6 Colo. Code Regs. § 1010-23.4
Current through Register Vol. 47, No. 20, October 25, 2024
Section 6 CCR 1010-23.4 - DefinitionsA. For the purpose of these rules and regulations:1.Collection means to receive household medications from individuals for the purpose of destruction. If a household medication is a controlled substance, collection means to receive a controlled substance for the purpose of destruction from an ultimate user or an individual lawfully entitled to dispose of an ultimate user decedent's property; and means to receive household sharps from individuals for the purpose of treatment and disposal.2.Collector means a DEA-registrant or law enforcement agency approved by the department for the collection of household medications; and an entity approved by the department for the collection of household sharps.3.Colorado Household Medication and Household Sharps Take-Back Program or program means the program established in Section 25-15-328, C.R.S to facilitate the safe and effective collection, transportation, destruction, and disposal of household medications; and to facilitate the safe and effective collection, transportation, treatment and disposal of household sharps.4.Commission means the Solid and Hazardous Waste Commission created pursuant to Section 25-15-302, C.R.S.5.Common Carrier means a for-hire carrier that holds itself out to serve the general public at reasonable rates and without discrimination.6.Contract Carrier means a for-hire interstate operator which offers transportation services to certain shippers under contracts.7.Controlled Substance means a drug or other substance, or immediate precursor, included in schedule II - V and listed in U.S. Department of Justice, Drug Enforcement Administration, 21 CFR §§ 1308.12 through 1308.15, Schedules of Controlled Substances; revised as of April 1, 2019, and hereby incorporated by reference.8.DEA means the Drug Enforcement Administration and its authorized agents and employees.9.DEA Registrant or Registrant means any person who is registered pursuant to U.S. Department of Justice, Drug Enforcement Administration, 21 CFR § 1301.11(a), Persons required to register; revised as of April 1, 2019, and hereby incorporated by reference.10.Department means the Colorado Department of Public Health and Environment and its authorized agents and employees.11.Disposal Location means a site approved by the department where household medications are destroyed in compliance with applicable laws and rendered non-retrievable and cannot be diverted for illicit purposes; and means a site approved by the department where treated household sharps are disposed in compliance with applicable laws.12.Distribute means to deliver (other than by administering or dispensing) a controlled substance or to deliver (other than by administering or dispensing) a listed chemical designated in U.S. Department of Justice, Drug Enforcement Administration, 21 CFR § 1310.02, Substances covered; revised as of April 1, 2019, and hereby incorporated by reference.13.Distributor means a person who delivers (other than by administering or dispensing) a controlled substance or delivers (other than by administering or dispensing) a listed chemical designated in U.S. Department of Justice, Drug Enforcement Administration, 21 CFR § 1310.02, Substances covered, revised as of April 1, 2019, and hereby incorporated by reference.14.Employee means an individual directly paid by a program participant; subject to direct oversight by a program participant; required, as a condition of employment, to follow a program participant's procedures and guidelines pertaining to the handling of household medications, including controlled substances, or pertaining to the handling of household sharps; subject to receive a performance rating or performance evaluation on a regular/routine basis from a program participant; subject to disciplinary action by a program participant; and required to render services at the site of a program participant's covered activities. At a law enforcement agency collector an employee may, at the agency's discretion, be a paid or unpaid reserve officer as defined pursuant to 16-2.5-110, C.R.S.15.Household Medications means controlled substances approved for collection by federal law, prescription drugs, and over-the-counter medications in the possession of an individual, not generated by a commercial or industrial entity.16.Household Medication Take-Back Event means a scheduled, organized occasion of limited duration, managed by a law enforcement agency for the collection of household medications, including controlled substances collected from ultimate users and individuals lawfully entitled to dispose of an ultimate user decedent's property.17.Household Sharps means blood-sampling lancets, needles, and needle-containing devices used to inject medications including syringes, auto injectors, and injection cartridges in the possession of an individual, not generated by a commercial or industrial entity.18.Law Enforcement Agency means, but is not limited to, a municipal, tribal, university, or college police department; a county sheriff's office; a district attorney's office; a county coroner's office; a town marshal's office; the Colorado Department of Public Safety; and the Colorado Department of Corrections.19.Law Enforcement Officer means an individual who: a. Is an employee of either a law enforcement agency or law enforcement component of a federal agency;b. Is under the direction and control of a federal, state, tribal, or local government;c. Acts in the course of the law enforcement officer's official duty; andd. Is duly sworn and given the authority by a federal, state, tribal, or local government to carry firearms, execute and serve warrants, make arrests without warrant, and make seizures of property.20.Non-retrievable means, for the purpose of destruction, the condition or state to which household medications shall be rendered following a process that permanently alters the household medications' physical or chemical condition or state through irreversible means and thereby renders the household medications unavailable and unusable for all practical purposes, thus preventing their diversion to illicit purposes. The process to achieve a non-retrievable condition or state may be unique to a household medication's chemical or physical properties. A controlled substance is considered non-retrievable when permanently altered in such manner and it cannot be transformed to a physical or chemical condition or state as a controlled substance or controlled substance analogue.21.On-site means located on or at the physical premises of the registrant's registered location. A controlled substance is destroyed on-site when destruction occurs on the physical premises of the destroying registrant's registered location. A hospital/clinic has an on-site pharmacy when it has a pharmacy located on the physical premises of the registrant's registered location.22.Reverse Distribute means to acquire controlled substances from another registrant or law enforcement for the purpose of: a. Return to the registered manufacturer or another registrant authorized by manufacturer to accept returns on the manufacturer's behalf; or 23.Reverse Distributor means a person registered with the Drug Enforcement Administration to reverse distribute controlled substances.24.Transporter means any entity approved by the department to acquire household medications from approved collectors for disposal; and means any entity approved by the department to acquire household sharps from approved collectors or individuals for treatment and disposal.25.Treatment Facility means a department-approved location where household sharps are rendered non-infectious.26.Ultimate User means an individual who has lawfully obtained, and who possesses, a controlled substance for the individual's own use or for the use of a member of the individual's household or for an animal owned by the individual or by a member of the individual's household.39 CR 11, June 10, 2016, effective 7/1/201643 CR 06, March 25, 2020, effective 4/14/2020