August 10, 2009 the Governor signed Senate Bill 1919 that creates the Safe Pharmaceutical Disposal Act.
It provides that except for medications contained in intravenous fluids, syringes, or transdermal patches, no health care institution, nor any employee, staff person, contractor, or other person acting under the direction or supervision of a health care institution, may discharge, dispose of, flush, pour, or empty any unused medication into a public wastewater collection system or septic system.
The bill also provides that a violation of the Act is a petty offense subject to a fine of $500 and that fines collected under the Act from facilities licensed under the Nursing Home Care Act shall be deposited into the Long Term Care Monitor/Receiver Fund. Fines collected from all other health care institutions shall be deposited into the Environmental Protection Trust Fund.
Health care institutions shall modify their written medication protocols to be consistent with the requirements of the Act and each agency having regulatory oversight responsibility for a type of health care institution shall be responsible for ensuring those institutions' compliance. Effective January 1, 2010.
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