Full Text of HB4082 101st General Assembly
HB4082 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4082 Introduced 1/16/2020, by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/3.360 | was 415 ILCS 5/3.84 | 415 ILCS 5/56.1 | from Ch. 111 1/2, par. 1056.1 |
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Amends the Environmental Protection Act. Excludes tissue and products from an abortion from the definition of "potentially infectious medical waste". Requires (currently, allows) tissue and products from an abortion or a miscarriage to be buried, entombed, or cremated.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 3.360 and 56.1 as follows:
| 6 | | (415 ILCS 5/3.360) (was 415 ILCS 5/3.84)
| 7 | | Sec. 3.360. Potentially infectious medical waste.
| 8 | | (a) "Potentially infectious medical waste" means
the | 9 | | following types of waste generated in connection with the | 10 | | diagnosis,
treatment (i.e., provision of medical services), or | 11 | | immunization of
human beings or animals; research pertaining to | 12 | | the provision of medical
services; or the production or testing | 13 | | of biologicals:
| 14 | | (1) Cultures and stocks.
This waste shall include but | 15 | | not be limited to cultures and stocks of
agents infectious | 16 | | to humans, and associated biologicals; cultures from
| 17 | | medical or pathological laboratories; cultures and stocks | 18 | | of infectious
agents from research and industrial | 19 | | laboratories; wastes from the
production of biologicals; | 20 | | discarded live or attenuated vaccines; or
culture dishes | 21 | | and devices used to transfer, inoculate, or mix cultures.
| 22 | | (2) Human pathological wastes. This waste shall | 23 | | include tissue, organs,
and body parts (except teeth and |
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| 1 | | the contiguous
structures of bone and gum); body fluids | 2 | | that are removed during surgery,
autopsy, or other medical | 3 | | procedures; or specimens of body fluids and their
| 4 | | containers.
| 5 | | (3) Human blood and blood products. This waste shall | 6 | | include discarded
human blood, blood components (e.g., | 7 | | serum and plasma), or saturated material
containing free | 8 | | flowing blood or blood components.
| 9 | | (4) Used sharps. This waste shall include but not be | 10 | | limited to
discarded sharps used in animal or human patient | 11 | | care, medical
research, or clinical or pharmaceutical | 12 | | laboratories; hypodermic,
intravenous, or other medical
| 13 | | needles; hypodermic or intravenous syringes; Pasteur | 14 | | pipettes; scalpel
blades; or blood vials. This waste shall | 15 | | also include but not be limited
to other types of broken or | 16 | | unbroken glass (including slides and cover
slips) in | 17 | | contact with infectious agents.
| 18 | | (5) Animal waste. Animal waste means discarded | 19 | | materials, including
carcasses, body parts, body fluids, | 20 | | blood, or bedding originating from animals
inoculated | 21 | | during research, production of biologicals, or | 22 | | pharmaceutical
testing with agents infectious to humans.
| 23 | | (6) Isolation waste. This waste shall include | 24 | | discarded materials
contaminated with blood, excretions, | 25 | | exudates, and secretions from humans
that are isolated to | 26 | | protect others from highly communicable diseases.
"Highly |
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| 1 | | communicable diseases" means those diseases identified by | 2 | | the Board
in rules adopted under subsection (e) of Section | 3 | | 56.2 of this Act.
| 4 | | (7) Unused sharps. This waste shall include but not be | 5 | | limited to the
following unused, discarded sharps: | 6 | | hypodermic, intravenous, or
other needles; hypodermic or | 7 | | intravenous syringes; or scalpel blades.
| 8 | | (b) Potentially infectious medical waste does not include:
| 9 | | (1) waste generated as general household waste;
| 10 | | (2) waste (except for sharps) for which the infectious | 11 | | potential has
been eliminated by treatment;
| 12 | | (3) sharps that meet both of the following conditions:
| 13 | | (A) the infectious potential has been eliminated | 14 | | from the sharps by
treatment; and
| 15 | | (B) the sharps are rendered unrecognizable by | 16 | | treatment; or
| 17 | | (4) sharps that are managed in accordance with the | 18 | | following requirements: | 19 | | (A) the infectious potential is eliminated from | 20 | | the sharps by treatment at a facility that is permitted | 21 | | by the Agency for the treatment of potentially | 22 | | infectious medical waste; | 23 | | (B) the sharps are certified by the treatment | 24 | | facility as non-special waste in accordance with | 25 | | Section 22.48 of this Act; | 26 | | (C) the sharps are packaged at the treatment |
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| 1 | | facility the same as required under Board rules for | 2 | | potentially infectious medical waste; | 3 | | (D) the sharps are transported under the custody of | 4 | | the treatment facility to a landfill permitted by the | 5 | | Agency under Section 21 of this Act to accept municipal | 6 | | waste for disposal; and | 7 | | (E) the activities in subparagraphs (A) through | 8 | | (D) of this paragraph (4) are authorized in, and | 9 | | conducted in accordance with, a permit issued by the | 10 | | Agency to the treatment facility. | 11 | | "Potentially infectious medical waste" does not include | 12 | | tissue or products from an abortion, as defined in Section 1-10 | 13 | | of the Reproductive Health Act. | 14 | | (Source: P.A. 98-366, eff. 1-1-14.)
| 15 | | (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
| 16 | | Sec. 56.1. Acts prohibited.
| 17 | | (A) No person shall:
| 18 | | (a) Cause or allow the disposal of any potentially | 19 | | infectious medical
waste. Sharps may be disposed in any | 20 | | landfill permitted by the Agency under
Section 21 of this | 21 | | Act to accept municipal waste for disposal, if both:
| 22 | | (1) the infectious potential has been eliminated | 23 | | from the sharps by
treatment; and
| 24 | | (2) the sharps are packaged in accordance with | 25 | | Board regulations.
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| 1 | | (b) Cause or allow the delivery of any potentially | 2 | | infectious medical
waste for transport, storage, | 3 | | treatment, or transfer except in accordance
with Board | 4 | | regulations.
| 5 | | (c) Beginning July 1, 1992, cause or allow the delivery | 6 | | of any
potentially infectious medical waste to a person or | 7 | | facility for storage,
treatment, or transfer that does not | 8 | | have a permit issued by the agency to
receive potentially | 9 | | infectious medical waste, unless no permit is required
| 10 | | under subsection (g)(1).
| 11 | | (d) Beginning July 1, 1992, cause or allow the delivery | 12 | | or transfer of
any potentially infectious medical waste for | 13 | | transport unless:
| 14 | | (1) the transporter has a permit issued by the | 15 | | Agency to transport
potentially infectious medical | 16 | | waste, or the transporter is exempt from the
permit | 17 | | requirement set forth in subsection (f)(l).
| 18 | | (2) a potentially infectious medical waste | 19 | | manifest is completed for
the waste if a manifest is | 20 | | required under subsection (h).
| 21 | | (e) Cause or allow the acceptance of any potentially | 22 | | infectious medical
waste for purposes of transport, | 23 | | storage, treatment, or transfer except in
accordance with | 24 | | Board regulations.
| 25 | | (f) Beginning July 1, 1992, conduct any potentially | 26 | | infectious medical
waste transportation operation:
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| 1 | | (1) Without a permit issued by the Agency to | 2 | | transport potentially
infectious medical waste. No | 3 | | permit is required under this provision (f)(1)
for:
| 4 | | (A) a person transporting potentially | 5 | | infectious medical waste
generated solely by that | 6 | | person's activities;
| 7 | | (B) noncommercial transportation of less than | 8 | | 50 pounds of potentially
infectious medical waste | 9 | | at any one
time; or
| 10 | | (C) the U.S. Postal Service.
| 11 | | (2) In violation of any condition of any permit | 12 | | issued by the Agency
under this Act.
| 13 | | (3) In violation of any regulation adopted by the | 14 | | Board.
| 15 | | (4) In violation of any order adopted by the Board | 16 | | under this Act.
| 17 | | (g) Beginning July 1, 1992, conduct any potentially | 18 | | infectious medical
waste treatment, storage, or transfer | 19 | | operation:
| 20 | | (1) without a permit issued by the Agency that | 21 | | specifically
authorizes the treatment, storage, or | 22 | | transfer of potentially infectious
medical waste. No | 23 | | permit is required under this subsection (g) or | 24 | | subsection (d)(1) of Section 21 for any:
| 25 | | (A) Person conducting a potentially infectious | 26 | | medical waste
treatment, storage, or transfer |
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| 1 | | operation for potentially infectious
medical waste | 2 | | generated by the person's own activities that are | 3 | | treated,
stored, or transferred within the site | 4 | | where the potentially infectious
medical waste is | 5 | | generated.
| 6 | | (B) Hospital that treats, stores, or transfers | 7 | | only potentially
infectious medical waste | 8 | | generated by its own activities or by members of | 9 | | its
medical staff.
| 10 | | (C) Sharps collection station that is operated | 11 | | in accordance with
Section 56.7.
| 12 | | (2) in violation of any condition of any permit | 13 | | issued by the Agency
under this Act.
| 14 | | (3) in violation of any regulation adopted by the | 15 | | Board.
| 16 | | (4) In violation of any order adopted by the Board | 17 | | under this Act.
| 18 | | (h) Transport potentially infectious medical waste | 19 | | unless the
transporter carries a completed potentially | 20 | | infectious medical waste
manifest. No manifest is required | 21 | | for the transportation of:
| 22 | | (1) potentially infectious medical waste being | 23 | | transported by
generators who generated the waste by | 24 | | their own activities, when the
potentially infectious | 25 | | medical waste is transported within or between sites
or | 26 | | facilities owned, controlled, or operated by that |
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| 1 | | person;
| 2 | | (2) less than 50 pounds of potentially infectious | 3 | | medical waste at
any one time for a noncommercial
| 4 | | transportation activity; or
| 5 | | (3) potentially infectious medical waste by the | 6 | | U.S. Postal Service.
| 7 | | (i) Offer for transportation, transport, deliver, | 8 | | receive or accept
potentially infectious medical waste for | 9 | | which a manifest is required,
unless the manifest indicates | 10 | | that the fee required under Section 56.4 of
this Act has | 11 | | been paid.
| 12 | | (j) Beginning January 1, 1994, conduct a potentially | 13 | | infectious medical
waste treatment operation at an | 14 | | incinerator in existence on the effective
date of this | 15 | | Title in violation of emission standards established
for | 16 | | these incinerators under Section 129 of the Clean Air Act | 17 | | (42 USC 7429),
as amended.
| 18 | | (k) Beginning July 1, 2015, knowingly mix household | 19 | | sharps, including, but not limited to, hypodermic, | 20 | | intravenous, or other medical needles or syringes or other | 21 | | medical household waste containing used or unused sharps, | 22 | | including, but not limited to, hypodermic, intravenous, or | 23 | | other medical needles or syringes or other sharps, with any | 24 | | other material intended for collection as a recyclable | 25 | | material by a residential hauler. | 26 | | (l) Beginning on July 1, 2015, knowingly place |
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| 1 | | household sharps into a container intended for collection | 2 | | by a residential hauler for processing at a recycling | 3 | | center. | 4 | | (B) In making its orders and determinations relative to
| 5 | | penalties, if any, to be imposed for violating subdivision | 6 | | (A)(a) of
this Section, the Board, in addition to the
factors | 7 | | in Sections 33(c) and 42(h) of this Act, or the Court shall | 8 | | take into
consideration whether the owner or operator of the | 9 | | landfill reasonably relied
on written statements from the | 10 | | person generating or treating the waste that
the waste is not | 11 | | potentially infectious medical waste.
| 12 | | (C) Tissue Notwithstanding subsection (A) or any other | 13 | | provision of law, including the Vital Records Act, tissue and | 14 | | products from an abortion, as defined in Section 1-10 of the | 15 | | Reproductive Health Act, or a miscarriage shall may be buried, | 16 | | entombed, or cremated. | 17 | | (Source: P.A. 101-13, eff. 6-12-19.)
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