State of Illinois
90th General Assembly
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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

90_SB0080

      410 ILCS 620/16.5 new
          Amends the  Illinois  Food,  Drug  and  Cosmetic  Act  to
      prohibit  the  repeated  use of surgical devices designed for
      single use.
                                                     LRB9001178DPcc
                                               LRB9001178DPcc
 1        AN ACT to amend the Illinois Food, Drug and Cosmetic  Act
 2    by adding Section 16.5.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5. The Illinois Food, Drug and  Cosmetic  Act  is
 6    amended by adding Section 16.5 as follows:
 7        (410 ILCS 620/16.5 new)
 8        Sec. 16.5. Single-use surgical devices.
 9        (a)  The  General  Assembly  finds  that certain surgical
10    devices are  designed  to  be  used  for  only  one  surgical
11    procedure. Further, the reuse, recycling, and refurbishing of
12    surgical  devices intended for single use have been linked to
13    cases of patient infection, chemical injury,  and  mechanical
14    failure.  It  is  therefore  the  purpose  of this Section to
15    protect the public  health  and  safety  by  prohibiting  the
16    reuse,  recycling,  and  refurbishing  of single-use surgical
17    devices.
18        (b)  For purposes of this Section,  "single-use  surgical
19    device"   means   a  cardiac  catheter,  angioplasty  balloon
20    catheter, arthroscopic knee  surgery  blade,  and  any  other
21    device determined by rule of  the Department of Public Health
22    to  be  designed  for  use  in a single surgical procedure to
23    avoid risk of infection from improper sterilization  or  risk
24    of mechanical failure posed by subsequent use.
25        (c)  No  person  shall  knowingly  reuse,  or  recycle or
26    refurbish for reuse, a single-use surgical device.  A  person
27    convicted  of  violating  this  subsection  is  guilty  of  a
28    business  offense and shall be fined not less than $1,000 for
29    the first violation and not less than $2,000 for a second  or
30    subsequent violation.

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