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| Public Act 100-0345 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Safe Pharmaceutical Disposal Act is amended | ||||
by changing Sections 5 and 18 as follows: | ||||
(210 ILCS 150/5) | ||||
Sec. 5. Definitions. In this Act: | ||||
"Health care institution" means any public or private | ||||
institution or agency licensed or certified by State law to | ||||
provide health care. The term includes hospitals, nursing | ||||
homes, residential health care facilities, home health care | ||||
agencies, hospice programs operating in this State, | ||||
institutions, facilities, or agencies that provide services to | ||||
persons with mental health illnesses, and institutions, | ||||
facilities, or agencies that provide services for persons with | ||||
developmental disabilities. | ||||
"Law enforcement agency" means any federal, State, or local | ||||
law enforcement agency, including a State's Attorney and the | ||||
Attorney General. | ||||
"Nurse" means an advanced practice nurse, registered | ||||
nurse, or licensed practical nurse licensed under the Nurse | ||||
Practice Act. | ||||
"Public wastewater collection system" means any wastewater | ||||
collection system regulated by the Environmental Protection | ||
Agency. | ||
"Unused medication" means any unopened, expired, or excess | ||
(including medication unused as a result of the death of the | ||
patient) medication that has been dispensed for patient or | ||
resident care and that is in a solid form. The term includes | ||
pills, tablets, capsules, and caplets. For long-term care | ||
facilities licensed under the Nursing Home Care Act, "unused | ||
medication" does not include any Schedule II controlled | ||
substance under federal law in any form, until such time as the | ||
federal Drug Enforcement Administration adopts regulations | ||
that permit these facilities to dispose of controlled | ||
substances in a manner consistent with this Act.
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(Source: P.A. 99-648, eff. 1-1-17.) | ||
(210 ILCS 150/18) | ||
Sec. 18. Unused medications at the scene of a death. | ||
(a) Notwithstanding any provision of law to the contrary, | ||
the Department of State Police may by rule authorize State | ||
Police officers to dispose of any unused medications found at | ||
the scene of a death the State Police officer is investigating. | ||
A State Police officer may only dispose of any unused | ||
medications under this subsection after consulting with any | ||
other investigating law enforcement agency to ensure that the | ||
unused medications will not be needed as evidence in any | ||
investigation. This Section shall not apply to any unused | ||
medications a State Police officer takes into custody as part | ||
of any investigation into a crime. | ||
(b) Notwithstanding any provision of law to the contrary, a | ||
local governmental agency may authorize police officers to | ||
dispose of any unused medications found at the scene of a death | ||
a police officer is investigating. A police officer may only | ||
dispose of any unused medications under this subsection after | ||
consulting with any other investigating law enforcement agency | ||
to ensure that the unused medications will not be needed as | ||
evidence in any investigation. This Section shall not apply to | ||
any unused medications a police officer takes into custody as | ||
part of any investigation into a crime. | ||
(c) Notwithstanding any provision of law to the contrary, a | ||
coroner or medical examiner may dispose of any unused | ||
medications found at the scene of a death the coroner or | ||
medical examiner is investigating. A coroner or medical | ||
examiner may only dispose of any unused medications under this | ||
subsection after consulting with any investigating law | ||
enforcement agency to ensure that the unused medications will | ||
not be needed as evidence in any investigation. | ||
(d) Any disposal under this Section shall be in accordance | ||
with Section 17 of this Act or another State or federally | ||
approved medication take-back program or location. | ||
(e) This Section shall not apply to prescription drugs for | ||
which the United States Food and Drug Administration created a | ||
Risk Evaluation and Mitigation Strategy for under the Food and | ||
Drug Administration Amendments Act of 2007. | ||
(f) Nothing in this Section shall be construed to require a | ||
search of the scene for unused medications. | ||
(g) Prior to disposal of any medication collected as | ||
evidence in a criminal investigation under this Section, a | ||
State Police officer, police officer, coroner, or medical | ||
examiner shall photograph the unused medication and its | ||
container or packaging, if available; document the number or | ||
amount of medication to be disposed; and include the | ||
photographs and documentation in the police report, coroner | ||
report, or medical examiner report. | ||
(h) If an autopsy is performed as part of a death | ||
investigation, no medication seized under this Section shall be | ||
disposed of until after a toxicology report is received by the | ||
entity requesting the report.
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(i) If a police officer, State Police officer, coroner, or | ||
medical examiner is not present at the scene of a death, a | ||
nurse may dispose of any unused medications found at the scene | ||
of a death the nurse is present at while engaging in the | ||
performance of his or her duties. A nurse may dispose of any | ||
unused medications under this subsection only after consulting | ||
with any investigating law enforcement agency to ensure that | ||
the unused medications will not be needed as evidence in an | ||
investigation. | ||
(j) When an individual authorized to dispose of unused | ||
medication under this Section disposes of unused medication | ||
under this Section in good faith, the individual, and his or | ||
her employer, employees, and agents, shall incur no criminal | ||
liability or professional discipline. | ||
(Source: P.A. 99-648, eff. 1-1-17.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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