HB 923: Pharmacies; furnish patients with written informational material when dispensing certain prescription drugs; require

House Bill 923

By: Representatives Hagan of the 156th, Silcox of the 53rd, Ridley of the 22nd, and Gambill of the 15th

A BILL TO BE ENTITLED

AN ACT

To amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to require pharmacies to furnish patients with written informational material when dispensing certain prescription drugs; to require pharmacies to provide a means to safely dispose of unused, unwanted, or expired prescription drugs; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, is amended by adding a new Code section to read as follows:

"26-4-120.

(a) Each pharmacy in this state that dispenses prescription drugs shall, when dispensing to an individual located in this state a Schedule II controlled substance prescription drug and any other prescription drug as may be designated by the board:

(1) Provide written informational material:

(A) Notifying such individual that when unused, unwanted, or expired prescription drugs are not properly, safely, and promptly disposed of, the following may occur:

(i) There is a risk that prescription drugs can be stolen, diverted, abused, misused, or accidentally ingested, which can pose a risk to the health and safety of the patient and other members of the patient's household;

(ii) Children are particularly at risk of accidentally ingesting unused, unwanted, and expired prescription drugs that have not been properly and effectively disposed of;

(iii) When prescription drugs are improperly disposed of or flushed down the drain, such drugs can leak into the ecosystem, which can have a potentially adverse or harmful effect on the environment; and

(iv) When prescription drugs are disposed of in the household trash without such drugs having been rendered unusable and unavailable, they may be diverted or misused; and

(B) Concerning how to properly, safely, and promptly dispose of unused, unwanted, or expired prescription drugs. Such informational material concerning proper, safe, and prompt disposal may include, but shall not be limited to, information concerning the drug disposal options made available pursuant to paragraph (2) of this subsection. The pharmacist or his or her designee dispensing such prescription drug shall answer any questions such individual may have upon receiving, and in response to, such written informational material; and

(2) Make available onsite, for purchase, or at no cost to the patient, at least one consumer method for individuals to safely and effectively dispose of unused, unwanted, or expired prescription drugs in the home. Such method or methods shall include, but shall not be limited to, a nonprescription in-home solution or a secured medication collection receptacle or box.

(b)(1) Each nonprescription in-home solution made available pursuant to paragraph (2) of subsection (a) of this Code section shall:

(A) Enable the patient to directly and safely discard unused, unwanted, or expired prescription drugs at home when the current state or federally recommended methods or specialized collections are neither available nor convenient or when waiting for any such event will increase the opportunity for household harm, unintended risk, or human exposure;

(B) Offer the patient an effective system that alters the physical integrity of the prescription drug's formulation;

(C) Render the active ingredient or ingredients unusable for practicable purposes, thereby mitigating the risk of nonmedical use or overdose;

(D) Serve as nontoxic, nonhazardous, pose no threat to the patient, and reduce the prescription drug's exposure to the environment; and

(E) Act as a deterrent for misuse with simple and effective education.

(2) Each secured medication collection receptacle or box shall be made available in accordance with the regulations of the United States Drug Enforcement Administration in 21 C.F.R. Part 1317, as such regulations exist on July 1, 2025. Such receptacle or box shall be marked and identified by prominent signage.

(3) The manufacturer of each nonprescription in-home solution or secured medication collection receptacle or box made available shall represent upon request that none of the components or methods of disposal individually, as a blend, as a solution, or as treatment and destruction facility are toxic and that such composition or collection receptacle or box complies with the waste regulations as established by the United States Environmental Protection Agency for municipal household waste disposal.

(4) Each manufacturer, supplier, or servicing agent of a commercial collection program that uses secured medication collection receptacles or boxes shall comply with the regulations of the United States Drug Enforcement Administration in 21 C.F.R. Part 1317, as such regulations exist on July 1, 2025. Such manufacturer, supplier, or servicing agent shall ensure that methods of incineration are in accordance with the permitted hazardous waste combustor recommendations as provided by the federal Resource Conservation and Recovery Act of 1976 (P.L. 94-580, 42 U.S.C. Section 6901, et. seq.), as amended.

(c) The requirements of subsection (a) of this Code section shall apply regardless of whether such prescription drug order is an initial order, renewal order, or refill of an existing prescription order and regardless of whether the individual picking up such prescribed drug is a new or returning customer of such dispensing pharmacy."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.