Rep. Patricia R. Bellock

Filed: 4/7/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5781

2    AMENDMENT NO. ______. Amend House Bill 5781 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Police Act is amended by adding
5Section 40 as follows:
 
6    (20 ILCS 2610/40 new)
7    Sec. 40. Disposal of medications. The Department may by
8rule authorize State Police officers to dispose of any unused
9medications under Section 18 of the Safe Pharmaceutical
10Disposal Act.
 
11    Section 10. The Illinois Police Training Act is amended by
12adding Section 10.19 as follows:
 
13    (50 ILCS 705/10.19 new)
14    Sec. 10.19. Disposal of medications. The Board shall

 

 

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1develop rules and minimum standards for local governmental
2agencies that authorize police officers to dispose of unused
3medications under Section 18 of the Safe Pharmaceutical
4Disposal Act.
 
5    Section 15. The Counties Code is amended by adding Section
63-3045 as follows:
 
7    (55 ILCS 5/3-3045 new)
8    Sec. 3-3045. Disposal of medications. A coroner or medical
9examiner may dispose of any unused medications found at the
10scene of a death the coroner or medical examiner is
11investigating under Section 18 of the Safe Pharmaceutical
12Disposal Act.
 
13    Section 20. The Safe Pharmaceutical Disposal Act is amended
14by changing Section 5 and adding Section 18 as follows:
 
15    (210 ILCS 150/5)
16    Sec. 5. Definitions. In this Act:
17    "Health care institution" means any public or private
18institution or agency licensed or certified by State law to
19provide health care. The term includes hospitals, nursing
20homes, residential health care facilities, home health care
21agencies, hospice programs operating in this State,
22institutions, facilities, or agencies that provide services to

 

 

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1persons with mental health illnesses, and institutions,
2facilities, or agencies that provide services for persons with
3developmental disabilities.
4    "Law enforcement agency" means any federal, State, or local
5law enforcement agency, including a State's Attorney and the
6Attorney General.
7    "Nurse" means an advanced practice nurse, registered
8nurse, or licensed practical nurse licensed under the Nurse
9Practice Act.
10    "Physician" means a person licensed to practice medicine in
11all its branches under the Medical Practice Act of 1987.
12    "Public wastewater collection system" means any wastewater
13collection system regulated by the Environmental Protection
14Agency.
15    "Unused medication" means any unopened, expired, or excess
16(including medication unused as a result of the death of the
17patient) medication that has been dispensed for patient or
18resident care and that is in a solid form. The term includes
19pills, tablets, capsules, and caplets. For long-term care
20facilities licensed under the Nursing Home Care Act, "unused
21medication" does not include any Schedule II controlled
22substance under federal law in any form, until such time as the
23federal Drug Enforcement Administration adopts regulations
24that permit these facilities to dispose of controlled
25substances in a manner consistent with this Act.
26(Source: P.A. 96-221, eff. 1-1-10.)
 

 

 

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1    (210 ILCS 150/18 new)
2    Sec. 18. Unused medications at the scene of a death.
3    (a) Notwithstanding any provision of law to the contrary,
4the Department of State Police may by rule authorize State
5Police officers to dispose of any unused medications found at
6the scene of a death the State Police officer is investigating.
7A State Police officer may only dispose of any unused
8medications under this subsection after consulting with any
9other investigating law enforcement agency to ensure that the
10unused medications will not be needed as evidence in any
11investigation. This Section shall not apply to any unused
12medications a State Police officer takes into custody as part
13of any investigation into a crime.
14    (b) Notwithstanding any provision of law to the contrary, a
15local governmental agency may authorize police officers to
16dispose of any unused medications found at the scene of a death
17a police officer is investigating. A police officer may only
18dispose of any unused medications under this subsection after
19consulting with any other investigating law enforcement agency
20to ensure that the unused medications will not be needed as
21evidence in any investigation. This Section shall not apply to
22any unused medications a police officer takes into custody as
23part of any investigation into a crime.
24    (c) Notwithstanding any provision of law to the contrary, a
25coroner or medical examiner may dispose of any unused

 

 

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1medications found at the scene of a death the coroner or
2medical examiner is investigating. A coroner or medical
3examiner may only dispose of any unused medications under this
4subsection after consulting with any investigating law
5enforcement agency to ensure that the unused medications will
6not be needed as evidence in any investigation.
7    (d) If a police officer, State Police officer, coroner, or
8medical examiner is not present at the scene of a death, a
9nurse or physician may dispose of any unused medications found
10at the scene of a death the nurse or physician is present at
11while engaging in the performance of his or her duties.
12    (e) Any disposal under this Section shall be in accordance
13with Section 17 of this Act or another State or federally
14approved medication take-back program or location.
15    (f) This Section shall not apply to prescription drugs for
16which the United States Food and Drug Administration created a
17Risk Evaluation and Mitigation Strategy for under the Food and
18Drug Administration Amendments Act of 2007.
19    (g) Nothing in this Section shall be construed to require a
20search of the scene for unused medications.
21    (h) When anyone authorized to dispose of unused medication
22under this Section disposes of, or chooses not to dispose of,
23unused medication under this Section in good faith, the
24individual, and his or her employer, employees, and agents,
25shall incur no civil or criminal liability or professional
26discipline, except for willful and wanton conduct, as a result

 

 

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1of any injury arising from the disposal or non-disposal of
2unused medications.
 
3    Section 25. The Medical Practice Act of 1987 is amended by
4adding Section 50-41 as follows:
 
5    (225 ILCS 60/50-41 new)
6    Sec. 50-41. Disposal of medications; civil liability. A
7physician may dispose of any unused medications found at the
8scene of a death the physician is present at while engaged in
9the performance of her or her duties as a physician, and civil
10liability is limited, under Section 18 of the Safe
11Pharmaceutical Disposal Act.
 
12    Section 30. The Nurse Practice Act is amended by adding
13Section 50-80 as follows:
 
14    (225 ILCS 65/50-80 new)
15    Sec. 50-80. Disposal of medications; civil liability. An
16advanced practice nurse, licensed practical nurse, or
17registered nurse may dispose of any unused medications found at
18the scene of a death the nurse is present at while engaged in
19the performance of her or her duties as a nurse, and civil
20liability is limited, under Section 18 of the Safe
21Pharmaceutical Disposal Act.".