Bill Text: IL HB4082 | 2019-2020 | 101st General Assembly | Introduced
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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| 1 | AN ACT concerning safety.
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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 Sections 3.360 and 56.1 as follows:
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| 6 | (415 ILCS 5/3.360) (was 415 ILCS 5/3.84)
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| 7 | Sec. 3.360. Potentially infectious medical waste.
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| 8 | (a) "Potentially infectious medical waste" means
the | |||||||||||||||||||||
| 9 | following types of waste generated in connection with the | |||||||||||||||||||||
| 10 | diagnosis,
treatment (i.e., provision of medical services), or | |||||||||||||||||||||
| 11 | immunization of
human beings or animals; research pertaining to | |||||||||||||||||||||
| 12 | the provision of medical
services; or the production or testing | |||||||||||||||||||||
| 13 | of biologicals:
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| 14 | (1) Cultures and stocks.
This waste shall include but | |||||||||||||||||||||
| 15 | not be limited to cultures and stocks of
agents infectious | |||||||||||||||||||||
| 16 | to humans, and associated biologicals; cultures from
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| 17 | medical or pathological laboratories; cultures and stocks | |||||||||||||||||||||
| 18 | of infectious
agents from research and industrial | |||||||||||||||||||||
| 19 | laboratories; wastes from the
production of biologicals; | |||||||||||||||||||||
| 20 | discarded live or attenuated vaccines; or
culture dishes | |||||||||||||||||||||
| 21 | and devices used to transfer, inoculate, or mix cultures.
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| 22 | (2) Human pathological wastes. This waste shall | |||||||||||||||||||||
| 23 | include tissue, organs,
and body parts (except teeth and | |||||||||||||||||||||
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| 1 | the contiguous
structures of bone and gum); body fluids | ||||||
| 2 | that are removed during surgery,
autopsy, or other medical | ||||||
| 3 | procedures; or specimens of body fluids and their
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| 4 | containers.
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| 5 | (3) Human blood and blood products. This waste shall | ||||||
| 6 | include discarded
human blood, blood components (e.g., | ||||||
| 7 | serum and plasma), or saturated material
containing free | ||||||
| 8 | flowing blood or blood components.
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| 9 | (4) Used sharps. This waste shall include but not be | ||||||
| 10 | limited to
discarded sharps used in animal or human patient | ||||||
| 11 | care, medical
research, or clinical or pharmaceutical | ||||||
| 12 | laboratories; hypodermic,
intravenous, or other medical
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| 13 | needles; hypodermic or intravenous syringes; Pasteur | ||||||
| 14 | pipettes; scalpel
blades; or blood vials. This waste shall | ||||||
| 15 | also include but not be limited
to other types of broken or | ||||||
| 16 | unbroken glass (including slides and cover
slips) in | ||||||
| 17 | contact with infectious agents.
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| 18 | (5) Animal waste. Animal waste means discarded | ||||||
| 19 | materials, including
carcasses, body parts, body fluids, | ||||||
| 20 | blood, or bedding originating from animals
inoculated | ||||||
| 21 | during research, production of biologicals, or | ||||||
| 22 | pharmaceutical
testing with agents infectious to humans.
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| 23 | (6) Isolation waste. This waste shall include | ||||||
| 24 | discarded materials
contaminated with blood, excretions, | ||||||
| 25 | exudates, and secretions from humans
that are isolated to | ||||||
| 26 | protect others from highly communicable diseases.
"Highly | ||||||
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| 1 | communicable diseases" means those diseases identified by | ||||||
| 2 | the Board
in rules adopted under subsection (e) of Section | ||||||
| 3 | 56.2 of this Act.
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| 4 | (7) Unused sharps. This waste shall include but not be | ||||||
| 5 | limited to the
following unused, discarded sharps: | ||||||
| 6 | hypodermic, intravenous, or
other needles; hypodermic or | ||||||
| 7 | intravenous syringes; or scalpel blades.
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| 8 | (b) Potentially infectious medical waste does not include:
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| 9 | (1) waste generated as general household waste;
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| 10 | (2) waste (except for sharps) for which the infectious | ||||||
| 11 | potential has
been eliminated by treatment;
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| 12 | (3) sharps that meet both of the following conditions:
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| 13 | (A) the infectious potential has been eliminated | ||||||
| 14 | from the sharps by
treatment; and
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| 15 | (B) the sharps are rendered unrecognizable by | ||||||
| 16 | treatment; or
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| 17 | (4) sharps that are managed in accordance with the | ||||||
| 18 | following requirements: | ||||||
| 19 | (A) the infectious potential is eliminated from | ||||||
| 20 | the sharps by treatment at a facility that is permitted | ||||||
| 21 | by the Agency for the treatment of potentially | ||||||
| 22 | infectious medical waste; | ||||||
| 23 | (B) the sharps are certified by the treatment | ||||||
| 24 | facility as non-special waste in accordance with | ||||||
| 25 | Section 22.48 of this Act; | ||||||
| 26 | (C) the sharps are packaged at the treatment | ||||||
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| 1 | facility the same as required under Board rules for | ||||||
| 2 | potentially infectious medical waste; | ||||||
| 3 | (D) the sharps are transported under the custody of | ||||||
| 4 | the treatment facility to a landfill permitted by the | ||||||
| 5 | Agency under Section 21 of this Act to accept municipal | ||||||
| 6 | waste for disposal; and | ||||||
| 7 | (E) the activities in subparagraphs (A) through | ||||||
| 8 | (D) of this paragraph (4) are authorized in, and | ||||||
| 9 | conducted in accordance with, a permit issued by the | ||||||
| 10 | Agency to the treatment facility. | ||||||
| 11 | "Potentially infectious medical waste" does not include | ||||||
| 12 | tissue or products from an abortion, as defined in Section 1-10 | ||||||
| 13 | of the Reproductive Health Act. | ||||||
| 14 | (Source: P.A. 98-366, eff. 1-1-14.)
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| 15 | (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
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| 16 | Sec. 56.1. Acts prohibited.
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| 17 | (A) No person shall:
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| 18 | (a) Cause or allow the disposal of any potentially | ||||||
| 19 | infectious medical
waste. Sharps may be disposed in any | ||||||
| 20 | landfill permitted by the Agency under
Section 21 of this | ||||||
| 21 | Act to accept municipal waste for disposal, if both:
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| 22 | (1) the infectious potential has been eliminated | ||||||
| 23 | from the sharps by
treatment; and
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| 24 | (2) the sharps are packaged in accordance with | ||||||
| 25 | Board regulations.
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| 1 | (b) Cause or allow the delivery of any potentially | ||||||
| 2 | infectious medical
waste for transport, storage, | ||||||
| 3 | treatment, or transfer except in accordance
with Board | ||||||
| 4 | regulations.
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| 5 | (c) Beginning July 1, 1992, cause or allow the delivery | ||||||
| 6 | of any
potentially infectious medical waste to a person or | ||||||
| 7 | facility for storage,
treatment, or transfer that does not | ||||||
| 8 | have a permit issued by the agency to
receive potentially | ||||||
| 9 | infectious medical waste, unless no permit is required
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| 10 | under subsection (g)(1).
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| 11 | (d) Beginning July 1, 1992, cause or allow the delivery | ||||||
| 12 | or transfer of
any potentially infectious medical waste for | ||||||
| 13 | transport unless:
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| 14 | (1) the transporter has a permit issued by the | ||||||
| 15 | Agency to transport
potentially infectious medical | ||||||
| 16 | waste, or the transporter is exempt from the
permit | ||||||
| 17 | requirement set forth in subsection (f)(l).
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| 18 | (2) a potentially infectious medical waste | ||||||
| 19 | manifest is completed for
the waste if a manifest is | ||||||
| 20 | required under subsection (h).
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| 21 | (e) Cause or allow the acceptance of any potentially | ||||||
| 22 | infectious medical
waste for purposes of transport, | ||||||
| 23 | storage, treatment, or transfer except in
accordance with | ||||||
| 24 | Board regulations.
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| 25 | (f) Beginning July 1, 1992, conduct any potentially | ||||||
| 26 | infectious medical
waste transportation operation:
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| 1 | (1) Without a permit issued by the Agency to | ||||||
| 2 | transport potentially
infectious medical waste. No | ||||||
| 3 | permit is required under this provision (f)(1)
for:
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| 4 | (A) a person transporting potentially | ||||||
| 5 | infectious medical waste
generated solely by that | ||||||
| 6 | person's activities;
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| 7 | (B) noncommercial transportation of less than | ||||||
| 8 | 50 pounds of potentially
infectious medical waste | ||||||
| 9 | at any one
time; or
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| 10 | (C) the U.S. Postal Service.
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| 11 | (2) In violation of any condition of any permit | ||||||
| 12 | issued by the Agency
under this Act.
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| 13 | (3) In violation of any regulation adopted by the | ||||||
| 14 | Board.
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| 15 | (4) In violation of any order adopted by the Board | ||||||
| 16 | under this Act.
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| 17 | (g) Beginning July 1, 1992, conduct any potentially | ||||||
| 18 | infectious medical
waste treatment, storage, or transfer | ||||||
| 19 | operation:
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| 20 | (1) without a permit issued by the Agency that | ||||||
| 21 | specifically
authorizes the treatment, storage, or | ||||||
| 22 | transfer of potentially infectious
medical waste. No | ||||||
| 23 | permit is required under this subsection (g) or | ||||||
| 24 | subsection (d)(1) of Section 21 for any:
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| 25 | (A) Person conducting a potentially infectious | ||||||
| 26 | medical waste
treatment, storage, or transfer | ||||||
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| 1 | operation for potentially infectious
medical waste | ||||||
| 2 | generated by the person's own activities that are | ||||||
| 3 | treated,
stored, or transferred within the site | ||||||
| 4 | where the potentially infectious
medical waste is | ||||||
| 5 | generated.
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| 6 | (B) Hospital that treats, stores, or transfers | ||||||
| 7 | only potentially
infectious medical waste | ||||||
| 8 | generated by its own activities or by members of | ||||||
| 9 | its
medical staff.
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| 10 | (C) Sharps collection station that is operated | ||||||
| 11 | in accordance with
Section 56.7.
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| 12 | (2) in violation of any condition of any permit | ||||||
| 13 | issued by the Agency
under this Act.
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| 14 | (3) in violation of any regulation adopted by the | ||||||
| 15 | Board.
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| 16 | (4) In violation of any order adopted by the Board | ||||||
| 17 | under this Act.
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| 18 | (h) Transport potentially infectious medical waste | ||||||
| 19 | unless the
transporter carries a completed potentially | ||||||
| 20 | infectious medical waste
manifest. No manifest is required | ||||||
| 21 | for the transportation of:
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| 22 | (1) potentially infectious medical waste being | ||||||
| 23 | transported by
generators who generated the waste by | ||||||
| 24 | their own activities, when the
potentially infectious | ||||||
| 25 | medical waste is transported within or between sites
or | ||||||
| 26 | facilities owned, controlled, or operated by that | ||||||
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| 1 | person;
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| 2 | (2) less than 50 pounds of potentially infectious | ||||||
| 3 | medical waste at
any one time for a noncommercial
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| 4 | transportation activity; or
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| 5 | (3) potentially infectious medical waste by the | ||||||
| 6 | U.S. Postal Service.
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| 7 | (i) Offer for transportation, transport, deliver, | ||||||
| 8 | receive or accept
potentially infectious medical waste for | ||||||
| 9 | which a manifest is required,
unless the manifest indicates | ||||||
| 10 | that the fee required under Section 56.4 of
this Act has | ||||||
| 11 | been paid.
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| 12 | (j) Beginning January 1, 1994, conduct a potentially | ||||||
| 13 | infectious medical
waste treatment operation at an | ||||||
| 14 | incinerator in existence on the effective
date of this | ||||||
| 15 | Title in violation of emission standards established
for | ||||||
| 16 | these incinerators under Section 129 of the Clean Air Act | ||||||
| 17 | (42 USC 7429),
as amended.
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| 18 | (k) Beginning July 1, 2015, knowingly mix household | ||||||
| 19 | sharps, including, but not limited to, hypodermic, | ||||||
| 20 | intravenous, or other medical needles or syringes or other | ||||||
| 21 | medical household waste containing used or unused sharps, | ||||||
| 22 | including, but not limited to, hypodermic, intravenous, or | ||||||
| 23 | other medical needles or syringes or other sharps, with any | ||||||
| 24 | other material intended for collection as a recyclable | ||||||
| 25 | material by a residential hauler. | ||||||
| 26 | (l) Beginning on July 1, 2015, knowingly place | ||||||
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| 1 | household sharps into a container intended for collection | ||||||
| 2 | by a residential hauler for processing at a recycling | ||||||
| 3 | center. | ||||||
| 4 | (B) In making its orders and determinations relative to
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| 5 | penalties, if any, to be imposed for violating subdivision | ||||||
| 6 | (A)(a) of
this Section, the Board, in addition to the
factors | ||||||
| 7 | in Sections 33(c) and 42(h) of this Act, or the Court shall | ||||||
| 8 | take into
consideration whether the owner or operator of the | ||||||
| 9 | landfill reasonably relied
on written statements from the | ||||||
| 10 | person generating or treating the waste that
the waste is not | ||||||
| 11 | potentially infectious medical waste.
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| 12 | (C) Tissue Notwithstanding subsection (A) or any other | ||||||
| 13 | provision of law, including the Vital Records Act, tissue and | ||||||
| 14 | products from an abortion, as defined in Section 1-10 of the | ||||||
| 15 | Reproductive Health Act, or a miscarriage shall may be buried, | ||||||
| 16 | entombed, or cremated. | ||||||
| 17 | (Source: P.A. 101-13, eff. 6-12-19.)
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