103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1426

 

Introduced 2/7/2023, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 720/25
410 ILCS 720/35
410 ILCS 720/45

    Amends the Drug Take-Back Act. Removes language providing that all potential authorized collection sites that offer to participate in a drug take-back program shall be counted towards meeting the minimum number of authorized collection sites within a drug take-back program. Removes language providing that, if the Environmental Protection Agency receives more than one proposal for a drug take-back program, the Agency shall review all proposals in conjunction with one another to ensure the proposals are coordinated to achieve the authorized collection site coverage. In provisions regarding drug take-back program promotion, provides that if there is more than one drug take-back program operated by more than one manufacturer program operator, the provisions shall be implemented individually by each drug take-back program, except that approved drug take-back programs shall coordinate to provide and maintain a single toll-free number and website publicizing collection options and collection sites (rather than implemented by all drug take-back programs collectively using a single toll-free number and website and similar education, outreach, and promotional materials). Makes other changes.


LRB103 28469 CPF 54850 b

 

 

A BILL FOR

 

SB1426LRB103 28469 CPF 54850 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Drug Take-Back Act is amended by changing
5Sections 25, 35, and 45 as follows:
 
6    (410 ILCS 720/25)
7    Sec. 25. Drug take-back program requirements.
8    (a) At least 120 days prior to submitting a proposal under
9Section 35, a manufacturer program operator must notify
10potential authorized collectors of the opportunity to serve as
11an authorized collector for the proposed drug take-back
12program. No later than 30 days after a potential authorized
13collector expresses interest in participating in a proposed
14program, the manufacturer program operator must commence good
15faith negotiations with the potential authorized collector
16regarding the collector's participation in the program.
17    (b) A person may serve as an authorized collector for a
18drug take-back program voluntarily or in exchange for
19compensation. Nothing in this Act requires any person to serve
20as an authorized collector for a drug take-back program.
21    (c) A pharmacy shall not be required to participate in a
22drug take-back program.
23    (d) A drug take-back program must include as a collector

 

 

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1any person who (i) is a potential authorized collector and
2(ii) offers to participate in the program. The manufacturer
3program operator must include the person in the program as an
4authorized collector no later than 90 days after receiving a
5written offer to participate.
6    (e) A drug take-back program must pay for all
7administrative and operational costs of the drug take-back
8program, as outlined in subsection (a) of Section 55.
9    (f) An authorized collector operating a drug take-back
10program collection site must accept all covered drugs from
11consumers during the hours that the location used as a
12collection site is normally open for business to the public.
13    (g) A drug take-back program collection site must collect
14covered drugs and store them in compliance with State and
15federal law, including United States Drug Enforcement
16Administration regulations. The manufacturer program operator
17must provide for transportation and disposal of collected
18covered drugs in a manner that ensures each collection site is
19serviced as often as necessary to avoid reaching capacity and
20that collected covered drugs are transported to final disposal
21in a manner compliant with State and federal law, including a
22process for additional prompt collection service upon
23notification from the collection site. Covered drugs shall be
24disposed of at:
25        (1) a permitted hazardous waste facility that meets
26    the requirements under 40 CFR 264 and 40 CFR 265;

 

 

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1        (2) a permitted municipal waste incinerator that meets
2    the requirements under 40 CFR 50 and 40 CFR 62; or
3        (3) a permitted hospital, medical, and infectious
4    waste incinerator that meets the requirements under
5    subpart HHH of 40 CFR part 62, an applicable State plan for
6    existing hospital, medical, and infectious waste
7    incinerators, or subpart Ec of 40 CFR part 60 for new
8    hospital, medical, and infectious waste incinerators.
9    (h) Authorized collectors must comply with all State and
10federal laws and regulations governing the collection,
11storage, and disposal of covered drugs, including United
12States Drug Enforcement Administration regulations.
13    (i) A drug take-back program must provide for the
14collection, transportation, and disposal of covered drugs on
15an ongoing, year-round basis and must provide access for
16residents across the State as set forth in subsection (j).
17    (j) A drug take-back program shall provide, in every
18county with a potential authorized collector, one authorized
19collection site and a minimum of at least one additional
20collection site for every 50,000 county residents, provided
21that there are enough potential authorized collectors offering
22to participate in the drug take-back program.
23    All potential authorized collection sites that offer to
24participate in a drug take-back program shall be counted
25towards meeting the minimum number of authorized collection
26sites within a drug take-back program. Collection sites funded

 

 

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1in part or in whole under a contract between a covered
2manufacturer and a pharmacy entered into on or before the
3effective date of this Act shall be counted towards the
4minimum requirements within this Section for so long as the
5contract continues.
6    (k) A drug take-back program may include mail-back
7distribution locations or periodic collection events for each
8county in the State. The manufacturer program operator shall
9consult with each county authority identified in the written
10notice prior to preparing the program plan to determine the
11role that mail-back distribution locations or periodic
12collection events will have in the drug take-back program.
13    The requirement to hold periodic collection events shall
14be deemed to be satisfied if a manufacturer program operator
15makes reasonable efforts to arrange periodic collection events
16but they cannot be scheduled due to lack of law enforcement
17availability.
18    A drug take-back program must permit a consumer who is a
19homeless, homebound, or disabled individual to request
20prepaid, preaddressed mailing envelopes. A manufacturer
21program operator shall accept the request through a website
22and toll-free telephone number that it must maintain to comply
23with the requests.
24(Source: P.A. 102-1055, eff. 6-10-22; revised 8-24-22.)
 
25    (410 ILCS 720/35)

 

 

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1    Sec. 35. Drug take-back program approval.
2    (a) By July 1, 2023, each covered manufacturer must
3individually or collectively submit to the Agency for review
4and approval a proposal for the establishment and
5implementation of a drug take-back program. The proposal must
6demonstrate that the drug take-back program will fulfill the
7requirements under Section 25. If the Agency receives more
8than one proposal for a drug take-back program, the Agency
9shall review all proposals in conjunction with one another to
10ensure the proposals are coordinated to achieve the authorized
11collection site coverage set forth in subsection (j) of
12Section 25.
13    (b) The Agency shall approve a proposed program if each
14covered manufacturer and manufacturer program operator
15participating in the program has registered and paid the fee
16under Section 60, the program proposal demonstrates the
17program fulfills the requirements under Section 25, and the
18proposal includes the following information on forms
19prescribed by the Agency:
20        (1) The identity and contact information for the
21    manufacturer program operator and each participating
22    covered manufacturer.
23        (2) The identity and contact information for the
24    authorized collectors participating in the drug take-back
25    program.
26        (3) The identity of transporters and waste disposal

 

 

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1    facilities that the program will use to transport and
2    dispose of collected covered drugs.
3        (4) The identity of all potential authorized
4    collectors that were notified of the opportunity to serve
5    as an authorized collector, including how they were
6    notified.
7    (c) Within 90 days after receiving a drug take-back
8program proposal, the Agency shall either approve, reject, or
9approve with modification the proposal in writing to the
10manufacturer program operator. During this 90-day period, the
11Agency shall provide a 30-day public comment period on the
12drug take-back program proposal. If the Agency rejects the
13proposal, it shall provide the reason for rejection in the
14written notification to the manufacturer program operator.
15    (d) No later than 90 days after receipt of a notice of
16rejection under subsection (c) of this Section, the
17manufacturer or manufacturers participating in the program
18shall submit a revised proposal to the Agency. Within 90 days
19of receipt of a revised proposal the Agency shall either
20approve or reject the revised proposal in writing to the
21manufacturer program operator. During this 90-day period, the
22Agency shall provide a 30-day public comment period on the
23revised proposal.
24    (e) After approval, covered manufacturers must,
25individually or collectively, initiate operation of a drug
26take-back program meeting the requirements under Section 25 no

 

 

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1later than December 1, 2023.
2(Source: P.A. 102-1055, eff. 6-10-22.)
 
3    (410 ILCS 720/45)
4    Sec. 45. Drug take-back program promotion. Each drug
5take-back program must include a system of promotion,
6education, and public outreach about the proper collection and
7management of covered drugs. If there is more than one drug
8take-back program operated by more than one manufacturer
9program operator, the requirements of this Section shall be
10implemented individually by each drug take-back program,
11except that approved drug take-back programs shall coordinate
12to provide and maintain a single toll-free number and website
13publicizing collection options and collection sites by all
14drug take-back programs collectively using a single toll-free
15number and website and similar education, outreach, and
16promotional materials. Promotion, education, and public
17outreach This may include, but are is not limited to, signage,
18written materials to be provided at the time of purchase or
19delivery of covered drugs, and advertising or other
20promotional materials. At a minimum, promotion, education, and
21public outreach must include the following:
22        (1) Promoting the proper management of drugs by
23    residents and the collection of covered drugs through a
24    drug take-back program.
25        (2) Discouraging residents from disposing of drugs in

 

 

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1    household waste, sewers, or septic systems.
2        (3) Promoting the use of the drug take-back program so
3    that where and how to return covered drugs is readily
4    understandable to residents.
5        (4) Maintaining a toll-free telephone number and
6    website publicizing collection options and collection
7    sites, and discouraging improper disposal practices for
8    covered drugs, such as disposal in household waste,
9    sewers, or septic systems.
10        (5) Preparing and distributing to program collection
11    sites, for dissemination to consumers, the educational and
12    outreach materials. The materials must use plain language
13    and explanatory images to make collection services and
14    discouraged disposal practices readily understandable by
15    residents, including residents with limited English
16    proficiency.
17        (6) Promotional materials prepared and distributed in
18    conjunction with an approved drug take-back program under
19    this Section may not be used to promote in-home disposal
20    products of any kind, including, but not limited to,
21    in-home disposal products of authorized collectors
22    participating in a drug take-back program.
23    The program promotion requirements under this Section do
24not apply to any drug take-back program established prior to
25the effective date of this Act that provides promotional or
26educational materials to the public about the proper

 

 

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1collection and management of covered drugs.
2(Source: P.A. 102-1055, eff. 6-10-22.)