State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2558: drug disposal; education

PRIME SPONSOR: Representative Cobb, LD 5

BILL STATUS: Senate Engrossed

Senate 3rd Read: (28-0-2)

Legend: ADHS – Arizona Department of Health Services Fund – Drug Disposal and Awareness Fund Program – Education and Awareness Program Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to drug disposal education and awareness and municipal authority.

Provisions

1.       Prohibits a city, town or county from:

a.       Imposing a tax, fee, assessment or charge on any consumer, owner or operator of a business to pay or support a drug disposal program in their respective jurisdictions. (Sec. 1, 2)

b.       Requiring an owner or operator of a business to pay for or operate a drug disposal program in their respective jurisdictions. (Sec. 1, 2)

2.       Establishes a state preemption on the regulation of a drug disposal program by a business.  (Sec. 1, 2)

3.       Specifies that these requirements do not prohibit a city or town from using other general fund monies to operate a drug disposal program. (Sec. 1)

4.       Specifies that the state preemption and drug disposal requirements do not prohibit a county Board of Supervisors from establishing a county drop-off location for drugs, substances and paraphernalia. (Sec. 2)

o   Laws 2018, First Special Session, Chapter 1, Sec. 4   requires each county Board of Supervisors to establish at least one location where a person may drop off drugs or substances and receive a referral to a substance abuse treatment facility.

5.       Requires ADHS to enter into a public-private partnership to develop a Program regarding the disposal of prescription drugs and controlled substances by January 1, 2019. (Sec. 3)

a.       Permits the Program to: 

i.         Describe available drug disposal options that comply with state and federal law;

ii.       Reduce the availability of unused substances and minimize the potential environmental impact of drug disposal options;

iii.     Provide a list of drug disposal take-back sites which must be sortable and searchable;

iv.     Provide a list and information regarding drug disposal take-back events and include their date, time and location.;

v.       Include educational activities designed to ensure consumer awareness of safe storage and disposal of prescription drugs and controlled substances; and

vi.     Describe appropriate disposal methods and locations for needles and sharps. (Sec. 3)

6.       Establishes the Fund, consisting of donations and private contributions

a.       Requires ADHS to administer the Fund.

b.       Exempts Fund monies from requirements relating to the lapsing of appropriations. (Sec. 3)

7.       Requires Fund monies to be used to pay for the costs of administering the Program. (Sec. 3)

8.       Defines Drug Disposal Program. (Sec. 1, 2)

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12.   Fifty-third Legislature                          HB 2558

13.   Second Regular Session                       Version 4: Senate Engrossed

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