[Second Reprint]

SENATE, No. 81

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

 

Co-Sponsored by:

Senators Weinberg, Gordon, Greenstein, Beach and Stack

 

 

 

 

SYNOPSIS

     Prohibits health care institutions from discharging prescription medications into sewer or septic systems.

 

CURRENT VERSION OF TEXT

     As amended by the Senate on February 13, 2012.

  


An Act concerning health care institutions and unused 2prescription2 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.    As used in this act:

     “Health care institution” means 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.

     “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.

 

     2.    1a.1  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.

     1b.   Nothing in this act shall be construed to limit or prohibit a health care institution from lawfully discharging, disposing of, flushing, pouring, or emptying into a public wastewater collection system or a septic system any non-prescription medication or an intravenous solution containing only dextrose, saline, sterile water, or electrolytes, or a combination thereof.1  

 

     3.    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 2at a health care institution2 .

     b.    Within 120 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 subsection a. of this section.

 

     4.    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.

 

     25.   a.  Notwithstanding the provisions of section 10 of P.L.1977, c.74 (C.58:10A-10) and section 6 of P.L.1990, c.28 (C.58:10A-10.1), or any rule or regulation adopted pursuant thereto, only the penalties set forth in this section shall be imposed for any violation of this act.

     b.    (1) Except as otherwise provided in paragraph (2) of this subsection, a health care institution, or any employee, staff person, contractor, or other person under the direction or supervision of the health care institution, who violates a provision of this act shall be subject to a civil administrative penalty of not more than $1,000 in the case of a first violation, and of not more than $2,500 for each subsequent violation.

     (2)   A health care institution that fails to comply with the provisions of subsection b. of section 3 of this act shall be subject to a civil administrative penalty of $1,000, and an additional $1,000 per day thereafter for which the health care institution fails to submit the plan required pursuant to subsection b. of section 3 of this act.

     c.     A civil administrative penalty assessed pursuant to this section shall be assessed, collected, and enforced in the same manner as provided for civil administrative penalties pursuant to subsection d. of section 10 of P.L.1977, c.74 (C.58:10A-10).2

 

     2[5.] 6.2  This act shall take effect immediately, except that sections 2 2, 4,2 and 2[4] 52 shall take effect on the 1[180th] 210th1 day after the date of enactment.