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Rep. Jonathan Carroll
Filed: 4/17/2018
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1 | | AMENDMENT TO HOUSE BILL 1338
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2 | | AMENDMENT NO. ______. Amend House Bill 1338 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Safe Pharmaceutical Disposal Act is amended |
5 | | by changing Sections 5 and 10 as follows: |
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. |
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1 | | "Law enforcement agency" means any federal, State, or local |
2 | | law enforcement agency, including a State's Attorney and the |
3 | | Attorney General. |
4 | | "Nurse" means an advanced practice nurse, registered |
5 | | nurse, or licensed practical nurse licensed under the Nurse |
6 | | Practice Act. |
7 | | "Public wastewater collection system" means any wastewater |
8 | | collection system regulated by the Environmental Protection |
9 | | Agency. |
10 | | "Unused medication" means any unopened, expired, or excess |
11 | | (including medication unused as a result of the death of the |
12 | | patient) medication that has been dispensed for patient or |
13 | | resident care and that is in a liquid or solid form. The term |
14 | | includes , but is not limited to, suspensions, pills, tablets, |
15 | | capsules, and caplets. For long-term care facilities licensed |
16 | | under the Nursing Home Care Act, "unused medication" does not |
17 | | include any Schedule II controlled substance under federal law |
18 | | in any form, until such time as the federal Drug Enforcement |
19 | | Administration adopts regulations that permit these facilities |
20 | | to dispose of controlled substances in a manner consistent with |
21 | | this Act.
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22 | | (Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17.) |
23 | | (210 ILCS 150/10)
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24 | | Sec. 10. Disposal of unused medications prohibited. |
25 | | (a) Except for medications contained in intraperitoneal |
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1 | | solutions, intravenous fluids, syringes, or transdermal |
2 | | patches, no health care institution, nor any employee, staff |
3 | | person, contractor, or other person acting under the direction |
4 | | or supervision of a health care institution, may discharge, |
5 | | dispose of, flush, pour, or empty any unused medication into a |
6 | | public wastewater collection system or septic system. |
7 | | (b) A violation of this Section is a petty offense subject |
8 | | to a fine of $500. Fines collected under this Act from |
9 | | facilities licensed under the Nursing Home Care Act shall be |
10 | | deposited into the Long Term Care Monitor/Receiver Fund. Fines |
11 | | collected from all other health care institutions under this |
12 | | Act shall be deposited into the Environmental Protection Trust |
13 | | Fund.
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14 | | (Source: P.A. 96-221, eff. 1-1-10.)".
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