HB2118 EngrossedLRB103 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) The principal place of business of any government
23    official who is collecting for transport, storage,

 

 

HB2118 Engrossed- 2 -LRB103 26835 RLC 53199 b

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

 

 

HB2118 Engrossed- 3 -LRB103 26835 RLC 53199 b

1the holder of a permit issued under Section 5 of this Act, or a
2farmer engaged in the use of the instruments on livestock, or a
3person engaged in chemical, clinical, pharmaceutical or other
4scientific research, or a staff person, volunteer, or
5participant in a needle or hypodermic syringe access program,
6shall have in his or her possession a hypodermic syringe,
7hypodermic needle, or any instrument adapted for the use of
8controlled substances or cannabis by subcutaneous injection.
9    (b) A person who is at least 18 years of age may purchase
10from any supplier a pharmacy and have in his or her possession
11any amount of up to 100 hypodermic syringes or needles.
12(Source: P.A. 100-326, eff. 1-1-18; 101-356, eff. 8-9-19.)
 
13    (720 ILCS 635/2)  (from Ch. 38, par. 22-51)
14    Sec. 2. Sale of hypodermic syringes and needles.
15    (a) (Blank). Except as provided in subsection (b), no
16syringe, needle or instrument shall be delivered or sold to,
17or exchanged with, any person except a registered pharmacist,
18physician, dentist, veterinarian, registered embalmer,
19manufacturer or dealer in embalming supplies, wholesale
20druggist, manufacturing pharmacist, industrial user, a nurse
21upon the written order of a physician or dentist, the holder of
22a permit issued under Section 5 of this Act, a registered
23chiropodist, or an employee of an incorporated hospital upon
24the written order of its superintendent or officer in
25immediate charge; provided that the provisions of this Act

 

 

HB2118 Engrossed- 4 -LRB103 26835 RLC 53199 b

1shall not prohibit the sale, possession or use of hypodermic
2syringes or hypodermic needles for treatment of livestock or
3poultry by the owner or keeper thereof or a person engaged in
4chemical, clinical, pharmaceutical or other scientific
5research, or a staff person, volunteer, or participant in a
6needle or hypodermic syringe access program.
7    (b) Any supplier A pharmacist may sell any amount of up to
8100 sterile hypodermic syringes or needles to any a person who
9is at least 18 years of age. A syringe or needle sold under
10this subsection (b) must be stored at a pharmacy and in a
11manner that limits access to the syringes or needles to
12pharmacists employed at the pharmacy and any persons
13designated by the pharmacists. A syringe or needle sold at a
14pharmacy under this subsection (b) may be sold only from the
15pharmacy department of the 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.