HB5781 99TH GENERAL ASSEMBLY

LRB099 20496 AWJ 45019 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5781

Introduced , by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

20 ILCS 2610/40 new
50 ILCS 705/10.19 new
55 ILCS 5/3-3045 new
210 ILCS 150/5
225 ILCS 60/50-41 new
225 ILCS 65/80 new

Amends the State Police Act, the Illinois Police Training Act, and the Counties Code. Provides that police officers, coroners, and medical examiners may dispose of unused medications found at the scene of a death after consulting with any law enforcement agency investigating the death. Provides the unused medications shall not be disposed into any public wastewater collection system. Limits liability for the disposal, or failure to dispose of, unused medications. Amends the Medical Practice Act of 1987 and the Nurse Practice Act making similar changes for physicians and nurses. Amends the Safe Pharmaceutical Disposal Act modifying a definition to clarify excess medication includes unused medication as the result of the death of a person.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Police Act is amended by adding Section 40 as follows:

(20 ILCS 2610/40 new)

Sec. 40. Disposal of medications.

(a) As used in this Section:

"Law enforcement agency" means any federal, State, or local law enforcement agency, including a State's Attorney and the Attorney General.

"Public wastewater collection system" means any wastewater collection system regulated by the Environmental Protection Agency.

"Unused medication" means medication that has been purchased or dispensed for a deceased individual's care and that is in a solid or liquid form. "Unused medication" includes, but is not limited to, patches, pills, tablets, capsules, and caplets.

(b) Notwithstanding any provision of law to the contrary, the Department may by rule authorize State Police officers to dispose of any unused medications found at the scene of a death the State Police officer is investigating. The State Police officer may dispose of the unused medications in any receptacle for unused medications as described under Section 17 of the Safe Pharmaceutical Disposal Act or another State or federally-approved medicine take-back program or location. A State Police officer may only dispose of any unused medications under this subsection after consulting with any other investigating law enforcement agency to ensure that the unused medications will not be taken as evidence in any investigation.

(c) Except for medications contained in intravenous fluids, syringes, or transdermal patches, a State Police officer may not discharge, dispose of, flush, pour, or empty any unused medication into a public wastewater collection system or septic system.

(d) When a State Police officer in good faith disposes of, or chooses not to dispose of, medicine under this Section in good faith, the State Police officer, the Department, and its employees and agents, shall incur no liability, except for willful and wanton conduct, as a result of any injury arising from the disposal or non-disposal of unused medications.

(e) This Section shall not apply to any unused medications a State Police officer takes into custody as part of any investigation into a crime.

Section 10. The Illinois Police Training Act is amended by adding Section 10.19 as follows:

(50 ILCS 705/10.19 new)

Sec. 10.19. Disposal of medications.

(a) As used in this Section:

"Law enforcement agency" means any federal, State, or local law enforcement agency, including a State's Attorney and the Attorney General.

"Public wastewater collection system" means any wastewater collection system regulated by the Environmental Protection Agency.

"Unused medication" means medication that has been purchased or dispensed for a deceased individual's care and that is in a solid or liquid form. "Unused medication" includes, but is not limited to, patches, pills, tablets, capsules, and caplets.

(b) Notwithstanding any provision of law to the contrary, a local governmental agency may authorize police officers to dispose of any unused medications found at the scene of a death a police officer is investigating. The police officer may dispose of the unused medications in any receptacle for unused medications as described under Section 17 of the Safe Pharmaceutical Disposal Act or another State or federally-approved medicine take-back program or location. A police officer may only dispose of any unused medications under this subsection after consulting with any other investigating law enforcement agency to ensure that the unused medications will not be taken as evidence in any investigation.

(c) Except for medications contained in intravenous fluids, syringes, or transdermal patches, a police officer may not discharge, dispose of, flush, pour, or empty any unused medication into a public wastewater collection system or septic system.

(d) When a police officer disposes of, or chooses not to dispose of, medicine under this Section in good faith, the police officer, the local governmental agency, and its employees and agents, shall incur no liability, except for willful and wanton conduct, as a result of any injury arising from the disposal or non-disposal of unused medications.

(e) This Section shall not apply to any unused medications a police officer takes into custody as part of any investigation into a crime.

(f) The Board shall adopt rules and minimum standards for local governmental agencies who authorize police officers to dispose of any unused medications consistent with the provisions of this Section.

Section 15. The Counties Code is amended by adding Section 3-3045 as follows:

(55 ILCS 5/3-3045 new)

Sec. 3-3045. Disposal of medications.

(a) As used in this Section:

"Law enforcement agency" means any federal, State, or local law enforcement agency, including a State's Attorney and the Attorney General.

"Public wastewater collection system" means any wastewater collection system regulated by the Environmental Protection Agency.

"Unused medication" means medication that has been purchased or dispensed for a deceased individual's care and that is in a solid or liquid form. "Unused medication" includes, but is not limited to, patches, pills, tablets, capsules, and caplets.

(b) Notwithstanding any provision of law to the contrary, a coroner or medical examiner may dispose of any unused medications found at the scene of a death the coroner or medical examiner is investigating. The coroner or medical examiner may dispose of the unused medications in any receptacle for unused medications as described under Section 17 of the Safe Pharmaceutical Disposal Act or another State or federally-approved medicine take-back program or location. A coroner or medical examiner may only dispose of any unused medications under this subsection after consulting with any investigating law enforcement agency to ensure that the unused medications will not be taken as evidence in any investigation.

(c) Except for medications contained in intravenous fluids, syringes, or transdermal patches, a coroner or medical examiner may not discharge, dispose of, flush, pour, or empty any unused medication into a public wastewater collection system or septic system.

(d) When a coroner or medical examiner disposes of, or chooses not to dispose of, medicine under this Section in good faith, the coroner or medical examiner, and his or her employees and agents, shall incur no liability, except for willful and wanton conduct, as a result of any injury arising from the disposal or non-disposal of unused medications.

Section 20. The Safe Pharmaceutical Disposal Act is amended by changing Section 5 as follows:

(210 ILCS 150/5)

Sec. 5. Definitions. In this Act:

"Health care institution" means any public or private institution or agency licensed or certified by State law to provide health care. The term includes hospitals, nursing homes, residential health care facilities, home health care agencies, hospice programs operating in this State, institutions, facilities, or agencies that provide services to persons with mental health illnesses, and institutions, facilities, or agencies that provide services for persons with developmental disabilities.

"Public wastewater collection system" means any wastewater collection system regulated by the Environmental Protection Agency.

"Unused medication" means any unopened, expired, or excess (including medication unused as a result of the death of the person) medication that has been dispensed for patient or resident care and that is in a solid form. The term includes pills, tablets, capsules, and caplets. For long-term care facilities licensed under the Nursing Home Care Act, "unused medication" does not include any Schedule II controlled substance under federal law in any form, until such time as the federal Drug Enforcement Administration adopts regulations that permit these facilities to dispose of controlled substances in a manner consistent with this Act.

(Source: P.A. 96-221, eff. 1-1-10.)

Section 25. The Medical Practice Act of 1987 is amended by adding Section 50-41 as follows:

(225 ILCS 60/50-41 new)

Sec. 50-41. Disposal of medications; civil liability.

(a) As used in this Section:

"Law enforcement agency" means any federal, State, or local law enforcement agency, including a State's Attorney and the Attorney General.

"Public wastewater collection system" means any wastewater collection system regulated by the Environmental Protection Agency.

"Unused medication" means medication that has been purchased or dispensed for a deceased individual's care and that is in a solid or liquid form. "Unused medication" includes, but is not limited to, patches, pills, tablets, capsules, and caplets.

(b) Notwithstanding any provision of law to the contrary, a physician may dispose of any unused medications found at the scene of a death the physician is present at while engaged in the performance of his or her duties as a physician. The physician may dispose of the unused medications in any receptacle for unused medications as described under Section 17 of the Safe Pharmaceutical Disposal Act or another State or federally-approved medicine take-back program or location. A physician may only dispose of any unused medications under this subsection after consulting with any investigating law enforcement agency to ensure that the unused medications will not be taken as evidence in any investigation.

(c) Except for medications contained in intravenous fluids, syringes, or transdermal patches, a physician may not discharge, dispose of, flush, pour, or empty any unused medication into a public wastewater collection system or septic system.

(d) When a physician disposes of, or chooses not to dispose of, medicine under this Section in good faith, the physician, and his or her employer, employees, and agents, shall incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the disposal or non-disposal of unused medications.

Section 30. The Nurse Practice Act is amended by adding Section 80 as follows:

(225 ILCS 65/80 new)

Sec. 80. Disposal of medications; civil liability.

(a) As used in this Section:

"Law enforcement agency" means any federal, State, or local law enforcement agency, including offices of any States Attorney and the Office of the Attorney General.

"Nurse" means an advanced practice nurse, licensed practical nurse, or Registered Nurse.

"Public wastewater collection system" means any wastewater collection system regulated by the Environmental Protection Agency.

"Unused medication" means medication that has been purchased or dispensed for a deceased individual's care and that is in a solid or liquid form. "Unused medication" includes, but is not limited to patches, pills, tablets, capsules, and caplets.

(b) Notwithstanding any provision of law to the contrary, a nurse may dispose of any unused medications found at the scene of a death the nurse is present at while engaged in the performance of his or her duties as a nurse. The nurse may dispose of the unused medications in any receptacle for unused medications as described under Section 17 of the Safe Pharmaceutical Disposal Act or another State or federally-approved medicine take-back program or location. A nurse may only dispose of any unused medications under this subsection after consulting with any investigating law enforcement agency to ensure that the unused medications will not be taken as evidence in any investigation.

(c) Except for medications contained in intravenous fluids, syringes, or transdermal patches, a nurse may not discharge, dispose of, flush, pour, or empty any unused medication into a public wastewater collection system or septic system.

(d) When a nurse disposes of, or chooses not to dispose of, medicine under this Section in good faith, the nurse, and his or her employer, employees, and agents, shall incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the disposal or non-disposal of unused medications.