[Chapter 94H effective until December 31, 2026. Repealed by 2016, 52, Sec. 55 as amended by 2016, 351, Sec. 6. See 2016, 52, Sec. 77 as amended by 2021, 102, Sec. 45.]

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[Text of section effective until December 31, 2026. Repealed by 2016, 52, Sec. 55 as amended by 2016, 351, Sec. 6. See 2016, 52, Sec. 77 as amended by 2021, 102, Sec. 45.]

Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

”Covered drug”, any brand name or generic opioid drug placed in Schedule II or Schedule III of section 3 of chapter 94C; provided, however, that ”covered drug” shall also include benzodiazepines; provided, further, that ”covered drug” shall not include: (i) drugs intended for use solely in veterinary care; (ii) substances that are regulated as cosmetic products under the United States Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq.; (iii) drugs that are compounded under a specialty license pursuant to sections 39G to 39J, inclusive, of chapter 112; (iv) hypodermic needles, lancets or other sharps products subject to collection and disposal procedures established in section 27A of chapter 94C; or (v) drugs approved and used primarily for medication-assisted substance use disorder treatment.

”Department”, the department of public health.

”Drug stewardship program”, a program financed by a pharmaceutical product manufacturer or a group of manufacturers to collect, secure, transport and safely dispose of unwanted drugs.

”Pharmaceutical product manufacturer” or ”manufacturer”, an entity that manufactures a controlled substance under a United States Food and Drug Administration manufacturer’s license, except for an institutional pharmacy, as defined in section 39D of chapter 112 or a wholesaler.

”Prescription drug”, any drug product which may be dispensed pursuant to chapter 94C under a written prescription by an authorized prescriber.

”Stewardship organization”, an organization designated by a manufacturer or a group of manufacturers to act as an agent on behalf of the manufacturer or the group of manufacturers to implement and operate a drug stewardship program.

”Unwanted drug”, a covered drug: (i) that is no longer wanted or intended to be consumed, or that is abandoned, discarded, expired or surrendered by the person to whom it was prescribed; or (ii) voluntarily deposited at collection points co-located with a law enforcement agency; provided, however, that ”unwanted drug” shall not include: (A) waste or unused drug products from a pharmacy, hospital or health clinic or other commercial sources that the department may determine by regulation to be a nonresidential source; or (B) drug products seized by law enforcement officers in the course of their law enforcement duties.

”Wholesaler”, an entity licensed pursuant to section 36B of chapter 112.