HB1338 EngrossedLRB100 03046 RPS 13051 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 10 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



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1collection system regulated by the Environmental Protection
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 liquid or solid form. The term
7includes, but is not limited to, suspensions, pills, tablets,
8capsules, and caplets. For long-term care facilities licensed
9under the Nursing Home Care Act, "unused medication" does not
10include any Schedule II controlled substance under federal law
11in any form, until such time as the federal Drug Enforcement
12Administration adopts regulations that permit these facilities
13to dispose of controlled substances in a manner consistent with
14this Act.
15(Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17.)
16    (210 ILCS 150/10)
17    Sec. 10. Disposal of unused medications prohibited.
18    (a) Except for medications contained in intraperitoneal
19solutions, intravenous fluids, syringes, or transdermal
20patches, no health care institution, nor any employee, staff
21person, contractor, or other person acting under the direction
22or supervision of a health care institution, may discharge,
23dispose of, flush, pour, or empty any unused medication into a
24public wastewater collection system or septic system.
25    (b) A violation of this Section is a petty offense subject



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1to a fine of $500. Fines collected under this Act from
2facilities licensed under the Nursing Home Care Act shall be
3deposited into the Long Term Care Monitor/Receiver Fund. Fines
4collected from all other health care institutions under this
5Act shall be deposited into the Environmental Protection Trust
7(Source: P.A. 96-221, eff. 1-1-10.)