Rep. Barbara Wheeler

Filed: 3/15/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 524

2    AMENDMENT NO. ______. Amend House Bill 524, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Safe Pharmaceutical Disposal Act is amended
6by changing Section 17 as follows:
 
7    (210 ILCS 150/17)
8    Sec. 17. Pharmaceutical disposal. Notwithstanding any
9provision of law, any county or city, village, or municipality
10may authorize the use of its city hall, or police department,
11or any other facility under the county's or municipality's
12control to display a container suitable for use as a receptacle
13for used, expired, or unwanted pharmaceuticals. These used,
14expired, or unwanted pharmaceuticals may include unused
15medication and prescription drugs, as well as controlled
16substances if collected in accordance with federal law. This

 

 

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1receptacle shall only permit the deposit of items, and the
2contents shall be locked and secured. The container shall be
3accessible to the public and shall have posted clearly legible
4signage indicating that expired or unwanted prescription drugs
5may be disposed of in the receptacle. The county or
6municipality shall provide continuous or regular notice to the
7public regarding the availability of the receptacle. To the
8extent allowed under federal law, pharmaceuticals collected
9under this Section may be disposed of in a drug destruction
10device, as defined in Section 22.58 of the Environmental
11Protection Act.
12(Source: P.A. 99-480, eff. 9-9-15.)
 
13    Section 10. The Environmental Protection Act is amended by
14changing Section 22.58 as follows:
 
15    (415 ILCS 5/22.58)
16    Sec. 22.58. Drug destruction by law enforcement agency.
17    (a) For purposes of this Section:
18    "Drug destruction device" means a device that is (i)
19designed by its manufacturer to destroy drug evidence and
20render it non-retrievable and (ii) used exclusively for that
21purpose or, to the extent allowed under federal law, to destroy
22pharmaceuticals collected under Section 17 of the Safe
23Pharmaceutical Disposal Act.
24    "Drug evidence" means any illegal drug collected as

 

 

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1evidence by a law enforcement agency. "Drug evidence" does not
2include hazardous waste.
3    "Illegal drug" means any one or more of the following when
4obtained without a prescription or otherwise in violation of
5the law:
6        (1) any substance as defined and included in the
7    Schedules of Article II of the Illinois Controlled
8    Substances Act;
9        (2) any cannabis as defined in Section 3 of the
10    Cannabis Control Act; or
11        (3) any drug as defined in paragraph (b) of Section 3
12    of the Pharmacy Practice Act.
13    "Law enforcement agency" means an agency of this State or
14unit of local government that is vested by law or ordinance
15with the duty to maintain public order and to enforce criminal
16laws or ordinances.
17    "Non-retrievable" means the condition or state following a
18process that permanently alters the illegal drug's physical or
19chemical condition or state through irreversible means and
20thereby renders the illegal drug unavailable and unusable for
21all practical purposes.
22    (b) To the extent allowed under federal law, drug evidence
23that is placed into a drug destruction device by a law
24enforcement agency at the location where the evidence is stored
25by the agency and that is destroyed under the supervision of
26the agency in accordance with the specifications of the device

 

 

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1manufacturer shall not be considered discarded or a waste under
2this Act until it is rendered non-retrievable.
3(Source: P.A. 99-60, eff. 7-16-15.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".