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Rep. Karen May
Filed: 5/19/2009
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09600SB1919ham002 |
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LRB096 10985 DRJ 27098 a |
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| AMENDMENT TO SENATE BILL 1919
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| AMENDMENT NO. ______. Amend Senate Bill 1919, AS AMENDED, |
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| by replacing everything after the enacting clause with the |
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| following:
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| "Section 1. Short title. This Act may be cited as the Safe |
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| Pharmaceutical Disposal Act.
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| Section 5. Definitions. In this Act: |
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| "Health care institution" means any public or private |
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| institution or agency licensed or certified by State law to |
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| provide health care. The term includes hospitals, nursing |
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| homes, residential health care facilities, home health care |
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| agencies, hospice programs operating in this State, |
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| institutions, facilities, or agencies that provide services to |
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| persons with mental health illnesses, and institutions, |
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| facilities, or agencies that provide services for persons with |
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| developmental disabilities. |
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09600SB1919ham002 |
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LRB096 10985 DRJ 27098 a |
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| "Public wastewater collection system" means any wastewater |
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| collection system regulated by the Environmental Protection |
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| Agency. |
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| "Unused medication" means any unopened, expired, or excess |
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| medication that has been dispensed for patient or resident care |
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| and that is in a solid form. The term includes pills, tablets, |
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| capsules, and caplets. For long-term care facilities licensed |
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| under the Nursing Home Care Act, "unused medication" does not |
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| include any Schedule II controlled substance under federal law |
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| in any form, until such time as the federal Drug Enforcement |
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| Administration adopts regulations that permit these facilities |
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| to dispose of controlled substances in a manner consistent with |
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| this Act.
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| Section 10. Disposal of unused medications prohibited. |
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| (a) Except for medications contained in intravenous |
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| fluids, syringes, or transdermal patches, no health care |
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| institution, nor any employee, staff person, contractor, or |
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| other person acting under the direction or supervision of a |
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| health care institution, may discharge, dispose of, flush, |
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| pour, or empty any unused medication into a public wastewater |
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| collection system or septic system. |
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| (b) A violation of this Section is a petty offense subject |
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| to a fine of $500. Fines collected under this Act from |
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| facilities licensed under the Nursing Home Care Act shall be |
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| deposited into the Long Term Care Monitor/Receiver Fund. Fines |
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LRB096 10985 DRJ 27098 a |
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| collected from all other health care institutions under this |
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| Act shall be deposited into the Environmental Protection Trust |
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| Fund.
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| Section 15. Health care institution protocols. Nursing |
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| homes, residential health care facilities, home health care |
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| agencies, hospice programs operating in this State, |
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| institutions, facilities, or agencies that provide services to |
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| persons with mental health illnesses, and institutions, |
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| facilities, or agencies that provide services for persons with |
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| developmental disabilities shall modify their written |
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| medication protocols to be consistent with the requirements of |
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| this Act.
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| Section 20. Oversight. Each agency having regulatory |
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| oversight responsibility for a type of health care institution |
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| as defined in this Act shall be responsible for ensuring those |
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| institutions' compliance with this Act.
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| Section 99. Effective date. This Act takes effect January |
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| 1, 2010.".
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