Sen. Heather Steans
Filed: 4/22/2009
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1 | AMENDMENT TO HOUSE BILL 445
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2 | AMENDMENT NO. ______. Amend House Bill 445 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Controlled Substances Act is | ||||||
5 | amended by changing Sections 102, 201, 202, 205, 207, 209, 211, | ||||||
6 | 214, 301, 302, 303, 303.05, 303.1, 304, 305, 306, 309, 312, | ||||||
7 | 313, 318, 405, 405.1, 410, 501, 501.1, 505, and 507 as follows: | ||||||
8 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
9 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
10 | context
otherwise requires:
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11 | (a) "Addict" means any person who habitually uses any drug, | ||||||
12 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
13 | to endanger the public
morals, health, safety or welfare or who | ||||||
14 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
15 | substance other than alcohol as to have lost
the power of self | ||||||
16 | control with reference to his or her addiction.
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1 | (b) "Administer" means the direct application of a | ||||||
2 | controlled
substance, whether by injection, inhalation, | ||||||
3 | ingestion, or any other
means, to the body of a patient, | ||||||
4 | research subject, or animal (as
defined by the Humane | ||||||
5 | Euthanasia in Animal Shelters Act) by:
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6 | (1) a practitioner (or, in his or her presence, by his | ||||||
7 | or her authorized agent),
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8 | (2) the patient or research subject at the lawful | ||||||
9 | direction of the
practitioner, or
| ||||||
10 | (3) a euthanasia technician as defined by the Humane | ||||||
11 | Euthanasia in
Animal Shelters Act.
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12 | (c) "Agent" means an authorized person who acts on behalf | ||||||
13 | of or at
the direction of a manufacturer, distributor, or | ||||||
14 | dispenser. It does not
include a common or contract carrier, | ||||||
15 | public warehouseman or employee of
the carrier or warehouseman.
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16 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
17 | substance,
chemically and pharmacologically related to | ||||||
18 | testosterone (other than
estrogens, progestins, and | ||||||
19 | corticosteroids) that promotes muscle growth . ,
and includes:
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20 | (i) boldenone,
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21 | (ii) chlorotestosterone,
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22 | (iii) chostebol,
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23 | (iv) dehydrochlormethyltestosterone,
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24 | (v) dihydrotestosterone,
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25 | (vi) drostanolone,
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26 | (vii) ethylestrenol,
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1 | (viii) fluoxymesterone,
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2 | (ix) formebulone,
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3 | (x) mesterolone,
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4 | (xi) methandienone,
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5 | (xii) methandranone,
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6 | (xiii) methandriol,
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7 | (xiv) methandrostenolone,
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8 | (xv) methenolone,
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9 | (xvi) methyltestosterone,
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10 | (xvii) mibolerone,
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11 | (xviii) nandrolone,
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12 | (xix) norethandrolone,
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13 | (xx) oxandrolone,
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14 | (xxi) oxymesterone,
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15 | (xxii) oxymetholone,
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16 | (xxiii) stanolone,
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17 | (xxiv) stanozolol,
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18 | (xxv) testolactone,
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19 | (xxvi) testosterone,
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20 | (xxvii) trenbolone, and
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21 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
22 | substance described
or listed in this paragraph, if | ||||||
23 | that salt, ester, or isomer promotes muscle
growth.
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24 | Any person who is otherwise lawfully in possession of an | ||||||
25 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
26 | distributes, dispenses,
delivers, or possesses with intent to |
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1 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
2 | expressly intended for and lawfully allowed to be
administered | ||||||
3 | through implants to livestock or other nonhuman species, and
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4 | which is approved by the Secretary of Health and Human Services | ||||||
5 | for such
administration, and which the person intends to | ||||||
6 | administer or have
administered through such implants, shall | ||||||
7 | not be considered to be in
unauthorized possession or to | ||||||
8 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
9 | possess with intent to deliver such anabolic steroid for
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10 | purposes of this Act.
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11 | (d) "Administration" means the Drug Enforcement | ||||||
12 | Administration,
United States Department of Justice, or its | ||||||
13 | successor agency.
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14 | (e) "Control" means to add a drug or other substance, or | ||||||
15 | immediate
precursor, to a Schedule under Article II of this Act | ||||||
16 | whether by
transfer from another Schedule or otherwise.
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17 | (f) "Controlled Substance" means a drug, substance, or | ||||||
18 | immediate
precursor in the Schedules of Article II of this Act.
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19 | (g) "Counterfeit substance" means a controlled substance, | ||||||
20 | which, or
the container or labeling of which, without | ||||||
21 | authorization bears the
trademark, trade name, or other | ||||||
22 | identifying mark, imprint, number or
device, or any likeness | ||||||
23 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
24 | than the person who in fact manufactured, distributed,
or | ||||||
25 | dispensed the substance.
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26 | (h) "Deliver" or "delivery" means the actual, constructive |
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1 | or
attempted transfer of possession of a controlled substance, | ||||||
2 | with or
without consideration, whether or not there is an | ||||||
3 | agency relationship.
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4 | (i) "Department" means the Illinois Department of Human | ||||||
5 | Services (as
successor to the Department of Alcoholism and | ||||||
6 | Substance Abuse) or its successor agency.
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7 | (j) "Department of State Police" means the Department of | ||||||
8 | State
Police of the State of Illinois or its successor agency.
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9 | (k) "Department of Corrections" means the Department of | ||||||
10 | Corrections
of the State of Illinois or its successor agency.
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11 | (l) "Department of Financial and Professional Regulation" | ||||||
12 | means the Department
of Financial and Professional Regulation | ||||||
13 | of the State of Illinois or its successor agency.
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14 | (m) "Depressant" or "stimulant substance" means:
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15 | (1) a drug which contains any quantity of (i) | ||||||
16 | barbituric acid or
any of the salts of barbituric acid | ||||||
17 | which has been designated as habit
forming under section | ||||||
18 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
19 | U.S.C. 352 (d)); or
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20 | (2) a drug which contains any quantity of (i) | ||||||
21 | amphetamine or
methamphetamine and any of their optical | ||||||
22 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
23 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
24 | substance which the Department, after
investigation, has | ||||||
25 | found to be, and by rule designated as, habit forming
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26 | because of its depressant or stimulant effect on the |
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1 | central nervous
system; or
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2 | (3) lysergic acid diethylamide; or
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3 | (4) any drug which contains any quantity of a substance | ||||||
4 | which the
Department, after investigation, has found to | ||||||
5 | have, and by rule
designated as having, a potential for | ||||||
6 | abuse because of its depressant or
stimulant effect on the | ||||||
7 | central nervous system or its hallucinogenic
effect.
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8 | (n) (Blank).
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9 | (o) "Director" means the Director of the Department of | ||||||
10 | State Police or
the Department of Professional Regulation or | ||||||
11 | his or her designated agents.
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12 | (p) "Dispense" means to deliver a controlled substance to | ||||||
13 | an
ultimate user or research subject by or pursuant to the | ||||||
14 | lawful order of
a prescriber, including the prescribing, | ||||||
15 | administering, packaging,
labeling, or compounding necessary | ||||||
16 | to prepare the substance for that
delivery.
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17 | (q) "Dispenser" means a practitioner who dispenses.
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18 | (r) "Distribute" means to deliver, other than by | ||||||
19 | administering or
dispensing, a controlled substance.
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20 | (s) "Distributor" means a person who distributes.
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21 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
22 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
23 | Pharmacopoeia of the
United States, or official National | ||||||
24 | Formulary, or any supplement to any
of them; (2) substances | ||||||
25 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
26 | prevention of disease in man or animals; (3) substances
(other |
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1 | than food) intended to affect the structure of any function of
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2 | the body of man or animals and (4) substances intended for use | ||||||
3 | as a
component of any article specified in clause (1), (2), or | ||||||
4 | (3) of this
subsection. It does not include devices or their | ||||||
5 | components, parts, or
accessories.
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6 | (t-1) "Drug Schedule" means the classification system | ||||||
7 | established by the federal Food and Drug Administration and the | ||||||
8 | federal Drug Enforcement Administration. | ||||||
9 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
10 | Department of Financial and Professional Regulation for the
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11 | purpose of animal euthanasia that holds an animal control | ||||||
12 | facility license or
animal
shelter license under the Animal | ||||||
13 | Welfare Act. A euthanasia agency is
authorized to purchase, | ||||||
14 | store, possess, and utilize Schedule II nonnarcotic and
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15 | Schedule III nonnarcotic drugs for the sole purpose of animal | ||||||
16 | euthanasia.
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17 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
18 | substances
(nonnarcotic controlled substances) that are used | ||||||
19 | by a euthanasia agency for
the purpose of animal euthanasia.
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20 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
21 | controlled
substance by a practitioner in the regular course of | ||||||
22 | professional
treatment to or for any person who is under his or | ||||||
23 | her treatment for a
pathology or condition other than that | ||||||
24 | individual's physical or
psychological dependence upon or | ||||||
25 | addiction to a controlled substance,
except as provided herein: | ||||||
26 | and application of the term to a pharmacist
shall mean the |
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1 | dispensing of a controlled substance pursuant to the
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2 | prescriber's order which in the professional judgment of the | ||||||
3 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
4 | accepted professional
standards including, but not limited to | ||||||
5 | the following, in making the
judgment:
| ||||||
6 | (1) lack of consistency of doctor-patient | ||||||
7 | relationship,
| ||||||
8 | (2) frequency of prescriptions for same drug by one | ||||||
9 | prescriber for
large numbers of patients,
| ||||||
10 | (3) quantities beyond those normally prescribed,
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11 | (4) unusual dosages,
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12 | (5) unusual geographic distances between patient, | ||||||
13 | pharmacist and
prescriber,
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14 | (6) consistent prescribing of habit-forming drugs.
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15 | (u-1) "Home infusion services" means services provided by a | ||||||
16 | pharmacy in
compounding solutions for direct administration to | ||||||
17 | a patient in a private
residence, long-term care facility, or | ||||||
18 | hospice setting by means of parenteral,
intravenous, | ||||||
19 | intramuscular, subcutaneous, or intraspinal infusion.
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20 | (v) "Immediate precursor" means a substance:
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21 | (1) which the Department has found to be and by rule | ||||||
22 | designated as
being a principal compound used, or produced | ||||||
23 | primarily for use, in the
manufacture of a controlled | ||||||
24 | substance;
| ||||||
25 | (2) which is an immediate chemical intermediary used or | ||||||
26 | likely to
be used in the manufacture of such controlled |
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1 | substance; and
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2 | (3) the control of which is necessary to prevent, | ||||||
3 | curtail or limit
the manufacture of such controlled | ||||||
4 | substance.
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5 | (w) "Instructional activities" means the acts of teaching, | ||||||
6 | educating
or instructing by practitioners using controlled | ||||||
7 | substances within
educational facilities approved by the State | ||||||
8 | Board of Education or
its successor agency.
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9 | (x) "Local authorities" means a duly organized State, | ||||||
10 | County or
Municipal peace unit or police force.
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11 | (y) "Look-alike substance" means a substance, other than a | ||||||
12 | controlled
substance which (1) by overall dosage unit | ||||||
13 | appearance, including shape,
color, size, markings or lack | ||||||
14 | thereof, taste, consistency, or any other
identifying physical | ||||||
15 | characteristic of the substance, would lead a reasonable
person | ||||||
16 | to believe that the substance is a controlled substance, or (2) | ||||||
17 | is
expressly or impliedly represented to be a controlled | ||||||
18 | substance or is
distributed under circumstances which would | ||||||
19 | lead a reasonable person to
believe that the substance is a | ||||||
20 | controlled substance. For the purpose of
determining whether | ||||||
21 | the representations made or the circumstances of the
| ||||||
22 | distribution would lead a reasonable person to believe the | ||||||
23 | substance to be
a controlled substance under this clause (2) of | ||||||
24 | subsection (y), the court or
other authority may consider the | ||||||
25 | following factors in addition to any other
factor that may be | ||||||
26 | relevant:
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1 | (a) statements made by the owner or person in control | ||||||
2 | of the substance
concerning its nature, use or effect;
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3 | (b) statements made to the buyer or recipient that the | ||||||
4 | substance may
be resold for profit;
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5 | (c) whether the substance is packaged in a manner | ||||||
6 | normally used for the
illegal distribution of controlled | ||||||
7 | substances;
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8 | (d) whether the distribution or attempted distribution | ||||||
9 | included an
exchange of or demand for money or other | ||||||
10 | property as consideration, and
whether the amount of the | ||||||
11 | consideration was substantially greater than the
| ||||||
12 | reasonable retail market value of the substance.
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13 | Clause (1) of this subsection (y) shall not apply to a | ||||||
14 | noncontrolled
substance in its finished dosage form that was | ||||||
15 | initially introduced into
commerce prior to the initial | ||||||
16 | introduction into commerce of a controlled
substance in its | ||||||
17 | finished dosage form which it may substantially resemble.
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18 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
19 | distributing
of noncontrolled substances by persons authorized | ||||||
20 | to dispense and
distribute controlled substances under this | ||||||
21 | Act, provided that such action
would be deemed to be carried | ||||||
22 | out in good faith under subsection (u) if the
substances | ||||||
23 | involved were controlled substances.
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24 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
25 | manufacture,
preparation, propagation, compounding, | ||||||
26 | processing, packaging, advertising
or distribution of a drug or |
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1 | drugs by any person registered pursuant to
Section 510 of the | ||||||
2 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
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3 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
4 | located in a state
of the United States, other than Illinois, | ||||||
5 | that delivers, dispenses or
distributes, through the United | ||||||
6 | States Postal Service or other common
carrier, to Illinois | ||||||
7 | residents, any substance which requires a prescription.
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8 | (z) "Manufacture" means the production, preparation, | ||||||
9 | propagation,
compounding, conversion or processing of a | ||||||
10 | controlled substance other than methamphetamine, either
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11 | directly or indirectly, by extraction from substances of | ||||||
12 | natural origin,
or independently by means of chemical | ||||||
13 | synthesis, or by a combination of
extraction and chemical | ||||||
14 | synthesis, and includes any packaging or
repackaging of the | ||||||
15 | substance or labeling of its container, except that
this term | ||||||
16 | does not include:
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17 | (1) by an ultimate user, the preparation or compounding | ||||||
18 | of a
controlled substance for his or her own use; or
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19 | (2) by a practitioner, or his or her authorized agent | ||||||
20 | under his
or her supervision, the preparation, | ||||||
21 | compounding, packaging, or labeling of a
controlled | ||||||
22 | substance:
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23 | (a) as an incident to his or her administering or | ||||||
24 | dispensing of a
controlled substance in the course of | ||||||
25 | his or her professional practice; or
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26 | (b) as an incident to lawful research, teaching or |
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1 | chemical
analysis and not for sale.
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2 | (z-1) (Blank).
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3 | (aa) "Narcotic drug" means any of the following, whether | ||||||
4 | produced
directly or indirectly by extraction from substances | ||||||
5 | of natural origin,
or independently by means of chemical | ||||||
6 | synthesis, or by a combination of
extraction and chemical | ||||||
7 | synthesis:
| ||||||
8 | (1) opium and opiate, and any salt, compound, | ||||||
9 | derivative, or
preparation of opium or opiate;
| ||||||
10 | (2) any salt, compound, isomer, derivative, or | ||||||
11 | preparation thereof
which is chemically equivalent or | ||||||
12 | identical with any of the substances
referred to in clause | ||||||
13 | (1), but not including the isoquinoline alkaloids
of opium;
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14 | (3) opium poppy and poppy straw;
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15 | (4) coca leaves and any salts, compound, isomer, salt | ||||||
16 | of an isomer,
derivative, or preparation of coca leaves | ||||||
17 | including cocaine or ecgonine,
and any salt, compound, | ||||||
18 | isomer, derivative, or preparation thereof which is
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19 | chemically equivalent or identical with any of these | ||||||
20 | substances, but not
including decocainized coca leaves or | ||||||
21 | extractions of coca leaves which do
not contain cocaine or | ||||||
22 | ecgonine (for the purpose of this paragraph, the
term | ||||||
23 | "isomer" includes optical, positional and geometric | ||||||
24 | isomers).
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25 | (bb) "Nurse" means a registered nurse licensed under the
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26 | Nurse Practice Act.
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1 | (cc) (Blank).
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2 | (dd) "Opiate" means any substance having an addiction | ||||||
3 | forming or
addiction sustaining liability similar to morphine | ||||||
4 | or being capable of
conversion into a drug having addiction | ||||||
5 | forming or addiction sustaining
liability.
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6 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
7 | somniferum L., except its seeds.
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8 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
9 | Board of
the State of Illinois or its successor agency.
| ||||||
10 | (gg) "Person" means any individual, corporation, | ||||||
11 | mail-order pharmacy,
government or governmental subdivision or | ||||||
12 | agency, business trust, estate,
trust, partnership or | ||||||
13 | association, or any other entity.
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14 | (hh) "Pharmacist" means any person who holds a license or | ||||||
15 | certificate of
registration as a registered pharmacist, a local | ||||||
16 | registered pharmacist
or a registered assistant pharmacist | ||||||
17 | under the Pharmacy Practice Act.
| ||||||
18 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
19 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
20 | Practice Act.
| ||||||
21 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
22 | the opium
poppy, after mowing.
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23 | (kk) "Practitioner" means a physician licensed to practice | ||||||
24 | medicine in all
its branches, dentist, optometrist, | ||||||
25 | podiatrist,
veterinarian, scientific investigator, pharmacist, | ||||||
26 | physician assistant,
advanced practice nurse,
licensed |
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| |||||||
1 | practical
nurse, registered nurse, hospital, laboratory, or | ||||||
2 | pharmacy, or other
person licensed, registered, or otherwise | ||||||
3 | lawfully permitted by the
United States or this State to | ||||||
4 | distribute, dispense, conduct research
with respect to, | ||||||
5 | administer or use in teaching or chemical analysis, a
| ||||||
6 | controlled substance in the course of professional practice or | ||||||
7 | research.
| ||||||
8 | (ll) "Pre-printed prescription" means a written | ||||||
9 | prescription upon which
the designated drug has been indicated | ||||||
10 | prior to the time of issuance and does not mean a written | ||||||
11 | prescription which is machine or computer generated | ||||||
12 | individually in the prescriber's office .
| ||||||
13 | (mm) "Prescriber" means a physician licensed to practice | ||||||
14 | medicine in all
its branches, dentist, optometrist, podiatrist | ||||||
15 | or
veterinarian who issues a prescription, a physician | ||||||
16 | assistant who
issues a
prescription for a Schedule III, IV, or | ||||||
17 | V controlled substance
in accordance
with Section 303.05 and | ||||||
18 | the written guidelines required under Section 7.5
of the
| ||||||
19 | Physician Assistant Practice Act of 1987, or an advanced | ||||||
20 | practice
nurse with prescriptive authority delegated under | ||||||
21 | Section 65-40 of the Nurse Practice Act and in accordance with | ||||||
22 | Section 303.05
and a written
collaborative agreement under | ||||||
23 | Section 65-35 of the Nurse Practice Act.
| ||||||
24 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
25 | verbal order
of
a physician licensed to practice medicine in | ||||||
26 | all its branches,
dentist, podiatrist or veterinarian for any |
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1 | controlled
substance, of an optometrist for a Schedule III, IV, | ||||||
2 | or V controlled substance in accordance with Section 15.1 of | ||||||
3 | the Illinois Optometric Practice Act of 1987, of a physician | ||||||
4 | assistant for a Schedule III, IV, or V
controlled substance
in | ||||||
5 | accordance with Section 303.05 and the written guidelines | ||||||
6 | required under
Section 7.5 of the
Physician Assistant Practice | ||||||
7 | Act of 1987, or of an advanced practice
nurse with prescriptive | ||||||
8 | authority delegated under Section 65-40 of the Nurse Practice | ||||||
9 | Act who issues a prescription for a Schedule III, IV, or V
| ||||||
10 | controlled substance in accordance
with
Section 303.05 and a | ||||||
11 | written collaborative agreement under Section 65-35 of the | ||||||
12 | Nurse Practice Act.
| ||||||
13 | (oo) "Production" or "produce" means manufacture, | ||||||
14 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
15 | substance other than methamphetamine.
| ||||||
16 | (pp) "Registrant" means every person who is required to | ||||||
17 | register
under Section 302 of this Act.
| ||||||
18 | (qq) "Registry number" means the number assigned to each | ||||||
19 | person
authorized to handle controlled substances under the | ||||||
20 | laws of the United
States and of this State.
| ||||||
21 | (rr) "Secretary" means the Secretary of the Department of | ||||||
22 | Financial and Professional Regulation or the Department of | ||||||
23 | Human Services or his or her designated agents. | ||||||
24 | (ss) (rr) "State" includes the State of Illinois and any | ||||||
25 | state, district,
commonwealth, territory, insular possession | ||||||
26 | thereof, and any area
subject to the legal authority of the |
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| |||||||
1 | United States of America.
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2 | (tt) (ss) "Ultimate user" means a person who lawfully | ||||||
3 | possesses a
controlled substance for his or her own use or for | ||||||
4 | the use of a member of his or her
household or for | ||||||
5 | administering to an animal owned by him or her or by a member
| ||||||
6 | of his or her household.
| ||||||
7 | (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08; | ||||||
8 | 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff. | ||||||
9 | 8-21-08.)
| ||||||
10 | (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
| ||||||
11 | Sec. 201. (a) The Department shall carry out the provisions | ||||||
12 | of
this Article. The Department or its successor agency
may add | ||||||
13 | substances
to a drug schedule which is higher than the federal | ||||||
14 | schedule by administrative rule or delete or reschedule all | ||||||
15 | controlled substances in the Schedules of
Sections 204, 206, | ||||||
16 | 208, 210 and 212 of this Act . In making a determination
| ||||||
17 | regarding the elevating addition,
deletion, or rescheduling of | ||||||
18 | a substance, the Department
shall consider
the following:
| ||||||
19 | (1) the actual or relative potential for abuse;
| ||||||
20 | (2) the scientific evidence of its pharmacological | ||||||
21 | effect, if known;
| ||||||
22 | (3) the state of current scientific knowledge | ||||||
23 | regarding the
substance;
| ||||||
24 | (4) the history and current pattern of abuse;
| ||||||
25 | (5) the scope, duration, and significance of abuse;
|
| |||||||
| |||||||
1 | (6) the risk to the public health;
| ||||||
2 | (7) the potential of the substance to produce | ||||||
3 | psychological or
physiological dependence;
| ||||||
4 | (8) whether the substance is an immediate precursor of | ||||||
5 | a substance
already controlled under this Article;
| ||||||
6 | (9) the immediate harmful effect in terms of | ||||||
7 | potentially fatal
dosage; and
| ||||||
8 | (10) the long-range effects in terms of permanent | ||||||
9 | health impairment.
| ||||||
10 | (b) (Blank).
| ||||||
11 | (c) (Blank).
| ||||||
12 | (d) If any substance is scheduled, rescheduled, or
deleted | ||||||
13 | as a
controlled substance under Federal law and notice thereof | ||||||
14 | is given to
the Department, the Department shall
similarly | ||||||
15 | control the substance
under this Act after the expiration of 30 | ||||||
16 | days from publication in the
Federal Register of a final order | ||||||
17 | scheduling a substance as
a
controlled substance or | ||||||
18 | rescheduling or deleting a substance, unless
within that 30 day | ||||||
19 | period the Department initiates action to elevate the schedule | ||||||
20 | for a specific controlled substance objects, or
a party | ||||||
21 | adversely
affected files with the Department substantial | ||||||
22 | written objections
objecting to inclusion, rescheduling, or | ||||||
23 | deletion . In that case, the
Department shall publish the | ||||||
24 | reasons for that action objection or the substantial
written | ||||||
25 | objections and afford all interested parties an opportunity to
| ||||||
26 | be heard. At the conclusion of the hearing, the Department |
| |||||||
| |||||||
1 | shall
publish its decision, by means of a rule, which shall be | ||||||
2 | final unless
altered by statute. Upon publication of objections | ||||||
3 | by the Department, similar control
under this Act whether by | ||||||
4 | inclusion, rescheduling or deletion is stayed
until the | ||||||
5 | Department publishes its ruling.
| ||||||
6 | (e) (Blank). The Department shall by rule exclude any | ||||||
7 | non-narcotic
substances
from a schedule if such substance may, | ||||||
8 | under the Federal Food, Drug, and
Cosmetic Act, be lawfully | ||||||
9 | sold over the counter without a prescription.
| ||||||
10 | (f) (Blank).
| ||||||
11 | (g) Authority to control under this section does not extend | ||||||
12 | to
distilled spirits, wine, malt beverages, or tobacco as those | ||||||
13 | terms are
defined or used in the Liquor Control Act and the | ||||||
14 | Tobacco Products Tax
Act.
| ||||||
15 | (h) Persons registered with the Drug Enforcement | ||||||
16 | Administration to manufacture or distribute controlled | ||||||
17 | substances shall maintain adequate security and provide | ||||||
18 | effective controls and procedures to guard against theft and | ||||||
19 | diversion, but shall not otherwise be required to meet the | ||||||
20 | physical security control requirements (such as cage or vault) | ||||||
21 | for Schedule V controlled substances containing | ||||||
22 | pseudoephedrine or Schedule II controlled substances | ||||||
23 | containing dextromethorphan.
| ||||||
24 | (Source: P.A. 94-800, eff. 1-1-07; 94-1087, eff. 1-19-07; | ||||||
25 | 95-331, eff. 8-21-07.)
|
| |||||||
| |||||||
1 | (720 ILCS 570/202) (from Ch. 56 1/2, par. 1202)
| ||||||
2 | Sec. 202.
| ||||||
3 | (a) The scheduled controlled substances shall be those | ||||||
4 | listed by the authorized federal agency. Any federally | ||||||
5 | scheduled substance may be scheduled higher by administrative | ||||||
6 | rule or to be listed in the schedules in
sections 204, 206, | ||||||
7 | 208, 210 and 212 are included by whatever official,
common, | ||||||
8 | usual, chemical, or trade name designated .
| ||||||
9 | (b) The Prescription Drug User Committee shall be formed in | ||||||
10 | order to: | ||||||
11 | (1) provide a uniform approach to review the Illinois | ||||||
12 | Controlled Substances Act in order to determine if changes | ||||||
13 | should be recommended to the General Assembly. | ||||||
14 | (2) review current drug schedules in order to manage | ||||||
15 | changes to the Administrative Rules pertaining to the | ||||||
16 | utilization of this Act. | ||||||
17 | (c) The User Committee will consist of: | ||||||
18 | (1) A representative from the Illinois Department of | ||||||
19 | Human Services, Bureau of Pharmacy and Clinical Support | ||||||
20 | Services or its successor. | ||||||
21 | (2) A representative from the Illinois Department of | ||||||
22 | Human Services, Division of Alcoholism and Substance Abuse | ||||||
23 | or its successor. | ||||||
24 | (3) A representative from the Illinois Department of | ||||||
25 | Financial and Professional Regulations or its successor. | ||||||
26 | (4) A representative from the Illinois Department of |
| |||||||
| |||||||
1 | Public Health. | ||||||
2 | (d) The Secretary of the Department of Human Services shall | ||||||
3 | designate the chair person of the User Committee. | ||||||
4 | (e) The User Committee shall meet on the first Monday on or | ||||||
5 | after April 1st and October 1st. Reasonable travel expenses | ||||||
6 | shall be paid from the Prescription Monitoring Program budget | ||||||
7 | line. | ||||||
8 | (Source: P.A. 77-757.)
| ||||||
9 | (720 ILCS 570/205) (from Ch. 56 1/2, par. 1205)
| ||||||
10 | Sec. 205.
The Department shall issue a rule scheduling a | ||||||
11 | substance
in Schedule II if
it finds that:
| ||||||
12 | (1) the substance has high potential for abuse;
| ||||||
13 | (2) the substance has currently accepted medical use in | ||||||
14 | treatment in the
United States, or currently accepted medical | ||||||
15 | use with severe restrictions;
and
| ||||||
16 | (3) the abuse of the substance may lead to severe | ||||||
17 | psychological or
physiological dependence ; and .
| ||||||
18 | (4) the federal scheduling agency should have assigned a | ||||||
19 | specific drug with a more restricted schedule. | ||||||
20 | (Source: P.A. 83-969.)
| ||||||
21 | (720 ILCS 570/207) (from Ch. 56 1/2, par. 1207)
| ||||||
22 | Sec. 207.
The Department shall issue a rule scheduling a | ||||||
23 | substance
in Schedule III
if it finds that:
| ||||||
24 | (1) the substance has a potential for abuse less than the |
| |||||||
| |||||||
1 | substances
listed in Schedule I and II;
| ||||||
2 | (2) the substance has currently accepted medical use in | ||||||
3 | treatment in the
United States; and
| ||||||
4 | (3) abuse of the substance may lead to moderate or low | ||||||
5 | physiological
dependence or high psychological dependence ; and | ||||||
6 | .
| ||||||
7 | (4) the federal scheduling agency should have assigned a | ||||||
8 | specific drug with a more restricted schedule. | ||||||
9 | (Source: P.A. 83-969.)
| ||||||
10 | (720 ILCS 570/209) (from Ch. 56 1/2, par. 1209)
| ||||||
11 | Sec. 209.
The Department shall issue a rule scheduling a | ||||||
12 | substance
in Schedule IV if
it finds that:
| ||||||
13 | (1) the substance has a low potential for abuse relative to | ||||||
14 | substances
in Schedule III;
| ||||||
15 | (2) the substance has currently accepted medical use in | ||||||
16 | treatment in the
United States; and
| ||||||
17 | (3) abuse of the substance may lead to limited | ||||||
18 | physiological dependence
or psychological dependence relative | ||||||
19 | to the substances in Schedule III ; and .
| ||||||
20 | (4) the federal scheduling agency should have assigned a | ||||||
21 | specific drug with a more restricted schedule. | ||||||
22 | (Source: P.A. 83-969.)
| ||||||
23 | (720 ILCS 570/211) (from Ch. 56 1/2, par. 1211)
| ||||||
24 | Sec. 211. The Department shall issue a rule scheduling a |
| |||||||
| |||||||
1 | substance
in Schedule V if
it finds that:
| ||||||
2 | (1) the substance has low potential for abuse relative to | ||||||
3 | the controlled
substances listed in Schedule IV;
| ||||||
4 | (2) the substance has currently accepted medical use in | ||||||
5 | treatment in the
United States; and
| ||||||
6 | (3) abuse of the substance may lead to limited | ||||||
7 | physiological dependence
or psychological dependence relative | ||||||
8 | to the substances in Schedule IV, or the substance is a | ||||||
9 | targeted methamphetamine precursor as defined in the | ||||||
10 | Methamphetamine Precursor Control Act ; and .
| ||||||
11 | (4) the federal scheduling agency should have assigned a | ||||||
12 | specific drug with a more restricted schedule. | ||||||
13 | (Source: P.A. 94-694, eff. 1-15-06.)
| ||||||
14 | (720 ILCS 570/214) (from Ch. 56 1/2, par. 1214)
| ||||||
15 | Sec. 214. Excluded Substances.
| ||||||
16 | (a) Products containing an anabolic steroid, that are | ||||||
17 | expressly intended
for administration
through implants to | ||||||
18 | cattle or other nonhuman species and that have been
approved by | ||||||
19 | the U.S.
Secretary of Health and Human Services for that | ||||||
20 | administration, and that are
excluded
from all schedules
under | ||||||
21 | Section 102(41)(B)(1) of the federal Controlled Substances Act | ||||||
22 | (21 U.S.C.
802(41)(B)(1)) are also excluded from Sections 207 | ||||||
23 | and 208 of this Act.
| ||||||
24 | (b) The non-narcotic substances excluded from all | ||||||
25 | schedules of
the Federal Controlled Substances Act (21 U.S.C. |
| |||||||
| |||||||
1 | 801 et seq.)
pursuant to Section 1308.22 of the Code of Federal
| ||||||
2 | Regulations (21 C.F.R. 1308.22), are excluded from all | ||||||
3 | schedules of this
Act.
| ||||||
4 | (Source: P.A. 91-714, eff. 6-2-00.)
| ||||||
5 | (720 ILCS 570/301) (from Ch. 56 1/2, par. 1301)
| ||||||
6 | Sec. 301. The Department of Financial and Professional | ||||||
7 | Regulation shall promulgate
rules and charge reasonable fees | ||||||
8 | and fines relating to the registration and
control of the | ||||||
9 | manufacture, distribution, and dispensing of controlled
| ||||||
10 | substances within this State. All moneys received by the | ||||||
11 | Department of Financial and
Professional Regulation under this | ||||||
12 | Act shall be deposited into the respective
professional | ||||||
13 | dedicated funds in like manner as the primary professional
| ||||||
14 | licenses. | ||||||
15 | A pharmacy, manufacturer of controlled substances, or | ||||||
16 | wholesale distributor of controlled substances that is | ||||||
17 | regulated under this Act and owned and operated by the State is | ||||||
18 | exempt from fees required under this Act. Pharmacists and | ||||||
19 | pharmacy technicians working in facilities owned and operated | ||||||
20 | by the State are not exempt from the payment of fees required | ||||||
21 | by this Act and any rules adopted under this Act. Nothing in | ||||||
22 | this Section shall be construed to prohibit the Department from | ||||||
23 | imposing any fine or other penalty allowed under this Act.
| ||||||
24 | (Source: P.A. 95-689, eff. 10-29-07.)
|
| |||||||
| |||||||
1 | (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
| ||||||
2 | Sec. 302. (a) Every person who manufactures, distributes, | ||||||
3 | or dispenses
any controlled substances, or engages in chemical | ||||||
4 | analysis, and
instructional activities which utilize | ||||||
5 | controlled substances,
or who purchases, stores, or | ||||||
6 | administers euthanasia drugs, within this
State or who proposes | ||||||
7 | to engage in the
manufacture, distribution, or dispensing of | ||||||
8 | any controlled substance, or to
engage in chemical analysis, | ||||||
9 | and instructional activities
which utilize controlled | ||||||
10 | substances, or to engage in purchasing, storing, or
| ||||||
11 | administering euthanasia drugs, within this State, must obtain | ||||||
12 | a
registration issued by the Department of Financial and | ||||||
13 | Professional Regulation in
accordance with its rules. The rules | ||||||
14 | shall
include, but not be limited to, setting the expiration | ||||||
15 | date and renewal
period for each registration under this Act. | ||||||
16 | The Department,
and any facility or service licensed by the | ||||||
17 | Department, shall be exempt
from the regulation requirements of | ||||||
18 | this Section.
| ||||||
19 | (b) Persons registered by the Department of Financial and | ||||||
20 | Professional Regulation
under this Act to manufacture, | ||||||
21 | distribute, or dispense controlled
substances, or purchase, | ||||||
22 | store, or administer euthanasia drugs, may
possess, | ||||||
23 | manufacture, distribute, or dispense those
substances, or | ||||||
24 | purchase, store, or administer euthanasia drugs, to the
extent | ||||||
25 | authorized by their registration and in conformity
with the | ||||||
26 | other provisions of this Article.
|
| |||||||
| |||||||
1 | (c) The following persons need not register and may | ||||||
2 | lawfully possess
controlled substances under this Act:
| ||||||
3 | (1) an agent or employee of any registered | ||||||
4 | manufacturer, distributor, or
dispenser of any controlled | ||||||
5 | substance if he or she is acting in the usual course
of his | ||||||
6 | or her employer's lawful business or employment;
| ||||||
7 | (2) a common or contract carrier or warehouseman, or an | ||||||
8 | agent or
employee thereof, whose possession of any | ||||||
9 | controlled substance is in the
usual lawful course of such | ||||||
10 | business or employment;
| ||||||
11 | (3) an ultimate user or a person in possession of any | ||||||
12 | controlled
substance pursuant to a lawful prescription of a | ||||||
13 | practitioner or in lawful
possession of a Schedule V | ||||||
14 | substance;
| ||||||
15 | (4) officers and employees of this State or of the | ||||||
16 | United States while
acting in the lawful course of their | ||||||
17 | official duties which requires
possession of controlled | ||||||
18 | substances;
| ||||||
19 | (5) a registered pharmacist who is employed in, or the | ||||||
20 | owner of, a
pharmacy licensed under this Act and the | ||||||
21 | Federal Controlled Substances Act,
at the licensed | ||||||
22 | location, or if he or she is acting in the usual course of | ||||||
23 | his or her
lawful profession, business, or employment.
| ||||||
24 | (d) A separate registration is required at each place of
| ||||||
25 | business or professional practice where the applicant | ||||||
26 | manufactures,
distributes, or dispenses controlled substances, |
| |||||||
| |||||||
1 | or purchases, stores, or
administers euthanasia drugs.
Persons | ||||||
2 | are required to obtain a separate registration for each
place | ||||||
3 | of business or professional practice where controlled
| ||||||
4 | substances are located or stored. A separate registration is
| ||||||
5 | not required for every location at which a controlled substance
| ||||||
6 | may be prescribed.
| ||||||
7 | (e) The Department of Financial and Professional | ||||||
8 | Regulation or the Department of
State Police may inspect the | ||||||
9 | controlled premises, as defined in Section
502 of this Act, of | ||||||
10 | a registrant or applicant for registration in
accordance with | ||||||
11 | this Act and the rules promulgated hereunder and with regard
to | ||||||
12 | persons licensed by the Department, in accordance with | ||||||
13 | subsection (bb)
of Section 30-5
of the Alcoholism and Other | ||||||
14 | Drug Abuse and Dependency Act and
the rules and
regulations | ||||||
15 | promulgated thereunder.
| ||||||
16 | (Source: P.A. 93-626, eff. 12-23-03.)
| ||||||
17 | (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
| ||||||
18 | Sec. 303. (a) The Department of Financial and Professional | ||||||
19 | Regulation shall license an
applicant to manufacture, | ||||||
20 | distribute or dispense controlled substances
included in | ||||||
21 | Section 202 Sections 204, 206, 208, 210 and 212 of this Act or | ||||||
22 | purchase,
store, or administer euthanasia drugs unless it
| ||||||
23 | determines that the issuance of that license would be
| ||||||
24 | inconsistent
with the public interest. In determining the | ||||||
25 | public interest, the
Department of Financial and Professional |
| |||||||
| |||||||
1 | Regulation shall consider the following:
| ||||||
2 | (1) maintenance of effective controls against | ||||||
3 | diversion of controlled
substances into other than lawful | ||||||
4 | medical, scientific, or industrial
channels;
| ||||||
5 | (2) compliance with applicable Federal, State and | ||||||
6 | local law;
| ||||||
7 | (3) any convictions of the applicant under any law of | ||||||
8 | the United States
or of any State relating to any | ||||||
9 | controlled substance;
| ||||||
10 | (4) past experience in the manufacture or distribution | ||||||
11 | of controlled
substances, and the existence in the | ||||||
12 | applicant's establishment of effective
controls against | ||||||
13 | diversion;
| ||||||
14 | (5) furnishing by the applicant of false or fraudulent | ||||||
15 | material in any
application filed under this Act;
| ||||||
16 | (6) suspension or revocation of the applicant's | ||||||
17 | Federal
registration to
manufacture, distribute, or | ||||||
18 | dispense controlled substances, or purchase,
store, or | ||||||
19 | administer euthanasia drugs, as authorized by
Federal law;
| ||||||
20 | (7) whether the applicant is suitably equipped with the | ||||||
21 | facilities
appropriate to carry on the operation described | ||||||
22 | in his or her application;
| ||||||
23 | (8) whether the applicant is of good moral character | ||||||
24 | or, if the
applicant is a partnership, association, | ||||||
25 | corporation or other organization,
whether the partners, | ||||||
26 | directors, governing committee and managing officers
are |
| |||||||
| |||||||
1 | of good moral character;
| ||||||
2 | (9) any other factors relevant to and consistent with | ||||||
3 | the public health
and safety; and
| ||||||
4 | (10) evidence from court, medical disciplinary and | ||||||
5 | pharmacy
board records and those of State and Federal | ||||||
6 | investigatory bodies that the
applicant has not or does not | ||||||
7 | prescribe controlled substances within the
provisions of | ||||||
8 | this Act.
| ||||||
9 | (b) No license shall be granted to or renewed for any
| ||||||
10 | person who
has within 5 years been convicted of a willful | ||||||
11 | wilful violation of any law of the
United States or any law of | ||||||
12 | any State relating to controlled substances, or
who is found to | ||||||
13 | be deficient in any of the matters enumerated in
subsections | ||||||
14 | (a)(1) through (a)(8).
| ||||||
15 | (c) Licensure under subsection (a) does not entitle a
| ||||||
16 | registrant to
manufacture, distribute or dispense controlled | ||||||
17 | substances in Schedules I or
II other than those specified in | ||||||
18 | the registration.
| ||||||
19 | (d) Practitioners who are licensed to dispense any
| ||||||
20 | controlled
substances in Schedules II through V are authorized | ||||||
21 | to
conduct instructional activities with controlled substances
| ||||||
22 | in Schedules II through V under the law of this State.
| ||||||
23 | (e) If an applicant for registration is registered under | ||||||
24 | the Federal law
to manufacture, distribute or dispense | ||||||
25 | controlled substances, or purchase,
store, or administer | ||||||
26 | euthanasia drugs, upon filing a
completed application for |
| |||||||
| |||||||
1 | licensure in this State and
payment of all
fees due hereunder, | ||||||
2 | he or she shall be licensed in this State to
the same extent
as | ||||||
3 | his or her Federal registration, unless, within 30 days after | ||||||
4 | completing his or her
application in this State, the Department | ||||||
5 | of Financial and Professional Regulation
notifies the | ||||||
6 | applicant that his or her application has not been granted. A
| ||||||
7 | practitioner who is in compliance with the Federal law with | ||||||
8 | respect to
registration to dispense controlled substances in | ||||||
9 | Schedules II through V
need only send a current copy of that | ||||||
10 | Federal registration to the
Department of Financial and | ||||||
11 | Professional Regulation and he or she shall be deemed in
| ||||||
12 | compliance with the registration provisions of this State.
| ||||||
13 | (e-5) Beginning July 1, 2003, all of the fees and fines | ||||||
14 | collected under
this Section 303 shall be deposited into the | ||||||
15 | Illinois State Pharmacy
Disciplinary Fund.
| ||||||
16 | (f) The fee for registration as a manufacturer or wholesale | ||||||
17 | distributor
of controlled substances shall be $50.00 per year, | ||||||
18 | except that the fee for
registration as a manufacturer or | ||||||
19 | wholesale distributor of controlled
substances that may be | ||||||
20 | dispensed without a prescription under this Act
shall be $15.00 | ||||||
21 | per year. The expiration date and renewal period for
each | ||||||
22 | controlled substance license issued
under this Act shall be set | ||||||
23 | by rule.
| ||||||
24 | (Source: P.A. 93-32, eff. 7-1-03; 93-626, eff. 12-23-03.)
| ||||||
25 | (720 ILCS 570/303.05)
|
| |||||||
| |||||||
1 | Sec. 303.05. Mid-level practitioner registration.
| ||||||
2 | (a) The Department of Financial and Professional | ||||||
3 | Regulation shall register licensed
physician assistants and | ||||||
4 | licensed advanced practice nurses to prescribe and
dispense | ||||||
5 | Schedule
III, IV, or V controlled substances under Section 303 | ||||||
6 | and euthanasia
agencies to purchase, store, or administer | ||||||
7 | euthanasia drugs under the
following circumstances:
| ||||||
8 | (1) with respect to physician assistants or advanced | ||||||
9 | practice nurses,
| ||||||
10 | (A) the physician assistant or advanced practice | ||||||
11 | nurse has been
delegated
prescriptive authority by a | ||||||
12 | physician licensed to practice medicine in all its
| ||||||
13 | branches in accordance with Section 7.5 of the | ||||||
14 | Physician Assistant Practice Act
of 1987 or Section | ||||||
15 | 65-40 of the Nurse Practice Act;
and
| ||||||
16 | (B) the physician assistant or advanced practice | ||||||
17 | nurse has
completed the
appropriate application forms | ||||||
18 | and has paid the required fees as set by rule;
or
| ||||||
19 | (2) with respect to euthanasia agencies, the | ||||||
20 | euthanasia agency has
obtained a license from the | ||||||
21 | Department of
Financial and Professional Regulation and | ||||||
22 | obtained a registration number from the
Department.
| ||||||
23 | (b) The mid-level practitioner shall only be licensed to | ||||||
24 | prescribe those
schedules of controlled substances for which a | ||||||
25 | licensed physician has delegated
prescriptive authority, | ||||||
26 | except that a euthanasia agency does not have any
prescriptive |
| |||||||
| |||||||
1 | authority.
| ||||||
2 | (c) Upon completion of all registration requirements, | ||||||
3 | physician
assistants, advanced practice nurses, and euthanasia | ||||||
4 | agencies shall be issued a
mid-level practitioner
controlled | ||||||
5 | substances license for Illinois.
| ||||||
6 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
7 | (720 ILCS 570/303.1) (from Ch. 56 1/2, par. 1303.1)
| ||||||
8 | Sec. 303.1.
Any person who delivers a check or other | ||||||
9 | payment to the
Department of Financial and Professional | ||||||
10 | Regulation that is returned to the Department of Financial and | ||||||
11 | Professional Regulation
unpaid by the financial institution | ||||||
12 | upon which it is drawn shall pay to the
Department of Financial | ||||||
13 | and Professional Regulation ,
in addition to the amount already | ||||||
14 | owed to the Department of Financial and Professional | ||||||
15 | Regulation , a fine of $50. If
the check or other payment was | ||||||
16 | for a renewal or issuance fee and that person
practices without
| ||||||
17 | paying the renewal fee or issuance fee and the fine due, an | ||||||
18 | additional fine
of $100 shall be imposed. The fines imposed by | ||||||
19 | this Section are in addition
to any other discipline provided | ||||||
20 | under this Act for unlicensed
practice or practice on a | ||||||
21 | nonrenewed license. The Department
of Financial and | ||||||
22 | Professional Regulation shall notify the person that payment of | ||||||
23 | fees
and fines shall be paid to the Department of Financial and | ||||||
24 | Professional Regulation
by certified check or money order | ||||||
25 | within 30 calendar days of the
notification. If, after the |
| |||||||
| |||||||
1 | expiration of 30 days from the date of the
notification, the | ||||||
2 | person has failed to submit the necessary remittance, the
| ||||||
3 | Department of Financial and Professional Regulation shall | ||||||
4 | automatically terminate the
license or certificate or deny
the | ||||||
5 | application, without hearing. If, after termination or denial, | ||||||
6 | the
person seeks a license or certificate, he or she shall | ||||||
7 | apply to the
Department of Financial and Professional | ||||||
8 | Regulation for restoration or issuance of the license or | ||||||
9 | certificate and
pay all fees and fines due to the Department of | ||||||
10 | Financial and Professional Regulation . The Department of | ||||||
11 | Financial and Professional
Regulation may establish
a fee for | ||||||
12 | the processing of an application for restoration of a license | ||||||
13 | or
certificate to pay all expenses of processing this | ||||||
14 | application. The Secretary of Financial and Professional | ||||||
15 | Regulation Director
may waive the fines due under this Section | ||||||
16 | in individual cases where the
Secretary of Financial and | ||||||
17 | Professional Regulation Director finds that the fines would be | ||||||
18 | unreasonable or unnecessarily
burdensome.
| ||||||
19 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
20 | (720 ILCS 570/304) (from Ch. 56 1/2, par. 1304) | ||||||
21 | Sec. 304. (a) A registration under Section 303 to | ||||||
22 | manufacture,
distribute, or dispense a controlled substance or | ||||||
23 | purchase, store, or
administer euthanasia drugs may be | ||||||
24 | suspended or
revoked by the Department of Financial and | ||||||
25 | Professional Regulation upon a finding
that the registrant:
|
| |||||||
| |||||||
1 | (1) has furnished any false or fraudulent material | ||||||
2 | information in
any application filed under this Act; or
| ||||||
3 | (2) has been convicted of a felony under any law of the | ||||||
4 | United
States or any State relating to any controlled | ||||||
5 | substance; or
| ||||||
6 | (3) has had suspended or revoked his or her Federal | ||||||
7 | registration to
manufacture, distribute, or dispense | ||||||
8 | controlled substances or purchase,
store, or administer | ||||||
9 | euthanasia drugs; or
| ||||||
10 | (4) has been convicted of bribery, perjury, or other | ||||||
11 | infamous crime
under the laws of the United States or of | ||||||
12 | any State; or
| ||||||
13 | (5) has violated any provision of this Act or any rules | ||||||
14 | promulgated
hereunder, or any provision of the | ||||||
15 | Methamphetamine Precursor Control Act or rules promulgated | ||||||
16 | thereunder, whether or not he or she has been convicted of | ||||||
17 | such violation;
or
| ||||||
18 | (6) has failed to provide effective controls against | ||||||
19 | the diversion
of controlled substances in other than | ||||||
20 | legitimate medical, scientific or
industrial channels.
| ||||||
21 | (b) The Department of Financial and Professional | ||||||
22 | Regulation may limit
revocation or suspension of a registration | ||||||
23 | to the particular controlled
substance with respect to which | ||||||
24 | grounds for revocation or suspension
exist.
| ||||||
25 | (c) The Department of Financial and Professional | ||||||
26 | Regulation shall promptly
notify the Administration, the |
| |||||||
| |||||||
1 | Department of Human Services and the Department of State
Police | ||||||
2 | or their successor agencies, of all orders denying,
suspending | ||||||
3 | or revoking registration, all forfeitures of controlled
| ||||||
4 | substances, and all final court dispositions, if any, of such | ||||||
5 | denials,
suspensions, revocations or forfeitures.
| ||||||
6 | (d) If Federal registration of any registrant is suspended, | ||||||
7 | revoked,
refused renewal or refused issuance, then the | ||||||
8 | Department of Financial and Professional
Regulation shall | ||||||
9 | issue a notice and conduct a hearing in accordance
with Section | ||||||
10 | 305 of this Act.
| ||||||
11 | (Source: P.A. 93-626, eff. 12-23-03; 94-694, eff. 1-15-06.)
| ||||||
12 | (720 ILCS 570/305) (from Ch. 56 1/2, par. 1305)
| ||||||
13 | Sec. 305.
(a) Before denying, refusing renewal of, | ||||||
14 | suspending or revoking a
registration, the Department of | ||||||
15 | Financial and Professional Regulation shall serve upon
the | ||||||
16 | applicant or registrant, by registered mail at the address in | ||||||
17 | the
application or registration or by any other means | ||||||
18 | authorized under the
Civil Practice Law or Rules of the | ||||||
19 | Illinois Supreme Court for the service
of summons or subpoenas, | ||||||
20 | a notice of hearing to determine why registration
should not be | ||||||
21 | denied, refused renewal, suspended or revoked. The notice
shall | ||||||
22 | contain a statement of the basis therefor and shall call upon | ||||||
23 | the
applicant or registrant to appear before the Department of | ||||||
24 | Financial and Professional
Regulation at a reasonable time and | ||||||
25 | place. These proceedings shall be
conducted in accordance with |
| |||||||
| |||||||
1 | Sections 2105-5, 2105-15, 2105-100, 2105-105,
2105-110,
| ||||||
2 | 2105-115, 2105-120, 2105-125, 2105-175, and 2105-325
of the | ||||||
3 | Department of Financial and Professional Regulation Law (20 | ||||||
4 | ILCS 2105/2105-5,
2105/2105-15, 2105/2105-100, 2105/2105-105, | ||||||
5 | 2105/2105-110, 2105/2105-115,
2105/2105-120,
2105/2105-125, | ||||||
6 | 2105/2105-175, and 2105/2105-325),
without
regard to any | ||||||
7 | criminal prosecution or other proceeding. Except as
authorized | ||||||
8 | in subsection (c), proceedings to refuse renewal or
suspend or
| ||||||
9 | revoke registration shall not abate the existing registration, | ||||||
10 | which shall
remain in effect until the Department of Financial | ||||||
11 | and Professional Regulation has
held the hearing called for in | ||||||
12 | the notice and found, with input from the
appropriate licensure | ||||||
13 | or disciplinary board, that the registration
shall no longer | ||||||
14 | remain in effect.
| ||||||
15 | (b) The Secretary of the Department of Financial and | ||||||
16 | Professional Regulation Director may appoint an attorney duly
| ||||||
17 | licensed to practice law in the State of Illinois to serve as | ||||||
18 | the hearing
officer in any action to deny, refuse to renew, | ||||||
19 | suspend, or revoke, or take any
other disciplinary action with | ||||||
20 | regard to a registration. The hearing officer
shall have full | ||||||
21 | authority to conduct the hearing. The hearing officer shall
| ||||||
22 | report his or her findings and recommendations to the | ||||||
23 | appropriate licensure or
disciplinary board within 30 days | ||||||
24 | after receiving the record. The
Disciplinary Board shall have | ||||||
25 | 60 days from receipt of the report to review the
report of the | ||||||
26 | hearing officer and present its findings of fact, conclusions
|
| |||||||
| |||||||
1 | of law, and recommendations to the Secretary of the Department | ||||||
2 | of Financial and Professional Regulation Director .
| ||||||
3 | (c) If the Department of Financial and Professional | ||||||
4 | Regulation finds that
there is
an imminent danger to the public | ||||||
5 | health or safety by the continued
manufacture, distribution or | ||||||
6 | dispensing of controlled substances by the
registrant, the | ||||||
7 | Department of Financial and Professional Regulation may, upon | ||||||
8 | the
issuance of a written ruling stating the reasons for such | ||||||
9 | finding and
without notice or hearing, suspend such registrant. | ||||||
10 | The suspension shall
continue in effect for not more than 14 | ||||||
11 | days during which time the
registrant shall be given a hearing | ||||||
12 | on the issues involved in the
suspension. If after the hearing, | ||||||
13 | and after
input from the appropriate licensure or disciplinary | ||||||
14 | board,
the Department of Financial and Professional Regulation
| ||||||
15 | finds that the public health
or safety requires the suspension | ||||||
16 | to remain in effect it shall so remain
until the ruling is | ||||||
17 | terminated by its own terms or subsequent ruling or is
| ||||||
18 | dissolved by a circuit court upon determination that the
| ||||||
19 | suspension was wholly without basis in fact and law.
| ||||||
20 | (d) If, after a hearing as provided in subsection (a), the
| ||||||
21 | Department of Financial and
Professional Regulation
finds that | ||||||
22 | a registration should be refused
renewal, suspended or revoked, | ||||||
23 | a written ruling to that effect shall be
entered. The | ||||||
24 | Department of Financial and Professional Regulation's ruling | ||||||
25 | shall remain
in effect until the ruling is terminated by its | ||||||
26 | own terms or subsequent
ruling or is dissolved by a circuit |
| |||||||
| |||||||
1 | court upon a determination that the
refusal to renew suspension | ||||||
2 | or revocation was wholly without basis in fact and
law.
| ||||||
3 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
4 | (720 ILCS 570/306) (from Ch. 56 1/2, par. 1306)
| ||||||
5 | Sec. 306. Every practitioner and person who is required | ||||||
6 | under
this Act to be registered to manufacture, distribute or | ||||||
7 | dispense controlled
substances or purchase, store, or | ||||||
8 | administer euthanasia drugs under this
Act shall keep records | ||||||
9 | and maintain inventories in
conformance with the recordkeeping | ||||||
10 | and inventory requirements of the laws
of the United States and | ||||||
11 | with any additional rules and forms issued by the
Department of | ||||||
12 | Financial and Professional Regulation.
| ||||||
13 | (Source: P.A. 93-626, eff. 12-23-03.)
| ||||||
14 | (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
| ||||||
15 | Sec. 309. On or after April 1, 2000, no person shall issue | ||||||
16 | a
prescription for a Schedule II
controlled substance, which is | ||||||
17 | a narcotic drug listed in Section 202 206 of
this Act ; or which | ||||||
18 | contains any quantity of amphetamine or
methamphetamine, their | ||||||
19 | salts, optical isomers or salts of optical
isomers; | ||||||
20 | phenmetrazine and its salts; gluthethimide; and pentazocine , | ||||||
21 | other than on a written
prescription; provided
that in the case | ||||||
22 | of an emergency, epidemic or a
sudden or unforeseen accident or | ||||||
23 | calamity, the prescriber may issue a
lawful oral prescription | ||||||
24 | where failure to
issue such a prescription might result in
loss |
| |||||||
| |||||||
1 | of life or intense suffering, but such oral prescription shall
| ||||||
2 | include a statement by the prescriber concerning the accident
| ||||||
3 | or calamity, or circumstances constituting the emergency, the | ||||||
4 | cause for
which an oral prescription was used. Within
7 days | ||||||
5 | after issuing an
emergency prescription, the prescriber shall | ||||||
6 | cause a written prescription for
the emergency quantity | ||||||
7 | prescribed to be delivered to
the dispensing pharmacist. The | ||||||
8 | prescription shall have written on its face
"Authorization for | ||||||
9 | Emergency Dispensing", and the date of the emergency
| ||||||
10 | prescription. The written prescription
may be delivered to the | ||||||
11 | pharmacist in person, or by mail, but if delivered
by mail it | ||||||
12 | must be postmarked within the 7-day period. Upon
receipt, the
| ||||||
13 | dispensing pharmacist shall attach this prescription to the | ||||||
14 | emergency oral
prescription earlier received and
reduced to | ||||||
15 | writing. The dispensing pharmacist shall notify the Department | ||||||
16 | of Financial and Professional Regulation
Human Services if the | ||||||
17 | prescriber
fails to deliver the authorization for emergency | ||||||
18 | dispensing on the
prescription to him or her . Failure of the | ||||||
19 | dispensing pharmacist to do so
shall void the authority | ||||||
20 | conferred by this paragraph to dispense without a
written | ||||||
21 | prescription of a
prescriber. All prescriptions issued for | ||||||
22 | Schedule II controlled substances
shall include both a written | ||||||
23 | and numerical notation of quantity on the face
of the | ||||||
24 | prescription. No prescription for a Schedule II controlled | ||||||
25 | substance
may
be refilled. The Department shall provide, at no | ||||||
26 | cost, audit reviews and necessary information to the Department |
| |||||||
| |||||||
1 | of Financial and Professional Regulation in conjunction with | ||||||
2 | ongoing investigations being conducted in whole or part by the | ||||||
3 | Department of Financial and Professional Regulation.
| ||||||
4 | (Source: P.A. 95-689, eff. 10-29-07.)
| ||||||
5 | (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
| ||||||
6 | Sec. 312. Requirements for dispensing controlled | ||||||
7 | substances.
| ||||||
8 | (a) A practitioner, in good faith, may dispense a Schedule
| ||||||
9 | II controlled substance, which is a narcotic drug listed in | ||||||
10 | Section 202 206
of this Act , ; or which contains any quantity | ||||||
11 | of amphetamine or
methamphetamine, their salts, optical | ||||||
12 | isomers or salts of optical
isomers; phenmetrazine and its | ||||||
13 | salts; or pentazocine; and Schedule III, IV, or V controlled | ||||||
14 | substances
to any person upon
a written prescription of any | ||||||
15 | prescriber, dated and signed
by the
person prescribing on the | ||||||
16 | day when issued and bearing the name and
address of the patient | ||||||
17 | for whom, or the owner of the animal for which
the controlled | ||||||
18 | substance is dispensed, and the full name, address and
registry | ||||||
19 | number under the laws of the United States relating to
| ||||||
20 | controlled substances of the prescriber, if he or she is
| ||||||
21 | required by
those laws to be registered. If the prescription is | ||||||
22 | for an animal it
shall state the species of animal for which it | ||||||
23 | is ordered. The
practitioner filling the prescription shall , | ||||||
24 | unless otherwise allowed, write the date of filling
and his or | ||||||
25 | her own signature on the face of the written prescription.
The |
| |||||||
| |||||||
1 | written prescription shall be
retained on file by the | ||||||
2 | practitioner who filled it or pharmacy in which
the | ||||||
3 | prescription was filled for a period of 2 years, so as to be | ||||||
4 | readily
accessible for inspection or removal by any officer or | ||||||
5 | employee engaged
in the enforcement of this Act. Whenever the | ||||||
6 | practitioner's or
pharmacy's copy of any prescription is | ||||||
7 | removed by an officer or
employee engaged in the enforcement of | ||||||
8 | this Act, for the purpose of
investigation or as evidence, such | ||||||
9 | officer or employee shall give to the
practitioner or pharmacy | ||||||
10 | a receipt in lieu thereof. A Schedule II prescription may be | ||||||
11 | issued for one 30 day period. A second and third, 30 day | ||||||
12 | prescription for the same medication may be entered by the | ||||||
13 | prescriber on the same prescription blank or form. The | ||||||
14 | dispenser may, for insurance or other reimbursement purposes | ||||||
15 | enter the prescription as a 90 day supply, but the dispenser | ||||||
16 | may only partial fill up to a maximum of a 30 day supply at a | ||||||
17 | time. The prescriber or dispenser may further limit the | ||||||
18 | quantity dispensed based upon the medical condition of the | ||||||
19 | patient. The dispenser is not prohibited from charging a | ||||||
20 | dispensing fee for each instance in which medication is | ||||||
21 | dispensed under a single prescription as described above. If | ||||||
22 | the specific prescription is machine or computer generated at | ||||||
23 | the prescriber's office, the date does not need to be | ||||||
24 | handwritten. A prescription
for a Schedule II controlled | ||||||
25 | substance shall not be filled more than 7 days
after the date | ||||||
26 | of issuance. A written prescription for Schedule III, IV or
V |
| |||||||
| |||||||
1 | controlled substances shall not be filled or refilled more than | ||||||
2 | 6 months
after the date thereof or refilled more than 5 times | ||||||
3 | unless renewed, in
writing, by the prescriber.
| ||||||
4 | (b) In lieu of a written prescription required by this | ||||||
5 | Section, a
pharmacist, in good faith, may dispense Schedule | ||||||
6 | III, IV, or V
substances to any person either upon receiving a | ||||||
7 | facsimile of a written,
signed prescription transmitted by the | ||||||
8 | prescriber or the prescriber's agent
or upon a lawful oral | ||||||
9 | prescription of a
prescriber which oral prescription shall be | ||||||
10 | reduced
promptly to
writing by the pharmacist and such written | ||||||
11 | memorandum thereof shall be
dated on the day when such oral | ||||||
12 | prescription is received by the
pharmacist and shall bear the | ||||||
13 | full name and address of the ultimate user
for whom, or of the | ||||||
14 | owner of the animal for which the controlled
substance is | ||||||
15 | dispensed, and the full name, address, and registry number
| ||||||
16 | under the law of the United States relating to controlled | ||||||
17 | substances of
the prescriber prescribing if he or she is | ||||||
18 | required by those laws
to be so
registered, and the pharmacist | ||||||
19 | filling such oral prescription shall
write the date of filling | ||||||
20 | and his or her own signature on the face of such
written | ||||||
21 | memorandum thereof. The facsimile copy of the prescription or
| ||||||
22 | written memorandum of the oral
prescription shall be retained | ||||||
23 | on file by the proprietor of the pharmacy
in which it is filled | ||||||
24 | for a period of not less than two years, so as to
be readily | ||||||
25 | accessible for inspection by any officer or employee engaged
in | ||||||
26 | the enforcement of this Act in the same manner as a written
|
| |||||||
| |||||||
1 | prescription. The facsimile copy of the prescription or oral | ||||||
2 | prescription
and the written memorandum thereof
shall not be | ||||||
3 | filled or refilled more than 6 months after the date
thereof or | ||||||
4 | be refilled more than 5 times, unless renewed, in writing, by
| ||||||
5 | the prescriber.
| ||||||
6 | (c) Except for any non-prescription targeted | ||||||
7 | methamphetamine precursor regulated by the Methamphetamine | ||||||
8 | Precursor Control Act, a
controlled substance included in | ||||||
9 | Schedule V shall not be
distributed or dispensed other than for | ||||||
10 | a medical purpose and not for
the purpose of evading this Act, | ||||||
11 | and then:
| ||||||
12 | (1) only personally by a person registered to dispense | ||||||
13 | a Schedule V
controlled substance and then only to his or | ||||||
14 | her patients, or
| ||||||
15 | (2) only personally by a pharmacist, and then only to a | ||||||
16 | person over
21 years of age who has identified himself or | ||||||
17 | herself to the pharmacist by means of
2 positive documents | ||||||
18 | of identification.
| ||||||
19 | (3) the dispenser shall record the name and address of | ||||||
20 | the
purchaser, the name and quantity of the product, the | ||||||
21 | date and time of
the sale, and the dispenser's signature.
| ||||||
22 | (4) no person shall purchase or be dispensed more than | ||||||
23 | 120
milliliters or more than 120 grams of any Schedule V | ||||||
24 | substance which
contains codeine, dihydrocodeine, or any | ||||||
25 | salts thereof, or
ethylmorphine, or any salts thereof, in | ||||||
26 | any 96 hour period. The
purchaser shall sign a form, |
| |||||||
| |||||||
1 | approved by the Department of Financial and Professional
| ||||||
2 | Regulation, attesting that he or she has not purchased any | ||||||
3 | Schedule V
controlled substances within the immediately | ||||||
4 | preceding 96 hours.
| ||||||
5 | (5) (Blank). a copy of the records of sale, including | ||||||
6 | all information
required by paragraph (3), shall be | ||||||
7 | forwarded to the Department of
Professional Regulation at | ||||||
8 | its principal office by the 15th day of the following | ||||||
9 | month.
| ||||||
10 | (6) all records of purchases and sales shall be | ||||||
11 | maintained for not
less than 2 years.
| ||||||
12 | (7) no person shall obtain or attempt to obtain within | ||||||
13 | any
consecutive 96 hour period any Schedule V substances of | ||||||
14 | more than 120
milliliters or more than 120 grams containing | ||||||
15 | codeine, dihydrocodeine or
any of its salts, or | ||||||
16 | ethylmorphine or any of its salts. Any person
obtaining any | ||||||
17 | such preparations or combination of preparations in excess
| ||||||
18 | of this limitation shall be in unlawful possession of such | ||||||
19 | controlled
substance.
| ||||||
20 | (8) a person qualified to dispense controlled | ||||||
21 | substances under this
Act and registered thereunder shall | ||||||
22 | at no time maintain or keep in stock
a quantity of Schedule | ||||||
23 | V controlled substances defined and listed in
Section 212 | ||||||
24 | (b) (1), (2) or (3) in excess of 4.5 liters for each
| ||||||
25 | substance; a pharmacy shall at no time maintain or keep in | ||||||
26 | stock a
quantity of Schedule V controlled substances as |
| |||||||
| |||||||
1 | defined in excess of 4.5
liters for each substance, plus | ||||||
2 | the additional quantity of controlled
substances necessary | ||||||
3 | to fill the largest number of prescription orders
filled by | ||||||
4 | that pharmacy for such controlled substances in any one | ||||||
5 | week
in the previous year. These limitations shall not | ||||||
6 | apply to Schedule V
controlled substances which Federal law | ||||||
7 | prohibits from being dispensed
without a prescription.
| ||||||
8 | (9) no person shall distribute or dispense butyl | ||||||
9 | nitrite for
inhalation or other introduction into the human | ||||||
10 | body for euphoric or
physical effect.
| ||||||
11 | (d) Every practitioner shall keep a record of controlled | ||||||
12 | substances
received by him or her and a record of all such | ||||||
13 | controlled substances
administered, dispensed or | ||||||
14 | professionally used by him or her otherwise than by
| ||||||
15 | prescription. It shall, however, be sufficient compliance with | ||||||
16 | this
paragraph if any practitioner utilizing controlled | ||||||
17 | substances listed in
Schedules III, IV and V shall keep a | ||||||
18 | record of all those substances
dispensed and distributed by him | ||||||
19 | or her other than those controlled substances
which are | ||||||
20 | administered by the direct application of a controlled
| ||||||
21 | substance, whether by injection, inhalation, ingestion, or any | ||||||
22 | other
means to the body of a patient or research subject. A | ||||||
23 | practitioner who
dispenses, other than by administering, a | ||||||
24 | Schedule II controlled substance in
Schedule II, which is a | ||||||
25 | narcotic drug listed in Section 206 of this Act,
or which | ||||||
26 | contains any quantity of amphetamine or methamphetamine, their
|
| |||||||
| |||||||
1 | salts, optical isomers or salts of optical isomers, | ||||||
2 | pentazocine, or
methaqualone shall do so only upon
the issuance | ||||||
3 | of a written prescription blank by a
prescriber.
| ||||||
4 | (e) Whenever a manufacturer distributes a controlled | ||||||
5 | substance in a
package prepared by him or her , and whenever a | ||||||
6 | wholesale distributor
distributes a controlled substance in a | ||||||
7 | package prepared by him or her or the
manufacturer, he or she | ||||||
8 | shall securely affix to each package in which that
substance is | ||||||
9 | contained a label showing in legible English the name and
| ||||||
10 | address of the manufacturer, the distributor and the quantity, | ||||||
11 | kind and
form of controlled substance contained therein. No | ||||||
12 | person except a
pharmacist and only for the purposes of filling | ||||||
13 | a prescription under
this Act, shall alter, deface or remove | ||||||
14 | any label so affixed.
| ||||||
15 | (f) Whenever a practitioner dispenses any controlled | ||||||
16 | substance except a non-prescription targeted methamphetamine | ||||||
17 | precursor regulated by the Methamphetamine Precursor Control | ||||||
18 | Act, he or she
shall affix to the container in which such | ||||||
19 | substance is sold or
dispensed, a label indicating the date of | ||||||
20 | initial filling, the practitioner's
name and address, the name
| ||||||
21 | of the patient, the name of the prescriber,
the directions
for | ||||||
22 | use and cautionary statements, if any, contained in any | ||||||
23 | prescription
or required by law, the proprietary name or names | ||||||
24 | or the established name
of the controlled substance, and the | ||||||
25 | dosage and quantity, except as otherwise
authorized by | ||||||
26 | regulation by the Department of Financial and Professional |
| |||||||
| |||||||
1 | Regulation. No
person shall alter, deface or remove any label | ||||||
2 | so affixed as long as any of the specific medication remains in | ||||||
3 | the container .
| ||||||
4 | (g) A person to whom or for whose use any controlled | ||||||
5 | substance has
been prescribed or dispensed by a practitioner, | ||||||
6 | or other persons
authorized under this Act, and the owner of | ||||||
7 | any animal for which such
substance has been prescribed or | ||||||
8 | dispensed by a veterinarian, may
lawfully possess such | ||||||
9 | substance only in the container in which it was
delivered to | ||||||
10 | him or her by the person dispensing such substance.
| ||||||
11 | (h) The responsibility for the proper prescribing or | ||||||
12 | dispensing of
controlled substances that are under the | ||||||
13 | prescriber's direct control is upon the prescriber . The and the | ||||||
14 | responsibility for
the proper filling of a prescription for | ||||||
15 | controlled substance drugs
rests with the pharmacist. An order | ||||||
16 | purporting to be a prescription
issued to any individual, which | ||||||
17 | is not in the regular course of
professional treatment nor part | ||||||
18 | of an authorized methadone maintenance
program, nor in | ||||||
19 | legitimate and authorized research instituted by any
| ||||||
20 | accredited hospital, educational institution, charitable | ||||||
21 | foundation, or
federal, state or local governmental agency, and | ||||||
22 | which is intended to
provide that individual with controlled | ||||||
23 | substances sufficient to
maintain that individual's or any | ||||||
24 | other individual's physical or
psychological addiction, | ||||||
25 | habitual or customary use, dependence, or
diversion of that | ||||||
26 | controlled substance is not a prescription within the
meaning |
| |||||||
| |||||||
1 | and intent of this Act; and the person issuing it, shall be
| ||||||
2 | subject to the penalties provided for violations of the law | ||||||
3 | relating to
controlled substances.
| ||||||
4 | (i) A prescriber shall not preprint or cause to be
| ||||||
5 | preprinted a
prescription for any controlled substance; nor | ||||||
6 | shall any practitioner
issue, fill or cause to be issued or | ||||||
7 | filled, a preprinted prescription
for any controlled | ||||||
8 | substance. In order to avoid handwriting errors a prescriber | ||||||
9 | may use a machine or computer type device to individually | ||||||
10 | generate a printed prescription or electronically transmit a | ||||||
11 | prescription to a dispenser of the patient's choice; however, | ||||||
12 | the prescriber is still required to affix his or her original | ||||||
13 | or approved, secure electronic signature to the prescription.
| ||||||
14 | (j) No person shall manufacture, dispense, deliver, | ||||||
15 | possess with
intent to deliver, prescribe, or administer or | ||||||
16 | cause to be administered
under his or her direction any | ||||||
17 | anabolic steroid, for any use in humans other than
the | ||||||
18 | treatment of disease in accordance with the order of a | ||||||
19 | physician licensed
to practice medicine in all its branches for | ||||||
20 | a
valid medical purpose in the course of professional practice. | ||||||
21 | The use of
anabolic steroids for the purpose of hormonal | ||||||
22 | manipulation that is intended
to increase muscle mass, strength | ||||||
23 | or weight without a medical necessity to
do so, or for the | ||||||
24 | intended purpose of improving physical appearance or
| ||||||
25 | performance in any form of exercise, sport, or game, is not a | ||||||
26 | valid medical
purpose or in the course of professional |
| |||||||
| |||||||
1 | practice.
| ||||||
2 | (k) As allowed by the federal electronic signature statute | ||||||
3 | or administrative rule, a prescriber may establish with any | ||||||
4 | dispenser an approved, secure electronic signature, which | ||||||
5 | shall have the effect of an original signature for any | ||||||
6 | prescription. | ||||||
7 | (l) If an electronic signature authorization is | ||||||
8 | established between a prescriber and a dispenser, the | ||||||
9 | prescriber may electronically transmit a prescription on a | ||||||
10 | secure connection between the prescriber and the dispenser. | ||||||
11 | (m) An electronically presented prescription may only be | ||||||
12 | used with established patients. | ||||||
13 | (n) A prescriber's first-time patient may only use a | ||||||
14 | prescription prepared in the prescriber's office. | ||||||
15 | (o) In the case of a prescription for a Schedule II | ||||||
16 | medication which has an electronic signature of the prescriber, | ||||||
17 | the dispenser must confirm the prescription by means of | ||||||
18 | telephone or facsimile or other one-to-one contact with the | ||||||
19 | prescriber. The dispenser must note the name of the individual | ||||||
20 | contacted and the date and time on the prescription. | ||||||
21 | (p) Failure to comply with the law regarding the electronic | ||||||
22 | signature or the electronically presented prescription shall | ||||||
23 | be considered a deceptive practice. | ||||||
24 | (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)
| ||||||
25 | (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
|
| |||||||
| |||||||
1 | Sec. 313. (a) Controlled substances which are lawfully | ||||||
2 | administered in
hospitals or institutions licensed under the | ||||||
3 | "Hospital Licensing Act" shall
be exempt from the requirements | ||||||
4 | of Sections 312 and 316 except
that the
prescription for the | ||||||
5 | controlled substance shall be in writing on the
patient's | ||||||
6 | record, signed by the prescriber, dated, and shall state the
| ||||||
7 | name, and quantity of controlled substances ordered and the | ||||||
8 | quantity
actually administered. The records of such | ||||||
9 | prescriptions shall be
maintained for two years and shall be | ||||||
10 | available for inspection by officers
and employees of the | ||||||
11 | Department of State Police, and the Department of Financial and
| ||||||
12 | Professional Regulation.
| ||||||
13 | (b) Controlled substances that can lawfully be | ||||||
14 | administered or dispensed
directly to a patient in a long-term | ||||||
15 | care facility licensed by the Department
of Public Health as a | ||||||
16 | skilled nursing facility, intermediate care facility, or
| ||||||
17 | long-term care facility for residents under 22 years of age, | ||||||
18 | are exempt from
the requirements of Section 312 except that a | ||||||
19 | prescription
for a
Schedule II controlled substance must be | ||||||
20 | either a written prescription signed
by the prescriber or a | ||||||
21 | written prescription transmitted by the prescriber or
| ||||||
22 | prescriber's agent to the dispensing pharmacy by facsimile. The
| ||||||
23 | facsimile serves as the original prescription and must be | ||||||
24 | maintained for 2
years from the date of issue in the same | ||||||
25 | manner as a written prescription
signed by the prescriber.
| ||||||
26 | (c) A prescription that is originated written for a |
| |||||||
| |||||||
1 | Schedule II controlled substance
to be compounded for direct | ||||||
2 | administration by parenteral, intravenous,
intramuscular, | ||||||
3 | subcutaneous, or intraspinal infusion to a patient in a private
| ||||||
4 | residence, long-term care facility, or hospice program
may be | ||||||
5 | transmitted by
facsimile by the prescriber or the prescriber's | ||||||
6 | agent to the pharmacy providing
the home infusion services. The | ||||||
7 | facsimile serves as the original written
prescription for | ||||||
8 | purposes of this paragraph (c) and it shall be maintained in
| ||||||
9 | the same manner as the original written prescription.
| ||||||
10 | (c-1) A prescription generated written for a Schedule II | ||||||
11 | controlled substance for a
patient residing in a hospice | ||||||
12 | certified by Medicare under Title XVIII of the
Social Security | ||||||
13 | Act or
licensed by the State may be transmitted by the | ||||||
14 | practitioner or the
practitioner's
agent to the dispensing | ||||||
15 | pharmacy by facsimile. The practitioner or
practitioner's
| ||||||
16 | agent must note on the prescription that the patient is a | ||||||
17 | hospice patient. The
facsimile serves as the original written | ||||||
18 | prescription for purposes of this
paragraph (c-1) and it shall | ||||||
19 | be maintained in the same manner as the original
written | ||||||
20 | prescription.
| ||||||
21 | (d) Controlled substances which are lawfully administered
| ||||||
22 | and/or dispensed
in drug abuse treatment programs licensed by | ||||||
23 | the Department shall be exempt
from the requirements of | ||||||
24 | Sections 312 and 316, except that the
prescription
for such | ||||||
25 | controlled substances shall be issued and authenticated
on | ||||||
26 | official prescription logs prepared and supplied by the |
| |||||||
| |||||||
1 | Department.
The official prescription logs issued by the | ||||||
2 | Department shall be printed
in triplicate on distinctively | ||||||
3 | marked paper and furnished to programs at
reasonable cost. The | ||||||
4 | official prescription logs furnished to the programs
shall | ||||||
5 | contain, in preprinted form, such information as the Department | ||||||
6 | may
require. The official prescription logs shall be properly | ||||||
7 | endorsed by a
physician licensed to practice medicine in all | ||||||
8 | its branches issuing the
order, with his or her own signature | ||||||
9 | and the date of
ordering, and further endorsed by the | ||||||
10 | practitioner actually administering
or dispensing the dosage | ||||||
11 | at the time of such administering or dispensing in
accordance | ||||||
12 | with requirements issued by the Department. The duplicate copy
| ||||||
13 | shall be retained by the program for a period of not less than | ||||||
14 | three years
nor more than seven years; the original and | ||||||
15 | triplicate copy shall be
returned to the Department at its | ||||||
16 | principal office in accordance with
requirements set forth by | ||||||
17 | the Department.
| ||||||
18 | (Source: P.A. 95-442, eff. 1-1-08.)
| ||||||
19 | (720 ILCS 570/318)
| ||||||
20 | Sec. 318. Confidentiality of information.
| ||||||
21 | (a) Information received by the central repository under | ||||||
22 | Section 316 and 321
is confidential.
| ||||||
23 | (b) The Department must carry out a program to protect the
| ||||||
24 | confidentiality of the information described in subsection | ||||||
25 | (a). The Department
may
disclose the information to another |
| |||||||
| |||||||
1 | person only under
subsection (c), (d), or (f) and may charge a | ||||||
2 | fee not to exceed the actual cost
of
furnishing the
| ||||||
3 | information.
| ||||||
4 | (c) The Department may disclose confidential information | ||||||
5 | described
in subsection (a) to any person who is engaged in | ||||||
6 | receiving, processing, or
storing the information.
| ||||||
7 | (d) The Department may release confidential information | ||||||
8 | described
in subsection (a) to the following persons:
| ||||||
9 | (1) A governing body
that licenses practitioners and is | ||||||
10 | engaged in an investigation, an
adjudication,
or a | ||||||
11 | prosecution of a violation under any State or federal law | ||||||
12 | that involves a
controlled substance.
| ||||||
13 | (2) An investigator for the Consumer Protection | ||||||
14 | Division of the office of
the Attorney General, a | ||||||
15 | prosecuting attorney, the Attorney General, a deputy
| ||||||
16 | Attorney General, or an investigator from the office of the | ||||||
17 | Attorney General,
who is engaged in any of the following | ||||||
18 | activities involving controlled
substances:
| ||||||
19 | (A) an investigation;
| ||||||
20 | (B) an adjudication; or
| ||||||
21 | (C) a prosecution
of a violation under any State or | ||||||
22 | federal law that involves a controlled
substance.
| ||||||
23 | (3) A law enforcement officer who is:
| ||||||
24 | (A) authorized by the Department of State Police or | ||||||
25 | the office of a county sheriff or State's Attorney or
| ||||||
26 | municipal police department of Illinois to receive
|
| |||||||
| |||||||
1 | information
of the type requested for the purpose of | ||||||
2 | investigations involving controlled
substances; or
| ||||||
3 | (B) approved by the Department to receive | ||||||
4 | information of the
type requested for the purpose of | ||||||
5 | investigations involving controlled
substances; and
| ||||||
6 | (C) engaged in the investigation or prosecution of | ||||||
7 | a violation
under
any State or federal law that | ||||||
8 | involves a controlled substance.
| ||||||
9 | (e) Before the Department releases confidential | ||||||
10 | information under
subsection (d), the applicant must | ||||||
11 | demonstrate in writing to the Department that:
| ||||||
12 | (1) the applicant has reason to believe that a | ||||||
13 | violation under any
State or
federal law that involves a | ||||||
14 | controlled substance has occurred; and
| ||||||
15 | (2) the requested information is reasonably related to | ||||||
16 | the investigation,
adjudication, or prosecution of the | ||||||
17 | violation described in subdivision (1).
| ||||||
18 | (f) The Department may receive and release prescription | ||||||
19 | record information to:
| ||||||
20 | (1) a governing
body that licenses practitioners;
| ||||||
21 | (2) an investigator for the Consumer Protection | ||||||
22 | Division of the office of
the Attorney General, a | ||||||
23 | prosecuting attorney, the Attorney General, a deputy
| ||||||
24 | Attorney General, or an investigator from the office of the | ||||||
25 | Attorney General;
| ||||||
26 | (3) any Illinois law enforcement officer who is:
|
| |||||||
| |||||||
1 | (A) authorized to receive the type of
information | ||||||
2 | released; and
| ||||||
3 | (B) approved by the Department to receive the type | ||||||
4 | of
information released; or
| ||||||
5 | (4) prescription monitoring entities in other states | ||||||
6 | per the provisions outlined in subsection (g) and (h) | ||||||
7 | below;
| ||||||
8 | confidential prescription record information collected under | ||||||
9 | Sections 316 and 321 that identifies vendors or
practitioners, | ||||||
10 | or both, who are prescribing or dispensing large quantities of
| ||||||
11 | Schedule II, III, IV, or V controlled
substances outside the | ||||||
12 | scope of their practice, pharmacy, or business, as determined | ||||||
13 | by the Advisory Committee created by Section 320.
| ||||||
14 | (g) The information described in subsection (f) may not be | ||||||
15 | released until it
has been reviewed by an employee of the | ||||||
16 | Department who is licensed as a
prescriber or a dispenser
and | ||||||
17 | until that employee has certified
that further investigation is | ||||||
18 | warranted. However, failure to comply with this
subsection (g) | ||||||
19 | does not invalidate the use of any evidence that is otherwise
| ||||||
20 | admissible in a proceeding described in subsection (h).
| ||||||
21 | (h) An investigator or a law enforcement officer receiving | ||||||
22 | confidential
information under subsection (c), (d), or (f) may | ||||||
23 | disclose the information to a
law enforcement officer or an | ||||||
24 | attorney for the office of the Attorney General
for use as | ||||||
25 | evidence in the following:
| ||||||
26 | (1) A proceeding under any State or federal law that |
| |||||||
| |||||||
1 | involves a
controlled substance.
| ||||||
2 | (2) A criminal proceeding or a proceeding in juvenile | ||||||
3 | court that involves
a controlled substance.
| ||||||
4 | (i) The Department may compile statistical reports from the
| ||||||
5 | information described in subsection (a). The reports must not | ||||||
6 | include
information that identifies, by name, license or | ||||||
7 | address, any practitioner, dispenser, ultimate user, or other | ||||||
8 | person
administering a controlled substance.
| ||||||
9 | (j) Based upon federal, initial and maintenance funding, a | ||||||
10 | prescriber and dispenser inquiry system shall be developed to | ||||||
11 | assist the medical community in its goal of effective clinical | ||||||
12 | practice and to prevent patients from diverting or abusing | ||||||
13 | medications.
| ||||||
14 | (1) An inquirer shall have read-only access to a | ||||||
15 | stand-alone database which shall contain records for the | ||||||
16 | previous 6 months. | ||||||
17 | (2) Dispensers may, upon positive and secure | ||||||
18 | identification, make an inquiry on a patient or customer | ||||||
19 | solely for a medical purpose as delineated within the | ||||||
20 | federal HIPAA law. | ||||||
21 | (3) The Department shall provide a one-to-one secure | ||||||
22 | link and encrypted software necessary to establish the link | ||||||
23 | between an inquirer and the Department. Technical | ||||||
24 | assistance shall also be provided. | ||||||
25 | (4) Written inquiries are acceptable but must include | ||||||
26 | the fee and the requestor's Drug Enforcement |
| |||||||
| |||||||
1 | Administration license number and submitted upon the | ||||||
2 | requestor's business stationary. | ||||||
3 | (5) No data shall be stored in the database beyond 24 | ||||||
4 | months. | ||||||
5 | (6) Tracking analysis shall be established and used per | ||||||
6 | administrative rule. | ||||||
7 | (7) Nothing in this Act or Illinois law shall be | ||||||
8 | construed to require a prescriber or dispenser to make use | ||||||
9 | of this inquiry system.
| ||||||
10 | (8) If there is an adverse outcome because of a | ||||||
11 | prescriber or dispenser making an inquiry, which is | ||||||
12 | initiated in good faith, the prescriber or dispenser shall | ||||||
13 | be held harmless from any civil liability.
| ||||||
14 | (k) Based upon federal and initial and maintenance funding, | ||||||
15 | unless appropriated or otherwise authorized by the General | ||||||
16 | Assembly, a restricted and secure inquiry system shall be | ||||||
17 | developed to assist the law enforcement community in its goal | ||||||
18 | to enforce federal and State law as well as local ordinances | ||||||
19 | related to prescription medications. Criteria for the inquiry | ||||||
20 | system shall follow the criteria provided in subsection (j) | ||||||
21 | noted above, except that the records shall be for the previous | ||||||
22 | 24 months and with the addition that any person making an | ||||||
23 | inquiry must attest that said inquiry is strictly for the | ||||||
24 | purpose of conducting a probable cause investigation only. | ||||||
25 | (Source: P.A. 95-442, eff. 1-1-08.)
|
| |||||||
| |||||||
1 | (720 ILCS 570/405) (from Ch. 56 1/2, par. 1405)
| ||||||
2 | Sec. 405.
(a) Any person who engages in a calculated | ||||||
3 | criminal drug
conspiracy, as defined in subsection (b), is | ||||||
4 | guilty of a Class X felony.
The fine for violation of this | ||||||
5 | Section shall not be more than $500,000, and
the offender shall | ||||||
6 | be subject to the forfeitures prescribed in subsection
(c).
| ||||||
7 | (b) For purposes of this Section section , a person engages | ||||||
8 | in a calculated
criminal drug conspiracy when:
| ||||||
9 | (1) he or she violates any of the provisions of | ||||||
10 | subsection
(a) or (c) of
Section 401 or subsection (a) of | ||||||
11 | Section 402; and
| ||||||
12 | (2) such violation is a part of a conspiracy undertaken | ||||||
13 | or carried
on with two or more other persons; and
| ||||||
14 | (3) he or she obtains anything of value greater than | ||||||
15 | $500 from, or
organizes, directs or finances such violation | ||||||
16 | or conspiracy.
| ||||||
17 | (c) Any person who is convicted under this section of | ||||||
18 | engaging in a
calculated criminal drug conspiracy shall forfeit | ||||||
19 | to the State of
Illinois:
| ||||||
20 | (1) the receipts obtained by him or her in such | ||||||
21 | conspiracy; and
| ||||||
22 | (2) any of his or her interests in, claims against, | ||||||
23 | receipts from, or
property or rights of any kind affording | ||||||
24 | a source of influence over,
such conspiracy.
| ||||||
25 | (d) The circuit court may enter such injunctions, | ||||||
26 | restraining
orders, directions or prohibitions, or to take such |
| |||||||
| |||||||
1 | other actions,
including the acceptance of satisfactory | ||||||
2 | performance bonds, in
connection with any property, claim, | ||||||
3 | receipt, right or other interest
subject to forfeiture under | ||||||
4 | this Section, as it deems proper.
| ||||||
5 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
6 | (720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1)
| ||||||
7 | Sec. 405.1. (a) Elements of the offense. A person commits | ||||||
8 | criminal
drug conspiracy when, with the intent that an offense | ||||||
9 | set forth in Section
401, Section 402, or Section 407 of this | ||||||
10 | Act
be committed, he or she agrees with another to the | ||||||
11 | commission of that offense. No
person may be convicted of | ||||||
12 | conspiracy to commit such an offense unless an
act in | ||||||
13 | furtherance of such agreement is alleged and proved to have | ||||||
14 | been
committed by him or her or by a co-conspirator.
| ||||||
15 | (b) Co-conspirators. It shall not be a defense to | ||||||
16 | conspiracy that the
person or persons with whom the accused is | ||||||
17 | alleged to have conspired:
| ||||||
18 | (1) Has not been prosecuted or convicted, or
| ||||||
19 | (2) Has been convicted of a different offense, or
| ||||||
20 | (3) Is not amenable to justice, or
| ||||||
21 | (4) Has been acquitted, or
| ||||||
22 | (5) Lacked the capacity to commit an offense.
| ||||||
23 | (c) Sentence. A person convicted of criminal drug | ||||||
24 | conspiracy may be
fined or imprisoned or both, but any term of | ||||||
25 | imprisonment imposed shall be
not less than the minimum nor |
| |||||||
| |||||||
1 | more than the maximum
provided for the offense which is the | ||||||
2 | object of the conspiracy.
| ||||||
3 | (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98 .)
| ||||||
4 | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| ||||||
5 | Sec. 410. (a) Whenever any person who has not previously | ||||||
6 | been convicted
of, or placed on probation or court supervision | ||||||
7 | for any offense under this
Act or any law of the United States | ||||||
8 | or of any State relating to cannabis
or controlled substances, | ||||||
9 | pleads guilty to or is found guilty of possession
of a | ||||||
10 | controlled or counterfeit substance under subsection (c) of | ||||||
11 | Section
402 or of unauthorized possession of prescription form | ||||||
12 | under Section 406.2, the court, without entering a judgment and | ||||||
13 | with the consent of such
person, may sentence him or her to | ||||||
14 | probation.
| ||||||
15 | (b) When a person is placed on probation, the court shall | ||||||
16 | enter an order
specifying a period of probation of 24 months | ||||||
17 | and shall defer further
proceedings in the case until the | ||||||
18 | conclusion of the period or until the
filing of a petition | ||||||
19 | alleging violation of a term or condition of probation.
| ||||||
20 | (c) The conditions of probation shall be that the person: | ||||||
21 | (1) not
violate any criminal statute of any jurisdiction; (2) | ||||||
22 | refrain from
possessing a firearm or other dangerous weapon; | ||||||
23 | (3) submit to periodic drug
testing at a time and in a manner | ||||||
24 | as ordered by the court, but no less than 3
times during the | ||||||
25 | period of the probation, with the cost of the testing to be
|
| |||||||
| |||||||
1 | paid by the probationer; and (4) perform no less than 30 hours | ||||||
2 | of community
service, provided community service is available | ||||||
3 | in the jurisdiction and is
funded
and approved by the county | ||||||
4 | board.
| ||||||
5 | (d) The court may, in addition to other conditions, require | ||||||
6 | that the person:
| ||||||
7 | (1) make a report to and appear in person before or | ||||||
8 | participate with the
court or such courts, person, or | ||||||
9 | social service agency as directed by the
court in the order | ||||||
10 | of probation;
| ||||||
11 | (2) pay a fine and costs;
| ||||||
12 | (3) work or pursue a course of study or vocational
| ||||||
13 | training;
| ||||||
14 | (4) undergo medical or psychiatric treatment; or | ||||||
15 | treatment or
rehabilitation approved by the Illinois | ||||||
16 | Department of Human Services;
| ||||||
17 | (5) attend or reside in a facility established for the | ||||||
18 | instruction or
residence of defendants on probation;
| ||||||
19 | (6) support his or her dependents;
| ||||||
20 | (6-5) refrain from having in his or her body the | ||||||
21 | presence of any illicit
drug prohibited by the Cannabis | ||||||
22 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
23 | Methamphetamine Control and Community Protection Act, | ||||||
24 | unless prescribed by a physician, and submit samples of
his | ||||||
25 | or her blood or urine or both for tests to determine the | ||||||
26 | presence of any
illicit drug;
|
| |||||||
| |||||||
1 | (7) and in addition, if a minor:
| ||||||
2 | (i) reside with his or her parents or in a foster | ||||||
3 | home;
| ||||||
4 | (ii) attend school;
| ||||||
5 | (iii) attend a non-residential program for youth;
| ||||||
6 | (iv) contribute to his or her own support at home | ||||||
7 | or in a foster home.
| ||||||
8 | (e) Upon violation of a term or condition of probation, the | ||||||
9 | court
may enter a judgment on its original finding of guilt and | ||||||
10 | proceed as
otherwise provided.
| ||||||
11 | (f) Upon fulfillment of the terms and conditions of | ||||||
12 | probation, the court
shall discharge the person and dismiss the | ||||||
13 | proceedings against him or her .
| ||||||
14 | (g) A disposition of probation is considered to be a | ||||||
15 | conviction
for the purposes of imposing the conditions of | ||||||
16 | probation and for appeal,
however, discharge and dismissal | ||||||
17 | under this Section is not a conviction for
purposes of this Act | ||||||
18 | or for purposes of disqualifications or disabilities
imposed by | ||||||
19 | law upon conviction of a crime.
| ||||||
20 | (h) There may be only one discharge and dismissal under | ||||||
21 | this Section,
Section 10 of the Cannabis Control Act, or | ||||||
22 | Section 70 of the Methamphetamine Control and Community | ||||||
23 | Protection Act with respect to any person.
| ||||||
24 | (i) If a person is convicted of an offense under this Act, | ||||||
25 | the Cannabis
Control Act, or the Methamphetamine Control and | ||||||
26 | Community Protection Act within 5 years
subsequent to a |
| |||||||
| |||||||
1 | discharge and dismissal under this Section, the discharge and
| ||||||
2 | dismissal under this Section shall be admissible in the | ||||||
3 | sentencing proceeding
for that conviction
as evidence in | ||||||
4 | aggravation.
| ||||||
5 | (Source: P.A. 94-556, eff. 9-11-05; 95-487, eff. 1-1-08.)
| ||||||
6 | (720 ILCS 570/501) (from Ch. 56 1/2, par. 1501)
| ||||||
7 | Sec. 501.
(a) It is hereby made the duty of the Department | ||||||
8 | of Financial and
Professional Regulation and the Department of | ||||||
9 | State Police, and their
agents, officers, and investigators, to | ||||||
10 | enforce all
provisions of this Act, except those specifically | ||||||
11 | delegated, and to cooperate
with all agencies charged with the | ||||||
12 | enforcement of the laws of the United
States, or of any State, | ||||||
13 | relating to controlled substances. Only an agent,
officer, or | ||||||
14 | investigator designated by the Director may: (1)
for the | ||||||
15 | purpose of inspecting, copying, and verifying the correctness | ||||||
16 | of
records, reports or other documents required to be kept or | ||||||
17 | made under this Act
and otherwise facilitating the execution of | ||||||
18 | the functions of the Department of Financial and
Professional | ||||||
19 | Regulation or the Department of State Police, be
authorized in | ||||||
20 | accordance with this Section to enter controlled premises
and | ||||||
21 | to conduct administrative inspections thereof and of the things
| ||||||
22 | specified; or (2) execute and serve administrative inspection | ||||||
23 | notices,
warrants, subpoenas, and summonses under the | ||||||
24 | authority of this State.
Any inspection or administrative entry | ||||||
25 | of persons licensed by the
Department shall be made in |
| |||||||
| |||||||
1 | accordance with subsection (bb) of Section
30-5 of the | ||||||
2 | Alcoholism and Other Drug Abuse and
Dependency Act and the | ||||||
3 | rules and regulations promulgated thereunder.
| ||||||
4 | (b) Administrative entries and inspections designated in
| ||||||
5 | clause (1) of subsection (a) shall be carried out through | ||||||
6 | agents,
officers, investigators and peace officers | ||||||
7 | (hereinafter referred to as
"inspectors") designated by the | ||||||
8 | Director. Any inspector, upon stating
his or her purpose and | ||||||
9 | presenting to the owner, operator, or agent in
charge of the | ||||||
10 | premises (1) appropriate credentials and (2) a
written notice | ||||||
11 | of his or her inspection authority (which notice, in the
case | ||||||
12 | of an inspection requiring or in fact supported by an | ||||||
13 | administrative
inspection warrant, shall consist of that
| ||||||
14 | warrant), shall have the right to enter the premises and | ||||||
15 | conduct
the inspection at reasonable times.
| ||||||
16 | Inspectors appointed by the Director under this Section 501 | ||||||
17 | are
conservators of the peace and as such have all the powers | ||||||
18 | possessed by
policemen in cities and by sheriffs, except that | ||||||
19 | they may exercise such
powers anywhere in the State.
| ||||||
20 | (c) Except as may otherwise be indicated in an applicable | ||||||
21 | inspection
warrant, the inspector shall have the right:
| ||||||
22 | (1) to inspect and copy records, reports and other | ||||||
23 | documents
required to be kept or made under this Act;
| ||||||
24 | (2) to inspect, within reasonable limits and in a | ||||||
25 | reasonable
manner, controlled premises and all pertinent | ||||||
26 | equipment, finished and
unfinished drugs and other |
| |||||||
| |||||||
1 | substances or materials, containers and
labeling found | ||||||
2 | therein, and all other things therein (including
records, | ||||||
3 | files, papers, processes, controls and facilities) | ||||||
4 | appropriate
for verification of the records, reports and | ||||||
5 | documents referred to in
item (1) or otherwise bearing on | ||||||
6 | the provisions of this Act;
and
| ||||||
7 | (3) to inventory any stock of any controlled substance.
| ||||||
8 | (d) Except when the owner, operator, or agent in charge of | ||||||
9 | the
controlled premises so consents in writing, no inspection | ||||||
10 | authorized by
this Section shall extend to:
| ||||||
11 | (1) financial data;
| ||||||
12 | (2) sales data other than shipment data; or
| ||||||
13 | (3) pricing data.
| ||||||
14 | Any inspection or administrative entry of persons licensed | ||||||
15 | by the
Department shall be made in accordance with subsection | ||||||
16 | (bb) of Section
30-5 of the Alcoholism and Other Drug Abuse and
| ||||||
17 | Dependency Act and the rules and regulations
promulgated
| ||||||
18 | thereunder.
| ||||||
19 | (e) Any agent, officer, investigator or peace officer | ||||||
20 | designated by
the Director may (1) make seizure of
property | ||||||
21 | pursuant to the provisions of this Act; and (2) perform such
| ||||||
22 | other law enforcement duties as the Director shall designate. | ||||||
23 | It is
hereby made the duty of all State's Attorneys to | ||||||
24 | prosecute violations of
this Act and institute legal | ||||||
25 | proceedings as authorized under this Act.
| ||||||
26 | (Source: P.A. 88-670, eff. 12-2-94; 89-202, eff. 10-1-95.)
|
| |||||||
| |||||||
1 | (720 ILCS 570/501.1) (from Ch. 56 1/2, par. 1501.1)
| ||||||
2 | Sec. 501.1. Administrative Procedure Act. The Illinois | ||||||
3 | Administrative
Procedure Act is hereby expressly adopted and | ||||||
4 | incorporated herein, but shall
apply only to the Department of | ||||||
5 | Financial and Professional Regulation, as if all of the
| ||||||
6 | provisions of that Act were included in this Act, except that | ||||||
7 | the provision of
subsection (d) of Section 10-65 of the | ||||||
8 | Illinois Administrative Procedure Act
which provides that at | ||||||
9 | hearings the licensee has the right to show compliance
with all | ||||||
10 | lawful requirements for retention, continuation or renewal of | ||||||
11 | the
license is specifically excluded. For the purposes of this | ||||||
12 | Act the notice
required under Section 10-25 of the Illinois | ||||||
13 | Administrative Procedure Act is
deemed sufficient when mailed | ||||||
14 | to the last known address of a party.
| ||||||
15 | (Source: P.A. 88-45.)
| ||||||
16 | (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
| ||||||
17 | Sec. 505. (a) The following are subject to forfeiture:
| ||||||
18 | (1) all substances which have been manufactured, | ||||||
19 | distributed,
dispensed, or possessed in violation of this | ||||||
20 | Act;
| ||||||
21 | (2) all raw materials, products and equipment of any | ||||||
22 | kind which are
used, or intended for use in manufacturing, | ||||||
23 | distributing, dispensing,
administering or possessing any | ||||||
24 | substance in violation of this Act;
|
| |||||||
| |||||||
1 | (3) all conveyances, including aircraft, vehicles or | ||||||
2 | vessels, which are
used, or intended for use, to transport, | ||||||
3 | or in any manner to facilitate
the transportation, sale, | ||||||
4 | receipt, possession, or concealment of property
described | ||||||
5 | in paragraphs (1) and (2), but:
| ||||||
6 | (i) no conveyance used by any person as a common | ||||||
7 | carrier in the
transaction of business as a common | ||||||
8 | carrier is subject to forfeiture under
this Section | ||||||
9 | unless it appears that the owner or other person in | ||||||
10 | charge of
the conveyance is a consenting party or privy | ||||||
11 | to a violation of this Act;
| ||||||
12 | (ii) no conveyance is subject to forfeiture under | ||||||
13 | this Section by reason
of any act or omission which the | ||||||
14 | owner proves to have been committed or
omitted without | ||||||
15 | his or her knowledge or consent;
| ||||||
16 | (iii) a forfeiture of a conveyance encumbered by a | ||||||
17 | bona fide security
interest is subject to the interest | ||||||
18 | of the secured party if he or she neither had
knowledge | ||||||
19 | of nor consented to the act or omission;
| ||||||
20 | (4) all money, things of value, books, records, and | ||||||
21 | research
products and materials including formulas, | ||||||
22 | microfilm, tapes, and data which
are used, or intended to | ||||||
23 | be used in violation of this Act;
| ||||||
24 | (5) everything of value furnished, or intended to be | ||||||
25 | furnished, in
exchange for a substance in violation of this | ||||||
26 | Act, all proceeds traceable
to such an exchange, and all |
| |||||||
| |||||||
1 | moneys, negotiable instruments, and securities
used, or | ||||||
2 | intended to be used, to commit or in any manner to | ||||||
3 | facilitate
any violation of this Act;
| ||||||
4 | (6) all real property, including any right, title, and | ||||||
5 | interest
(including, but not limited to, any leasehold | ||||||
6 | interest or the beneficial
interest in a land trust) in the | ||||||
7 | whole of any lot or tract of land and any
appurtenances or | ||||||
8 | improvements, which is used or intended to be used, in any
| ||||||
9 | manner or part, to commit, or in any manner to facilitate | ||||||
10 | the commission
of, any violation or act that constitutes a | ||||||
11 | violation of Section 401 or 405
of this Act or that is the | ||||||
12 | proceeds of any violation or act that
constitutes a | ||||||
13 | violation of Section 401 or 405 of this Act.
| ||||||
14 | (b) Property subject to forfeiture under this Act may be | ||||||
15 | seized by the
Director or any peace officer upon process or | ||||||
16 | seizure warrant issued by
any court having jurisdiction over | ||||||
17 | the property. Seizure by the Director
or any peace officer | ||||||
18 | without process may be made:
| ||||||
19 | (1) if the seizure is incident to inspection under an | ||||||
20 | administrative
inspection warrant;
| ||||||
21 | (2) if the property subject to seizure has been the | ||||||
22 | subject of a prior
judgment in favor of the State in a | ||||||
23 | criminal proceeding, or in an injunction
or forfeiture | ||||||
24 | proceeding based upon this Act or the Drug Asset Forfeiture
| ||||||
25 | Procedure Act;
| ||||||
26 | (3) if there is probable cause to believe that the |
| |||||||
| |||||||
1 | property is directly
or indirectly dangerous to health or | ||||||
2 | safety;
| ||||||
3 | (4) if there is probable cause to believe that the | ||||||
4 | property is subject
to forfeiture under this Act and the | ||||||
5 | property is seized under
circumstances in which a | ||||||
6 | warrantless seizure or arrest would be reasonable; or
| ||||||
7 | (5) in accordance with the Code of Criminal Procedure | ||||||
8 | of 1963.
| ||||||
9 | (c) In the event of seizure pursuant to subsection (b), | ||||||
10 | forfeiture
proceedings shall be instituted in accordance with | ||||||
11 | the Drug
Asset Forfeiture Procedure Act.
| ||||||
12 | (d) Property taken or detained under this Section shall not | ||||||
13 | be subject
to replevin, but is deemed to be in the custody of | ||||||
14 | the Director subject
only to the order and judgments of the | ||||||
15 | circuit court having jurisdiction over
the forfeiture | ||||||
16 | proceedings and the decisions of the State's Attorney
under the | ||||||
17 | Drug Asset Forfeiture Procedure Act. When property is seized
| ||||||
18 | under this Act, the seizing agency shall promptly conduct an | ||||||
19 | inventory of
the seized property and estimate the property's | ||||||
20 | value, and shall forward a
copy of the inventory of seized | ||||||
21 | property and the estimate of the property's
value to the | ||||||
22 | Director. Upon receiving notice of seizure, the Director may:
| ||||||
23 | (1) place the property under seal;
| ||||||
24 | (2) remove the property to a place designated by the | ||||||
25 | Director;
| ||||||
26 | (3) keep the property in the possession of the seizing |
| |||||||
| |||||||
1 | agency;
| ||||||
2 | (4) remove the property to a storage area for | ||||||
3 | safekeeping or, if the
property is a negotiable instrument | ||||||
4 | or money and is not needed for
evidentiary purposes, | ||||||
5 | deposit it in an interest bearing account;
| ||||||
6 | (5) place the property under constructive seizure by | ||||||
7 | posting notice of
pending forfeiture on it, by giving | ||||||
8 | notice of pending forfeiture to its
owners and interest | ||||||
9 | holders, or by filing notice of pending forfeiture in
any | ||||||
10 | appropriate public record relating to the property; or
| ||||||
11 | (6) provide for another agency or custodian, including | ||||||
12 | an owner, secured
party, or lienholder, to take custody of | ||||||
13 | the property upon the terms and
conditions set by the | ||||||
14 | Director.
| ||||||
15 | (e) If the Department of Financial and Professional | ||||||
16 | Regulation suspends or revokes
a registration, all controlled | ||||||
17 | substances owned or possessed by the
registrant at the time of | ||||||
18 | suspension or the effective date of the
revocation order may be | ||||||
19 | placed under seal. No disposition may be made of
substances | ||||||
20 | under seal until the time for taking an appeal has elapsed or
| ||||||
21 | until all appeals have been concluded unless a court, upon | ||||||
22 | application
therefor, orders the sale of perishable substances | ||||||
23 | and the deposit of the
proceeds of the sale with the court. | ||||||
24 | Upon a revocation rule becoming final,
all substances may be | ||||||
25 | forfeited to the Department of Financial and Professional
| ||||||
26 | Regulation.
|
| |||||||
| |||||||
1 | (f) When property is forfeited under this Act the Director | ||||||
2 | shall
sell all such property unless such property is required | ||||||
3 | by law to be
destroyed or is harmful to the public, and shall | ||||||
4 | distribute the proceeds of
the sale, together with any moneys | ||||||
5 | forfeited or seized, in accordance
with subsection (g). | ||||||
6 | However, upon the application of the seizing agency or
| ||||||
7 | prosecutor who was responsible for the investigation, arrest or | ||||||
8 | arrests and
prosecution which lead to the forfeiture, the | ||||||
9 | Director may return any item
of forfeited property to the | ||||||
10 | seizing agency or prosecutor for official use
in the | ||||||
11 | enforcement of laws relating to cannabis or controlled | ||||||
12 | substances,
if the agency or prosecutor can demonstrate that | ||||||
13 | the item requested would
be useful to the agency or prosecutor | ||||||
14 | in their enforcement efforts. When any forfeited conveyance, | ||||||
15 | including an aircraft, vehicle, or vessel, is returned to the | ||||||
16 | seizing agency or prosecutor, the conveyance may be used | ||||||
17 | immediately in the enforcement of the criminal laws of this | ||||||
18 | State. Upon disposal, all proceeds from the sale of the | ||||||
19 | conveyance must be used for drug enforcement purposes. When
any | ||||||
20 | real property returned to the seizing agency is sold by the | ||||||
21 | agency or
its unit of government, the proceeds of the sale | ||||||
22 | shall be delivered to the
Director and distributed in | ||||||
23 | accordance with subsection (g).
| ||||||
24 | (g) All monies and the sale proceeds of all other property | ||||||
25 | forfeited and
seized under this Act shall be distributed as | ||||||
26 | follows:
|
| |||||||
| |||||||
1 | (1) 65% shall be distributed to the metropolitan | ||||||
2 | enforcement group,
local, municipal, county, or state law | ||||||
3 | enforcement agency or agencies which
conducted or | ||||||
4 | participated in the investigation resulting in the | ||||||
5 | forfeiture.
The distribution shall bear a reasonable | ||||||
6 | relationship to the degree of
direct participation of the | ||||||
7 | law enforcement agency in the effort resulting
in the | ||||||
8 | forfeiture, taking into account the total value of the | ||||||
9 | property
forfeited and the total law enforcement effort | ||||||
10 | with respect to the
violation of the law upon which the | ||||||
11 | forfeiture is based.
Amounts distributed to the agency or | ||||||
12 | agencies shall be used for the
enforcement of laws | ||||||
13 | governing cannabis and controlled substances or for | ||||||
14 | security cameras used for the prevention or detection of | ||||||
15 | violence, except that
amounts distributed to the Secretary | ||||||
16 | of State shall be deposited into the
Secretary of State | ||||||
17 | Evidence Fund to be used as provided in Section 2-115 of | ||||||
18 | the
Illinois Vehicle Code.
| ||||||
19 | (2)(i) 12.5% shall be distributed to the Office of the | ||||||
20 | State's
Attorney of the county in which the prosecution | ||||||
21 | resulting in the forfeiture
was instituted, deposited in a | ||||||
22 | special fund in the county treasury and
appropriated to the | ||||||
23 | State's Attorney for use in the enforcement of laws
| ||||||
24 | governing cannabis and controlled substances. In counties | ||||||
25 | over 3,000,000
population, 25% will be distributed to the | ||||||
26 | Office of the State's Attorney for
use in the
enforcement |
| |||||||
| |||||||
1 | of laws governing cannabis and controlled substances. If | ||||||
2 | the
prosecution is undertaken solely by the Attorney | ||||||
3 | General, the portion
provided hereunder shall be | ||||||
4 | distributed to the Attorney General for use in
the | ||||||
5 | enforcement of laws governing cannabis and controlled | ||||||
6 | substances.
| ||||||
7 | (ii) 12.5% shall be distributed to the Office of the | ||||||
8 | State's Attorneys
Appellate Prosecutor and deposited in | ||||||
9 | the Narcotics Profit Forfeiture Fund
of that office to be | ||||||
10 | used for additional expenses incurred in the
| ||||||
11 | investigation, prosecution and appeal of cases arising | ||||||
12 | under laws governing
cannabis and controlled substances. | ||||||
13 | The Office of the State's Attorneys
Appellate Prosecutor | ||||||
14 | shall not receive distribution from cases brought in
| ||||||
15 | counties with over 3,000,000 population.
| ||||||
16 | (3) 10% shall be retained by the Department of State | ||||||
17 | Police for expenses
related to the administration and sale | ||||||
18 | of seized and forfeited property.
| ||||||
19 | (h) Species of plants from which controlled substances in | ||||||
20 | Schedules I
and II may be derived which have been planted or | ||||||
21 | cultivated in violation of
this Act, or of which the owners or | ||||||
22 | cultivators are unknown, or which are
wild growths, may be | ||||||
23 | seized and summarily forfeited to the State. The
failure, upon | ||||||
24 | demand by the Director or any peace officer, of the person in
| ||||||
25 | occupancy or in control of land or premises upon which the | ||||||
26 | species of
plants are growing or being stored, to produce |
| |||||||
| |||||||
1 | registration, or proof that
he or she is the holder thereof, | ||||||
2 | constitutes authority for the seizure and
forfeiture of the | ||||||
3 | plants.
| ||||||
4 | (Source: P.A. 94-1004, eff. 7-3-06.)
| ||||||
5 | (720 ILCS 570/507) (from Ch. 56 1/2, par. 1507)
| ||||||
6 | Sec. 507.
All rulings, final determinations, findings, and | ||||||
7 | conclusions of
the Department of State Police, the Department | ||||||
8 | of Financial and Professional Regulation, and
the Department of | ||||||
9 | Human Services of the State of Illinois under this Act are
| ||||||
10 | final and
conclusive decisions of the matters involved. Any | ||||||
11 | person aggrieved by the
decision may obtain review of the | ||||||
12 | decision pursuant to the provisions of
the Administrative | ||||||
13 | Review Law, as amended and the rules adopted pursuant
thereto. | ||||||
14 | Pending final decision on such review, the acts, orders
and | ||||||
15 | rulings of the Department shall remain in full force and effect | ||||||
16 | unless
modified or suspended by order of court pending final | ||||||
17 | judicial decision.
Pending final decision on such review, the | ||||||
18 | acts, orders, sanctions and rulings
of the Department of | ||||||
19 | Financial and Professional Regulation regarding any | ||||||
20 | registration
shall remain in full force and effect, unless | ||||||
21 | stayed by order of court.
However, no stay of any decision of | ||||||
22 | the administrative agency shall issue
unless the person | ||||||
23 | aggrieved by the decision establishes by a preponderance
of the | ||||||
24 | evidence that good cause exists therefor. In determining good | ||||||
25 | cause,
the court shall find that the aggrieved party has |
| |||||||
| |||||||
1 | established a substantial
likelihood of prevailing on the | ||||||
2 | merits and that granting the stay will not
have an injurious | ||||||
3 | effect on the general public. Good cause shall not be
| ||||||
4 | established solely on the basis of hardships resulting from an | ||||||
5 | inability
to engage in the registered activity pending a final | ||||||
6 | judicial decision.
| ||||||
7 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
8 | (720 ILCS 570/204 rep.)
| ||||||
9 | (720 ILCS 570/206 rep.)
| ||||||
10 | (720 ILCS 570/208 rep.)
| ||||||
11 | (720 ILCS 570/210 rep.)
| ||||||
12 | (720 ILCS 570/212 rep.)
| ||||||
13 | (720 ILCS 570/213 rep.)
| ||||||
14 | (720 ILCS 570/216 rep.)
| ||||||
15 | (720 ILCS 570/217 rep.)
| ||||||
16 | Section 10. The Illinois Controlled Substances Act is | ||||||
17 | amended by repealing Sections 204, 206, 208, 210, 212, 213, | ||||||
18 | 216, and 217.
| ||||||
19 | Section 99. Effective date. This Act takes effect July 1, | ||||||
20 | 2009.".
|