(1) The system by which a program operator collects covered drugs under a drug take-back program must be safe and secure to use on an ongoing basis.

(2) For purposes of a drug take-back program:

(a) A drop-off site must be available for use during the normal business hours of the authorized collector;

(b) A drop-off site must use a secure repository in compliance with all state laws and rules and federal laws and regulations governing the keeping of covered drugs in repositories, as identified by the State Board of Pharmacy by rule;

(c) The program operator must:

(A) Ensure that each secure repository is serviced as often as necessary to avoid reaching capacity;

(B) Ensure that collected covered drugs are transported to a location described in ORS § 459A.224 in a timely manner; and

(C) Provide a method for the authorized collector to notify the program operator of the need for additional collections at the drop-off site;

(d) A sign must be affixed to the secure repository used at a drop-off site that prominently displays a toll-free telephone number and a website address that a covered entity may use to provide feedback to the program operator about the drug take-back program;

(e) Except as provided in paragraph (f) of this subsection, a drop-off site must accept all covered drugs from covered entities; and

(f) If a drop-off site is located at a long-term care facility, as defined in ORS § 442.015, and allowed under applicable federal regulations, only individuals who reside, or have resided, at the long-term care facility may use the drop-off site.

(3) A drug take-back program that is unable to establish and maintain a sufficient number of drop-off sites in order to meet the requirements of the plan submitted under ORS § 459A.209 shall provide additional services, such as mail-back services, and hold collection events to ensure the convenient service described in the plan submitted under ORS § 459A.209, subject to approval by the Department of Environmental Quality. [2019 c.659 § 7]

See note under 459A.200.