Rep. Michelle Mussman

Filed: 3/21/2023

 

 


 

 


 
10300HB2118ham002LRB103 26835 RLC 59780 a

1
AMENDMENT TO HOUSE BILL 2118

2    AMENDMENT NO. ______. Amend House Bill 2118 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 3.458 as follows:
 
6    (415 ILCS 5/3.458)
7    Sec. 3.458. Sharps collection station.
8    (a) "Sharps collection station" means a designated area at
9an applicable facility where (i) hypodermic, intravenous, or
10other medical needles or syringes or other sharps, or (ii)
11medical household waste containing medical sharps, including,
12but not limited to, hypodermic, intravenous, or other medical
13needles or syringes or other sharps, are collected for
14transport, storage, treatment, transfer, or disposal.
15    (b) For purposes of this Section, "applicable facility"
16means any of the following:

 

 

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1        (1) A hospital.
2        (2) An ambulatory surgical treatment center,
3    physician's office, clinic, or other setting where a
4    physician provides care.
5        (3) A pharmacy employing a registered pharmacist.
6        (4) The principal place of business of any government
7    official who is collecting for transport, storage,
8    treatment, transfer, or disposal authorized under Section
9    1 of the Hypodermic Syringes and Needles Act (720 ILCS
10    635/) to possess hypodermic, intravenous, or other medical
11    needles, or hypodermic or intravenous syringes, by reason
12    of his or her official duties.
13(Source: P.A. 94-641, eff. 8-22-05.)
 
14    Section 10. The Hypodermic Syringes and Needles Act is
15amended by changing Sections 1 and 2 as follows:
 
16    (720 ILCS 635/1)  (from Ch. 38, par. 22-50)
17    Sec. 1. Possession of hypodermic syringes and needles.
18    (a) (Blank). Except as provided in subsection (b), no
19person, not being a physician, dentist, chiropodist or
20veterinarian licensed under the laws of this State or of the
21state where he resides, or a registered professional nurse, or
22a registered embalmer, manufacturer or dealer in embalming
23supplies, wholesale druggist, manufacturing pharmacist,
24registered pharmacist, manufacturer of surgical instruments,

 

 

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1industrial user, official of any government having possession
2of the articles hereinafter mentioned by reason of his or her
3official duties, nurse or a medical laboratory technician
4acting under the direction of a physician or dentist, employee
5of an incorporated hospital acting under the direction of its
6superintendent or officer in immediate charge, or a carrier or
7messenger engaged in the transportation of the articles, or
8the holder of a permit issued under Section 5 of this Act, or a
9farmer engaged in the use of the instruments on livestock, or a
10person engaged in chemical, clinical, pharmaceutical or other
11scientific research, or a staff person, volunteer, or
12participant in a needle or hypodermic syringe access program,
13shall have in his or her possession a hypodermic syringe,
14hypodermic needle, or any instrument adapted for the use of
15controlled substances or cannabis by subcutaneous injection.
16    (b) A person who is at least 18 years of age may purchase
17from any supplier a pharmacy and have in his or her possession
18any amount of up to 100 hypodermic syringes or needles.
19(Source: P.A. 100-326, eff. 1-1-18; 101-356, eff. 8-9-19.)
 
20    (720 ILCS 635/2)  (from Ch. 38, par. 22-51)
21    Sec. 2. Sale of hypodermic syringes and needles.
22    (a) (Blank). Except as provided in subsection (b), no
23syringe, needle or instrument shall be delivered or sold to,
24or exchanged with, any person except a registered pharmacist,
25physician, dentist, veterinarian, registered embalmer,

 

 

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1manufacturer or dealer in embalming supplies, wholesale
2druggist, manufacturing pharmacist, industrial user, a nurse
3upon the written order of a physician or dentist, the holder of
4a permit issued under Section 5 of this Act, a registered
5chiropodist, or an employee of an incorporated hospital upon
6the written order of its superintendent or officer in
7immediate charge; provided that the provisions of this Act
8shall not prohibit the sale, possession or use of hypodermic
9syringes or hypodermic needles for treatment of livestock or
10poultry by the owner or keeper thereof or a person engaged in
11chemical, clinical, pharmaceutical or other scientific
12research, or a staff person, volunteer, or participant in a
13needle or hypodermic syringe access program.
14    (b) Any supplier A pharmacist may sell any amount of up to
15100 sterile hypodermic syringes or needles to any a person who
16is at least 18 years of age. A syringe or needle sold under
17this subsection (b) must be stored at a pharmacy and in a
18manner that limits access to the syringes or needles to
19pharmacists employed at the pharmacy and any persons
20designated by the pharmacists. A syringe or needle sold at a
21pharmacy under this subsection (b) may be sold only from the
22pharmacy department of the pharmacy.
23(Source: P.A. 100-326, eff. 1-1-18; 101-356, eff. 8-9-19.)
 
24    (720 ILCS 635/5 rep.)
25    Section 15. The Hypodermic Syringes and Needles Act is

 

 

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1amended by repealing Section 5.".