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Public Act 100-0345


 

Public Act 0345 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0345
 
HB0706 EnrolledLRB100 05394 MJP 15405 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 Sections 5 and 18 as follows:
 
    (210 ILCS 150/5)
    Sec. 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.
    "Law enforcement agency" means any federal, State, or local
law enforcement agency, including a State's Attorney and the
Attorney General.
    "Nurse" means an advanced practice nurse, registered
nurse, or licensed practical nurse licensed under the Nurse
Practice Act.
    "Public wastewater collection system" means any wastewater
collection system regulated by the Environmental Protection
Agency.
    "Unused medication" means any unopened, expired, or excess
(including medication unused as a result of the death of the
patient) 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.
(Source: P.A. 99-648, eff. 1-1-17.)
 
    (210 ILCS 150/18)
    Sec. 18. Unused medications at the scene of a death.
    (a) Notwithstanding any provision of law to the contrary,
the Department of State Police may by rule authorize State
Police officers to dispose of any unused medications found at
the scene of a death the State Police officer is investigating.
A State Police officer may only dispose of any unused
medications under this subsection after consulting with any
other investigating law enforcement agency to ensure that the
unused medications will not be needed as evidence in any
investigation. This Section shall not apply to any unused
medications a State Police officer takes into custody as part
of any investigation into a crime.
    (b) Notwithstanding any provision of law to the contrary, a
local governmental agency may authorize police officers to
dispose of any unused medications found at the scene of a death
a police officer is investigating. A police officer may only
dispose of any unused medications under this subsection after
consulting with any other investigating law enforcement agency
to ensure that the unused medications will not be needed as
evidence in any investigation. This Section shall not apply to
any unused medications a police officer takes into custody as
part of any investigation into a crime.
    (c) Notwithstanding any provision of law to the contrary, a
coroner or medical examiner may dispose of any unused
medications found at the scene of a death the coroner or
medical examiner is investigating. A coroner or medical
examiner may only dispose of any unused medications under this
subsection after consulting with any investigating law
enforcement agency to ensure that the unused medications will
not be needed as evidence in any investigation.
    (d) Any disposal under this Section shall be in accordance
with Section 17 of this Act or another State or federally
approved medication take-back program or location.
    (e) This Section shall not apply to prescription drugs for
which the United States Food and Drug Administration created a
Risk Evaluation and Mitigation Strategy for under the Food and
Drug Administration Amendments Act of 2007.
    (f) Nothing in this Section shall be construed to require a
search of the scene for unused medications.
    (g) Prior to disposal of any medication collected as
evidence in a criminal investigation under this Section, a
State Police officer, police officer, coroner, or medical
examiner shall photograph the unused medication and its
container or packaging, if available; document the number or
amount of medication to be disposed; and include the
photographs and documentation in the police report, coroner
report, or medical examiner report.
    (h) If an autopsy is performed as part of a death
investigation, no medication seized under this Section shall be
disposed of until after a toxicology report is received by the
entity requesting the report.
    (i) If a police officer, State Police officer, coroner, or
medical examiner is not present at the scene of a death, a
nurse may dispose of any unused medications found at the scene
of a death the nurse is present at while engaging in the
performance of his or her duties. A nurse may dispose of any
unused medications under this subsection only after consulting
with any investigating law enforcement agency to ensure that
the unused medications will not be needed as evidence in an
investigation.
    (j) When an individual authorized to dispose of unused
medication under this Section disposes of unused medication
under this Section in good faith, the individual, and his or
her employer, employees, and agents, shall incur no criminal
liability or professional discipline.
(Source: P.A. 99-648, eff. 1-1-17.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2017