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91_HB0298eng HB0298 Engrossed LRB9101626LDks 1 AN ACT to amend the Hypodermic Syringes and Needles Act 2 by changing Sections 1 and 2 and adding Section 2.5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Hypodermic Syringes and Needles Act is 6 amended by changing Sections 1 and 2 and adding Section 2.5 7 as follows: 8 (720 ILCS 635/1) (from Ch. 38, par. 22-50) 9 Sec. 1. Possession of hypodermic syringes and hypodermic 10 needles. 11 (a) Except as provided in subsection (b), no person, not 12 being a physician, dentist, chiropodist or veterinarian 13 licensed under the laws of this State or of the state where 14 he resides, or a registered professional nurse, or a 15 registered embalmer, manufacturer or dealer in embalming 16 supplies, wholesale druggist, manufacturing pharmacist, 17 registered pharmacist, manufacturer of surgical instruments, 18 industrial user, official of any government having possession 19 of the articles hereinafter mentioned by reason of his 20 official duties, nurse or a medical laboratory technician 21 acting under the direction of a physician or dentist, 22 employee of an incorporated hospital acting under the 23 direction of its superintendent or officer in immediate 24 charge, or a carrier or messenger engaged in the 25 transportation of such articles, or the holder of a permit 26 issued under Section 5 of this Act, or a farmer engaged in 27 the use of such instruments on livestock, or a person engaged 28 in chemical, clinical, pharmaceutical or other scientific 29 research, shall have in his possession a hypodermic syringe, 30 hypodermic needle, or any instrument adapted for the use of 31 controlled substances or cannabis by subcutaneous injection. HB0298 Engrossed -2- LRB9101626LDks 1 (b) A person who is at least 18 years of age may 2 purchase from a pharmacy and have in his or her possession up 3 to 10 sterile hypodermic syringes, regardless of whether he 4 or she has a prescription for the syringes. 5 (Source: P.A. 77-771.) 6 (720 ILCS 635/2) (from Ch. 38, par. 22-51) 7 Sec. 2. Sale of hypodermic syringes and hypodermic 8 needles. 9 (a) Except as provided in subsection (b), no such 10 syringe, needle or instrument shall be delivered or sold to, 11 or exchanged with, any person except a registered pharmacist, 12 physician, dentist, veterinarian, registered embalmer, 13 manufacturer or dealer in embalming supplies, wholesale 14 druggist, manufacturing pharmacist, industrial user, a nurse 15 upon the written order of a physician or dentist, the holder 16 of a permit issued under Section 5 of this Act, a registered 17 chiropodist, or an employee of an incorporated hospital upon 18 the written order of its superintendent or officer in 19 immediate charge; provided that the provisions of this Act 20 shall not prohibit the sale, possession or use of hypodermic 21 syringes or hypodermic needles for treatment of livestock or 22 poultry by the owner or keeper thereof or a person engaged in 23 chemical, clinical, pharmaceutical or other scientific 24 research. 25 (b) A pharmacist may sell up to 10 sterile hypodermic 26 syringes to a person who is at least 18 years of age, 27 regardless of whether the person has a prescription for the 28 syringes. Any syringe sold pursuant to this subsection (b) 29 must be stored at a pharmacy and in a manner that limits 30 access to the syringes to pharmacists employed at the 31 pharmacy and any persons designated by any such pharmacist. 32 Any syringe sold at a pharmacy pursuant to this subsection 33 (b) may be sold only from the pharmacy department of the HB0298 Engrossed -3- LRB9101626LDks 1 pharmacy. 2 (Source: Laws 1955, p. 1408.) 3 (720 ILCS 635/2.5 new) 4 Sec. 2.5. Educational materials; guidelines for disposal. 5 (a) The Illinois Department of Public Health shall 6 develop educational materials and make copies of the 7 educational materials available to pharmacists. Pharmacists 8 shall make these educational materials available to persons 9 who purchase syringes as authorized pursuant to subsection 10 (b) of Section 1. The educational materials shall include 11 information regarding safer injection, HIV prevention, 12 syringe disposal, and drug treatment. 13 (b) The Illinois Department of Public Health shall 14 create guidelines to advise local communities on implementing 15 syringe disposal policies that meet regional needs and are 16 consistent with or more stringent than current rules adopted 17 by the Environmental Protection Agency.