093_HB0648sam001











                                     LRB093 07281 RLC 19768 a

 1                     AMENDMENT TO HOUSE BILL 648

 2        AMENDMENT NO.     .  Amend House Bill  648  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Humane Euthanasia in Animal Shelters Act
 5    is amended by changing Sections 35, 55, and 57 as follows:

 6        (510 ILCS 72/35)
 7        Sec. 35.  Technician certification; duties.
 8        (a)  An  applicant  for  certification  as  a  euthanasia
 9    technician  shall file an application with the Department and
10    shall:
11             (1)  Be 18 years of age.
12             (2)  Be of good  moral  character.   In  determining
13        moral  character  under  this Section, the Department may
14        take into consideration whether the applicant has engaged
15        in conduct or activities that  would  constitute  grounds
16        for discipline under this Act.
17             (3)  Each   applicant   for   certification   as   a
18        euthanasia  technician shall have his or her fingerprints
19        submitted  to  the  Department  of  State  Police  in  an
20        electronic format that complies with the form and  manner
21        for  requesting  and  furnishing  criminal history record
22        information as prescribed  by  the  Department  of  State
 
                            -2-      LRB093 07281 RLC 19768 a
 1        Police.   These fingerprints shall be checked against the
 2        Department  of  State  Police  and  Federal   Bureau   of
 3        Investigation  criminal  history record databases now and
 4        hereafter filed.  The Department of  State  Police  shall
 5        charge  applicants  a  fee  for  conducting  the criminal
 6        history records check, which shall be  deposited  in  the
 7        State  Police  Services  Fund  and  shall  not exceed the
 8        actual cost of the  records  check.   The  Department  of
 9        State   Police   shall   furnish,  pursuant  to  positive
10        identification, records of Illinois  convictions  to  the
11        Department.  Submit  fingerprints  to  the Illinois State
12        Police or its designated vendor as  set  forth  by  rule.
13        These  fingerprints shall be checked against the Illinois
14        State Police and Federal Bureau of Investigation criminal
15        history  record  databases.   A  separate  fee  shall  be
16        charged to  the  applicant  for  fingerprinting,  payable
17        either  to the Department or the Illinois State Police or
18        its designated vendor.
19             (4)  Hold a current license  or  certification  from
20        the  American  Humane  Association,  the  National Animal
21        Control Association, the Illinois  Federation  of  Humane
22        Societies,  or  the  Humane  Society of the United States
23        issued within 3 years preceding the date of application.
24        For a period of 12 months after  the  adoption  of  final
25    administrative rules for this Act, the Department may issue a
26    certification   to  an  applicant  who  holds  a  license  or
27    certification  from  the  American  Humane  Association,  the
28    National Animal Control Association, the Illinois  Federation
29    of  Humane  Societies,  or  the  Humane Society of the United
30    States issued after January 1, 1997.
31             (5)  Pay the required fee.
32        (b)  The duties of a euthanasia technician shall  include
33    but are not limited to:
34             (1)  preparing  animals  for euthanasia and scanning
 
                            -3-      LRB093 07281 RLC 19768 a
 1        each animal, prior to euthanasia, for microchips;
 2             (2)  accurately recording the  dosages  administered
 3        and the amount of drugs wasted;
 4             (3)  ordering supplies;
 5             (4)  maintaining  the  security  of  all  controlled
 6        substances and drugs;
 7             (5)  humanely  euthanizing  animals  via intravenous
 8        injection by hypodermic needle, intraperitoneal injection
 9        by hypodermic needle, solutions or powder added  to  food
10        or  by  mouth,  intracardiac  injection  only on comatose
11        animals by hypodermic needle, or  carbon  monoxide  in  a
12        commercially manufactured chamber; and
13             (6)  properly  disposing of euthanized animals after
14        verification of death.
15        (c)  A euthanasia technician  employed  by  a  euthanasia
16    agency  may  perform  euthanasia  by  the administration of a
17    Schedule II or Schedule III nonnarcotic controlled substance.
18    A euthanasia technician may not personally possess, order, or
19    administer a controlled substance except as an agent  of  the
20    euthanasia agency.
21        (d)  Upon   termination   from  a  euthanasia  agency,  a
22    euthanasia technician shall  not  perform  animal  euthanasia
23    until  he  or she is employed by another certified euthanasia
24    agency.
25        (e)  A certified euthanasia technician or  an  instructor
26    in  an  approved  course  does  not engage in the practice of
27    veterinary medicine when performing duties set forth in  this
28    Act.
29    (Source: P.A. 92-449, eff. 1-1-02.)

30        (510 ILCS 72/55)
31        Sec. 55.  Endorsement.  An applicant, who is a euthanasia
32    technician  registered  or licensed under the laws of another
33    state or territory of the United States that has requirements
 
                            -4-      LRB093 07281 RLC 19768 a
 1    that are substantially similar to the  requirements  of  this
 2    Act,  may be granted certification as a euthanasia technician
 3    in  this   State   without   examination,   upon   presenting
 4    satisfactory  proof  to the Department that the applicant has
 5    been engaged in the practice of euthanasia for  a  period  of
 6    not  less than one year and upon payment of the required fee.
 7    In addition, an applicant shall have his or her  fingerprints
 8    submitted to the Department of State Police for purposes of a
 9    criminal  history  records check pursuant to clause (a)(3) of
10    Section 35.
11    (Source: P.A. 92-449, eff. 1-1-02.)

12        (510 ILCS 72/57)
13        Sec. 57.  Procedures for euthanasia.
14        (a)  Only euthanasia drugs  and  commercially  compressed
15    carbon  monoxide,  subject  to  the limitations imposed under
16    subsection (b) of this Section, shall be used for the purpose
17    of humanely euthanizing injured, sick, homeless, or  unwanted
18    companion  animals  in an animal shelter or an animal control
19    facility licensed under the Illinois Animal Welfare Act.
20        (b)  Commercially compressed carbon monoxide may be  used
21    as  a  permitted  method  of  euthanasia  provided that it is
22    performed in a commercially manufactured chamber pursuant  to
23    the  guidelines  set  forth  in the most recent report of the
24    AVMA Panel on Euthanasia.  A  chamber  that  is  designed  to
25    euthanize  more  than  one  animal at a time must be equipped
26    with independent sections or cages to  separate  incompatible
27    animals.  The  interior  of  the chamber must be well lit and
28    equipped with view-ports, a  regulator,  and  a  flow  meter.
29    Monitoring  equipment  must  be  used at all times during the
30    operation.  Animals that are under  4  months  of  age,  old,
31    injured,  or  sick  may not be euthanized by carbon monoxide.
32    Animals shall remain in the chamber  and  be  exposed  for  a
33    minimum  of 20 minutes. Staff members shall be fully notified
 
                            -5-      LRB093 07281 RLC 19768 a
 1    of potential health risks.
 2        (c)  Animals cannot be transported beyond State lines for
 3    the sole purpose of euthanasia unless the euthanasia  methods
 4    comply  with  subsection  (a)  or (b) of this Section and the
 5    euthanasia is performed by a certified euthanasia technician.
 6    (Source: P.A. 92-449, eff. 1-1-02.)

 7        (510 ILCS 72/50 rep.)
 8        Section 10.  The Humane Euthanasia in Animal Shelters Act
 9    is amended by repealing Section 50.

10        Section 15.  The Illinois Controlled  Substances  Act  is
11    amended  by changing Sections 102, 302, 303, 303.05, 304, and
12    306 as follows:

13        (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
14        Sec. 102.  Definitions.  As used in this Act, unless  the
15    context otherwise requires:
16        (a)  "Addict"  means  any  person who habitually uses any
17    drug,  chemical,  substance  or  dangerous  drug  other  than
18    alcohol so as to endanger the public morals,  health,  safety
19    or  welfare  or  who  is  so  far  addicted  to  the use of a
20    dangerous drug or controlled substance other than alcohol  as
21    to  have lost the power of self control with reference to his
22    addiction.
23        (b)  "Administer"  means  the  direct  application  of  a
24    controlled  substance,  whether  by  injection,   inhalation,
25    ingestion,  or  any other means, to the body of a patient, or
26    research  subject,  or  animal  (as  defined  by  the  Humane
27    Euthanasia in Animal Shelters Act) by:
28             (1)  a practitioner (or, in  his  presence,  by  his
29        authorized agent), or
30             (2)  the  patient  or research subject at the lawful
31        direction of the practitioner, or.
 
                            -6-      LRB093 07281 RLC 19768 a
 1             (3)  a  euthanasia  technician  as  defined  by  the
 2        Humane Euthanasia in Animal Shelters Act.
 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,
 
                            -7-      LRB093 07281 RLC 19768 a
 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
 
                            -8-      LRB093 07281 RLC 19768 a
 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
 
                            -9-      LRB093 07281 RLC 19768 a
 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
 
                            -10-     LRB093 07281 RLC 19768 a
 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        (t-10)  "Euthanasia drugs" means Schedule II or  Schedule
 5    III  substances  (nonnarcotic controlled substances) that are
 6    used by  a  euthanasia  agency  for  the  purpose  of  animal
 7    euthanasia.
 8        (u)  "Good  faith" means the prescribing or dispensing of
 9    a controlled substance  by  a  practitioner  in  the  regular
10    course  of professional treatment to or for any person who is
11    under his treatment for a pathology or condition  other  than
12    that  individual's  physical or psychological dependence upon
13    or addiction to a controlled substance,  except  as  provided
14    herein:   and  application  of the term to a pharmacist shall
15    mean the dispensing of a controlled substance pursuant to the
16    prescriber's order which in the professional judgment of  the
17    pharmacist  is  lawful.   The  pharmacist  shall be guided by
18    accepted professional standards including, but not limited to
19    the following, in making the judgment:
20             (1)  lack   of   consistency    of    doctor-patient
21        relationship,
22             (2)  frequency of prescriptions for same drug by one
23        prescriber for large numbers of patients,
24             (3)  quantities beyond those normally prescribed,
25             (4)  unusual dosages,
26             (5)  unusual  geographic  distances between patient,
27        pharmacist and prescriber,
28             (6)  consistent prescribing of habit-forming drugs.
29        (u-1)  "Home infusion services" means  services  provided
30    by   a   pharmacy   in   compounding   solutions  for  direct
31    administration to a patient in a private residence, long-term
32    care facility, or hospice setting  by  means  of  parenteral,
33    intravenous,   intramuscular,  subcutaneous,  or  intraspinal
34    infusion.
 
                            -11-     LRB093 07281 RLC 19768 a
 1        (v)  "Immediate precursor" means a substance:
 2             (1)  which the Department has found  to  be  and  by
 3        rule  designated  as  being a principal compound used, or
 4        produced primarily for  use,  in  the  manufacture  of  a
 5        controlled substance;
 6             (2)  which  is  an  immediate  chemical intermediary
 7        used or likely to be used  in  the  manufacture  of  such
 8        controlled substance; and
 9             (3)  the  control  of which is necessary to prevent,
10        curtail or  limit  the  manufacture  of  such  controlled
11        substance.
12        (w)  "Instructional   activities"   means   the  acts  of
13    teaching, educating or  instructing  by  practitioners  using
14    controlled  substances within educational facilities approved
15    by the State Board of Education or its successor agency.
16        (x)  "Local authorities" means a  duly  organized  State,
17    County or Municipal peace unit or police force.
18        (y)  "Look-alike substance" means a substance, other than
19    a  controlled  substance  which  (1)  by  overall dosage unit
20    appearance, including shape, color, size,  markings  or  lack
21    thereof,   taste,   consistency,  or  any  other  identifying
22    physical  characteristic  of  the  substance,  would  lead  a
23    reasonable  person  to  believe  that  the  substance  is   a
24    controlled  substance,  or  (2)  is  expressly  or  impliedly
25    represented  to  be  a controlled substance or is distributed
26    under circumstances which would lead a reasonable  person  to
27    believe that the substance is a controlled substance. For the
28    purpose  of  determining  whether the representations made or
29    the circumstances of the distribution would lead a reasonable
30    person to believe the substance to be a controlled  substance
31    under  this  clause (2) of subsection (y), the court or other
32    authority may consider the following factors in  addition  to
33    any other factor that may be relevant:
34             (a)  statements  made  by  the  owner  or  person in
 
                            -12-     LRB093 07281 RLC 19768 a
 1        control of the substance concerning its  nature,  use  or
 2        effect;
 3             (b)  statements  made to the buyer or recipient that
 4        the substance may be resold for profit;
 5             (c)  whether the substance is packaged in  a  manner
 6        normally  used for the illegal distribution of controlled
 7        substances;
 8             (d)  whether   the   distribution    or    attempted
 9        distribution  included an exchange of or demand for money
10        or other  property  as  consideration,  and  whether  the
11        amount  of  the  consideration  was substantially greater
12        than the reasonable retail market value of the substance.
13        Clause (1) of this subsection (y) shall not  apply  to  a
14    noncontrolled  substance in its finished dosage form that was
15    initially introduced  into  commerce  prior  to  the  initial
16    introduction  into  commerce of a controlled substance in its
17    finished dosage form which it may substantially resemble.
18        Nothing in this subsection (y) prohibits  the  dispensing
19    or   distributing  of  noncontrolled  substances  by  persons
20    authorized to dispense and distribute  controlled  substances
21    under  this Act, provided that such action would be deemed to
22    be carried out in good faith  under  subsection  (u)  if  the
23    substances involved were controlled substances.
24        Nothing  in  this subsection (y) or in this Act prohibits
25    the  manufacture,  preparation,   propagation,   compounding,
26    processing,  packaging, advertising or distribution of a drug
27    or drugs by any person registered pursuant to Section 510  of
28    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
29        (y-1)  "Mail-order  pharmacy"  means  a  pharmacy that is
30    located in a state of the United States, other than Illinois,
31    that delivers, dispenses or distributes, through  the  United
32    States  Postal  Service  or other common carrier, to Illinois
33    residents, any substance which requires a prescription.
34        (z)  "Manufacture"  means  the  production,  preparation,
 
                            -13-     LRB093 07281 RLC 19768 a
 1    propagation,  compounding,  conversion  or  processing  of  a
 2    controlled  substance,  either  directly  or  indirectly,  by
 3    extraction   from   substances   of   natural   origin,    or
 4    independently  by  means  of  chemical  synthesis,  or  by  a
 5    combination   of   extraction  and  chemical  synthesis,  and
 6    includes any packaging or repackaging  of  the  substance  or
 7    labeling  of  its  container,  except that this term does not
 8    include:
 9             (1)  by  an  ultimate  user,  the   preparation   or
10        compounding of a controlled substance for his own use; or
11             (2)  by  a  practitioner,  or  his  authorized agent
12        under  his  supervision,  the  preparation,  compounding,
13        packaging, or labeling of a controlled substance:
14                  (a)  as an incident  to  his  administering  or
15             dispensing  of  a controlled substance in the course
16             of his professional practice; or
17                  (b)  as  an  incident   to   lawful   research,
18             teaching or chemical analysis and not for sale.
19        (z-1)  "Methamphetamine manufacturing chemical" means any
20    of  the  following  chemicals or substances containing any of
21    the following chemicals:  benzyl  methyl  ketone,  ephedrine,
22    methyl   benzyl  ketone,  phenylacetone,  phenyl-2-propanone,
23    pseudoephedrine, or red phosphorous  or  any  of  the  salts,
24    optical   isomers,   or  salts  of  optical  isomers  of  the
25    above-listed chemicals.
26        (aa)  "Narcotic drug" means any of the following, whether
27    produced directly or indirectly by extraction from substances
28    of natural origin, or  independently  by  means  of  chemical
29    synthesis,  or  by  a  combination of extraction and chemical
30    synthesis:
31             (1)  opium  and  opiate,  and  any  salt,  compound,
32        derivative, or preparation of opium or opiate;
33             (2)  any  salt,  compound,  isomer,  derivative,  or
34        preparation thereof which  is  chemically  equivalent  or
 
                            -14-     LRB093 07281 RLC 19768 a
 1        identical  with  any  of  the  substances  referred to in
 2        clause (1), but not including the isoquinoline  alkaloids
 3        of opium;
 4             (3)  opium poppy and poppy straw;
 5             (4)  coca  leaves  and  any salts, compound, isomer,
 6        salt of an isomer, derivative,  or  preparation  of  coca
 7        leaves  including  cocaine  or  ecgonine,  and  any salt,
 8        compound,  isomer,  derivative,  or  preparation  thereof
 9        which is chemically equivalent or identical with  any  of
10        these  substances,  but  not  including decocainized coca
11        leaves or extractions of coca leaves which do not contain
12        cocaine or ecgonine (for the purpose of  this  paragraph,
13        the   term  "isomer"  includes  optical,  positional  and
14        geometric isomers).
15        (bb)  "Nurse" means a registered nurse licensed under the
16    Nursing and Advanced Practice Nursing Act.
17        (cc)  (Blank).
18        (dd)  "Opiate" means any substance  having  an  addiction
19    forming or addiction sustaining liability similar to morphine
20    or  being  capable of conversion into a drug having addiction
21    forming or addiction sustaining liability.
22        (ee)  "Opium  poppy"  means  the  plant  of  the  species
23    Papaver somniferum L., except its seeds.
24        (ff)  "Parole and Pardon  Board"  means  the  Parole  and
25    Pardon  Board  of  the  State  of  Illinois  or its successor
26    agency.
27        (gg)  "Person"   means   any   individual,   corporation,
28    mail-order pharmacy, government or  governmental  subdivision
29    or  agency,  business  trust,  estate,  trust, partnership or
30    association, or any other entity.
31        (hh)  "Pharmacist"  means  any   person   who   holds   a
32    certificate  of  registration  as  a registered pharmacist, a
33    local  registered  pharmacist  or  a   registered   assistant
34    pharmacist under the Pharmacy Practice Act of 1987.
 
                            -15-     LRB093 07281 RLC 19768 a
 1        (ii)  "Pharmacy"  means any store, ship or other place in
 2    which pharmacy  is  authorized  to  be  practiced  under  the
 3    Pharmacy Practice Act of 1987.
 4        (jj)  "Poppy straw" means all parts, except the seeds, of
 5    the opium poppy, after mowing.
 6        (kk)  "Practitioner"   means   a  physician  licensed  to
 7    practice medicine in all its branches,  dentist,  podiatrist,
 8    veterinarian,  scientific investigator, pharmacist, physician
 9    assistant, advanced practice nurse, licensed practical nurse,
10    registered nurse, hospital, laboratory, or pharmacy, or other
11    person licensed, registered, or otherwise lawfully  permitted
12    by  the  United States or this State to distribute, dispense,
13    conduct research  with  respect  to,  administer  or  use  in
14    teaching  or chemical analysis, a controlled substance in the
15    course of professional practice or research.
16        (ll)  "Pre-printed   prescription"   means   a    written
17    prescription   upon   which  the  designated  drug  has  been
18    indicated prior to the time of issuance.
19        (mm)  "Prescriber" means a physician licensed to practice
20    medicine  in  all  its  branches,  dentist,   podiatrist   or
21    veterinarian who issues a prescription, a physician assistant
22    who  issues  a  prescription  for  a  Schedule  III, IV, or V
23    controlled substance in accordance with  Section  303.05  and
24    the  written  guidelines  required  under  Section 7.5 of the
25    Physician Assistant Practice Act  of  1987,  or  an  advanced
26    practice nurse with prescriptive authority in accordance with
27    Section  303.05  and  a written collaborative agreement under
28    Sections 15-15 and 15-20 of the Nursing and Advanced Practice
29    Nursing Act.
30        (nn)  "Prescription" means a lawful  written,  facsimile,
31    or  verbal order of a physician licensed to practice medicine
32    in all its branches, dentist, podiatrist or veterinarian  for
33    any  controlled  substance,  of  a  physician assistant for a
34    Schedule III, IV, or V  controlled  substance  in  accordance
 
                            -16-     LRB093 07281 RLC 19768 a
 1    with Section 303.05 and the written guidelines required under
 2    Section  7.5 of the Physician Assistant Practice Act of 1987,
 3    or of an advanced practice nurse who  issues  a  prescription
 4    for  a  Schedule  III,  IV,  or  V  controlled  substance  in
 5    accordance  with  Section  303.05 and a written collaborative
 6    agreement under Sections 15-15 and 15-20 of the  Nursing  and
 7    Advanced Practice Nursing Act.
 8        (oo)  "Production"   or   "produce"   means  manufacture,
 9    planting, cultivating, growing, or harvesting of a controlled
10    substance.
11        (pp)  "Registrant" means every person who is required  to
12    register under Section 302 of this Act.
13        (qq)  "Registry number" means the number assigned to each
14    person  authorized  to handle controlled substances under the
15    laws of the United States and of this State.
16        (rr)  "State" includes the  State  of  Illinois  and  any
17    state,  district, commonwealth, territory, insular possession
18    thereof, and any area subject to the legal authority  of  the
19    United States of America.
20        (ss)  "Ultimate   user"   means  a  person  who  lawfully
21    possesses a controlled substance for his own use or  for  the
22    use  of  a member of his household or for administering to an
23    animal owned by him or by a member of his household.
24    (Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03.)

25        (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
26        Sec. 302. (a) Every person who manufactures, distributes,
27    or  dispenses  any  controlled  substances,  or  engages   in
28    chemical analysis, and instructional activities which utilize
29    controlled   substances,   or   who   purchases,  stores,  or
30    administers  euthanasia  drugs,  within  this  State  or  who
31    proposes to  engage  in  the  manufacture,  distribution,  or
32    dispensing  of  any  controlled  substance,  or  to engage in
33    chemical analysis, and instructional activities which utilize
 
                            -17-     LRB093 07281 RLC 19768 a
 1    controlled substances, or to engage in  purchasing,  storing,
 2    or  administering  euthanasia  drugs, within this State, must
 3    obtain  a  registration   issued   by   the   Department   of
 4    Professional  Regulation  in  accordance with its rules.  The
 5    rules shall include, but  not  be  limited  to,  setting  the
 6    expiration  date  and  renewal  period  for each registration
 7    under this Act. The Department, and any facility  or  service
 8    licensed   by  the  Department,  shall  be  exempt  from  the
 9    regulation requirements of this Section.
10        (b)  Persons registered by the Department of Professional
11    Regulation under this  Act  to  manufacture,  distribute,  or
12    dispense   controlled  substances,  or  purchase,  store,  or
13    administer  euthanasia  drugs,  may   possess,   manufacture,
14    distribute, or dispense those substances, or purchase, store,
15    or  administer  euthanasia drugs, to the extent authorized by
16    their  registration  and  in  conformity   with   the   other
17    provisions of this Article.
18        (c)  The  following  persons  need  not  register and may
19    lawfully possess controlled substances under this Act:
20             (1)  an  agent  or  employee   of   any   registered
21        manufacturer, distributor, or dispenser of any controlled
22        substance  if  he  is  acting  in the usual course of his
23        employer's lawful business or employment;
24             (2)  a common or contract carrier  or  warehouseman,
25        or  an agent or employee thereof, whose possession of any
26        controlled substance is in the  usual  lawful  course  of
27        such business or employment;
28             (3)  an  ultimate  user or a person in possession of
29        any   controlled   substance   pursuant   to   a   lawful
30        prescription of a practitioner or in lawful possession of
31        a Schedule V substance;
32             (4)  officers and employees of this State or of  the
33        United  States while acting in the lawful course of their
34        official duties which requires possession  of  controlled
 
                            -18-     LRB093 07281 RLC 19768 a
 1        substances;
 2             (5)  a  registered pharmacist who is employed in, or
 3        the owner of, a pharmacy licensed under this Act and  the
 4        Federal   Controlled  Substances  Act,  at  the  licensed
 5        location, or if he is acting in the usual course  of  his
 6        lawful profession, business, or employment.
 7        (d)  A separate registration is required at each place of
 8    business   or   professional  practice  where  the  applicant
 9    manufactures,   distributes,    or    dispenses    controlled
10    substances,  or  purchases, stores, or administers euthanasia
11    drugs. Persons are required to obtain a separate registration
12    for each place of business  or  professional  practice  where
13    controlled  substances  are  located  or  stored.  A separate
14    registration is not required for every location  at  which  a
15    controlled substance may be prescribed.
16        (e)  The  Department  of  Professional  Regulation or the
17    Department  of  State  Police  may  inspect  the   controlled
18    premises,  as  defined  in  Section  502  of  this  Act, of a
19    registrant or applicant for registration in  accordance  with
20    this  Act and the rules promulgated hereunder and with regard
21    to persons licensed by the  Department,  in  accordance  with
22    subsection  (bb)  of Section 30-5 of the Alcoholism and Other
23    Drug Abuse and Dependency Act and the rules  and  regulations
24    promulgated thereunder.
25    (Source: P.A. 87-711; 88-670, eff. 12-2-94.)

26        (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
27        Sec.  303.  (a) The Department of Professional Regulation
28    shall license an  applicant  to  manufacture,  distribute  or
29    dispense controlled substances included in Sections 204, 206,
30    208,  210  and  212  of  this  Act  or  purchase,  store,  or
31    administer  euthanasia  drugs  unless  it determines that the
32    issuance of that  license  would  be  inconsistent  with  the
33    public  interest.   In  determining  the public interest, the
 
                            -19-     LRB093 07281 RLC 19768 a
 1    Department of  Professional  Regulation  shall  consider  the
 2    following:
 3             (1)  maintenance   of   effective  controls  against
 4        diversion of controlled substances into other than lawful
 5        medical, scientific, or industrial channels;
 6             (2)  compliance with applicable Federal,  State  and
 7        local law;
 8             (3)  any  convictions of the applicant under any law
 9        of the United States or of  any  State  relating  to  any
10        controlled substance;
11             (4)  past   experience   in   the   manufacture   or
12        distribution  of controlled substances, and the existence
13        in the applicant's establishment  of  effective  controls
14        against diversion;
15             (5)  furnishing   by   the  applicant  of  false  or
16        fraudulent material in any application filed  under  this
17        Act;
18             (6)  suspension  or  revocation  of  the applicant's
19        Federal  registration  to  manufacture,  distribute,   or
20        dispense  controlled  substances,  or purchase, store, or
21        administer euthanasia drugs,  as  authorized  by  Federal
22        law;
23             (7)  whether the applicant is suitably equipped with
24        the  facilities  appropriate  to  carry  on the operation
25        described in his application;
26             (8)  whether  the  applicant  is   of   good   moral
27        character   or,   if  the  applicant  is  a  partnership,
28        association, corporation or other  organization,  whether
29        the partners, directors, governing committee and managing
30        officers are of good moral character;
31             (9)  any  other  factors  relevant to and consistent
32        with the public health and safety; and
33             (10)  Evidence from court, medical disciplinary  and
34        pharmacy    board  records and those of State and Federal
 
                            -20-     LRB093 07281 RLC 19768 a
 1        investigatory bodies that the applicant has not  or  does
 2        not prescribe controlled substances within the provisions
 3        of this Act.
 4        (b)  No  license  shall  be granted to or renewed for any
 5    person who has within 5 years  been  convicted  of  a  wilful
 6    violation  of  any law of the United States or any law of any
 7    State relating to controlled substances, or who is  found  to
 8    be  deficient in any of the matters enumerated in subsections
 9    (a)(1) through (a)(8).
10        (c)  Licensure under subsection (a) does  not  entitle  a
11    registrant  to manufacture, distribute or dispense controlled
12    substances in Schedules I or II other than those specified in
13    the registration.
14        (d)  Practitioners  who  are  licensed  to  dispense  any
15    controlled  substances  in  Schedules  II   through   V   are
16    authorized   to   conduct   instructional   activities   with
17    controlled substances in Schedules II through V under the law
18    of this State.
19        (e)  If an applicant for registration is registered under
20    the  Federal  law  to  manufacture,  distribute  or  dispense
21    controlled  substances,  or  purchase,  store,  or administer
22    euthanasia drugs, upon filing  a  completed  application  for
23    licensure   in  this  State  and  payment  of  all  fees  due
24    hereunder, he shall be licensed in this  State  to  the  same
25    extent  as  his  Federal registration, unless, within 30 days
26    after  completing  his  application  in   this   State,   the
27    Department  of Professional Regulation notifies the applicant
28    that his application has not been  granted.   A  practitioner
29    who  is  in  compliance  with the Federal law with respect to
30    registration to dispense controlled substances  in  Schedules
31    II  through  V  need only send a current copy of that Federal
32    registration to the Department of Professional Regulation and
33    he shall  be  deemed  in  compliance  with  the  registration
34    provisions of this State.
 
                            -21-     LRB093 07281 RLC 19768 a
 1        (e-5)  Beginning  July 1, 2003, all of the fees and fines
 2    collected under this Section 303 shall be deposited into  the
 3    Illinois State Pharmacy Disciplinary Fund.
 4        (f)  The  fee  for  registration  as  a  manufacturer  or
 5    wholesale  distributor  of  controlled  substances  shall  be
 6    $50.00  per  year,  except that the fee for registration as a
 7    manufacturer   or   wholesale   distributor   of   controlled
 8    substances that may be dispensed without a prescription under
 9    this Act shall be $15.00 per year.  The expiration  date  and
10    renewal  period  for each controlled substance license issued
11    under this Act shall be set by rule.
12    (Source: P.A. 93-32, eff. 7-1-03.)

13        (720 ILCS 570/303.05)
14        Sec. 303.05.  Mid-level practitioner registration.
15        (a)  The  Department  of  Professional  Regulation  shall
16    register licensed physician assistants and licensed  advanced
17    practice  nurses  to prescribe and dispense Schedule III, IV,
18    or V controlled substances under Section 303  and  euthanasia
19    agencies  to  purchase, store, or administer euthanasia drugs
20    under the following circumstances:
21             (1)  with  respect  to   physician   assistants   or
22        advanced practice nurses,
23                  (A)  the   physician   assistant   or  advanced
24             practice  nurse  has  been  delegated   prescriptive
25             authority   by  a  physician  licensed  to  practice
26             medicine in all  its  branches  in  accordance  with
27             Section  7.5 of the Physician Assistant Practice Act
28             of 1987 or Section 15-20 of the Nursing and Advanced
29             Practice Nursing Act; and
30                  (B) (2)  the physician  assistant  or  advanced
31             practice   nurse   has   completed  the  appropriate
32             application forms and has paid the required fees  as
33             set by rule; or.
 
                            -22-     LRB093 07281 RLC 19768 a
 1             (2)  with   respect   to  euthanasia  agencies,  the
 2        euthanasia  agency  has  obtained  a  license  from   the
 3        Department  of  Professional  Regulation  and  obtained a
 4        registration number from the Department.
 5        (b)  The mid-level practitioner shall only be licensed to
 6    prescribe those schedules of controlled substances for  which
 7    a  licensed  physician  has delegated prescriptive authority,
 8    except  that  a  euthanasia  agency   does   not   have   any
 9    prescriptive authority.
10        (c)  Upon  completion  of  all registration requirements,
11    physician  assistants,  and  advanced  practice  nurses,  and
12    euthanasia agencies shall be issued a mid-level  practitioner
13    controlled substances license for Illinois.
14    (Source: P.A. 90-818, eff. 3-23-99.)

15        (720 ILCS 570/304) (from Ch. 56 1/2, par. 1304)
16        Sec.  304.   (a)  A  registration  under  Section  303 to
17    manufacture, distribute, or dispense a  controlled  substance
18    or  purchase,  store,  or  administer euthanasia drugs may be
19    suspended  or  revoked  by  the  Department  of  Professional
20    Regulation upon a finding that the registrant:
21        (1)  has  furnished  any  false  or  fraudulent  material
22    information in any application filed under this Act; or
23        (2)  has been convicted of a felony under any law of  the
24    United  States  or  any  State  relating  to  any  controlled
25    substance; or
26        (3)  has   had   suspended   or   revoked   his   Federal
27    registration   to   manufacture,   distribute,   or  dispense
28    controlled  substances  or  purchase,  store,  or  administer
29    euthanasia drugs; or
30        (4)  has been convicted of  bribery,  perjury,  or  other
31    infamous  crime under the laws of the United States or of any
32    State; or
33        (5)  has violated any provision of this Act or any  rules
 
                            -23-     LRB093 07281 RLC 19768 a
 1    promulgated  hereunder,  whether or not he has been convicted
 2    of such violation; or
 3        (6)  has failed to provide effective controls against the
 4    diversion of controlled substances in other  than  legitimate
 5    medical, scientific or industrial channels.
 6        (b)  The  Department of Professional Regulation may limit
 7    revocation or suspension of a registration to the  particular
 8    controlled  substance  with  respect  to  which  grounds  for
 9    revocation or suspension exist.
10        (c)  The  Department  of  Professional  Regulation  shall
11    promptly  notify  the  Administration, the Department and the
12    Department of State Police or their  successor  agencies,  of
13    all  orders denying, suspending or revoking registration, all
14    forfeitures of controlled substances,  and  all  final  court
15    dispositions,   if   any,   of   such  denials,  suspensions,
16    revocations or forfeitures.
17        (d)  If  Federal  registration  of  any   registrant   is
18    suspended, revoked, refused renewal or refused issuance, then
19    the  Department  of  Professional  Regulation  shall  issue a
20    notice and conduct a hearing in accordance with  Section  305
21    of this Act.
22    (Source: P.A. 85-1209.)

23        (720 ILCS 570/306) (from Ch. 56 1/2, par. 1306)
24        Sec.  306.  Every practitioner and person who is required
25    under this Act to be registered to manufacture, distribute or
26    dispense  controlled  substances  or  purchase,   store,   or
27    administer euthanasia drugs under this Act shall keep records
28    and    maintain   inventories   in   conformance   with   the
29    recordkeeping and inventory requirements of the laws  of  the
30    United  States and with any additional rules and forms issued
31    by the Department of Professional Regulation.
32    (Source: P.A. 89-202, eff. 10-1-95.)
 
                            -24-     LRB093 07281 RLC 19768 a
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.".