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Sen. Iris Y. Martinez
Filed: 3/12/2009
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LRB096 11549 DRJ 23275 a |
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| AMENDMENT TO SENATE BILL 2155
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| AMENDMENT NO. ______. Amend Senate Bill 2155 by replacing |
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| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the |
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| Unused Pharmaceuticals Disposal Program Act.
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| Section 5. Purpose and findings. The purpose of this Act is |
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| to ensure the safe, effective, and proper disposal of unused |
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| pharmaceuticals. For purposes of compliance with federal law |
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| and regulations, the return of pharmaceuticals under this Act |
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| is deemed to be for law enforcement purposes. The General |
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| Assembly finds that a convenient, safe, secure, and |
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| environmentally sound product stewardship program for the |
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| collection, transportation, and disposal of unwanted drugs |
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| from residential sources may help to avoid accidental |
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| poisonings, decrease illegitimate access to drugs that can lead |
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| to abuse, and protect our surface and groundwater.
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LRB096 11549 DRJ 23275 a |
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| Section 10. Definitions. In this Act: |
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| "Agency" means the Illinois Environmental Protection |
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| Agency. |
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| "Program" means the Unused Pharmaceuticals Disposal |
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| Program created under this Act.
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| Section 15. Program created. |
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| (a) The Agency shall create the Unused Pharmaceuticals |
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| Disposal Program for the return of unused pharmaceuticals. The |
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| program must use prepaid mailing envelopes into which the |
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| unused pharmaceuticals are placed and returned to a single |
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| collection location. The Agency must make the prepaid mailing |
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| envelopes available to the public at various locations, |
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| including, without limitation, pharmacies, physicians' |
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| offices, and post offices. |
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| (b) The Agency may randomly assess the toxicity of |
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| materials received under the program. The Agency must ensure, |
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| however, that the assessment results do not identify the |
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| patient for whom any unused pharmaceuticals were prescribed, |
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| the person who mailed the unused pharmaceuticals, the person |
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| who prescribed the unused pharmaceuticals, or the pharmacy that |
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| dispensed the unused pharmaceuticals.
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| Section 20. Disposal of pharmaceuticals. |
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| (a) The Agency shall ensure that only Agency employees |
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LRB096 11549 DRJ 23275 a |
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| handle the unused pharmaceuticals that are returned under the |
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| program. |
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| (b) The Agency shall ensure that the unused pharmaceuticals |
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| collected under the program are disposed of in a manner that is |
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| designed to be effective, secure, and in compliance with local, |
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| State, and federal environmental requirements, including the |
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| federal Resource Conservation and Recovery Act of 1976.
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| Section 25. Unused Pharmaceuticals Disposal Program Fund. |
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| The Unused Pharmaceuticals Disposal Program Fund is created as |
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| a special fund in the State treasury. The fund shall consist of |
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| moneys made available by public or private entities,
including, |
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| but not limited to, contracts, public or private financial
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| gifts, bequests, grants, or donations from individuals, |
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| corporations,
foundations, or public or private institutions |
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| of higher learning. Moneys in the fund shall be appropriated to |
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| the Agency for use in implementing this Act.
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| Section 30. The State Finance Act is amended by adding |
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| Section 5.719 as follows:
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| (30 ILCS 105/5.719 new) |
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| Sec. 5.719. The Unused Pharmaceuticals Disposal Program |
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| Fund.
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| Section 99. Effective date. This Act takes effect January |