SB2155sam001 96TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 3/12/2009

09600SB2155sam001 LRB096 11549 DRJ 23275 a

AMENDMENT TO SENATE BILL 2155

AMENDMENT NO. ______. Amend Senate Bill 2155 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Unused Pharmaceuticals Disposal Program Act.

Section 5. Purpose and findings. The purpose of this Act is to ensure the safe, effective, and proper disposal of unused pharmaceuticals. For purposes of compliance with federal law and regulations, the return of pharmaceuticals under this Act is deemed to be for law enforcement purposes. The General Assembly finds that a convenient, safe, secure, and environmentally sound product stewardship program for the collection, transportation, and disposal of unwanted drugs from residential sources may help to avoid accidental poisonings, decrease illegitimate access to drugs that can lead to abuse, and protect our surface and groundwater.

Section 10. Definitions. In this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Program" means the Unused Pharmaceuticals Disposal Program created under this Act.

Section 15. Program created.

(a) The Agency shall create the Unused Pharmaceuticals Disposal Program for the return of unused pharmaceuticals. The program must use prepaid mailing envelopes into which the unused pharmaceuticals are placed and returned to a single collection location. The Agency must make the prepaid mailing envelopes available to the public at various locations, including, without limitation, pharmacies, physicians' offices, and post offices.

(b) The Agency may randomly assess the toxicity of materials received under the program. The Agency must ensure, however, that the assessment results do not identify the patient for whom any unused pharmaceuticals were prescribed, the person who mailed the unused pharmaceuticals, the person who prescribed the unused pharmaceuticals, or the pharmacy that dispensed the unused pharmaceuticals.

Section 20. Disposal of pharmaceuticals.

(a) The Agency shall ensure that only Agency employees handle the unused pharmaceuticals that are returned under the program.

(b) The Agency shall ensure that the unused pharmaceuticals collected under the program are disposed of in a manner that is designed to be effective, secure, and in compliance with local, State, and federal environmental requirements, including the federal Resource Conservation and Recovery Act of 1976.

Section 25. Unused Pharmaceuticals Disposal Program Fund. The Unused Pharmaceuticals Disposal Program Fund is created as a special fund in the State treasury. The fund shall consist of moneys made available by public or private entities, including, but not limited to, contracts, public or private financial gifts, bequests, grants, or donations from individuals, corporations, foundations, or public or private institutions of higher learning. Moneys in the fund shall be appropriated to the Agency for use in implementing this Act.

Section 30. The State Finance Act is amended by adding Section 5.719 as follows:

(30 ILCS 105/5.719 new)

Sec. 5.719. The Unused Pharmaceuticals Disposal Program Fund.

Section 99. Effective date. This Act takes effect January 1, 2010.".