| ||||
| Public Act 100-0250 | ||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Safe Pharmaceutical Disposal Act is amended | ||||
by changing Section 17 as follows: | ||||
(210 ILCS 150/17) | ||||
Sec. 17. Pharmaceutical disposal. Notwithstanding any
| ||||
provision of law, any county or city, village, or municipality | ||||
may
authorize the use of its city hall, or police department, | ||||
or any other facility under the county's or municipality's | ||||
control to
display a container suitable for use as a receptacle | ||||
for used,
expired, or unwanted pharmaceuticals. These used, | ||||
expired, or
unwanted pharmaceuticals may include unused | ||||
medication and prescription drugs, as well as controlled | ||||
substances if collected in accordance with federal law. This
| ||||
receptacle shall only permit the deposit of items, and the
| ||||
contents shall be locked and secured. The container shall be
| ||||
accessible to the public and shall have posted clearly legible
| ||||
signage indicating that expired or unwanted prescription drugs
| ||||
may be disposed of in the receptacle. The county or | ||||
municipality shall provide continuous or regular notice to the | ||||
public regarding the availability of the receptacle. To the | ||||
extent allowed under federal law, pharmaceuticals collected | ||||
under this Section may be disposed of in a drug destruction | ||
device, as defined in Section 22.58 of the Environmental | ||
Protection Act.
| ||
(Source: P.A. 99-480, eff. 9-9-15.) | ||
Section 10. The Environmental Protection Act is amended by | ||
changing Section 22.58 as follows: | ||
(415 ILCS 5/22.58) | ||
Sec. 22.58. Drug destruction by law enforcement agency. | ||
(a) For purposes of this Section: | ||
"Drug destruction device" means a device that is (i) | ||
designed by its manufacturer to destroy drug evidence and | ||
render it non-retrievable and (ii) used exclusively for that | ||
purpose or, to the extent allowed under federal law, to destroy | ||
pharmaceuticals collected under Section 17 of the Safe | ||
Pharmaceutical Disposal Act. | ||
"Drug evidence" means any illegal drug collected as | ||
evidence by a law enforcement agency. "Drug evidence" does not | ||
include hazardous waste. | ||
"Illegal drug" means any one or more of the following when | ||
obtained without a prescription or otherwise in violation of | ||
the law: | ||
(1) any substance as defined and included in the | ||
Schedules of Article II of the Illinois Controlled | ||
Substances Act; | ||
(2) any cannabis as defined in Section 3 of the | ||
Cannabis Control Act; or | ||
(3) any drug as defined in paragraph (b) of Section 3 | ||
of the Pharmacy Practice Act. | ||
"Law enforcement agency" means an agency of this State or | ||
unit of local government that is vested by law or ordinance | ||
with the duty to maintain public order and to enforce criminal | ||
laws or ordinances. | ||
"Non-retrievable" means the condition or state following a | ||
process that permanently alters the illegal drug's physical or | ||
chemical condition or state through irreversible means and | ||
thereby renders the illegal drug unavailable and unusable for | ||
all practical purposes. | ||
(b) To the extent allowed under federal law, drug evidence | ||
that is placed into a drug destruction device by a law | ||
enforcement agency at the location where the evidence is stored | ||
by the agency and that is destroyed under the supervision of | ||
the agency in accordance with the specifications of the device | ||
manufacturer shall not be considered discarded or a waste under | ||
this Act until it is rendered non-retrievable.
| ||
(Source: P.A. 99-60, eff. 7-16-15.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||