Full Text of HB0706 100th General Assembly
HB0706eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Safe Pharmaceutical Disposal Act is amended | 5 | | by changing Sections 5 and 18 as follows: | 6 | | (210 ILCS 150/5) | 7 | | Sec. 5. Definitions. In this Act: | 8 | | "Health care institution" means any public or private | 9 | | institution or agency licensed or certified by State law to | 10 | | provide health care. The term includes hospitals, nursing | 11 | | homes, residential health care facilities, home health care | 12 | | agencies, hospice programs operating in this State, | 13 | | institutions, facilities, or agencies that provide services to | 14 | | persons with mental health illnesses, and institutions, | 15 | | facilities, or agencies that provide services for persons with | 16 | | developmental disabilities. | 17 | | "Law enforcement agency" means any federal, State, or local | 18 | | law enforcement agency, including a State's Attorney and the | 19 | | Attorney General. | 20 | | "Nurse" means an advanced practice nurse, registered | 21 | | nurse, or licensed practical nurse licensed under the Nurse | 22 | | Practice Act. | 23 | | "Public wastewater collection system" means any wastewater |
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| 1 | | collection system regulated by the Environmental Protection | 2 | | Agency. | 3 | | "Unused medication" means any unopened, expired, or excess | 4 | | (including medication unused as a result of the death of the | 5 | | patient) medication that has been dispensed for patient or | 6 | | resident care and that is in a solid form. The term includes | 7 | | pills, tablets, capsules, and caplets. For long-term care | 8 | | facilities licensed under the Nursing Home Care Act, "unused | 9 | | medication" does not include any Schedule II controlled | 10 | | substance under federal law in any form, until such time as the | 11 | | federal Drug Enforcement Administration adopts regulations | 12 | | that permit these facilities to dispose of controlled | 13 | | substances in a manner consistent with this Act.
| 14 | | (Source: P.A. 99-648, eff. 1-1-17 .) | 15 | | (210 ILCS 150/18) | 16 | | Sec. 18. Unused medications at the scene of a death. | 17 | | (a) Notwithstanding any provision of law to the contrary, | 18 | | the Department of State Police may by rule authorize State | 19 | | Police officers to dispose of any unused medications found at | 20 | | the scene of a death the State Police officer is investigating. | 21 | | A State Police officer may only dispose of any unused | 22 | | medications under this subsection after consulting with any | 23 | | other investigating law enforcement agency to ensure that the | 24 | | unused medications will not be needed as evidence in any | 25 | | investigation. This Section shall not apply to any unused |
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| 1 | | medications a State Police officer takes into custody as part | 2 | | of any investigation into a crime. | 3 | | (b) Notwithstanding any provision of law to the contrary, a | 4 | | local governmental agency may authorize police officers to | 5 | | dispose of any unused medications found at the scene of a death | 6 | | a police officer is investigating. A police officer may only | 7 | | dispose of any unused medications under this subsection after | 8 | | consulting with any other investigating law enforcement agency | 9 | | to ensure that the unused medications will not be needed as | 10 | | evidence in any investigation. This Section shall not apply to | 11 | | any unused medications a police officer takes into custody as | 12 | | part of any investigation into a crime. | 13 | | (c) Notwithstanding any provision of law to the contrary, a | 14 | | coroner or medical examiner may dispose of any unused | 15 | | medications found at the scene of a death the coroner or | 16 | | medical examiner is investigating. A coroner or medical | 17 | | examiner may only dispose of any unused medications under this | 18 | | subsection after consulting with any investigating law | 19 | | enforcement agency to ensure that the unused medications will | 20 | | not be needed as evidence in any investigation. | 21 | | (d) Any disposal under this Section shall be in accordance | 22 | | with Section 17 of this Act or another State or federally | 23 | | approved medication take-back program or location. | 24 | | (e) This Section shall not apply to prescription drugs for | 25 | | which the United States Food and Drug Administration created a | 26 | | Risk Evaluation and Mitigation Strategy for under the Food and |
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| 1 | | Drug Administration Amendments Act of 2007. | 2 | | (f) Nothing in this Section shall be construed to require a | 3 | | search of the scene for unused medications. | 4 | | (g) Prior to disposal of any medication collected as | 5 | | evidence in a criminal investigation under this Section, a | 6 | | State Police officer, police officer, coroner, or medical | 7 | | examiner shall photograph the unused medication and its | 8 | | container or packaging, if available; document the number or | 9 | | amount of medication to be disposed; and include the | 10 | | photographs and documentation in the police report, coroner | 11 | | report, or medical examiner report. | 12 | | (h) If an autopsy is performed as part of a death | 13 | | investigation, no medication seized under this Section shall be | 14 | | disposed of until after a toxicology report is received by the | 15 | | entity requesting the report.
| 16 | | (i) If a police officer, State Police officer, coroner, or | 17 | | medical examiner is not present at the scene of a death, a | 18 | | nurse may dispose of any unused medications found at the scene | 19 | | of a death the nurse is present at while engaging in the | 20 | | performance of his or her duties. A nurse may dispose of any | 21 | | unused medications under this subsection only after consulting | 22 | | with any investigating law enforcement agency to ensure that | 23 | | the unused medications will not be needed as evidence in an | 24 | | investigation. | 25 | | (j) When an individual authorized to dispose of unused | 26 | | medication under this Section disposes of unused medication |
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| 1 | | under this Section in good faith, the individual, and his or | 2 | | her employer, employees, and agents, shall incur no criminal | 3 | | liability or professional discipline. | 4 | | (Source: P.A. 99-648, eff. 1-1-17 .)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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