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| 1 | AN ACT concerning government.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Safe Pharmaceutical Disposal Act is amended | ||||||
| 5 | by changing Section 17 as follows: | ||||||
| 6 | (210 ILCS 150/17) | ||||||
| 7 | Sec. 17. Pharmaceutical disposal. Notwithstanding any
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| 8 | provision of law, any city, village, or municipality may
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| 9 | authorize the use of its city hall or police department to
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| 10 | display a container suitable for use as a receptacle for used,
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| 11 | expired, or unwanted pharmaceuticals. These used, expired, or
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| 12 | unwanted pharmaceuticals may include unused medication and | ||||||
| 13 | prescription drugs, as well as controlled substances if | ||||||
| 14 | collected in accordance with federal law. This
receptacle shall | ||||||
| 15 | only permit the deposit of items, and the
contents shall be | ||||||
| 16 | locked and secured. The container shall be
accessible to the | ||||||
| 17 | public and shall have posted clearly legible
signage indicating | ||||||
| 18 | that expired or unwanted prescription drugs
may be disposed of | ||||||
| 19 | in the receptacle. Pharmaceuticals disposed of under this Act | ||||||
| 20 | may be destroyed in a drug destruction device in accordance | ||||||
| 21 | with Section 22.58 of the Environmental Protection Act.
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| 22 | (Source: P.A. 99-480, eff. 9-9-15.) | ||||||
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| 1 | Section 10. The Environmental Protection Act is amended by | ||||||
| 2 | changing Section 22.58 as follows: | ||||||
| 3 | (415 ILCS 5/22.58) | ||||||
| 4 | Sec. 22.58. Drug destruction by law enforcement agency. | ||||||
| 5 | (a) For purposes of this Section: | ||||||
| 6 | "Drug destruction device" means a device that is (i) | ||||||
| 7 | designed by its manufacturer to destroy drug evidence and | ||||||
| 8 | render it non-retrievable and (ii) used exclusively for that | ||||||
| 9 | purpose. | ||||||
| 10 | "Drug evidence" means any illegal drug collected as | ||||||
| 11 | evidence by a law enforcement agency or any used, expired, or | ||||||
| 12 | unwanted pharmaceuticals collected under the Safe | ||||||
| 13 | Pharmaceutical Disposal Act. "Drug evidence" does not include | ||||||
| 14 | hazardous waste. | ||||||
| 15 | "Illegal drug" means any one or more of the following when | ||||||
| 16 | obtained without a prescription or otherwise in violation of | ||||||
| 17 | the law: | ||||||
| 18 | (1) any substance as defined and included in the | ||||||
| 19 | Schedules of Article II of the Illinois Controlled | ||||||
| 20 | Substances Act; | ||||||
| 21 | (2) any cannabis as defined in Section 3 of the | ||||||
| 22 | Cannabis Control Act; or | ||||||
| 23 | (3) any drug as defined in paragraph (b) of Section 3 | ||||||
| 24 | of the Pharmacy Practice Act. | ||||||
| 25 | "Law enforcement agency" means an agency of this State or | ||||||
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| 1 | unit of local government that is vested by law or ordinance | ||||||
| 2 | with the duty to maintain public order and to enforce criminal | ||||||
| 3 | laws or ordinances. | ||||||
| 4 | "Non-retrievable" means the condition or state following a | ||||||
| 5 | process that permanently alters the illegal drug's physical or | ||||||
| 6 | chemical condition or state through irreversible means and | ||||||
| 7 | thereby renders the illegal drug unavailable and unusable for | ||||||
| 8 | all practical purposes. | ||||||
| 9 | (b) To the extent allowed under federal law, drug evidence | ||||||
| 10 | that is placed into a drug destruction device by a law | ||||||
| 11 | enforcement agency at the location where the evidence is stored | ||||||
| 12 | by the agency and that is destroyed under the supervision of | ||||||
| 13 | the agency in accordance with the specifications of the device | ||||||
| 14 | manufacturer shall not be considered discarded or a waste under | ||||||
| 15 | this Act until it is rendered non-retrievable.
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| 16 | (Source: P.A. 99-60, eff. 7-16-15.) | ||||||
| 17 | Section 99. Effective date. This Act takes effect upon | ||||||
| 18 | becoming law. | ||||||