Rep. Jonathan Carroll

Filed: 4/17/2018





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2    AMENDMENT NO. ______. Amend House Bill 1338 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Safe Pharmaceutical Disposal Act is amended
5by changing Sections 5 and 10 as follows:
6    (210 ILCS 150/5)
7    Sec. 5. Definitions. In this Act:
8    "Health care institution" means any public or private
9institution or agency licensed or certified by State law to
10provide health care. The term includes hospitals, nursing
11homes, residential health care facilities, home health care
12agencies, hospice programs operating in this State,
13institutions, facilities, or agencies that provide services to
14persons with mental health illnesses, and institutions,
15facilities, or agencies that provide services for persons with
16developmental disabilities.



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1    "Law enforcement agency" means any federal, State, or local
2law enforcement agency, including a State's Attorney and the
3Attorney General.
4    "Nurse" means an advanced practice nurse, registered
5nurse, or licensed practical nurse licensed under the Nurse
6Practice Act.
7    "Public wastewater collection system" means any wastewater
8collection system regulated by the Environmental Protection
10    "Unused medication" means any unopened, expired, or excess
11(including medication unused as a result of the death of the
12patient) medication that has been dispensed for patient or
13resident care and that is in a liquid or solid form. The term
14includes, but is not limited to, suspensions, pills, tablets,
15capsules, and caplets. For long-term care facilities licensed
16under the Nursing Home Care Act, "unused medication" does not
17include any Schedule II controlled substance under federal law
18in any form, until such time as the federal Drug Enforcement
19Administration adopts regulations that permit these facilities
20to dispose of controlled substances in a manner consistent with
21this Act.
22(Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17.)
23    (210 ILCS 150/10)
24    Sec. 10. Disposal of unused medications prohibited.
25    (a) Except for medications contained in intraperitoneal



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1solutions, intravenous fluids, syringes, or transdermal
2patches, no health care institution, nor any employee, staff
3person, contractor, or other person acting under the direction
4or supervision of a health care institution, may discharge,
5dispose of, flush, pour, or empty any unused medication into a
6public wastewater collection system or septic system.
7    (b) A violation of this Section is a petty offense subject
8to a fine of $500. Fines collected under this Act from
9facilities licensed under the Nursing Home Care Act shall be
10deposited into the Long Term Care Monitor/Receiver Fund. Fines
11collected from all other health care institutions under this
12Act shall be deposited into the Environmental Protection Trust
14(Source: P.A. 96-221, eff. 1-1-10.)".