Full Text of HB2277 95th General Assembly
HB2277ham003 95TH GENERAL ASSEMBLY
|
Rep. Naomi D. Jakobsson
Filed: 2/15/2008
|
|
09500HB2277ham003 |
|
LRB095 01301 BDD 46382 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 2277
| 2 |
| AMENDMENT NO. ______. Amend House Bill 2277, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 1. Short title. This Act may be cited as the | 6 |
| Prescription and Consumer Drug and Sharps Disposal Act. | 7 |
| Section 5. Definitions. For purposes of this Act: | 8 |
| (a) "Agency" means the Illinois Environmental Protection | 9 |
| Agency. | 10 |
| (b) "Consumer" means an individual purchaser or owner of a | 11 |
| drug. "Consumer" does not include a business, corporation, | 12 |
| limited partnership, or any entity involved in a wholesale | 13 |
| transaction between a distributor and retailer. | 14 |
| (c) "Controlled substance" has the same meaning as provided | 15 |
| in subsection (f) of Section 102 of the Illinois Controlled | 16 |
| Substances Act. |
|
|
|
09500HB2277ham003 |
- 2 - |
LRB095 01301 BDD 46382 a |
|
| 1 |
| (d) "Drug" means any of the following: | 2 |
| (1) Articles recognized in the official United States | 3 |
| Pharmacopoeia, or any supplement thereof, the official | 4 |
| National Formulary, or any supplement thereof, or the | 5 |
| official Homeopathic Pharmacopoeia of the United States, | 6 |
| or any supplement thereof. | 7 |
| (2) Articles intended for use in the diagnosis, cure, | 8 |
| mitigation, treatment, or prevention of disease in humans | 9 |
| or other animals. | 10 |
| (3) Articles, excluding food, intended to affect the | 11 |
| structure or any function of the body of humans or other | 12 |
| animals. | 13 |
| (4) Articles intended for use as a component of any | 14 |
| article specified in items (1), (2), or (3) of this | 15 |
| subsection. | 16 |
| (e) "Pharmacy" or "authorized pharmacy" means any pharmacy | 17 |
| registered in this State under the Pharmacy Practice Act of | 18 |
| 1987. | 19 |
| (f) "Sale" includes, but is not limited to, transactions | 20 |
| conducted through sales outlets, catalogs, the Internet, or any | 21 |
| other similar electronic means. "Sale" does not include any | 22 |
| sale that is a wholesale transaction involving a distributor or | 23 |
| retailer. | 24 |
| (g) "Sharps collection station" has the meaning set forth | 25 |
| under Section 3.458 of the Environmental Protection Act. |
|
|
|
09500HB2277ham003 |
- 3 - |
LRB095 01301 BDD 46382 a |
|
| 1 |
| Section 10. Prescription and Consumer Drug and Sharps | 2 |
| Disposal Pilot Program. To reduce the improper disposal of | 3 |
| prescription and consumer drugs in this State, the Agency, in | 4 |
| collaboration with the Department of Public Health and the | 5 |
| Department of Financial and Professional Regulation, shall | 6 |
| implement a Prescription and Consumer Drug and Sharps Disposal | 7 |
| Pilot Program through which prescription and consumer drugs may | 8 |
| be disposed of by safe and environmentally sound methods. The | 9 |
| Agency, by rule, shall determine which drugs are eligible for | 10 |
| the take-back disposal program. The pilot program shall be | 11 |
| conducted for a period of at least one year in at least 2 | 12 |
| counties in the State. | 13 |
| Upon termination of the pilot program under this Section, | 14 |
| the Agency may adopt additional rules to extend, indefinitely, | 15 |
| the Prescription and Consumer Drug and Sharps Disposal Program | 16 |
| to additional counties in the State.
| 17 |
| Section 15. Collection and disposal. | 18 |
| (a) Beginning July 1, 2008 and continuing through July 1, | 19 |
| 2009, each authorized pharmacy and retail establishment that | 20 |
| contains an authorized pharmacy located in a county that is | 21 |
| participating in the pilot program shall have in place a system | 22 |
| for safe and secure acceptance and collection of eligible drugs | 23 |
| from consumers for the proper disposal of those drugs and shall | 24 |
| have a sharps collection station available. | 25 |
| (b) A system for safe and secure acceptance and collection |
|
|
|
09500HB2277ham003 |
- 4 - |
LRB095 01301 BDD 46382 a |
|
| 1 |
| of drugs and sharps for proper disposal shall, at a minimum, | 2 |
| include all of the following elements: | 3 |
| (1) The take-back, at no cost to the consumer, of any | 4 |
| eligible drug of a type or brand that the retailer sold or | 5 |
| had sold. | 6 |
| (2) A sharps collection station that is available to | 7 |
| any person regardless of where the sharps were sold or | 8 |
| obtained. | 9 |
| (3) A conspicuous notice to consumers that includes | 10 |
| informational materials, including, but not limited to, an | 11 |
| Internet website link or a telephone number, placed on the | 12 |
| invoice or purchase order, or otherwise provided with the | 13 |
| packaged drug by the dispensing pharmacy or retailer, that | 14 |
| provides information necessary to access additional | 15 |
| information about the opportunities and locations for | 16 |
| no-cost drug recycling. | 17 |
| (4) Information about drug return opportunities and | 18 |
| sharps collection provided by the pharmacy or retailer that | 19 |
| encourages consumers to use those opportunities. This | 20 |
| information may include, but is not limited to, one or more | 21 |
| of the following: | 22 |
| (A) Signage that is prominently displayed and | 23 |
| easily visible to the consumer. | 24 |
| (B) Written materials provided to the consumer at | 25 |
| the time of purchase or delivery, or both. | 26 |
| (C) Reference to the drug take-back opportunity in |
|
|
|
09500HB2277ham003 |
- 5 - |
LRB095 01301 BDD 46382 a |
|
| 1 |
| that retailer's advertising or other promotional | 2 |
| materials, or both. | 3 |
| (D) Direct communications with the consumer at the | 4 |
| time of purchase. | 5 |
| (c) Any retailer or pharmacy with an independent drug | 6 |
| disposal program that is consistent with the pilot program and | 7 |
| is in place on or before July 1, 2008 and remains in effect | 8 |
| through July 1, 2009 shall be deemed in compliance with this | 9 |
| Act. | 10 |
| (d) The Agency may adopt rules to include controlled | 11 |
| substances in the Prescription and Consumer Drug Disposal Pilot | 12 |
| Program only to the extent allowed by federal and State law.".
|
|