HB2277ham001 95TH GENERAL ASSEMBLY

Rep. Jack McGuire

Filed: 4/25/2007

09500HB2277ham001 LRB095 01301 CMK 35490 a

AMENDMENT TO HOUSE BILL 2277

AMENDMENT NO. ______. Amend House Bill 2277 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Prescription Drug Disposal Act.

Section 5. Definitions. For purposes of this article:

(a) "Agency" means the Illinois Environmental Protection Agency.

(b) "Consumer" means an individual purchaser or owner of a drug. "Consumer" does not include a business, corporation, limited partnership, or any entity involved in a wholesale transaction between a distributor and retailer.

(c) "Drug" means any of the following:

(1) Articles recognized in the official United States Pharmacopoeia, or any supplement thereof, the official National Formulary, or any supplement thereof, or the official Homeopathic Pharmacopoeia of the United States, or any supplement thereof.

(2) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals.

(3) Articles, excluding food, intended to affect the structure or any function of the body of humans or other animals.

(4) Articles intended for use as a component of any article specified in items (1), (2), or (3) of this subsection.

(d) "Pharmacy" or "authorized pharmacy" means any pharmacy registered in this State under the Pharmacy Practice Act of 1987.

(e) "Sale" includes, but is not limited to, transactions conducted through sales outlets, catalogs, the Internet, or any other similar electronic means. "Sale" does not include any sale that is a wholesale transaction involving a distributor or retailer.

Section 10. Prescription Drug Disposal Pilot Program. To reduce the improper disposal of prescription drugs in this State, the Agency, in collaboration with the Department of Public Health and the Department of Financial and Professional Regulation, shall implement a Prescription Drug Disposal Pilot Program through which prescription drugs may be disposed of by safe and environmentally sound methods. The pilot program shall be conducted for a period of at least one year in at least 2 counties in the State.

Section 15. Collection and disposal.

(a) Beginning July 1, 2008 and continuing through July 1, 2009, every authorized pharmacy or retailer that contains an authorized pharmacy located in a county that is participating in the pilot program shall have in place a system for safe and secure acceptance and collection of drugs for proper disposal.

(b) A system for safe and secure acceptance and collection of drugs for proper disposal shall, at a minimum, include all of the following elements:

(1) The take-back, at no cost to the consumer, of any drug of a type or brand that the retailer sold or had sold.

(2) A conspicuous notice to consumers that shall include informational materials, including, but not limited to, Internet website links or a telephone number, placed on the invoice or purchase order, or packaged with the drug, that provides information necessary to access additional information about the opportunities and locations for no-cost drug recycling.

(3) Information about drug return opportunities provided by the retailer that encourages consumers to use those opportunities. This information may include, but is not limited to, one or more of the following:

(A) Signage that is prominently displayed and easily visible to the consumer.

(B) Written materials provided to the consumer at the time of purchase or delivery, or both.

(C) Reference to the drug take-back opportunity in that retailer's advertising or other promotional materials, or both.

(D) Direct communications with the consumer at the time of purchase.

(c) Any retailer or pharmacy with an independent prescription drug disposal program that is consistent with the pilot program and is in place on or before July 1, 2008 and remains in effect through July 1, 2009 shall be deemed in compliance with this Act.".