Full Text of HB1338 100th General Assembly
HB1338ham001 100TH GENERAL ASSEMBLY | Rep. Jonathan Carroll Filed: 4/17/2018
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| 1 | | AMENDMENT TO HOUSE BILL 1338
| 2 | | AMENDMENT NO. ______. Amend House Bill 1338 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Safe Pharmaceutical Disposal Act is amended | 5 | | by changing Sections 5 and 10 as follows: | 6 | | (210 ILCS 150/5) | 7 | | Sec. 5. Definitions. In this Act: | 8 | | "Health care institution" means any public or private | 9 | | institution or agency licensed or certified by State law to | 10 | | provide health care. The term includes hospitals, nursing | 11 | | homes, residential health care facilities, home health care | 12 | | agencies, hospice programs operating in this State, | 13 | | institutions, facilities, or agencies that provide services to | 14 | | persons with mental health illnesses, and institutions, | 15 | | facilities, or agencies that provide services for persons with | 16 | | developmental disabilities. |
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| 1 | | "Law enforcement agency" means any federal, State, or local | 2 | | law enforcement agency, including a State's Attorney and the | 3 | | Attorney General. | 4 | | "Nurse" means an advanced practice nurse, registered | 5 | | nurse, or licensed practical nurse licensed under the Nurse | 6 | | Practice Act. | 7 | | "Public wastewater collection system" means any wastewater | 8 | | collection system regulated by the Environmental Protection | 9 | | Agency. | 10 | | "Unused medication" means any unopened, expired, or excess | 11 | | (including medication unused as a result of the death of the | 12 | | patient) medication that has been dispensed for patient or | 13 | | resident care and that is in a liquid or solid form. The term | 14 | | includes , but is not limited to, suspensions, pills, tablets, | 15 | | capsules, and caplets. For long-term care facilities licensed | 16 | | under the Nursing Home Care Act, "unused medication" does not | 17 | | include any Schedule II controlled substance under federal law | 18 | | in any form, until such time as the federal Drug Enforcement | 19 | | Administration adopts regulations that permit these facilities | 20 | | to dispose of controlled substances in a manner consistent with | 21 | | this Act.
| 22 | | (Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17.) | 23 | | (210 ILCS 150/10)
| 24 | | Sec. 10. Disposal of unused medications prohibited. | 25 | | (a) Except for medications contained in intraperitoneal |
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| 1 | | solutions, intravenous fluids, syringes, or transdermal | 2 | | patches, no health care institution, nor any employee, staff | 3 | | person, contractor, or other person acting under the direction | 4 | | or supervision of a health care institution, may discharge, | 5 | | dispose of, flush, pour, or empty any unused medication into a | 6 | | public wastewater collection system or septic system. | 7 | | (b) A violation of this Section is a petty offense subject | 8 | | to a fine of $500. Fines collected under this Act from | 9 | | facilities licensed under the Nursing Home Care Act shall be | 10 | | deposited into the Long Term Care Monitor/Receiver Fund. Fines | 11 | | collected from all other health care institutions under this | 12 | | Act shall be deposited into the Environmental Protection Trust | 13 | | Fund.
| 14 | | (Source: P.A. 96-221, eff. 1-1-10.)".
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