State LegislationState LegislationPharmaceuticals Product StewardshipPharmaceuticals Product Stewardship

Abby Boudouris, Oregon Department of Abby Boudouris, Oregon Department of Environmental QualityEnvironmental Quality

Suellen Mele, Washington Citizens for Suellen Mele, Washington Citizens for Resource ConservationResource Conservation

June 2009 National Product Stewardship Forum &

NW Hazardous Materials Conference

Producer responsibilityProducer responsibilitywould make a would make a

medicine return program medicine return program possible for the long termpossible for the long term

States with Product Stewardship States with Product Stewardship Bills in 2009Bills in 2009

Florida (SB 2650)Florida (SB 2650) Maine (LD 821)Maine (LD 821) Minnesota (HB 1217)Minnesota (HB 1217) Oregon (SB 598)Oregon (SB 598) Washington (2SHB 1165, Washington (2SHB 1165,

SB 5279)SB 5279)

Washington and OregonWashington and Oregon

Similarities Between the BillsSimilarities Between the Bills

In 2009In 2009

Producer ResponsibilityProducer Responsibility

Producers provide & pay for programProducers provide & pay for program

State agency may establish fees on State agency may establish fees on producers to recover expensesproducers to recover expenses

No fee to customer at time of No fee to customer at time of sale or collectionsale or collection

What’s CoveredWhat’s Covered

All medicinesAll medicines Over-the-counterOver-the-counter

Prescriptions, Prescriptions, including controlled including controlled substancessubstances

From households From households & residential & residential sourcessources

Not PrescriptiveNot Prescriptive Producers determine how to Producers determine how to

collect drugscollect drugs Pharmacy take-back , mail-in, Pharmacy take-back , mail-in,

combination, or other ideacombination, or other idea

Pharmacies not required to Pharmacies not required to

participateparticipate

Expect many pharmacies to Expect many pharmacies to

be eager to participatebe eager to participate

AdministrationAdministration

All producers must participate in an All producers must participate in an approved plan approved plan WA - Board of PharmacyWA - Board of Pharmacy OR – Department of Human ServicesOR – Department of Human Services

Can coordinate with other producers or Can coordinate with other producers or have their own planhave their own plan

MustMust accept all medicines regardless of accept all medicines regardless of who produced themwho produced them

Oversight – State RoleOversight – State RoleWashington Board of PharmacyWashington Board of Pharmacy

Oregon Department of Human ServicesOregon Department of Human Services

Review & approve plansReview & approve plans WA – in consultation with DOEWA – in consultation with DOE OR – in consultation with DEQOR – in consultation with DEQ

Adopt rulesAdopt rules WA – Shall adopt rules WA – Shall adopt rules OR – Shall adopt rules on admin fee & retail signsOR – Shall adopt rules on admin fee & retail signs

EnforcementEnforcement

Outreach & EvaluationOutreach & Evaluation

Producers provide education and outreach Producers provide education and outreach about the programabout the program

Oregon: Must include method of Oregon: Must include method of evaluation & improvement of programevaluation & improvement of program

Washington: Must annually evaluate Washington: Must annually evaluate outreach & program including:outreach & program including: % of residents aware of program% of residents aware of program What extent residents find program What extent residents find program

convenientconvenient

Washington and OregonWashington and Oregon

Differences Between the BillsDifferences Between the Bills

In 2009In 2009

PharmaciesPharmacies

OregonOregon Pharmacies must post signsPharmacies must post signs

WashingtonWashington Not specific about signsNot specific about signs

Both Oregon & WashingtonBoth Oregon & Washington If producers set up pharmacy take-back If producers set up pharmacy take-back

program, pharmacies may voluntarily participateprogram, pharmacies may voluntarily participate

ReportingReporting

OregonOregon No annual report No annual report

requiredrequired

WashingtonWashington Annual report Annual report

requiredrequired

Recovery RequirementsRecovery Requirements

OregonOregon Recovery goals Recovery goals

included in plan for included in plan for 11stst, 2, 2ndnd, and 3, and 3rdrd years years expressed as expressed as pounds per capitapounds per capita

WashingtonWashington No recovery goals or No recovery goals or

requirements. BUT:requirements. BUT: Board of Pharmacy may Board of Pharmacy may

establish performance establish performance standardsstandards

Collection must be Collection must be provided in all counties & provided in all counties & in cities of 10,000 or in cities of 10,000 or greater populationgreater population

Board of Pharmacy must Board of Pharmacy must invite comments on invite comments on satisfaction with servicessatisfaction with services

Final DisposalFinal Disposal

WashingtonWashington

Must be disposed at Must be disposed at hazardous waste facilityhazardous waste facility

Allows use of new Allows use of new technology if superior technology if superior protection of human protection of human health and health and environment, and environment, and approved by approved by Department of EcologyDepartment of Ecology

OregonOregon

Must be disposed by Must be disposed by incineration or incineration or hazardous waste hazardous waste disposaldisposal

Oregon PoliticsOregon Politics

Sponsor-Committee on Human Services Sponsor-Committee on Human Services and Health Policyand Health Policy

Champion-Senator Jackie DingfelderChampion-Senator Jackie Dingfelder Engine-ACWA and City of EugeneEngine-ACWA and City of Eugene Committee HearingsCommittee Hearings Amendment---PilotAmendment---Pilot Resurrection-SB 649Resurrection-SB 649 Story may not be over yetStory may not be over yet

Opposition Arguments in OregonOpposition Arguments in Oregonoror

“Solution in Search of a Problem”…“Solution in Search of a Problem”…Primary arguments against the bill Primary arguments against the bill

were environmental were environmental

Quantities detected small so very Quantities detected small so very small or small or no impact to water quality no impact to water quality

Human use is responsible for the Human use is responsible for the vast majority of drugs ---vast majority of drugs ---Excretion.Excretion.   

LandfillsLandfills are environmentally safe are environmentally safe for pharmaceutical disposal.for pharmaceutical disposal.

Opposition Solutions:Opposition Solutions: Education about proper disposal in Education about proper disposal in

trash is most efficient and effective trash is most efficient and effective methodmethod

SMARxT Disposal™ will work. SMARxT Disposal™ will work.

Take back might even make it worseTake back might even make it worse Collection program may increase Collection program may increase

diversion.diversion.

Supporters of SB 598Supporters of SB 598Oregon’s Drug Take Back ProgramOregon’s Drug Take Back Program

Health/Medical/Environmental Health/Medical/Environmental ProgramsPrograms

Oregon Nurses AssociationOregon Nurses AssociationOregon Board of PharmacyOregon Board of PharmacyOregon Hospice AssociationOregon Hospice AssociationOregon Public Health AssociationOregon Public Health AssociationOregon Society of Health System Oregon Society of Health System

PharmacistsPharmacistsOregon Department of Environmental Oregon Department of Environmental

QualityQualityOregon Environmental Quality Oregon Environmental Quality

CommissionCommission

Environmental OrganizationsEnvironmental OrganizationsOregon Center for Environmental HealthOregon Center for Environmental HealthNorthwest Product Stewardship CouncilNorthwest Product Stewardship CouncilOregon Environmental CouncilOregon Environmental CouncilTualatin RiverkeepersTualatin Riverkeepers

Local and Government ProgramsLocal and Government ProgramsCities: Bend, Eugene, Gresham, Hillsboro Cities: Bend, Eugene, Gresham, Hillsboro

(Water Department), Pendleton, Portland, (Water Department), Pendleton, Portland, Rogue River, and SpringfieldRogue River, and Springfield

Tualatin Valley Water DistrictTualatin Valley Water DistrictTualatin Valley Watershed CouncilTualatin Valley Watershed CouncilTri-County Water Resources AssociationTri-County Water Resources AssociationMedford Water CommissionMedford Water CommissionLower Columbia River Estuary PartnershipLower Columbia River Estuary PartnershipBenton County CommissionersBenton County CommissionersLane County CommissionersLane County CommissionersAffiliated Tribes of Northwest IndiansAffiliated Tribes of Northwest IndiansEugene Water and Electric BoardEugene Water and Electric BoardOregon Water Utilities CouncilOregon Water Utilities CouncilOregon Association of Clean Water AgenciesOregon Association of Clean Water AgenciesOregon Drinking Water Advisory CommitteeOregon Drinking Water Advisory CommitteePacific Northwest Clean Water AssociationPacific Northwest Clean Water AssociationJoint Water CommissionJoint Water CommissionRegional Water Providers ConsortiumRegional Water Providers ConsortiumSouth Fork Water BoardSouth Fork Water BoardBridlemile Neighborhood Creek StewardsBridlemile Neighborhood Creek Stewards

Washington PoliticsWashington Politics Prime sponsors = championsPrime sponsors = champions

Rep. Dawn MorrellRep. Dawn Morrell Sen. Adam KlineSen. Adam Kline

33 House sponsors33 House sponsors 16 Senate sponsors16 Senate sponsors Passed out of House policy Passed out of House policy

& fiscal committees& fiscal committees Moved out of RulesMoved out of Rules Ran out of timeRan out of time Done for this yearDone for this year

Opposition Arguments Opposition Arguments in Washingtonin Washington

Similar to arguments Similar to arguments made in Oregonmade in Oregon

PLUS: Where is the PLUS: Where is the evidence that existing evidence that existing programs make a programs make a difference?difference? accidental poisoningsaccidental poisonings prescription drug prescription drug

abuseabuse environmental environmental

contaminationcontamination

Washington: EndorsersWashington: EndorsersBusinesses & AssociationsBusinesses & AssociationsBartell DrugsBartell DrugsJim’s Pharmacy, SequimJim’s Pharmacy, SequimWashington State Recycling AssociationWashington State Recycling Association

Local Governments & AssociationsLocal Governments & AssociationsCity of KirklandCity of KirklandCity of SeattleCity of SeattleClark CountyClark CountyCoalition for Clean WaterCoalition for Clean WaterKing CountyKing CountyLocal Hazardous Waste Management Program in King Local Hazardous Waste Management Program in King

CountyCountyPublic Health – Seattle & King CountyPublic Health – Seattle & King CountySnohomish CountySnohomish CountyWashington State Association of CountiesWashington State Association of Counties

Environmental OrganizationsEnvironmental OrganizationsAmerican RiversAmerican RiversEnvironment WashingtonEnvironment WashingtonNational Wildlife FoundationNational Wildlife FoundationPeople For Puget SoundPeople For Puget SoundSierra Club Cascade ChapterSierra Club Cascade ChapterSurfrider FoundationSurfrider FoundationThe Nature ConservancyThe Nature ConservancyWashington Citizens for Resource ConservationWashington Citizens for Resource ConservationWashington Environmental CouncilWashington Environmental CouncilWashington Toxics CoalitionWashington Toxics Coalition

Civic & Faith OrganizationsCivic & Faith OrganizationsEarth MinistryEarth MinistryLeague of Women Voters of WashingtonLeague of Women Voters of WashingtonLutheran Public Policy Office of Washington StateLutheran Public Policy Office of Washington StateRyan’s SolutionRyan’s SolutionWashington State Senior Citizens’ LobbyWashington State Senior Citizens’ LobbyWashPIRGWashPIRG

Law EnforcementLaw EnforcementClallam County SheriffClallam County SheriffSnohomish County Sheriff’s OfficeSnohomish County Sheriff’s OfficeWashington Association of Sheriffs and Police ChiefsWashington Association of Sheriffs and Police ChiefsWashington Council of Police and Sheriffs (WACOPS)Washington Council of Police and Sheriffs (WACOPS)

Health & Medical OrganizationsHealth & Medical OrganizationsAmerican Academy of Pediatrics – WA State ChapterAmerican Academy of Pediatrics – WA State ChapterAssociation of Advanced Practice Psychiatric NursesAssociation of Advanced Practice Psychiatric NursesBreast Cancer FundBreast Cancer FundChildren’s AllianceChildren’s AllianceCompassion & Choices of WashingtonCompassion & Choices of WashingtonHome Care Association of WashingtonHome Care Association of WashingtonInstitute for Children’s Environmental HealthInstitute for Children’s Environmental HealthInstitute for Neurotoxicology & Neurological DisordersInstitute for Neurotoxicology & Neurological DisordersPlanned Parenthood Public Policy Network of WAPlanned Parenthood Public Policy Network of WASchool Nurse Organization of WashingtonSchool Nurse Organization of WashingtonScience and Management of Addictions (SAMA) Science and Management of Addictions (SAMA)

FoundationFoundationWA Acupuncture and Oriental Medicine AssociationWA Acupuncture and Oriental Medicine AssociationWashington Association for Substance Abuse and Washington Association for Substance Abuse and

Violence PreventionViolence PreventionWashington Chapter of the American College of Washington Chapter of the American College of

Emergency PhysiciansEmergency PhysiciansWashington Poison CenterWashington Poison CenterWashington Private Duty AssociationWashington Private Duty AssociationWashington State Assoc of Local Public Health OfficialsWashington State Assoc of Local Public Health OfficialsWashington State Assoc of Occupational Health Washington State Assoc of Occupational Health

NursesNursesWashington State Hospice and Palliative Care Washington State Hospice and Palliative Care

OrganizationOrganizationWashington State Medical AssociationWashington State Medical AssociationWashington State Nurses AssociationWashington State Nurses AssociationWashington State Psychological AssociationWashington State Psychological Association

This issue isn’t going awayThis issue isn’t going away … …Shirley

Next StepsNext Steps

Continue participating in Continue participating in PSI’s National Stakeholder PSI’s National Stakeholder DialogueDialogue

Drug manufacturer support?Drug manufacturer support? Continue local conversations Continue local conversations

with stakeholders with stakeholders Broaden & deepen supportBroaden & deepen support Bill passageBill passage

Additional InformationAdditional Information

Abby Boudouris, DEQAbby Boudouris, DEQBoudouris.Abby@deq.state.or.us

Suellen Mele, WCRCSuellen Mele, WCRCSuellen@WasteNotWashington.org

Oregon BillOregon Bill

http://www.leg.state.or.us/searchmeas.html (type in SB598) (type in SB598)

Washington BillWashington Billwww.leg.wa.gov (type in 1165 under “bill search”) (type in 1165 under “bill search”)