Current through Public Act 103-1052
Section 410 ILCS 720/55 - Manufacturer drug take-back program funding(a) A covered manufacturer or group of covered manufacturers must pay all administrative and operational costs associated with establishing and implementing the drug take-back program in which it participates. Such administrative and operational costs include, but are not limited to: (1) collection and transportation supplies for each collection site;(2) purchase of collection receptacles for each collection site;(3) ongoing maintenance or replacement of collection receptacles when requested by authorized collectors;(4) costs related to prepaid, preaddressed mail;(5) compensation of authorized collectors, if applicable;(6) operation of periodic collection events, including, but not limited to, the cost of law enforcement staff time;(7) transportation of all collected covered drugs to final disposal;(8) proper disposal of all collected covered drugs in compliance with State and federal laws, rules, and regulations; and(9) program promotion and outreach.(b) A manufacturer program operator shall allocate to covered manufacturers participating in the drug take-back program the administration and operational costs of the programs. The method of cost allocation shall be included in the drug take-back program proposal required under Section 35.(c) A manufacturer program operator, covered manufacturer, authorized collector, or other person may not charge: (1) a specific point-of-sale fee to consumers to recoup the costs of a drug take-back program;(2) a specific point-of-collection fee at the time covered drugs are collected from a person; or(3) an increase in the cost of covered drugs to recoup the costs of a drug take-back program.(d) A manufacturer program operator or covered manufacturer shall not charge any fee to an authorized collector or authorized collection site.(e) The funding requirements in this Section shall not apply to a pharmacy location that is part of an existing contractual agreement entered into prior to the effective date of this Act between a pharmacy and a covered manufacturer to fund in part or whole the collection, transportation, or disposal of a covered drug so long as that contractual arrangement continues.Added by P.A. 102-1055,§ 55, eff. 6/10/2022.