Public Act 93-0626

HB0648 Enrolled                      LRB093 07281 BDD 07440 b

    AN ACT in relation to animals.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Humane Euthanasia in Animal Shelters Act
is amended by changing Sections 35, 55, and 57 as follows:

    (510 ILCS 72/35)
    Sec. 35.  Technician certification; duties.
    (a)  An  applicant  for  certification  as  a  euthanasia
technician shall file an application with the Department  and
shall:
         (1)  Be 18 years of age.
         (2)  Be  of  good  moral  character.  In determining
    moral character under this Section,  the  Department  may
    take into consideration whether the applicant has engaged
    in  conduct  or  activities that would constitute grounds
    for discipline under this Act.
         (3)  Each   applicant   for   certification   as   a
    euthanasia technician shall have his or her  fingerprints
    submitted  to  the  Department  of  State  Police  in  an
    electronic  format that complies with the form and manner
    for requesting and  furnishing  criminal  history  record
    information  as  prescribed  by  the  Department of State
    Police.  These fingerprints shall be checked against  the
    Department   of   State  Police  and  Federal  Bureau  of
    Investigation criminal history record databases  now  and
    hereafter  filed.   The  Department of State Police shall
    charge applicants  a  fee  for  conducting  the  criminal
    history  records  check,  which shall be deposited in the
    State Police Services  Fund  and  shall  not  exceed  the
    actual  cost  of  the  records  check.  The Department of
    State  Police  shall  furnish,   pursuant   to   positive
    identification,  records  of  Illinois convictions to the
    Department. Submit fingerprints  to  the  Illinois  State
    Police  or  its  designated  vendor as set forth by rule.
    These fingerprints shall be checked against the  Illinois
    State Police and Federal Bureau of Investigation criminal
    history  record  databases.   A  separate  fee  shall  be
    charged  to  the  applicant  for  fingerprinting, payable
    either to the Department or the Illinois State Police  or
    its designated vendor.
         (4)  Hold  a  current  license or certification from
    the American  Humane  Association,  the  National  Animal
    Control  Association,  the  Illinois Federation of Humane
    Societies, or the Humane Society  of  the  United  States
    issued within 3 years preceding the date of application.
    For  a  period  of  12 months after the adoption of final
administrative rules for this Act, the Department may issue a
certification  to  an  applicant  who  holds  a  license   or
certification  from  the  American  Humane  Association,  the
National  Animal Control Association, the Illinois Federation
of Humane Societies, or the  Humane  Society  of  the  United
States issued after January 1, 1997.
         (5)  Pay the required fee.
    (b)  The  duties of a euthanasia technician shall include
but are not limited to:
         (1)  preparing animals for euthanasia  and  scanning
    each animal, prior to euthanasia, for microchips;
         (2)  accurately  recording  the dosages administered
    and the amount of drugs wasted;
         (3)  ordering supplies;
         (4)  maintaining  the  security  of  all  controlled
    substances and drugs;
         (5)  humanely euthanizing  animals  via  intravenous
    injection by hypodermic needle, intraperitoneal injection
    by  hypodermic  needle, solutions or powder added to food
    or by mouth,  intracardiac  injection  only  on  comatose
    animals  by  hypodermic  needle,  or carbon monoxide in a
    commercially manufactured chamber; and
         (6)  properly disposing of euthanized animals  after
    verification of death.
    (c)  A  euthanasia  technician  employed  by a euthanasia
agency may perform euthanasia  by  the  administration  of  a
Schedule II or Schedule III nonnarcotic controlled substance.
A euthanasia technician may not personally possess, order, or
administer  a  controlled substance except as an agent of the
euthanasia agency.
    (d)  Upon  termination  from  a  euthanasia   agency,   a
euthanasia  technician  shall  not  perform animal euthanasia
until he or she is employed by another  certified  euthanasia
agency.
    (e)  A  certified  euthanasia technician or an instructor
in an approved course does not  engage  in  the  practice  of
veterinary  medicine when performing duties set forth in this
Act.
(Source: P.A. 92-449, eff. 1-1-02.)

    (510 ILCS 72/55)
    Sec. 55.  Endorsement.  An applicant, who is a euthanasia
technician registered or licensed under the laws  of  another
state or territory of the United States that has requirements
that  are  substantially  similar to the requirements of this
Act, may be granted certification as a euthanasia  technician
in   this   State   without   examination,   upon  presenting
satisfactory proof to the Department that the  applicant  has
been  engaged  in  the practice of euthanasia for a period of
not less than one year and upon payment of the required  fee.
In  addition, an applicant shall have his or her fingerprints
submitted to the Department of State Police for purposes of a
criminal history records check pursuant to clause  (a)(3)  of
Section 35.
(Source: P.A. 92-449, eff. 1-1-02.)

    (510 ILCS 72/57)
    Sec. 57.  Procedures for euthanasia.
    (a)  Only  euthanasia  drugs  and commercially compressed
carbon monoxide, subject to  the  limitations  imposed  under
subsection (b) of this Section, shall be used for the purpose
of  humanely euthanizing injured, sick, homeless, or unwanted
companion animals in an animal shelter or an  animal  control
facility licensed under the Illinois Animal Welfare Act.
    (b)  Commercially  compressed carbon monoxide may be used
as a permitted method  of  euthanasia  provided  that  it  is
performed  in a commercially manufactured chamber pursuant to
the guidelines set forth in the most  recent  report  of  the
AVMA  Panel  on  Euthanasia.  A  chamber  that is designed to
euthanize more than one animal at a  time  must  be  equipped
with  independent  sections or cages to separate incompatible
animals. The interior of the chamber must  be  well  lit  and
equipped  with  view-ports,  a  regulator,  and a flow meter.
Monitoring equipment must be used at  all  times  during  the
operation.   Animals  that  are  under  4 months of age, old,
injured, or sick may not be euthanized  by  carbon  monoxide.
Animals  shall  remain  in  the  chamber and be exposed for a
minimum of 20 minutes. Staff members shall be fully  notified
of potential health risks.
    (c)  Animals cannot be transported beyond State lines for
the  sole purpose of euthanasia unless the euthanasia methods
comply with subsection (a) or (b) of  this  Section  and  the
euthanasia is performed by a certified euthanasia technician.
(Source: P.A. 92-449, eff. 1-1-02.)

    (510 ILCS 72/50 rep.)
    Section 10.  The Humane Euthanasia in Animal Shelters Act
is amended by repealing Section 50.

    Section  15.   The  Illinois Controlled Substances Act is
amended by changing Sections 102, 302, 303, 303.05, 304,  and
306 as follows:

    (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
    Sec.  102.  Definitions.  As used in this Act, unless the
context otherwise requires:
    (a)  "Addict" means any person who  habitually  uses  any
drug,  chemical,  substance  or  dangerous  drug  other  than
alcohol  so  as to endanger the public morals, health, safety
or welfare or who  is  so  far  addicted  to  the  use  of  a
dangerous  drug or controlled substance other than alcohol as
to have lost the power of self control with reference to  his
addiction.
    (b)  "Administer"  means  the  direct  application  of  a
controlled   substance,  whether  by  injection,  inhalation,
ingestion, or any other means, to the body of a  patient,  or
research  subject,  or  animal  (as  defined  by  the  Humane
Euthanasia in Animal Shelters Act) by:
         (1)  a  practitioner  (or,  in  his presence, by his
    authorized agent), or
         (2)  the patient or research subject at  the  lawful
    direction of the practitioner, or.
         (3)  a  euthanasia  technician  as  defined  by  the
    Humane Euthanasia in Animal Shelters Act.
    (c)  "Agent"  means  an  authorized  person  who  acts on
behalf of or at the direction of a manufacturer, distributor,
or dispenser.  It does  not  include  a  common  or  contract
carrier,  public  warehouseman  or employee of the carrier or
warehouseman.
    (c-1)  "Anabolic Steroids" means  any  drug  or  hormonal
substance,   chemically   and  pharmacologically  related  to
testosterone   (other   than   estrogens,   progestins,   and
corticosteroids) that promotes muscle growth, and includes:
              (i)  boldenone,
              (ii)  chlorotestosterone,
              (iii)  chostebol,
              (iv)  dehydrochlormethyltestosterone,
              (v)  dihydrotestosterone,
              (vi)  drostanolone,
              (vii)  ethylestrenol,
              (viii)  fluoxymesterone,
              (ix)  formebulone,
              (x)  mesterolone,
              (xi)  methandienone,
              (xii)  methandranone,
              (xiii)  methandriol,
              (xiv)  methandrostenolone,
              (xv)  methenolone,
              (xvi)  methyltestosterone,
              (xvii)  mibolerone,
              (xviii)  nandrolone,
              (xix)  norethandrolone,
              (xx)  oxandrolone,
              (xxi)  oxymesterone,
              (xxii)  oxymetholone,
              (xxiii)  stanolone,
              (xxiv)  stanozolol,
              (xxv)  testolactone,
              (xxvi)  testosterone,
              (xxvii)  trenbolone, and
              (xxviii)  any salt, ester, or isomer of a  drug
         or  substance described or listed in this paragraph,
         if that  salt,  ester,  or  isomer  promotes  muscle
         growth.
    Any  person who is otherwise lawfully in possession of an
anabolic steroid, or  who  otherwise  lawfully  manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver  an  anabolic  steroid,  which  anabolic  steroid  is
expressly   intended   for   and   lawfully   allowed  to  be
administered through implants to livestock or other  nonhuman
species, and which is approved by the Secretary of Health and
Human  Services for such administration, and which the person
intends to  administer  or  have  administered  through  such
implants,  shall  not  be  considered  to  be in unauthorized
possession  or   to   unlawfully   manufacture,   distribute,
dispense,  deliver,  or  possess  with intent to deliver such
anabolic steroid for purposes of this Act.
    (d)  "Administration"   means   the   Drug    Enforcement
Administration,  United  States Department of Justice, or its
successor agency.
    (e)  "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule under Article II  of  this
Act whether by transfer from another Schedule or otherwise.
    (f)  "Controlled  Substance"  means a drug, substance, or
immediate precursor in the Schedules of Article  II  of  this
Act.
    (g)  "Counterfeit    substance"    means   a   controlled
substance, which, or the  container  or  labeling  of  which,
without  authorization  bears  the  trademark, trade name, or
other identifying mark, imprint, number  or  device,  or  any
likeness   thereof,   of   a  manufacturer,  distributor,  or
dispenser other than the person  who  in  fact  manufactured,
distributed, or dispensed the substance.
    (h)  "Deliver"    or   "delivery"   means   the   actual,
constructive  or  attempted  transfer  of  possession  of   a
controlled  substance, with or without consideration, whether
or not there is an agency relationship.
    (i)  "Department" means the Illinois Department of  Human
Services  (as  successor  to the Department of Alcoholism and
Substance Abuse) or its successor agency.
    (j)  "Department of State Police" means the Department of
State Police of  the  State  of  Illinois  or  its  successor
agency.
    (k)  "Department  of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
    (l)  "Department of Professional  Regulation"  means  the
Department   of  Professional  Regulation  of  the  State  of
Illinois or its successor agency.
    (m)  "Depressant" or "stimulant substance" means:
         (1)  a drug  which  contains  any  quantity  of  (i)
    barbituric  acid  or  any of the salts of barbituric acid
    which has been designated as habit forming under  section
    502  (d)  of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 352 (d)); or
         (2)  a drug  which  contains  any  quantity  of  (i)
    amphetamine  or  methamphetamine and any of their optical
    isomers; (ii) any salt of amphetamine or  methamphetamine
    or any salt of an optical isomer of amphetamine; or (iii)
    any  substance which the Department, after investigation,
    has found to be, and by rule designated as, habit forming
    because of its depressant  or  stimulant  effect  on  the
    central nervous system; or
         (3)  lysergic acid diethylamide; or
         (4)  any  drug  which  contains  any  quantity  of a
    substance which the Department, after investigation,  has
    found  to  have,  and  by  rule  designated  as having, a
    potential  for  abuse  because  of  its   depressant   or
    stimulant  effect  on  the  central nervous system or its
    hallucinogenic effect.
    (n)  (Blank).
    (o)  "Director" means the Director of the  Department  of
State  Police or the Department of Professional Regulation or
his designated agents.
    (p)  "Dispense" means to deliver a  controlled  substance
to an ultimate user or research subject by or pursuant to the
lawful  order  of  a  prescriber,  including the prescribing,
administering, packaging, labeling, or compounding  necessary
to prepare the substance for that delivery.
    (q)  "Dispenser" means a practitioner who dispenses.
    (r)  "Distribute"   means   to  deliver,  other  than  by
administering or dispensing, a controlled substance.
    (s)  "Distributor" means a person who distributes.
    (t)  "Drug" means (1) substances recognized as  drugs  in
the    official   United   States   Pharmacopoeia,   Official
Homeopathic Pharmacopoeia of the United States,  or  official
National  Formulary,  or  any  supplement to any of them; (2)
substances intended for use in diagnosis,  cure,  mitigation,
treatment,  or  prevention  of disease in man or animals; (3)
substances (other than food) intended to affect the structure
of any function of  the  body  of  man  or  animals  and  (4)
substances  intended  for  use  as a component of any article
specified in clause (1), (2), or (3) of this subsection.   It
does  not  include  devices  or  their  components, parts, or
accessories.
    (t-5)  "Euthanasia agency" means an entity  certified  by
the  Department of Professional Regulation for the purpose of
animal euthanasia  that  holds  an  animal  control  facility
license  or  animal  shelter license under the Animal Welfare
Act.  A euthanasia agency is authorized to  purchase,  store,
possess, and utilize Schedule II nonnarcotic and Schedule III
nonnarcotic drugs for the sole purpose of animal euthanasia.
    (t-10)  "Euthanasia  drugs" means Schedule II or Schedule
III substances (nonnarcotic controlled substances)  that  are
used  by  a  euthanasia  agency  for  the  purpose  of animal
euthanasia.
    (u)  "Good faith" means the prescribing or dispensing  of
a  controlled  substance  by  a  practitioner  in the regular
course of professional treatment to or for any person who  is
under  his  treatment for a pathology or condition other than
that individual's physical or psychological  dependence  upon
or  addiction  to  a controlled substance, except as provided
herein:  and application of the term to  a  pharmacist  shall
mean the dispensing of a controlled substance pursuant to the
prescriber's  order which in the professional judgment of the
pharmacist is lawful.  The  pharmacist  shall  be  guided  by
accepted professional standards including, but not limited to
the following, in making the judgment:
         (1)  lack    of    consistency   of   doctor-patient
    relationship,
         (2)  frequency of prescriptions for same drug by one
    prescriber for large numbers of patients,
         (3)  quantities beyond those normally prescribed,
         (4)  unusual dosages,
         (5)  unusual geographic distances  between  patient,
    pharmacist and prescriber,
         (6)  consistent prescribing of habit-forming drugs.
    (u-1)  "Home  infusion  services" means services provided
by  a  pharmacy   in   compounding   solutions   for   direct
administration to a patient in a private residence, long-term
care  facility,  or  hospice  setting by means of parenteral,
intravenous,  intramuscular,  subcutaneous,  or   intraspinal
infusion.
    (v)  "Immediate precursor" means a substance:
         (1)  which  the  Department  has  found to be and by
    rule designated as being a principal  compound  used,  or
    produced  primarily  for  use,  in  the  manufacture of a
    controlled substance;
         (2)  which is  an  immediate  chemical  intermediary
    used  or  likely  to  be  used in the manufacture of such
    controlled substance; and
         (3)  the control of which is necessary  to  prevent,
    curtail  or  limit  the  manufacture  of  such controlled
    substance.
    (w)  "Instructional  activities"  means   the   acts   of
teaching,  educating  or  instructing  by practitioners using
controlled substances within educational facilities  approved
by the State Board of Education or its successor agency.
    (x)  "Local  authorities"  means  a duly organized State,
County or Municipal peace unit or police force.
    (y)  "Look-alike substance" means a substance, other than
a controlled substance  which  (1)  by  overall  dosage  unit
appearance,  including  shape,  color, size, markings or lack
thereof,  taste,  consistency,  or  any   other   identifying
physical  characteristic  of  the  substance,  would  lead  a
reasonable   person  to  believe  that  the  substance  is  a
controlled  substance,  or  (2)  is  expressly  or  impliedly
represented to be a controlled substance  or  is  distributed
under  circumstances  which would lead a reasonable person to
believe that the substance is a controlled substance. For the
purpose of determining whether the  representations  made  or
the circumstances of the distribution would lead a reasonable
person  to believe the substance to be a controlled substance
under this clause (2) of subsection (y), the court  or  other
authority  may  consider the following factors in addition to
any other factor that may be relevant:
         (a)  statements made  by  the  owner  or  person  in
    control  of  the  substance concerning its nature, use or
    effect;
         (b)  statements made to the buyer or recipient  that
    the substance may be resold for profit;
         (c)  whether  the  substance is packaged in a manner
    normally used for the illegal distribution of  controlled
    substances;
         (d)  whether    the    distribution   or   attempted
    distribution included an exchange of or demand for  money
    or  other  property  as  consideration,  and  whether the
    amount of the  consideration  was  substantially  greater
    than the reasonable retail market value of the substance.
    Clause  (1)  of  this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that  was
initially  introduced  into  commerce  prior  to  the initial
introduction into commerce of a controlled substance  in  its
finished dosage form which it may substantially resemble.
    Nothing  in  this subsection (y) prohibits the dispensing
or  distributing  of  noncontrolled  substances  by   persons
authorized  to  dispense and distribute controlled substances
under this Act, provided that such action would be deemed  to
be  carried  out  in  good  faith under subsection (u) if the
substances involved were controlled substances.
    Nothing in this subsection (y) or in this  Act  prohibits
the   manufacture,   preparation,  propagation,  compounding,
processing, packaging, advertising or distribution of a  drug
or  drugs by any person registered pursuant to Section 510 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
    (y-1)  "Mail-order pharmacy" means  a  pharmacy  that  is
located in a state of the United States, other than Illinois,
that  delivers,  dispenses or distributes, through the United
States Postal Service or other common  carrier,  to  Illinois
residents, any substance which requires a prescription.
    (z)  "Manufacture"  means  the  production,  preparation,
propagation,  compounding,  conversion  or  processing  of  a
controlled  substance,  either  directly  or  indirectly,  by
extraction    from   substances   of   natural   origin,   or
independently  by  means  of  chemical  synthesis,  or  by  a
combination  of  extraction  and  chemical   synthesis,   and
includes  any  packaging  or  repackaging of the substance or
labeling of its container, except that  this  term  does  not
include:
         (1)  by   an   ultimate  user,  the  preparation  or
    compounding of a controlled substance for his own use; or
         (2)  by a  practitioner,  or  his  authorized  agent
    under  his  supervision,  the  preparation,  compounding,
    packaging, or labeling of a controlled substance:
              (a)  as  an  incident  to  his administering or
         dispensing of a controlled substance in  the  course
         of his professional practice; or
              (b)  as   an   incident   to  lawful  research,
         teaching or chemical analysis and not for sale.
    (z-1)  "Methamphetamine manufacturing chemical" means any
of the following chemicals or substances  containing  any  of
the  following  chemicals:  benzyl  methyl ketone, ephedrine,
methyl  benzyl  ketone,  phenylacetone,   phenyl-2-propanone,
pseudoephedrine,  or  red  phosphorous  or  any of the salts,
optical  isomers,  or  salts  of  optical  isomers   of   the
above-listed chemicals.
    (aa)  "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of  natural  origin,  or  independently  by means of chemical
synthesis, or by a combination  of  extraction  and  chemical
synthesis:
         (1)  opium  and  opiate,  and  any  salt,  compound,
    derivative, or preparation of opium or opiate;
         (2)  any  salt,  compound,  isomer,  derivative,  or
    preparation  thereof  which  is  chemically equivalent or
    identical with any  of  the  substances  referred  to  in
    clause  (1), but not including the isoquinoline alkaloids
    of opium;
         (3)  opium poppy and poppy straw;
         (4)  coca leaves and any  salts,  compound,  isomer,
    salt  of  an  isomer,  derivative, or preparation of coca
    leaves including  cocaine  or  ecgonine,  and  any  salt,
    compound,  isomer,  derivative,  or  preparation  thereof
    which  is  chemically equivalent or identical with any of
    these substances, but  not  including  decocainized  coca
    leaves or extractions of coca leaves which do not contain
    cocaine  or  ecgonine (for the purpose of this paragraph,
    the  term  "isomer"  includes  optical,  positional   and
    geometric isomers).
    (bb)  "Nurse" means a registered nurse licensed under the
Nursing and Advanced Practice Nursing Act.
    (cc)  (Blank).
    (dd)  "Opiate"  means  any  substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug  having  addiction
forming or addiction sustaining liability.
    (ee)  "Opium  poppy"  means  the  plant  of  the  species
Papaver somniferum L., except its seeds.
    (ff)  "Parole  and  Pardon  Board"  means  the Parole and
Pardon Board of  the  State  of  Illinois  or  its  successor
agency.
    (gg)  "Person"   means   any   individual,   corporation,
mail-order  pharmacy,  government or governmental subdivision
or agency, business  trust,  estate,  trust,  partnership  or
association, or any other entity.
    (hh)  "Pharmacist"   means   any   person   who  holds  a
certificate of registration as  a  registered  pharmacist,  a
local   registered   pharmacist  or  a  registered  assistant
pharmacist under the Pharmacy Practice Act of 1987.
    (ii)  "Pharmacy" means any store, ship or other place  in
which  pharmacy  is  authorized  to  be  practiced  under the
Pharmacy Practice Act of 1987.
    (jj)  "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
    (kk)  "Practitioner"  means  a  physician   licensed   to
practice  medicine  in all its branches, dentist, podiatrist,
veterinarian, scientific investigator, pharmacist,  physician
assistant, advanced practice nurse, licensed practical nurse,

registered nurse, hospital, laboratory, or pharmacy, or other
person  licensed, registered, or otherwise lawfully permitted
by the United States or this State to  distribute,  dispense,
conduct  research  with  respect  to,  administer  or  use in
teaching or chemical analysis, a controlled substance in  the
course of professional practice or research.
    (ll)  "Pre-printed    prescription"   means   a   written
prescription  upon  which  the  designated  drug   has   been
indicated prior to the time of issuance.
    (mm)  "Prescriber" means a physician licensed to practice
medicine   in   all  its  branches,  dentist,  podiatrist  or
veterinarian who issues a prescription, a physician assistant
who issues a prescription  for  a  Schedule  III,  IV,  or  V
controlled  substance  in  accordance with Section 303.05 and
the written guidelines required  under  Section  7.5  of  the
Physician  Assistant  Practice  Act  of  1987, or an advanced
practice nurse with prescriptive authority in accordance with
Section 303.05 and a written  collaborative  agreement  under
Sections 15-15 and 15-20 of the Nursing and Advanced Practice
Nursing Act.
    (nn)  "Prescription"  means  a lawful written, facsimile,
or verbal order of a physician licensed to practice  medicine
in  all its branches, dentist, podiatrist or veterinarian for
any controlled substance, of  a  physician  assistant  for  a
Schedule  III,  IV,  or  V controlled substance in accordance
with Section 303.05 and the written guidelines required under
Section 7.5 of the Physician Assistant Practice Act of  1987,
or  of  an  advanced practice nurse who issues a prescription
for  a  Schedule  III,  IV,  or  V  controlled  substance  in
accordance with Section 303.05 and  a  written  collaborative
agreement  under  Sections 15-15 and 15-20 of the Nursing and
Advanced Practice Nursing Act.
    (oo)  "Production"  or   "produce"   means   manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance.
    (pp)  "Registrant"  means every person who is required to
register under Section 302 of this Act.
    (qq)  "Registry number" means the number assigned to each
person authorized to handle controlled substances  under  the
laws of the United States and of this State.
    (rr)  "State"  includes  the  State  of  Illinois and any
state, district, commonwealth, territory, insular  possession
thereof,  and  any area subject to the legal authority of the
United States of America.
    (ss)  "Ultimate  user"  means  a  person   who   lawfully
possesses  a  controlled substance for his own use or for the
use of a member of his household or for administering  to  an
animal owned by him or by a member of his household.
(Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03.)

    (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
    Sec. 302. (a) Every person who manufactures, distributes,
or   dispenses  any  controlled  substances,  or  engages  in
chemical analysis, and instructional activities which utilize
controlled  substances,  or   who   purchases,   stores,   or
administers  euthanasia  drugs,  within  this  State  or  who
proposes  to  engage  in  the  manufacture,  distribution, or
dispensing of any  controlled  substance,  or  to  engage  in
chemical analysis, and instructional activities which utilize
controlled  substances,  or to engage in purchasing, storing,
or administering euthanasia drugs, within  this  State,  must
obtain   a   registration   issued   by   the  Department  of
Professional Regulation in accordance with  its  rules.   The
rules  shall  include,  but  not  be  limited to, setting the
expiration date and  renewal  period  for  each  registration
under  this  Act. The Department, and any facility or service
licensed  by  the  Department,  shall  be  exempt  from   the
regulation requirements of this Section.
    (b)  Persons registered by the Department of Professional
Regulation  under  this  Act  to  manufacture, distribute, or
dispense  controlled  substances,  or  purchase,  store,   or
administer   euthanasia   drugs,  may  possess,  manufacture,
distribute, or dispense those substances, or purchase, store,
or administer euthanasia drugs, to the extent  authorized  by
their   registration   and   in  conformity  with  the  other
provisions of this Article.
    (c)  The following persons  need  not  register  and  may
lawfully possess controlled substances under this Act:
         (1)  an   agent   or   employee  of  any  registered
    manufacturer, distributor, or dispenser of any controlled
    substance if he is acting in  the  usual  course  of  his
    employer's lawful business or employment;
         (2)  a  common  or contract carrier or warehouseman,
    or an agent or employee thereof, whose possession of  any
    controlled  substance  is  in  the usual lawful course of
    such business or employment;
         (3)  an ultimate user or a person in  possession  of
    any   controlled   substance   pursuant   to   a   lawful
    prescription of a practitioner or in lawful possession of
    a Schedule V substance;
         (4)  officers  and employees of this State or of the
    United States while acting in the lawful course of  their
    official  duties  which requires possession of controlled
    substances;
         (5)  a registered pharmacist who is employed in,  or
    the  owner of, a pharmacy licensed under this Act and the
    Federal  Controlled  Substances  Act,  at  the   licensed
    location,  or  if he is acting in the usual course of his
    lawful profession, business, or employment.
    (d)  A separate registration is required at each place of
business  or  professional  practice  where   the   applicant
manufactures,    distributes,    or    dispenses   controlled
substances, or purchases, stores, or  administers  euthanasia
drugs. Persons are required to obtain a separate registration
for  each  place  of  business or professional practice where
controlled substances are  located  or  stored.   A  separate
registration  is  not  required for every location at which a
controlled substance may be prescribed.
    (e)  The Department of  Professional  Regulation  or  the
Department   of  State  Police  may  inspect  the  controlled
premises, as defined  in  Section  502  of  this  Act,  of  a
registrant  or  applicant for registration in accordance with
this Act and the rules promulgated hereunder and with  regard
to  persons  licensed  by  the Department, in accordance with
subsection (bb) of Section 30-5 of the Alcoholism  and  Other
Drug  Abuse  and Dependency Act and the rules and regulations
promulgated thereunder.
(Source: P.A. 87-711; 88-670, eff. 12-2-94.)

    (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
    Sec. 303.  (a) The Department of Professional  Regulation
shall  license  an  applicant  to  manufacture, distribute or
dispense controlled substances included in Sections 204, 206,
208,  210  and  212  of  this  Act  or  purchase,  store,  or
administer euthanasia drugs unless  it  determines  that  the
issuance  of  that  license  would  be  inconsistent with the
public interest.  In determining  the  public  interest,  the
Department  of  Professional  Regulation  shall  consider the
following:
         (1)  maintenance  of  effective   controls   against
    diversion of controlled substances into other than lawful
    medical, scientific, or industrial channels;
         (2)  compliance  with  applicable Federal, State and
    local law;
         (3)  any convictions of the applicant under any  law
    of  the  United  States  or  of any State relating to any
    controlled substance;
         (4)  past   experience   in   the   manufacture   or
    distribution of controlled substances, and the  existence
    in  the  applicant's  establishment of effective controls
    against diversion;
         (5)  furnishing  by  the  applicant  of   false   or
    fraudulent  material  in any application filed under this
    Act;
         (6)  suspension or  revocation  of  the  applicant's
    Federal   registration  to  manufacture,  distribute,  or
    dispense controlled substances, or  purchase,  store,  or
    administer  euthanasia  drugs,  as  authorized by Federal
    law;
         (7)  whether the applicant is suitably equipped with
    the facilities appropriate  to  carry  on  the  operation
    described in his application;
         (8)  whether   the   applicant   is  of  good  moral
    character  or,  if  the  applicant  is   a   partnership,
    association,  corporation  or other organization, whether
    the partners, directors, governing committee and managing
    officers are of good moral character;
         (9)  any other factors relevant  to  and  consistent
    with the public health and safety; and
         (10)  Evidence  from court, medical disciplinary and
    pharmacy  board records and those of  State  and  Federal
    investigatory  bodies  that the applicant has not or does
    not prescribe controlled substances within the provisions
    of this Act.
    (b)  No license shall be granted to or  renewed  for  any
person  who  has  within  5  years been convicted of a wilful
violation of any law of the United States or any law  of  any
State  relating  to controlled substances, or who is found to
be deficient in any of the matters enumerated in  subsections
(a)(1) through (a)(8).
    (c)  Licensure  under  subsection  (a) does not entitle a
registrant to manufacture, distribute or dispense  controlled
substances in Schedules I or II other than those specified in
the registration.
    (d)  Practitioners  who  are  licensed  to  dispense  any
controlled   substances   in   Schedules  II  through  V  are
authorized   to   conduct   instructional   activities   with
controlled substances in Schedules II through V under the law
of this State.
    (e)  If an applicant for registration is registered under
the  Federal  law  to  manufacture,  distribute  or  dispense
controlled substances,  or  purchase,  store,  or  administer
euthanasia  drugs,  upon  filing  a completed application for
licensure  in  this  State  and  payment  of  all  fees   due
hereunder,  he  shall  be  licensed in this State to the same
extent as his Federal registration, unless,  within  30  days
after   completing   his   application  in  this  State,  the
Department of Professional Regulation notifies the  applicant
that  his  application  has not been granted.  A practitioner
who is in compliance with the Federal  law  with  respect  to
registration  to  dispense controlled substances in Schedules
II through V need only send a current copy  of  that  Federal
registration to the Department of Professional Regulation and
he  shall  be  deemed  in  compliance  with  the registration
provisions of this State.
    (e-5)  Beginning July 1, 2003, all of the fees and  fines
collected  under this Section 303 shall be deposited into the
Illinois State Pharmacy Disciplinary Fund.
    (f)  The  fee  for  registration  as  a  manufacturer  or
wholesale  distributor  of  controlled  substances  shall  be
$50.00 per year, except that the fee for  registration  as  a
manufacturer   or   wholesale   distributor   of   controlled
substances that may be dispensed without a prescription under
this  Act  shall be $15.00 per year.  The expiration date and
renewal period for each controlled substance  license  issued
under this Act shall be set by rule.
(Source: P.A. 93-32, eff. 7-1-03.)

    (720 ILCS 570/303.05)
    Sec. 303.05.  Mid-level practitioner registration.
    (a)  The  Department  of  Professional  Regulation  shall
register  licensed physician assistants and licensed advanced
practice nurses to prescribe and dispense Schedule  III,  IV,
or  V  controlled substances under Section 303 and euthanasia
agencies to purchase, store, or administer  euthanasia  drugs
under the following circumstances:
         (1)  with   respect   to   physician  assistants  or
    advanced practice nurses,
              (A)  the  physician   assistant   or   advanced
         practice   nurse  has  been  delegated  prescriptive
         authority  by  a  physician  licensed  to   practice
         medicine  in  all  its  branches  in accordance with
         Section 7.5 of the Physician Assistant Practice  Act
         of 1987 or Section 15-20 of the Nursing and Advanced
         Practice Nursing Act; and
              (B)  (2)  the  physician  assistant or advanced
         practice  nurse  has   completed   the   appropriate
         application  forms and has paid the required fees as
         set by rule; or.
         (2)  with  respect  to  euthanasia   agencies,   the
    euthanasia   agency  has  obtained  a  license  from  the
    Department of  Professional  Regulation  and  obtained  a
    registration number from the Department.
    (b)  The mid-level practitioner shall only be licensed to
prescribe  those schedules of controlled substances for which
a licensed physician has  delegated  prescriptive  authority,
except   that   a   euthanasia   agency  does  not  have  any
prescriptive authority.
    (c)  Upon completion of  all  registration  requirements,
physician  assistants,  and  advanced  practice  nurses,  and
euthanasia  agencies shall be issued a mid-level practitioner
controlled substances license for Illinois.
(Source: P.A. 90-818, eff. 3-23-99.)

    (720 ILCS 570/304) (from Ch. 56 1/2, par. 1304)
    Sec. 304.   (a)  A  registration  under  Section  303  to
manufacture,  distribute,  or dispense a controlled substance
or purchase, store, or administer  euthanasia  drugs  may  be
suspended  or  revoked  by  the  Department  of  Professional
Regulation upon a finding that the registrant:
    (1)  has  furnished  any  false  or  fraudulent  material
information in any application filed under this Act; or
    (2)  has  been convicted of a felony under any law of the
United  States  or  any  State  relating  to  any  controlled
substance; or
    (3)  has   had   suspended   or   revoked   his   Federal
registration  to   manufacture,   distribute,   or   dispense
controlled  substances  or  purchase,  store,  or  administer
euthanasia drugs; or
    (4)  has  been  convicted  of  bribery, perjury, or other
infamous crime under the laws of the United States or of  any
State; or
    (5)  has  violated any provision of this Act or any rules
promulgated hereunder, whether or not he has  been  convicted
of such violation; or
    (6)  has failed to provide effective controls against the
diversion  of  controlled substances in other than legitimate
medical, scientific or industrial channels.
    (b)  The Department of Professional Regulation may  limit
revocation  or suspension of a registration to the particular
controlled  substance  with  respect  to  which  grounds  for
revocation or suspension exist.
    (c)  The  Department  of  Professional  Regulation  shall
promptly notify the Administration, the  Department  and  the
Department  of  State  Police or their successor agencies, of
all orders denying, suspending or revoking registration,  all
forfeitures  of  controlled  substances,  and all final court
dispositions,  if  any,   of   such   denials,   suspensions,
revocations or forfeitures.
    (d)  If   Federal   registration  of  any  registrant  is
suspended, revoked, refused renewal or refused issuance, then
the Department  of  Professional  Regulation  shall  issue  a
notice  and  conduct a hearing in accordance with Section 305
of this Act.
(Source: P.A. 85-1209.)

    (720 ILCS 570/306) (from Ch. 56 1/2, par. 1306)
    Sec. 306.  Every practitioner and person who is  required
under this Act to be registered to manufacture, distribute or
dispense   controlled   substances  or  purchase,  store,  or
administer euthanasia drugs under this Act shall keep records
and   maintain   inventories   in   conformance   with    the
recordkeeping  and  inventory requirements of the laws of the
United States and with any additional rules and forms  issued
by the Department of Professional Regulation.
(Source: P.A. 89-202, eff. 10-1-95.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.