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| | HB1338 Engrossed | | LRB100 03046 RPS 13051 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Safe Pharmaceutical Disposal Act is amended |
| 5 | | by changing Sections 5 and 10 as follows:
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| 6 | | (210 ILCS 150/5) |
| 7 | | Sec. 5. Definitions. In this Act: |
| 8 | | "Health care institution" means any public or private |
| 9 | | institution or agency licensed or certified by State law to |
| 10 | | provide health care. The term includes hospitals, nursing |
| 11 | | homes, residential health care facilities, home health care |
| 12 | | agencies, hospice programs operating in this State, |
| 13 | | institutions, facilities, or agencies that provide services to |
| 14 | | persons with mental health illnesses, and institutions, |
| 15 | | facilities, or agencies that provide services for persons with |
| 16 | | developmental disabilities. |
| 17 | | "Law enforcement agency" means any federal, State, or local |
| 18 | | law enforcement agency, including a State's Attorney and the |
| 19 | | Attorney General. |
| 20 | | "Nurse" means an advanced practice nurse, registered |
| 21 | | nurse, or licensed practical nurse licensed under the Nurse |
| 22 | | Practice Act. |
| 23 | | "Public wastewater collection system" means any wastewater |
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| | HB1338 Engrossed | - 2 - | LRB100 03046 RPS 13051 b |
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| 1 | | collection system regulated by the Environmental Protection |
| 2 | | Agency. |
| 3 | | "Unused medication" means any unopened, expired, or excess |
| 4 | | (including medication unused as a result of the death of the |
| 5 | | patient) medication that has been dispensed for patient or |
| 6 | | resident care and that is in a liquid or solid form. The term |
| 7 | | includes, but is not limited to, suspensions, pills, tablets, |
| 8 | | capsules, and caplets. For long-term care facilities licensed |
| 9 | | under the Nursing Home Care Act, "unused medication" does not |
| 10 | | include any Schedule II controlled substance under federal law |
| 11 | | in any form, until such time as the federal Drug Enforcement |
| 12 | | Administration adopts regulations that permit these facilities |
| 13 | | to dispose of controlled substances in a manner consistent with |
| 14 | | this Act.
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| 15 | | (Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17.)
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| 16 | | (210 ILCS 150/10)
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| 17 | | Sec. 10. Disposal of unused medications prohibited. |
| 18 | | (a) Except for medications contained in intraperitoneal |
| 19 | | solutions, intravenous fluids, syringes, or transdermal |
| 20 | | patches, no health care institution, nor any employee, staff |
| 21 | | person, contractor, or other person acting under the direction |
| 22 | | or supervision of a health care institution, may discharge, |
| 23 | | dispose of, flush, pour, or empty any unused medication into a |
| 24 | | public wastewater collection system or septic system. |
| 25 | | (b) A violation of this Section is a petty offense subject |