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Rep. Jack McGuire
Filed: 4/25/2007
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LRB095 01301 CMK 35490 a |
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| AMENDMENT TO HOUSE BILL 2277
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| AMENDMENT NO. ______. Amend House Bill 2277 by replacing |
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| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the |
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| Prescription Drug Disposal Act. |
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| Section 5. Definitions. For purposes of this article: |
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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) "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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LRB095 01301 CMK 35490 a |
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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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| (d) "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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| (e) "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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| Section 10. Prescription Drug Disposal Pilot Program. To |
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| reduce the improper disposal of prescription drugs in this |
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| State, the Agency, in collaboration with the Department of |
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| Public Health and the Department of Financial and Professional |
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| Regulation, shall implement a Prescription Drug Disposal Pilot |
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| Program through which prescription drugs may be disposed of by |
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| safe and environmentally sound methods. The pilot program shall |
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| be 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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| Section 15. Collection and disposal. |
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| (a) Beginning July 1, 2008 and continuing through July 1, |
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| 2009, every authorized pharmacy or retailer that contains an |
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| authorized pharmacy located in a county that is participating |
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| in the pilot program shall have in place a system for safe and |
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| secure acceptance and collection of drugs for proper disposal. |
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| (b) A system for safe and secure acceptance and collection |
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| of drugs for proper disposal shall, at a minimum, include all |
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| of the following elements: |
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| (1) The take-back, at no cost to the consumer, of any |
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| drug of a type or brand that the retailer sold or had sold. |
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| (2) A conspicuous notice to consumers that shall |
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| include informational materials, including, but not |
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| limited to, Internet website links or a telephone number, |
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| placed on the invoice or purchase order, or packaged with |
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| the drug, that provides information necessary to access |
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| additional information about the opportunities and |
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| locations for no-cost drug recycling. |
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| (3) Information about drug return opportunities |
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| provided by the retailer that encourages consumers to use |
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| those opportunities. This information may include, but is |
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| not limited to, one or more of the following: |
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LRB095 01301 CMK 35490 a |
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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 |
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| prescription drug disposal program that is consistent with the |
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| pilot program and is in place on or before July 1, 2008 and |
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| remains in effect through July 1, 2009 shall be deemed in |
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| compliance with this Act.".
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