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Rep. Naomi D. Jakobsson
Filed: 2/15/2008
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09500HB2277ham003 |
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LRB095 01301 BDD 46382 a |
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| AMENDMENT TO HOUSE BILL 2277
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| AMENDMENT NO. ______. Amend House Bill 2277, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 1. Short title. This Act may be cited as the |
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| Prescription and Consumer Drug and Sharps Disposal Act. |
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| Section 5. Definitions. For purposes of this Act: |
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| (a) "Agency" means the Illinois Environmental Protection |
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| Agency. |
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| (b) "Consumer" means an individual purchaser or owner of a |
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| drug. "Consumer" does not include a business, corporation, |
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| limited partnership, or any entity involved in a wholesale |
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| transaction between a distributor and retailer. |
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| (c) "Controlled substance" has the same meaning as provided |
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| in subsection (f) of Section 102 of the Illinois Controlled |
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| Substances Act. |
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LRB095 01301 BDD 46382 a |
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| (d) "Drug" means any of the following: |
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| (1) Articles recognized in the official United States |
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| Pharmacopoeia, or any supplement thereof, the official |
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| National Formulary, or any supplement thereof, or the |
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| official Homeopathic Pharmacopoeia of the United States, |
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| or any supplement thereof. |
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| (2) Articles intended for use in the diagnosis, cure, |
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| mitigation, treatment, or prevention of disease in humans |
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| or other animals. |
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| (3) Articles, excluding food, intended to affect the |
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| structure or any function of the body of humans or other |
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| animals. |
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| (4) Articles intended for use as a component of any |
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| article specified in items (1), (2), or (3) of this |
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| subsection. |
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| (e) "Pharmacy" or "authorized pharmacy" means any pharmacy |
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| registered in this State under the Pharmacy Practice Act of |
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| 1987. |
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| (f) "Sale" includes, but is not limited to, transactions |
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| conducted through sales outlets, catalogs, the Internet, or any |
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| other similar electronic means. "Sale" does not include any |
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| sale that is a wholesale transaction involving a distributor or |
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| retailer. |
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| (g) "Sharps collection station" has the meaning set forth |
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| under Section 3.458 of the Environmental Protection Act. |
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LRB095 01301 BDD 46382 a |
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| Section 10. Prescription and Consumer Drug and Sharps |
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| Disposal Pilot Program. To reduce the improper disposal of |
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| prescription and consumer drugs in this State, the Agency, in |
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| collaboration with the Department of Public Health and the |
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| Department of Financial and Professional Regulation, shall |
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| implement a Prescription and Consumer Drug and Sharps Disposal |
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| Pilot Program through which prescription and consumer drugs may |
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| be disposed of by safe and environmentally sound methods. The |
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| Agency, by rule, shall determine which drugs are eligible for |
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| the take-back disposal program. The pilot program shall be |
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| conducted for a period of at least one year in at least 2 |
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| counties in the State. |
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| Upon termination of the pilot program under this Section, |
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| the Agency may adopt additional rules to extend, indefinitely, |
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| the Prescription and Consumer Drug and Sharps Disposal Program |
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| to additional counties in the State.
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| Section 15. Collection and disposal. |
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| (a) Beginning July 1, 2008 and continuing through July 1, |
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| 2009, each authorized pharmacy and retail establishment that |
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| contains an authorized pharmacy located in a county that is |
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| participating in the pilot program shall have in place a system |
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| for safe and secure acceptance and collection of eligible drugs |
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| from consumers for the proper disposal of those drugs and shall |
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| have a sharps collection station available. |
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| (b) A system for safe and secure acceptance and collection |
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LRB095 01301 BDD 46382 a |
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| of drugs and sharps for proper disposal shall, at a minimum, |
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| include all of the following elements: |
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| (1) The take-back, at no cost to the consumer, of any |
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| eligible drug of a type or brand that the retailer sold or |
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| had sold. |
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| (2) A sharps collection station that is available to |
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| any person regardless of where the sharps were sold or |
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| obtained. |
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| (3) A conspicuous notice to consumers that includes |
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| informational materials, including, but not limited to, an |
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| Internet website link or a telephone number, placed on the |
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| invoice or purchase order, or otherwise provided with the |
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| packaged drug by the dispensing pharmacy or retailer, that |
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| provides information necessary to access additional |
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| information about the opportunities and locations for |
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| no-cost drug recycling. |
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| (4) Information about drug return opportunities and |
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| sharps collection provided by the pharmacy or retailer that |
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| encourages consumers to use those opportunities. This |
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| information may include, but is not limited to, one or more |
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| of the following: |
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| (A) Signage that is prominently displayed and |
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| easily visible to the consumer. |
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| (B) Written materials provided to the consumer at |
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| the time of purchase or delivery, or both. |
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| (C) Reference to the drug take-back opportunity in |
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| that retailer's advertising or other promotional |
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| materials, or both. |
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| (D) Direct communications with the consumer at the |
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| time of purchase. |
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| (c) Any retailer or pharmacy with an independent drug |
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| disposal program that is consistent with the pilot program and |
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| is in place on or before July 1, 2008 and remains in effect |
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| through July 1, 2009 shall be deemed in compliance with this |
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| Act. |
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| (d) The Agency may adopt rules to include controlled |
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| substances in the Prescription and Consumer Drug Disposal Pilot |
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| Program only to the extent allowed by federal and State law.".
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