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| Public Act 096-0221 |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Safe | ||||
Pharmaceutical Disposal Act. | ||||
Section 5. Definitions. In this Act: | ||||
"Health care institution" means any public or private | ||||
institution or agency licensed or certified by State law to | ||||
provide health care. The term includes hospitals, nursing | ||||
homes, residential health care facilities, home health care | ||||
agencies, hospice programs operating in this State, | ||||
institutions, facilities, or agencies that provide services to | ||||
persons with mental health illnesses, and institutions, | ||||
facilities, or agencies that provide services for persons with | ||||
developmental disabilities. | ||||
"Public wastewater collection system" means any wastewater | ||||
collection system regulated by the Environmental Protection | ||||
Agency. | ||||
"Unused medication" means any unopened, expired, or excess | ||||
medication that has been dispensed for patient or resident care | ||||
and that is in a solid form. The term includes pills, tablets, | ||||
capsules, and caplets. For long-term care facilities licensed | ||||
under the Nursing Home Care Act, "unused medication" does not | ||||
include any Schedule II controlled substance under federal law | ||
in any form, until such time as the federal Drug Enforcement | ||
Administration adopts regulations that permit these facilities | ||
to dispose of controlled substances in a manner consistent with | ||
this Act.
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Section 10. Disposal of unused medications prohibited. | ||
(a) Except for medications contained in intravenous | ||
fluids, syringes, or transdermal patches, no health care | ||
institution, nor any employee, staff person, contractor, or | ||
other person acting under the direction or supervision of a | ||
health care institution, may discharge, dispose of, flush, | ||
pour, or empty any unused medication into a public wastewater | ||
collection system or septic system. | ||
(b) A violation of this Section is a petty offense subject | ||
to a fine of $500. Fines collected under this Act from | ||
facilities licensed under the Nursing Home Care Act shall be | ||
deposited into the Long Term Care Monitor/Receiver Fund. Fines | ||
collected from all other health care institutions under this | ||
Act shall be deposited into the Environmental Protection Trust | ||
Fund. | ||
Section 15. Health care institution protocols. Nursing | ||
homes, residential health care facilities, home health care | ||
agencies, hospice programs operating in this State, | ||
institutions, facilities, or agencies that provide services to | ||
persons with mental health illnesses, and institutions, | ||
facilities, or agencies that provide services for persons with | ||
developmental disabilities shall modify their written | ||
medication protocols to be consistent with the requirements of | ||
this Act. | ||
Section 20. Oversight. Each agency having regulatory | ||
oversight responsibility for a type of health care institution | ||
as defined in this Act shall be responsible for ensuring those | ||
institutions' compliance with this Act.
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Section 99. Effective date. This Act takes effect January | ||
1, 2010.
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