Section 9.5. Collection and Disposal of Drugs by
Pharmacies.--(a) A licensed pharmacy may collect a legend drug
from an ultimate user, or from a long-term care facility on
behalf of an ultimate user who resides or resided at the long-
term care facility, for the purpose of disposing of the legend
drug as pharmaceutical waste, provided that:
(1) A pharmacy may collect and dispose of controlled
substances listed in Schedules II through V of the act of April
14, 1972 (P.L.233, No.64), known as "The Controlled Substance,
Drug, Device and Cosmetic Act," as allowed under subsection (b).
(2) A pharmacy that has established a controlled substance
disposal program under subsection (b) may also collect and
dispose of noncontrolled substance legend and nonlegend drugs,
but only in the same manner in which it collects and disposes of
controlled substances.
(b) Controlled substances listed in Schedules II through V
of the "The Controlled Substance, Drug, Device and Cosmetic Act"
may be collected and disposed of only under the provisions of 21
CFR Pts. 1300 (relating to definitions), 1301 (relating to
registration of manufacturers, distributors, and dispensers of
controlled substances), 1304 (relating to records and reports of
registrants), 1305 (relating to orders for Schedule I and II
controlled substances), 1307 (relating to miscellaneous) and
1317 (relating to disposal) that are applicable to the disposal
of controlled substances. Disposal of controlled substances and
legend and nonlegend drugs must also comply with Federal and
State requirements regarding hazardous waste.
Section 3. This act shall take effect in 60 days.
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