HB2277ham004 95TH GENERAL ASSEMBLY

Rep. Naomi D. Jakobsson

Filed: 2/21/2008

09500HB2277ham004 LRB095 01301 BDD 46696 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 and Consumer Drug and Sharps Disposal Act.

Section 5. Definitions. For purposes of this Act:

(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) "Controlled substance" has the same meaning as provided in subsection (f) of Section 102 of the Illinois Controlled Substances Act.

(d) "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.

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

(f) "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.

(g) "Sharps collection station" has the meaning set forth under Section 3.458 of the Environmental Protection Act.

Section 10. Prescription and Consumer Drug and Sharps Disposal Pilot Program. To reduce the improper disposal of prescription and consumer 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 and Consumer Drug and Sharps Disposal Pilot Program through which prescription and consumer drugs may be disposed of by safe and environmentally sound methods. The Agency shall determine which drugs are eligible for the take-back disposal program. The pilot program shall be conducted for a period of at least one year in at least 2 counties in the State.

Upon termination of the pilot program under this Section, the Agency may extend the Prescription and Consumer Drug and Sharps Disposal Program to additional counties in the State.

Section 15. Collection and disposal.

(a) Beginning July 1, 2008 and continuing through July 1, 2009, each authorized pharmacy and retail establishment 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 eligible drugs from consumers for the proper disposal of those drugs and shall have a sharps collection station available.

(b) A system for safe and secure acceptance and collection of drugs and sharps 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 eligible drug of a type or brand that the retailer sold or had sold.

(2) A sharps collection station that is available to any person regardless of where the sharps were sold or obtained.

(3) A conspicuous notice to consumers that includes informational materials, including, but not limited to, an Internet website link or a telephone number, placed on the invoice or purchase order, or otherwise provided with the packaged drug by the dispensing pharmacy or retailer, that provides information necessary to access additional information about the opportunities and locations for no-cost drug recycling.

(4) Information about drug return opportunities and sharps collection provided by the pharmacy or 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 drug disposal and sharps 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.

(d) The Agency may include controlled substances in the Prescription and Consumer Drug Disposal Pilot Program only to the extent allowed by federal and State law.

Section 20. No rules. Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this Act. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this Act, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this Act shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this Section, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.".