Information for Hospitals, Pharmacies and Other Businesses that Have Medicines to Dispose

On this page: 

• Take-backs are for Individuals 
• Healthcare Facilities Must Comply with the Resource Conservation and Recovery Act 
• Long-term Care Facilities 

Take-backs are for Individuals

Hospitals, pharmacies, and other businesses generating pharmaceutical waste cannot use take-back programs or events or mail-back envelopes to dispose of their pharmaceuticals. The Drug Enforcement Administration take-back regulations only allow for the collection of medications from “ultimate users” (i.e., individuals to whom they were prescribed).

Healthcare Facilities Must Comply with RCRA

Healthcare facilities and healthcare-related businesses that generate pharmaceutical wastes are responsible for appropriately managing their wastes in accordance with all local, state, and federal regulations. This includes RCRA regulations for managing hazardous waste pharmaceuticals, if the pharmaceuticals generated are hazardous waste.  

Long-term Care Facilities

DEA regulations allow retail pharmacies that are DEA registrants to place collection receptacles (also called “kiosks”) at long-term care facilities to collect residents’ (i.e., ultimate users’) controlled substance medications. A facility with a kiosk must not place its own inventory of controlled substances into the collection receptacle. Whether a long-term care facility may place the facility’s hazardous waste pharmaceuticals that are not controlled substances into the kiosk depends on its RCRA status: 

• Long-term care facilities that are NOT operating under Title 40 of the Code of Federal Regulations part 266 subpart P: If the long-term care facility is a very small quantity generator under RCRA regulations and it has not opted into using 40 CFR part 266 subpart P for the management of its hazardous waste pharmaceuticals, then the long-term care facility may place the facility’s hazardous waste pharmaceuticals in the on-site collection receptacle along with the residents’ medications.  

• Long-term care facilities that are operating under 40 CFR part 266 subpart P:  If the long-term care facility is operating under 40 CFR part 266 subpart P (whether it is required to or is a VSQG that has opted in), only the residents’ pharmaceuticals may be placed in an on-site kiosk. The long-term care facility’s hazardous waste pharmaceuticals may not be placed in a kiosk and must be managed according to the applicable RCRA 40 CFR part 266 subpart P regulations.