|
|
|||||||
| |||||||
| |||||||
| 1 | AN ACT concerning safety.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 1. Short title. This Act may be cited as the Safe | ||||||
| 5 | Pharmaceutical Disposal Act. | ||||||
| 6 | Section 5. Definitions. In this Act: | ||||||
| 7 | "Health care institution" means any public or private | ||||||
| 8 | institution or agency licensed or certified by State law to | ||||||
| 9 | provide health care. The term includes hospitals, nursing | ||||||
| 10 | homes, residential health care facilities, home health care | ||||||
| 11 | agencies, hospice programs operating in this State, | ||||||
| 12 | institutions, facilities, or agencies that provide services to | ||||||
| 13 | persons with mental health illnesses, and institutions, | ||||||
| 14 | facilities, or agencies that provide services for persons with | ||||||
| 15 | developmental disabilities. | ||||||
| 16 | "Public wastewater collection system" means any wastewater | ||||||
| 17 | collection system regulated by the Environmental Protection | ||||||
| 18 | Agency. | ||||||
| 19 | "Unused medication" means any unopened, expired, or excess | ||||||
| 20 | medication that has been dispensed for patient or resident care | ||||||
| 21 | and that is in a solid form. The term includes pills, tablets, | ||||||
| 22 | capsules, and caplets. For long-term care facilities licensed | ||||||
| 23 | under the Nursing Home Care Act, "unused medication" does not | ||||||
| |||||||
| |||||||
| 1 | include any Schedule II controlled substance under federal law | ||||||
| 2 | in any form, until such time as the federal Drug Enforcement | ||||||
| 3 | Administration adopts regulations that permit these facilities | ||||||
| 4 | to dispose of controlled substances in a manner consistent with | ||||||
| 5 | this Act.
| ||||||
| 6 | Section 10. Disposal of unused medications prohibited. | ||||||
| 7 | (a) Except for medications contained in intravenous | ||||||
| 8 | fluids, syringes, or transdermal patches, no health care | ||||||
| 9 | institution, nor any employee, staff person, contractor, or | ||||||
| 10 | other person acting under the direction or supervision of a | ||||||
| 11 | health care institution, may discharge, dispose of, flush, | ||||||
| 12 | pour, or empty any unused medication into a public wastewater | ||||||
| 13 | collection system or septic system. | ||||||
| 14 | (b) A violation of this Section is a petty offense subject | ||||||
| 15 | to a fine of $500. Fines collected under this Act from | ||||||
| 16 | facilities licensed under the Nursing Home Care Act shall be | ||||||
| 17 | deposited into the Long Term Care Monitor/Receiver Fund. Fines | ||||||
| 18 | collected from all other health care institutions under this | ||||||
| 19 | Act shall be deposited into the Environmental Protection Trust | ||||||
| 20 | Fund. | ||||||
| 21 | Section 15. Health care institution protocols. Nursing | ||||||
| 22 | homes, residential health care facilities, home health care | ||||||
| 23 | agencies, hospice programs operating in this State, | ||||||
| 24 | institutions, facilities, or agencies that provide services to | ||||||
| |||||||
| |||||||
| 1 | persons with mental health illnesses, and institutions, | ||||||
| 2 | facilities, or agencies that provide services for persons with | ||||||
| 3 | developmental disabilities shall modify their written | ||||||
| 4 | medication protocols to be consistent with the requirements of | ||||||
| 5 | this Act. | ||||||
| 6 | Section 20. Oversight. Each agency having regulatory | ||||||
| 7 | oversight responsibility for a type of health care institution | ||||||
| 8 | as defined in this Act shall be responsible for ensuring those | ||||||
| 9 | institutions' compliance with this Act.
| ||||||
| 10 | Section 99. Effective date. This Act takes effect January | ||||||
| 11 | 1, 2010.
| ||||||