Full Text of HB5781 99th General Assembly
HB5781ham002 99TH GENERAL ASSEMBLY | Rep. Patricia R. Bellock Filed: 4/14/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5781
| 2 | | AMENDMENT NO. ______. Amend House Bill 5781, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The State Police Act is amended by adding | 6 | | Section 40 as follows: | 7 | | (20 ILCS 2610/40 new) | 8 | | Sec. 40. Disposal of medications. The Department may by | 9 | | rule authorize State Police officers to dispose of any unused | 10 | | medications under Section 18 of the Safe Pharmaceutical | 11 | | Disposal Act. | 12 | | Section 10. The Illinois Police Training Act is amended by | 13 | | adding Section 10.19 as follows: | 14 | | (50 ILCS 705/10.19 new) |
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| 1 | | Sec. 10.19. Disposal of medications. The Board shall | 2 | | develop rules and minimum standards for local governmental | 3 | | agencies that authorize police officers to dispose of unused | 4 | | medications under Section 18 of the Safe Pharmaceutical | 5 | | Disposal Act. | 6 | | Section 15. The Counties Code is amended by adding Section | 7 | | 3-3045 as follows: | 8 | | (55 ILCS 5/3-3045 new) | 9 | | Sec. 3-3045. Disposal of medications. A coroner or medical | 10 | | examiner may dispose of any unused medications found at the | 11 | | scene of a death the coroner or medical examiner is | 12 | | investigating under Section 18 of the Safe Pharmaceutical | 13 | | Disposal Act. | 14 | | Section 20. The Safe Pharmaceutical Disposal Act is amended | 15 | | by changing Section 5 and adding Section 18 as follows: | 16 | | (210 ILCS 150/5)
| 17 | | Sec. 5. Definitions. In this Act: | 18 | | "Health care institution" means any public or private | 19 | | institution or agency licensed or certified by State law to | 20 | | provide health care. The term includes hospitals, nursing | 21 | | homes, residential health care facilities, home health care | 22 | | agencies, hospice programs operating in this State, |
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| 1 | | institutions, facilities, or agencies that provide services to | 2 | | persons with mental health illnesses, and institutions, | 3 | | facilities, or agencies that provide services for persons with | 4 | | developmental disabilities. | 5 | | "Law enforcement agency" means any federal, State, or local | 6 | | law enforcement agency, including a State's Attorney and the | 7 | | Attorney General. | 8 | | "Public wastewater collection system" means any wastewater | 9 | | collection system regulated by the Environmental Protection | 10 | | Agency. | 11 | | "Unused medication" means any unopened, expired, or excess | 12 | | (including medication unused as a result of the death of the | 13 | | patient) medication that has been dispensed for patient or | 14 | | resident care and that is in a solid form. The term includes | 15 | | pills, tablets, capsules, and caplets. For long-term care | 16 | | facilities licensed under the Nursing Home Care Act, "unused | 17 | | medication" does not include any Schedule II controlled | 18 | | substance under federal law in any form, until such time as the | 19 | | federal Drug Enforcement Administration adopts regulations | 20 | | that permit these facilities to dispose of controlled | 21 | | substances in a manner consistent with this Act.
| 22 | | (Source: P.A. 96-221, eff. 1-1-10.) | 23 | | (210 ILCS 150/18 new) | 24 | | Sec. 18. Unused medications at the scene of a death. | 25 | | (a) Notwithstanding any provision of law to the contrary, |
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| 1 | | the Department of State Police may by rule authorize State | 2 | | Police officers to dispose of any unused medications found at | 3 | | the scene of a death the State Police officer is investigating. | 4 | | A State Police officer may only dispose of any unused | 5 | | medications under this subsection after consulting with any | 6 | | other investigating law enforcement agency to ensure that the | 7 | | unused medications will not be needed as evidence in any | 8 | | investigation. This Section shall not apply to any unused | 9 | | medications a State Police officer takes into custody as part | 10 | | of any investigation into a crime. | 11 | | (b) Notwithstanding any provision of law to the contrary, a | 12 | | local governmental agency may authorize police officers to | 13 | | dispose of any unused medications found at the scene of a death | 14 | | a police officer is investigating. A police officer may only | 15 | | dispose of any unused medications under this subsection after | 16 | | consulting with any other investigating law enforcement agency | 17 | | to ensure that the unused medications will not be needed as | 18 | | evidence in any investigation. This Section shall not apply to | 19 | | any unused medications a police officer takes into custody as | 20 | | part of any investigation into a crime. | 21 | | (c) Notwithstanding any provision of law to the contrary, a | 22 | | coroner or medical examiner may dispose of any unused | 23 | | medications found at the scene of a death the coroner or | 24 | | medical examiner is investigating. A coroner or medical | 25 | | examiner may only dispose of any unused medications under this | 26 | | subsection after consulting with any investigating law |
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| 1 | | enforcement agency to ensure that the unused medications will | 2 | | not be needed as evidence in any investigation. | 3 | | (d) Any disposal under this Section shall be in accordance | 4 | | with Section 17 of this Act or another State or federally | 5 | | approved medication take-back program or location. | 6 | | (e) This Section shall not apply to prescription drugs for | 7 | | which the United States Food and Drug Administration created a | 8 | | Risk Evaluation and Mitigation Strategy for under the Food and | 9 | | Drug Administration Amendments Act of 2007. | 10 | | (f) Nothing in this Section shall be construed to require a | 11 | | search of the scene for unused medications. ".
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