12 Staff Report - Disposal Program for Unwanted Prescription MedicationsH Ofi MEETING DATE: 11/2/09
ITEM NO. I
cos°~~~oS COUNCIL AGENDA REPORT
DATE: OCTOBER 12, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: UPDATE ON DISPOSAL PROGRAM FOR UNWANTED PRESCRIPTION
MEDICATIONS ("TAKE-BACK PROGRAM")
RECOMMENDATION
Approve staff report on disposal program for unwanted prescription medications ("Take-Back
Program").
BACKGROUND
Consumers have unused medicines in their homes for a variety of reasons. These medicines can pose
risks and, if not disposed of properly, can contribute to the contamination of the water supply and can
result in accidental poisoning and drug abuse. Consumers were previously advised to dispose of drugs by
throwing them in the garbage or flushing them down the toilet or sink. As an alternative to disposing of
these medications at home, various Take-Back Programs are appearing in many states throughout the
country. The purpose of this memo is to outline important considerations and options in regard to
establishing a Take-Back Program specific to Los Gatos.
DISCUSSION
The White House Office of National Drug Control Policy provides consumer guidance for the proper
disposal of prescription drugs. The policy advises consumers to "...Call your city or county
government's household trash and recycling service and ask if a drug take-back program is available in
your community." There are two basic models for Take-Back Programs:
1) Take-Back Programs that do not accept controlled substances: These programs do not require
law enforcement oversight and medications are sent to a general incineration facility. Ideally,
these Take-Back Programs are located at drug stores or pharmacies where staff is trained to
identify and reject controlled substances before the items are deposited.
2) Take-Back Programs that accept controlled substances: To accept controlled substances, trained
law enforcement personnel are required to collect, sort, document, transport and dispose of the
controlled substances in accordance with Drug Enforcement Administration (DEA) regulations.
The medications are sent to a specially controlled incineration facility according to DEA
protocols. Government-sponsored Take-Back Programs typically fall in this category.
PREPARED BY: SCOTT R. SEAMAN, CHIbF OF POLI
Reviewed by: Assistant Town Manager_ Town Attorney
Clerk Admimstraton Finance Community Development
U:emergencymanagement\council ptPrescriptionmed\.doc
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: UPDATE ON DISPOSAL PROGRAM FOR UNWANTED PRESCRIPTION
MEDICATIONS ("TAKE-BACK PROGRAM")
DATE: November 2, 2009
Controlled Substances: Take-Back Programs operated by pharmacies, drug stores and other retailers
allow consumers to dispose of prescription medicines as long as the medicines are not controlled
substances. The list of controlled substances is exhaustive and not easily understood or identified by the
general public. Controlled substances, such as narcotics, are prescribed drugs with a high potential for
abuse. Examples of controlled substances are amphetamines, Valium, Ritalin, morphine, methadone and
oxycodone.
Controlled substances are carefully regulated by the DEA to assure security and to prevent theft and
illegal diversion. Once a controlled substance has been prescribed to a patient, current regulations allow
only the patient or law enforcement to legally have custody of the drug. In addition to the chain of
custody requirements, controlled substances:
cannot be co-mingled with non-controlled substances;
must be incinerated only at specialized locations; and
destruction must be observed by a police officer.
These requirements add to the cost and logistical challenges for implementing a DEA-compliant program.
Overwhelming Demand: Once a program is announced to the public, the sponsoring agency must be
prepared for an unknown level of response. A local retailer in downtown Los Gatos provided a Take-
Back Program earlier this year for general, non-controlled substances. The retailer has since discontinued
the program due to the cost and time involved in identifying and rejecting controlled substances.
As for government-sponsored programs, Sunnyvale's Department of Public Safety received 400 pounds
of pharmaceuticals at the start of their program (6 months) and the Sheriff's Department acquired 1,260
pounds of pharmaceuticals in eight weeks. It was necessary for those law enforcement agencies to sort
the medications, identify the controlled substances, then document, transport and dispose of the products
to separate facilities that handle controlled and non-controlled substances. A third sort and handling
method was required for deposited "Sharps," which are needles such as those used for insulin shots.
Unfunded Programs: Cities and counties are struggling to implement appropriate and sustainable Take-
Back Programs that allow the disposal of controlled substances. To address the issue of funding and
sustainability of Take-Back Programs, the National Association of Counties adopted a resolution in July
2009 to support a policy that does not rely on state and local government funding, but rather on product
manufacturers to cover the costs. The premise is that product manufacturers reap profits from the
products and thus have a responsibility at the end of the product's life-cycle. Likewise, the State of
Washington passed legislation earlier this year for a "product stewardship program" funded by the
pharmaceutical manufacturers and distributors. In the absence of such funding, cities and counties in
California have used grants, in-kind donations of staff time and materials, or have redirected resources
from other law enforcement activities to cover the costs.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: UPDATE ON DISPOSAL PROGRAM FOR UNWANTED PRESCRIPTION
MEDICATIONS ("TAKE-BACK PROGRAM")
DATE: November 2, 2009
Resources Required for Sponsoring a Take-Back Program: There are currently ten Take-Back
Program locations in Santa Clara County (see attachment A.) Departments such as Los Altos, Sunnyvale
and Santa Clara are providing Take-Back programs by dedicating staff time from Investigations, Property
and Evidence, or Patrol. Since Los Gatos does not currently have the capacity to absorb these duties, it
would be necessary to divert resources from other priorities to support such a program.
If Los Gatos were to develop and implement a Take Back Program on its own, start-up activities would
include additional research, preparing a letter of intent to the DEA, writing departmental procedures and
providing information to the community. After the start-up, it is estimated that approximately 8 hours per
week would be required on an ongoing basis to collect, identify and inventory the medications, and to
transport the controlled substances to the closest incineration facility in Crow's Landing and to observe
the destruction.
The establishment of a Take Back Program by police departments is currently being discussed within the
County Police Chief's Association, although no specific actions have been taken or direction given.
Because the resource demands for a Los Gatos only program would be significant, staff recommends no
action at this time beyond continued work toward a shared program with another entity such as the
Sheriff's Department.
CONCLUSION:
The Police Department understands the value that a Take-Back Program would provide to the community
and supports the effort to reduce environmental contamination and illegal diversion of prescription
medication. As such, staff will continue to explore the feasibility of sponsoring or co-sponsoring a Take-
Back Program specific to Los Gatos. Staff is currently exploring options to minimize the use of
Department resources, such as a partnership with the County Sheriff or another Police Department with a
pre-established program. Should a viable and cost-effective method be identified, staff will report its
findings and include any budget or operational impacts.
Attachment:
A. Take-Back Program Drop-Off Locations in Santa Clara County (as of September 2009)
Drop-off Locations for
m
1. Valley Health Center at Gilroy Pharmacy
Used/Unused/Expired Medications
Located in the front lobby near the security desk
7475 Camino Arroyo, Gilroy, CA 95020 (Cross street- 6`" Street)
Operating hours: Mon - Tours 8:00 am- 9:00 pin/ Fri 9:00 am-5:00 pin/ Sat 8:30 am- 12.30 pin
2. Valley Health Center at Bascom Pharmacy
Located in the pharmacy
750 S. Bascom Avenue, Ste # 120, San Jose, CA 95128 (Cross street- Renova Dr.)
Operating hours: Mon - Fri 9:00 am- 8:00 pm
Sat -Sun 9:00 am -5:30 pm (Closed from 12:30 -1:30)
3. Outpatient Pharmacy
Located in the Valley Specialty Bldg, near the pharmacy
751 S. Bascom Avenue, San Jose, CA 95128 (Cross Street- Renova Dr.)
Operating hours: Mon- Sun 9:00 am-10:00 pm
4. Enborg Lane Pharmacy
Located on left-hand side of the Central Mental Health Bldg
2221 Enborg Lane, San Jose, CA 95128 (Cross street- Bascom Ave)
Operating hours: Monday-Friday 8:00 am - 5:00 pm
5. Valley Health Center at Moorpark Pharmacy
Located near the pharmacy
2400 Moorpark Avenue, San Jose, CA 95128 (Cross street- Bascom Ave)
Operating hours: Monday-Friday 9:00 am - 8:00 pm
6. Valley Health Center at East Valley Pharmacy
Located near the pharmacy pick-up window
1993 McKee Rd. San Jose, CA 95116 (Cross street- Ludlow Way)
Operating hours: Monday-Friday 9:00 am- 9:30 pm
Sat- Sun 9:00 am- 5:00pm (Closed from 12:30 pm-1:30 pm)
ATTACHMENT A
7. Valley Health Center at Silver Creek Pharmacy
(Valley Health Center is located in the Silver Creek Market Place Plaza)
Located in the pharmacy
1620 E. Capitol Expressway, San Jose, CA 95121 (Cross street-Silver Creek Rd)
Operating hours: Monday -Friday 9.00 am -5:00 pm (Closed from 12:30 pm-1:30 pm)
8. Valley Health Center at Tully Pharmacy
Located near the pharmacy
500 Tully Rd. San Jose, CA 95111 (Cross street-Conde Terra Circle)
Operating hours: Monday- Friday 9:00 am- 9:00 pm/ Sat 8:00 am-5:00 pm
9. Valley Health Center at Sunnyvale
Located in the pharmacy
660 South Fair Oaks Avenue, Sunnyvale, CA 94086 (Cross street-Garland Ave)
Operating hours: Mon- Thurs 8:30 am- 9:00 pm/ Fri 8:30 am- 5:00 pm
Sat 9:00 am- 1:00 pm
10. Valley Health Center at Lenzen Pharmacy
Located near the pharmacy
976 Lenzen Avenue, Ste 1400 San Jose, CA 95126 (Cross street-The Alameda)
Operating hours: Monday 8:00 am-9:00 pm/ Tues- Friday 8:00 am-5:30 pm
11. Office of the Sheriff
55 West Younger Avenue, San Jose, CA 95110 (Cross street-N. 1" Street)
(800) 211-2220/ (408) 808-4405
12. West Valley Patrol Sub-Station
1601 S. De Anza Blvd, Cupertino, CA 95014 (Cross street- Duckett Way)
(408) 868-6600
13. South County Sub-Station
80 W. Highland Avenue Bldg K, San Martin, CA 95046 (Cross street- Monterey Rd.)
(408) 686-3650