(A) Law enforcement agencies may operate
a drug collection receptacle if all the following apply:
(1) The receptacle is
located inside the premises of the law enforcement agency.
(2) The receptacle is
placed in a location that is accessible to the public during posted
hours.
(3) The receptacle is
placed within reasonable view of law enforcement personnel or under continuous
video surveillance.
(4) The receptacle is
securely fastened to a permanent structure so that it cannot be removed and
must be locked to prevent the unauthorized retrieval of its
contents.
(5) The receptacle is
clearly marked indicating the following information:
(a) No needles, syringes, or lancets shall be placed in the
receptacle.
(b) No iodine-containing medications, mercury-containing
thermometers, radiopharmaceuticals, antineoplastic agents (cancer chemotherapy
drugs, cytotoxic drugs), and compressed cylinders or aerosols (e.g., asthma
inhalers) shall be placed in the receptacle.
(6) If a law enforcement
agency chooses to limit the types of drugs that are acceptable for return, such
limitations shall be clearly stated on or near the drug collection
receptacle.
(7) The law enforcement
agency shall check the drug collection receptacle regularly and remove deposits
to prevent the receptacle from reaching capacity.
(8) The law enforcement
agency shall maintain the confidentiality of the ultimate user disposing of the
drugs pursuant to all applicable state and federal laws, rules, and
regulations.
(9) The drugs collected
shall be stored in a manner that prevents the diversion of controlled
substances and is consistent with the agency's standard procedures for
storing illicit controlled substances collected as evidence.
(10) The law enforcement
agency shall maintain custody and control of the contents deposited in the drug
collection receptacle until the drugs are destroyed pursuant to rule
4729:10-1-04 of the Administrative Code.
(11) The law enforcement
agency shall maintain any records of removal, storage, and destruction of the
drugs collected in a manner that is consistent with the agency's record
keeping requirements for illicit controlled substances collected as
evidence.
(B) Law enforcement agencies may conduct
a mail-back program if all the following apply:
(1) Packages are made
available (for sale or for free) for the collection of pharmaceutical drugs by
common or contract carrier.
(2) The packages made
available meet the following specifications:
(a) The package must be nondescript and shall not include
any markings or other information that might indicate that the package contains
pharmaceutical drugs.
(b) The package must be water- and spill-proof,
tamper-evident, tear-resistant, and sealable.
(c) The package must be preaddressed with and delivered to
the participating law enforcement's physical address.
(d) The cost of shipping the package shall be postage
paid.
(e) The package must include instructions for the user that
indicate the process for mailing back the package, the substances that can be
sent, notice that packages may only be mailed from within the customs territory
of the United States (the fifty states, the District of Columbia, and Puerto
Rico), and notice that only packages provided by the collector will be accepted
for destruction.
(f) The instructions for the package shall indicate the
following information:
No medical sharps and needles (e.g., insulin
syringes), iodine-containing medications, mercury-containing thermometers,
radiopharmaceuticals, antineoplastic agents (cancer chemotherapy drugs,
cytotoxic drugs), and compressed cylinders or aerosols (e.g., asthma inhalers)
shall be placed in the package.
(g) If a law enforcement agency chooses to limit the types
of drugs that are acceptable for return, such limitations shall be clearly
stated on the package instructions.
(3) The law enforcement
agency shall maintain custody and control of the sealed packages until the
packages are destroyed pursuant to rule 4729:10-1-04 of the Administrative
Code.
(4) The law enforcement
agency shall maintain the confidentiality of the ultimate user disposing of the
drugs pursuant to all applicable state and federal laws, rules, and
regulations.
(5) The sealed mail-back
packages shall be stored in a manner that prevents the diversion of controlled
substances and is consistent with the agency's standard procedures for
storing illicit controlled substances collected as evidence.
(6) The law enforcement
agency shall maintain any records of removal, storage, and destruction of the
drugs collected in a manner that is consistent with the agency's record
keeping requirements for illicit controlled substances collected as
evidence.
(C) Law enforcement agencies may operate
a take-back event if all the following apply:
(1) A law enforcement
agency shall appoint a law enforcement officer employed by the agency to
oversee the collection. Law enforcement officers employed and authorized by the
law enforcement agency or law enforcement component of a federal agency
conducting a take-back event shall maintain control and custody of the
collected drugs from the time the drugs are collected from the ultimate user
until secure transfer, storage, or destruction of the drugs has
occurred.
(2) Each take-back event
shall have at least one receptacle for the collection of drugs. The collection
receptacle should be a securely locked, substantially constructed container
with an outer container and a removable inner liner.
(3) Ultimate users
disposing of unused or expired drugs shall place them directly into the drug
collection receptacle or hand them directly to a law enforcement
officer.
(4) No needles, syringes
or lancets shall be collected unless a bulk sharps disposal container is
provided at each take-back event for the disposal of sharps.
(5) No iodine-containing
medications, mercury-containing thermometers, radiopharmaceuticals,
antineoplastic agents (e.g., cancer chemotherapy drugs, cytotoxic drugs),
compressed cylinders or aerosols (e.g., asthma inhalers) shall be
collected.
(6) At the conclusion of
the collection event, the drugs shall be removed from the event location and
either:
(a) Stored in a manner that prevents the diversion of the
collected drugs and is consistent with the agency's standard procedures
for storing illicit controlled substances collected as evidence;
or
(b) Destroyed pursuant to rule 4729:10-1-04 of the
Administrative Code.
(7) The law enforcement
agency shall maintain any records of removal, storage, and destruction of the
drugs collected in a manner that is consistent with the agency's record
keeping requirements for illicit controlled substances collected as
evidence.
(D) The law enforcement agency shall
ensure that the confidentiality of the ultimate user is maintained pursuant to
applicable state and federal laws, rules, and regulations.
