SENATE, No. 246
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Morris and Somerset)
Senator ANDREW R. CIESLA
District 10 (Monmouth and Ocean)
Senators Weinberg, Gordon, Greenstein, Beach and Stack
Prohibits health care institutions from discharging medications into sewer or septic systems.
CURRENT VERSION OF TEXT
As amended by the Senate on April 28, 2011.
An Act concerning health care institutions and unused medications, and supplementing P.L.1977, c.74 (C.58:10A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 1[a. No health care institution, or any employee, staff person, contractor, or other person under the direction or supervision of the health care institution, may discharge, dispose of, flush, pour, or empty any unused medication into a public wastewater collection system or a septic system.
b.]1 As used in this 1[section] act1 :
“Health care institution” means 1[any public or private institution, facility, or agency licensed, certified, or otherwise authorized by State law to administer health care in the ordinary course of business, including hospitals, nursing homes, residential health care facilities, home health care agencies, hospice programs operating in this State, institutions, facilities or agencies that provide services to persons with mental health illnesses, or institutions, facilities and agencies that provide services for persons with developmental disabilities; and] a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), a psychiatric facility as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2), or a State developmental center listed in R.S.30:1-7.1
“Public wastewater collection system” means any collection system regulated by the Department of Environmental Protection pursuant to the “Water Pollution Control Act,” P.L.1977, c.74 (C.58:10A-1 et seq.), and which system consists of structures which, operating alone or with other structures, result in the collection and conveyance or transmission of wastewater from private, commercial, institutional, or industrial sources, to public wastewater treatment systems for subsequent treatment.
12. No health care institution, or any employee, staff person, contractor, or other person under the direction or supervision of the health care institution, may discharge, dispose of, flush, pour, or empty any unused prescription medication into a public wastewater collection system or a septic system.1
13. a. Within 90 days after the date of enactment of this act, the Department of Environmental Protection shall issue recommendations for the proper disposal of unused prescription medications.
b. Within 2 1202 days after the date of enactment of this act, each health care institution shall submit a plan to the Department of Health and Senior Services and the Department of Environmental Protection for the disposal of unused prescription medications. The plan shall describe in detail how the health care institution will properly dispose of any unused prescription medications.
c. (1) The Department of Health and Senior Services, in consultation with the Department of Environmental Protection, shall, within 90 days of receipt of a submitted plan, review the plan and approve or reject it. If the department rejects the plan, the health care institution shall revise and resubmit the plan for approval within 30 days after receiving notice that the plan was rejected by the department.
(2) The Department of Health and Senior Services shall not reject a plan submitted pursuant to subsection b. of this section if that plan is in compliance with the recommendations issued by the Department of Environmental Protection pursuant to 2[paragraph (1) of this]2 subsection 2a. of this section2.1
14. The Department of Health and Senior Services shall, in conjunction with its periodic inspection of a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), ensure that the health care facility is in compliance with its plan for the proper disposal of unused prescription medications submitted pursuant to section 3 of this act.1
1[2.] 5.1 This act shall take effect 1[on the 90th] immediately, except that sections 2 and 4 shall take effect on the 180th1 day after the date of enactment.