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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2118 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
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| 415 ILCS 5/3.458 | | 720 ILCS 635/1 | from Ch. 38, par. 22-50 | 720 ILCS 635/2 | from Ch. 38, par. 22-51 | 720 ILCS 635/5 rep. | |
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Amends the Hypodermic Syringes and Needles Act. Provides that any supplier (rather than a pharmacist) may sell any amount of (rather than up to 100) sterile hypodermic syringes or needles
to a person
who is
at least 18 years of age. Deletes a provision that a syringe or needle sold 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. Deletes provision that a syringe or
needle sold
at a
pharmacy may be sold only from the pharmacy
department
of the pharmacy. Makes other conforming changes to the Act. Amends the Environmental Protection Act to make conforming changes.
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| | A BILL FOR |
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| | HB2118 | | LRB103 26835 RLC 53199 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Environmental Protection Act is amended by |
| 5 | | changing Section 3.458 as follows:
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| 6 | | (415 ILCS 5/3.458)
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| 7 | | Sec. 3.458. Sharps collection station.
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| 8 | | (a) "Sharps collection station" means a designated area at |
| 9 | | an applicable
facility where (i) hypodermic, intravenous, or |
| 10 | | other medical needles or syringes or other sharps, or (ii) |
| 11 | | medical household waste containing
medical sharps, including, |
| 12 | | but not limited to, hypodermic, intravenous, or
other medical |
| 13 | | needles or syringes or other sharps, are collected
for |
| 14 | | transport, storage, treatment, transfer, or disposal.
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| 15 | | (b) For purposes of this Section, "applicable facility" |
| 16 | | means any of the
following:
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| 17 | | (1) A hospital.
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| 18 | | (2) An ambulatory surgical treatment center, |
| 19 | | physician's office, clinic, or other setting where a |
| 20 | | physician provides care.
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| 21 | | (3) A pharmacy employing a registered pharmacist.
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| 22 | | (4) (Blank). The principal place of business of any |
| 23 | | government official who is
authorized under Section 1 of |
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| | HB2118 | - 2 - | LRB103 26835 RLC 53199 b |
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| 1 | | the Hypodermic Syringes and Needles Act (720 ILCS
635/) to |
| 2 | | possess hypodermic, intravenous, or other medical needles, |
| 3 | | or
hypodermic or intravenous syringes, by reason of his or |
| 4 | | her official duties.
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| 5 | | (Source: P.A. 94-641, eff. 8-22-05.)
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| 6 | | Section 10. The Hypodermic Syringes and Needles Act is |
| 7 | | amended by changing Sections 1 and 2 as follows:
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| 8 | | (720 ILCS 635/1) (from Ch. 38, par. 22-50)
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| 9 | | Sec. 1. Possession of hypodermic syringes and needles.
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| 10 | | (a) (Blank). Except as provided in subsection (b), no |
| 11 | | person, not being a
physician,
dentist, chiropodist or
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| 12 | | veterinarian licensed under the laws of this State or of the |
| 13 | | state where he
resides, or a registered professional nurse, or |
| 14 | | a registered embalmer,
manufacturer or dealer in embalming |
| 15 | | supplies, wholesale druggist,
manufacturing pharmacist, |
| 16 | | registered pharmacist, manufacturer of surgical
instruments, |
| 17 | | industrial user, official of any government having possession
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| 18 | | of the articles hereinafter mentioned by reason of his or her |
| 19 | | official duties,
nurse or a medical laboratory technician |
| 20 | | acting under the direction of a
physician or dentist, employee |
| 21 | | of an incorporated hospital acting under the
direction of its |
| 22 | | superintendent or officer in immediate charge, or a
carrier or |
| 23 | | messenger engaged in the transportation of the articles, or |
| 24 | | the
holder of a permit issued under Section 5 of this Act, or a |
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| 1 | | farmer
engaged in the use of the instruments on livestock, or a |
| 2 | | person engaged in
chemical, clinical, pharmaceutical or other |
| 3 | | scientific research, or a staff person, volunteer, or |
| 4 | | participant in a needle or hypodermic syringe access program, |
| 5 | | shall have
in his or her possession a hypodermic syringe, |
| 6 | | hypodermic needle, or any
instrument adapted for the use of |
| 7 | | controlled substances or cannabis by
subcutaneous injection.
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| 8 | | (b) A person who is at least 18 years of age may purchase |
| 9 | | from any supplier a pharmacy
and have in his or her possession |
| 10 | | any amount of up to 100
hypodermic
syringes or needles.
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| 11 | | (Source: P.A. 100-326, eff. 1-1-18; 101-356, eff. 8-9-19.)
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| 12 | | (720 ILCS 635/2) (from Ch. 38, par. 22-51)
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| 13 | | Sec. 2. Sale of hypodermic syringes and needles.
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| 14 | | (a) (Blank). Except
as provided in subsection (b), no |
| 15 | | syringe, needle or instrument shall
be delivered or sold
to, |
| 16 | | or exchanged with, any person except a registered pharmacist,
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| 17 | | physician, dentist, veterinarian, registered embalmer, |
| 18 | | manufacturer or
dealer in embalming supplies, wholesale |
| 19 | | druggist, manufacturing pharmacist,
industrial user, a nurse |
| 20 | | upon the written order of a physician or dentist,
the holder of |
| 21 | | a permit issued under Section 5 of this Act, a registered
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| 22 | | chiropodist, or an employee of an incorporated hospital upon |
| 23 | | the written
order of its superintendent or officer in |
| 24 | | immediate charge; provided that
the provisions of this Act |
| 25 | | shall not prohibit the sale, possession or use
of hypodermic |
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| 1 | | syringes or hypodermic needles for treatment of livestock or
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| 2 | | poultry by the owner or keeper thereof or a person engaged in |
| 3 | | chemical,
clinical, pharmaceutical or other scientific |
| 4 | | research, or a staff person, volunteer, or participant in a |
| 5 | | needle or hypodermic syringe access program.
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| 6 | | (b) Any supplier A pharmacist may sell any amount of |
| 7 | | up to 100 sterile hypodermic syringes or needles
to a |
| 8 | | person
who is
at least 18 years of age.
A syringe or needle |
| 9 | | sold under this subsection
(b) must be
stored at a
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| 10 | | pharmacy
and in a manner that limits access to the |
| 11 | | syringes or needles to pharmacists
employed at
the
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| 12 | | pharmacy and any persons designated by the pharmacists. A |
| 13 | | syringe or
needle sold
at a
pharmacy under this subsection |
| 14 | | (b) may be sold only from the pharmacy
department
of the |
| 15 | | pharmacy.
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| 16 | | (Source: P.A. 100-326, eff. 1-1-18; 101-356, eff. 8-9-19.)
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| 17 | | (720 ILCS 635/5 rep.) |
| 18 | | Section 15. The Hypodermic Syringes and Needles Act is |
| 19 | | amended by repealing Section 5.
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