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Full Text of HB0001  99th General Assembly

HB0001ham003 99TH GENERAL ASSEMBLY

Rep. Lou Lang

Filed: 5/20/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1

2    AMENDMENT NO. ______. Amend House Bill 1, AS AMENDED, with
3reference to page and line numbers of House Amendment No. 2 as
4follows:
 
5on page 20, line 4, by replacing "antagonist" with
6"antagonists"; and
 
7by deleting lines 19 through 23 of page 21, all of page 22, and
8lines 1 through 6 of page 23; and
 
9on page 54, by replacing lines 10 through 12 with the
10following:
11"voluntary. Subject to appropriation, the Department of Human
12Services shall reimburse a school district that decides to
13participate in the pilot program for any costs it incurs in";
14and
 

 

 

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1on page 68, by inserting after line 17 the following:
 
2    "Section 5-72. The Safe Pharmaceutical Disposal Act is
3amended by changing Section 17 as follows:
 
4    (210 ILCS 150/17)
5    Sec. 17. Pharmaceutical disposal. Notwithstanding any
6provision of law, any city, village, or municipality may
7authorize the use of its city hall or police department to
8display a container suitable for use as a receptacle for used,
9expired, or unwanted pharmaceuticals. These used, expired, or
10unwanted pharmaceuticals may include unused medication and
11prescription drugs, as well as controlled substances if
12collected in accordance with federal law. This receptacle shall
13only permit the deposit of items, and the contents shall be
14locked and secured. The container shall be accessible to the
15public and shall have posted clearly legible signage indicating
16that expired or unwanted prescription drugs may be disposed of
17in the receptacle.
18(Source: P.A. 97-546, eff. 1-1-12.)"; and
 
19on page 79, by deleting lines 18 through 19; and
 
20on page 80, by replacing lines 16 through 23 with the
21following:
22"plans written in Illinois and (2) State employee health

 

 

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1plans."; and
 
2on page 126, by replacing line 18 with the following:
3"covered under both fee for service and managed care medical
4assistance programs for persons who"; and
 
5on page 126, by replacing lines 20 through 22 with the
6following:
7"Article and shall not be subject to any (1) utilization
8control, other than those established under the American
9Society of Addiction Medicine patient placement criteria, (2)
10prior authorization mandate, or (3) lifetime restriction limit
11mandate."; and
 
12on page 128, by inserting after line 4 the following:
 
13    "Section 5-88. The Environmental Protection Act is amended
14by changing Section 22.55 as follows:
 
15    (415 ILCS 5/22.55)
16    Sec. 22.55. Household Waste Drop-off Points.
17    (a) Findings; Purpose and Intent.
18        (1) The General Assembly finds that protection of human
19    health and the environment can be enhanced if certain
20    commonly generated household wastes are managed separately
21    from the general household waste stream.

 

 

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1        (2) The purpose of this Section is to provide, to the
2    extent allowed under federal law, a method for managing
3    certain types of household waste separately from the
4    general household waste stream.
5    (b) Definitions. For the purposes of this Section:
6        "Controlled substance" means a controlled substance as
7    defined in the Illinois Controlled Substances Act.
8        "Household waste" means waste generated from a single
9    residence or multiple residences.
10        "Household waste drop-off point" means the portion of a
11    site or facility used solely for the receipt and temporary
12    storage of household waste.
13        "One-day household waste collection event" means a
14    household waste drop-off point approved by the Agency under
15    subsection (d) of this Section.
16        "Personal care product" means an item other than a
17    pharmaceutical product that is consumed or applied by an
18    individual for personal health, hygiene, or cosmetic
19    reasons. Personal care products include, but are not
20    limited to, items used in bathing, dressing, or grooming.
21        "Pharmaceutical product" means medicine or a product
22    containing medicine. A pharmaceutical product may be sold
23    by prescription or over the counter. "Pharmaceutical
24    product" does not include (i) medicine that contains a
25    radioactive component or a product that contains a
26    radioactive component or (ii) a controlled substance.

 

 

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1    (c) Except as otherwise provided in Agency rules, the
2following requirements apply to each household waste drop-off
3point other than a one-day household waste collection event:
4        (1) A household waste drop-off point must not accept
5    waste other than the following types of household waste:
6    pharmaceutical products, personal care products, batteries
7    other than lead-acid batteries, paints, automotive fluids,
8    compact fluorescent lightbulbs, mercury thermometers, and
9    mercury thermostats. A household waste drop-off point may
10    accept controlled substances in accordance with federal
11    law.
12        (2) Except as provided in subdivision (c)(2) of this
13    Section, household waste drop-off points must be located at
14    a site or facility where the types of products accepted at
15    the household waste drop-off point are lawfully sold,
16    distributed, or dispensed. For example, household waste
17    drop-off points that accept prescription pharmaceutical
18    products must be located at a site or facility where
19    prescription pharmaceutical products are sold,
20    distributed, or dispensed.
21            (A) Subdivision (c)(2) of this Section does not
22        apply to household waste drop-off points operated by a
23        government or school entity, or by an association or
24        other organization of government or school entities.
25            (B) Household waste drop-off points that accept
26        mercury thermometers can be located at any site or

 

 

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1        facility where non-mercury thermometers are sold,
2        distributed, or dispensed.
3            (C) Household waste drop-off points that accept
4        mercury thermostats can be located at any site or
5        facility where non-mercury thermostats are sold,
6        distributed, or dispensed.
7        (3) The location of acceptance for each type of waste
8    accepted at the household waste drop-off point must be
9    clearly identified. Locations where pharmaceutical
10    products are accepted must also include a copy of the sign
11    required under subsection (j) of this Section.
12        (4) Household waste must be accepted only from private
13    individuals. Waste must not be accepted from other persons,
14    including, but not limited to, owners and operators of
15    rented or leased residences where the household waste was
16    generated, commercial haulers, and other commercial,
17    industrial, agricultural, and government operations or
18    entities.
19        (5) If more than one type of household waste is
20    accepted, each type of household waste must be managed
21    separately prior to its packaging for off-site transfer.
22        (6) Household waste must not be stored for longer than
23    90 days after its receipt, except as otherwise approved by
24    the Agency in writing.
25        (7) Household waste must be managed in a manner that
26    protects against releases of the waste, prevents

 

 

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1    nuisances, and otherwise protects human health and the
2    environment. Household waste must also be properly secured
3    to prevent unauthorized public access to the waste,
4    including, but not limited to, preventing access to the
5    waste during the non-business hours of the site or facility
6    on which the household waste drop-off point is located.
7    Containers in which pharmaceutical products are collected
8    must be clearly marked "No Controlled Substances", unless
9    the household waste drop-off point accepts controlled
10    substances in accordance with federal law.
11        (8) Management of the household waste must be limited
12    to the following: (i) acceptance of the waste, (ii)
13    temporary storage of the waste prior to transfer, and (iii)
14    off-site transfer of the waste and packaging for off-site
15    transfer.
16        (9) Off-site transfer of the household waste must
17    comply with federal and State laws and regulations.
18    (d) One-day household waste collection events. To further
19aid in the collection of certain household wastes, the Agency
20may approve the operation of one-day household waste collection
21events. The Agency shall not approve a one-day household waste
22collection event at the same site or facility for more than one
23day each calendar quarter. Requests for approval must be
24submitted on forms prescribed by the Agency. The Agency must
25issue its approval in writing, and it may impose conditions as
26necessary to protect human health and the environment and to

 

 

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1otherwise accomplish the purposes of this Act. One-day
2household waste collection events must be operated in
3accordance with the Agency's approval, including all
4conditions contained in the approval. The following
5requirements apply to all one-day household waste collection
6events, in addition to the conditions contained in the Agency's
7approval:
8        (1) Waste accepted at the event must be limited to
9    household waste and must not include garbage, landscape
10    waste, controlled substances, or other waste excluded by
11    the Agency in the Agency's approval or any conditions
12    contained in the approval. A one-day household waste
13    collection event may accept controlled substances in
14    accordance with federal law.
15        (2) Household waste must be accepted only from private
16    individuals. Waste must not be accepted from other persons,
17    including, but not limited to, owners and operators of
18    rented or leased residences where the household waste was
19    generated, commercial haulers, and other commercial,
20    industrial, agricultural, and government operations or
21    entities.
22        (3) Household waste must be managed in a manner that
23    protects against releases of the waste, prevents
24    nuisances, and otherwise protects human health and the
25    environment. Household waste must also be properly secured
26    to prevent public access to the waste, including, but not

 

 

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1    limited to, preventing access to the waste during the
2    event's non-business hours.
3        (4) Management of the household waste must be limited
4    to the following: (i) acceptance of the waste, (ii)
5    temporary storage of the waste before transfer, and (iii)
6    off-site transfer of the waste or packaging for off-site
7    transfer.
8        (5) Except as otherwise approved by the Agency, all
9    household waste received at the collection event must be
10    transferred off-site by the end of the day following the
11    collection event.
12        (6) The transfer and ultimate disposition of household
13    waste received at the collection event must comply with the
14    Agency's approval, including all conditions contained in
15    the approval.
16    (e) The Agency may adopt rules governing the operation of
17household waste drop-off points other than one-day household
18waste collection events. Those rules must be designed to
19protect against releases of waste to the environment, prevent
20nuisances, and otherwise protect human health and the
21environment. As necessary to address different circumstances,
22the regulations may contain different requirements for
23different types of household waste and different types of
24household waste drop-off points, and the regulations may modify
25the requirements set forth in subsection (c) of this Section.
26The regulations may include, but are not limited to, the

 

 

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1following: (i) identification of additional types of household
2waste that can be collected at household waste drop-off points,
3(ii) identification of the different types of household wastes
4that can be received at different household waste drop-off
5points, (iii) the maximum amounts of each type of household
6waste that can be stored at household waste drop-off points at
7any one time, and (iv) the maximum time periods each type of
8household waste can be stored at household waste drop-off
9points.
10    (f) Prohibitions.
11        (1) Except as authorized in a permit issued by the
12    Agency, no person shall cause or allow the operation of a
13    household waste drop-off point other than a one-day
14    household waste collection event in violation of this
15    Section or any regulations adopted under this Section.
16        (2) No person shall cause or allow the operation of a
17    one-day household waste collection event in violation of
18    this Section or the Agency's approval issued under
19    subsection (d) of this Section, including all conditions
20    contained in the approval.
21    (g) Permit exemptions.
22        (1) No permit is required under subdivision (d)(1) of
23    Section 21 of this Act for the operation of a household
24    waste drop-off point other than a one-day household waste
25    collection event if the household waste drop-off point is
26    operated in accordance with this Section and all

 

 

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1    regulations adopted under this Section.
2        (2) No permit is required under subdivision (d)(1) of
3    Section 21 of this Act for the operation of a one-day
4    household waste collection event if the event is operated
5    in accordance with this Section and the Agency's approval
6    issued under subsection (d) of this Section, including all
7    conditions contained in the approval, or for the operation
8    of a household waste collection event by the Agency.
9    (h) This Section does not apply to the following:
10        (1) Persons accepting household waste that they are
11    authorized to accept under a permit issued by the Agency.
12        (2) Sites or facilities operated pursuant to an
13    intergovernmental agreement entered into with the Agency
14    under Section 22.16b(d) of this Act.
15    (i) The Agency, in consultation with the Department of
16Public Health, must develop and implement a public information
17program regarding household waste drop-off points that accept
18pharmaceutical products, as well as mail-back programs
19authorized under federal law.
20    (j) The Agency must develop a sign that provides
21information on the proper disposal of unused pharmaceutical
22products. The sign shall include information on approved
23drop-off sites or list a website where updated information on
24drop-off sites can be accessed. The sign shall also include
25information on mail-back programs and self-disposal. The
26Agency shall make a copy of the sign available for downloading

 

 

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1from its website. Every pharmacy shall display the sign in the
2area where medications are dispensed and shall also display any
3signs the Agency develops regarding local take-back programs or
4household waste collection events. These signs shall be no
5larger than 8.5 inches by 11 inches.
6    (k) If an entity chooses to participate as a household
7waste drop-off point, then it must follow the provisions of
8this Section and any rules the Agency may adopt governing
9household waste drop-off points.
10    (l) The Agency shall establish, by rule, a statewide
11medication take-back program by June 1, 2016 to ensure that
12there are pharmaceutical product disposal options regularly
13available for residents across the State. No private entity may
14be compelled to serve as or fund a take-back location or
15program. Medications collected and disposed of under the
16program shall include controlled substances approved for
17collection by federal law. All medications collected and
18disposed of under the program must be managed in accordance
19with all applicable federal and State laws and regulations. The
20Agency shall issue a report to the General Assembly by June 1,
212019 detailing the amount of pharmaceutical products annually
22collected under the program, as well as any legislative
23recommendations.
24(Source: P.A. 96-121, eff. 8-4-09.)".