Public Act 099-0247
 
SB1062 EnrolledLRB099 08370 RLC 28522 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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, research, or and instructional activities
which utilize controlled substances; , or who purchases,
stores, or administers euthanasia drugs, within this State;
provides canine odor detection services; or who proposes to
engage in the manufacture, distribution, or dispensing of any
controlled substance; , proposes or to engage in chemical
analysis, research, or and instructional activities which
utilize controlled substances; , proposes or to engage in
purchasing, storing, or administering euthanasia drugs; or
proposes to provide canine odor detection services , within this
State, must obtain a registration issued by the Department of
Financial and 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, 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).
    (b) Persons registered by the Department of Financial and
Professional Regulation under this Act to manufacture,
distribute, or dispense controlled substances, engage in
chemical analysis, research, or instructional activities which
utilize controlled substances, or purchase, store, or
administer euthanasia drugs, or provide canine odor detection
services, may possess, manufacture, distribute, engage in
chemical analysis, research, or instructional activities which
utilize controlled substances, or dispense those substances,
or purchase, store, or administer euthanasia drugs, or provide
canine odor detection services 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 or she is acting in the usual course of his
    or her 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 or she is acting in the usual course of
    his or her lawful profession, business, or employment;
        (6) a holder of a temporary license issued under
    Section 17 of the Medical Practice Act of 1987 practicing
    within the scope of that license and in compliance with the
    rules adopted under this Act. In addition to possessing
    controlled substances, a temporary license holder may
    order, administer, and prescribe controlled substances
    when acting within the scope of his or her license and in
    compliance with the rules adopted under this Act.
    (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 Financial and Professional
Regulation or the Illinois 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. 96-219, eff. 8-10-09; 97-126, eff. 7-14-11;
97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.