State Regulations for Consumer Medication Collection
|1776.1 e||Pharmacy name and phone # must be on the receptacle.|
|1776.1 f||No samples given by a practitioner (it must have been prescribed)|
|1776.1 g||Only accept products from consumers. No products from any other entity, including the pharmacy’s stock|
|1776.1 h||Cannot employ anyone convicted of a felony related to controlled substances, or anyone who has had a DEA permit denied, surrendered or revoked.|
|1776.1 i-i1||Must notify the board in writing within 30 days of beginning to maintain and ceasing to maintain a collection receptacle. Download the notification form here.|
|1776.19 i2||Any pharmacy maintaining a collection receptacle shall disclose to the board that it provides such services annually at the time of renewal of the pharmacy license, and shall identify all locations where its collection receptacles are located.|
|1776.1 i3-i4||Any tampering with a collection receptacle, liner or theft of deposited drugs shall be reported to the board in writing within 14 days.|
|1776.1 l||A pharmacy shall not provide take-back services to consumers if the pharmacy or the pharmacist-in-charge is on probation with the board, and, if the pharmacy had previously provided take-back services, the pharmacist-in-charge shall notify the board and the DEA|
|1776.3 d||During hours when the pharmacy is closed The pharmacy shall lock the deposit opening on the collection receptacle.|
|1776.3 f||A liner as used in this article shall be made of material that is certified by the manufacturer to meet the American Society for Testing Materials (ASTM) D1709 standard test for impact resistance of 165 grams (drop dart test), and the ASTM D1922 standards for tear resistance of 480 grams in both parallel and perpendicular planes. (ours meet or exceed those standards)|
|1776.3 j||Liners and their rigid containers that have been filled and removed from a collection receptacle must be stored in a secured, locked location in the pharmacy no longer than 14 days.|
|1776.6||Records must be maintained for 3 years.|
|Applicable to Nursing Facilities Only|
|1776.4 b||Only pharmacies and hospitals/clinics with onsite pharmacies may establish collection receptacles in skilled nursing facilities for the collection and ultimate disposal of unwanted prescription drugs.|
|1776.d||Within three business days after the permanent discontinuation of use of a medication by a prescriber, as a result of the resident’s transfer to another facility or as a result of death, the skilled nursing facility may place the patient’s unneeded prescription drugs into a collection receptacle. Records of such deposit shall be made in the patient’s records, with the name and signature of the employee discarding the drugs.|
No additional regulations.
To collect unwanted or unused drugs in Maryland, a pharmacy must be part of Maryland’s prescription drug repository program. Regulations surrounding the program can be found at Code of Maryland Regulations (COMAR) 10.34.33.01–.07. Under the program, pharmacies may elect to either participate in a donation program or a disposal program. The requirements for the two types of repositories differ. For general requirements for all repositories, please see COMAR 10.34.33.06. Requirements specific to disposal sites can be found at COMAR 10.34.33.07, and requirements specific to donation sites are located at COMAR 10.34.33.05. To review these regulations for free online, please visit this site. When you arrive, type 10.34.33 into the search bar and press enter to bring up the regulations referenced above.
- Prior to collecting drugs, an authorized collector shall submit in writing to the board:
- The name, address, and license number, if applicable, of the facility;
- The intended method or methods of collection (i.e. collection receptacle or mail-back program); and
- Signature of PIC or medical director of a narcotic treatment program.
- If an authorized collector chooses to cease acting as a collector, the PIC or medical director shall notify the board within 30 days.
- A narcotic treatment program that does not have an in-house pharmacy shall obtain a controlled substance registration.