Full Text of SB1919 96th General Assembly
SB1919ham002 96TH GENERAL ASSEMBLY
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Rep. Karen May
Filed: 5/19/2009
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09600SB1919ham002 |
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LRB096 10985 DRJ 27098 a |
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| AMENDMENT TO SENATE BILL 1919
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| AMENDMENT NO. ______. Amend Senate Bill 1919, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the Safe | 6 |
| Pharmaceutical Disposal Act. | 7 |
| Section 5. Definitions. In this Act: | 8 |
| "Health care institution" means any public or private | 9 |
| institution or agency licensed or certified by State law to | 10 |
| provide health care. The term includes hospitals, nursing | 11 |
| homes, residential health care facilities, home health care | 12 |
| agencies, hospice programs operating in this State, | 13 |
| institutions, facilities, or agencies that provide services to | 14 |
| persons with mental health illnesses, and institutions, | 15 |
| facilities, or agencies that provide services for persons with | 16 |
| developmental disabilities. |
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| "Public wastewater collection system" means any wastewater | 2 |
| collection system regulated by the Environmental Protection | 3 |
| Agency. | 4 |
| "Unused medication" means any unopened, expired, or excess | 5 |
| medication that has been dispensed for patient or resident care | 6 |
| and that is in a solid form. The term includes pills, tablets, | 7 |
| capsules, and caplets. For long-term care facilities licensed | 8 |
| under the Nursing Home Care Act, "unused medication" does not | 9 |
| include any Schedule II controlled substance under federal law | 10 |
| in any form, until such time as the federal Drug Enforcement | 11 |
| Administration adopts regulations that permit these facilities | 12 |
| to dispose of controlled substances in a manner consistent with | 13 |
| this Act.
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| Section 10. Disposal of unused medications prohibited. | 15 |
| (a) Except for medications contained in intravenous | 16 |
| fluids, syringes, or transdermal patches, no health care | 17 |
| institution, nor any employee, staff person, contractor, or | 18 |
| other person acting under the direction or supervision of a | 19 |
| health care institution, may discharge, dispose of, flush, | 20 |
| pour, or empty any unused medication into a public wastewater | 21 |
| collection system or septic system. | 22 |
| (b) A violation of this Section is a petty offense subject | 23 |
| to a fine of $500. Fines collected under this Act from | 24 |
| facilities licensed under the Nursing Home Care Act shall be | 25 |
| deposited into the Long Term Care Monitor/Receiver Fund. Fines |
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| collected from all other health care institutions under this | 2 |
| Act shall be deposited into the Environmental Protection Trust | 3 |
| Fund. | 4 |
| Section 15. Health care institution protocols. Nursing | 5 |
| homes, residential health care facilities, home health care | 6 |
| agencies, hospice programs operating in this State, | 7 |
| institutions, facilities, or agencies that provide services to | 8 |
| persons with mental health illnesses, and institutions, | 9 |
| facilities, or agencies that provide services for persons with | 10 |
| developmental disabilities shall modify their written | 11 |
| medication protocols to be consistent with the requirements of | 12 |
| this Act. | 13 |
| Section 20. Oversight. Each agency having regulatory | 14 |
| oversight responsibility for a type of health care institution | 15 |
| as defined in this Act shall be responsible for ensuring those | 16 |
| institutions' compliance with this Act.
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| Section 99. Effective date. This Act takes effect January | 18 |
| 1, 2010.".
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