Full Text of HB2277 95th General Assembly
HB2277ham004 95TH GENERAL ASSEMBLY
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Rep. Naomi D. Jakobsson
Filed: 2/21/2008
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| AMENDMENT TO HOUSE BILL 2277
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| AMENDMENT NO. ______. Amend House Bill 2277 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Prescription and Consumer Drug and Sharps Disposal Act. | 6 |
| Section 5. Definitions. For purposes of this Act: | 7 |
| (a) "Agency" means the Illinois Environmental Protection | 8 |
| Agency. | 9 |
| (b) "Consumer" means an individual purchaser or owner of a | 10 |
| drug. "Consumer" does not include a business, corporation, | 11 |
| limited partnership, or any entity involved in a wholesale | 12 |
| transaction between a distributor and retailer. | 13 |
| (c) "Controlled substance" has the same meaning as provided | 14 |
| in subsection (f) of Section 102 of the Illinois Controlled | 15 |
| Substances Act. | 16 |
| (d) "Drug" means any of the following: |
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| (1) Articles recognized in the official United States | 2 |
| Pharmacopoeia, or any supplement thereof, the official | 3 |
| National Formulary, or any supplement thereof, or the | 4 |
| official Homeopathic Pharmacopoeia of the United States, | 5 |
| or any supplement thereof. | 6 |
| (2) Articles intended for use in the diagnosis, cure, | 7 |
| mitigation, treatment, or prevention of disease in humans | 8 |
| or other animals. | 9 |
| (3) Articles, excluding food, intended to affect the | 10 |
| structure or any function of the body of humans or other | 11 |
| animals. | 12 |
| (4) Articles intended for use as a component of any | 13 |
| article specified in items (1), (2), or (3) of this | 14 |
| subsection. | 15 |
| (e) "Pharmacy" or "authorized pharmacy" means any pharmacy | 16 |
| registered in this State under the Pharmacy Practice Act of | 17 |
| 1987. | 18 |
| (f) "Sale" includes, but is not limited to, transactions | 19 |
| conducted through sales outlets, catalogs, the Internet, or any | 20 |
| other similar electronic means. "Sale" does not include any | 21 |
| sale that is a wholesale transaction involving a distributor or | 22 |
| retailer. | 23 |
| (g) "Sharps collection station" has the meaning set forth | 24 |
| under Section 3.458 of the Environmental Protection Act. | 25 |
| Section 10. Prescription and Consumer Drug and Sharps |
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| Disposal Pilot Program. To reduce the improper disposal of | 2 |
| prescription and consumer drugs in this State, the Agency, in | 3 |
| collaboration with the Department of Public Health and the | 4 |
| Department of Financial and Professional Regulation, shall | 5 |
| implement a Prescription and Consumer Drug and Sharps Disposal | 6 |
| Pilot Program through which prescription and consumer drugs may | 7 |
| be disposed of by safe and environmentally sound methods. The | 8 |
| Agency shall determine which drugs are eligible for the | 9 |
| take-back disposal program. The pilot program shall be | 10 |
| conducted for a period of at least one year in at least 2 | 11 |
| counties in the State. | 12 |
| Upon termination of the pilot program under this Section, | 13 |
| the Agency may extend the Prescription and Consumer Drug and | 14 |
| Sharps Disposal Program to additional counties in the State.
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| Section 15. Collection and disposal. | 16 |
| (a) Beginning July 1, 2008 and continuing through July 1, | 17 |
| 2009, each authorized pharmacy and retail establishment that | 18 |
| contains an authorized pharmacy located in a county that is | 19 |
| participating in the pilot program shall have in place a system | 20 |
| for safe and secure acceptance and collection of eligible drugs | 21 |
| from consumers for the proper disposal of those drugs and shall | 22 |
| have a sharps collection station available. | 23 |
| (b) A system for safe and secure acceptance and collection | 24 |
| of drugs and sharps for proper disposal shall, at a minimum, | 25 |
| include all of the following elements: |
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| (1) The take-back, at no cost to the consumer, of any | 2 |
| eligible drug of a type or brand that the retailer sold or | 3 |
| had sold. | 4 |
| (2) A sharps collection station that is available to | 5 |
| any person regardless of where the sharps were sold or | 6 |
| obtained. | 7 |
| (3) A conspicuous notice to consumers that includes | 8 |
| informational materials, including, but not limited to, an | 9 |
| Internet website link or a telephone number, placed on the | 10 |
| invoice or purchase order, or otherwise provided with the | 11 |
| packaged drug by the dispensing pharmacy or retailer, that | 12 |
| provides information necessary to access additional | 13 |
| information about the opportunities and locations for | 14 |
| no-cost drug recycling. | 15 |
| (4) Information about drug return opportunities and | 16 |
| sharps collection provided by the pharmacy or retailer that | 17 |
| encourages consumers to use those opportunities. This | 18 |
| information may include, but is not limited to, one or more | 19 |
| of the following: | 20 |
| (A) Signage that is prominently displayed and | 21 |
| easily visible to the consumer. | 22 |
| (B) Written materials provided to the consumer at | 23 |
| the time of purchase or delivery, or both. | 24 |
| (C) Reference to the drug take-back opportunity in | 25 |
| that retailer's advertising or other promotional | 26 |
| materials, or both. |
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| (D) Direct communications with the consumer at the | 2 |
| time of purchase. | 3 |
| (c) Any retailer or pharmacy with an independent drug | 4 |
| disposal and sharps program that is consistent with the pilot | 5 |
| program and is in place on or before July 1, 2008 and remains | 6 |
| in effect through July 1, 2009 shall be deemed in compliance | 7 |
| with this Act. | 8 |
| (d) The Agency may include controlled substances in the | 9 |
| Prescription and Consumer Drug Disposal Pilot Program only to | 10 |
| the extent allowed by federal and State law.
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| Section 20. No rules. Notwithstanding any other rulemaking | 12 |
| authority that may exist, neither the Governor nor any agency | 13 |
| or agency head under the jurisdiction of the Governor has any | 14 |
| authority to make or promulgate rules to implement or enforce | 15 |
| the provisions of this Act. If, however, the Governor believes | 16 |
| that rules are necessary to implement or enforce the provisions | 17 |
| of this Act, the Governor may suggest rules to the General | 18 |
| Assembly by filing them with the Clerk of the House and the | 19 |
| Secretary of the Senate and by requesting that the General | 20 |
| Assembly authorize such rulemaking by law, enact those | 21 |
| suggested rules into law, or take any other appropriate action | 22 |
| in the General Assembly's discretion. Nothing contained in this | 23 |
| Act shall be interpreted to grant rulemaking authority under | 24 |
| any other Illinois statute where such authority is not | 25 |
| otherwise explicitly given. For the purposes of this Section, |
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| "rules" is given the meaning contained in Section 1-70 of the | 2 |
| Illinois Administrative Procedure Act, and "agency" and | 3 |
| "agency head" are given the meanings contained in Sections 1-20 | 4 |
| and 1-25 of the Illinois Administrative Procedure Act to the | 5 |
| extent that such definitions apply to agencies or agency heads | 6 |
| under the jurisdiction of the Governor.".
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