Full Text of HB5781 99th General Assembly
HB5781ham001 99TH GENERAL ASSEMBLY | Rep. Patricia R. Bellock Filed: 4/7/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5781
| 2 | | AMENDMENT NO. ______. Amend House Bill 5781 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Police Act is amended by adding | 5 | | Section 40 as follows: | 6 | | (20 ILCS 2610/40 new) | 7 | | Sec. 40. Disposal of medications. The Department may by | 8 | | rule authorize State Police officers to dispose of any unused | 9 | | medications under Section 18 of the Safe Pharmaceutical | 10 | | Disposal Act. | 11 | | Section 10. The Illinois Police Training Act is amended by | 12 | | adding Section 10.19 as follows: | 13 | | (50 ILCS 705/10.19 new) | 14 | | Sec. 10.19. Disposal of medications. The Board shall |
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| 1 | | develop rules and minimum standards for local governmental | 2 | | agencies that authorize police officers to dispose of unused | 3 | | medications under Section 18 of the Safe Pharmaceutical | 4 | | Disposal Act. | 5 | | Section 15. The Counties Code is amended by adding Section | 6 | | 3-3045 as follows: | 7 | | (55 ILCS 5/3-3045 new) | 8 | | Sec. 3-3045. Disposal of medications. A coroner or medical | 9 | | examiner may dispose of any unused medications found at the | 10 | | scene of a death the coroner or medical examiner is | 11 | | investigating under Section 18 of the Safe Pharmaceutical | 12 | | Disposal Act. | 13 | | Section 20. The Safe Pharmaceutical Disposal Act is amended | 14 | | by changing Section 5 and adding Section 18 as follows: | 15 | | (210 ILCS 150/5)
| 16 | | Sec. 5. Definitions. In this Act: | 17 | | "Health care institution" means any public or private | 18 | | institution or agency licensed or certified by State law to | 19 | | provide health care. The term includes hospitals, nursing | 20 | | homes, residential health care facilities, home health care | 21 | | agencies, hospice programs operating in this State, | 22 | | institutions, facilities, or agencies that provide services to |
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| 1 | | persons with mental health illnesses, and institutions, | 2 | | facilities, or agencies that provide services for persons with | 3 | | developmental disabilities. | 4 | | "Law enforcement agency" means any federal, State, or local | 5 | | law enforcement agency, including a State's Attorney and the | 6 | | Attorney General. | 7 | | "Nurse" means an advanced practice nurse, registered | 8 | | nurse, or licensed practical nurse licensed under the Nurse | 9 | | Practice Act. | 10 | | "Physician" means a person licensed to
practice medicine in | 11 | | all its branches under the Medical Practice Act of 1987. | 12 | | "Public wastewater collection system" means any wastewater | 13 | | collection system regulated by the Environmental Protection | 14 | | Agency. | 15 | | "Unused medication" means any unopened, expired, or excess | 16 | | (including medication unused as a result of the death of the | 17 | | patient) medication that has been dispensed for patient or | 18 | | resident care and that is in a solid form. The term includes | 19 | | pills, tablets, capsules, and caplets. For long-term care | 20 | | facilities licensed under the Nursing Home Care Act, "unused | 21 | | medication" does not include any Schedule II controlled | 22 | | substance under federal law in any form, until such time as the | 23 | | federal Drug Enforcement Administration adopts regulations | 24 | | that permit these facilities to dispose of controlled | 25 | | substances in a manner consistent with this Act.
| 26 | | (Source: P.A. 96-221, eff. 1-1-10.) |
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| 1 | | (210 ILCS 150/18 new) | 2 | | Sec. 18. Unused medications at the scene of a death. | 3 | | (a) Notwithstanding any provision of law to the contrary, | 4 | | the Department of State Police may by rule authorize State | 5 | | Police officers to dispose of any unused medications found at | 6 | | the scene of a death the State Police officer is investigating. | 7 | | A State Police officer may only dispose of any unused | 8 | | medications under this subsection after consulting with any | 9 | | other investigating law enforcement agency to ensure that the | 10 | | unused medications will not be needed as evidence in any | 11 | | investigation. This Section shall not apply to any unused | 12 | | medications a State Police officer takes into custody as part | 13 | | of any investigation into a crime. | 14 | | (b) Notwithstanding any provision of law to the contrary, a | 15 | | local governmental agency may authorize police officers to | 16 | | dispose of any unused medications found at the scene of a death | 17 | | a police officer is investigating. A police officer may only | 18 | | dispose of any unused medications under this subsection after | 19 | | consulting with any other investigating law enforcement agency | 20 | | to ensure that the unused medications will not be needed as | 21 | | evidence in any investigation. This Section shall not apply to | 22 | | any unused medications a police officer takes into custody as | 23 | | part of any investigation into a crime. | 24 | | (c) Notwithstanding any provision of law to the contrary, a | 25 | | coroner or medical examiner may dispose of any unused |
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| 1 | | medications found at the scene of a death the coroner or | 2 | | medical examiner is investigating. A coroner or medical | 3 | | examiner may only dispose of any unused medications under this | 4 | | subsection after consulting with any investigating law | 5 | | enforcement agency to ensure that the unused medications will | 6 | | not be needed as evidence in any investigation. | 7 | | (d) If a police officer, State Police officer, coroner, or | 8 | | medical examiner is not present at the scene of a death, a | 9 | | nurse or physician may dispose of any unused medications found | 10 | | at the scene of a death the nurse or physician is present at | 11 | | while engaging in the performance of his or her duties. | 12 | | (e) Any disposal under this Section shall be in accordance | 13 | | with Section 17 of this Act or another State or federally | 14 | | approved medication take-back program or location. | 15 | | (f) This Section shall not apply to prescription drugs for | 16 | | which the United States Food and Drug Administration created a | 17 | | Risk Evaluation and Mitigation Strategy for under the Food and | 18 | | Drug Administration Amendments Act of 2007. | 19 | | (g) Nothing in this Section shall be construed to require a | 20 | | search of the scene for unused medications. | 21 | | (h) When anyone authorized to dispose of unused medication | 22 | | under this Section disposes of, or chooses not to dispose of, | 23 | | unused medication under this Section in good faith, the | 24 | | individual, and his or her employer, employees, and agents, | 25 | | shall incur no civil or criminal liability or professional | 26 | | discipline, except for willful and wanton conduct, as a result |
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| 1 | | of any injury arising from the disposal or non-disposal of | 2 | | unused medications.
| 3 | | Section 25. The Medical Practice Act of 1987 is amended by | 4 | | adding Section 50-41 as follows: | 5 | | (225 ILCS 60/50-41 new) | 6 | | Sec. 50-41. Disposal of medications; civil liability. A | 7 | | physician may dispose of any unused medications found at the | 8 | | scene of a death the physician is present at while engaged in | 9 | | the performance of her or her duties as a physician, and civil | 10 | | liability is limited, under Section 18 of the Safe | 11 | | Pharmaceutical Disposal Act. | 12 | | Section 30. The Nurse Practice Act is amended by adding | 13 | | Section 50-80 as follows: | 14 | | (225 ILCS 65/50-80 new) | 15 | | Sec. 50-80. Disposal of medications; civil liability. An | 16 | | advanced practice nurse, licensed practical nurse, or | 17 | | registered nurse may dispose of any unused medications found at | 18 | | the scene of a death the nurse is present at while engaged in | 19 | | the performance of her or her duties as a nurse, and civil | 20 | | liability is limited, under Section 18 of the Safe | 21 | | Pharmaceutical Disposal Act. ".
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