101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4082

 

Introduced 1/16/2020, by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/3.360  was 415 ILCS 5/3.84
415 ILCS 5/56.1  from Ch. 111 1/2, par. 1056.1

    Amends the Environmental Protection Act. Excludes tissue and products from an abortion from the definition of "potentially infectious medical waste". Requires (currently, allows) tissue and products from an abortion or a miscarriage to be buried, entombed, or cremated.


LRB101 16148 CPF 65515 b

 

 

A BILL FOR

 

HB4082LRB101 16148 CPF 65515 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 3.360 and 56.1 as follows:
 
6    (415 ILCS 5/3.360)  (was 415 ILCS 5/3.84)
7    Sec. 3.360. Potentially infectious medical waste.
8    (a) "Potentially infectious medical waste" means the
9following types of waste generated in connection with the
10diagnosis, treatment (i.e., provision of medical services), or
11immunization of human beings or animals; research pertaining to
12the provision of medical services; or the production or testing
13of biologicals:
14        (1) Cultures and stocks. This waste shall include but
15    not be limited to cultures and stocks of agents infectious
16    to humans, and associated biologicals; cultures from
17    medical or pathological laboratories; cultures and stocks
18    of infectious agents from research and industrial
19    laboratories; wastes from the production of biologicals;
20    discarded live or attenuated vaccines; or culture dishes
21    and devices used to transfer, inoculate, or mix cultures.
22        (2) Human pathological wastes. This waste shall
23    include tissue, organs, and body parts (except teeth and

 

 

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1    the contiguous structures of bone and gum); body fluids
2    that are removed during surgery, autopsy, or other medical
3    procedures; or specimens of body fluids and their
4    containers.
5        (3) Human blood and blood products. This waste shall
6    include discarded human blood, blood components (e.g.,
7    serum and plasma), or saturated material containing free
8    flowing blood or blood components.
9        (4) Used sharps. This waste shall include but not be
10    limited to discarded sharps used in animal or human patient
11    care, medical research, or clinical or pharmaceutical
12    laboratories; hypodermic, intravenous, or other medical
13    needles; hypodermic or intravenous syringes; Pasteur
14    pipettes; scalpel blades; or blood vials. This waste shall
15    also include but not be limited to other types of broken or
16    unbroken glass (including slides and cover slips) in
17    contact with infectious agents.
18        (5) Animal waste. Animal waste means discarded
19    materials, including carcasses, body parts, body fluids,
20    blood, or bedding originating from animals inoculated
21    during research, production of biologicals, or
22    pharmaceutical testing with agents infectious to humans.
23        (6) Isolation waste. This waste shall include
24    discarded materials contaminated with blood, excretions,
25    exudates, and secretions from humans that are isolated to
26    protect others from highly communicable diseases. "Highly

 

 

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1    communicable diseases" means those diseases identified by
2    the Board in rules adopted under subsection (e) of Section
3    56.2 of this Act.
4        (7) Unused sharps. This waste shall include but not be
5    limited to the following unused, discarded sharps:
6    hypodermic, intravenous, or other needles; hypodermic or
7    intravenous syringes; or scalpel blades.
8    (b) Potentially infectious medical waste does not include:
9        (1) waste generated as general household waste;
10        (2) waste (except for sharps) for which the infectious
11    potential has been eliminated by treatment;
12        (3) sharps that meet both of the following conditions:
13            (A) the infectious potential has been eliminated
14        from the sharps by treatment; and
15            (B) the sharps are rendered unrecognizable by
16        treatment; or
17        (4) sharps that are managed in accordance with the
18    following requirements:
19            (A) the infectious potential is eliminated from
20        the sharps by treatment at a facility that is permitted
21        by the Agency for the treatment of potentially
22        infectious medical waste;
23            (B) the sharps are certified by the treatment
24        facility as non-special waste in accordance with
25        Section 22.48 of this Act;
26            (C) the sharps are packaged at the treatment

 

 

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1        facility the same as required under Board rules for
2        potentially infectious medical waste;
3            (D) the sharps are transported under the custody of
4        the treatment facility to a landfill permitted by the
5        Agency under Section 21 of this Act to accept municipal
6        waste for disposal; and
7            (E) the activities in subparagraphs (A) through
8        (D) of this paragraph (4) are authorized in, and
9        conducted in accordance with, a permit issued by the
10        Agency to the treatment facility.
11    "Potentially infectious medical waste" does not include
12tissue or products from an abortion, as defined in Section 1-10
13of the Reproductive Health Act.
14(Source: P.A. 98-366, eff. 1-1-14.)
 
15    (415 ILCS 5/56.1)  (from Ch. 111 1/2, par. 1056.1)
16    Sec. 56.1. Acts prohibited.
17    (A) No person shall:
18        (a) Cause or allow the disposal of any potentially
19    infectious medical waste. Sharps may be disposed in any
20    landfill permitted by the Agency under Section 21 of this
21    Act to accept municipal waste for disposal, if both:
22            (1) the infectious potential has been eliminated
23        from the sharps by treatment; and
24            (2) the sharps are packaged in accordance with
25        Board regulations.

 

 

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1        (b) Cause or allow the delivery of any potentially
2    infectious medical waste for transport, storage,
3    treatment, or transfer except in accordance with Board
4    regulations.
5        (c) Beginning July 1, 1992, cause or allow the delivery
6    of any potentially infectious medical waste to a person or
7    facility for storage, treatment, or transfer that does not
8    have a permit issued by the agency to receive potentially
9    infectious medical waste, unless no permit is required
10    under subsection (g)(1).
11        (d) Beginning July 1, 1992, cause or allow the delivery
12    or transfer of any potentially infectious medical waste for
13    transport unless:
14            (1) the transporter has a permit issued by the
15        Agency to transport potentially infectious medical
16        waste, or the transporter is exempt from the permit
17        requirement set forth in subsection (f)(l).
18            (2) a potentially infectious medical waste
19        manifest is completed for the waste if a manifest is
20        required under subsection (h).
21        (e) Cause or allow the acceptance of any potentially
22    infectious medical waste for purposes of transport,
23    storage, treatment, or transfer except in accordance with
24    Board regulations.
25        (f) Beginning July 1, 1992, conduct any potentially
26    infectious medical waste transportation operation:

 

 

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1            (1) Without a permit issued by the Agency to
2        transport potentially infectious medical waste. No
3        permit is required under this provision (f)(1) for:
4                (A) a person transporting potentially
5            infectious medical waste generated solely by that
6            person's activities;
7                (B) noncommercial transportation of less than
8            50 pounds of potentially infectious medical waste
9            at any one time; or
10                (C) the U.S. Postal Service.
11            (2) In violation of any condition of any permit
12        issued by the Agency under this Act.
13            (3) In violation of any regulation adopted by the
14        Board.
15            (4) In violation of any order adopted by the Board
16        under this Act.
17        (g) Beginning July 1, 1992, conduct any potentially
18    infectious medical waste treatment, storage, or transfer
19    operation:
20            (1) without a permit issued by the Agency that
21        specifically authorizes the treatment, storage, or
22        transfer of potentially infectious medical waste. No
23        permit is required under this subsection (g) or
24        subsection (d)(1) of Section 21 for any:
25                (A) Person conducting a potentially infectious
26            medical waste treatment, storage, or transfer

 

 

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1            operation for potentially infectious medical waste
2            generated by the person's own activities that are
3            treated, stored, or transferred within the site
4            where the potentially infectious medical waste is
5            generated.
6                (B) Hospital that treats, stores, or transfers
7            only potentially infectious medical waste
8            generated by its own activities or by members of
9            its medical staff.
10                (C) Sharps collection station that is operated
11            in accordance with Section 56.7.
12            (2) in violation of any condition of any permit
13        issued by the Agency under this Act.
14            (3) in violation of any regulation adopted by the
15        Board.
16            (4) In violation of any order adopted by the Board
17        under this Act.
18        (h) Transport potentially infectious medical waste
19    unless the transporter carries a completed potentially
20    infectious medical waste manifest. No manifest is required
21    for the transportation of:
22            (1) potentially infectious medical waste being
23        transported by generators who generated the waste by
24        their own activities, when the potentially infectious
25        medical waste is transported within or between sites or
26        facilities owned, controlled, or operated by that

 

 

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1        person;
2            (2) less than 50 pounds of potentially infectious
3        medical waste at any one time for a noncommercial
4        transportation activity; or
5            (3) potentially infectious medical waste by the
6        U.S. Postal Service.
7        (i) Offer for transportation, transport, deliver,
8    receive or accept potentially infectious medical waste for
9    which a manifest is required, unless the manifest indicates
10    that the fee required under Section 56.4 of this Act has
11    been paid.
12        (j) Beginning January 1, 1994, conduct a potentially
13    infectious medical waste treatment operation at an
14    incinerator in existence on the effective date of this
15    Title in violation of emission standards established for
16    these incinerators under Section 129 of the Clean Air Act
17    (42 USC 7429), as amended.
18        (k) Beginning July 1, 2015, knowingly mix household
19    sharps, including, but not limited to, hypodermic,
20    intravenous, or other medical needles or syringes or other
21    medical household waste containing used or unused sharps,
22    including, but not limited to, hypodermic, intravenous, or
23    other medical needles or syringes or other sharps, with any
24    other material intended for collection as a recyclable
25    material by a residential hauler.
26        (l) Beginning on July 1, 2015, knowingly place

 

 

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1    household sharps into a container intended for collection
2    by a residential hauler for processing at a recycling
3    center.
4    (B) In making its orders and determinations relative to
5penalties, if any, to be imposed for violating subdivision
6(A)(a) of this Section, the Board, in addition to the factors
7in Sections 33(c) and 42(h) of this Act, or the Court shall
8take into consideration whether the owner or operator of the
9landfill reasonably relied on written statements from the
10person generating or treating the waste that the waste is not
11potentially infectious medical waste.
12    (C) Tissue Notwithstanding subsection (A) or any other
13provision of law, including the Vital Records Act, tissue and
14products from an abortion, as defined in Section 1-10 of the
15Reproductive Health Act, or a miscarriage shall may be buried,
16entombed, or cremated.
17(Source: P.A. 101-13, eff. 6-12-19.)