HB0706 EnrolledLRB100 05394 MJP 15405 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Safe Pharmaceutical Disposal Act is amended
5by changing Sections 5 and 18 as follows:
 
6    (210 ILCS 150/5)
7    Sec. 5. Definitions. In this Act:
8    "Health care institution" means any public or private
9institution or agency licensed or certified by State law to
10provide health care. The term includes hospitals, nursing
11homes, residential health care facilities, home health care
12agencies, hospice programs operating in this State,
13institutions, facilities, or agencies that provide services to
14persons with mental health illnesses, and institutions,
15facilities, or agencies that provide services for persons with
16developmental disabilities.
17    "Law enforcement agency" means any federal, State, or local
18law enforcement agency, including a State's Attorney and the
19Attorney General.
20    "Nurse" means an advanced practice nurse, registered
21nurse, or licensed practical nurse licensed under the Nurse
22Practice Act.
23    "Public wastewater collection system" means any wastewater

 

 

HB0706 Enrolled- 2 -LRB100 05394 MJP 15405 b

1collection system regulated by the Environmental Protection
2Agency.
3    "Unused medication" means any unopened, expired, or excess
4(including medication unused as a result of the death of the
5patient) medication that has been dispensed for patient or
6resident care and that is in a solid form. The term includes
7pills, tablets, capsules, and caplets. For long-term care
8facilities licensed under the Nursing Home Care Act, "unused
9medication" does not include any Schedule II controlled
10substance under federal law in any form, until such time as the
11federal Drug Enforcement Administration adopts regulations
12that permit these facilities to dispose of controlled
13substances in a manner consistent with this Act.
14(Source: P.A. 99-648, eff. 1-1-17.)
 
15    (210 ILCS 150/18)
16    Sec. 18. Unused medications at the scene of a death.
17    (a) Notwithstanding any provision of law to the contrary,
18the Department of State Police may by rule authorize State
19Police officers to dispose of any unused medications found at
20the scene of a death the State Police officer is investigating.
21A State Police officer may only dispose of any unused
22medications under this subsection after consulting with any
23other investigating law enforcement agency to ensure that the
24unused medications will not be needed as evidence in any
25investigation. This Section shall not apply to any unused

 

 

HB0706 Enrolled- 3 -LRB100 05394 MJP 15405 b

1medications a State Police officer takes into custody as part
2of any investigation into a crime.
3    (b) Notwithstanding any provision of law to the contrary, a
4local governmental agency may authorize police officers to
5dispose of any unused medications found at the scene of a death
6a police officer is investigating. A police officer may only
7dispose of any unused medications under this subsection after
8consulting with any other investigating law enforcement agency
9to ensure that the unused medications will not be needed as
10evidence in any investigation. This Section shall not apply to
11any unused medications a police officer takes into custody as
12part of any investigation into a crime.
13    (c) Notwithstanding any provision of law to the contrary, a
14coroner or medical examiner may dispose of any unused
15medications found at the scene of a death the coroner or
16medical examiner is investigating. A coroner or medical
17examiner may only dispose of any unused medications under this
18subsection after consulting with any investigating law
19enforcement agency to ensure that the unused medications will
20not be needed as evidence in any investigation.
21    (d) Any disposal under this Section shall be in accordance
22with Section 17 of this Act or another State or federally
23approved medication take-back program or location.
24    (e) This Section shall not apply to prescription drugs for
25which the United States Food and Drug Administration created a
26Risk Evaluation and Mitigation Strategy for under the Food and

 

 

HB0706 Enrolled- 4 -LRB100 05394 MJP 15405 b

1Drug Administration Amendments Act of 2007.
2    (f) Nothing in this Section shall be construed to require a
3search of the scene for unused medications.
4    (g) Prior to disposal of any medication collected as
5evidence in a criminal investigation under this Section, a
6State Police officer, police officer, coroner, or medical
7examiner shall photograph the unused medication and its
8container or packaging, if available; document the number or
9amount of medication to be disposed; and include the
10photographs and documentation in the police report, coroner
11report, or medical examiner report.
12    (h) If an autopsy is performed as part of a death
13investigation, no medication seized under this Section shall be
14disposed of until after a toxicology report is received by the
15entity requesting the report.
16    (i) If a police officer, State Police officer, coroner, or
17medical examiner is not present at the scene of a death, a
18nurse may dispose of any unused medications found at the scene
19of a death the nurse is present at while engaging in the
20performance of his or her duties. A nurse may dispose of any
21unused medications under this subsection only after consulting
22with any investigating law enforcement agency to ensure that
23the unused medications will not be needed as evidence in an
24investigation.
25    (j) When an individual authorized to dispose of unused
26medication under this Section disposes of unused medication

 

 

HB0706 Enrolled- 5 -LRB100 05394 MJP 15405 b

1under this Section in good faith, the individual, and his or
2her employer, employees, and agents, shall incur no criminal
3liability or professional discipline.
4(Source: P.A. 99-648, eff. 1-1-17.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.