State Legislation Pharmaceuticals Product Stewardship

1. State LegislationPharmaceuticals Product Stewardship Abby Boudouris, Oregon Department of Environmental Quality Suellen Mele, Washington Citizens for Resource Conservation June 2009 National Product Stewardship Forum & NW Hazardous Materials Conference

2. Producer responsibility would make a medicine return program possible for the long term

3. States with Product Stewardship Bills in 2009 • Florida (SB 2650) • Maine (LD 821) • Minnesota (HB 1217) • Oregon (SB 598) • Washington (2SHB 1165, SB 5279)

4. Washington and Oregon Similarities Between the Bills In 2009

5. Producer Responsibility Producers provide & pay for program State agency may establish fees on producers to recover expenses No fee to customer at time of sale or collection

6. All medicines Over-the-counter Prescriptions, including controlled substances From households & residential sources What’s Covered

7. Not Prescriptive Producers determine how to collect drugs Pharmacy take-back , mail-in, combination, or other idea Pharmacies not required to participate Expect many pharmacies to be eager to participate

8. Administration All producers must participate in an approved plan WA - Board of Pharmacy OR – Department of Human Services Can coordinate with other producers or have their own plan Must accept all medicines regardless of who produced them

9. Oversight – State RoleWashington Board of PharmacyOregon Department of Human Services Review & approve plans WA – in consultation with DOE OR – in consultation with DEQ Adopt rules WA – Shall adopt rules OR – Shall adopt rules on admin fee & retail signs Enforcement

10. Outreach & Evaluation Producers provide education and outreach about the program Oregon: Must include method of evaluation & improvement of program Washington: Must annually evaluate outreach & program including: % of residents aware of program What extent residents find program convenient

11. Washington and Oregon Differences Between the Bills In 2009

12. Pharmacies Oregon • Pharmacies must post signs Washington • Not specific about signs Both Oregon & Washington • If producers set up pharmacy take-back program, pharmacies may voluntarily participate

13. Oregon No annual report required Washington Annual report required Reporting

14. Oregon Recovery goals included in plan for 1st, 2nd, and 3rd years expressed as pounds per capita Washington No recovery goals or requirements. BUT: Board of Pharmacy may establish performance standards Collection must be provided in all counties & in cities of 10,000 or greater population Board of Pharmacy must invite comments on satisfaction with services Recovery Requirements

15. Final Disposal Washington Must be disposed at hazardous waste facility Allows use of new technology if superior protection of human health and environment, and approved by Department of Ecology Oregon Must be disposed by incineration or hazardous waste disposal

16. Oregon Politics Sponsor-Committee on Human Services and Health Policy Champion-Senator Jackie Dingfelder Engine-ACWA and City of Eugene Committee Hearings Amendment---Pilot Resurrection-SB 649 Story may not be over yet

17. Opposition Arguments in Oregonor“Solution in Search of a Problem”… Primary arguments against the bill were environmental Quantities detected small so very small or no impact to water quality Human use is responsible for the vast majority of drugs ---Excretion. Landfills are environmentally safe for pharmaceutical disposal. Opposition Solutions: Education about proper disposal in trash is most efficient and effective method SMARxT Disposal™ will work. Take back might even make it worse Collection program may increase diversion.

18. Supporters of SB 598Oregon’s Drug Take Back Program Health/Medical/Environmental Programs Oregon Nurses Association Oregon Board of Pharmacy Oregon Hospice Association Oregon Public Health Association Oregon Society of Health System Pharmacists Oregon Department of Environmental Quality Oregon Environmental Quality Commission Environmental Organizations Oregon Center for Environmental Health Northwest Product Stewardship Council Oregon Environmental Council Tualatin Riverkeepers Local and Government Programs Cities: Bend, Eugene, Gresham, Hillsboro (Water Department), Pendleton, Portland, Rogue River, and Springfield Tualatin Valley Water District Tualatin Valley Watershed Council Tri-County Water Resources Association Medford Water Commission Lower Columbia River Estuary Partnership Benton County Commissioners Lane County Commissioners Affiliated Tribes of Northwest Indians Eugene Water and Electric Board Oregon Water Utilities Council Oregon Association of Clean Water Agencies Oregon Drinking Water Advisory Committee Pacific Northwest Clean Water Association Joint Water Commission Regional Water Providers Consortium South Fork Water Board Bridlemile Neighborhood Creek Stewards

19. Washington Politics • Prime sponsors = champions • Rep. Dawn Morrell • Sen. Adam Kline • 33 House sponsors 16 Senate sponsors • Passed out of House policy & fiscal committees • Moved out of Rules • Ran out of time • Done for this year

20. Similar to arguments made in Oregon PLUS: Where is the evidence that existing programs make a difference? accidental poisonings prescription drug abuse environmental contamination Opposition Arguments in Washington

21. Washington: Endorsers Businesses & Associations Bartell Drugs Jim’s Pharmacy, Sequim Washington State Recycling Association Local Governments & Associations City of Kirkland City of Seattle Clark County Coalition for Clean Water King County Local Hazardous Waste Management Program in King County Public Health – Seattle & King County Snohomish County Washington State Association of Counties Environmental Organizations American Rivers Environment Washington National Wildlife Foundation People For Puget Sound Sierra Club Cascade Chapter Surfrider Foundation The Nature Conservancy Washington Citizens for Resource Conservation Washington Environmental Council Washington Toxics Coalition Civic & Faith Organizations Earth Ministry League of Women Voters of Washington Lutheran Public Policy Office of Washington State Ryan’s Solution Washington State Senior Citizens’ Lobby WashPIRG Law Enforcement Clallam County Sheriff Snohomish County Sheriff’s Office Washington Association of Sheriffs and Police Chiefs Washington Council of Police and Sheriffs (WACOPS) Health & Medical Organizations American Academy of Pediatrics – WA State Chapter Association of Advanced Practice Psychiatric Nurses Breast Cancer Fund Children’s Alliance Compassion & Choices of Washington Home Care Association of Washington Institute for Children’s Environmental Health Institute for Neurotoxicology & Neurological Disorders Planned Parenthood Public Policy Network of WA School Nurse Organization of Washington Science and Management of Addictions (SAMA) Foundation WA Acupuncture and Oriental Medicine Association Washington Association for Substance Abuse and Violence Prevention Washington Chapter of the American College of Emergency Physicians Washington Poison Center Washington Private Duty Association Washington State Assoc of Local Public Health Officials Washington State Assoc of Occupational Health Nurses Washington State Hospice and Palliative Care Organization Washington State Medical Association Washington State Nurses Association Washington State Psychological Association

22. Shirley This issue isn’t going away …

23. Next Steps Continue participating in PSI’s National Stakeholder Dialogue Drug manufacturer support? Continue local conversations with stakeholders Broaden & deepen support Bill passage

24. Additional Information Abby Boudouris, DEQ Boudouris.Abby@deq.state.or.us Suellen Mele, WCRC Suellen@WasteNotWashington.org Oregon Bill http://www.leg.state.or.us/searchmeas.html (type in SB598) Washington Bill www.leg.wa.gov (type in 1165 under “bill search”)