Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
Purpose
Requires the Department of Health Services (DHS), by January 1, 2019, to enter into a public-private partnership to develop an education and awareness program regarding the disposal of drugs, needles and sharps. Prohibits cities, towns and counties from imposing a tax or fee to pay for a drug disposal program.
Background
Laws 2018, First Special Session, Chapter 1 requires the Board of Supervisors from each county to establish at least one location in their county where a person may drop off any legal or illegal drug or substance and drug paraphernalia and receive a referral to a substance abuse treatment facility.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits cities, towns and counties from the following:
a) imposing a tax, fee, assessment or charge on any consumer or owner or operator of a business to pay for or support a drug disposal program in their jurisdiction; and
b) requiring an owner or operator of a business to establish, pay for or operate a drug disposal program in their jurisdiction.
2. Declares that the establishment or regulation of a drug disposal program by an owner or operator of a business that complies with state and federal law is a matter of statewide concern and is not subject to regulation by a city, town or county.
3. Requires DHS, by January 1, 2019, to enter into a public-private partnership to develop an education and awareness program regarding the disposal of prescription drugs, needles and sharps.
4. Directs the program to include a web-based resource that:
a) describes available drug disposal options;
b) may reduce the availability of unused controlled substances and may minimize the environmental impact of drug disposal;
c) provides a list of drug disposal take-back sites and take back events; and
d) describes appropriate disposal methods.
5. Requires that the program include educational activities that promote the awareness of safe storage and disposal of various drugs.
6. Establishes the Drug Disposal and Awareness Fund (Fund) to consist of monies donated or contributed by private persons or organizations and requires DHS to administer the Fund.
7. Establishes that monies in the Fund are continuously appropriated, are exempt from requirements relating to the lapsing of appropriations and must be used to pay for the costs of administering the program.
8. Defines drug disposal program as a program to collect, transport or dispose of drugs, needles and sharps that are no longer wanted or discarded by the owner.
9. Becomes effective on the general effective date.
House Action
LIA 2/14/18 DPA 7-0-0-0
3rd Read 2/21/18 DPA 57-0-3
Prepared by Senate Research
March 19, 2018
CRS/NW/lat