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| Public Act 097-0126 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Controlled Substances Act is | ||||
amended by changing Section 302 as follows: | ||||
(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
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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
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include, but not be limited to, setting the expiration date and | ||||
renewal
period for each registration under this Act. The | ||||
Department,
any facility or service licensed by the Department, | ||||
and any veterinary hospital or clinic operated by a | ||||
veterinarian or veterinarians licensed under the Veterinary | ||||
Medicine and Surgery Practice Act of 2004 or maintained by a | ||
State-supported or publicly funded university or college shall | ||
be exempt
from the regulation requirements of this Section; | ||
however, such exemption shall not operate to bar the University | ||
of Illinois from requesting, nor the Department of Financial | ||
and Professional Regulation from issuing, a registration to the | ||
University of Illinois Veterinary Teaching Hospital under this | ||
Act. Neither a request for such registration nor the issuance | ||
of such registration to the University of Illinois shall | ||
operate to otherwise waive or modify the exemption provided in | ||
this subsection (a).
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(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.
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(c) The following persons need not register and may | ||
lawfully possess
controlled substances under this Act:
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(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;
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(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;
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(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;
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(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;
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(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
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lawful profession, business, or employment.
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(d) A separate registration is required at each place of
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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
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substances are located or stored. A separate registration is
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not required for every location at which a controlled substance
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may be prescribed.
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(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.
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(Source: P.A. 96-219, eff. 8-10-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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