Ohio Administrative Code
Title 4729:10 - Prescription Drugs
Chapter 4729:10-1 - Drug Collection Receptacle
Section 4729:10-1-03 - Law enforcement agencies
Universal Citation: OH Admin Code 4729:10-1-03
Current through all regulations passed and filed through September 16, 2024
(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.
Replaces: 4729-8-03
Effective: 8/1/2019
Five Year Review
(FYR) Dates: 08/01/2024
Promulgated Under:
119.03
Statutory
Authority: 4729.26,
4729.69,
3719.28
Rule
Amplifies: 4729.01,
4729.51
Prior
Effective Dates: 03/23/2015
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