Public Act 100-0345
 
HB0706 EnrolledLRB100 05394 MJP 15405 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    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.


(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. 

    (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.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  8/25/2017