Illinois General Assembly - Full Text of SB1919
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Full Text of SB1919  96th General Assembly

SB1919ham002 96TH GENERAL ASSEMBLY

Rep. Karen May

Filed: 5/19/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1919

2     AMENDMENT NO. ______. Amend Senate Bill 1919, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 1. Short title. This Act may be cited as the Safe
6 Pharmaceutical Disposal Act.
 
7     Section 5. Definitions. In this Act:
8     "Health care institution" means any public or private
9 institution or agency licensed or certified by State law to
10 provide health care. The term includes hospitals, nursing
11 homes, residential health care facilities, home health care
12 agencies, hospice programs operating in this State,
13 institutions, facilities, or agencies that provide services to
14 persons with mental health illnesses, and institutions,
15 facilities, or agencies that provide services for persons with
16 developmental disabilities.

 

 

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1     "Public wastewater collection system" means any wastewater
2 collection system regulated by the Environmental Protection
3 Agency.
4     "Unused medication" means any unopened, expired, or excess
5 medication that has been dispensed for patient or resident care
6 and that is in a solid form. The term includes pills, tablets,
7 capsules, and caplets. For long-term care facilities licensed
8 under the Nursing Home Care Act, "unused medication" does not
9 include any Schedule II controlled substance under federal law
10 in any form, until such time as the federal Drug Enforcement
11 Administration adopts regulations that permit these facilities
12 to dispose of controlled substances in a manner consistent with
13 this Act.
 
14     Section 10. Disposal of unused medications prohibited.
15     (a) Except for medications contained in intravenous
16 fluids, syringes, or transdermal patches, no health care
17 institution, nor any employee, staff person, contractor, or
18 other person acting under the direction or supervision of a
19 health care institution, may discharge, dispose of, flush,
20 pour, or empty any unused medication into a public wastewater
21 collection system or septic system.
22     (b) A violation of this Section is a petty offense subject
23 to a fine of $500. Fines collected under this Act from
24 facilities licensed under the Nursing Home Care Act shall be
25 deposited into the Long Term Care Monitor/Receiver Fund. Fines

 

 

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1 collected from all other health care institutions under this
2 Act shall be deposited into the Environmental Protection Trust
3 Fund.
 
4     Section 15. Health care institution protocols. Nursing
5 homes, residential health care facilities, home health care
6 agencies, hospice programs operating in this State,
7 institutions, facilities, or agencies that provide services to
8 persons with mental health illnesses, and institutions,
9 facilities, or agencies that provide services for persons with
10 developmental disabilities shall modify their written
11 medication protocols to be consistent with the requirements of
12 this Act.
 
13     Section 20. Oversight. Each agency having regulatory
14 oversight responsibility for a type of health care institution
15 as defined in this Act shall be responsible for ensuring those
16 institutions' compliance with this Act.
 
17     Section 99. Effective date. This Act takes effect January
18 1, 2010.".