093_HB0244ham001











                                     LRB093 02637 DRJ 13496 a

 1                     AMENDMENT TO HOUSE BILL 244

 2        AMENDMENT NO.     .  Amend House Bill  244  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Pharmacy Practice Act of 1987 is amended
 5    by changing Section 4 as follows:

 6        (225 ILCS 85/4) (from Ch. 111, par. 4124)
 7        (Section scheduled to be repealed on January 1, 2008)
 8        Sec.  4.  Exemptions. Nothing contained in any Section of
 9    this Act shall apply to, or in any manner interfere with  any
10    of the following:
11        (a)  The  lawful  practice  of  any physician licensed to
12    practice  medicine  in  all   of   its   branches,   dentist,
13    podiatrist,     veterinarian,     or    therapeutically    or
14    diagnostically certified optometrist within the limits of his
15    or her license, or prevent him or her from supplying  to  his
16    or  her  bona fide patients such drugs, medicines, or poisons
17    as may seem to him appropriate.;
18        (b)  The sale of compressed gases.;
19        (c)  The sale of  patent  or  proprietary  medicines  and
20    household   remedies  when  sold  in  original  and  unbroken
21    packages only, if such patent or  proprietary  medicines  and
22    household  remedies  be properly and adequately labeled as to
 
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 1    content and usage and generally considered  and  accepted  as
 2    harmless   and   nonpoisonous  when  used  according  to  the
 3    directions on the label, and also do  not  contain  opium  or
 4    coca  leaves, or any compound, salt or derivative thereof, or
 5    any drug which, according  to  the  latest  editions  of  the
 6    following    authoritative   pharmaceutical   treatises   and
 7    standards, namely, The United  States  Pharmacopoeia/National
 8    Formulary  (USP/NF),  the United States Dispensatory, and the
 9    Accepted  Dental  Remedies   of   the   Council   of   Dental
10    Therapeutics  of  the  American  Dental Association or any or
11    either of them, in use on the effective date of this Act,  or
12    according  to  the  existing  provisions of the Federal Food,
13    Drug, and Cosmetic Act and Regulations of the  Department  of
14    Health  and  Human  Services,  Food  and Drug Administration,
15    promulgated  thereunder  now  in   effect,   is   designated,
16    described  or  considered  as  a  narcotic,  hypnotic,  habit
17    forming, dangerous, or poisonous drug.;
18        (d)  The  sale  of  poultry  and  livestock  remedies  in
19    original  and unbroken packages only, labeled for poultry and
20    livestock medication.;
21        (e)  The sale  of  poisonous  substances  or  mixture  of
22    poisonous  substances, in unbroken packages, for nonmedicinal
23    use in the arts or industries or  for  insecticide  purposes;
24    provided,  they  are  properly  and  adequately labeled as to
25    content and such nonmedicinal usage, in conformity  with  the
26    provisions  of  all  applicable federal, state and local laws
27    and regulations promulgated thereunder now in effect relating
28    thereto and governing the same, and those which are  required
29    under such applicable laws and regulations to be labeled with
30    the  word  "Poison",  are also labeled with the word "Poison"
31    printed thereon in prominent type and the name of  a  readily
32    obtainable antidote with directions for its administration.;
33        (f)  The  delegation of limited prescriptive authority by
34    a physician licensed to practice medicine in all its branches
 
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 1    to a physician assistant under Section 7.5 of  the  Physician
 2    Assistant  Practice Act of 1987. This delegated authority may
 3    but is not required to include prescription of Schedule  III,
 4    IV,  or  V controlled substances, as defined in Article II of
 5    the Illinois Controlled Substances Act,  in  accordance  with
 6    written   guidelines  under  Section  7.5  of  the  Physician
 7    Assistant Practice Act of 1987.; and
 8        (g)  The delegation of limited prescriptive authority  by
 9    a physician licensed to practice medicine in all its branches
10    to  an  advanced  practice nurse in accordance with a written
11    collaborative agreement under Sections 15-15 and 15-20 of the
12    Nursing and Advanced Practice Nursing  Act.   This  delegated
13    authority may but is not required to include the prescription
14    of Schedule III, IV, or V controlled substances as defined in
15    Article II of the Illinois Controlled Substances Act.
16        (h)  The  return and packaging, repackaging, and labeling
17    of prescription drugs to the extent permitted  under  Section
18    12-4.25d of the Illinois Public Aid Code.
19    (Source:  P.A.  90-116,  eff.  7-14-97; 90-253, eff. 7-29-97;
20    90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)

21        Section 10.  The Wholesale  Drug  Distribution  Licensing
22    Act is amended by changing Section 15 as follows:

23        (225 ILCS 120/15) (from Ch. 111, par. 8301-15)
24        (Section scheduled to be repealed on January 1, 2013)
25        Sec. 15.  Definitions.  As used in this Act:
26        "Blood"  means  whole blood collected from a single donor
27    and   processed   either   for   transfusion    or    further
28    manufacturing.
29        "Blood  component"  means that part of blood separated by
30    physical or mechanical means.
31        "Board"  means  the  State  Board  of  Pharmacy  of   the
32    Department of Professional Regulation.
 
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 1        "Department"   means   the   Department  of  Professional
 2    Regulation.
 3        "Director" means the Director of Professional Regulation.
 4        "Drug sample" means a unit of a prescription drug that is
 5    not intended to be sold and is intended to promote  the  sale
 6    of the drug.
 7        "Manufacturer"   means  anyone  who  is  engaged  in  the
 8    manufacturing,    preparing,    propagating,     compounding,
 9    processing,   packaging,   repackaging,   or  labeling  of  a
10    prescription drug. "Manufacturer" does not include anyone who
11    is engaged in the packaging, repackaging, or  labeling  of  a
12    prescription  drug only to the extent permitted under Section
13    12-4.25d of the Illinois Public Aid Code.
14        "Person"   means   and   includes   a   natural   person,
15    partnership, association or corporation.
16        "Pharmacy distributor" means  any  pharmacy  licensed  in
17    this  State  or  hospital  pharmacy  that  is  engaged in the
18    delivery or distribution of prescription drugs either to  any
19    other  pharmacy licensed in this State or to any other person
20    or entity including, but not limited  to,  a  wholesale  drug
21    distributor  engaged  in  the  delivery  or  distribution  of
22    prescription   drugs   who   is   involved   in  the  actual,
23    constructive, or attempted transfer of a drug in  this  State
24    to  other  than  the  ultimate  consumer  except as otherwise
25    provided for by law.
26        "Prescription drug" means  any  human  drug  required  by
27    federal   law  or  regulation  to  be  dispensed  only  by  a
28    prescription, including  finished  dosage  forms  and  active
29    ingredients  subject  to subsection (b) of Section 503 of the
30    Federal Food, Drug and Cosmetic Act.
31        "Wholesale  distribution"  or  "wholesale  distributions"
32    means distribution of prescription  drugs  to  persons  other
33    than  a  consumer or patient, but does not include any of the
34    following:
 
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 1             (a)  Intracompany sales, defined as any  transaction
 2        or  transfer between any division, subsidiary, parent, or
 3        affiliated or related company under the common  ownership
 4        and control of a corporate entity.
 5             (b)  The purchase or other acquisition by a hospital
 6        or  other  health care entity that is a member of a group
 7        purchasing organization of a drug for its  own  use  from
 8        the group purchasing organization or from other hospitals
 9        or  health  care  entities  that  are  members of a group
10        organization.
11             (c)  The sale, purchase, or trade of a  drug  or  an
12        offer  to sell, purchase, or trade a drug by a charitable
13        organization described in subsection  (c)(3)  of  Section
14        501  of  the  U.S.  Internal  Revenue  Code  of 1954 to a
15        nonprofit affiliate of the  organization  to  the  extent
16        otherwise permitted by law.
17             (d)  The  sale,  purchase,  or trade of a drug or an
18        offer to sell, purchase, or trade a drug among  hospitals
19        or  other  health  care  entities  that  are under common
20        control.  For purposes  of  this  Act,  "common  control"
21        means  the  power to direct or cause the direction of the
22        management and policies of a person or  an  organization,
23        whether  by  ownership of stock, voting rights, contract,
24        or otherwise.
25             (e)  The sale, purchase, or trade of a  drug  or  an
26        offer  to  sell,  purchase, or trade a drug for emergency
27        medical reasons. For purposes  of  this  Act,  "emergency
28        medical  reasons" include transfers of prescription drugs
29        by a  retail  pharmacy  to  another  retail  pharmacy  to
30        alleviate a temporary shortage.
31             (f)  The  sale,  purchase,  or  trade  of a drug, an
32        offer  to  sell,  purchase,  or  trade  a  drug,  or  the
33        dispensing of a drug pursuant to a prescription.
34             (g)  The   distribution   of   drug    samples    by
 
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 1        manufacturers'     representatives    or    distributors'
 2        representatives.
 3             (h)  The sale, purchase, or trade of blood and blood
 4        components intended for transfusion.
 5        "Wholesale drug distributor" means any person  or  entity
 6    engaged  in    wholesale  distribution of prescription drugs,
 7    including, but not limited to, manufacturers; repackers;  own
 8    label  distributors;  jobbers;  private  label  distributors;
 9    brokers;    warehouses,    including    manufacturers'    and
10    distributors'   warehouses,   chain   drug   warehouses,  and
11    wholesale  drug  warehouses;   independent   wholesale   drug
12    traders;   and   retail  pharmacies  that  conduct  wholesale
13    distributions, including, but not limited  to,  any  pharmacy
14    distributor  as  defined  in  this Section.  A wholesale drug
15    distributor shall not include any for hire carrier or  person
16    or entity hired solely to transport prescription drugs.
17    (Source: P.A. 87-594.)

18        Section  15.  The  Illinois Public Aid Code is amended by
19    adding Section 12-4.25d as follows:

20        (305 ILCS 5/12-4.25d new)
21        Sec.   12-4.25d.  Nursing   homes;   return   of   unused
22    prescription drugs.
23        (a)  Pursuant to an agreement with the vendor pharmacy, a
24    provider of long-term  care  services  under  this  Code  may
25    return to the vendor pharmacy from which the drug product was
26    purchased,   for   repackaging   and   reimbursement  to  the
27    Department of  Public  Aid,  a  drug  product  that  (i)  was
28    dispensed  to  a  resident  of  the provider's long-term care
29    facility and not used and (ii) meets  all  of  the  following
30    criteria:
31             (1)  It is a prescription drug product that is not a
32        controlled substance.
 
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 1             (2)  It is sealed in an individually packaged unit.
 2             (3)  It  is  returned  to the vendor pharmacy within
 3        the recommended period of shelf life for the  purpose  of
 4        redispensing the drug product.
 5             (4)  It  is determined to be of acceptable integrity
 6        by a licensed pharmacist.
 7             (5)  It  consists  of   (i)   oral   or   parenteral
 8        medication  in a single-dose sealed container approved by
 9        the federal Food and Drug Administration, (ii) a  topical
10        or  inhalant  drug  product  in  a  unit-of-use container
11        approved by the federal Food and Drug Administration,  or
12        (iii)  a  parenteral medication in a multiple-dose sealed
13        container  approved  by  the  federal   Food   and   Drug
14        Administration.
15             (6)  No doses have been withdrawn from the container
16        in which the drug product is packaged.
17        An   agreement  between  a  provider  of  long-term  care
18    services under this Code and a vendor pharmacy  as  described
19    in this subsection must comply with subsection (b).
20        (b)  Notwithstanding the provisions of subsection (a):
21             (1)  If   a   drug   product   is  packaged  in  the
22        manufacturer's unit-dose package, the drug product may be
23        returned to the  vendor  pharmacy  for  redispensing  and
24        reimbursement to the Department of Public Aid if the drug
25        may be redispensed for use before the expiration date, if
26        any, indicated on the package.
27             (2)  If  the  drug  product  is  repackaged  in  the
28        manufacturer's  unit-dose  or multiple-dose blister pack,
29        the drug product may be returned to the  vendor  pharmacy
30        for  redispensing  and reimbursement to the Department of
31        Public Aid if:
32                  (A)  the date on which  the  drug  product  was
33             repackaged  and  the  drug  product's lot number and
34             expiration date are indicated clearly on the package
 
                            -8-      LRB093 02637 DRJ 13496 a
 1             of the repackaged drug product;
 2                  (B)  ninety days or fewer have elapsed from the
 3             date the drug product was repackaged; and
 4                  (C)  a repackaging log  is  maintained  by  the
 5             pharmacy  in the case of drug products repackaged in
 6             advance of immediate needs.
 7             (3)  A drug product dispensed in a  bulk  dispensing
 8        container may not be returned to the vendor pharmacy.
 9        (c)  A  provider  of  long  term-care services under this
10    Code may establish procedures for the return of unused   drug
11    products  to  the  vendor  pharmacies  from  which  the  drug
12    products were purchased.
13        (d)  The Department of Public Aid:
14             (1)  shall  adopt  rules  for  the  reimbursement of
15        unused or redispensed drugs under  this  Section  in  the
16        case  of  providers of long-term care services and vendor
17        pharmacies that have entered into agreements described in
18        subsection (a);
19             (2)  shall reimburse  to  the  vendor  pharmacy  the
20        reasonable    cost    of   services   incurred   in   the
21        implementation of this  Section,  as  determined  by  the
22        Director of Public Aid; and
23             (3)  may  establish  procedures,  if  feasible,  for
24        reimbursement  to  non-Medicaid  payors for drug products
25        returned under this Section.
26        (e)  The Department of Public Aid, in  consultation  with
27    the  Department of Professional Regulation, shall adopt rules
28    to govern the  repackaging  and  labeling  of  drug  products
29    returned  under  this Section. The rules must provide for the
30    following:
31             (1)  A  formulary  for  the  drug  products  to   be
32        returned for repackaging.
33             (2)  The protection of the privacy of the individual
34        for whom the drug product was originally prescribed.
 
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 1             (3)  The  integrity, safe storage, and safe transfer
 2        of the drug product, which may include, but need  not  be
 3        limited  to,  limiting  the  drugs  to  those  that  were
 4        originally  dispensed  by  unit  dose  or an individually
 5        sealed dose or that remain in intact packaging.
 6             (4)  The tracking of and accountability for the drug
 7        products.
 8             (5)  Other matters necessary for  implementing  this
 9        Section.

10        Section  20.  The Senior Pharmaceutical Assistance Act is
11    amended by changing Section 10 as follows:

12        (320 ILCS 50/10)
13        Sec. 10.  Definitions. In this Act:
14        "Manufacturer" includes:
15             (1)  An  entity  that  is   engaged   in   (a)   the
16        production,    preparation,   propagation,   compounding,
17        conversion, or processing of prescription  drug  products
18        (i)  directly or indirectly by extraction from substances
19        of  natural  origin,  (ii)  independently  by  means   of
20        chemical synthesis, or (iii) by combination of extraction
21        and   chemical   synthesis;   or   (b)   the   packaging,
22        repackaging,  labeling or re-labeling, or distribution of
23        prescription drug products.
24             (2)  The entity holding legal title to or possession
25        of  the  national  drug  code  number  for  the   covered
26        prescription drug.
27        The  term  does  not  include  a wholesale distributor of
28    drugs,  drugstore  chain  organization,  or  retail  pharmacy
29    licensed by the State. The term  also  does  not  include  an
30    entity  that  is  engaged  in  the packaging, repackaging, or
31    labeling of a prescription drug only to the extent  permitted
32    under Section 12-4.25d of the Illinois Public Aid Code.
 
                            -10-     LRB093 02637 DRJ 13496 a
 1        "Prescription  drug"  means  a drug that may be dispensed
 2    only upon prescription by an authorized prescriber  and  that
 3    is  approved  for  safety and effectiveness as a prescription
 4    drug under Section 505 or 507 of the Federal Food,  Drug  and
 5    Cosmetic Act.
 6        "Senior  citizen"  or "senior" means a person 65 years of
 7    age or older.
 8    (Source: P.A. 92-594, eff. 6-27-02.)

 9        Section 25.   The Illinois Food, Drug and Cosmetic Act is
10    amended by changing Section 16 and adding 16.10 as follows:

11        (410 ILCS 620/16) (from Ch. 56 1/2, par. 516)
12        Sec.  16.  (a)  The  Director  is  hereby  authorized  to
13    promulgate  regulations  exempting  from  any   labeling   or
14    packaging requirement of this Act drugs and devices which are
15    (i),  in  accordance  with  the  practice of the trade, to be
16    processed, labeled or repacked in substantial  quantities  at
17    establishments other than those where originally processed or
18    packaged  on  condition  that  such drugs and devices are not
19    adulterated or misbranded under the provisions  of  this  Act
20    upon  removal  from  such  processing,  labeling or repacking
21    establishment or (ii) packaged, repackaged, or labeled to the
22    extent permitted  under  Section  12-4.25d  of  the  Illinois
23    Public Aid Code.
24        (b)  Drugs  and  device  labeling or packaging exemptions
25    adopted under the Federal  Act  and  supplements  thereto  or
26    revisions  thereof  shall  apply  to  drugs  and  devices  in
27    Illinois   except   insofar   as   modified  or  rejected  by
28    regulations promulgated by the Director.
29        (c)  A drug intended for  use  by  man  which  (A)  is  a
30    habit-forming  drug  to  which Section 15 (d) applies; or (B)
31    because of its toxicity or  other  potentiality  for  harmful
32    effect  or  the  method of its use or the collateral measures
 
                            -11-     LRB093 02637 DRJ 13496 a
 1    necessary to its use is not safe for  use  except  under  the
 2    supervision  of  a practitioner licensed by law to administer
 3    such drug; or (C) is limited by an approved application under
 4    Section 505 of the Federal Act or Section 17 of this  Act  to
 5    use  under  the  professional  supervision  of a practitioner
 6    licensed by law to administer such drug, shall  be  dispensed
 7    only  in  accordance  with  the  provisions  of the "Illinois
 8    Controlled Substances Act". The  act  of  dispensing  a  drug
 9    contrary  to the provisions of this paragraph shall be deemed
10    to be an act which results in a drug being  misbranded  while
11    held for sale.
12        (d)  Any drug dispensed by filling or refilling a written
13    or  oral  prescription  of  a practitioner licensed by law to
14    administer such drug shall be exempt from the requirements of
15    Section 15, except subsections (a), (k) and (l)  and  clauses
16    (2) and (3) of subsection (i), and the packaging requirements
17    of  subsections  (g),  (h) and (q), if the drug bears a label
18    containing the proprietary name or  names,  or  if  there  is
19    none,  the established name or names of the drugs, the dosage
20    and quantity, unless the  prescribing  practitioner,  in  the
21    interest  of  the health of the patient, directs otherwise in
22    writing, the name and address of the  dispenser,  the  serial
23    number  and  date  of the prescription or of its filling, the
24    name of the prescriber and, if stated  in  the  prescription,
25    the  name  of the patient, and the directions for use and the
26    cautionary   statements,   if   any,   contained   in    such
27    prescription.  This  exemption  shall  not  apply to any drug
28    dispensed in  the  course  of  the  conduct  of  business  of
29    dispensing  drugs pursuant to diagnosis by mail, or to a drug
30    dispensed in violation of subsection (a) of this Section.
31        (e)  The Director may by regulation remove drugs  subject
32    to  Section  15  (d)  and Section 17 from the requirements of
33    subsection (c) of this Section when such requirements are not
34    necessary for the protection of the public health.
 
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 1        (f)  A drug which is subject to subsection  (c)  of  this
 2    Section  shall  be  deemed  to  be  misbranded if at any time
 3    before dispensing its  label  fails  to  bear  the  statement
 4    "Caution:    Federal   Law   Prohibits   Dispensing   Without
 5    Prescription" or "Caution:  State  Law  Prohibits  Dispensing
 6    Without Prescription". A drug to which subsection (c) of this
 7    Section does not apply shall be deemed to be misbranded if at
 8    any  time  prior  to  dispensing  its label bears the caution
 9    statement quoted in the preceding sentence.
10        (g)  Nothing  in  this  Section  shall  be  construed  to
11    relieve any person from  any  requirement  prescribed  by  or
12    under  authority of law with respect to controlled substances
13    now included or which may hereafter be  included  within  the
14    classifications  of controlled substances cannabis as defined
15    in applicable Federal laws relating to controlled  substances
16    or cannabis or the Cannabis Control Act.
17    (Source: P.A. 84-1308.)

18        (410 ILCS 620/16.10 new)
19        Sec. 16.10.  Drug repository program.
20        (a)  In   this  Section,  "drug  repository  program"  or
21    "program" means the drug repository  program  established  by
22    the  Department  of  Professional Regulation under subsection
23    (b).
24        (b)  The  Department  of  Professional   Regulation,   in
25    cooperation  with  the  Department  of  Public  Health, shall
26    establish a drug repository program to  accept  and  dispense
27    prescription drugs donated for the purpose of being dispensed
28    to  individuals  who  are  residents  of  this State and meet
29    eligibility standards established in  rules  adopted  by  the
30    Department  of  Professional Regulation under subsection (e).
31    Only  drugs  in  their  original  sealed  and  tamper-evident
32    unit-dose  packaging  may  be  accepted  and  dispensed.  The
33    packaging must be unopened, except  that  drugs  packaged  in
 
                            -13-     LRB093 02637 DRJ 13496 a
 1    single-unit  doses  may  be  accepted  and dispensed when the
 2    outside packaging is opened if the single-unit dose packaging
 3    is undisturbed.  Drugs  donated  by  individuals  bearing  an
 4    expiration  date that is less than 6 months from the date the
 5    drug is donated shall not be accepted or  dispensed.  A  drug
 6    shall  not  be  accepted  or  dispensed if there is reason to
 7    believe that it is adulterated as described  in  Section  14.
 8    Subject  to  the limitation specified in this Section, unused
 9    drugs  dispensed  for  purposes  of  the  medical  assistance
10    program under Article V of the Illinois Public Aid  Code  may
11    be accepted and dispensed under the drug repository program.
12        (c)  Any  person,  including  a  drug manufacturer or any
13    health care facility, may donate prescription  drugs  to  the
14    drug  repository  program.  The  drugs  must  be donated at a
15    pharmacy,  hospital,  or  nonprofit  clinic  that  elects  to
16    participate  in  the   program   and   meets   criteria   for
17    participation  in the program established in rules adopted by
18    the Department of Professional  Regulation  under  subsection
19    (e).  Participation  in the program by pharmacies, hospitals,
20    and nonprofit clinics is voluntary. Nothing in  this  Section
21    or  any other provision of law requires a pharmacy, hospital,
22    or nonprofit clinic to participate in the program.
23        (d)  A pharmacy, hospital, or nonprofit  clinic  eligible
24    to  participate in the drug repository program shall dispense
25    drugs donated under  this  Section  to  individuals  who  are
26    residents  of  this  State and meet the eligibility standards
27    established  in  rules   adopted   by   the   Department   of
28    Professional  Regulation  under  subsection  (e)  or to other
29    government entities and  nonprofit  private  entities  to  be
30    dispensed   to   individuals   who   meet  those  eligibility
31    standards. A  drug  may  be  dispensed  only  pursuant  to  a
32    prescription   issued   by  a  licensed  health  professional
33    authorized  to  prescribe  drugs,  as  provided  by  law.   A
34    pharmacy,  hospital, or nonprofit clinic that accepts donated
 
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 1    drugs must comply with all applicable federal laws  and  laws
 2    of  this  State  dealing  with  storage  and  distribution of
 3    dangerous drugs and must inspect all drugs before  dispensing
 4    them   to  determine  that  they  are  not  adulterated.  The
 5    pharmacy,  hospital,   or   nonprofit   clinic   may   charge
 6    individuals   receiving   donated   drugs   a   handling  fee
 7    established  in  accordance  with  rules   adopted   by   the
 8    Department  of  Professional Regulation under subsection (e).
 9    Drugs donated to the  drug  repository  program  may  not  be
10    resold.
11        (e)  In   consultation  with  the  Department  of  Public
12    Health, the Department of Professional Regulation shall adopt
13    rules governing the drug repository  program  that  establish
14    all of the following:
15             (1)  Eligibility criteria for pharmacies, hospitals,
16        and  nonprofit  clinics  to  receive and dispense donated
17        drugs under the program.
18             (2)  Standards and procedures for accepting,  safely
19        storing, and dispensing donated drugs.
20             (3)  Standards and procedures for inspecting donated
21        drugs  to determine that the original unit-dose packaging
22        is sealed and  tamper-evident  and  that  the  drugs  are
23        unadulterated, safe, and suitable for dispensing.
24             (4)  Eligibility   standards   for   individuals  to
25        receive donated drugs under  the  program,  based  on  an
26        individual's economic need.
27             (5)  A  means,  such  as  an identification card, by
28        which an individual who is eligible  to  receive  donated
29        drugs   may  demonstrate  eligibility  to  the  pharmacy,
30        hospital, or nonprofit clinic dispensing the drugs.
31             (6)  For   drugs   donated   to   the   program   by
32        individuals:
33                  (A)  A  list  of  drugs,  arranged  either   by
34             category  or  by  individual  drug, that the program
 
                            -15-     LRB093 02637 DRJ 13496 a
 1             will accept from individuals.
 2                  (B)  A  list  of  drugs,  arranged  either   by
 3             category  or  by  individual  drug, that the program
 4             will not accept  from  individuals.  The  list  must
 5             include  a  statement  as  to  why each such drug is
 6             ineligible for donation.
 7                  (C)  A form that each donor must  sign  stating
 8             that the donor is the owner of the drugs and intends
 9             to voluntarily donate them to the program.
10             (7)  For drugs donated to the program by health care
11        facilities:
12                  (A)  A   list  of  drugs,  arranged  either  by
13             category or by individual  drug,  that  the  program
14             will accept from health care facilities.
15                  (B)  A   list  of  drugs,  arranged  either  by
16             category or by individual  drug,  that  the  program
17             will  not  accept  from  health care facilities. The
18             list must include a statement as to  why  each  such
19             drug is ineligible for donation.
20             (8)  Any   other   standards   and   procedures  the
21        Department of Professional  Regulation,  in  consultation
22        with   the   Department   of   Public  Health,  considers
23        appropriate.

24        Section 30.  The Illinois Controlled  Substances  Act  is
25    amended by changing Section 102 as follows:

26        (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
27        Sec.  102.  Definitions.  As used in this Act, unless the
28    context otherwise requires:
29        (a)  "Addict" means any person who  habitually  uses  any
30    drug,  chemical,  substance  or  dangerous  drug  other  than
31    alcohol  so  as to endanger the public morals, health, safety
32    or welfare or who  is  so  far  addicted  to  the  use  of  a
 
                            -16-     LRB093 02637 DRJ 13496 a
 1    dangerous  drug or controlled substance other than alcohol as
 2    to have lost the power of self control with reference to  his
 3    addiction.
 4        (b)  "Administer"  means  the  direct  application  of  a
 5    controlled   substance,  whether  by  injection,  inhalation,
 6    ingestion, or any other means, to the body of  a  patient  or
 7    research subject by:
 8             (1)  a  practitioner  (or,  in  his presence, by his
 9        authorized agent), or
10             (2)  the patient or research subject at  the  lawful
11        direction of the practitioner.
12        (c)  "Agent"  means  an  authorized  person  who  acts on
13    behalf of or at the direction of a manufacturer, distributor,
14    or dispenser.  It does  not  include  a  common  or  contract
15    carrier,  public  warehouseman  or employee of the carrier or
16    warehouseman.
17        (c-1)  "Anabolic Steroids" means  any  drug  or  hormonal
18    substance,   chemically   and  pharmacologically  related  to
19    testosterone   (other   than   estrogens,   progestins,   and
20    corticosteroids) that promotes muscle growth, and includes:
21                  (i)  boldenone,
22                  (ii)  chlorotestosterone,
23                  (iii)  chostebol,
24                  (iv)  dehydrochlormethyltestosterone,
25                  (v)  dihydrotestosterone,
26                  (vi)  drostanolone,
27                  (vii)  ethylestrenol,
28                  (viii)  fluoxymesterone,
29                  (ix)  formebulone,
30                  (x)  mesterolone,
31                  (xi)  methandienone,
32                  (xii)  methandranone,
33                  (xiii)  methandriol,
34                  (xiv)  methandrostenolone,
 
                            -17-     LRB093 02637 DRJ 13496 a
 1                  (xv)  methenolone,
 2                  (xvi)  methyltestosterone,
 3                  (xvii)  mibolerone,
 4                  (xviii)  nandrolone,
 5                  (xix)  norethandrolone,
 6                  (xx)  oxandrolone,
 7                  (xxi)  oxymesterone,
 8                  (xxii)  oxymetholone,
 9                  (xxiii)  stanolone,
10                  (xxiv)  stanozolol,
11                  (xxv)  testolactone,
12                  (xxvi)  testosterone,
13                  (xxvii)  trenbolone, and
14                  (xxviii)  any salt, ester, or isomer of a  drug
15             or  substance described or listed in this paragraph,
16             if that  salt,  ester,  or  isomer  promotes  muscle
17             growth.
18        Any  person who is otherwise lawfully in possession of an
19    anabolic steroid, or  who  otherwise  lawfully  manufactures,
20    distributes, dispenses, delivers, or possesses with intent to
21    deliver  an  anabolic  steroid,  which  anabolic  steroid  is
22    expressly   intended   for   and   lawfully   allowed  to  be
23    administered through implants to livestock or other  nonhuman
24    species, and which is approved by the Secretary of Health and
25    Human  Services for such administration, and which the person
26    intends to  administer  or  have  administered  through  such
27    implants,  shall  not  be  considered  to  be in unauthorized
28    possession  or   to   unlawfully   manufacture,   distribute,
29    dispense,  deliver,  or  possess  with intent to deliver such
30    anabolic steroid for purposes of this Act.
31        (d)  "Administration"   means   the   Drug    Enforcement
32    Administration,  United  States Department of Justice, or its
33    successor agency.
34        (e)  "Control" means to add a drug or other substance, or
 
                            -18-     LRB093 02637 DRJ 13496 a
 1    immediate precursor, to a Schedule under Article II  of  this
 2    Act whether by transfer from another Schedule or otherwise.
 3        (f)  "Controlled  Substance"  means a drug, substance, or
 4    immediate precursor in the Schedules of Article  II  of  this
 5    Act.
 6        (g)  "Counterfeit    substance"    means   a   controlled
 7    substance, which, or the  container  or  labeling  of  which,
 8    without  authorization  bears  the  trademark, trade name, or
 9    other identifying mark, imprint, number  or  device,  or  any
10    likeness   thereof,   of   a  manufacturer,  distributor,  or
11    dispenser other than the person  who  in  fact  manufactured,
12    distributed, or dispensed the substance.
13        (h)  "Deliver"    or   "delivery"   means   the   actual,
14    constructive  or  attempted  transfer  of  possession  of   a
15    controlled  substance, with or without consideration, whether
16    or not there is an agency relationship.
17        (i)  "Department" means the Illinois Department of  Human
18    Services  (as  successor  to the Department of Alcoholism and
19    Substance Abuse) or its successor agency.
20        (j)  "Department of State Police" means the Department of
21    State Police of  the  State  of  Illinois  or  its  successor
22    agency.
23        (k)  "Department  of Corrections" means the Department of
24    Corrections of the State of Illinois or its successor agency.
25        (l)  "Department of Professional  Regulation"  means  the
26    Department   of  Professional  Regulation  of  the  State  of
27    Illinois or its successor agency.
28        (m)  "Depressant" or "stimulant substance" means:
29             (1)  a drug  which  contains  any  quantity  of  (i)
30        barbituric  acid  or  any of the salts of barbituric acid
31        which has been designated as habit forming under  section
32        502  (d)  of the Federal Food, Drug, and Cosmetic Act (21
33        U.S.C. 352 (d)); or
34             (2)  a drug  which  contains  any  quantity  of  (i)
 
                            -19-     LRB093 02637 DRJ 13496 a
 1        amphetamine  or  methamphetamine and any of their optical
 2        isomers; (ii) any salt of amphetamine or  methamphetamine
 3        or any salt of an optical isomer of amphetamine; or (iii)
 4        any  substance which the Department, after investigation,
 5        has found to be, and by rule designated as, habit forming
 6        because of its depressant  or  stimulant  effect  on  the
 7        central nervous system; or
 8             (3)  lysergic acid diethylamide; or
 9             (4)  any  drug  which  contains  any  quantity  of a
10        substance which the Department, after investigation,  has
11        found  to  have,  and  by  rule  designated  as having, a
12        potential  for  abuse  because  of  its   depressant   or
13        stimulant  effect  on  the  central nervous system or its
14        hallucinogenic effect.
15        (n)  (Blank).
16        (o)  "Director" means the Director of the  Department  of
17    State  Police or the Department of Professional Regulation or
18    his designated agents.
19        (p)  "Dispense" means to deliver a  controlled  substance
20    to an ultimate user or research subject by or pursuant to the
21    lawful  order  of  a  prescriber,  including the prescribing,
22    administering, packaging, labeling, or compounding  necessary
23    to prepare the substance for that delivery.
24        (q)  "Dispenser" means a practitioner who dispenses.
25        (r)  "Distribute"   means   to  deliver,  other  than  by
26    administering or dispensing, a controlled substance.
27        (s)  "Distributor" means a person who distributes.
28        (t)  "Drug" means (1) substances recognized as  drugs  in
29    the    official   United   States   Pharmacopoeia,   Official
30    Homeopathic Pharmacopoeia of the United States,  or  official
31    National  Formulary,  or  any  supplement to any of them; (2)
32    substances intended for use in diagnosis,  cure,  mitigation,
33    treatment,  or  prevention  of disease in man or animals; (3)
34    substances (other than food) intended to affect the structure
 
                            -20-     LRB093 02637 DRJ 13496 a
 1    of any function of  the  body  of  man  or  animals  and  (4)
 2    substances  intended  for  use  as a component of any article
 3    specified in clause (1), (2), or (3) of this subsection.   It
 4    does  not  include  devices  or  their  components, parts, or
 5    accessories.
 6        (t-5)  "Euthanasia agency" means an entity  certified  by
 7    the  Department of Professional Regulation for the purpose of
 8    animal euthanasia  that  holds  an  animal  control  facility
 9    license  or  animal  shelter license under the Animal Welfare
10    Act.  A euthanasia agency is authorized to  purchase,  store,
11    possess, and utilize Schedule II nonnarcotic and Schedule III
12    nonnarcotic drugs for the sole purpose of animal euthanasia.
13        (u)  "Good  faith" means the prescribing or dispensing of
14    a controlled substance  by  a  practitioner  in  the  regular
15    course  of professional treatment to or for any person who is
16    under his treatment for a pathology or condition  other  than
17    that  individual's  physical or psychological dependence upon
18    or addiction to a controlled substance,  except  as  provided
19    herein:   and  application  of the term to a pharmacist shall
20    mean the dispensing of a controlled substance pursuant to the
21    prescriber's order which in the professional judgment of  the
22    pharmacist  is  lawful.   The  pharmacist  shall be guided by
23    accepted professional standards including, but not limited to
24    the following, in making the judgment:
25             (1)  lack   of   consistency    of    doctor-patient
26        relationship,
27             (2)  frequency of prescriptions for same drug by one
28        prescriber for large numbers of patients,
29             (3)  quantities beyond those normally prescribed,
30             (4)  unusual dosages,
31             (5)  unusual  geographic  distances between patient,
32        pharmacist and prescriber,
33             (6)  consistent prescribing of habit-forming drugs.
34        (u-1)  "Home infusion services" means  services  provided
 
                            -21-     LRB093 02637 DRJ 13496 a
 1    by   a   pharmacy   in   compounding   solutions  for  direct
 2    administration to a patient in a private residence, long-term
 3    care facility, or hospice setting  by  means  of  parenteral,
 4    intravenous,   intramuscular,  subcutaneous,  or  intraspinal
 5    infusion.
 6        (v)  "Immediate precursor" means a substance:
 7             (1)  which the Department has found  to  be  and  by
 8        rule  designated  as  being a principal compound used, or
 9        produced primarily for  use,  in  the  manufacture  of  a
10        controlled substance;
11             (2)  which  is  an  immediate  chemical intermediary
12        used or likely to be used  in  the  manufacture  of  such
13        controlled substance; and
14             (3)  the  control  of which is necessary to prevent,
15        curtail or  limit  the  manufacture  of  such  controlled
16        substance.
17        (w)  "Instructional   activities"   means   the  acts  of
18    teaching, educating or  instructing  by  practitioners  using
19    controlled  substances within educational facilities approved
20    by the State Board of Education or its successor agency.
21        (x)  "Local authorities" means a  duly  organized  State,
22    County or Municipal peace unit or police force.
23        (y)  "Look-alike substance" means a substance, other than
24    a  controlled  substance  which  (1)  by  overall dosage unit
25    appearance, including shape, color, size,  markings  or  lack
26    thereof,   taste,   consistency,  or  any  other  identifying
27    physical  characteristic  of  the  substance,  would  lead  a
28    reasonable  person  to  believe  that  the  substance  is   a
29    controlled  substance,  or  (2)  is  expressly  or  impliedly
30    represented  to  be  a controlled substance or is distributed
31    under circumstances which would lead a reasonable  person  to
32    believe that the substance is a controlled substance. For the
33    purpose  of  determining  whether the representations made or
34    the circumstances of the distribution would lead a reasonable
 
                            -22-     LRB093 02637 DRJ 13496 a
 1    person to believe the substance to be a controlled  substance
 2    under  this  clause (2) of subsection (y), the court or other
 3    authority may consider the following factors in  addition  to
 4    any other factor that may be relevant:
 5             (a)  statements  made  by  the  owner  or  person in
 6        control of the substance concerning its  nature,  use  or
 7        effect;
 8             (b)  statements  made to the buyer or recipient that
 9        the substance may be resold for profit;
10             (c)  whether the substance is packaged in  a  manner
11        normally  used for the illegal distribution of controlled
12        substances;
13             (d)  whether   the   distribution    or    attempted
14        distribution  included an exchange of or demand for money
15        or other  property  as  consideration,  and  whether  the
16        amount  of  the  consideration  was substantially greater
17        than the reasonable retail market value of the substance.
18        Clause (1) of this subsection (y) shall not  apply  to  a
19    noncontrolled  substance in its finished dosage form that was
20    initially introduced  into  commerce  prior  to  the  initial
21    introduction  into  commerce of a controlled substance in its
22    finished dosage form which it may substantially resemble.
23        Nothing in this subsection (y) prohibits  the  dispensing
24    or   distributing  of  noncontrolled  substances  by  persons
25    authorized to dispense and distribute  controlled  substances
26    under  this Act, provided that such action would be deemed to
27    be carried out in good faith  under  subsection  (u)  if  the
28    substances involved were controlled substances.
29        Nothing  in  this subsection (y) or in this Act prohibits
30    the  manufacture,  preparation,   propagation,   compounding,
31    processing,  packaging, advertising or distribution of a drug
32    or drugs by any person registered pursuant to Section 510  of
33    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
34        (y-1)  "Mail-order  pharmacy"  means  a  pharmacy that is
 
                            -23-     LRB093 02637 DRJ 13496 a
 1    located in a state of the United States, other than Illinois,
 2    that delivers, dispenses or distributes, through  the  United
 3    States  Postal  Service  or other common carrier, to Illinois
 4    residents, any substance which requires a prescription.
 5        (z)  "Manufacture"  means  the  production,  preparation,
 6    propagation,  compounding,  conversion  or  processing  of  a
 7    controlled  substance,  either  directly  or  indirectly,  by
 8    extraction   from   substances   of   natural   origin,    or
 9    independently  by  means  of  chemical  synthesis,  or  by  a
10    combination   of   extraction  and  chemical  synthesis,  and
11    includes any packaging or repackaging  of  the  substance  or
12    labeling  of  its  container,  except that this term does not
13    include:
14             (1)  by  an  ultimate  user,  the   preparation   or
15        compounding of a controlled substance for his own use; or
16             (2)  by  a  practitioner,  or  his  authorized agent
17        under  his  supervision,  the  preparation,  compounding,
18        packaging, or labeling of a controlled substance:
19                  (a)  as an incident  to  his  administering  or
20             dispensing  of  a controlled substance in the course
21             of his professional practice; or
22                  (b)  as  an  incident   to   lawful   research,
23             teaching or chemical analysis and not for sale; or.
24             (3)  the  packaging,  repackaging,  or labeling of a
25        prescription drug to the extent permitted  under  Section
26        12-4.25d of the Illinois Public Aid Code.
27        (z-1)  "Methamphetamine manufacturing chemical" means any
28    of  the  following  chemicals or substances containing any of
29    the following chemicals:  benzyl  methyl  ketone,  ephedrine,
30    methyl  benzyl  ketone, phenylacetone, phenyl-2-propanone, or
31    pseudoephedrine or any of  the  salts,  optical  isomers,  or
32    salts of optical isomers of the above-listed chemicals.
33        (aa)  "Narcotic drug" means any of the following, whether
34    produced directly or indirectly by extraction from substances
 
                            -24-     LRB093 02637 DRJ 13496 a
 1    of  natural  origin,  or  independently  by means of chemical
 2    synthesis, or by a combination  of  extraction  and  chemical
 3    synthesis:
 4             (1)  opium  and  opiate,  and  any  salt,  compound,
 5        derivative, or preparation of opium or opiate;
 6             (2)  any  salt,  compound,  isomer,  derivative,  or
 7        preparation  thereof  which  is  chemically equivalent or
 8        identical with any  of  the  substances  referred  to  in
 9        clause  (1), but not including the isoquinoline alkaloids
10        of opium;
11             (3)  opium poppy and poppy straw;
12             (4)  coca leaves and any  salts,  compound,  isomer,
13        salt  of  an  isomer,  derivative, or preparation of coca
14        leaves including  cocaine  or  ecgonine,  and  any  salt,
15        compound,  isomer,  derivative,  or  preparation  thereof
16        which  is  chemically equivalent or identical with any of
17        these substances, but  not  including  decocainized  coca
18        leaves or extractions of coca leaves which do not contain
19        cocaine  or  ecgonine (for the purpose of this paragraph,
20        the  term  "isomer"  includes  optical,  positional   and
21        geometric isomers).
22        (bb)  "Nurse" means a registered nurse licensed under the
23    Nursing and Advanced Practice Nursing Act.
24        (cc)  (Blank).
25        (dd)  "Opiate"  means  any  substance having an addiction
26    forming or addiction sustaining liability similar to morphine
27    or being capable of conversion into a drug  having  addiction
28    forming or addiction sustaining liability.
29        (ee)  "Opium  poppy"  means  the  plant  of  the  species
30    Papaver somniferum L., except its seeds.
31        (ff)  "Parole  and  Pardon  Board"  means  the Parole and
32    Pardon Board of  the  State  of  Illinois  or  its  successor
33    agency.
34        (gg)  "Person"   means   any   individual,   corporation,
 
                            -25-     LRB093 02637 DRJ 13496 a
 1    mail-order  pharmacy,  government or governmental subdivision
 2    or agency, business  trust,  estate,  trust,  partnership  or
 3    association, or any other entity.
 4        (hh)  "Pharmacist"   means   any   person   who  holds  a
 5    certificate of registration as  a  registered  pharmacist,  a
 6    local   registered   pharmacist  or  a  registered  assistant
 7    pharmacist under the Pharmacy Practice Act of 1987.
 8        (ii)  "Pharmacy" means any store, ship or other place  in
 9    which  pharmacy  is  authorized  to  be  practiced  under the
10    Pharmacy Practice Act of 1987.
11        (jj)  "Poppy straw" means all parts, except the seeds, of
12    the opium poppy, after mowing.
13        (kk)  "Practitioner"  means  a  physician   licensed   to
14    practice  medicine  in all its branches, dentist, podiatrist,
15    veterinarian, scientific investigator, pharmacist,  physician
16    assistant, advanced practice nurse, licensed practical nurse,
17    registered nurse, hospital, laboratory, or pharmacy, or other
18    person  licensed, registered, or otherwise lawfully permitted
19    by the United States or this State to  distribute,  dispense,
20    conduct  research  with  respect  to,  administer  or  use in
21    teaching or chemical analysis, a controlled substance in  the
22    course of professional practice or research.
23        (ll)  "Pre-printed    prescription"   means   a   written
24    prescription  upon  which  the  designated  drug   has   been
25    indicated prior to the time of issuance.
26        (mm)  "Prescriber" means a physician licensed to practice
27    medicine   in   all  its  branches,  dentist,  podiatrist  or
28    veterinarian who issues a prescription, a physician assistant
29    who issues a prescription  for  a  Schedule  III,  IV,  or  V
30    controlled  substance  in  accordance with Section 303.05 and
31    the written guidelines required  under  Section  7.5  of  the
32    Physician  Assistant  Practice  Act  of  1987, or an advanced
33    practice nurse with prescriptive authority in accordance with
34    Section 303.05 and a written  collaborative  agreement  under
 
                            -26-     LRB093 02637 DRJ 13496 a
 1    Sections 15-15 and 15-20 of the Nursing and Advanced Practice
 2    Nursing Act.
 3        (nn)  "Prescription"  means  a lawful written, facsimile,
 4    or verbal order of a physician licensed to practice  medicine
 5    in  all its branches, dentist, podiatrist or veterinarian for
 6    any controlled substance, of  a  physician  assistant  for  a
 7    Schedule  III,  IV,  or  V controlled substance in accordance
 8    with Section 303.05 and the written guidelines required under
 9    Section 7.5 of the Physician Assistant Practice Act of  1987,
10    or  of  an  advanced practice nurse who issues a prescription
11    for  a  Schedule  III,  IV,  or  V  controlled  substance  in
12    accordance with Section 303.05 and  a  written  collaborative
13    agreement  under  Sections 15-15 and 15-20 of the Nursing and
14    Advanced Practice Nursing Act.
15        (oo)  "Production"  or   "produce"   means   manufacture,
16    planting, cultivating, growing, or harvesting of a controlled
17    substance.
18        (pp)  "Registrant"  means every person who is required to
19    register under Section 302 of this Act.
20        (qq)  "Registry number" means the number assigned to each
21    person authorized to handle controlled substances  under  the
22    laws of the United States and of this State.
23        (rr)  "State"  includes  the  State  of  Illinois and any
24    state, district, commonwealth, territory, insular  possession
25    thereof,  and  any area subject to the legal authority of the
26    United States of America.
27        (ss)  "Ultimate  user"  means  a  person   who   lawfully
28    possesses  a  controlled substance for his own use or for the
29    use of a member of his household or for administering  to  an
30    animal owned by him or by a member of his household.
31    (Source:  P.A.  91-403,  eff.  1-1-00;  91-714,  eff. 6-2-00;
32    92-449, eff. 1-1-02.)

33        Section  35.   The  Cannabis  and  Controlled  Substances
 
                            -27-     LRB093 02637 DRJ 13496 a
 1    Tort Claims Act is amended by changing Section 3 as follows:

 2        (740 ILCS 20/3) (from Ch. 70, par. 903)
 3        Sec.  3.  Definitions.   As  used in this Act, unless the
 4    context otherwise requires:
 5        "Cannabis"  includes  marihuana,   hashish,   and   other
 6    substances  that are identified as including any parts of the
 7    plant Cannabis Sativa, whether growing or not, the  seeds  of
 8    that  plant, the resin extracted from any part of that plant,
 9    and any compound, manufacture, salt, derivative, mixture,  or
10    preparation  of  that  plant,  its seeds, or resin, including
11    tetrahydrocannabinol   (THC)   and   all   other   cannabinol
12    derivatives,   including   its   naturally    occurring    or
13    synthetically produced ingredients, whether produced directly
14    or  indirectly  by  extraction,  independently  by  means  of
15    chemical  synthesis,  or  by  a combination of extraction and
16    chemical synthesis. "Cannabis" does not  include  the  mature
17    stalks  of  that plant, fiber produced from those stalks, oil
18    or cake  made  from  the  seeds  of  that  plant,  any  other
19    compound,   manufacture,   salt,   derivative,   mixture,  or
20    preparation of mature stalks (except  the  extracted  resin),
21    fiber,  oil  or  cake,  or the sterilized seeds of that plant
22    that are incapable of germination.
23        "Controlled  substance"  means  a  drug,  substance,   or
24    immediate  precursor  in  the  Schedules of Article II of the
25    Illinois Controlled Substances Act.
26        "Counterfeit substance" means a controlled  substance  or
27    the  container  or  labeling  of a controlled substance that,
28    without authorization, bears the trademark,  trade  name,  or
29    other  identifying  mark,  imprint,  number,  device,  or any
30    likeness thereof of a manufacturer, distributor, or dispenser
31    other than the person who in fact manufactured,  distributed,
32    or dispensed the substance.
33        "Deliver"  or  "delivery" means the actual, constructive,
 
                            -28-     LRB093 02637 DRJ 13496 a
 1    or attempted transfer of possession of a controlled substance
 2    or cannabis, with or without consideration,  whether  or  not
 3    there is an agency relationship.
 4        "Manufacture"    means   the   production,   preparation,
 5    propagation, compounding,  conversion,  or  processing  of  a
 6    controlled  substance,  either  directly  or  indirectly,  by
 7    extraction  from  substances of natural origin, independently
 8    by means of  chemical  synthesis,  or  by  a  combination  of
 9    extraction and chemical synthesis, and includes any packaging
10    or repackaging of the substance or labeling of its container,
11    except that the term does not include:
12             (1)  by   an   ultimate  user,  the  preparation  or
13        compounding of a controlled substance for his own use;
14             (2)  by a practitioner or his authorized agent under
15        his supervision, the preparation, compounding, packaging,
16        or labeling of a controlled substance;
17                  (A)  as an incident  to  his  administering  or
18             dispensing  of  a controlled substance in the course
19             of his professional practice; or
20                  (B)  as  an  incident   to   lawful   research,
21             teaching or chemical analysis and not for sale; or
22             (3)  the  preparation,  compounding,  packaging,  or
23        labeling  of  cannabis as an incident to lawful research,
24        teaching, or chemical analysis and not for sale; or.
25             (4)  the packaging, repackaging, or  labeling  of  a
26        prescription  drug  to the extent permitted under Section
27        12-4.25d of the Illinois Public Aid Code.
28        "Owner" means a person  who  has  possession  of  or  any
29    interest whatsoever in the property involved.
30        "Person"   means   an   individual,   a   corporation,  a
31    government, a governmental subdivision or agency, a  business
32    trust,  an  estate, a trust, a partnership or association, or
33    any other entity.
34        "Production" means  planting,  cultivating,  tending,  or
 
                            -29-     LRB093 02637 DRJ 13496 a
 1    harvesting.
 2        "Property"  means real property, including things growing
 3    on, affixed to, and found in land, and tangible or intangible
 4    personal property, including  rights,  services,  privileges,
 5    interests, claims, and securities.
 6    (Source: P.A. 87-544.)".