Full Text of HB2277 95th General Assembly
HB2277ham001 95TH GENERAL ASSEMBLY
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Rep. Jack McGuire
Filed: 4/25/2007
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LRB095 01301 CMK 35490 a |
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| AMENDMENT TO HOUSE BILL 2277
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| AMENDMENT NO. ______. Amend House Bill 2277 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Prescription Drug Disposal Act. | 6 |
| Section 5. Definitions. For purposes of this article: | 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) "Drug" means any of the following: | 14 |
| (1) Articles recognized in the official United States | 15 |
| Pharmacopoeia, or any supplement thereof, the official | 16 |
| National Formulary, or any supplement thereof, or the |
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| official Homeopathic Pharmacopoeia of the United States, | 2 |
| or any supplement thereof. | 3 |
| (2) Articles intended for use in the diagnosis, cure, | 4 |
| mitigation, treatment, or prevention of disease in humans | 5 |
| or other animals. | 6 |
| (3) Articles, excluding food, intended to affect the | 7 |
| structure or any function of the body of humans or other | 8 |
| animals. | 9 |
| (4) Articles intended for use as a component of any | 10 |
| article specified in items (1), (2), or (3) of this | 11 |
| subsection. | 12 |
| (d) "Pharmacy" or "authorized pharmacy" means any pharmacy | 13 |
| registered in this State under the Pharmacy Practice Act of | 14 |
| 1987. | 15 |
| (e) "Sale" includes, but is not limited to, transactions | 16 |
| conducted through sales outlets, catalogs, the Internet, or any | 17 |
| other similar electronic means. "Sale" does not include any | 18 |
| sale that is a wholesale transaction involving a distributor or | 19 |
| retailer. | 20 |
| Section 10. Prescription Drug Disposal Pilot Program. To | 21 |
| reduce the improper disposal of prescription drugs in this | 22 |
| State, the Agency, in collaboration with the Department of | 23 |
| Public Health and the Department of Financial and Professional | 24 |
| Regulation, shall implement a Prescription Drug Disposal Pilot | 25 |
| Program through which prescription drugs may be disposed of by |
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| safe and environmentally sound methods. The pilot program shall | 2 |
| be conducted for a period of at least one year in at least 2 | 3 |
| counties in the State.
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| Section 15. Collection and disposal. | 5 |
| (a) Beginning July 1, 2008 and continuing through July 1, | 6 |
| 2009, every authorized pharmacy or retailer that contains an | 7 |
| authorized pharmacy located in a county that is participating | 8 |
| in the pilot program shall have in place a system for safe and | 9 |
| secure acceptance and collection of drugs for proper disposal. | 10 |
| (b) A system for safe and secure acceptance and collection | 11 |
| of drugs for proper disposal shall, at a minimum, include all | 12 |
| of the following elements: | 13 |
| (1) The take-back, at no cost to the consumer, of any | 14 |
| drug of a type or brand that the retailer sold or had sold. | 15 |
| (2) A conspicuous notice to consumers that shall | 16 |
| include informational materials, including, but not | 17 |
| limited to, Internet website links or a telephone number, | 18 |
| placed on the invoice or purchase order, or packaged with | 19 |
| the drug, that provides information necessary to access | 20 |
| additional information about the opportunities and | 21 |
| locations for no-cost drug recycling. | 22 |
| (3) Information about drug return opportunities | 23 |
| provided by the retailer that encourages consumers to use | 24 |
| those opportunities. This information may include, but is | 25 |
| not limited to, one or more of the following: |
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| (A) Signage that is prominently displayed and | 2 |
| easily visible to the consumer. | 3 |
| (B) Written materials provided to the consumer at | 4 |
| the time of purchase or delivery, or both. | 5 |
| (C) Reference to the drug take-back opportunity in | 6 |
| that retailer's advertising or other promotional | 7 |
| materials, or both. | 8 |
| (D) Direct communications with the consumer at the | 9 |
| time of purchase. | 10 |
| (c) Any retailer or pharmacy with an independent | 11 |
| prescription drug disposal program that is consistent with the | 12 |
| pilot program and is in place on or before July 1, 2008 and | 13 |
| remains in effect through July 1, 2009 shall be deemed in | 14 |
| compliance with this Act.".
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