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Public Act 100-0345
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| HB0706 Enrolled | LRB100 05394 MJP 15405 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Safe Pharmaceutical Disposal Act is amended |
by changing Sections 5 and 18 as follows:
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(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. |
"Law enforcement agency" means any federal, State, or local |
law enforcement agency, including a State's Attorney and the |
Attorney General. |
"Nurse" means an advanced practice nurse, registered |
nurse, or licensed practical nurse licensed under the Nurse |
Practice Act. |
"Public wastewater collection system" means any wastewater |
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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 |
patient) 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.
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(Source: P.A. 99-648, eff. 1-1-17.)
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(210 ILCS 150/18) |
Sec. 18. Unused medications at the scene of a death. |
(a) Notwithstanding any provision of law to the contrary, |
the Department of State Police 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. |
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 needed as evidence in any |
investigation. This Section shall not apply to any unused |
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medications a State Police officer takes into custody as part |
of any investigation into a crime. |
(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. 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 needed as |
evidence in any investigation. This Section shall not apply to |
any unused medications a police officer takes into custody as |
part of any investigation into a crime. |
(c) 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. 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 needed as evidence in any investigation. |
(d) Any disposal under this Section shall be in accordance |
with Section 17 of this Act or another State or federally |
approved medication take-back program or location. |
(e) This Section shall not apply to prescription drugs for |
which the United States Food and Drug Administration created a |
Risk Evaluation and Mitigation Strategy for under the Food and |
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Drug Administration Amendments Act of 2007. |
(f) Nothing in this Section shall be construed to require a |
search of the scene for unused medications. |
(g) Prior to disposal of any medication collected as |
evidence in a criminal investigation under this Section, a |
State Police officer, police officer, coroner, or medical |
examiner shall photograph the unused medication and its |
container or packaging, if available; document the number or |
amount of medication to be disposed; and include the |
photographs and documentation in the police report, coroner |
report, or medical examiner report. |
(h) If an autopsy is performed as part of a death |
investigation, no medication seized under this Section shall be |
disposed of until after a toxicology report is received by the |
entity requesting the report.
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(i) If a police officer, State Police officer, coroner, or |
medical examiner is not present at the scene of a death, a |
nurse may dispose of any unused medications found at the scene |
of a death the nurse is present at while engaging in the |
performance of his or her duties. A nurse may dispose of any |
unused medications under this subsection only after consulting |
with any investigating law enforcement agency to ensure that |
the unused medications will not be needed as evidence in an |
investigation. |
(j) When an individual authorized to dispose of unused |
medication under this Section disposes of unused medication |