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Public Act 100-0250


 

Public Act 0250 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0250
 
HB0524 EnrolledLRB100 08001 MJP 18082 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Safe Pharmaceutical Disposal Act is amended
by changing Section 17 as follows:
 
    (210 ILCS 150/17)
    Sec. 17. Pharmaceutical disposal. Notwithstanding any
provision of law, any county or city, village, or municipality
may authorize the use of its city hall, or police department,
or any other facility under the county's or municipality's
control to display a container suitable for use as a receptacle
for used, expired, or unwanted pharmaceuticals. These used,
expired, or unwanted pharmaceuticals may include unused
medication and prescription drugs, as well as controlled
substances if collected in accordance with federal law. This
receptacle shall only permit the deposit of items, and the
contents shall be locked and secured. The container shall be
accessible to the public and shall have posted clearly legible
signage indicating that expired or unwanted prescription drugs
may be disposed of in the receptacle. The county or
municipality shall provide continuous or regular notice to the
public regarding the availability of the receptacle. To the
extent allowed under federal law, pharmaceuticals collected
under this Section may be disposed of in a drug destruction
device, as defined in Section 22.58 of the Environmental
Protection Act.
(Source: P.A. 99-480, eff. 9-9-15.)
 
    Section 10. The Environmental Protection Act is amended by
changing Section 22.58 as follows:
 
    (415 ILCS 5/22.58)
    Sec. 22.58. Drug destruction by law enforcement agency.
    (a) For purposes of this Section:
    "Drug destruction device" means a device that is (i)
designed by its manufacturer to destroy drug evidence and
render it non-retrievable and (ii) used exclusively for that
purpose or, to the extent allowed under federal law, to destroy
pharmaceuticals collected under Section 17 of the Safe
Pharmaceutical Disposal Act.
    "Drug evidence" means any illegal drug collected as
evidence by a law enforcement agency. "Drug evidence" does not
include hazardous waste.
    "Illegal drug" means any one or more of the following when
obtained without a prescription or otherwise in violation of
the law:
        (1) any substance as defined and included in the
    Schedules of Article II of the Illinois Controlled
    Substances Act;
        (2) any cannabis as defined in Section 3 of the
    Cannabis Control Act; or
        (3) any drug as defined in paragraph (b) of Section 3
    of the Pharmacy Practice Act.
    "Law enforcement agency" means an agency of this State or
unit of local government that is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances.
    "Non-retrievable" means the condition or state following a
process that permanently alters the illegal drug's physical or
chemical condition or state through irreversible means and
thereby renders the illegal drug unavailable and unusable for
all practical purposes.
    (b) To the extent allowed under federal law, drug evidence
that is placed into a drug destruction device by a law
enforcement agency at the location where the evidence is stored
by the agency and that is destroyed under the supervision of
the agency in accordance with the specifications of the device
manufacturer shall not be considered discarded or a waste under
this Act until it is rendered non-retrievable.
(Source: P.A. 99-60, eff. 7-16-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/22/2017