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Home My WebLink AboutLetter to BOS re Prescrip drug disposal program r b' � a W R October 307, 201.4 Nov 0 1, 2CIA Butte County Board of Supervisors CMVUE, CATORNIA 2 5 County Center Dr Oroville CA 95965-3316 Dear Board Members: Over the last two years, I have worked with numerous stakeholders to develop legislation that would create a convenient and environmentally responsible home-generated prescription drug disposal program. These efforts included my hosting several large stakeholder meetings, working with legislative consultants, and meeting with hundreds of individuals with an interest in the safe handling and disposal of unused medications. During that time, I introduced two bills, SB 727 (201.3) and S13 1014 (2014) in response to the feedback I received to help decrease the supply of unused prescription drugs in homes across California. Due to the current legislative climate, moving forward with these programs was unsuccessful. I am now respectfully requesting your participation and help to move this critical issue forward in our state. Adopting a county ordinance similar to Alameda County's Safe Drug Disposal ordinance will help California residents prevent prescription drug abuse, address their disposal needs now, and increase support for a statewide solution. The Alameda County board of Supervisors unanimously adopted the first Safe Medication Disposal Ordinance in the country in July 2(71.2. Pharmaceutical manufacturers with medications being sold or distributed in Alameda County must participate in and fund a program to collect and dispose of unwanted drugs. The ordinance was challenged by Pharmaceutical Research and Manufacturers of America, Generic Pharmaceutical Association, and Biotechnology Industry Organization on the basis that the ordinance violates the dormant Commerce Clause for interstate commerce and discriminates against out-of-county producers. In August 201.3, the T.S. District Court upheld the ordinance, as did the Ninth U.S. Circuit t:oUrt of . Sep e3j),ber 201.4. Alameda County's ordinance may be found here: Litt3: /www � ceUgiedajIOCnfilr� if,� % cxa Page 2 I encourage you to consider introducing a similar ordinance in your county to demonstrate your support for, and commitment to, addressing this problem. A preponderance of evidence points to the need for action: • The National Drug Control Strategy of 2014 lists providing safe medicine take-back as one of four key interventions to prevent prescription drug abuse. • In October 2013, the DEA's seventh National Take-Back Day collected 324 tons of expired and unwanted medications across the nation. Since the inception of National Take-Back Day in 2010, it has resulted in the disposal of more than 3.4 million pounds of unused medications. • In 2010, CalRecycle identified 297 take-back programs in California including one-time take-back events, continuous take-back programs, and mail-back programs. The majority of these programs are funded and run by local governments. • 70% of Americans are taking at least one prescription medication. • Studies estimate between 10 - 33% of medications go unused. • Poisoning is one of the fastest rising causes of accidental death among older adults, particularly from overdoses of prescription drugs and over-the-counter medications. • A 2013 study by The Partnership at Drugfree.org found that one in four teens had intentionally misused a prescription drug in their lifetime — a 33% increase from five years ago. • According to the National Institute on Drug Abuse, accidental overdose deaths from prescription opiates have quadrupled since 1999 and now outnumber those from heroin and cocaine combined. • Flushing expired or unused medications down the toilet can add to the pharmaceuticals in our streams and drinking water and is extremely costly, if not impossible,to eradicate. Until a cohesive statewide strategy is established, the most effective way to help prevent the risk of accidental poisoning and abuse of unused medications in your county is to increase disposal options through the adoption of an ordinance. I hope you will give this important public safety and environmental issue your most serious consideration. Sincerely, HANNAH-BETH JA ON Senator, 191h District HBJ: lb FACT SHEET ON HOW TO DRAFT PHARMACEUTICAL STEWARDSHIP ORDINANCES (Revised 10/29/2014) This fact sheet is intended to be used as a tool for anyone considering a producer responsibility ordinance for household pharmaceuticals. It summarizes key elements of the two existing pharmaceutical ordinances that have passed in the U.S. for Alameda County California and King County Washington. In addition, it includes San Francisco's new ordinance that was introduced October 21, 2014. The consensus is that the best ordinance to start with is San Francisco's which was the most recently introduced and was based on the best of both Alameda and King County ordinances. Questions to ask and have policy leadership answer before going to Counsel to draft an Ordinance: I. What medications much be accepted by the program? (OTC, vitamins,, controlled)? 1 Will producers pay 100% of the program hard costs? 3. Will it include convenience requirements? 4. Will it require a producer funded and managed public education/outreach program? 5. Will pharmacies be required to (1) host bins, and/or (2) advertise the program? 6„ Will it allow producers to charge the cost to the consumer visibly or be internalized in price? 7. Will it require producers to pay fees to reimburse for public agency oversight costs? S. Will it allow the public agency to assess a penalty/fine for failure to comply, and if so what? Comparison of Ordinances by the Counties of Alameda, King and San Francisco: Question Alameda County King County San Francisco Safe Medication Secure Medicine Safe Drug Disposal Disposal Ordinance Return. Ordinance Ordinance Adopted.7/24/.12 . Adopted 6/20/13 Introduced 1.13/21/14 Are over-the-counter No Yes Yes medications covered? Are vitamins/ supplements No No No covered'? Are controlled substances Yes,partially, special Yes Yes covered? provisions for how controlled are handled. Will producers pay 100% Yes No—The County Yes of the program hard costs? funds collection bins up to maximum of 400 bins. Will it have convenience No, but an explanation of Yes—Every retail Yes—Every standards, and if so what? how the system will be pharmacy and law Supervisorial District convenient and adequate enforcement office must have at least 5 to serve the needs of that volunteers Must drop-off sites residents is required in be included in the geographically system. If a distributed to provide the plan. jurisdiction does not reasonably convenient have at least I site & equitable access. If plus one additional this cannot be site for every 30,000 achieved due to lack of population, then drop-off sites, periodic producers must also collection events provide periodic and/or mail-back collection events or services shall be mail-back services, or provided. some combination. Will it require a public Yes Yes Yes education/outreach program? Will pharmacies be No No, all potential No, the separate Safe required to (1) host bins, collectors will Drug Disposal or (2) advertise the participate Information ordinance program? voluntarily. requires pharmacies to display ads for the collection program. Will it allow producers to No No No charge visible fees? Will it provide oversight Yes Yes Yes fees to reimburse costs incurred by the public agency? Allows the public agency Yes, max. penalty of Yes, max. penalty of Yes, $50-$500 per day to assess a penalty/fine`? $1,000/day, $2,000/day. fines/up to 6 mo.jail Ordinance Lead Attorney and Technical Staff by Jurisdiction: Alameda County, CA: Kathleen Pacheco, Senior Deputy County Counsel - Ph: 510-272-6700 kithilecii.pactieco@a�ct,,oy.(.)j X Bill Pollock, Hazardous Waste Manager - Ph: 510-670-6460 bill.pollock@acgov.org King County, WA: Amy Eiden, Deputy Prosecuting Attorney - Ph: 206-477-1082 amy.cidei'i @kin�unLygov. Taylor Watson, Program Implementation Manager - Ph: 206-263-3072 Layloir �ya�t�)ii @kiiigcoii,itv.,(zov San Francisco, CA: Joshua S. White, Deputy City Attorney- Ph415-554-4661. Joshu.a..While@s gQyc,)rg Maggie Johnson, Residential Toxics Reduction Coordinator- Ph: 415-355-5006 ni.ar�-,ra,ret.johrisoil @sf�,,ov.(2fg