Full Text of HB0523 94th General Assembly
HB0523enr 94TH GENERAL ASSEMBLY
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HB0523 Enrolled |
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LRB094 03776 RSP 33785 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Department of Public Health Powers and | 5 |
| Duties Law of the
Civil Administrative Code of Illinois is | 6 |
| amended by adding Section 2310-252 as follows: | 7 |
| (20 ILCS 2310/2310-252 new) | 8 |
| Sec. 2310-252. Guidelines for needle disposal; education.
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| (a) The Illinois Department of Public Health, in | 10 |
| cooperation with the Illinois Environmental Protection Agency, | 11 |
| must create guidelines for the proper disposal of hypodermic | 12 |
| syringes, needles, and other sharps used for | 13 |
| self-administration purposes that are consistent with the | 14 |
| available guidelines regarding disposal for home health care | 15 |
| products provided by the United States Environmental | 16 |
| Protection Agency. In establishing these guidelines, the | 17 |
| Department shall promote flexible and convenient disposal | 18 |
| methods appropriate to the area and level of services available | 19 |
| to the person disposing of the hypodermic syringe, needle, or | 20 |
| other sharps. The Department guidelines shall encourage the use | 21 |
| of safe disposal programs that include, but are not limited to, | 22 |
| the following: | 23 |
| (1) drop box or supervised collection sites; | 24 |
| (2) sharps mail-back programs; | 25 |
| (3) syringe exchange programs; and | 26 |
| (4) at-home needle destruction devices. | 27 |
| (b) The Illinois Department of Public Health must develop | 28 |
| educational materials regarding the safe disposal of | 29 |
| hypodermic syringes, needles, and other sharps and distribute | 30 |
| copies of these educational materials to pharmacies and the | 31 |
| public. The educational materials must include information | 32 |
| regarding safer injection, HIV prevention, proper methods for |
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LRB094 03776 RSP 33785 b |
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| the disposal of hypodermic syringes, needles, and other sharps, | 2 |
| and contact information for obtaining treatment for drug abuse | 3 |
| and addiction. | 4 |
| Section 10. The Environmental Protection Act is amended by | 5 |
| changing Section
56.1 and by adding Sections 3.458 and 56.7 as | 6 |
| follows:
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| (415 ILCS 5/3.458 new)
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| Sec. 3.458. Sharps collection station.
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| (a) "Sharps collection station" means a designated area at | 10 |
| an applicable
facility where (i) hypodermic, intravenous, or | 11 |
| other medical needles or syringes or other sharps, or (ii) | 12 |
| medical household waste containing
medical sharps, including, | 13 |
| but not limited to, hypodermic, intravenous, or
other medical | 14 |
| needles or syringes or other sharps, are collected
for | 15 |
| transport, storage, treatment, transfer, or disposal.
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| (b) For purposes of this Section, "applicable facility" | 17 |
| means any of the
following:
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| (1) A hospital.
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| (2) An ambulatory surgical treatment center, | 20 |
| physician's office, clinic, or other setting where a | 21 |
| physician provides care.
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| (3) A pharmacy employing a registered pharmacist.
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| (4) The principal place of business of any government | 24 |
| official who is
authorized under Section 1 of the | 25 |
| Hypodermic Syringes and Needles Act (720 ILCS
635/) to | 26 |
| possess hypodermic, intravenous, or other medical needles, | 27 |
| or
hypodermic or intravenous syringes, by reason of his or | 28 |
| her official duties.
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| (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
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| Sec. 56.1. Acts prohibited.
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| (A) No person shall:
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| (a) Cause or allow the disposal of any potentially | 33 |
| infectious medical
waste. Sharps may be disposed in any |
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LRB094 03776 RSP 33785 b |
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| landfill permitted by the Agency under
Section 21 of this Act | 2 |
| to accept municipal waste for disposal, if both:
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| (1) the infectious potential has been eliminated from | 4 |
| the sharps by
treatment; and
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| (2) the sharps are packaged in accordance with Board | 6 |
| regulations.
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| (b) Cause or allow the delivery of any potentially | 8 |
| infectious medical
waste for transport, storage, treatment, or | 9 |
| transfer except in accordance
with Board regulations.
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| (c) Beginning July 1, 1992, cause or allow the delivery of | 11 |
| any
potentially infectious medical waste to a person or | 12 |
| facility for storage,
treatment, or transfer that does not have | 13 |
| a permit issued by the agency to
receive potentially infectious | 14 |
| medical waste, unless no permit is required
under subsection | 15 |
| (g)(1).
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| (d) Beginning July 1, 1992, cause or allow the delivery or | 17 |
| transfer of
any potentially infectious medical waste for | 18 |
| transport unless:
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| (1) the transporter has a permit issued by the Agency | 20 |
| to transport
potentially infectious medical waste, or the | 21 |
| transporter is exempt from the
permit requirement set forth | 22 |
| in subsection (f)(l).
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| (2) a potentially infectious medical waste manifest is | 24 |
| completed for
the waste if a manifest is required under | 25 |
| subsection (h).
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| (e) Cause or allow the acceptance of any potentially | 27 |
| infectious medical
waste for purposes of transport, storage, | 28 |
| treatment, or transfer except in
accordance with Board | 29 |
| regulations.
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| (f) Beginning July 1, 1992, conduct any potentially | 31 |
| infectious medical
waste transportation operation:
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| (1) Without a permit issued by the Agency to transport | 33 |
| potentially
infectious medical waste. No permit is | 34 |
| required under this provision (f)(1)
for:
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| (A) a person transporting potentially infectious | 36 |
| medical waste
generated solely by that person's |
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| activities;
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| (B) noncommercial transportation of less than 50 | 3 |
| pounds of potentially
infectious medical waste at any | 4 |
| one
time; or
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| (C) the U.S. Postal Service.
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| (2) In violation of any condition of any permit issued | 7 |
| by the Agency
under this Act.
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| (3) In violation of any regulation adopted by the | 9 |
| Board.
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| (4) In violation of any order adopted by the Board | 11 |
| under this Act.
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| (g) Beginning July 1, 1992, conduct any potentially | 13 |
| infectious medical
waste treatment, storage, or transfer | 14 |
| operation:
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| (1) without a permit issued by the Agency that | 16 |
| specifically
authorizes the treatment, storage, or transfer of | 17 |
| potentially infectious
medical waste. No permit is required | 18 |
| under this subsection (g) or subsection (d)(1) of Section 21 | 19 |
| for any:
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| (A) Person conducting a potentially infectious | 21 |
| medical waste
treatment, storage, or transfer | 22 |
| operation for potentially infectious
medical waste | 23 |
| generated by the person's own activities that are | 24 |
| treated,
stored, or transferred within the site where | 25 |
| the potentially infectious
medical waste is generated.
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| (B) Hospital that treats, stores, or transfers | 27 |
| only potentially
infectious medical waste generated by | 28 |
| its own activities or by members of its
medical staff.
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| (C) Sharps collection station that is operated in | 30 |
| accordance with
Section 56.7.
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| (2) in violation of any condition of any permit issued | 32 |
| by the Agency
under this Act.
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| (3) in violation of any regulation adopted by the | 34 |
| Board.
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| (4) In violation of any order adopted by the Board | 36 |
| under this Act.
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LRB094 03776 RSP 33785 b |
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| (h) Transport potentially infectious medical waste unless | 2 |
| the
transporter carries a completed potentially infectious | 3 |
| medical waste
manifest. No manifest is required for the | 4 |
| transportation of:
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| (1) potentially infectious medical waste being | 6 |
| transported by
generators who generated the waste by their | 7 |
| own activities, when the
potentially infectious medical | 8 |
| waste is transported within or between sites
or facilities | 9 |
| owned, controlled, or operated by that person;
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| (2) less than 50 pounds of potentially infectious | 11 |
| medical waste at
any one time for a noncommercial
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| transportation activity; or
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| (3) potentially infectious medical waste by the U.S. | 14 |
| Postal Service.
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| (i) Offer for transportation, transport, deliver, receive | 16 |
| or accept
potentially infectious medical waste for which a | 17 |
| manifest is required,
unless the manifest indicates that the | 18 |
| fee required under Section 56.4 of
this Act has been paid.
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| (j) Beginning January 1, 1994, conduct a potentially | 20 |
| infectious medical
waste treatment operation at an incinerator | 21 |
| in existence on the effective
date of this Title in violation | 22 |
| of emission standards established
for these incinerators under | 23 |
| Section 129 of the Clean Air Act (42 USC 7429),
as amended.
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| (B) In making its orders and determinations relative to
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| penalties, if any, to be imposed for violating subdivision | 26 |
| (A)(a) of
this Section, the Board, in addition to the
factors | 27 |
| in Sections 33(c) and 42(h) of this Act, or the Court shall | 28 |
| take into
consideration whether the owner or operator of the | 29 |
| landfill reasonably relied
on written statements from the | 30 |
| person generating or treating the waste that
the waste is not | 31 |
| potentially infectious medical waste.
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| (Source: P.A. 92-574, eff. 6-26-02.)
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| (415 ILCS 5/56.7 new)
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| Sec. 56.7. No permit shall be required under subsection | 35 |
| (d)(1) of Section 21 or subsection (g) of Section 56.1 of this
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HB0523 Enrolled |
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LRB094 03776 RSP 33785 b |
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| Act for a sharps collection station if the station is operated | 2 |
| in accordance
with all of the following:
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| (1) The only waste accepted at the sharps collection | 4 |
| station is (i)
hypodermic, intravenous, or other medical | 5 |
| needles or syringes or other sharps, or (ii) medical | 6 |
| household waste containing used or
unused sharps, | 7 |
| including but not limited to, hypodermic, intravenous, or | 8 |
| other
medical needles or syringes or other sharps.
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| (2) The waste is stored and transferred in the same | 10 |
| manner as required for
potentially infectious medical | 11 |
| waste under this Act and under Board
regulations.
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| (3) The waste is not treated at the sharps collection | 13 |
| station unless it is
treated in the same manner as required | 14 |
| for potentially infectious medical waste
under this Act and | 15 |
| under Board regulations.
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| (4) The waste is not disposed of at the sharps | 17 |
| collection station.
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| (5) The waste is transported in the same manner as | 19 |
| required for
potentially infectious medical waste under | 20 |
| this Act and under Board
regulations.
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law. |
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