Bill Text: IL HB2118 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Amends the Environmental Protection Act. Defines "applicable facility" to include the principal place of business of any government official who is collecting for transport, storage, treatment, transfer, or disposal hypodermic, intravenous, or other medical needles, or hypodermic or intravenous syringes, by reason of his or her official duties (instead of removing from the definition of “applicable facility” the principal place of business of any government official). Amends the Hypodermic Syringes and Needles Act. Deletes the minimum age of 18 for the purchase of hypodermic syringes and needles.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2023-03-29 - Referred to Assignments [HB2118 Detail]

Download: Illinois-2023-HB2118-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 3.458 as follows:
(415 ILCS 5/3.458)
Sec. 3.458. Sharps collection station.
(a) "Sharps collection station" means a designated area at
an applicable facility where (i) hypodermic, intravenous, or
other medical needles or syringes or other sharps, or (ii)
medical household waste containing medical sharps, including,
but not limited to, hypodermic, intravenous, or other medical
needles or syringes or other sharps, are collected for
transport, storage, treatment, transfer, or disposal.
(b) For purposes of this Section, "applicable facility"
means any of the following:
(1) A hospital.
(2) An ambulatory surgical treatment center,
physician's office, clinic, or other setting where a
physician provides care.
(3) A pharmacy employing a registered pharmacist.
(4) The principal place of business of any government
official who is collecting for transport, storage,

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treatment, transfer, or disposal of authorized under
Section 1 of the Hypodermic Syringes and Needles Act (720
ILCS 635/) to possess hypodermic, intravenous, or other
medical needles, or hypodermic or intravenous syringes, by
reason of his or her official duties.
(Source: P.A. 94-641, eff. 8-22-05.)
Section 10. The Hypodermic Syringes and Needles Act is
amended by changing Sections 1 and 2 as follows:
(720 ILCS 635/1) (from Ch. 38, par. 22-50)
Sec. 1. Possession of hypodermic syringes and needles.
(a) (Blank). Except as provided in subsection (b), no
person, not being a physician, dentist, chiropodist or
veterinarian licensed under the laws of this State or of the
state where he resides, or a registered professional nurse, or
a registered embalmer, manufacturer or dealer in embalming
supplies, wholesale druggist, manufacturing pharmacist,
registered pharmacist, manufacturer of surgical instruments,
industrial user, official of any government having possession
of the articles hereinafter mentioned by reason of his or her
official duties, nurse or a medical laboratory technician
acting under the direction of a physician or dentist, employee
of an incorporated hospital acting under the direction of its
superintendent or officer in immediate charge, or a carrier or
messenger engaged in the transportation of the articles, or

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the holder of a permit issued under Section 5 of this Act, or a
farmer engaged in the use of the instruments on livestock, or a
person engaged in chemical, clinical, pharmaceutical or other
scientific research, or a staff person, volunteer, or
participant in a needle or hypodermic syringe access program,
shall have in his or her possession a hypodermic syringe,
hypodermic needle, or any instrument adapted for the use of
controlled substances or cannabis by subcutaneous injection.
(b) A person who is at least 18 years of age may purchase
from any supplier a pharmacy and have in his or her possession
any amount of up to 100 hypodermic syringes or needles.
(Source: P.A. 100-326, eff. 1-1-18; 101-356, eff. 8-9-19.)
(720 ILCS 635/2) (from Ch. 38, par. 22-51)
Sec. 2. Sale of hypodermic syringes and needles.
(a) (Blank). Except as provided in subsection (b), no
syringe, needle or instrument shall be delivered or sold to,
or exchanged with, any person except a registered pharmacist,
physician, dentist, veterinarian, registered embalmer,
manufacturer or dealer in embalming supplies, wholesale
druggist, manufacturing pharmacist, industrial user, a nurse
upon the written order of a physician or dentist, the holder of
a permit issued under Section 5 of this Act, a registered
chiropodist, or an employee of an incorporated hospital upon
the written order of its superintendent or officer in
immediate charge; provided that the provisions of this Act

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shall not prohibit the sale, possession or use of hypodermic
syringes or hypodermic needles for treatment of livestock or
poultry by the owner or keeper thereof or a person engaged in
chemical, clinical, pharmaceutical or other scientific
research, or a staff person, volunteer, or participant in a
needle or hypodermic syringe access program.
(b) Any supplier A pharmacist may sell any amount of up to
100 sterile hypodermic syringes or needles to any a person who
is at least 18 years of age. A syringe or needle sold under
this subsection (b) must be stored at a pharmacy and in a
manner that limits access to the syringes or needles to
pharmacists employed at the pharmacy and any persons
designated by the pharmacists. A syringe or needle sold at a
pharmacy under this subsection (b) may be sold only from the
pharmacy department of the pharmacy.
(Source: P.A. 100-326, eff. 1-1-18; 101-356, eff. 8-9-19.)
(720 ILCS 635/5 rep.)
Section 15. The Hypodermic Syringes and Needles Act is
amended by repealing Section 5.