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| Public Act 100-0612 | ||||
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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 10 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 liquid or solid form. The term | ||
includes, but is not limited to, suspensions, 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; 100-345, eff. 8-25-17.) | ||
(210 ILCS 150/10)
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Sec. 10. Disposal of unused medications prohibited. | ||
(a) Except for medications contained in intraperitoneal | ||
solutions, intravenous fluids, syringes, or transdermal | ||
patches, no health care institution, nor any employee, staff | ||
person, contractor, or other person acting under the direction | ||
or supervision of a health care institution, may discharge, | ||
dispose of, flush, pour, or empty any unused medication into a | ||
public wastewater collection system or septic system. | ||
(b) A violation of this Section is a petty offense subject | ||
to a fine of $500. Fines collected under this Act from | ||
facilities licensed under the Nursing Home Care Act shall be | ||
deposited into the Long Term Care Monitor/Receiver Fund. Fines | ||
collected from all other health care institutions under this | ||
Act shall be deposited into the Environmental Protection Trust | ||
Fund.
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(Source: P.A. 96-221, eff. 1-1-10.)
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