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91_HB0298ham003 LRB9101626LDpram02 1 AMENDMENT TO HOUSE BILL 298 2 AMENDMENT NO. . Amend House Bill 298, AS AMENDED, by 3 replacing the title with the following: 4 "AN ACT to amend the Hypodermic Syringes and Needles Act 5 by changing Sections 1 and 2 and adding Section 2.5."; and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 5. The Hypodermic Syringes and Needles Act is 9 amended by changing Sections 1 and 2 and adding Section 2.5 10 as follows: 11 (720 ILCS 635/1) (from Ch. 38, par. 22-50) 12 Sec. 1. Possession of hypodermic syringes and hypodermic 13 needles. 14 (a) Except as provided in subsection (b), no person, not 15 being a physician, dentist, chiropodist or veterinarian 16 licensed under the laws of this State or of the state where 17 he resides, or a registered professional nurse, or a 18 registered embalmer, manufacturer or dealer in embalming 19 supplies, wholesale druggist, manufacturing pharmacist, 20 registered pharmacist, manufacturer of surgical instruments, -2- LRB9101626LDpram02 1 industrial user, official of any government having possession 2 of the articles hereinafter mentioned by reason of his 3 official duties, nurse or a medical laboratory technician 4 acting under the direction of a physician or dentist, 5 employee of an incorporated hospital acting under the 6 direction of its superintendent or officer in immediate 7 charge, or a carrier or messenger engaged in the 8 transportation of such articles, or the holder of a permit 9 issued under Section 5 of this Act, or a farmer engaged in 10 the use of such instruments on livestock, or a person engaged 11 in chemical, clinical, pharmaceutical or other scientific 12 research, shall have in his possession a hypodermic syringe, 13 hypodermic needle, or any instrument adapted for the use of 14 controlled substances or cannabis by subcutaneous injection. 15 (b) A person who is at least 18 years of age may 16 purchase from a pharmacy and have in his or her possession up 17 to 10 sterile hypodermic syringes, regardless of whether he 18 or she has a prescription for the syringes. 19 (Source: P.A. 77-771.) 20 (720 ILCS 635/2) (from Ch. 38, par. 22-51) 21 Sec. 2. Sale of hypodermic syringes and hypodermic 22 needles. 23 (a) Except as provided in subsection (b), no such 24 syringe, needle or instrument shall be delivered or sold to, 25 or exchanged with, any person except a registered pharmacist, 26 physician, dentist, veterinarian, registered embalmer, 27 manufacturer or dealer in embalming supplies, wholesale 28 druggist, manufacturing pharmacist, industrial user, a nurse 29 upon the written order of a physician or dentist, the holder 30 of a permit issued under Section 5 of this Act, a registered 31 chiropodist, or an employee of an incorporated hospital upon 32 the written order of its superintendent or officer in 33 immediate charge; provided that the provisions of this Act -3- LRB9101626LDpram02 1 shall not prohibit the sale, possession or use of hypodermic 2 syringes or hypodermic needles for treatment of livestock or 3 poultry by the owner or keeper thereof or a person engaged in 4 chemical, clinical, pharmaceutical or other scientific 5 research. 6 (b) A pharmacist may sell up to 10 sterile hypodermic 7 syringes to a person who is at least 18 years of age, 8 regardless of whether the person has a prescription for the 9 syringes. Any syringe sold pursuant to this subsection (b) 10 must be stored at a pharmacy and in a manner that limits 11 access to the syringes to pharmacists employed at the 12 pharmacy and any persons designated by any such pharmacist. 13 Any syringe sold at a pharmacy pursuant to this subsection 14 (b) may be sold only from the pharmacy department of the 15 pharmacy. 16 (Source: Laws 1955, p. 1408.) 17 (720 ILCS 635/2.5 new) 18 Sec. 2.5. Educational materials; guidelines for disposal. 19 (a) The Illinois Department of Public Health shall 20 develop educational materials and make copies of the 21 educational materials available to pharmacists. Pharmacists 22 shall make these educational materials available to persons 23 who purchase syringes as authorized pursuant to subsection 24 (b) of Section 1. The educational materials shall include 25 information regarding safer injection, HIV prevention, 26 syringe disposal, and drug treatment. 27 (b) The Illinois Department of Public Health shall 28 create guidelines to advise local communities on implementing 29 syringe disposal policies that meet regional needs and are 30 consistent with or more stringent than current rules adopted 31 by the Environmental Protection Agency.".