New Regulations on Pharmaceutical Substances: What to Do

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The Drug Enforcement Agency (DEA) announced their final rule on pharmaceutical controlled substances and disposal policies on September 8th, 2014, effective as of October 9th. These policies are meant to simplify disposal methods of pharmaceutical substances and make them safer as well.

The Controlled Substances Act (CSA) will allow users to deliver unused pharmaceutical controlled substances to appropriate entities for safe and simple disposal. It encourages development of methods of collection and disposal in secure, convenient and responsible ways.

This act primarily affects ultimate users of controlled substances. The “ultimate user” is “a person who has lawfully obtained and possesses, a controlled substance for his own use or for the use of a member of his household or for an animal owned by him or a member of his household.” Ultimate users may not dispose of substances of friends or anyone not related to him. Exceptions include death of a person in lawful possession, in which case any person lawfully entitled to dispose of the decedent’s property may dispose of the substance and any long-term care facility may dispose of a resident’s substance.

Disposal methods include Take Back Events, scheduled time periods that are coordinated and conducted by law enforcement to establish drop-off points for the public. Mail Back programs are also popular, wherein authorized manufacturers, distributors, reverse distributors, retail pharmacies, hospitals/clinics with pharmacies, narcotic treatment centers or law enforcement can administer collection via mail. Any method of pharmaceutical disposal valid prior to regulation modifications is also considered valid.

All methods of disposal are completely voluntary.

Most importantly, disposed pharmaceuticals must be rendered in compliance with all Federal, State, tribal, and local laws. These rules are to help guide and protect the environment and prevent illegal dispersion of substances. If anything, these regulations are to expand the ways ultimate users can dispose of substances that are not needed.

For more information of the DEA Disposal Act: http://www.deadiversion.usdoj.gov/drug_disposal/fact_sheets/disposal_public.pdf

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