Full Text of HB5781 99th General Assembly
HB5781enr 99TH GENERAL ASSEMBLY |
| | HB5781 Enrolled | | LRB099 20496 AWJ 45019 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Police Act is amended by adding | 5 | | Section 40 as follows: | 6 | | (20 ILCS 2610/40 new) | 7 | | Sec. 40. Disposal of medications. The Department may by | 8 | | rule authorize State Police officers to dispose of any unused | 9 | | medications under Section 18 of the Safe Pharmaceutical | 10 | | Disposal Act. | 11 | | Section 10. The Illinois Police Training Act is amended by | 12 | | adding Section 10.19 as follows: | 13 | | (50 ILCS 705/10.19 new) | 14 | | Sec. 10.19. Disposal of medications. The Board shall | 15 | | develop rules and minimum standards for local governmental | 16 | | agencies that authorize police officers to dispose of unused | 17 | | medications under Section 18 of the Safe Pharmaceutical | 18 | | Disposal Act. | 19 | | Section 15. The Counties Code is amended by adding Section | 20 | | 3-3045 as follows: |
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| 1 | | (55 ILCS 5/3-3045 new) | 2 | | Sec. 3-3045. Disposal of medications. A coroner or medical | 3 | | examiner may dispose of any unused medications found at the | 4 | | scene of a death the coroner or medical examiner is | 5 | | investigating under Section 18 of the Safe Pharmaceutical | 6 | | Disposal Act. | 7 | | Section 20. The Safe Pharmaceutical Disposal Act is amended | 8 | | by 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 | 12 | | institution or agency licensed or certified by State law to | 13 | | provide health care. The term includes hospitals, nursing | 14 | | homes, residential health care facilities, home health care | 15 | | agencies, hospice programs operating in this State, | 16 | | institutions, facilities, or agencies that provide services to | 17 | | persons with mental health illnesses, and institutions, | 18 | | facilities, or agencies that provide services for persons with | 19 | | developmental disabilities. | 20 | | "Law enforcement agency" means any federal, State, or local | 21 | | law enforcement agency, including a State's Attorney and the | 22 | | Attorney General. | 23 | | "Public wastewater collection system" means any wastewater |
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| 1 | | collection system regulated by the Environmental Protection | 2 | | Agency. | 3 | | "Unused medication" means any unopened, expired, or excess | 4 | | (including medication unused as a result of the death of the | 5 | | patient) medication that has been dispensed for patient or | 6 | | resident care and that is in a solid form. The term includes | 7 | | pills, tablets, capsules, and caplets. For long-term care | 8 | | facilities licensed under the Nursing Home Care Act, "unused | 9 | | medication" does not include any Schedule II controlled | 10 | | substance under federal law in any form, until such time as the | 11 | | federal Drug Enforcement Administration adopts regulations | 12 | | that permit these facilities to dispose of controlled | 13 | | substances 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, | 18 | | the Department of State Police may by rule authorize State | 19 | | Police officers to dispose of any unused medications found at | 20 | | the scene of a death the State Police officer is investigating. | 21 | | A State Police officer may only dispose of any unused | 22 | | medications under this subsection after consulting with any | 23 | | other investigating law enforcement agency to ensure that the | 24 | | unused medications will not be needed as evidence in any | 25 | | investigation. This Section shall not apply to any unused |
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| 1 | | medications a State Police officer takes into custody as part | 2 | | of any investigation into a crime. | 3 | | (b) Notwithstanding any provision of law to the contrary, a | 4 | | local governmental agency may authorize police officers to | 5 | | dispose of any unused medications found at the scene of a death | 6 | | a police officer is investigating. A police officer may only | 7 | | dispose of any unused medications under this subsection after | 8 | | consulting with any other investigating law enforcement agency | 9 | | to ensure that the unused medications will not be needed as | 10 | | evidence in any investigation. This Section shall not apply to | 11 | | any unused medications a police officer takes into custody as | 12 | | part of any investigation into a crime. | 13 | | (c) Notwithstanding any provision of law to the contrary, a | 14 | | coroner or medical examiner may dispose of any unused | 15 | | medications found at the scene of a death the coroner or | 16 | | medical examiner is investigating. A coroner or medical | 17 | | examiner may only dispose of any unused medications under this | 18 | | subsection after consulting with any investigating law | 19 | | enforcement agency to ensure that the unused medications will | 20 | | not be needed as evidence in any investigation. | 21 | | (d) Any disposal under this Section shall be in accordance | 22 | | with Section 17 of this Act or another State or federally | 23 | | approved medication take-back program or location. | 24 | | (e) This Section shall not apply to prescription drugs for | 25 | | which the United States Food and Drug Administration created a | 26 | | Risk Evaluation and Mitigation Strategy for under the Food and |
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| 1 | | Drug Administration Amendments Act of 2007. | 2 | | (f) Nothing in this Section shall be construed to require a | 3 | | search of the scene for unused medications. | 4 | | (g) Prior to disposal of any medication collected as | 5 | | evidence in a criminal investigation under this Section, a | 6 | | State Police officer, police officer, coroner, or medical | 7 | | examiner shall photograph the unused medication and its | 8 | | container or packaging, if available; document the number or | 9 | | amount of medication to be disposed; and include the | 10 | | photographs and documentation in the police report, coroner | 11 | | report, or medical examiner report. | 12 | | (h) If an autopsy is performed as part of a death | 13 | | investigation, no medication seized under this Section shall be | 14 | | disposed of until after a toxicology report is received by the | 15 | | entity requesting the report.
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