Page:United States Statutes at Large Volume 124.djvu/2885

 124 STAT. 2859 PUBLIC LAW 111–273—OCT. 12, 2010 (B) However, take-back programs often cannot dispose of the most dangerous pharmaceutical drugs—controlled sub- stance medications—because Federal law does not permit take- back programs to accept controlled substances unless they get specific permission from the Drug Enforcement Administration and arrange for full-time law enforcement officers to receive the controlled substances directly from the member of the public who seeks to dispose of them. (C) Individuals seeking to reduce the amount of unwanted controlled substances in their household consequently have few disposal options beyond discarding or flushing the substances, which may not be appropriate means of disposing of the sub- stances. Drug take-back programs are also a convenient and effective means for individuals in various communities to reduce the introduction of some potentially harmful substances into the environment, particularly into water. (D) Long-term care facilities face a distinct set of obstacles to the safe disposal of controlled substances due to the increased volume of controlled substances they handle. (5) This Act gives the Attorney General authority to promulgate new regulations, within the framework of the Con- trolled Substances Act, that will allow patients to deliver unused pharmaceutical controlled substances to appropriate entities for disposal in a safe and effective manner consistent with effective controls against diversion. (6) The goal of this Act is to encourage the Attorney General to set controlled substance diversion prevention parameters that will allow public and private entities to develop a variety of methods of collection and disposal of controlled substances, including some pharmaceuticals, in a secure, convenient, and responsible manner. This will also serve to reduce instances of diversion and introduction of some potentially harmful sub- stances into the environment. SEC. 3. DELIVERY OF CONTROLLED SUBSTANCES BY ULTIMATE USERS FOR DISPOSAL. (a) REGULATORY AUTHORITY.—Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended by adding at the end the following: ‘‘(g)(1) An ultimate user who has lawfully obtained a controlled substance in accordance with this title may, without being reg- istered, deliver the controlled substance to another person for the purpose of disposal of the controlled substance if— ‘‘(A) the person receiving the controlled substance is author- ized under this title to engage in such activity; and ‘‘(B) the disposal takes place in accordance with regulations issued by the Attorney General to prevent diversion of con- trolled substances. ‘‘(2) In developing regulations under this subsection, the Attorney General shall take into consideration the public health and safety, as well as the ease and cost of program implementation and participation by various communities. Such regulations may not require any entity to establish or operate a delivery or disposal program. ‘‘(3) The Attorney General may, by regulation, authorize long- term care facilities, as defined by the Attorney General by regula- tion, to dispose of controlled substances on behalf of ultimate users Regulations.