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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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