Full Text of HB2277 95th General Assembly
HB2277ham002 95TH GENERAL ASSEMBLY
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Rep. Jack McGuire
Filed: 4/26/2007
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LRB095 01301 CMK 35567 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 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: |
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| (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 |
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| 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.
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| 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. |
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| (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. |
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| (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.".
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