093_HB0244eng

 
HB0244 Engrossed                     LRB093 02637 DRJ 02647 b

 1        AN ACT in relation to public aid.

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

 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 7        (Section scheduled to be repealed on January 1, 2008)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
23    content  and  usage  and generally considered and accepted as
24    harmless  and  nonpoisonous  when  used  according   to   the
25    directions  on  the  label,  and also do not contain opium or
26    coca leaves, or any compound, salt or derivative thereof,  or
27    any  drug  which,  according  to  the  latest editions of the
28    following   authoritative   pharmaceutical   treatises    and
29    standards,  namely,  The United States Pharmacopoeia/National
30    Formulary (USP/NF), the United States Dispensatory,  and  the
31    Accepted   Dental   Remedies   of   the   Council  of  Dental
 
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 1    Therapeutics of the American Dental  Association  or  any  or
 2    either  of them, in use on the effective date of this Act, or
 3    according to the existing provisions  of  the  Federal  Food,
 4    Drug,  and  Cosmetic Act and Regulations of the Department of
 5    Health and Human  Services,  Food  and  Drug  Administration,
 6    promulgated   thereunder   now   in  effect,  is  designated,
 7    described  or  considered  as  a  narcotic,  hypnotic,  habit
 8    forming, dangerous, or poisonous drug.;
 9        (d)  The  sale  of  poultry  and  livestock  remedies  in
10    original and unbroken packages only, labeled for poultry  and
11    livestock medication.;
12        (e)  The  sale  of  poisonous  substances  or  mixture of
13    poisonous substances, in unbroken packages, for  nonmedicinal
14    use  in  the  arts or industries or for insecticide purposes;
15    provided, they are properly  and  adequately  labeled  as  to
16    content  and  such nonmedicinal usage, in conformity with the
17    provisions of all applicable federal, state  and  local  laws
18    and regulations promulgated thereunder now in effect relating
19    thereto  and governing the same, and those which are required
20    under such applicable laws and regulations to be labeled with
21    the word "Poison", are also labeled with  the  word  "Poison"
22    printed  thereon  in prominent type and the name of a readily
23    obtainable antidote with directions for its administration.;
24        (f)  The delegation of limited prescriptive authority  by
25    a physician licensed to practice medicine in all its branches
26    to  a  physician assistant under Section 7.5 of the Physician
27    Assistant Practice Act of 1987. This delegated authority  may
28    but  is not required to include prescription of Schedule III,
29    IV, or V controlled substances, as defined in Article  II  of
30    the  Illinois  Controlled  Substances Act, in accordance with
31    written  guidelines  under  Section  7.5  of  the   Physician
32    Assistant Practice Act of 1987.; and
33        (g)  The  delegation of limited prescriptive authority by
34    a physician licensed to practice medicine in all its branches
 
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 1    to an advanced practice nurse in accordance  with  a  written
 2    collaborative agreement under Sections 15-15 and 15-20 of the
 3    Nursing  and  Advanced  Practice Nursing Act.  This delegated
 4    authority may but is not required to include the prescription
 5    of Schedule III, IV, or V controlled substances as defined in
 6    Article II of the Illinois Controlled Substances Act.
 7        (h)  The return and packaging, repackaging, and  labeling
 8    of  prescription  drugs to the extent permitted under Section
 9    12-4.25d of the Illinois Public Aid Code.
10    (Source: P.A. 90-116, eff.  7-14-97;  90-253,  eff.  7-29-97;
11    90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)

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

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

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

11        (305 ILCS 5/12-4.25d new)
12        Sec.   12-4.25d.  Nursing   homes;   return   of   unused
13    prescription drugs.
14        (a)  Pursuant to an agreement with the vendor pharmacy, a
15    provider  of  long-term  care  services  under  this Code may
16    return to the vendor pharmacy from which the drug product was
17    purchased,  for  repackaging   and   reimbursement   to   the
18    Department  of  Public  Aid,  a  drug  product  that  (i) was
19    dispensed to a resident  of  the  provider's  long-term  care
20    facility  and  not  used  and (ii) meets all of the following
21    criteria:
22             (1)  It is a prescription drug product that is not a
23        controlled substance.
24             (2)  It is sealed in an individually packaged unit.
25             (3)  It is returned to the  vendor  pharmacy  within
26        the  recommended  period of shelf life for the purpose of
27        redispensing the drug product.
28             (4)  It is determined to be of acceptable  integrity
29        by a licensed pharmacist.
30             (5)  It   consists   of   (i)   oral  or  parenteral
31        medication in a single-dose sealed container approved  by
32        the  federal Food and Drug Administration, (ii) a topical
 
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 1        or inhalant  drug  product  in  a  unit-of-use  container
 2        approved  by the federal Food and Drug Administration, or
 3        (iii) a parenteral medication in a  multiple-dose  sealed
 4        container   approved   by   the  federal  Food  and  Drug
 5        Administration.
 6             (6)  No doses have been withdrawn from the container
 7        in which the drug product is packaged.
 8        An  agreement  between  a  provider  of  long-term   care
 9    services  under  this Code and a vendor pharmacy as described
10    in this subsection must comply with subsection (b).
11        (b)  Notwithstanding the provisions of subsection (a):
12             (1)  If  a  drug  product   is   packaged   in   the
13        manufacturer's unit-dose package, the drug product may be
14        returned  to  the  vendor  pharmacy  for redispensing and
15        reimbursement to the Department of Public Aid if the drug
16        may be redispensed for use before the expiration date, if
17        any, indicated on the package.
18             (2)  If  the  drug  product  is  repackaged  in  the
19        manufacturer's unit-dose or multiple-dose  blister  pack,
20        the  drug  product may be returned to the vendor pharmacy
21        for redispensing and reimbursement to the  Department  of
22        Public Aid if:
23                  (A)  the  date  on  which  the drug product was
24             repackaged and the drug  product's  lot  number  and
25             expiration date are indicated clearly on the package
26             of the repackaged drug product;
27                  (B)  ninety days or fewer have elapsed from the
28             date the drug product was repackaged; and
29                  (C)  a  repackaging  log  is  maintained by the
30             pharmacy in the case of drug products repackaged  in
31             advance of immediate needs.
32             (3)  A  drug  product dispensed in a bulk dispensing
33        container may not be returned to the vendor pharmacy.
34        (c)  A provider of long  term-care  services  under  this
 
HB0244 Engrossed            -8-      LRB093 02637 DRJ 02647 b
 1    Code  may establish procedures for the return of unused  drug
 2    products  to  the  vendor  pharmacies  from  which  the  drug
 3    products were purchased.
 4        (d)  The Department of Public Aid:
 5             (1)  shall adopt  rules  for  the  reimbursement  of
 6        unused  or  redispensed  drugs  under this Section in the
 7        case of providers of long-term care services  and  vendor
 8        pharmacies that have entered into agreements described in
 9        subsection (a);
10             (2)  shall  reimburse  to  the  vendor  pharmacy the
11        reasonable   cost   of   services   incurred    in    the
12        implementation  of  this  Section,  as  determined by the
13        Director of Public Aid; and
14             (3)  may  establish  procedures,  if  feasible,  for
15        reimbursement to non-Medicaid payors  for  drug  products
16        returned under this Section.
17        (e)  The  Department  of Public Aid, in consultation with
18    the Department of Professional Regulation, shall adopt  rules
19    to  govern  the  repackaging  and  labeling  of drug products
20    returned under this Section. The rules must provide  for  the
21    following:
22             (1)  A   formulary  for  the  drug  products  to  be
23        returned for repackaging.
24             (2)  The protection of the privacy of the individual
25        for whom the drug product was originally prescribed.
26             (3)  The integrity, safe storage, and safe  transfer
27        of  the  drug product, which may include, but need not be
28        limited  to,  limiting  the  drugs  to  those  that  were
29        originally dispensed by  unit  dose  or  an  individually
30        sealed dose or that remain in intact packaging.
31             (4)  The tracking of and accountability for the drug
32        products.
33             (5)  Other  matters  necessary for implementing this
34        Section.
 
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 1        Section 20.  The Senior Pharmaceutical Assistance Act  is
 2    amended by changing Section 10 as follows:

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

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

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

 9        (410 ILCS 620/16.10 new)
10        Sec. 16.10.  Drug repository program.
11        (a)  In   this  Section,  "drug  repository  program"  or
12    "program" means the drug repository  program  established  by
13    the  Department  of  Professional Regulation under subsection
14    (b).
15        (b)  The  Department  of  Professional   Regulation,   in
16    cooperation  with  the  Department  of  Public  Health, shall
17    establish a drug repository program to  accept  and  dispense
18    prescription drugs donated for the purpose of being dispensed
19    to  individuals  who  are  residents  of  this State and meet
20    eligibility standards established in  rules  adopted  by  the
21    Department  of  Professional Regulation under subsection (e).
22    Only  drugs  in  their  original  sealed  and  tamper-evident
23    unit-dose  packaging  may  be  accepted  and  dispensed.  The
24    packaging must be unopened, except  that  drugs  packaged  in
25    single-unit  doses  may  be  accepted  and dispensed when the
26    outside packaging is opened if the single-unit dose packaging
27    is undisturbed.  Drugs  donated  by  individuals  bearing  an
28    expiration  date that is less than 6 months from the date the
29    drug is donated shall not be accepted or  dispensed.  A  drug
30    shall  not  be  accepted  or  dispensed if there is reason to
31    believe that it is adulterated as described  in  Section  14.
32    Subject  to  the limitation specified in this Section, unused
33    drugs  dispensed  for  purposes  of  the  medical  assistance
 
HB0244 Engrossed            -13-     LRB093 02637 DRJ 02647 b
 1    program under Article V of the Illinois Public Aid  Code  may
 2    be accepted and dispensed under the drug repository program.
 3        (c)  Any  person,  including  a  drug manufacturer or any
 4    health care facility, may donate prescription  drugs  to  the
 5    drug  repository  program.  The  drugs  must  be donated at a
 6    pharmacy,  hospital,  or  nonprofit  clinic  that  elects  to
 7    participate  in  the   program   and   meets   criteria   for
 8    participation  in the program established in rules adopted by
 9    the Department of Professional  Regulation  under  subsection
10    (e).  Participation  in the program by pharmacies, hospitals,
11    and nonprofit clinics is voluntary. Nothing in  this  Section
12    or  any other provision of law requires a pharmacy, hospital,
13    or nonprofit clinic to participate in the program.
14        (d)  A pharmacy, hospital, or nonprofit  clinic  eligible
15    to  participate in the drug repository program shall dispense
16    drugs donated under  this  Section  to  individuals  who  are
17    residents  of  this  State and meet the eligibility standards
18    established  in  rules   adopted   by   the   Department   of
19    Professional  Regulation  under  subsection  (e)  or to other
20    government entities and  nonprofit  private  entities  to  be
21    dispensed   to   individuals   who   meet  those  eligibility
22    standards. A  drug  may  be  dispensed  only  pursuant  to  a
23    prescription   issued   by  a  licensed  health  professional
24    authorized  to  prescribe  drugs,  as  provided  by  law.   A
25    pharmacy,  hospital, or nonprofit clinic that accepts donated
26    drugs must comply with all applicable federal laws  and  laws
27    of  this  State  dealing  with  storage  and  distribution of
28    dangerous drugs and must inspect all drugs before  dispensing
29    them   to  determine  that  they  are  not  adulterated.  The
30    pharmacy,  hospital,   or   nonprofit   clinic   may   charge
31    individuals   receiving   donated   drugs   a   handling  fee
32    established  in  accordance  with  rules   adopted   by   the
33    Department  of  Professional Regulation under subsection (e).
34    Drugs donated to the  drug  repository  program  may  not  be
 
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 1    resold.
 2        (e)  In   consultation  with  the  Department  of  Public
 3    Health, the Department of Professional Regulation shall adopt
 4    rules governing the drug repository  program  that  establish
 5    all of the following:
 6             (1)  Eligibility criteria for pharmacies, hospitals,
 7        and  nonprofit  clinics  to  receive and dispense donated
 8        drugs under the program.
 9             (2)  Standards and procedures for accepting,  safely
10        storing, and dispensing donated drugs.
11             (3)  Standards and procedures for inspecting donated
12        drugs  to determine that the original unit-dose packaging
13        is sealed and  tamper-evident  and  that  the  drugs  are
14        unadulterated, safe, and suitable for dispensing.
15             (4)  Eligibility   standards   for   individuals  to
16        receive donated drugs under  the  program,  based  on  an
17        individual's economic need.
18             (5)  A  means,  such  as  an identification card, by
19        which an individual who is eligible  to  receive  donated
20        drugs   may  demonstrate  eligibility  to  the  pharmacy,
21        hospital, or nonprofit clinic dispensing the drugs.
22             (6)  For   drugs   donated   to   the   program   by
23        individuals:
24                  (A)  A  list  of  drugs,  arranged  either   by
25             category  or  by  individual  drug, that the program
26             will accept from individuals.
27                  (B)  A  list  of  drugs,  arranged  either   by
28             category  or  by  individual  drug, that the program
29             will not accept  from  individuals.  The  list  must
30             include  a  statement  as  to  why each such drug is
31             ineligible for donation.
32                  (C)  A form that each donor must  sign  stating
33             that the donor is the owner of the drugs and intends
34             to voluntarily donate them to the program.
 
HB0244 Engrossed            -15-     LRB093 02637 DRJ 02647 b
 1             (7)  For drugs donated to the program by health care
 2        facilities:
 3                  (A)  A   list  of  drugs,  arranged  either  by
 4             category or by individual  drug,  that  the  program
 5             will accept from health care facilities.
 6                  (B)  A   list  of  drugs,  arranged  either  by
 7             category or by individual  drug,  that  the  program
 8             will  not  accept  from  health care facilities. The
 9             list must include a statement as to  why  each  such
10             drug is ineligible for donation.
11             (8)  Any   other   standards   and   procedures  the
12        Department of Professional  Regulation,  in  consultation
13        with   the   Department   of   Public  Health,  considers
14        appropriate.

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

17        (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
18        Sec.  102.  Definitions.  As used in this Act, unless the
19    context otherwise requires:
20        (a)  "Addict" means any person who  habitually  uses  any
21    drug,  chemical,  substance  or  dangerous  drug  other  than
22    alcohol  so  as to endanger the public morals, health, safety
23    or welfare or who  is  so  far  addicted  to  the  use  of  a
24    dangerous  drug or controlled substance other than alcohol as
25    to have lost the power of self control with reference to  his
26    addiction.
27        (b)  "Administer"  means  the  direct  application  of  a
28    controlled   substance,  whether  by  injection,  inhalation,
29    ingestion, or any other means, to the body of  a  patient  or
30    research subject by:
31             (1)  a  practitioner  (or,  in  his presence, by his
32        authorized agent), or
 
HB0244 Engrossed            -16-     LRB093 02637 DRJ 02647 b
 1             (2)  the patient or research subject at  the  lawful
 2        direction of the practitioner.
 3        (c)  "Agent"  means  an  authorized  person  who  acts on
 4    behalf of or at the direction of a manufacturer, distributor,
 5    or dispenser.  It does  not  include  a  common  or  contract
 6    carrier,  public  warehouseman  or employee of the carrier or
 7    warehouseman.
 8        (c-1)  "Anabolic Steroids" means  any  drug  or  hormonal
 9    substance,   chemically   and  pharmacologically  related  to
10    testosterone   (other   than   estrogens,   progestins,   and
11    corticosteroids) that promotes muscle growth, and includes:
12                  (i)  boldenone,
13                  (ii)  chlorotestosterone,
14                  (iii)  chostebol,
15                  (iv)  dehydrochlormethyltestosterone,
16                  (v)  dihydrotestosterone,
17                  (vi)  drostanolone,
18                  (vii)  ethylestrenol,
19                  (viii)  fluoxymesterone,
20                  (ix)  formebulone,
21                  (x)  mesterolone,
22                  (xi)  methandienone,
23                  (xii)  methandranone,
24                  (xiii)  methandriol,
25                  (xiv)  methandrostenolone,
26                  (xv)  methenolone,
27                  (xvi)  methyltestosterone,
28                  (xvii)  mibolerone,
29                  (xviii)  nandrolone,
30                  (xix)  norethandrolone,
31                  (xx)  oxandrolone,
32                  (xxi)  oxymesterone,
33                  (xxii)  oxymetholone,
34                  (xxiii)  stanolone,
 
HB0244 Engrossed            -17-     LRB093 02637 DRJ 02647 b
 1                  (xxiv)  stanozolol,
 2                  (xxv)  testolactone,
 3                  (xxvi)  testosterone,
 4                  (xxvii)  trenbolone, and
 5                  (xxviii)  any salt, ester, or isomer of a  drug
 6             or  substance described or listed in this paragraph,
 7             if that  salt,  ester,  or  isomer  promotes  muscle
 8             growth.
 9        Any  person who is otherwise lawfully in possession of an
10    anabolic steroid, or  who  otherwise  lawfully  manufactures,
11    distributes, dispenses, delivers, or possesses with intent to
12    deliver  an  anabolic  steroid,  which  anabolic  steroid  is
13    expressly   intended   for   and   lawfully   allowed  to  be
14    administered through implants to livestock or other  nonhuman
15    species, and which is approved by the Secretary of Health and
16    Human  Services for such administration, and which the person
17    intends to  administer  or  have  administered  through  such
18    implants,  shall  not  be  considered  to  be in unauthorized
19    possession  or   to   unlawfully   manufacture,   distribute,
20    dispense,  deliver,  or  possess  with intent to deliver such
21    anabolic steroid for purposes of this Act.
22        (d)  "Administration"   means   the   Drug    Enforcement
23    Administration,  United  States Department of Justice, or its
24    successor agency.
25        (e)  "Control" means to add a drug or other substance, or
26    immediate precursor, to a Schedule under Article II  of  this
27    Act whether by transfer from another Schedule or otherwise.
28        (f)  "Controlled  Substance"  means a drug, substance, or
29    immediate precursor in the Schedules of Article  II  of  this
30    Act.
31        (g)  "Counterfeit    substance"    means   a   controlled
32    substance, which, or the  container  or  labeling  of  which,
33    without  authorization  bears  the  trademark, trade name, or
34    other identifying mark, imprint, number  or  device,  or  any
 
HB0244 Engrossed            -18-     LRB093 02637 DRJ 02647 b
 1    likeness   thereof,   of   a  manufacturer,  distributor,  or
 2    dispenser other than the person  who  in  fact  manufactured,
 3    distributed, or dispensed the substance.
 4        (h)  "Deliver"    or   "delivery"   means   the   actual,
 5    constructive  or  attempted  transfer  of  possession  of   a
 6    controlled  substance, with or without consideration, whether
 7    or not there is an agency relationship.
 8        (i)  "Department" means the Illinois Department of  Human
 9    Services  (as  successor  to the Department of Alcoholism and
10    Substance Abuse) or its successor agency.
11        (j)  "Department of State Police" means the Department of
12    State Police of  the  State  of  Illinois  or  its  successor
13    agency.
14        (k)  "Department  of Corrections" means the Department of
15    Corrections of the State of Illinois or its successor agency.
16        (l)  "Department of Professional  Regulation"  means  the
17    Department   of  Professional  Regulation  of  the  State  of
18    Illinois or its successor agency.
19        (m)  "Depressant" or "stimulant substance" means:
20             (1)  a drug  which  contains  any  quantity  of  (i)
21        barbituric  acid  or  any of the salts of barbituric acid
22        which has been designated as habit forming under  section
23        502  (d)  of the Federal Food, Drug, and Cosmetic Act (21
24        U.S.C. 352 (d)); or
25             (2)  a drug  which  contains  any  quantity  of  (i)
26        amphetamine  or  methamphetamine and any of their optical
27        isomers; (ii) any salt of amphetamine or  methamphetamine
28        or any salt of an optical isomer of amphetamine; or (iii)
29        any  substance which the Department, after investigation,
30        has found to be, and by rule designated as, habit forming
31        because of its depressant  or  stimulant  effect  on  the
32        central nervous system; or
33             (3)  lysergic acid diethylamide; or
34             (4)  any  drug  which  contains  any  quantity  of a
 
HB0244 Engrossed            -19-     LRB093 02637 DRJ 02647 b
 1        substance which the Department, after investigation,  has
 2        found  to  have,  and  by  rule  designated  as having, a
 3        potential  for  abuse  because  of  its   depressant   or
 4        stimulant  effect  on  the  central nervous system or its
 5        hallucinogenic effect.
 6        (n)  (Blank).
 7        (o)  "Director" means the Director of the  Department  of
 8    State  Police or the Department of Professional Regulation or
 9    his designated agents.
10        (p)  "Dispense" means to deliver a  controlled  substance
11    to an ultimate user or research subject by or pursuant to the
12    lawful  order  of  a  prescriber,  including the prescribing,
13    administering, packaging, labeling, or compounding  necessary
14    to prepare the substance for that delivery.
15        (q)  "Dispenser" means a practitioner who dispenses.
16        (r)  "Distribute"   means   to  deliver,  other  than  by
17    administering or dispensing, a controlled substance.
18        (s)  "Distributor" means a person who distributes.
19        (t)  "Drug" means (1) substances recognized as  drugs  in
20    the    official   United   States   Pharmacopoeia,   Official
21    Homeopathic Pharmacopoeia of the United States,  or  official
22    National  Formulary,  or  any  supplement to any of them; (2)
23    substances intended for use in diagnosis,  cure,  mitigation,
24    treatment,  or  prevention  of disease in man or animals; (3)
25    substances (other than food) intended to affect the structure
26    of any function of  the  body  of  man  or  animals  and  (4)
27    substances  intended  for  use  as a component of any article
28    specified in clause (1), (2), or (3) of this subsection.   It
29    does  not  include  devices  or  their  components, parts, or
30    accessories.
31        (t-5)  "Euthanasia agency" means an entity  certified  by
32    the  Department of Professional Regulation for the purpose of
33    animal euthanasia  that  holds  an  animal  control  facility
34    license  or  animal  shelter license under the Animal Welfare
 
HB0244 Engrossed            -20-     LRB093 02637 DRJ 02647 b
 1    Act.  A euthanasia agency is authorized to  purchase,  store,
 2    possess, and utilize Schedule II nonnarcotic and Schedule III
 3    nonnarcotic drugs for the sole purpose of animal euthanasia.
 4        (u)  "Good  faith" means the prescribing or dispensing of
 5    a controlled substance  by  a  practitioner  in  the  regular
 6    course  of professional treatment to or for any person who is
 7    under his treatment for a pathology or condition  other  than
 8    that  individual's  physical or psychological dependence upon
 9    or addiction to a controlled substance,  except  as  provided
10    herein:   and  application  of the term to a pharmacist shall
11    mean the dispensing of a controlled substance pursuant to the
12    prescriber's order which in the professional judgment of  the
13    pharmacist  is  lawful.   The  pharmacist  shall be guided by
14    accepted professional standards including, but not limited to
15    the following, in making the judgment:
16             (1)  lack   of   consistency    of    doctor-patient
17        relationship,
18             (2)  frequency of prescriptions for same drug by one
19        prescriber for large numbers of patients,
20             (3)  quantities beyond those normally prescribed,
21             (4)  unusual dosages,
22             (5)  unusual  geographic  distances between patient,
23        pharmacist and prescriber,
24             (6)  consistent prescribing of habit-forming drugs.
25        (u-1)  "Home infusion services" means  services  provided
26    by   a   pharmacy   in   compounding   solutions  for  direct
27    administration to a patient in a private residence, long-term
28    care facility, or hospice setting  by  means  of  parenteral,
29    intravenous,   intramuscular,  subcutaneous,  or  intraspinal
30    infusion.
31        (v)  "Immediate precursor" means a substance:
32             (1)  which the Department has found  to  be  and  by
33        rule  designated  as  being a principal compound used, or
34        produced primarily for  use,  in  the  manufacture  of  a
 
HB0244 Engrossed            -21-     LRB093 02637 DRJ 02647 b
 1        controlled substance;
 2             (2)  which  is  an  immediate  chemical intermediary
 3        used or likely to be used  in  the  manufacture  of  such
 4        controlled substance; and
 5             (3)  the  control  of which is necessary to prevent,
 6        curtail or  limit  the  manufacture  of  such  controlled
 7        substance.
 8        (w)  "Instructional   activities"   means   the  acts  of
 9    teaching, educating or  instructing  by  practitioners  using
10    controlled  substances within educational facilities approved
11    by the State Board of Education or its successor agency.
12        (x)  "Local authorities" means a  duly  organized  State,
13    County or Municipal peace unit or police force.
14        (y)  "Look-alike substance" means a substance, other than
15    a  controlled  substance  which  (1)  by  overall dosage unit
16    appearance, including shape, color, size,  markings  or  lack
17    thereof,   taste,   consistency,  or  any  other  identifying
18    physical  characteristic  of  the  substance,  would  lead  a
19    reasonable  person  to  believe  that  the  substance  is   a
20    controlled  substance,  or  (2)  is  expressly  or  impliedly
21    represented  to  be  a controlled substance or is distributed
22    under circumstances which would lead a reasonable  person  to
23    believe that the substance is a controlled substance. For the
24    purpose  of  determining  whether the representations made or
25    the circumstances of the distribution would lead a reasonable
26    person to believe the substance to be a controlled  substance
27    under  this  clause (2) of subsection (y), the court or other
28    authority may consider the following factors in  addition  to
29    any other factor that may be relevant:
30             (a)  statements  made  by  the  owner  or  person in
31        control of the substance concerning its  nature,  use  or
32        effect;
33             (b)  statements  made to the buyer or recipient that
34        the substance may be resold for profit;
 
HB0244 Engrossed            -22-     LRB093 02637 DRJ 02647 b
 1             (c)  whether the substance is packaged in  a  manner
 2        normally  used for the illegal distribution of controlled
 3        substances;
 4             (d)  whether   the   distribution    or    attempted
 5        distribution  included an exchange of or demand for money
 6        or other  property  as  consideration,  and  whether  the
 7        amount  of  the  consideration  was substantially greater
 8        than the reasonable retail market value of the substance.
 9        Clause (1) of this subsection (y) shall not  apply  to  a
10    noncontrolled  substance in its finished dosage form that was
11    initially introduced  into  commerce  prior  to  the  initial
12    introduction  into  commerce of a controlled substance in its
13    finished dosage form which it may substantially resemble.
14        Nothing in this subsection (y) prohibits  the  dispensing
15    or   distributing  of  noncontrolled  substances  by  persons
16    authorized to dispense and distribute  controlled  substances
17    under  this Act, provided that such action would be deemed to
18    be carried out in good faith  under  subsection  (u)  if  the
19    substances involved were controlled substances.
20        Nothing  in  this subsection (y) or in this Act prohibits
21    the  manufacture,  preparation,   propagation,   compounding,
22    processing,  packaging, advertising or distribution of a drug
23    or drugs by any person registered pursuant to Section 510  of
24    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
25        (y-1)  "Mail-order  pharmacy"  means  a  pharmacy that is
26    located in a state of the United States, other than Illinois,
27    that delivers, dispenses or distributes, through  the  United
28    States  Postal  Service  or other common carrier, to Illinois
29    residents, any substance which requires a prescription.
30        (z)  "Manufacture"  means  the  production,  preparation,
31    propagation,  compounding,  conversion  or  processing  of  a
32    controlled  substance,  either  directly  or  indirectly,  by
33    extraction   from   substances   of   natural   origin,    or
34    independently  by  means  of  chemical  synthesis,  or  by  a
 
HB0244 Engrossed            -23-     LRB093 02637 DRJ 02647 b
 1    combination   of   extraction  and  chemical  synthesis,  and
 2    includes any packaging or repackaging  of  the  substance  or
 3    labeling  of  its  container,  except that this term does not
 4    include:
 5             (1)  by  an  ultimate  user,  the   preparation   or
 6        compounding of a controlled substance for his own use; or
 7             (2)  by  a  practitioner,  or  his  authorized agent
 8        under  his  supervision,  the  preparation,  compounding,
 9        packaging, or labeling of a controlled substance:
10                  (a)  as an incident  to  his  administering  or
11             dispensing  of  a controlled substance in the course
12             of his professional practice; or
13                  (b)  as  an  incident   to   lawful   research,
14             teaching or chemical analysis and not for sale; or.
15             (3)  the  packaging,  repackaging,  or labeling of a
16        prescription drug to the extent permitted  under  Section
17        12-4.25d of the Illinois Public Aid Code.
18        (z-1)  "Methamphetamine manufacturing chemical" means any
19    of  the  following  chemicals or substances containing any of
20    the following chemicals:  benzyl  methyl  ketone,  ephedrine,
21    methyl  benzyl  ketone, phenylacetone, phenyl-2-propanone, or
22    pseudoephedrine or any of  the  salts,  optical  isomers,  or
23    salts of optical isomers of the above-listed chemicals.
24        (aa)  "Narcotic drug" means any of the following, whether
25    produced directly or indirectly by extraction from substances
26    of  natural  origin,  or  independently  by means of chemical
27    synthesis, or by a combination  of  extraction  and  chemical
28    synthesis:
29             (1)  opium  and  opiate,  and  any  salt,  compound,
30        derivative, or preparation of opium or opiate;
31             (2)  any  salt,  compound,  isomer,  derivative,  or
32        preparation  thereof  which  is  chemically equivalent or
33        identical with any  of  the  substances  referred  to  in
34        clause  (1), but not including the isoquinoline alkaloids
 
HB0244 Engrossed            -24-     LRB093 02637 DRJ 02647 b
 1        of opium;
 2             (3)  opium poppy and poppy straw;
 3             (4)  coca leaves and any  salts,  compound,  isomer,
 4        salt  of  an  isomer,  derivative, or preparation of coca
 5        leaves including  cocaine  or  ecgonine,  and  any  salt,
 6        compound,  isomer,  derivative,  or  preparation  thereof
 7        which  is  chemically equivalent or identical with any of
 8        these substances, but  not  including  decocainized  coca
 9        leaves or extractions of coca leaves which do not contain
10        cocaine  or  ecgonine (for the purpose of this paragraph,
11        the  term  "isomer"  includes  optical,  positional   and
12        geometric isomers).
13        (bb)  "Nurse" means a registered nurse licensed under the
14    Nursing and Advanced Practice Nursing Act.
15        (cc)  (Blank).
16        (dd)  "Opiate"  means  any  substance having an addiction
17    forming or addiction sustaining liability similar to morphine
18    or being capable of conversion into a drug  having  addiction
19    forming or addiction sustaining liability.
20        (ee)  "Opium  poppy"  means  the  plant  of  the  species
21    Papaver somniferum L., except its seeds.
22        (ff)  "Parole  and  Pardon  Board"  means  the Parole and
23    Pardon Board of  the  State  of  Illinois  or  its  successor
24    agency.
25        (gg)  "Person"   means   any   individual,   corporation,
26    mail-order  pharmacy,  government or governmental subdivision
27    or agency, business  trust,  estate,  trust,  partnership  or
28    association, or any other entity.
29        (hh)  "Pharmacist"   means   any   person   who  holds  a
30    certificate of registration as  a  registered  pharmacist,  a
31    local   registered   pharmacist  or  a  registered  assistant
32    pharmacist under the Pharmacy Practice Act of 1987.
33        (ii)  "Pharmacy" means any store, ship or other place  in
34    which  pharmacy  is  authorized  to  be  practiced  under the
 
HB0244 Engrossed            -25-     LRB093 02637 DRJ 02647 b
 1    Pharmacy Practice Act of 1987.
 2        (jj)  "Poppy straw" means all parts, except the seeds, of
 3    the opium poppy, after mowing.
 4        (kk)  "Practitioner"  means  a  physician   licensed   to
 5    practice  medicine  in all its branches, dentist, podiatrist,
 6    veterinarian, scientific investigator, pharmacist,  physician
 7    assistant, advanced practice nurse, licensed practical nurse,
 8    registered nurse, hospital, laboratory, or pharmacy, or other
 9    person  licensed, registered, or otherwise lawfully permitted
10    by the United States or this State to  distribute,  dispense,
11    conduct  research  with  respect  to,  administer  or  use in
12    teaching or chemical analysis, a controlled substance in  the
13    course of professional practice or research.
14        (ll)  "Pre-printed    prescription"   means   a   written
15    prescription  upon  which  the  designated  drug   has   been
16    indicated prior to the time of issuance.
17        (mm)  "Prescriber" means a physician licensed to practice
18    medicine   in   all  its  branches,  dentist,  podiatrist  or
19    veterinarian who issues a prescription, a physician assistant
20    who issues a prescription  for  a  Schedule  III,  IV,  or  V
21    controlled  substance  in  accordance with Section 303.05 and
22    the written guidelines required  under  Section  7.5  of  the
23    Physician  Assistant  Practice  Act  of  1987, or an advanced
24    practice nurse with prescriptive authority in accordance with
25    Section 303.05 and a written  collaborative  agreement  under
26    Sections 15-15 and 15-20 of the Nursing and Advanced Practice
27    Nursing Act.
28        (nn)  "Prescription"  means  a lawful written, facsimile,
29    or verbal order of a physician licensed to practice  medicine
30    in  all its branches, dentist, podiatrist or veterinarian for
31    any controlled substance, of  a  physician  assistant  for  a
32    Schedule  III,  IV,  or  V controlled substance in accordance
33    with Section 303.05 and the written guidelines required under
34    Section 7.5 of the Physician Assistant Practice Act of  1987,
 
HB0244 Engrossed            -26-     LRB093 02637 DRJ 02647 b
 1    or  of  an  advanced practice nurse who issues a prescription
 2    for  a  Schedule  III,  IV,  or  V  controlled  substance  in
 3    accordance with Section 303.05 and  a  written  collaborative
 4    agreement  under  Sections 15-15 and 15-20 of the Nursing and
 5    Advanced Practice Nursing Act.
 6        (oo)  "Production"  or   "produce"   means   manufacture,
 7    planting, cultivating, growing, or harvesting of a controlled
 8    substance.
 9        (pp)  "Registrant"  means every person who is required to
10    register under Section 302 of this Act.
11        (qq)  "Registry number" means the number assigned to each
12    person authorized to handle controlled substances  under  the
13    laws of the United States and of this State.
14        (rr)  "State"  includes  the  State  of  Illinois and any
15    state, district, commonwealth, territory, insular  possession
16    thereof,  and  any area subject to the legal authority of the
17    United States of America.
18        (ss)  "Ultimate  user"  means  a  person   who   lawfully
19    possesses  a  controlled substance for his own use or for the
20    use of a member of his household or for administering  to  an
21    animal owned by him or by a member of his household.
22    (Source:  P.A.  91-403,  eff.  1-1-00;  91-714,  eff. 6-2-00;
23    92-449, eff. 1-1-02.)

24        Section  35.   The  Cannabis  and  Controlled  Substances
25    Tort Claims Act is amended by changing Section 3 as follows:

26        (740 ILCS 20/3) (from Ch. 70, par. 903)
27        Sec.  3.  Definitions.   As  used in this Act, unless the
28    context otherwise requires:
29        "Cannabis"  includes  marihuana,   hashish,   and   other
30    substances  that are identified as including any parts of the
31    plant Cannabis Sativa, whether growing or not, the  seeds  of
32    that  plant, the resin extracted from any part of that plant,
 
HB0244 Engrossed            -27-     LRB093 02637 DRJ 02647 b
 1    and any compound, manufacture, salt, derivative, mixture,  or
 2    preparation  of  that  plant,  its seeds, or resin, including
 3    tetrahydrocannabinol   (THC)   and   all   other   cannabinol
 4    derivatives,   including   its   naturally    occurring    or
 5    synthetically produced ingredients, whether produced directly
 6    or  indirectly  by  extraction,  independently  by  means  of
 7    chemical  synthesis,  or  by  a combination of extraction and
 8    chemical synthesis. "Cannabis" does not  include  the  mature
 9    stalks  of  that plant, fiber produced from those stalks, oil
10    or cake  made  from  the  seeds  of  that  plant,  any  other
11    compound,   manufacture,   salt,   derivative,   mixture,  or
12    preparation of mature stalks (except  the  extracted  resin),
13    fiber,  oil  or  cake,  or the sterilized seeds of that plant
14    that are incapable of germination.
15        "Controlled  substance"  means  a  drug,  substance,   or
16    immediate  precursor  in  the  Schedules of Article II of the
17    Illinois Controlled Substances Act.
18        "Counterfeit substance" means a controlled  substance  or
19    the  container  or  labeling  of a controlled substance that,
20    without authorization, bears the trademark,  trade  name,  or
21    other  identifying  mark,  imprint,  number,  device,  or any
22    likeness thereof of a manufacturer, distributor, or dispenser
23    other than the person who in fact manufactured,  distributed,
24    or dispensed the substance.
25        "Deliver"  or  "delivery" means the actual, constructive,
26    or attempted transfer of possession of a controlled substance
27    or cannabis, with or without consideration,  whether  or  not
28    there is an agency relationship.
29        "Manufacture"    means   the   production,   preparation,
30    propagation, compounding,  conversion,  or  processing  of  a
31    controlled  substance,  either  directly  or  indirectly,  by
32    extraction  from  substances of natural origin, independently
33    by means of  chemical  synthesis,  or  by  a  combination  of
34    extraction and chemical synthesis, and includes any packaging
 
HB0244 Engrossed            -28-     LRB093 02637 DRJ 02647 b
 1    or repackaging of the substance or labeling of its container,
 2    except that the term does not include:
 3             (1)  by   an   ultimate  user,  the  preparation  or
 4        compounding of a controlled substance for his own use;
 5             (2)  by a practitioner or his authorized agent under
 6        his supervision, the preparation, compounding, packaging,
 7        or labeling of a controlled substance;
 8                  (A)  as an incident  to  his  administering  or
 9             dispensing  of  a controlled substance in the course
10             of his professional practice; or
11                  (B)  as  an  incident   to   lawful   research,
12             teaching or chemical analysis and not for sale; or
13             (3)  the  preparation,  compounding,  packaging,  or
14        labeling  of  cannabis as an incident to lawful research,
15        teaching, or chemical analysis and not for sale; or.
16             (4)  the packaging, repackaging, or  labeling  of  a
17        prescription  drug  to the extent permitted under Section
18        12-4.25d of the Illinois Public Aid Code.
19        "Owner" means a person  who  has  possession  of  or  any
20    interest whatsoever in the property involved.
21        "Person"   means   an   individual,   a   corporation,  a
22    government, a governmental subdivision or agency, a  business
23    trust,  an  estate, a trust, a partnership or association, or
24    any other entity.
25        "Production" means  planting,  cultivating,  tending,  or
26    harvesting.
27        "Property"  means real property, including things growing
28    on, affixed to, and found in land, and tangible or intangible
29    personal property, including  rights,  services,  privileges,
30    interests, claims, and securities.
31    (Source: P.A. 87-544.)