Illinois General Assembly - Full Text of HB5781
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Full Text of HB5781  99th General Assembly

HB5781enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB5781 EnrolledLRB099 20496 AWJ 45019 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Police Act is amended by adding
5Section 40 as follows:
 
6    (20 ILCS 2610/40 new)
7    Sec. 40. Disposal of medications. The Department may by
8rule authorize State Police officers to dispose of any unused
9medications under Section 18 of the Safe Pharmaceutical
10Disposal Act.
 
11    Section 10. The Illinois Police Training Act is amended by
12adding Section 10.19 as follows:
 
13    (50 ILCS 705/10.19 new)
14    Sec. 10.19. Disposal of medications. The Board shall
15develop rules and minimum standards for local governmental
16agencies that authorize police officers to dispose of unused
17medications under Section 18 of the Safe Pharmaceutical
18Disposal Act.
 
19    Section 15. The Counties Code is amended by adding Section
203-3045 as follows:
 

 

 

HB5781 Enrolled- 2 -LRB099 20496 AWJ 45019 b

1    (55 ILCS 5/3-3045 new)
2    Sec. 3-3045. Disposal of medications. A coroner or medical
3examiner may dispose of any unused medications found at the
4scene of a death the coroner or medical examiner is
5investigating under Section 18 of the Safe Pharmaceutical
6Disposal Act.
 
7    Section 20. The Safe Pharmaceutical Disposal Act is amended
8by changing Section 5 and adding Section 18 as follows:
 
9    (210 ILCS 150/5)
10    Sec. 5. Definitions. In this Act:
11    "Health care institution" means any public or private
12institution or agency licensed or certified by State law to
13provide health care. The term includes hospitals, nursing
14homes, residential health care facilities, home health care
15agencies, hospice programs operating in this State,
16institutions, facilities, or agencies that provide services to
17persons with mental health illnesses, and institutions,
18facilities, or agencies that provide services for persons with
19developmental disabilities.
20    "Law enforcement agency" means any federal, State, or local
21law enforcement agency, including a State's Attorney and the
22Attorney General.
23    "Public wastewater collection system" means any wastewater

 

 

HB5781 Enrolled- 3 -LRB099 20496 AWJ 45019 b

1collection system regulated by the Environmental Protection
2Agency.
3    "Unused medication" means any unopened, expired, or excess
4(including medication unused as a result of the death of the
5patient) medication that has been dispensed for patient or
6resident care and that is in a solid form. The term includes
7pills, tablets, capsules, and caplets. For long-term care
8facilities licensed under the Nursing Home Care Act, "unused
9medication" does not include any Schedule II controlled
10substance under federal law in any form, until such time as the
11federal Drug Enforcement Administration adopts regulations
12that permit these facilities to dispose of controlled
13substances in a manner consistent with this Act.
14(Source: P.A. 96-221, eff. 1-1-10.)
 
15    (210 ILCS 150/18 new)
16    Sec. 18. Unused medications at the scene of a death.
17    (a) Notwithstanding any provision of law to the contrary,
18the Department of State Police may by rule authorize State
19Police officers to dispose of any unused medications found at
20the scene of a death the State Police officer is investigating.
21A State Police officer may only dispose of any unused
22medications under this subsection after consulting with any
23other investigating law enforcement agency to ensure that the
24unused medications will not be needed as evidence in any
25investigation. This Section shall not apply to any unused

 

 

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1medications a State Police officer takes into custody as part
2of any investigation into a crime.
3    (b) Notwithstanding any provision of law to the contrary, a
4local governmental agency may authorize police officers to
5dispose of any unused medications found at the scene of a death
6a police officer is investigating. A police officer may only
7dispose of any unused medications under this subsection after
8consulting with any other investigating law enforcement agency
9to ensure that the unused medications will not be needed as
10evidence in any investigation. This Section shall not apply to
11any unused medications a police officer takes into custody as
12part of any investigation into a crime.
13    (c) Notwithstanding any provision of law to the contrary, a
14coroner or medical examiner may dispose of any unused
15medications found at the scene of a death the coroner or
16medical examiner is investigating. A coroner or medical
17examiner may only dispose of any unused medications under this
18subsection after consulting with any investigating law
19enforcement agency to ensure that the unused medications will
20not be needed as evidence in any investigation.
21    (d) Any disposal under this Section shall be in accordance
22with Section 17 of this Act or another State or federally
23approved medication take-back program or location.
24    (e) This Section shall not apply to prescription drugs for
25which the United States Food and Drug Administration created a
26Risk Evaluation and Mitigation Strategy for under the Food and

 

 

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1Drug Administration Amendments Act of 2007.
2    (f) Nothing in this Section shall be construed to require a
3search of the scene for unused medications.
4    (g) Prior to disposal of any medication collected as
5evidence in a criminal investigation under this Section, a
6State Police officer, police officer, coroner, or medical
7examiner shall photograph the unused medication and its
8container or packaging, if available; document the number or
9amount of medication to be disposed; and include the
10photographs and documentation in the police report, coroner
11report, or medical examiner report.
12    (h) If an autopsy is performed as part of a death
13investigation, no medication seized under this Section shall be
14disposed of until after a toxicology report is received by the
15entity requesting the report.