AN ACT requiring pharmacies to provide patients with written informational materials on prescription drug disposal and to make available on‑site at least one consumer method for prescription drug disposal.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 5 of Chapter 90 of the General Statutes is amended by adding a new section to read:

§ 90‑106.5.  Pharmacies to provide prescription drug disposal information and at least one on‑site method of disposal.

(a)        As used in this section, the following terms have the following meanings:

(1)        Active ingredient. – As defined in 21 C.F.R. § 210.3(b)(7), as amended.

(2)        Controlled substance. – As defined in G.S. 90‑87. The term also includes any drug or medication identified for inclusion in this section by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services.

(b)        Each pharmacy that dispenses a controlled substance to a patient shall, at the time of dispensation, do all of the following:

(1)        Provide the patient with written informational materials on all of the following:

a.         An explanation of how to properly, safely, and promptly discard unused, unwanted, or expired drugs and medications. These informational materials shall include available drug disposal options.

b.         An explanation of at least the following risks for failure to properly, safely, and promptly discard unused, unwanted, or expired drugs and medications:

1.         That the drug or medication 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.

2.         That children are particularly at risk of accidentally ingesting unused, unwanted, and expired medications that have not been properly, safely, and promptly discarded.

3.         That drugs or medications discarded in the household trash or flushed down the drain can leach into the ecosystem, which can have a potentially adverse or harmful effect on the environment.

4.         That drugs or medications discarded in the household trash without being rendered unusable and unavailable can be stolen by individuals seeking to divert, abuse, or misuse the drug or medication.

(2)        Make available on‑site, for purchase or at no cost to the patient, at least one consumer method for individuals to dispose of unwanted or expired prescription drugs, including over‑the‑counter, at‑home drug disposal products or secured medication collection kiosks or boxes, subject to the following requirements:

a.         The pharmacy shall ensure that at‑home drug disposal products made available on‑site consist of a non‑toxic composition, blend, solution, or formulation that (i) changes the physical integrity of the medication formulation so that it is no longer recognizable as the therapeutic dose for which it was dispensed and intended or (ii) chemically renders the active ingredients of the medication unusable for all practical purposes and exhibits abuse deterrent properties that make the normal routes of administration difficult and less rewarding.

b.         The pharmacy shall ensure that any secured medication collection kiosks or boxes made available on‑site follow federal Drug Enforcement Administration requirements for collected pharmaceuticals set forth in 21 C.F.R. § 1317, as amended, and shall be marked and identified by prominent signage.

SECTION 2.  This act becomes effective October 1, 2021, and applies to controlled substances dispensed by pharmacies operating in this State on or after that date.