Bill Text: IL HB4082 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Excludes tissue and products from an abortion from the definition of "potentially infectious medical waste". Requires (currently, allows) tissue and products from an abortion or a miscarriage to be buried, entombed, or cremated.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-16 - Referred to Rules Committee [HB4082 Detail]

Download: Illinois-2019-HB4082-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4082 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
415 ILCS 5/3.360 was 415 ILCS 5/3.84
415 ILCS 5/56.1 from Ch. 111 1/2, par. 1056.1
Amends the Environmental Protection Act. Excludes tissue and products from an abortion from the definition of "potentially infectious medical waste". Requires (currently, allows) tissue and products from an abortion or a miscarriage to be buried, entombed, or cremated.
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A BILL FOR
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AN ACT concerning safety.
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 Sections 3.360 and 56.1 as follows:
(415 ILCS 5/3.360) (was 415 ILCS 5/3.84)
Sec. 3.360. Potentially infectious medical waste.
(a) "Potentially infectious medical waste" means the
following types of waste generated in connection with the
diagnosis, treatment (i.e., provision of medical services), or
immunization of human beings or animals; research pertaining to
the provision of medical services; or the production or testing
of biologicals:
(1) Cultures and stocks. This waste shall include but
not be limited to cultures and stocks of agents infectious
to humans, and associated biologicals; cultures from
medical or pathological laboratories; cultures and stocks
of infectious agents from research and industrial
laboratories; wastes from the production of biologicals;
discarded live or attenuated vaccines; or culture dishes
and devices used to transfer, inoculate, or mix cultures.
(2) Human pathological wastes. This waste shall
include tissue, organs, and body parts (except teeth and

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the contiguous structures of bone and gum); body fluids
that are removed during surgery, autopsy, or other medical
procedures; or specimens of body fluids and their
containers.
(3) Human blood and blood products. This waste shall
include discarded human blood, blood components (e.g.,
serum and plasma), or saturated material containing free
flowing blood or blood components.
(4) Used sharps. This waste shall include but not be
limited to discarded sharps used in animal or human patient
care, medical research, or clinical or pharmaceutical
laboratories; hypodermic, intravenous, or other medical
needles; hypodermic or intravenous syringes; Pasteur
pipettes; scalpel blades; or blood vials. This waste shall
also include but not be limited to other types of broken or
unbroken glass (including slides and cover slips) in
contact with infectious agents.
(5) Animal waste. Animal waste means discarded
materials, including carcasses, body parts, body fluids,
blood, or bedding originating from animals inoculated
during research, production of biologicals, or
pharmaceutical testing with agents infectious to humans.
(6) Isolation waste. This waste shall include
discarded materials contaminated with blood, excretions,
exudates, and secretions from humans that are isolated to
protect others from highly communicable diseases. "Highly

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communicable diseases" means those diseases identified by
the Board in rules adopted under subsection (e) of Section
56.2 of this Act.
(7) Unused sharps. This waste shall include but not be
limited to the following unused, discarded sharps:
hypodermic, intravenous, or other needles; hypodermic or
intravenous syringes; or scalpel blades.
(b) Potentially infectious medical waste does not include:
(1) waste generated as general household waste;
(2) waste (except for sharps) for which the infectious
potential has been eliminated by treatment;
(3) sharps that meet both of the following conditions:
(A) the infectious potential has been eliminated
from the sharps by treatment; and
(B) the sharps are rendered unrecognizable by
treatment; or
(4) sharps that are managed in accordance with the
following requirements:
(A) the infectious potential is eliminated from
the sharps by treatment at a facility that is permitted
by the Agency for the treatment of potentially
infectious medical waste;
(B) the sharps are certified by the treatment
facility as non-special waste in accordance with
Section 22.48 of this Act;
(C) the sharps are packaged at the treatment

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facility the same as required under Board rules for
potentially infectious medical waste;
(D) the sharps are transported under the custody of
the treatment facility to a landfill permitted by the
Agency under Section 21 of this Act to accept municipal
waste for disposal; and
(E) the activities in subparagraphs (A) through
(D) of this paragraph (4) are authorized in, and
conducted in accordance with, a permit issued by the
Agency to the treatment facility.
"Potentially infectious medical waste" does not include
tissue or products from an abortion, as defined in Section 1-10
of the Reproductive Health Act.
(Source: P.A. 98-366, eff. 1-1-14.)
(415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
Sec. 56.1. Acts prohibited.
(A) No person shall:
(a) Cause or allow the disposal of any potentially
infectious medical waste. Sharps may be disposed in any
landfill permitted by the Agency under Section 21 of this
Act to accept municipal waste for disposal, if both:
(1) the infectious potential has been eliminated
from the sharps by treatment; and
(2) the sharps are packaged in accordance with
Board regulations.

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(b) Cause or allow the delivery of any potentially
infectious medical waste for transport, storage,
treatment, or transfer except in accordance with Board
regulations.
(c) Beginning July 1, 1992, cause or allow the delivery
of any potentially infectious medical waste to a person or
facility for storage, treatment, or transfer that does not
have a permit issued by the agency to receive potentially
infectious medical waste, unless no permit is required
under subsection (g)(1).
(d) Beginning July 1, 1992, cause or allow the delivery
or transfer of any potentially infectious medical waste for
transport unless:
(1) the transporter has a permit issued by the
Agency to transport potentially infectious medical
waste, or the transporter is exempt from the permit
requirement set forth in subsection (f)(l).
(2) a potentially infectious medical waste
manifest is completed for the waste if a manifest is
required under subsection (h).
(e) Cause or allow the acceptance of any potentially
infectious medical waste for purposes of transport,
storage, treatment, or transfer except in accordance with
Board regulations.
(f) Beginning July 1, 1992, conduct any potentially
infectious medical waste transportation operation:

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(1) Without a permit issued by the Agency to
transport potentially infectious medical waste. No
permit is required under this provision (f)(1) for:
(A) a person transporting potentially
infectious medical waste generated solely by that
person's activities;
(B) noncommercial transportation of less than
50 pounds of potentially infectious medical waste
at any one time; or
(C) the U.S. Postal Service.
(2) In violation of any condition of any permit
issued by the Agency under this Act.
(3) In violation of any regulation adopted by the
Board.
(4) In violation of any order adopted by the Board
under this Act.
(g) Beginning July 1, 1992, conduct any potentially
infectious medical waste treatment, storage, or transfer
operation:
(1) without a permit issued by the Agency that
specifically authorizes the treatment, storage, or
transfer of potentially infectious medical waste. No
permit is required under this subsection (g) or
subsection (d)(1) of Section 21 for any:
(A) Person conducting a potentially infectious
medical waste treatment, storage, or transfer

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operation for potentially infectious medical waste
generated by the person's own activities that are
treated, stored, or transferred within the site
where the potentially infectious medical waste is
generated.
(B) Hospital that treats, stores, or transfers
only potentially infectious medical waste
generated by its own activities or by members of
its medical staff.
(C) Sharps collection station that is operated
in accordance with Section 56.7.
(2) in violation of any condition of any permit
issued by the Agency under this Act.
(3) in violation of any regulation adopted by the
Board.
(4) In violation of any order adopted by the Board
under this Act.
(h) Transport potentially infectious medical waste
unless the transporter carries a completed potentially
infectious medical waste manifest. No manifest is required
for the transportation of:
(1) potentially infectious medical waste being
transported by generators who generated the waste by
their own activities, when the potentially infectious
medical waste is transported within or between sites or
facilities owned, controlled, or operated by that

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person;
(2) less than 50 pounds of potentially infectious
medical waste at any one time for a noncommercial
transportation activity; or
(3) potentially infectious medical waste by the
U.S. Postal Service.
(i) Offer for transportation, transport, deliver,
receive or accept potentially infectious medical waste for
which a manifest is required, unless the manifest indicates
that the fee required under Section 56.4 of this Act has
been paid.
(j) Beginning January 1, 1994, conduct a potentially
infectious medical waste treatment operation at an
incinerator in existence on the effective date of this
Title in violation of emission standards established for
these incinerators under Section 129 of the Clean Air Act
(42 USC 7429), as amended.
(k) Beginning July 1, 2015, knowingly mix household
sharps, including, but not limited to, hypodermic,
intravenous, or other medical needles or syringes or other
medical household waste containing used or unused sharps,
including, but not limited to, hypodermic, intravenous, or
other medical needles or syringes or other sharps, with any
other material intended for collection as a recyclable
material by a residential hauler.
(l) Beginning on July 1, 2015, knowingly place

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household sharps into a container intended for collection
by a residential hauler for processing at a recycling
center.
(B) In making its orders and determinations relative to
penalties, if any, to be imposed for violating subdivision
(A)(a) of this Section, the Board, in addition to the factors
in Sections 33(c) and 42(h) of this Act, or the Court shall
take into consideration whether the owner or operator of the
landfill reasonably relied on written statements from the
person generating or treating the waste that the waste is not
potentially infectious medical waste.
(C) Tissue Notwithstanding subsection (A) or any other
provision of law, including the Vital Records Act, tissue and
products from an abortion, as defined in Section 1-10 of the
Reproductive Health Act, or a miscarriage shall may be buried,
entombed, or cremated.
(Source: P.A. 101-13, eff. 6-12-19.)