State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]

91_HB0298ham003











                                           LRB9101626LDpram02

 1                     AMENDMENT TO HOUSE BILL 298

 2        AMENDMENT NO.     .  Amend House Bill 298, AS AMENDED, by
 3    replacing the title with the following:

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

 6    by  replacing  everything  after the enacting clause with the
 7    following:

 8        "Section 5.  The Hypodermic Syringes and Needles  Act  is
 9    amended  by  changing Sections 1 and 2 and adding Section 2.5
10    as follows:

11        (720 ILCS 635/1) (from Ch. 38, par. 22-50)
12        Sec. 1. Possession of hypodermic syringes and  hypodermic
13    needles.
14        (a)  Except as provided in subsection (b), no person, not
15    being  a  physician,  dentist,  chiropodist  or  veterinarian
16    licensed  under  the laws of this State or of the state where
17    he  resides,  or  a  registered  professional  nurse,  or   a
18    registered  embalmer,  manufacturer  or  dealer  in embalming
19    supplies,  wholesale  druggist,   manufacturing   pharmacist,
20    registered  pharmacist, manufacturer of surgical instruments,
 
                            -2-            LRB9101626LDpram02
 1    industrial user, official of any government having possession
 2    of the  articles  hereinafter  mentioned  by  reason  of  his
 3    official  duties,  nurse  or  a medical laboratory technician
 4    acting  under  the  direction  of  a  physician  or  dentist,
 5    employee  of  an  incorporated  hospital  acting  under   the
 6    direction  of  its  superintendent  or  officer  in immediate
 7    charge,  or  a  carrier   or   messenger   engaged   in   the
 8    transportation  of  such  articles, or the holder of a permit
 9    issued under Section 5 of this Act, or a  farmer  engaged  in
10    the use of such instruments on livestock, or a person engaged
11    in  chemical,  clinical,  pharmaceutical  or other scientific
12    research, shall have in his possession a hypodermic  syringe,
13    hypodermic  needle,  or any instrument adapted for the use of
14    controlled substances or cannabis by subcutaneous injection.
15        (b)  A person who  is  at  least  18  years  of  age  may
16    purchase from a pharmacy and have in his or her possession up
17    to  10  sterile hypodermic syringes, regardless of whether he
18    or she has a prescription for the syringes.
19    (Source: P.A. 77-771.)

20        (720 ILCS 635/2) (from Ch. 38, par. 22-51)
21        Sec.  2.  Sale  of  hypodermic  syringes  and  hypodermic
22    needles.
23        (a)  Except  as  provided  in  subsection  (b),  no  such
24    syringe, needle or instrument shall be delivered or sold  to,
25    or exchanged with, any person except a registered pharmacist,
26    physician,   dentist,   veterinarian,   registered  embalmer,
27    manufacturer  or  dealer  in  embalming  supplies,  wholesale
28    druggist, manufacturing pharmacist, industrial user, a  nurse
29    upon  the written order of a physician or dentist, the holder
30    of a permit issued under Section 5 of this Act, a  registered
31    chiropodist,  or an employee of an incorporated hospital upon
32    the  written  order  of  its  superintendent  or  officer  in
33    immediate charge; provided that the provisions  of  this  Act
 
                            -3-            LRB9101626LDpram02
 1    shall  not prohibit the sale, possession or use of hypodermic
 2    syringes or hypodermic needles for treatment of livestock  or
 3    poultry by the owner or keeper thereof or a person engaged in
 4    chemical,   clinical,   pharmaceutical  or  other  scientific
 5    research.
 6        (b)  A pharmacist may sell up to  10  sterile  hypodermic
 7    syringes  to  a  person  who  is  at  least  18 years of age,
 8    regardless of whether the person has a prescription  for  the
 9    syringes.   Any  syringe sold pursuant to this subsection (b)
10    must be stored at a pharmacy and  in  a  manner  that  limits
11    access  to  the  syringes  to  pharmacists  employed  at  the
12    pharmacy  and  any persons designated by any such pharmacist.
13    Any syringe sold at a pharmacy pursuant  to  this  subsection
14    (b)  may  be  sold  only  from the pharmacy department of the
15    pharmacy.
16    (Source: Laws 1955, p. 1408.)

17        (720 ILCS 635/2.5 new)
18        Sec. 2.5. Educational materials; guidelines for disposal.
19        (a)  The  Illinois  Department  of  Public  Health  shall
20    develop  educational  materials  and  make  copies   of   the
21    educational  materials available to pharmacists.  Pharmacists
22    shall make these educational materials available  to  persons
23    who  purchase  syringes  as authorized pursuant to subsection
24    (b) of Section 1.  The educational  materials  shall  include
25    information   regarding   safer  injection,  HIV  prevention,
26    syringe disposal, and drug treatment.
27        (b)  The  Illinois  Department  of  Public  Health  shall
28    create guidelines to advise local communities on implementing
29    syringe disposal policies that meet regional  needs  and  are
30    consistent  with or more stringent than current rules adopted
31    by the Environmental Protection Agency.".

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