(1) (a) The general assembly finds and declares that prescription drug misuse is a rampant problem in Colorado, in part due to the accidental and intentional abuse of leftover household medications. The general assembly further declares that citizen access to a disposal location to return unused household medications will reduce the availability of household medications for unintended or abusive purposes and will further protect the environment through proper disposal.

(b) It is the intent of the general assembly to establish a household medication take-back program to facilitate the safe and effective collection and proper disposal of unused medications.

(2) As used in this section:

(a) "Approved collection site" means a site approved by the department for the collection of unused household medications.

(b) "Carrier" means an entity approved by the department to transport unused household medications from approved collection sites to a disposal location.

(c) "Disposal location" means a site approved by the department where unused household medications are destroyed in compliance with applicable laws so that the household medications are in a nonretrievable state and cannot be diverted for illicit purposes.

(d) "Household medications" means controlled substances approved for collection by federal law, prescription drugs, and over-the-counter medications in the possession of an individual.

(3) Subject to available funds, the executive director of the department shall establish a household medication take-back program to collect and dispose of unused household medications. The program must allow for individuals to dispose of unused household medications at approved collection sites and for carriers to transport unused household medications from approved collection sites to disposal locations.

(4) A collection site, carrier, or disposal location is not subject to liability for incidents arising from the collection, transport, or disposal of household medications if the collection site, carrier, or disposal location complies with the household medication take-back program in good faith and does not violate any applicable laws.

(5) The household medication take-back cash fund is created in the state treasury for the direct and indirect costs associated with the implementation of this section. The fund consists of moneys appropriated or transferred to the fund by the general assembly and any gifts, grants, and donations from any public or private entity. The department shall transmit gifts, grants, and donations collected by the department to the state treasurer, who shall credit the moneys to the fund. The moneys in the fund are subject to annual appropriation by the general assembly.

(6) Nothing in this section:

(a) Affects the authority to collect and reuse medications pursuant to section 12-42.5-133, C.R.S.; or

(b) Prohibits the operation of existing medication take-back and disposal programs regulated by the department.

(7) The commission may promulgate rules for the implementation of this section.