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National Rules for Healthcare Pharmaceutical Disposal Prohibit Sewering for Disposal

The U.S. Environmental Protection Agency issued rules for healthcare providers on handling hazardous waste pharmaceuticals (HWP) on February 22, 2019.  The rules became effective on August 21, 2019, and at that time, prohibited the disposal of pharmaceuticals down the drain. The rules were enacted to protect drinking water and surface water and were expected to reduce the amount of hazardous waste pharmaceuticals entering U.S. waterways by as much as 2,300 tons annually.

Healthcare providers subject to the federal sewering prohibition include any person lawfully authorized to:

  • provide preventative, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and counseling, service, assessment, or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or
  • distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals.

Healthcare providers should talk with their current waste vendor or a vendor specializing in pharmaceutical waste handling and disposal to ensure they have provisions in place to properly handle unwanted pharmaceuticals.  To learn more about Michigan’s pharmaceutical waste regulations and the federal rule, visit Michigan.gov/EGLEDrugDisposal and review "Non-Household Drug Disposal" resources. For questions regarding these environmental regulations, please e-mail EGLE-DrugDisposal@Michigan.gov.

Who is included?

Healthcare providers include, but are not limited to:

  • Independent dental, veterinary, chiropractic, optical, and medical offices
  • Medical, veterinary, and psychiatric hospitals
  • Ambulance services
  • Ambulatory surgical centers
  • Health and outpatient care clinics
  • Surgical clinics
  • Chemotherapy clinics
  • Veterinary clinics
  • Long term care facilities
  • Nursing care facilities
  • Assisted living facilities with on-site nursing facilities
  • Military medical logistics facilities
  • Coroners offices
  • Retail brick and mortar pharmacies
  • Mail order pharmacies
  • Compounding pharmacies
  • Long term care pharmacies
  • Wholesale pharmaceutical distributors
  • Third-party logistics providers that serve as forward distributors

What is defined as a pharmaceutical?

Pharmaceuticals generally include most formulations that have a National Drug Code. They are specifically defined as chemical formulations intended to diagnosis, cure, mitigate, care for, treat, or prevent disease or injury. They also include products intended to affect the structure or function of the body of a human or animal. This includes prescription drugs, over-the-counter drugs, and dietary supplements.

How do I manage controlled substances in Michigan?

Michigan adopted the federal rules specific to healthcare facilities generating HWP on April 28, 2025.  Those rules became effective on May 5, 2025. 

As required by the federal mandate, those rules eliminated Michigan’s designation of pharmaceuticals as a universal waste.  The adopted rules exclude HWPs that are a controlled substance from being subject to hazardous waste regulations if they are managed to meet the  Drug Enforcement Administration (DEA) regulations.  Inventories of controlled substances managed through a DEA registered reverse distributer are no longer subject to Michigan’s hazardous waste regulations. 

Wastage - The wasting of leftover, unadministered partial doses of controlled substances, like a dose that remains in a vial, tube, transdermal patch, or syringe should be:

  • witnessed and documented;
  • wasted into containers that include absorbents or chemical reactants that bind or chemically alter the contents to prevent diversion and illicit use; and
  • the containers should be secured.

Collected wastage is no longer regulated by DEA if the controlled substances were administered to patients and the leftover pharmaceutical wasting was witnessed and documented.  Consequently, wasting containers remain subject to hazardous waste regulation unless the healthcare provider has adequate waste characterization for all wastage accumulated in the container and can prove it includes only non-hazardous pharmaceuticals.

Controlled Substances Inventories Sent for Reverse Distribution and Disposal in accordance with DEA Regulations – Inventories of controlled substances that can no longer be administered to a patient and are sent for manufacturer credit through a DEA registered reverse distributor are no longer subject to the hazardous waste regulations. The transfer to the DEA registered reverse distributor or DEA registered disposal facility is considered a distribution under the DEA regulations and requires recordkeeping.