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

HB5781ham002 99TH GENERAL ASSEMBLY

Rep. Patricia R. Bellock

Filed: 4/14/2016

 

 


 

 


 
09900HB5781ham002LRB099 20496 AWJ 47476 a

1
AMENDMENT TO HOUSE BILL 5781

2    AMENDMENT NO. ______. Amend House Bill 5781, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The State Police Act is amended by adding
6Section 40 as follows:
 
7    (20 ILCS 2610/40 new)
8    Sec. 40. Disposal of medications. The Department may by
9rule authorize State Police officers to dispose of any unused
10medications under Section 18 of the Safe Pharmaceutical
11Disposal Act.
 
12    Section 10. The Illinois Police Training Act is amended by
13adding Section 10.19 as follows:
 
14    (50 ILCS 705/10.19 new)

 

 

09900HB5781ham002- 2 -LRB099 20496 AWJ 47476 a

1    Sec. 10.19. Disposal of medications. The Board shall
2develop rules and minimum standards for local governmental
3agencies that authorize police officers to dispose of unused
4medications under Section 18 of the Safe Pharmaceutical
5Disposal Act.
 
6    Section 15. The Counties Code is amended by adding Section
73-3045 as follows:
 
8    (55 ILCS 5/3-3045 new)
9    Sec. 3-3045. Disposal of medications. A coroner or medical
10examiner may dispose of any unused medications found at the
11scene of a death the coroner or medical examiner is
12investigating under Section 18 of the Safe Pharmaceutical
13Disposal Act.
 
14    Section 20. The Safe Pharmaceutical Disposal Act is amended
15by changing Section 5 and adding Section 18 as follows:
 
16    (210 ILCS 150/5)
17    Sec. 5. Definitions. In this Act:
18    "Health care institution" means any public or private
19institution or agency licensed or certified by State law to
20provide health care. The term includes hospitals, nursing
21homes, residential health care facilities, home health care
22agencies, hospice programs operating in this State,

 

 

09900HB5781ham002- 3 -LRB099 20496 AWJ 47476 a

1institutions, facilities, or agencies that provide services to
2persons with mental health illnesses, and institutions,
3facilities, or agencies that provide services for persons with
4developmental disabilities.
5    "Law enforcement agency" means any federal, State, or local
6law enforcement agency, including a State's Attorney and the
7Attorney General.
8    "Public wastewater collection system" means any wastewater
9collection system regulated by the Environmental Protection
10Agency.
11    "Unused medication" means any unopened, expired, or excess
12(including medication unused as a result of the death of the
13patient) medication that has been dispensed for patient or
14resident care and that is in a solid form. The term includes
15pills, tablets, capsules, and caplets. For long-term care
16facilities licensed under the Nursing Home Care Act, "unused
17medication" does not include any Schedule II controlled
18substance under federal law in any form, until such time as the
19federal Drug Enforcement Administration adopts regulations
20that permit these facilities to dispose of controlled
21substances in a manner consistent with this Act.
22(Source: P.A. 96-221, eff. 1-1-10.)
 
23    (210 ILCS 150/18 new)
24    Sec. 18. Unused medications at the scene of a death.
25    (a) Notwithstanding any provision of law to the contrary,

 

 

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1the Department of State Police may by rule authorize State
2Police officers to dispose of any unused medications found at
3the scene of a death the State Police officer is investigating.
4A State Police officer may only dispose of any unused
5medications under this subsection after consulting with any
6other investigating law enforcement agency to ensure that the
7unused medications will not be needed as evidence in any
8investigation. This Section shall not apply to any unused
9medications a State Police officer takes into custody as part
10of any investigation into a crime.
11    (b) Notwithstanding any provision of law to the contrary, a
12local governmental agency may authorize police officers to
13dispose of any unused medications found at the scene of a death
14a police officer is investigating. A police officer may only
15dispose of any unused medications under this subsection after
16consulting with any other investigating law enforcement agency
17to ensure that the unused medications will not be needed as
18evidence in any investigation. This Section shall not apply to
19any unused medications a police officer takes into custody as
20part of any investigation into a crime.
21    (c) Notwithstanding any provision of law to the contrary, a
22coroner or medical examiner may dispose of any unused
23medications found at the scene of a death the coroner or
24medical examiner is investigating. A coroner or medical
25examiner may only dispose of any unused medications under this
26subsection after consulting with any investigating law

 

 

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1enforcement agency to ensure that the unused medications will
2not be needed as evidence in any investigation.
3    (d) Any disposal under this Section shall be in accordance
4with Section 17 of this Act or another State or federally
5approved medication take-back program or location.
6    (e) This Section shall not apply to prescription drugs for
7which the United States Food and Drug Administration created a
8Risk Evaluation and Mitigation Strategy for under the Food and
9Drug Administration Amendments Act of 2007.
10    (f) Nothing in this Section shall be construed to require a
11search of the scene for unused medications.".