State Legislation Pharmaceuticals 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

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

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

Washington and Oregon Similarities Between the Bills In 2009

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

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

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

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

Oversight – State Role Washington Board of Pharmacy Oregon Department of Human Services  Review & approve plans WA – in consultation with DOE WA – in consultation with DOE OR – in consultation with DEQ OR – in consultation with DEQ  Adopt rules WA – Shall adopt rules WA – Shall adopt rules OR – Shall adopt rules on admin fee & retail signs OR – Shall adopt rules on admin fee & retail signs  Enforcement

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 % of residents aware of program What extent residents find program convenient What extent residents find program convenient

Washington and Oregon Differences Between the Bills In 2009

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

Reporting Oregon  No annual report required Washington  Annual report required

Recovery Requirements Oregon  Recovery goals included in plan for 1 st, 2 nd, and 3 rd 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

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

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

Opposition Arguments in Oregon or “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.  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.

Supporters of SB 598 Oregon’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

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

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

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

This issue isn’t going away … Shirley

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

Additional Information Abby Boudouris, DEQ Suellen Mele, WCRC Oregon Bill (type in SB598) Washington Bill (type in 1165 under “bill search”)