Rep. Lou Lang
Filed: 5/20/2015
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1 | AMENDMENT TO HOUSE BILL 1
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2 | AMENDMENT NO. ______. Amend House Bill 1, AS AMENDED, with | ||||||
3 | reference to page and line numbers of House Amendment No. 2 as | ||||||
4 | follows:
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5 | on page 20, line 4, by replacing " antagonist " with | ||||||
6 | " antagonists "; and | ||||||
7 | by deleting lines 19 through 23 of page 21, all of page 22, and | ||||||
8 | lines 1 through 6 of page 23; and | ||||||
9 | on page 54, by replacing lines 10 through 12 with the | ||||||
10 | following: | ||||||
11 | " voluntary. Subject to appropriation, the Department of Human | ||||||
12 | Services shall reimburse a school district that decides to | ||||||
13 | participate in the pilot program for any costs it incurs in "; | ||||||
14 | and |
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1 | on page 68, by inserting after line 17 the following: | ||||||
2 | "Section 5-72. The Safe Pharmaceutical Disposal Act is | ||||||
3 | amended by changing Section 17 as follows: | ||||||
4 | (210 ILCS 150/17) | ||||||
5 | Sec. 17. Pharmaceutical disposal. Notwithstanding any
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6 | provision of law, any city, village, or municipality may
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7 | authorize the use of its city hall or police department to
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8 | display a container suitable for use as a receptacle for used,
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9 | expired, or unwanted pharmaceuticals. These used, expired, or
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10 | unwanted pharmaceuticals may include unused medication and | ||||||
11 | prescription drugs , as well as controlled substances if | ||||||
12 | collected in accordance with federal law . This
receptacle shall | ||||||
13 | only permit the deposit of items, and the
contents shall be | ||||||
14 | locked and secured. The container shall be
accessible to the | ||||||
15 | public and shall have posted clearly legible
signage indicating | ||||||
16 | that expired or unwanted prescription drugs
may be disposed of | ||||||
17 | in the receptacle.
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18 | (Source: P.A. 97-546, eff. 1-1-12.)"; and | ||||||
19 | on page 79, by deleting lines 18 through 19; and | ||||||
20 | on page 80, by replacing lines 16 through 23 with the | ||||||
21 | following: | ||||||
22 | " plans written in Illinois and (2) State employee health |
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1 | plans. "; and | ||||||
2 | on page 126, by replacing line 18 with the following: | ||||||
3 | " covered under both fee for service and managed care medical | ||||||
4 | assistance programs for persons who "; and | ||||||
5 | on page 126, by replacing lines 20 through 22 with the | ||||||
6 | following: | ||||||
7 | " Article and shall not be subject to any (1) utilization | ||||||
8 | control, other than those established under the American | ||||||
9 | Society of Addiction Medicine patient placement criteria,
(2) | ||||||
10 | prior authorization mandate, or (3) lifetime restriction limit
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11 | mandate. "; and | ||||||
12 | on page 128, by inserting after line 4 the following: | ||||||
13 | "Section 5-88. The Environmental Protection Act is amended | ||||||
14 | by changing Section 22.55 as follows: | ||||||
15 | (415 ILCS 5/22.55) | ||||||
16 | Sec. 22.55. Household Waste Drop-off Points. | ||||||
17 | (a) Findings; Purpose and Intent. | ||||||
18 | (1) The General Assembly finds that protection of human | ||||||
19 | health and the environment can be enhanced if certain | ||||||
20 | commonly generated household wastes are managed separately | ||||||
21 | from the general household waste stream. |
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1 | (2) The purpose of this Section is to provide, to the | ||||||
2 | extent allowed under federal law, a method for managing | ||||||
3 | certain types of household waste separately from the | ||||||
4 | general household waste stream. | ||||||
5 | (b) Definitions. For the purposes of this Section: | ||||||
6 | "Controlled substance" means a controlled substance as | ||||||
7 | defined in the Illinois Controlled Substances Act. | ||||||
8 | "Household waste" means waste generated from a single | ||||||
9 | residence or multiple residences. | ||||||
10 | "Household waste drop-off point" means the portion of a | ||||||
11 | site or facility used solely for the receipt and temporary | ||||||
12 | storage of household waste. | ||||||
13 | "One-day household waste collection event" means a | ||||||
14 | household waste drop-off point approved by the Agency under | ||||||
15 | subsection (d) of this Section. | ||||||
16 | "Personal care product" means an item other than a | ||||||
17 | pharmaceutical product that is consumed or applied by an | ||||||
18 | individual for personal health, hygiene, or cosmetic | ||||||
19 | reasons. Personal care products include, but are not | ||||||
20 | limited to, items used in bathing, dressing, or grooming. | ||||||
21 | "Pharmaceutical product" means medicine or a product | ||||||
22 | containing medicine. A pharmaceutical product may be sold | ||||||
23 | by prescription or over the counter. "Pharmaceutical | ||||||
24 | product" does not include (i) medicine that contains a | ||||||
25 | radioactive component or a product that contains a | ||||||
26 | radioactive component or (ii) a controlled substance . |
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1 | (c) Except as otherwise provided in Agency rules, the | ||||||
2 | following requirements apply to each household waste drop-off | ||||||
3 | point other than a one-day household waste collection event: | ||||||
4 | (1) A household waste drop-off point must not accept | ||||||
5 | waste other than the following types of household waste: | ||||||
6 | pharmaceutical products, personal care products, batteries | ||||||
7 | other than lead-acid batteries, paints, automotive fluids, | ||||||
8 | compact fluorescent lightbulbs, mercury thermometers, and | ||||||
9 | mercury thermostats. A household waste drop-off point may | ||||||
10 | accept controlled substances in accordance with federal | ||||||
11 | law. | ||||||
12 | (2) Except as provided in subdivision (c)(2) of this | ||||||
13 | Section, household waste drop-off points must be located at | ||||||
14 | a site or facility where the types of products accepted at | ||||||
15 | the household waste drop-off point are lawfully sold, | ||||||
16 | distributed, or dispensed. For example, household waste | ||||||
17 | drop-off points that accept prescription pharmaceutical | ||||||
18 | products must be located at a site or facility where | ||||||
19 | prescription pharmaceutical products are sold, | ||||||
20 | distributed, or dispensed. | ||||||
21 | (A) Subdivision (c)(2) of this Section does not | ||||||
22 | apply to household waste drop-off points operated by a | ||||||
23 | government or school entity, or by an association or | ||||||
24 | other organization of government or school entities. | ||||||
25 | (B) Household waste drop-off points that accept | ||||||
26 | mercury thermometers can be located at any site or |
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1 | facility where non-mercury thermometers are sold, | ||||||
2 | distributed, or dispensed. | ||||||
3 | (C) Household waste drop-off points that accept | ||||||
4 | mercury thermostats can be located at any site or | ||||||
5 | facility where non-mercury thermostats are sold, | ||||||
6 | distributed, or dispensed. | ||||||
7 | (3) The location of acceptance for each type of waste | ||||||
8 | accepted at the household waste drop-off point must be | ||||||
9 | clearly identified. Locations where pharmaceutical | ||||||
10 | products are accepted must also include a copy of the sign | ||||||
11 | required under subsection (j) of this Section. | ||||||
12 | (4) Household waste must be accepted only from private | ||||||
13 | individuals. Waste must not be accepted from other persons, | ||||||
14 | including, but not limited to, owners and operators of | ||||||
15 | rented or leased residences where the household waste was | ||||||
16 | generated, commercial haulers, and other commercial, | ||||||
17 | industrial, agricultural, and government operations or | ||||||
18 | entities. | ||||||
19 | (5) If more than one type of household waste is | ||||||
20 | accepted, each type of household waste must be managed | ||||||
21 | separately prior to its packaging for off-site transfer. | ||||||
22 | (6) Household waste must not be stored for longer than | ||||||
23 | 90 days after its receipt, except as otherwise approved by | ||||||
24 | the Agency in writing. | ||||||
25 | (7) Household waste must be managed in a manner that | ||||||
26 | protects against releases of the waste, prevents |
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1 | nuisances, and otherwise protects human health and the | ||||||
2 | environment. Household waste must also be properly secured | ||||||
3 | to prevent unauthorized public access to the waste, | ||||||
4 | including, but not limited to, preventing access to the | ||||||
5 | waste during the non-business hours of the site or facility | ||||||
6 | on which the household waste drop-off point is located. | ||||||
7 | Containers in which pharmaceutical products are collected | ||||||
8 | must be clearly marked "No Controlled Substances" , unless | ||||||
9 | the household waste drop-off point accepts controlled | ||||||
10 | substances in accordance with federal law . | ||||||
11 | (8) Management of the household waste must be limited | ||||||
12 | to the following: (i) acceptance of the waste, (ii) | ||||||
13 | temporary storage of the waste prior to transfer, and (iii) | ||||||
14 | off-site transfer of the waste and packaging for off-site | ||||||
15 | transfer. | ||||||
16 | (9) Off-site transfer of the household waste must | ||||||
17 | comply with federal and State laws and regulations. | ||||||
18 | (d) One-day household waste collection events. To further | ||||||
19 | aid in the collection of certain household wastes, the Agency | ||||||
20 | may approve the operation of one-day household waste collection | ||||||
21 | events. The Agency shall not approve a one-day household waste | ||||||
22 | collection event at the same site or facility for more than one | ||||||
23 | day each calendar quarter. Requests for approval must be | ||||||
24 | submitted on forms prescribed by the Agency. The Agency must | ||||||
25 | issue its approval in writing, and it may impose conditions as | ||||||
26 | necessary to protect human health and the environment and to |
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1 | otherwise accomplish the purposes of this Act. One-day | ||||||
2 | household waste collection events must be operated in | ||||||
3 | accordance with the Agency's approval, including all | ||||||
4 | conditions contained in the approval. The following | ||||||
5 | requirements apply to all one-day household waste collection | ||||||
6 | events, in addition to the conditions contained in the Agency's | ||||||
7 | approval: | ||||||
8 | (1) Waste accepted at the event must be limited to | ||||||
9 | household waste and must not include garbage, landscape | ||||||
10 | waste, controlled substances, or other waste excluded by | ||||||
11 | the Agency in the Agency's approval or any conditions | ||||||
12 | contained in the approval. A one-day household waste | ||||||
13 | collection event may accept controlled substances in | ||||||
14 | accordance with federal law. | ||||||
15 | (2) Household waste must be accepted only from private | ||||||
16 | individuals. Waste must not be accepted from other persons, | ||||||
17 | including, but not limited to, owners and operators of | ||||||
18 | rented or leased residences where the household waste was | ||||||
19 | generated, commercial haulers, and other commercial, | ||||||
20 | industrial, agricultural, and government operations or | ||||||
21 | entities. | ||||||
22 | (3) Household waste must be managed in a manner that | ||||||
23 | protects against releases of the waste, prevents | ||||||
24 | nuisances, and otherwise protects human health and the | ||||||
25 | environment. Household waste must also be properly secured | ||||||
26 | to prevent public access to the waste, including, but not |
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1 | limited to, preventing access to the waste during the | ||||||
2 | event's non-business hours. | ||||||
3 | (4) Management of the household waste must be limited | ||||||
4 | to the following: (i) acceptance of the waste, (ii) | ||||||
5 | temporary storage of the waste before transfer, and (iii) | ||||||
6 | off-site transfer of the waste or packaging for off-site | ||||||
7 | transfer. | ||||||
8 | (5) Except as otherwise approved by the Agency, all | ||||||
9 | household waste received at the collection event must be | ||||||
10 | transferred off-site by the end of the day following the | ||||||
11 | collection event. | ||||||
12 | (6) The transfer and ultimate disposition of household | ||||||
13 | waste received at the collection event must comply with the | ||||||
14 | Agency's approval, including all conditions contained in | ||||||
15 | the approval. | ||||||
16 | (e) The Agency may adopt rules governing the operation of | ||||||
17 | household waste drop-off points other than one-day household | ||||||
18 | waste collection events. Those rules must be designed to | ||||||
19 | protect against releases of waste to the environment, prevent | ||||||
20 | nuisances, and otherwise protect human health and the | ||||||
21 | environment. As necessary to address different circumstances, | ||||||
22 | the regulations may contain different requirements for | ||||||
23 | different types of household waste and different types of | ||||||
24 | household waste drop-off points, and the regulations may modify | ||||||
25 | the requirements set forth in subsection (c) of this Section. | ||||||
26 | The regulations may include, but are not limited to, the |
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1 | following: (i) identification of additional types of household | ||||||
2 | waste that can be collected at household waste drop-off points, | ||||||
3 | (ii) identification of the different types of household wastes | ||||||
4 | that can be received at different household waste drop-off | ||||||
5 | points, (iii) the maximum amounts of each type of household | ||||||
6 | waste that can be stored at household waste drop-off points at | ||||||
7 | any one time, and (iv) the maximum time periods each type of | ||||||
8 | household waste can be stored at household waste drop-off | ||||||
9 | points. | ||||||
10 | (f) Prohibitions. | ||||||
11 | (1) Except as authorized in a permit issued by the | ||||||
12 | Agency, no person shall cause or allow the operation of a | ||||||
13 | household waste drop-off point other than a one-day | ||||||
14 | household waste collection event in violation of this | ||||||
15 | Section or any regulations adopted under this Section. | ||||||
16 | (2) No person shall cause or allow the operation of a | ||||||
17 | one-day household waste collection event in violation of | ||||||
18 | this Section or the Agency's approval issued under | ||||||
19 | subsection (d) of this Section, including all conditions | ||||||
20 | contained in the approval. | ||||||
21 | (g) Permit exemptions. | ||||||
22 | (1) No permit is required under subdivision (d)(1) of | ||||||
23 | Section 21 of this Act for the operation of a household | ||||||
24 | waste drop-off point other than a one-day household waste | ||||||
25 | collection event if the household waste drop-off point is | ||||||
26 | operated in accordance with this Section and all |
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1 | regulations adopted under this Section. | ||||||
2 | (2) No permit is required under subdivision (d)(1) of | ||||||
3 | Section 21 of this Act for the operation of a one-day | ||||||
4 | household waste collection event if the event is operated | ||||||
5 | in accordance with this Section and the Agency's approval | ||||||
6 | issued under subsection (d) of this Section, including all | ||||||
7 | conditions contained in the approval, or for the operation | ||||||
8 | of a household waste collection event by the Agency. | ||||||
9 | (h) This Section does not apply to the following: | ||||||
10 | (1) Persons accepting household waste that they are | ||||||
11 | authorized to accept under a permit issued by the Agency. | ||||||
12 | (2) Sites or facilities operated pursuant to an | ||||||
13 | intergovernmental agreement entered into with the Agency | ||||||
14 | under Section 22.16b(d) of this Act. | ||||||
15 | (i) The Agency, in consultation with the Department of | ||||||
16 | Public Health, must develop and implement a public information | ||||||
17 | program regarding household waste drop-off points that accept | ||||||
18 | pharmaceutical products , as well as mail-back programs | ||||||
19 | authorized under federal law . | ||||||
20 | (j) The Agency must develop a sign that provides | ||||||
21 | information on the proper disposal of unused pharmaceutical | ||||||
22 | products. The sign shall include information on approved | ||||||
23 | drop-off sites or list a website where updated information on | ||||||
24 | drop-off sites can be accessed. The sign shall also include | ||||||
25 | information on mail-back programs and self-disposal. The | ||||||
26 | Agency shall make a copy of the sign available for downloading |
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1 | from its website. Every pharmacy shall display the sign in the | ||||||
2 | area where medications are dispensed and shall also display any | ||||||
3 | signs the Agency develops regarding local take-back programs or | ||||||
4 | household waste collection events. These signs shall be no | ||||||
5 | larger than 8.5 inches by 11 inches. | ||||||
6 | (k) If an entity chooses to participate as a household | ||||||
7 | waste drop-off point, then it must follow the provisions of | ||||||
8 | this Section and any rules the Agency may adopt governing | ||||||
9 | household waste drop-off points.
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10 | (l) The Agency shall establish, by rule, a statewide | ||||||
11 | medication take-back program by June 1, 2016 to ensure that | ||||||
12 | there are pharmaceutical product disposal options regularly | ||||||
13 | available for residents across the State. No private entity may | ||||||
14 | be compelled to serve as or fund a take-back location or | ||||||
15 | program. Medications collected and disposed of under the | ||||||
16 | program shall include controlled substances approved for | ||||||
17 | collection by federal law. All medications collected and | ||||||
18 | disposed of under the program must be managed in accordance | ||||||
19 | with all applicable federal and State laws and regulations. The | ||||||
20 | Agency shall issue a report to the General Assembly by June 1, | ||||||
21 | 2019 detailing the amount of pharmaceutical products annually | ||||||
22 | collected under the program, as well as any legislative | ||||||
23 | recommendations. | ||||||
24 | (Source: P.A. 96-121, eff. 8-4-09.)".
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