Written Testimony of Utah Attorney General Mark L. Shurtleff
Before the House Judiciary Committee’s Sub-Committee on Crime, Terrorism and Homeland Security
“Secure and Responsible Drug Disposal Act of 2009- H.R. 1359”
Chairman Scott, Ranking Member Gohmert and Members of the Sub-Committee:
My name is Mark Shurtleff, and I am the Attorney General of the State of Utah. Thank
you for this opportunity to speak in support of H.R. 1359 – “The Secure and Responsible Drug Disposal Act of 2009.”
As the Chief legal officer for my great State since 2001, I can say that we have witnessed a serious and dramatic increase in the use and abuse of pharmaceutical drugs in Utah. Fortunately, in partnership and coordination with the U.S. Department of Justice, Drug Enforcement Administration (DEA), and the many valiant State of Utah law enforcement and health care professionals, we recently formed the “Utah Pharmaceutical Drug Crime Project” (UPDCP), pairing local police with federal agents as well as Utah State health professionals, to increase awareness and reduce prescription drug abuse.
In Utah, as throughout the nation, we have witnessed, the alarming growth of prescription drug abuse and seen its treacherous impact on our youth and in our communities. We know that in our state in 2007, 317 people died as a result of prescription overdoses — nearly twice as many deaths as occurred due to overdoses from the traditionally feared street drugs.
I am here to speak loudly on our battle against prescription drug abuse, but also to address the well known yet unmet challenges of unused pharmaceutical drug disposal, a significant problem impacting not only law enforcement but also our country’s public health sector and our environment.
The disposal of unused and unwanted pharmaceuticals is an emerging and complex environmental issue linked to serious health problems. Current regulations prohibit common-sense medication disposal leading to an excess amount of prescribed medicines left unsecured and accessible to youth. This growing epidemic of readily accessible drugs to our youth is causing a rapid growth in prescription drug abuse as well as the peddling of these drugs on the street.
I know that among the most important reasons to address the need for the safe and effective disposal of unused drugs is to prevent the illegal diversion of controlled substances, protect the environment and reduce the costs for patients and payers by eliminating waste. Up to now, our nation’s approach has been less than effective and uncoordinated between State and federal agencies.
Mr. Chairman, thanks to the leadership of Congressman Bart Stupak and Congressman Lamar Smith, we have the chance to address this issue and provide essential federal regulatory drug disposal guidance. HR 1359, offered by these two gentlemen addresses the conflict with shortcomings of our current laws and regulations to allow for the proper and safe disposal of pharmaceuticals. Presently, federal requirements for the disposal of non-controlled prescription medicines, as well as the disposal or return of controlled substances by pharmacists are governed by the Controlled Substances Act (CSA). Under present guidelines, DEA registrants can handle or transfer controlled substances, however patients, hospitals, long term care facilities and other healthcare facilities that possess unused or expired controlled substances cannot return them to pharmacies or reverse distributors. Current federal policy is that long-term care facilities, nursing homes and hospices that are not DEA registrants must dispose of these substances directly, which frequently means flushing them down the toilet or throwing them away in trash.
Mr. Chairman, the core issue here is to ensure that pharmaceuticals are not illegally diverted for potential abuse, as well as to address the well-studied environmental impact on ground and water contamination caused by the improper disposal.
In my State, we have seen……………….
We work closely with our state and local government leaders as well as industry to not only promote and forge a private - public government partnership, but also coordinate directly with the DEA and our team of experts toward enforcement of the law and improved regulations that deal with pharmaceutical drug disposal.
In addition, in Utah, we are studying the effectiveness and viability of a State sponsored, and DEA approved, drug take-back program as an available option for the disposal of unwanted controlled substances. DEA defines take-back programs as “organized collection events designed to reduce the amount of unwanted or unused pharmaceuticals that may pose a risk to public health and safety, may be accessible to diversion, or that otherwise may be disposed of in a manner that does not comply with State or Federal laws or regulations.”
In communities where the disposal of controlled substances cannot occur due to the lack of regulation or guidance to the ultimate user, DEA has recently granted temporary permission to law enforcement agencies who have requested such authorization to accept unused pharmaceuticals for disposal. Presently, it is my understanding from DEA that the only take-back programs for which DEA has granted temporary allowances are those which law enforcement officials directly receive the controlled substance from the ultimate user.
Pursuant to our Utah Pharmaceutical Drug Crime Project initiative, and in coordination with DEA, I firmly believe that the private sector is also well-positioned to provide expert input and program support services to enhance the numerous drug disposal and drug take back programs underway or under consideration throughout the United States. Because this problem cuts across so many public sector institutions without clear issue ownership, a purely government-only solution is not the most viable option. Conversely, since State and local drug disposal programs deal with pharmaceutical drugs regulated by FDA and enforced by DEA, effective disposal options cannot be a purely private sector solution either.
In conclusion, the lack of consistent, workable guidelines has contributed to the growing problem of pharmaceutical drug disposal. The State of Utah is committed to addressing the varied health care and environmental problems that the challenges of drug disposal represent. This is a serious public safety concern of mine and our State. Establishing national drug disposal guidelines that are safe, practical, and environmentally friendly for our consumers and institutions is essential, as well as a good first step toward the prevention of illegal diversion of controlled substances.
On behalf of the State of Utah, I contend that it is time for a comprehensive and coordinated policy by the federal government that is safe, sensible and good for the environment to finally end the policy confusion, and to significantly end the improper disposal of pharmaceutical waste. H.R. 1359 is a necessary and giant step forward toward that important goal.