103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2118

 

Introduced 2/7/2023, by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/3.458
720 ILCS 635/1  from Ch. 38, par. 22-50
720 ILCS 635/2  from Ch. 38, par. 22-51
720 ILCS 635/5 rep.

    Amends the Hypodermic Syringes and Needles Act. Provides that any supplier (rather than a pharmacist) may sell any amount of (rather than up to 100) sterile hypodermic syringes or needles to a person who is at least 18 years of age. Deletes a provision that a syringe or needle sold must be stored at a pharmacy and in a manner that limits access to the syringes or needles to pharmacists employed at the pharmacy and any persons designated by the pharmacists. Deletes provision that a syringe or needle sold at a pharmacy may be sold only from the pharmacy department of the pharmacy. Makes other conforming changes to the Act. Amends the Environmental Protection Act to make conforming changes.


LRB103 26835 RLC 53199 b

 

 

A BILL FOR

 

HB2118LRB103 26835 RLC 53199 b

1    AN ACT concerning criminal law.
 
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 Section 3.458 as follows:
 
6    (415 ILCS 5/3.458)
7    Sec. 3.458. Sharps collection station.
8    (a) "Sharps collection station" means a designated area at
9an applicable facility where (i) hypodermic, intravenous, or
10other medical needles or syringes or other sharps, or (ii)
11medical household waste containing medical sharps, including,
12but not limited to, hypodermic, intravenous, or other medical
13needles or syringes or other sharps, are collected for
14transport, storage, treatment, transfer, or disposal.
15    (b) For purposes of this Section, "applicable facility"
16means any of the following:
17        (1) A hospital.
18        (2) An ambulatory surgical treatment center,
19    physician's office, clinic, or other setting where a
20    physician provides care.
21        (3) A pharmacy employing a registered pharmacist.
22        (4) (Blank). The principal place of business of any
23    government official who is authorized under Section 1 of

 

 

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1    the Hypodermic Syringes and Needles Act (720 ILCS 635/) to
2    possess hypodermic, intravenous, or other medical needles,
3    or hypodermic or intravenous syringes, by reason of his or
4    her official duties.
5(Source: P.A. 94-641, eff. 8-22-05.)
 
6    Section 10. The Hypodermic Syringes and Needles Act is
7amended by changing Sections 1 and 2 as follows:
 
8    (720 ILCS 635/1)  (from Ch. 38, par. 22-50)
9    Sec. 1. Possession of hypodermic syringes and needles.
10    (a) (Blank). Except as provided in subsection (b), no
11person, not being a physician, dentist, chiropodist or
12veterinarian licensed under the laws of this State or of the
13state where he resides, or a registered professional nurse, or
14a registered embalmer, manufacturer or dealer in embalming
15supplies, wholesale druggist, manufacturing pharmacist,
16registered pharmacist, manufacturer of surgical instruments,
17industrial user, official of any government having possession
18of the articles hereinafter mentioned by reason of his or her
19official duties, nurse or a medical laboratory technician
20acting under the direction of a physician or dentist, employee
21of an incorporated hospital acting under the direction of its
22superintendent or officer in immediate charge, or a carrier or
23messenger engaged in the transportation of the articles, or
24the holder of a permit issued under Section 5 of this Act, or a

 

 

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1farmer engaged in the use of the instruments on livestock, or a
2person engaged in chemical, clinical, pharmaceutical or other
3scientific research, or a staff person, volunteer, or
4participant in a needle or hypodermic syringe access program,
5shall have in his or her possession a hypodermic syringe,
6hypodermic needle, or any instrument adapted for the use of
7controlled substances or cannabis by subcutaneous injection.
8    (b) A person who is at least 18 years of age may purchase
9from any supplier a pharmacy and have in his or her possession
10any amount of up to 100 hypodermic syringes or needles.
11(Source: P.A. 100-326, eff. 1-1-18; 101-356, eff. 8-9-19.)
 
12    (720 ILCS 635/2)  (from Ch. 38, par. 22-51)
13    Sec. 2. Sale of hypodermic syringes and needles.
14    (a) (Blank). Except as provided in subsection (b), no
15syringe, needle or instrument shall be delivered or sold to,
16or exchanged with, any person except a registered pharmacist,
17physician, dentist, veterinarian, registered embalmer,
18manufacturer or dealer in embalming supplies, wholesale
19druggist, manufacturing pharmacist, industrial user, a nurse
20upon the written order of a physician or dentist, the holder of
21a permit issued under Section 5 of this Act, a registered
22chiropodist, or an employee of an incorporated hospital upon
23the written order of its superintendent or officer in
24immediate charge; provided that the provisions of this Act
25shall not prohibit the sale, possession or use of hypodermic

 

 

HB2118- 4 -LRB103 26835 RLC 53199 b

1syringes or hypodermic needles for treatment of livestock or
2poultry by the owner or keeper thereof or a person engaged in
3chemical, clinical, pharmaceutical or other scientific
4research, or a staff person, volunteer, or participant in a
5needle or hypodermic syringe access program.
6        (b) Any supplier A pharmacist may sell any amount of
7    up to 100 sterile hypodermic syringes or needles to a
8    person who is at least 18 years of age. A syringe or needle
9    sold under this subsection (b) must be stored at a
10    pharmacy and in a manner that limits access to the
11    syringes or needles to pharmacists employed at the
12    pharmacy and any persons designated by the pharmacists. A
13    syringe or needle sold at a pharmacy under this subsection
14    (b) may be sold only from the pharmacy department of the
15    pharmacy.
16(Source: P.A. 100-326, eff. 1-1-18; 101-356, eff. 8-9-19.)
 
17    (720 ILCS 635/5 rep.)
18    Section 15. The Hypodermic Syringes and Needles Act is
19amended by repealing Section 5.