Public Act 094-0641
Public Act 0641 94TH GENERAL ASSEMBLY
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Public Act 094-0641
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| HB0523 Enrolled |
LRB094 03776 RSP 33785 b |
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| AN ACT concerning safety.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Department of Public Health Powers and | Duties Law of the
Civil Administrative Code of Illinois is | amended by adding Section 2310-252 as follows:
| (20 ILCS 2310/2310-252 new) | Sec. 2310-252. Guidelines for needle disposal; education.
| (a) The Illinois Department of Public Health, in | cooperation with the Illinois Environmental Protection Agency, | must create guidelines for the proper disposal of hypodermic | syringes, needles, and other sharps used for | self-administration purposes that are consistent with the | available guidelines regarding disposal for home health care | products provided by the United States Environmental | Protection Agency. In establishing these guidelines, the | Department shall promote flexible and convenient disposal | methods appropriate to the area and level of services available | to the person disposing of the hypodermic syringe, needle, or | other sharps. The Department guidelines shall encourage the use | of safe disposal programs that include, but are not limited to, | the following: | (1) drop box or supervised collection sites; | (2) sharps mail-back programs; | (3) syringe exchange programs; and | (4) at-home needle destruction devices. | (b) The Illinois Department of Public Health must develop | educational materials regarding the safe disposal of | hypodermic syringes, needles, and other sharps and distribute | copies of these educational materials to pharmacies and the | public. The educational materials must include information | regarding safer injection, HIV prevention, proper methods for |
| the disposal of hypodermic syringes, needles, and other sharps, | and contact information for obtaining treatment for drug abuse | and addiction.
| Section 10. The Environmental Protection Act is amended by | changing Section
56.1 and by adding Sections 3.458 and 56.7 as | follows:
| (415 ILCS 5/3.458 new)
| Sec. 3.458. Sharps collection station.
| (a) "Sharps collection station" means a designated area at | an applicable
facility where (i) hypodermic, intravenous, or | other medical needles or syringes or other sharps, or (ii) | medical household waste containing
medical sharps, including, | but not limited to, hypodermic, intravenous, or
other medical | needles or syringes or other sharps, are collected
for | transport, storage, treatment, transfer, or disposal.
| (b) For purposes of this Section, "applicable facility" | means any of the
following:
| (1) A hospital.
| (2) An ambulatory surgical treatment center, | physician's office, clinic, or other setting where a | physician provides care.
| (3) A pharmacy employing a registered pharmacist.
| (4) The principal place of business of any government | official who is
authorized under Section 1 of the | Hypodermic Syringes and Needles Act (720 ILCS
635/) to | possess hypodermic, intravenous, or other medical needles, | or
hypodermic or intravenous syringes, by reason of his or | her official duties.
| (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
| Sec. 56.1. Acts prohibited.
| (A) No person shall:
| (a) Cause or allow the disposal of any potentially | infectious medical
waste. Sharps may be disposed in any |
| landfill permitted by the Agency under
Section 21 of this Act | to accept municipal waste for disposal, if both:
| (1) the infectious potential has been eliminated from | the sharps by
treatment; and
| (2) the sharps are packaged in accordance with Board | regulations.
| (b) Cause or allow the delivery of any potentially | infectious medical
waste for transport, storage, treatment, or | transfer except in accordance
with Board regulations.
| (c) Beginning July 1, 1992, cause or allow the delivery of | any
potentially infectious medical waste to a person or | facility for storage,
treatment, or transfer that does not have | a permit issued by the agency to
receive potentially infectious | medical waste, unless no permit is required
under subsection | (g)(1).
| (d) Beginning July 1, 1992, cause or allow the delivery or | transfer of
any potentially infectious medical waste for | transport unless:
| (1) the transporter has a permit issued by the Agency | to transport
potentially infectious medical waste, or the | transporter is exempt from the
permit requirement set forth | in subsection (f)(l).
| (2) a potentially infectious medical waste manifest is | completed for
the waste if a manifest is required under | subsection (h).
| (e) Cause or allow the acceptance of any potentially | infectious medical
waste for purposes of transport, storage, | treatment, or transfer except in
accordance with Board | regulations.
| (f) Beginning July 1, 1992, conduct any potentially | infectious medical
waste transportation operation:
| (1) Without a permit issued by the Agency to transport | potentially
infectious medical waste. No permit is | required under this provision (f)(1)
for:
| (A) a person transporting potentially infectious | medical waste
generated solely by that person's |
| activities;
| (B) noncommercial transportation of less than 50 | pounds of potentially
infectious medical waste at any | one
time; or
| (C) the U.S. Postal Service.
| (2) In violation of any condition of any permit issued | by the Agency
under this Act.
| (3) In violation of any regulation adopted by the | Board.
| (4) In violation of any order adopted by the Board | under this Act.
| (g) Beginning July 1, 1992, conduct any potentially | infectious medical
waste treatment, storage, or transfer | operation:
| (1) without a permit issued by the Agency that | specifically
authorizes the treatment, storage, or transfer of | potentially infectious
medical waste. No permit is required | under this subsection (g) or subsection (d)(1) of Section 21 | for any:
| (A) Person conducting a potentially infectious | medical waste
treatment, storage, or transfer | operation for potentially infectious
medical waste | generated by the person's own activities that are | treated,
stored, or transferred within the site where | the potentially infectious
medical waste is generated.
| (B) Hospital that treats, stores, or transfers | only potentially
infectious medical waste generated by | its own activities or by members of its
medical staff.
| (C) Sharps collection station that is operated in | accordance with
Section 56.7.
| (2) in violation of any condition of any permit issued | by the Agency
under this Act.
| (3) in violation of any regulation adopted by the | Board.
| (4) In violation of any order adopted by the Board | under this Act.
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| (h) Transport potentially infectious medical waste unless | the
transporter carries a completed potentially infectious | medical waste
manifest. No manifest is required for the | transportation of:
| (1) potentially infectious medical waste being | transported by
generators who generated the waste by their | own activities, when the
potentially infectious medical | waste is transported within or between sites
or facilities | owned, controlled, or operated by that person;
| (2) less than 50 pounds of potentially infectious | medical waste at
any one time for a noncommercial
| transportation activity; or
| (3) potentially infectious medical waste by the U.S. | Postal Service.
| (i) Offer for transportation, transport, deliver, receive | or accept
potentially infectious medical waste for which a | manifest is required,
unless the manifest indicates that the | fee required under Section 56.4 of
this Act has been paid.
| (j) Beginning January 1, 1994, conduct a potentially | infectious medical
waste treatment operation at an incinerator | in existence on the effective
date of this Title in violation | of emission standards established
for these incinerators under | Section 129 of the Clean Air Act (42 USC 7429),
as amended.
| (B) In making its orders and determinations relative to
| penalties, if any, to be imposed for violating subdivision | (A)(a) of
this Section, the Board, in addition to the
factors | in Sections 33(c) and 42(h) of this Act, or the Court shall | take into
consideration whether the owner or operator of the | landfill reasonably relied
on written statements from the | person generating or treating the waste that
the waste is not | potentially infectious medical waste.
| (Source: P.A. 92-574, eff. 6-26-02.)
| (415 ILCS 5/56.7 new)
| Sec. 56.7. No permit shall be required under subsection | (d)(1) of Section 21 or subsection (g) of Section 56.1 of this
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| Act for a sharps collection station if the station is operated | in accordance
with all of the following:
| (1) The only waste accepted at the sharps collection | station is (i)
hypodermic, intravenous, or other medical | needles or syringes or other sharps, or (ii) medical | household waste containing used or
unused sharps, | including but not limited to, hypodermic, intravenous, or | other
medical needles or syringes or other sharps.
| (2) The waste is stored and transferred in the same | manner as required for
potentially infectious medical | waste under this Act and under Board
regulations.
| (3) The waste is not treated at the sharps collection | station unless it is
treated in the same manner as required | for potentially infectious medical waste
under this Act and | under Board regulations.
| (4) The waste is not disposed of at the sharps | collection station.
| (5) The waste is transported in the same manner as | required for
potentially infectious medical waste under | this Act and under Board
regulations.
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/22/2005
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