State of Illinois
91st General Assembly
Legislation

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91_HB0298eng

HB0298 Engrossed                               LRB9101626LDks

 1        AN  ACT  to amend the Hypodermic Syringes and Needles Act
 2    by changing Sections 1 and 2 and adding Section 2.5.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Hypodermic Syringes and Needles Act is
 6    amended by changing Sections 1 and 2 and adding  Section  2.5
 7    as follows:

 8        (720 ILCS 635/1) (from Ch. 38, par. 22-50)
 9        Sec.  1. Possession of hypodermic syringes and hypodermic
10    needles.
11        (a)  Except as provided in subsection (b), no person, not
12    being  a  physician,  dentist,  chiropodist  or  veterinarian
13    licensed under the laws of this State or of the  state  where
14    he   resides,  or  a  registered  professional  nurse,  or  a
15    registered embalmer,  manufacturer  or  dealer  in  embalming
16    supplies,   wholesale   druggist,  manufacturing  pharmacist,
17    registered pharmacist, manufacturer of surgical  instruments,
18    industrial user, official of any government having possession
19    of  the  articles  hereinafter  mentioned  by  reason  of his
20    official duties, nurse or  a  medical  laboratory  technician
21    acting  under  the  direction  of  a  physician  or  dentist,
22    employee   of  an  incorporated  hospital  acting  under  the
23    direction of  its  superintendent  or  officer  in  immediate
24    charge,   or   a   carrier   or   messenger  engaged  in  the
25    transportation of such articles, or the holder  of  a  permit
26    issued  under  Section  5 of this Act, or a farmer engaged in
27    the use of such instruments on livestock, or a person engaged
28    in chemical, clinical,  pharmaceutical  or  other  scientific
29    research,  shall have in his possession a hypodermic syringe,
30    hypodermic needle, or any instrument adapted for the  use  of
31    controlled substances or cannabis by subcutaneous injection.
 
HB0298 Engrossed            -2-                LRB9101626LDks
 1        (b)  A  person  who  is  at  least  18  years  of age may
 2    purchase from a pharmacy and have in his or her possession up
 3    to 10 sterile hypodermic syringes, regardless of  whether  he
 4    or she has a prescription for the syringes.
 5    (Source: P.A. 77-771.)

 6        (720 ILCS 635/2) (from Ch. 38, par. 22-51)
 7        Sec.  2.  Sale  of  hypodermic  syringes  and  hypodermic
 8    needles.
 9        (a)  Except  as  provided  in  subsection  (b),  no  such
10    syringe,  needle or instrument shall be delivered or sold to,
11    or exchanged with, any person except a registered pharmacist,
12    physician,  dentist,   veterinarian,   registered   embalmer,
13    manufacturer  or  dealer  in  embalming  supplies,  wholesale
14    druggist,  manufacturing pharmacist, industrial user, a nurse
15    upon the written order of a physician or dentist, the  holder
16    of  a permit issued under Section 5 of this Act, a registered
17    chiropodist, or an employee of an incorporated hospital  upon
18    the  written  order  of  its  superintendent  or  officer  in
19    immediate  charge;  provided  that the provisions of this Act
20    shall not prohibit the sale, possession or use of  hypodermic
21    syringes  or hypodermic needles for treatment of livestock or
22    poultry by the owner or keeper thereof or a person engaged in
23    chemical,  clinical,  pharmaceutical  or   other   scientific
24    research.
25        (b)  A  pharmacist  may  sell up to 10 sterile hypodermic
26    syringes to a person  who  is  at  least  18  years  of  age,
27    regardless  of  whether the person has a prescription for the
28    syringes.  Any syringe sold pursuant to this  subsection  (b)
29    must  be  stored  at  a  pharmacy and in a manner that limits
30    access  to  the  syringes  to  pharmacists  employed  at  the
31    pharmacy and any persons designated by any  such  pharmacist.
32    Any  syringe  sold  at a pharmacy pursuant to this subsection
33    (b) may be sold only from  the  pharmacy  department  of  the
 
HB0298 Engrossed            -3-                LRB9101626LDks
 1    pharmacy.
 2    (Source: Laws 1955, p. 1408.)

 3        (720 ILCS 635/2.5 new)
 4        Sec. 2.5. Educational materials; guidelines for disposal.
 5        (a)  The  Illinois  Department  of  Public  Health  shall
 6    develop   educational   materials  and  make  copies  of  the
 7    educational materials available to pharmacists.   Pharmacists
 8    shall  make  these educational materials available to persons
 9    who purchase syringes as authorized  pursuant  to  subsection
10    (b)  of  Section  1.  The educational materials shall include
11    information  regarding  safer  injection,   HIV   prevention,
12    syringe disposal, and drug treatment.
13        (b)  The  Illinois  Department  of  Public  Health  shall
14    create guidelines to advise local communities on implementing
15    syringe  disposal  policies  that meet regional needs and are
16    consistent with or more stringent than current rules  adopted
17    by the Environmental Protection Agency.

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