LRB093 06698 RLC 15847 a

 1                    AMENDMENT TO HOUSE BILL 2843

 2        AMENDMENT NO.     .  Amend House Bill 2843 as follows:

 3    on page 1, by inserting between lines 3 and 4 the following:

 4        "Section 2.  The Criminal Code  of  1961  is  amended  by
 5    changing Section 21-1.5 as follows:

 6        (720 ILCS 5/21-1.5)
 7        Sec.  21-1.5.  Anhydrous  ammonia  equipment, containers,
 8    and facilities.
 9        (a)  It  is  unlawful  for  any  person  to  tamper  with
10    anhydrous   ammonia   equipment,   containers,   or   storage
11    facilities.
12        (b)  Tampering   with   anhydrous   ammonia    equipment,
13    containers,  or storage facilities occurs when any person who
14    is not authorized by the  owner  of  the  anhydrous  ammonia,
15    anhydrous  ammonia  equipment, storage containers, or storage
16    facilities  transfers  or  attempts  to  transfer   anhydrous
17    ammonia  to another container, causes damage to the anhydrous
18    ammonia equipment, storage container, or storage facility, or
19    vents  or  attempts  to  vent  anhydrous  ammonia  into   the
20    environment.
21        (b-5)  It   is  unlawful  for  any  person  to  transport
                            -2-      LRB093 06698 RLC 15847 a
 1    anhydrous ammonia in a portable container if the container is
 2    not a package authorized for anhydrous ammonia transportation
 3    as defined in rules  adopted  under  the  Illinois  Hazardous
 4    Materials   Transportation   Act.    For   purposes  of  this
 5    subsection (b-5), an authorized package  includes  a  package
 6    previously  authorized under the Illinois Hazardous Materials
 7    Transportation Act.
 8        (b-10)  For purposes of this Section:
 9        "Anhydrous  ammonia"  means  the  compound   defined   in
10    paragraph  (d) of Section 3 of the Illinois Fertilizer Act of
11    1961.
12        "Anhydrous ammonia equipment", "anhydrous ammonia storage
13    containers", and "anhydrous ammonia storage  facilities"  are
14    defined in rules adopted under the Illinois Fertilizer Act of
15    1961.
16        (c)  Sentence.   A  violation of subsection (a) or (b) of
17    this Section is  a  Class  A  misdemeanor.   A  violation  of
18    subsection (b-5) of this Section is a Class 4 felony.
19    (Source:  P.A.  91-402,  eff.  1-1-00;  91-889,  eff. 1-1-01;
20    92-16, eff. 6-28-01.)"; and

21    on page 1, by replacing line 5 with the following:

22    "amended by changing Section 102 and adding Section 405.3  as
23    follows:

24        (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
25        Sec.  102.  Definitions.  As used in this Act, unless the
26    context otherwise requires:
27        (a)  "Addict" means any person who  habitually  uses  any
28    drug,  chemical,  substance  or  dangerous  drug  other  than
29    alcohol  so  as to endanger the public morals, health, safety
30    or welfare or who  is  so  far  addicted  to  the  use  of  a
31    dangerous  drug or controlled substance other than alcohol as
32    to have lost the power of self control with reference to  his
                            -3-      LRB093 06698 RLC 15847 a
 1    addiction.
 2        (b)  "Administer"  means  the  direct  application  of  a
 3    controlled   substance,  whether  by  injection,  inhalation,
 4    ingestion, or any other means, to the body of  a  patient  or
 5    research subject by:
 6             (1)  a  practitioner  (or,  in  his presence, by his
 7        authorized agent), or
 8             (2)  the patient or research subject at  the  lawful
 9        direction of the practitioner.
10        (c)  "Agent"  means  an  authorized  person  who  acts on
11    behalf of or at the direction of a manufacturer, distributor,
12    or dispenser.  It does  not  include  a  common  or  contract
13    carrier,  public  warehouseman  or employee of the carrier or
14    warehouseman.
15        (c-1)  "Anabolic Steroids" means  any  drug  or  hormonal
16    substance,   chemically   and  pharmacologically  related  to
17    testosterone   (other   than   estrogens,   progestins,   and
18    corticosteroids) that promotes muscle growth, and includes:
19                  (i)  boldenone,
20                  (ii)  chlorotestosterone,
21                  (iii)  chostebol,
22                  (iv)  dehydrochlormethyltestosterone,
23                  (v)  dihydrotestosterone,
24                  (vi)  drostanolone,
25                  (vii)  ethylestrenol,
26                  (viii)  fluoxymesterone,
27                  (ix)  formebulone,
28                  (x)  mesterolone,
29                  (xi)  methandienone,
30                  (xii)  methandranone,
31                  (xiii)  methandriol,
32                  (xiv)  methandrostenolone,
33                  (xv)  methenolone,
34                  (xvi)  methyltestosterone,
                            -4-      LRB093 06698 RLC 15847 a
 1                  (xvii)  mibolerone,
 2                  (xviii)  nandrolone,
 3                  (xix)  norethandrolone,
 4                  (xx)  oxandrolone,
 5                  (xxi)  oxymesterone,
 6                  (xxii)  oxymetholone,
 7                  (xxiii)  stanolone,
 8                  (xxiv)  stanozolol,
 9                  (xxv)  testolactone,
10                  (xxvi)  testosterone,
11                  (xxvii)  trenbolone, and
12                  (xxviii)  any salt, ester, or isomer of a  drug
13             or  substance described or listed in this paragraph,
14             if that  salt,  ester,  or  isomer  promotes  muscle
15             growth.
16        Any  person who is otherwise lawfully in possession of an
17    anabolic steroid, or  who  otherwise  lawfully  manufactures,
18    distributes, dispenses, delivers, or possesses with intent to
19    deliver  an  anabolic  steroid,  which  anabolic  steroid  is
20    expressly   intended   for   and   lawfully   allowed  to  be
21    administered through implants to livestock or other  nonhuman
22    species, and which is approved by the Secretary of Health and
23    Human  Services for such administration, and which the person
24    intends to  administer  or  have  administered  through  such
25    implants,  shall  not  be  considered  to  be in unauthorized
26    possession  or   to   unlawfully   manufacture,   distribute,
27    dispense,  deliver,  or  possess  with intent to deliver such
28    anabolic steroid for purposes of this Act.
29        (d)  "Administration"   means   the   Drug    Enforcement
30    Administration,  United  States Department of Justice, or its
31    successor agency.
32        (e)  "Control" means to add a drug or other substance, or
33    immediate precursor, to a Schedule under Article II  of  this
34    Act whether by transfer from another Schedule or otherwise.
                            -5-      LRB093 06698 RLC 15847 a
 1        (f)  "Controlled  Substance"  means a drug, substance, or
 2    immediate precursor in the Schedules of Article  II  of  this
 3    Act.
 4        (g)  "Counterfeit    substance"    means   a   controlled
 5    substance, which, or the  container  or  labeling  of  which,
 6    without  authorization  bears  the  trademark, trade name, or
 7    other identifying mark, imprint, number  or  device,  or  any
 8    likeness   thereof,   of   a  manufacturer,  distributor,  or
 9    dispenser other than the person  who  in  fact  manufactured,
10    distributed, or dispensed the substance.
11        (h)  "Deliver"    or   "delivery"   means   the   actual,
12    constructive  or  attempted  transfer  of  possession  of   a
13    controlled  substance, with or without consideration, whether
14    or not there is an agency relationship.
15        (i)  "Department" means the Illinois Department of  Human
16    Services  (as  successor  to the Department of Alcoholism and
17    Substance Abuse) or its successor agency.
18        (j)  "Department of State Police" means the Department of
19    State Police of  the  State  of  Illinois  or  its  successor
20    agency.
21        (k)  "Department  of Corrections" means the Department of
22    Corrections of the State of Illinois or its successor agency.
23        (l)  "Department of Professional  Regulation"  means  the
24    Department   of  Professional  Regulation  of  the  State  of
25    Illinois or its successor agency.
26        (m)  "Depressant" or "stimulant substance" means:
27             (1)  a drug  which  contains  any  quantity  of  (i)
28        barbituric  acid  or  any of the salts of barbituric acid
29        which has been designated as habit forming under  section
30        502  (d)  of the Federal Food, Drug, and Cosmetic Act (21
31        U.S.C. 352 (d)); or
32             (2)  a drug  which  contains  any  quantity  of  (i)
33        amphetamine  or  methamphetamine and any of their optical
34        isomers; (ii) any salt of amphetamine or  methamphetamine
                            -6-      LRB093 06698 RLC 15847 a
 1        or any salt of an optical isomer of amphetamine; or (iii)
 2        any  substance which the Department, after investigation,
 3        has found to be, and by rule designated as, habit forming
 4        because of its depressant  or  stimulant  effect  on  the
 5        central nervous system; or
 6             (3)  lysergic acid diethylamide; or
 7             (4)  any  drug  which  contains  any  quantity  of a
 8        substance which the Department, after investigation,  has
 9        found  to  have,  and  by  rule  designated  as having, a
10        potential  for  abuse  because  of  its   depressant   or
11        stimulant  effect  on  the  central nervous system or its
12        hallucinogenic effect.
13        (n)  (Blank).
14        (o)  "Director" means the Director of the  Department  of
15    State  Police or the Department of Professional Regulation or
16    his designated agents.
17        (p)  "Dispense" means to deliver a  controlled  substance
18    to an ultimate user or research subject by or pursuant to the
19    lawful  order  of  a  prescriber,  including the prescribing,
20    administering, packaging, labeling, or compounding  necessary
21    to prepare the substance for that delivery.
22        (q)  "Dispenser" means a practitioner who dispenses.
23        (r)  "Distribute"   means   to  deliver,  other  than  by
24    administering or dispensing, a controlled substance.
25        (s)  "Distributor" means a person who distributes.
26        (t)  "Drug" means (1) substances recognized as  drugs  in
27    the    official   United   States   Pharmacopoeia,   Official
28    Homeopathic Pharmacopoeia of the United States,  or  official
29    National  Formulary,  or  any  supplement to any of them; (2)
30    substances intended for use in diagnosis,  cure,  mitigation,
31    treatment,  or  prevention  of disease in man or animals; (3)
32    substances (other than food) intended to affect the structure
33    of any function of  the  body  of  man  or  animals  and  (4)
34    substances  intended  for  use  as a component of any article
                            -7-      LRB093 06698 RLC 15847 a
 1    specified in clause (1), (2), or (3) of this subsection.   It
 2    does  not  include  devices  or  their  components, parts, or
 3    accessories.
 4        (t-5)  "Euthanasia agency" means an entity  certified  by
 5    the  Department of Professional Regulation for the purpose of
 6    animal euthanasia  that  holds  an  animal  control  facility
 7    license  or  animal  shelter license under the Animal Welfare
 8    Act.  A euthanasia agency is authorized to  purchase,  store,
 9    possess, and utilize Schedule II nonnarcotic and Schedule III
10    nonnarcotic drugs for the sole purpose of animal euthanasia.
11        (u)  "Good  faith" means the prescribing or dispensing of
12    a controlled substance  by  a  practitioner  in  the  regular
13    course  of professional treatment to or for any person who is
14    under his treatment for a pathology or condition  other  than
15    that  individual's  physical or psychological dependence upon
16    or addiction to a controlled substance,  except  as  provided
17    herein:   and  application  of the term to a pharmacist shall
18    mean the dispensing of a controlled substance pursuant to the
19    prescriber's order which in the professional judgment of  the
20    pharmacist  is  lawful.   The  pharmacist  shall be guided by
21    accepted professional standards including, but not limited to
22    the following, in making the judgment:
23             (1)  lack   of   consistency    of    doctor-patient
24        relationship,
25             (2)  frequency of prescriptions for same drug by one
26        prescriber for large numbers of patients,
27             (3)  quantities beyond those normally prescribed,
28             (4)  unusual dosages,
29             (5)  unusual  geographic  distances between patient,
30        pharmacist and prescriber,
31             (6)  consistent prescribing of habit-forming drugs.
32        (u-1)  "Home infusion services" means  services  provided
33    by   a   pharmacy   in   compounding   solutions  for  direct
34    administration to a patient in a private residence, long-term
                            -8-      LRB093 06698 RLC 15847 a
 1    care facility, or hospice setting  by  means  of  parenteral,
 2    intravenous,   intramuscular,  subcutaneous,  or  intraspinal
 3    infusion.
 4        (v)  "Immediate precursor" means a substance:
 5             (1)  which the Department has found  to  be  and  by
 6        rule  designated  as  being a principal compound used, or
 7        produced primarily for  use,  in  the  manufacture  of  a
 8        controlled substance;
 9             (2)  which  is  an  immediate  chemical intermediary
10        used or likely to be used  in  the  manufacture  of  such
11        controlled substance; and
12             (3)  the  control  of which is necessary to prevent,
13        curtail or  limit  the  manufacture  of  such  controlled
14        substance.
15        (w)  "Instructional   activities"   means   the  acts  of
16    teaching, educating or  instructing  by  practitioners  using
17    controlled  substances within educational facilities approved
18    by the State Board of Education or its successor agency.
19        (x)  "Local authorities" means a  duly  organized  State,
20    County or Municipal peace unit or police force.
21        (y)  "Look-alike substance" means a substance, other than
22    a  controlled  substance  which  (1)  by  overall dosage unit
23    appearance, including shape, color, size,  markings  or  lack
24    thereof,   taste,   consistency,  or  any  other  identifying
25    physical  characteristic  of  the  substance,  would  lead  a
26    reasonable  person  to  believe  that  the  substance  is   a
27    controlled  substance,  or  (2)  is  expressly  or  impliedly
28    represented  to  be  a controlled substance or is distributed
29    under circumstances which would lead a reasonable  person  to
30    believe that the substance is a controlled substance. For the
31    purpose  of  determining  whether the representations made or
32    the circumstances of the distribution would lead a reasonable
33    person to believe the substance to be a controlled  substance
34    under  this  clause (2) of subsection (y), the court or other
                            -9-      LRB093 06698 RLC 15847 a
 1    authority may consider the following factors in  addition  to
 2    any other factor that may be relevant:
 3             (a)  statements  made  by  the  owner  or  person in
 4        control of the substance concerning its  nature,  use  or
 5        effect;
 6             (b)  statements  made to the buyer or recipient that
 7        the substance may be resold for profit;
 8             (c)  whether the substance is packaged in  a  manner
 9        normally  used for the illegal distribution of controlled
10        substances;
11             (d)  whether   the   distribution    or    attempted
12        distribution  included an exchange of or demand for money
13        or other  property  as  consideration,  and  whether  the
14        amount  of  the  consideration  was substantially greater
15        than the reasonable retail market value of the substance.
16        Clause (1) of this subsection (y) shall not  apply  to  a
17    noncontrolled  substance in its finished dosage form that was
18    initially introduced  into  commerce  prior  to  the  initial
19    introduction  into  commerce of a controlled substance in its
20    finished dosage form which it may substantially resemble.
21        Nothing in this subsection (y) prohibits  the  dispensing
22    or   distributing  of  noncontrolled  substances  by  persons
23    authorized to dispense and distribute  controlled  substances
24    under  this Act, provided that such action would be deemed to
25    be carried out in good faith  under  subsection  (u)  if  the
26    substances involved were controlled substances.
27        Nothing  in  this subsection (y) or in this Act prohibits
28    the  manufacture,  preparation,   propagation,   compounding,
29    processing,  packaging, advertising or distribution of a drug
30    or drugs by any person registered pursuant to Section 510  of
31    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
32        (y-1)  "Mail-order  pharmacy"  means  a  pharmacy that is
33    located in a state of the United States, other than Illinois,
34    that delivers, dispenses or distributes, through  the  United
                            -10-     LRB093 06698 RLC 15847 a
 1    States  Postal  Service  or other common carrier, to Illinois
 2    residents, any substance which requires a prescription.
 3        (z)  "Manufacture"  means  the  production,  preparation,
 4    propagation,  compounding,  conversion  or  processing  of  a
 5    controlled  substance,  either  directly  or  indirectly,  by
 6    extraction   from   substances   of   natural   origin,    or
 7    independently  by  means  of  chemical  synthesis,  or  by  a
 8    combination   of   extraction  and  chemical  synthesis,  and
 9    includes any packaging or repackaging  of  the  substance  or
10    labeling  of  its  container,  except that this term does not
11    include:
12             (1)  by  an  ultimate  user,  the   preparation   or
13        compounding of a controlled substance for his own use; or
14             (2)  by  a  practitioner,  or  his  authorized agent
15        under  his  supervision,  the  preparation,  compounding,
16        packaging, or labeling of a controlled substance:
17                  (a)  as an incident  to  his  administering  or
18             dispensing  of  a controlled substance in the course
19             of his professional practice; or
20                  (b)  as  an  incident   to   lawful   research,
21             teaching or chemical analysis and not for sale.
22        (z-1)  "Methamphetamine manufacturing chemical" means any
23    of  the  following  chemicals or substances containing any of
24    the following chemicals:  benzyl  methyl  ketone,  ephedrine,
25    methyl  benzyl  ketone, phenylacetone, phenyl-2-propanone, or
26    pseudoephedrine, or red phosphorous  or  any  of  the  salts,
27    optical   isomers,   or  salts  of  optical  isomers  of  the
28    above-listed chemicals.
29        (aa)  "Narcotic drug" means any of the following, whether
30    produced directly or indirectly by extraction from substances
31    of natural origin, or  independently  by  means  of  chemical
32    synthesis,  or  by  a  combination of extraction and chemical
33    synthesis:
34             (1)  opium  and  opiate,  and  any  salt,  compound,
                            -11-     LRB093 06698 RLC 15847 a
 1        derivative, or preparation of opium or opiate;
 2             (2)  any  salt,  compound,  isomer,  derivative,  or
 3        preparation thereof which  is  chemically  equivalent  or
 4        identical  with  any  of  the  substances  referred to in
 5        clause (1), but not including the isoquinoline  alkaloids
 6        of opium;
 7             (3)  opium poppy and poppy straw;
 8             (4)  coca  leaves  and  any salts, compound, isomer,
 9        salt of an isomer, derivative,  or  preparation  of  coca
10        leaves  including  cocaine  or  ecgonine,  and  any salt,
11        compound,  isomer,  derivative,  or  preparation  thereof
12        which is chemically equivalent or identical with  any  of
13        these  substances,  but  not  including decocainized coca
14        leaves or extractions of coca leaves which do not contain
15        cocaine or ecgonine (for the purpose of  this  paragraph,
16        the   term  "isomer"  includes  optical,  positional  and
17        geometric isomers).
18        (bb)  "Nurse" means a registered nurse licensed under the
19    Nursing and Advanced Practice Nursing Act.
20        (cc)  (Blank).
21        (dd)  "Opiate" means any substance  having  an  addiction
22    forming or addiction sustaining liability similar to morphine
23    or  being  capable of conversion into a drug having addiction
24    forming or addiction sustaining liability.
25        (ee)  "Opium  poppy"  means  the  plant  of  the  species
26    Papaver somniferum L., except its seeds.
27        (ff)  "Parole and Pardon  Board"  means  the  Parole  and
28    Pardon  Board  of  the  State  of  Illinois  or its successor
29    agency.
30        (gg)  "Person"   means   any   individual,   corporation,
31    mail-order pharmacy, government or  governmental  subdivision
32    or  agency,  business  trust,  estate,  trust, partnership or
33    association, or any other entity.
34        (hh)  "Pharmacist"  means  any   person   who   holds   a
                            -12-     LRB093 06698 RLC 15847 a
 1    certificate  of  registration  as  a registered pharmacist, a
 2    local  registered  pharmacist  or  a   registered   assistant
 3    pharmacist under the Pharmacy Practice Act of 1987.
 4        (ii)  "Pharmacy"  means any store, ship or other place in
 5    which pharmacy  is  authorized  to  be  practiced  under  the
 6    Pharmacy Practice Act of 1987.
 7        (jj)  "Poppy straw" means all parts, except the seeds, of
 8    the opium poppy, after mowing.
 9        (kk)  "Practitioner"   means   a  physician  licensed  to
10    practice medicine in all its branches,  dentist,  podiatrist,
11    veterinarian,  scientific investigator, pharmacist, physician
12    assistant, advanced practice nurse, licensed practical nurse,
13    registered nurse, hospital, laboratory, or pharmacy, or other
14    person licensed, registered, or otherwise lawfully  permitted
15    by  the  United States or this State to distribute, dispense,
16    conduct research  with  respect  to,  administer  or  use  in
17    teaching  or chemical analysis, a controlled substance in the
18    course of professional practice or research.
19        (ll)  "Pre-printed   prescription"   means   a    written
20    prescription   upon   which  the  designated  drug  has  been
21    indicated prior to the time of issuance.
22        (mm)  "Prescriber" means a physician licensed to practice
23    medicine  in  all  its  branches,  dentist,   podiatrist   or
24    veterinarian who issues a prescription, a physician assistant
25    who  issues  a  prescription  for  a  Schedule  III, IV, or V
26    controlled substance in accordance with  Section  303.05  and
27    the  written  guidelines  required  under  Section 7.5 of the
28    Physician Assistant Practice Act  of  1987,  or  an  advanced
29    practice nurse with prescriptive authority in accordance with
30    Section  303.05  and  a written collaborative agreement under
31    Sections 15-15 and 15-20 of the Nursing and Advanced Practice
32    Nursing Act.
33        (nn)  "Prescription" means a lawful  written,  facsimile,
34    or  verbal order of a physician licensed to practice medicine
                            -13-     LRB093 06698 RLC 15847 a
 1    in all its branches, dentist, podiatrist or veterinarian  for
 2    any  controlled  substance,  of  a  physician assistant for a
 3    Schedule III, IV, or V  controlled  substance  in  accordance
 4    with Section 303.05 and the written guidelines required under
 5    Section  7.5 of the Physician Assistant Practice Act of 1987,
 6    or of an advanced practice nurse who  issues  a  prescription
 7    for  a  Schedule  III,  IV,  or  V  controlled  substance  in
 8    accordance  with  Section  303.05 and a written collaborative
 9    agreement under Sections 15-15 and 15-20 of the  Nursing  and
10    Advanced Practice Nursing Act.
11        (oo)  "Production"   or   "produce"   means  manufacture,
12    planting, cultivating, growing, or harvesting of a controlled
13    substance.
14        (pp)  "Registrant" means every person who is required  to
15    register under Section 302 of this Act.
16        (qq)  "Registry number" means the number assigned to each
17    person  authorized  to handle controlled substances under the
18    laws of the United States and of this State.
19        (rr)  "State" includes the  State  of  Illinois  and  any
20    state,  district, commonwealth, territory, insular possession
21    thereof, and any area subject to the legal authority  of  the
22    United States of America.
23        (ss)  "Ultimate   user"   means  a  person  who  lawfully
24    possesses a controlled substance for his own use or  for  the
25    use  of  a member of his household or for administering to an
26    animal owned by him or by a member of his household.
27    (Source: P.A.  91-403,  eff.  1-1-00;  91-714,  eff.  6-2-00;
28    92-449, eff. 1-1-02.)".