The First Step: H.11 Passes the House with Full Support...

On March 15th, 2011 I reported H.11 to the House. This bill is an important first step in working to solve our state's prescription drug abuse problem. Below is the text of my remarks on the bill.

H.11 An Act Relating the Discharge of Pharmaceutical Waste to State Waters

Overview and Section by Section Summary

"Mr. Speaker:

When an average Vermonter has unused or expired medications, they have limited options for disposal. They can flush the drugs down the toilet, put them in the trash, or bring them to a take back program. But each of these disposal options is problematic. Flushing drugs or putting them in the trash introduces the drugs to the environment. As a result, these drugs can now be found in state surface waters and fish and wildlife.

Drug take-back programs have been successful in limited application, however, these programs often cannot dispose of the most dangerous pharmaceutical drugs--controlled substance medications—because federal law requires the U.S. Drug Enforcement Agency to approve take back programs on a case by case basis and federal statute requires a law enforcement officer to accept controlled substances from the public. Consequently, Vermonters are faced with three imperfect disposal options.

H.11 was introduced in hopes of addressing some of the issues with drug take back programs, but the committee soon learned that most of the obstacles to implementation of effective programs, stem from federal statute or rule. Other states have come to the same realization and have pressured Congress to adopt necessary changes.

Congress listened, and enacted the Secure and Responsible Drug Disposal Act of 2010, which requires the U.S. Attorney General over the next 18 moths to adopt new rules under the Controlled Substances
Act that will allow patients to deliver unused pharmaceutical controlled substances to appropriate entities for disposal.

To implement the federal rules, states will likely need to amend statute or rule. For example, in Vermont it is unlawful under 18 V.S.A. § 4205 for anyone to possess, control, or dispense controlled substances unless properly licensed as a health care provider or pharmacy. The definition of “dispense” under 18 V.S.A. § 4201(7) includes “disposal.”

Thus, under existing Vermont law, certain law enforcement facilities and certain health care facilities technically cannot serve as take-back locations and cannot deliver controlled substances to take-back programs.

The amendment proposed by the Fish, Wildlife, and Water Resources Committee is a proactive remedy for addressing the need to amend state law. The amendment authorizes persons who lawfully came into possession of a prescription drug to deliver them to a person authorized by federal law to accept them for disposal.

So, when the federal regulations are adopted identifying acceptable drug take back rules, Vermont will have already approved the program.

Being ready to adopt and implement these rules is important not only to ensure that we’re doing everything we can to protect our water ways and ecosystems, but also to that the unused and in many cases dangerous drugs don’t end up on abused.

Recent federal studies have shown:

That the non-medical use of prescription drugs is a growing problem in the United States, particularly among teenagers.

That the unintentional overdose deaths involving prescription opioids has increased 114 percent from 2001 to 2005, and the number of treatment admissions for these drugs increased 74 percent from 2002 to 2006.

It found that violent crime and property crime associated with abuse and diversion of CPDs has increased in all regions of the United States over the past 5 years.

And that, teens abuse prescription drugs more than any illicit drug except marijuana—more than cocaine, heroin, and methamphetamine combined.

This problem is alive and well in Vermont. And in my hometown, it threatens the very fabric of our community. The serious increase in Prescription drug abuse and the crime that comes with it has changed the way we live in St. Albans and other communities around the state.

This is an important first step. It will increase help provide a safe location for Vermonters to dispose of unused medications in a timely manner and in doing so, work to reduce the amount of drugs which may otherwise end up diverted and abused."