wa-law.org > bill > 2025-26 > HB 1422 > Original Bill
By July 1st after the first full year of implementation, and each July 1st thereafter, a program operator must submit to the department a report describing implementation of the drug take-back program during the previous calendar year. The report must include:
A list of covered manufacturers participating in the drug take-back program;
The amount, by weight, of covered drugs collected, including the amount by weight from each collection method used;
The following details regarding the program's collection system: A list of collection sites with addresses; the number of mailers provided; locations where mailers were provided, if applicable; dates and locations of collection events held, if applicable; and the transporters and disposal facility or facilities used;
Whether any safety or security problems occurred during collection, transportation, or disposal of covered drugs, and if so, completed and anticipated changes to policies, procedures, or tracking mechanisms to address the problem and improve safety and security;
A description of the public education, outreach, and evaluation activities implemented;
A description of how collected packaging was recycled to the extent feasible;
A summary of the program's goals for collection amounts and public awareness, the degree of success in meeting those goals, and if the program's goals have not been met, an explanation on why the goals were not met;
The program's collection and public awareness goals for the next year. Collection goals must be equal to, or exceed, the reporting year collection goals, and be equal to, or exceed, the lesser of:
Collection goals of the other program operators for the upcoming reporting year;
Actual collections of the other program operators for the reporting year;
The program's annual expenditures, itemized by program category; and
An estimated budget for the next year, itemized by program category. If the estimated budget is less than 80 percent of the reporting period's budget, the report must explain why the lower budget will not result in less statewide access to the program or less weight collected.
Within thirty days after each annual period of operation of an approved drug take-back program, the program operator shall submit an annual collection amount report to the department that provides the total amount, by weight, of covered drugs collected from each collection site during the prior year.
The department shall make reports submitted under this section available to the public through the internet. The department must include a description of the status of these reports, including whether they have been approved by the department under subsection (4) of this section.
The department shall evaluate reports submitted under this section for compliance with this chapter, rules adopted under this chapter, and the program operator's department-approved plan.
The department shall either approve reports or request revisions to bring them into compliance with applicable law or the program operator's department-approved plan. Revisions may include, but are not limited to, requests to add an explanation for any discrepancies between collected weight reported in collection reports and weight collected at kiosks reported in annual reports.
Program operators must submit any requested revisions to the department within 30 days. The department may initiate enforcement action as authorized in RCW 69.48.110 if the revisions submitted by the program operator do not comply with the applicable law or the program operator's department-approved plan.
The department may audit or inspect the activities and records of a drug take-back program to determine compliance with this chapter, rules adopted under this chapter, or investigate a complaint. Drug take-back programs must fully cooperate with the department during an audit, inspection, or investigation.
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b.
In accordance with RCW 43.70.095, the department may assess a civil fine of up to $2,000 if, 60 days after receipt of the notice, the covered manufacturer continues to sell a covered drug in, or into, the state without participating in a drug take-back program approved under this chapter. Each day upon which a violation occurs, or is permitted to continue, constitutes a separate violation.
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The department shall send a written notice to a drug wholesaler or a retail pharmacy that fails to provide a list of drug manufacturers to the department as required by RCW 69.48.040. The notice must provide a warning regarding the department's authority to assess a civil fine for violation of this chapter.
In accordance with RCW 43.70.095, the department may assess a civil fine of up to $2,000 if, 60 days after receipt of the notice, the drug wholesaler or retail pharmacy fails to provide a list of drug manufacturers.
Each day upon which a violation occurs, or is permitted to continue, constitutes a separate violation.
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Except as provided in subsection (5) of this section, the department may send a program operator and participating covered manufacturers a written notice warning of the department's authority, including civil fine authority, if it determines that the program operator's drug take-back program is in violation of this chapter, rules adopted under this chapter, or violates the proposal approved by the department.
If the program operator's drug take-back program does not come into compliance within 30 days after receipt of the written notice warning, the department may do one, or a combination of the following actions:
; or
ii. Suspend, restrict, or impose reasonable conditions on the approval of a program operator's drug take-back program.
If the department determines that a program operator's drug take-back program is in violation of this chapter, the rules adopted under this chapter, or violates the proposal approved by the department, and the violation creates a condition that, in the judgment of the department, constitutes an immediate hazard to the public or the environment, the department may:
Immediately suspend operation of a drug take-back program; and
In accordance with RCW 43.70.095, assess a civil fine of up to $2,000. Each day upon which a violation occurs, or is permitted to continue, constitutes a separate violation.
Except as otherwise provided, RCW 43.70.115 governs notice of actions taken by the department under this section and provides the right to an adjudicative proceeding. Adjudicative proceedings and hearings are governed by the administrative procedure act, chapter 34.05 RCW. The application for an adjudicative proceeding must be in writing, state the basis for contesting the adverse action, include a copy of the department's notice, be served on and received by the department within 28 days of the person's receipt of the adverse notice, and be served in a manner that shows proof of receipt.
In determining the appropriate amount of the civil fine to assess under subsections (2), (3), (4), and (5) of this section, the department shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the entity in violation.
In enforcing the requirements of this chapter, the department may:
Require an informal administrative conference;
Require a person or entity to engage in or refrain from engaging in certain activities pertaining to this chapter; and
Not prohibit a covered manufacturer from selling a drug in or into the state of Washington.
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b.
The annual operating fee set by the department shall be evenly split amongst each approved program operator.
c. The department shall collect annual operating fees from each program operator by October 1, 2019, and annually thereafter.
The secure drug take-back program account is created in the state treasury. All receipts received by the department under this chapter must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department only for administering and enforcing this chapter, except that civil fines and payments made under section 5 of this act that are deposited into this account may also be used by the department to support department programs that:
Further the legislative findings in RCW 69.48.010;
Prevent opioid and other drug misuse;
Identify and treat drug misuse and stimulant use disorder;
Ensure and improve the health and wellness of people who use opioids and other drugs;
Use data and information to detect opioid misuse or abuse, monitor illness, injury, and death, and evaluate interventions; and
Support individuals in recovery.
Program operators' drug take-back programs must meet all the requirements of this chapter, rules adopted under this chapter, and any department-approved plan, independent of any other drug take-back programs. Program operators must each successfully implement their drug take-back program each year.
For each program operator, the weight of covered drugs, in pounds, collected by a drug take-back program should be roughly equivalent to the weight of covered drugs, in pounds, collected by the other program operators as reported in the respective program operators' most recent annual report required by RCW 69.48.100.
For each individual program operator, the weight of covered drugs, in pounds, collected by the drug take-back program should be equal to or greater than the weight of covered drugs collected by that program operator as reported in the program operator's most recent annual report required by RCW 69.48.100.
Upon evaluation of a program operator's annual program report required by RCW 69.48.100, the department, in accordance with RCW 43.70.095, may calculate and assess civil fines against the program operator based on the following:
If the weight, in pounds, of covered drugs collected by a drug take-back program is less than 80 percent of the highest weight, in pounds, of covered drugs collected by another program operator, as reported on the annual program report for the same year, then the department will determine the civil fine to be assessed by:
Calculating the difference in pounds between the program operator and the highest amount collected by a program operator, as reported on the program operator's annual report; and
Then multiply the difference in collection weight, in pounds, by the average collection cost per pound of all program operators combined. The average collection cost per pound of all program operators combined must be determined by reference to the program operators' annual reports.
If the weight, in pounds, of covered drugs collected by a drug take-back program as reported on the annual program report is less than 90 percent of the collection weight goal established by the program operator in the previous year's annual program report, then the department must determine the civil fine to be assessed by:
Calculating the difference in pounds between the program operator's collection weight for the reporting period and the goal collection weight for the reporting period listed in the previous year's annual program report; and
Multiplying the difference in collection weight, in pounds, by the average collection cost per pound of all program operators combined. The average collection cost per pound of all program operators combined must be determined by reference to the program operators' annual reports.
For the purposes of this section, "roughly equivalent" means that the weight, in pounds, of covered drugs collected by a drug take-back program, as reported in the program's annual program report, is at least 80 percent or more of the heaviest weight, in pounds, of covered drugs collected by any program operator as reported in that program's annual program report.
Any civil fines paid by a program operator under subsection (4) of this section must be considered part of the drug take-back program's overall costs, and be included as an independent expenditure category in the annual report required by RCW 69.48.100(1).
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective January 1, 2030:
RCW 69.48.010 and 2021 c 155 s 1 & 2018 c 196 s 1;
RCW 69.48.020 and 2018 c 196 s 2;
RCW 69.48.030 and 2018 c 196 s 3;
RCW 69.48.040 and 2018 c 196 s 4;
RCW 69.48.050 and 2021 c 155 s 3 & 2018 c 196 s 5;
RCW 69.48.060 and 2021 c 65 s 642 & 2018 c 196 s 6;
RCW 69.48.070 and 2021 c 155 s 4 & 2018 c 196 s 7;
RCW 69.48.080 and 2018 c 196 s 8;
RCW 69.48.090 and 2018 c 196 s 9;
RCW 69.48.100 and 2025 c ... s 1 (section 1 of this act) & 2018 c 196 s 10;
RCW 69.48.110 and 2025 c ... s 2 (section 2 of this act) & 2018 c 196 s 11;
RCW 69.48.120 and 2025 c ... s 3 (section 3 of this act), 2021 c 155 s 5, & 2018 c 196 s 12;
RCW 69.48.130 and 2025 c ... s 4 (section 4 of this act) & 2018 c 196 s 13;
RCW 69.48.140 and 2018 c 196 s 14;
RCW 69.48.150 and 2018 c 196 s 15;
RCW 69.48.160 and 2018 c 196 s 16;
RCW 69.48.170 and 2018 c 196 s 17;
RCW 69.48.180 and 2018 c 196 s 18;
RCW 69.48.190 and 2018 c 196 s 19;
RCW 69.48.200 and 2018 c 196 s 20; and
RCW 69.48.--- and 2025 c ... s 5 (section 5 of this act).