Rep. Jack McGuire
Filed: 4/26/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2277
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2277 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Prescription and Consumer Drug Disposal Act. | ||||||
6 | Section 5. Definitions. For purposes of this Act: | ||||||
7 | (a) "Agency" means the Illinois Environmental Protection | ||||||
8 | Agency. | ||||||
9 | (b) "Consumer" means an individual purchaser or owner of a | ||||||
10 | drug. "Consumer" does not include a business, corporation, | ||||||
11 | limited partnership, or any entity involved in a wholesale | ||||||
12 | transaction between a distributor and retailer. | ||||||
13 | (c) "Controlled substance" has the same meaning as provided | ||||||
14 | in subsection (f) of Section 102 of the Illinois Controlled | ||||||
15 | Substances Act. | ||||||
16 | (d) "Drug" means any of the following: |
| |||||||
| |||||||
1 | (1) Articles recognized in the official United States | ||||||
2 | Pharmacopoeia, or any supplement thereof, the official | ||||||
3 | National Formulary, or any supplement thereof, or the | ||||||
4 | official Homeopathic Pharmacopoeia of the United States, | ||||||
5 | or any supplement thereof. | ||||||
6 | (2) Articles intended for use in the diagnosis, cure, | ||||||
7 | mitigation, treatment, or prevention of disease in humans | ||||||
8 | or other animals. | ||||||
9 | (3) Articles, excluding food, intended to affect the | ||||||
10 | structure or any function of the body of humans or other | ||||||
11 | animals. | ||||||
12 | (4) Articles intended for use as a component of any | ||||||
13 | article specified in items (1), (2), or (3) of this | ||||||
14 | subsection. | ||||||
15 | (e) "Pharmacy" or "authorized pharmacy" means any pharmacy | ||||||
16 | registered in this State under the Pharmacy Practice Act of | ||||||
17 | 1987. | ||||||
18 | (f) "Sale" includes, but is not limited to, transactions | ||||||
19 | conducted through sales outlets, catalogs, the Internet, or any | ||||||
20 | other similar electronic means. "Sale" does not include any | ||||||
21 | sale that is a wholesale transaction involving a distributor or | ||||||
22 | retailer. | ||||||
23 | Section 10. Prescription and Consumer Drug Disposal Pilot | ||||||
24 | Program. To reduce the improper disposal of prescription and | ||||||
25 | consumer drugs in this State, the Agency, in collaboration with |
| |||||||
| |||||||
1 | the Department of Public Health and the Department of Financial | ||||||
2 | and Professional Regulation, shall implement a Prescription | ||||||
3 | and Consumer Drug Disposal Pilot Program through which | ||||||
4 | prescription and consumer drugs may be disposed of by safe and | ||||||
5 | environmentally sound methods. The Agency, by rule, shall | ||||||
6 | determine which drugs are eligible for the take-back disposal | ||||||
7 | program. The pilot program shall be conducted for a period of | ||||||
8 | at least one year in at least 2 counties in the State. | ||||||
9 | Upon termination of the pilot program under this Section, | ||||||
10 | the Agency may adopt additional rules to extend, indefinitely, | ||||||
11 | the Prescription and Consumer Drug Disposal Program to | ||||||
12 | additional counties in the State.
| ||||||
13 | Section 15. Collection and disposal. | ||||||
14 | (a) Beginning July 1, 2008 and continuing through July 1, | ||||||
15 | 2009, each authorized pharmacy and retail establishment that | ||||||
16 | contains an authorized pharmacy located in a county that is | ||||||
17 | participating in the pilot program shall have in place a system | ||||||
18 | for safe and secure acceptance and collection of eligible drugs | ||||||
19 | from consumers for the proper disposal of those drugs. | ||||||
20 | (b) A system for safe and secure acceptance and collection | ||||||
21 | of drugs for proper disposal shall, at a minimum, include all | ||||||
22 | of the following elements: | ||||||
23 | (1) The take-back, at no cost to the consumer, of any | ||||||
24 | eligible drug of a type or brand that the retailer sold or | ||||||
25 | had sold. |
| |||||||
| |||||||
1 | (2) A conspicuous notice to consumers that includes | ||||||
2 | informational materials, including, but not limited to, an | ||||||
3 | Internet website link or a telephone number, placed on the | ||||||
4 | invoice or purchase order, or packaged with the drug, that | ||||||
5 | provides information necessary to access additional | ||||||
6 | information about the opportunities and locations for | ||||||
7 | no-cost drug recycling. | ||||||
8 | (3) Information about drug return opportunities | ||||||
9 | provided by the pharmacy or retailer that encourages | ||||||
10 | consumers to use those opportunities. This information may | ||||||
11 | include, but is not limited to, one or more of the | ||||||
12 | following: | ||||||
13 | (A) Signage that is prominently displayed and | ||||||
14 | easily visible to the consumer. | ||||||
15 | (B) Written materials provided to the consumer at | ||||||
16 | the time of purchase or delivery, or both. | ||||||
17 | (C) Reference to the drug take-back opportunity in | ||||||
18 | that retailer's advertising or other promotional | ||||||
19 | materials, or both. | ||||||
20 | (D) Direct communications with the consumer at the | ||||||
21 | time of purchase. | ||||||
22 | (c) Any retailer or pharmacy with an independent drug | ||||||
23 | disposal program that is consistent with the pilot program and | ||||||
24 | is in place on or before July 1, 2008 and remains in effect | ||||||
25 | through July 1, 2009 shall be deemed in compliance with this | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (d) The Agency may adopt rules to include controlled | ||||||
2 | substances in the Prescription and Consumer Drug Disposal Pilot | ||||||
3 | Program only to the extent allowed by federal and State law.".
|