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1 | AN ACT concerning animals.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Public Health Act is amended | ||||||||||||||||||||||||||||||||||||||||||||||||||
5 | by changing Section 2 as follows:
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6 | (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
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7 | Sec. 2. Powers.
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8 | (a) The State Department of Public Health has general | ||||||||||||||||||||||||||||||||||||||||||||||||||
9 | supervision of
the interests of the health and lives of the | ||||||||||||||||||||||||||||||||||||||||||||||||||
10 | people of the State. It has
supreme authority in matters of | ||||||||||||||||||||||||||||||||||||||||||||||||||
11 | quarantine and isolation, and may declare and enforce
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12 | quarantine and isolation when none exists, and may modify or | ||||||||||||||||||||||||||||||||||||||||||||||||||
13 | relax quarantine and isolation when it has
been established. | ||||||||||||||||||||||||||||||||||||||||||||||||||
14 | The Department may adopt, promulgate, repeal and amend
rules | ||||||||||||||||||||||||||||||||||||||||||||||||||
15 | and regulations and make such sanitary investigations and | ||||||||||||||||||||||||||||||||||||||||||||||||||
16 | inspections
as it may from time to time deem necessary for the | ||||||||||||||||||||||||||||||||||||||||||||||||||
17 | preservation and
improvement of the public health, consistent | ||||||||||||||||||||||||||||||||||||||||||||||||||
18 | with law regulating the
following:
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19 | (1) Transportation of the remains of deceased persons.
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20 | (2) Sanitary practices relating to drinking water made
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21 | accessible to the
public for human consumption or for | ||||||||||||||||||||||||||||||||||||||||||||||||||
22 | lavatory or culinary purposes.
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23 | (3) Sanitary practices relating to rest room |
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1 | facilities made
accessible
to the public or to persons | ||||||
2 | handling food served to the public.
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3 | (4) Sanitary practices relating to disposal of human | ||||||
4 | wastes in
or from all buildings and places where people | ||||||
5 | live, work or assemble.
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6 | The provisions of the Illinois Administrative Procedure | ||||||
7 | Act are hereby
expressly adopted and shall apply to all | ||||||
8 | administrative rules and
procedures of the Department of Public | ||||||
9 | Health under this Act, except that
Section 5-35 of the Illinois | ||||||
10 | Administrative Procedure Act relating to
procedures for | ||||||
11 | rule-making does not apply to the adoption of any rule
required | ||||||
12 | by federal law in connection with which the Department is
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13 | precluded by law from exercising any discretion.
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14 | All local boards of health, health authorities and | ||||||
15 | officers, police
officers, sheriffs and all other officers and | ||||||
16 | employees of the state or any
locality shall enforce the rules | ||||||
17 | and regulations so adopted and orders issued by the Department | ||||||
18 | pursuant to this Section.
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19 | The Department of Public Health shall conduct a public | ||||||
20 | information
campaign to inform Hispanic women of the high | ||||||
21 | incidence of breast cancer
and the importance of mammograms and | ||||||
22 | where to obtain a mammogram.
This requirement may be satisfied | ||||||
23 | by translation into Spanish and
distribution of the breast | ||||||
24 | cancer summaries required by Section 2310-345 of
the Department | ||||||
25 | of Public Health Powers and Duties Law (20 ILCS
2310/2310-345).
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26 | The information provided by the Department of Public Health |
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1 | shall include (i)
a statement that mammography is the most | ||||||
2 | accurate method for making an early
detection of breast cancer, | ||||||
3 | however, no diagnostic tool is 100% effective and
(ii) | ||||||
4 | instructions for performing breast
self-examination and a | ||||||
5 | statement that it is
important to perform a breast | ||||||
6 | self-examination monthly.
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7 | The Department of Public Health shall investigate the | ||||||
8 | causes of
dangerously contagious or infectious diseases, | ||||||
9 | especially when existing in
epidemic form, and take means to | ||||||
10 | restrict and suppress the same, and
whenever such disease | ||||||
11 | becomes, or threatens to become epidemic, in any
locality and | ||||||
12 | the local board of health or local authorities neglect or
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13 | refuse to enforce efficient measures for its restriction or | ||||||
14 | suppression or
to act with sufficient promptness or efficiency, | ||||||
15 | or whenever the local
board of health or local authorities | ||||||
16 | neglect or refuse to promptly enforce
efficient measures for | ||||||
17 | the restriction or suppression of dangerously
contagious or | ||||||
18 | infectious diseases, the Department of Public Health may
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19 | enforce such measures as it deems necessary to protect the | ||||||
20 | public health,
and all necessary expenses so incurred shall be | ||||||
21 | paid by the locality for
which services are rendered.
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22 | (b) Subject to the provisions of subsection (c), the | ||||||
23 | Department may order
a person or group of persons to be | ||||||
24 | quarantined or isolated or may order a place to be closed and | ||||||
25 | made off
limits to the
public to prevent the probable spread of | ||||||
26 | a dangerously contagious or infectious
disease, including |
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1 | non-compliant tuberculosis patients, until such time as the
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2 | condition can be corrected or the danger to the public health | ||||||
3 | eliminated or
reduced in such a manner that no substantial | ||||||
4 | danger to the public's health any
longer exists. Orders for | ||||||
5 | isolation of a person or quarantine of a place to prevent the | ||||||
6 | probable spread of a sexually transmissible disease shall be | ||||||
7 | governed by the provisions of Section 7 of the Illinois | ||||||
8 | Sexually Transmissible Disease Control Act and not this | ||||||
9 | Section.
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10 | (c) Except as provided in this Section, no person or a | ||||||
11 | group of persons may be ordered to be quarantined or isolated | ||||||
12 | and no place may
be ordered to
be closed and made off limits to | ||||||
13 | the public except with the consent of the
person or owner of | ||||||
14 | the place or
upon the prior order of a court of competent | ||||||
15 | jurisdiction. The Department may, however, order a person or a | ||||||
16 | group of persons to be quarantined or isolated or may order a | ||||||
17 | place to be closed and made off limits to the public on an | ||||||
18 | immediate basis without prior consent or court order if, in the | ||||||
19 | reasonable judgment of the Department, immediate action is | ||||||
20 | required to protect the public from a dangerously contagious or | ||||||
21 | infectious disease. In the event of an immediate order issued | ||||||
22 | without prior consent or court order, the Department shall, as | ||||||
23 | soon as practical, within 48 hours after issuing the order, | ||||||
24 | obtain the consent of the person or owner or file a petition | ||||||
25 | requesting a court order authorizing the isolation or | ||||||
26 | quarantine or closure. When exigent circumstances exist that |
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1 | cause the court system to be unavailable or that make it | ||||||
2 | impossible to obtain consent or file a petition within 48 hours | ||||||
3 | after issuance of an immediate order, the Department must | ||||||
4 | obtain consent or file a petition requesting a court order as | ||||||
5 | soon as reasonably possible. To obtain a court order,
the | ||||||
6 | Department, by clear and convincing evidence, must prove that | ||||||
7 | the public's
health and
welfare are significantly endangered by | ||||||
8 | a person or group of persons that has, that is suspected of | ||||||
9 | having, that has been exposed to, or that is reasonably | ||||||
10 | believed to have been exposed to a dangerously contagious
or | ||||||
11 | infectious disease including non-compliant tuberculosis | ||||||
12 | patients or
by a place where there is a significant amount of | ||||||
13 | activity likely to spread a
dangerously contagious or | ||||||
14 | infectious disease. The Department must also prove
that
all | ||||||
15 | other
reasonable means of correcting the problem have been | ||||||
16 | exhausted and no less
restrictive alternative exists. For | ||||||
17 | purposes of this subsection, in determining whether no less | ||||||
18 | restrictive alternative exists, the court shall consider | ||||||
19 | evidence showing that, under the circumstances presented by the | ||||||
20 | case in which an order is sought, quarantine or isolation is | ||||||
21 | the measure provided for in a rule of the Department or in | ||||||
22 | guidelines issued by the Centers for Disease Control and | ||||||
23 | Prevention or the World Health Organization. Persons who are or | ||||||
24 | are about to be ordered to be isolated or quarantined and | ||||||
25 | owners of places that are or are about to be closed and made | ||||||
26 | off limits to the public shall have the right to counsel. If a |
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1 | person or owner is indigent, the court shall appoint counsel | ||||||
2 | for that person or owner. Persons who are ordered to be | ||||||
3 | isolated or quarantined or who are owners of places that are | ||||||
4 | ordered to be closed and made off limits to the public, shall | ||||||
5 | be given a written notice of such order. The written notice | ||||||
6 | shall additionally include the following: (1) notice of the | ||||||
7 | right to counsel; (2) notice that if the person or owner is | ||||||
8 | indigent, the court will appoint counsel for that person or | ||||||
9 | owner; (3) notice of the reason for the order for isolation, | ||||||
10 | quarantine, or closure; (4) notice of whether the order is an | ||||||
11 | immediate order, and if so, the time frame for the Department | ||||||
12 | to seek consent or to file a petition requesting a court order | ||||||
13 | as set out in this subsection; and (5) notice of the | ||||||
14 | anticipated duration of the isolation, quarantine, or closure.
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15 | (d) The Department may order physical examinations and | ||||||
16 | tests and collect laboratory specimens as necessary for the | ||||||
17 | diagnosis or treatment of individuals in order to prevent the | ||||||
18 | probable spread of a dangerously contagious or infectious | ||||||
19 | disease. Physical examinations, tests, or collection of | ||||||
20 | laboratory specimens must not be such as are reasonably likely | ||||||
21 | to lead to serious harm to the affected individual. To prevent | ||||||
22 | the spread of a dangerously contagious or infectious disease, | ||||||
23 | the Department may, pursuant to the provisions of subsection | ||||||
24 | (c) of this Section, isolate or quarantine any person whose | ||||||
25 | refusal of physical examination or testing or collection of | ||||||
26 | laboratory specimens results in uncertainty regarding whether |
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1 | he or she has been exposed to or is infected with a dangerously | ||||||
2 | contagious or infectious disease or otherwise poses a danger to | ||||||
3 | the public's health. An individual may refuse to consent to a | ||||||
4 | physical examination, test, or collection of laboratory | ||||||
5 | specimens. An individual shall be given a written notice that | ||||||
6 | shall include notice of the following: (i) that the individual | ||||||
7 | may refuse to consent to physical examination, test, or | ||||||
8 | collection of laboratory specimens; (ii) that if the individual | ||||||
9 | consents to physical examination, tests, or collection of | ||||||
10 | laboratory specimens, the results of that examination, test, or | ||||||
11 | collection of laboratory specimens may subject the individual | ||||||
12 | to isolation or quarantine pursuant to the provisions of | ||||||
13 | subsection (c) of this Section; (iii) that if the individual | ||||||
14 | refuses to consent to physical examination, tests, or | ||||||
15 | collection of laboratory specimens and that refusal results in | ||||||
16 | uncertainty regarding whether he or she has been exposed to or | ||||||
17 | is infected with a dangerously contagious or infectious disease | ||||||
18 | or otherwise poses a danger to the public's health, the | ||||||
19 | individual may be subject to isolation or quarantine pursuant | ||||||
20 | to the provisions of subsection (c) of this Section; and (iv) | ||||||
21 | that if the individual refuses to consent to physical | ||||||
22 | examinations, tests, or collection of laboratory specimens and | ||||||
23 | becomes subject to isolation and quarantine as provided in this | ||||||
24 | subsection (d), he or she shall have the right to counsel | ||||||
25 | pursuant to the provisions of subsection (c) of this Section. | ||||||
26 | To the extent feasible without endangering the public's health, |
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1 | the Department shall respect and accommodate the religious | ||||||
2 | beliefs of individuals in implementing this subsection. | ||||||
3 | (e) The Department may order the administration of | ||||||
4 | vaccines, medications, or other treatments to persons as | ||||||
5 | necessary in order to prevent the probable spread of a | ||||||
6 | dangerously contagious or infectious disease. A vaccine, | ||||||
7 | medication, or other treatment to be administered must not be | ||||||
8 | such as is reasonably likely to lead to serious harm to the | ||||||
9 | affected individual. To prevent the spread of a dangerously | ||||||
10 | contagious or infectious disease, the Department may, pursuant | ||||||
11 | to the provisions of subsection (c) of this Section, isolate or | ||||||
12 | quarantine persons who are unable or unwilling to receive | ||||||
13 | vaccines, medications, or other treatments pursuant to this | ||||||
14 | Section. An individual may refuse to receive vaccines, | ||||||
15 | medications, or other treatments. An individual shall be given | ||||||
16 | a written notice that shall include notice of the following: | ||||||
17 | (i) that the individual may refuse to consent to vaccines, | ||||||
18 | medications, or other treatments; (ii) that if the individual | ||||||
19 | refuses to receive vaccines, medications, or other treatments, | ||||||
20 | the individual may be subject to isolation or quarantine | ||||||
21 | pursuant to the provisions of subsection (c) of this Section; | ||||||
22 | and (iii) that if the individual refuses to receive vaccines, | ||||||
23 | medications, or other treatments and becomes subject to | ||||||
24 | isolation or quarantine as provided in this subsection (e), he | ||||||
25 | or she shall have the right to counsel pursuant to the | ||||||
26 | provisions of subsection (c) of this Section. To the extent |
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1 | feasible without endangering the public's health, the | ||||||
2 | Department shall respect and accommodate the religious beliefs | ||||||
3 | of individuals in implementing this subsection. | ||||||
4 | (f) The Department may order observation and monitoring of | ||||||
5 | persons to prevent the probable spread of a dangerously | ||||||
6 | contagious or infectious disease. To prevent the spread of a | ||||||
7 | dangerously contagious or infectious disease, the Department | ||||||
8 | may, pursuant to the provisions of subsection (c) of this | ||||||
9 | Section, isolate or quarantine persons whose refusal to undergo | ||||||
10 | observation and monitoring results in uncertainty regarding | ||||||
11 | whether he or she has been exposed to or is infected with a | ||||||
12 | dangerously contagious or infectious disease or otherwise | ||||||
13 | poses a danger to the public's health. An individual may refuse | ||||||
14 | to undergo observation and monitoring. An individual shall be | ||||||
15 | given written notice that shall include notice of the | ||||||
16 | following: (i) that the individual may refuse to undergo | ||||||
17 | observation and monitoring; (ii) that if the individual | ||||||
18 | consents to observation and monitoring, the results of that | ||||||
19 | observation and monitoring may subject the individual to | ||||||
20 | isolation or quarantine pursuant to the provisions of | ||||||
21 | subsection (c) of this Section; (iii) that if the individual | ||||||
22 | refuses to undergo observation and monitoring and that refusal | ||||||
23 | results in uncertainty regarding whether he or she has been | ||||||
24 | exposed to or is infected with a dangerously contagious or | ||||||
25 | infectious disease or otherwise poses a danger to the public's | ||||||
26 | health, the individual may be subject to isolation or |
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1 | quarantine pursuant to the provisions of subsection (c) of this | ||||||
2 | Section; and (iv) that if the individual refuses to undergo | ||||||
3 | observation and monitoring and becomes subject to isolation or | ||||||
4 | quarantine as provided in this subsection (f), he or she shall | ||||||
5 | have the right to counsel pursuant to the provisions of | ||||||
6 | subsection (c) of this Section. | ||||||
7 | (g) To prevent the spread of a dangerously contagious or | ||||||
8 | infectious disease among humans, the Department may examine, | ||||||
9 | test, disinfect, seize, or destroy animals or other related | ||||||
10 | property believed to be sources of infection. An owner of such | ||||||
11 | animal or other related property shall be given written notice | ||||||
12 | regarding such examination, testing, disinfection, seizure, or | ||||||
13 | destruction. When the Department determines that any animal or | ||||||
14 | related property is infected with or has been exposed to a | ||||||
15 | dangerously contagious or infectious disease, it may agree with | ||||||
16 | the owner upon the value of the animal or of any related | ||||||
17 | property that it may be found necessary to destroy, and in case | ||||||
18 | such an agreement cannot be made, the animals or related | ||||||
19 | property shall be appraised by 3 competent and disinterested | ||||||
20 | appraisers, one to be selected by the Department, one by the | ||||||
21 | claimant, and one by the 2 appraisers thus selected. The | ||||||
22 | appraisers shall subscribe to an oath made in writing to fairly | ||||||
23 | value the animals or related property in accordance with the | ||||||
24 | requirements of this Act. The oath, together with the valuation | ||||||
25 | fixed by the appraisers, shall be filed with the Department and | ||||||
26 | preserved by it. Upon the appraisal being made, the owner or |
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1 | the Department shall immediately destroy the animals by "humane | ||||||
2 | euthanasia" as that term is defined in Section 2.09 of the | ||||||
3 | Humane Care for Animals Act. Dogs and cats, however, shall be | ||||||
4 | euthanized pursuant to the provisions of the Humane Animal | ||||||
5 | Euthanasia in Animal Shelters Act. The owner or the Department | ||||||
6 | shall additionally, dispose of the carcasses, and disinfect, | ||||||
7 | change, or destroy the premises occupied by the animals, in | ||||||
8 | accordance with rules prescribed by the Department governing | ||||||
9 | such destruction and disinfection. Upon his or her failure so | ||||||
10 | to do or to cooperate with the Department, the Department shall | ||||||
11 | cause the animals or related property to be destroyed and | ||||||
12 | disposed of in the same manner, and thereupon the owner shall | ||||||
13 | forfeit all right to receive any compensation for the | ||||||
14 | destruction of the animals or related property. All final | ||||||
15 | administrative decisions of the Department hereunder shall be | ||||||
16 | subject to judicial review pursuant to the provisions of the | ||||||
17 | Administrative Review Law, and all amendments and | ||||||
18 | modifications thereof, and the rules adopted pursuant thereto. | ||||||
19 | The term "administrative decision" is defined as in Section | ||||||
20 | 3-101 of the Code of Civil Procedure.
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21 | (h) To prevent the spread of a dangerously contagious or | ||||||
22 | infectious disease, the Department, local boards of health, and | ||||||
23 | local public health authorities shall have emergency access to | ||||||
24 | medical or health information or records or data upon the | ||||||
25 | condition that the Department, local boards of health, and | ||||||
26 | local public health authorities shall protect the privacy and |
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1 | confidentiality of any medical or health information or records | ||||||
2 | or data obtained pursuant to this Section in accordance with | ||||||
3 | federal and State law. Additionally, any such medical or health | ||||||
4 | information or records or data shall be exempt from inspection | ||||||
5 | and copying under the Freedom of Information Act. Other than a | ||||||
6 | hearing for the purpose of this Act, any information, records, | ||||||
7 | reports, statements, notes, memoranda, or other data in the | ||||||
8 | possession of the Department, local boards of health, or local | ||||||
9 | public health authorities shall not be admissible as evidence, | ||||||
10 | nor discoverable in any action of any kind in any court or | ||||||
11 | before any tribunal, board, agency, or person. The access to or | ||||||
12 | disclosure of any of this information or data by the | ||||||
13 | Department, a local board of health, or a local public | ||||||
14 | authority shall not waive or have any effect upon its | ||||||
15 | non-discoverability or non-admissibility. Any person, | ||||||
16 | facility, institution, or agency that provides emergency | ||||||
17 | access to health information and data under this subsection | ||||||
18 | shall have immunity from any civil or criminal liability, or | ||||||
19 | any other type of liability that might otherwise result by | ||||||
20 | reason of these actions except in the event of willful and | ||||||
21 | wanton misconduct. The privileged quality of communication | ||||||
22 | between any professional person or any facility shall not | ||||||
23 | constitute grounds for failure to provide emergency access. | ||||||
24 | Nothing in this subsection shall prohibit the sharing of | ||||||
25 | information as authorized in Section 2.1 of this Act. The | ||||||
26 | disclosure of any of this information, records, reports, |
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1 | statements, notes, memoranda, or other data obtained in any | ||||||
2 | activity under this Act, except that necessary for the purposes | ||||||
3 | of this Act, is unlawful, and any person convicted of violating | ||||||
4 | this provision is guilty of a Class A misdemeanor.
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5 | (i) (A) The Department, in order to prevent and control | ||||||
6 | disease, injury, or disability among citizens of the State | ||||||
7 | of Illinois, may develop and implement, in consultation | ||||||
8 | with local public health authorities, a Statewide system | ||||||
9 | for syndromic data collection through the access to | ||||||
10 | interoperable networks, information exchanges, and | ||||||
11 | databases. The Department may also develop a system for the | ||||||
12 | reporting of comprehensive, integrated data to identify | ||||||
13 | and address unusual occurrences of disease symptoms and | ||||||
14 | other medical complexes affecting the public's health. | ||||||
15 | (B) The Department may enter into contracts or | ||||||
16 | agreements with individuals, corporations, hospitals, | ||||||
17 | universities, not-for-profit corporations, governmental | ||||||
18 | entities, or other organizations, whereby those | ||||||
19 | individuals or entities agree to provide assistance in the | ||||||
20 | compilation of the syndromic data collection and reporting | ||||||
21 | system.
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22 | (C) The Department shall not release any syndromic data | ||||||
23 | or information obtained pursuant to this subsection to any | ||||||
24 | individuals or entities for purposes other than the | ||||||
25 | protection of the public health. All access to data by the | ||||||
26 | Department, reports made to the Department, the identity of |
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| |||||||
1 | or facts that would tend to lead to the identity of the | ||||||
2 | individual who is the subject of the report, and the | ||||||
3 | identity of or facts that would tend to lead to the | ||||||
4 | identity of the author of the report shall be strictly | ||||||
5 | confidential, are not subject to inspection or | ||||||
6 | dissemination, and shall be used only for public health | ||||||
7 | purposes by the Department, local public health | ||||||
8 | authorities, or the Centers for Disease Control and | ||||||
9 | Prevention. Entities or individuals submitting reports or | ||||||
10 | providing access to the Department shall not be held liable | ||||||
11 | for the release of information or confidential data to the | ||||||
12 | Department in accordance with this subsection.
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13 | (D) Nothing in this subsection prohibits the sharing of | ||||||
14 | information as authorized in Section 2.1 of this Act.
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15 | (j) This Section shall be considered supplemental to the | ||||||
16 | existing
authority and powers of the Department and shall not | ||||||
17 | be construed to
restrain or restrict the Department in | ||||||
18 | protecting the public health under any
other provisions of the | ||||||
19 | law.
| ||||||
20 | (k) Any person who knowingly or maliciously disseminates | ||||||
21 | any false
information or report concerning the existence of any | ||||||
22 | dangerously contagious or
infectious disease in connection | ||||||
23 | with the Department's power of quarantine,
isolation and | ||||||
24 | closure or refuses to comply with a quarantine, isolation or
| ||||||
25 | closure order is guilty
of a Class A misdemeanor.
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26 | (l) The Department of Public Health may establish and |
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| |||||||
1 | maintain a
chemical
and bacteriologic laboratory for the | ||||||
2 | examination of water and wastes, and
for the diagnosis of | ||||||
3 | diphtheria, typhoid fever, tuberculosis, malarial
fever and | ||||||
4 | such other diseases as it deems necessary for the protection of
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5 | the public health.
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6 | As used in this Act, "locality" means any governmental | ||||||
7 | agency which
exercises power pertaining to public health in an | ||||||
8 | area less than the State.
| ||||||
9 | The terms "sanitary investigations and inspections" and | ||||||
10 | "sanitary
practices" as used in this Act shall not include or | ||||||
11 | apply to "Public Water
Supplies" or "Sewage Works" as defined | ||||||
12 | in the Environmental Protection Act. The Department may adopt | ||||||
13 | rules that are reasonable and necessary to implement and | ||||||
14 | effectuate this amendatory Act of the 93rd General Assembly.
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15 | (Source: P.A. 93-829, eff. 7-28-04.)
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16 | Section 10. The Animal Control Act is amended by changing | ||||||
17 | Section 11 as follows:
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18 | (510 ILCS 5/11) (from Ch. 8, par. 361)
| ||||||
19 | (Text of Section before amendment by P.A. 95-550 )
| ||||||
20 | Sec. 11. When not redeemed by the owner, agent, or | ||||||
21 | caretaker, a dog or cat must be scanned for a microchip. If a | ||||||
22 | microchip is present, the registered owner must be notified. | ||||||
23 | After contact has been made or attempted, dogs or cats deemed | ||||||
24 | adoptable by the animal control facility shall be offered for |
| |||||||
| |||||||
1 | adoption, or made available to a licensed humane society or | ||||||
2 | rescue group. If no placement is available, it shall be
| ||||||
3 | humanely dispatched pursuant to the Humane Animal Euthanasia in | ||||||
4 | Animal Shelters
Act. An animal pound
or animal shelter shall | ||||||
5 | not release any dog or cat when not redeemed by
the owner | ||||||
6 | unless the animal has been rendered incapable of
reproduction
| ||||||
7 | and microchipped, or the person wishing to adopt
an animal | ||||||
8 | prior
to the surgical procedures having been performed shall | ||||||
9 | have executed a written
agreement promising to have such | ||||||
10 | service performed, including
microchipping, within
a specified | ||||||
11 | period
of time not to exceed 30 days. Failure to fulfill the | ||||||
12 | terms of the
agreement shall result in
seizure and impoundment | ||||||
13 | of the animal and any offspring by the animal pound or shelter, | ||||||
14 | and
any monies which have been deposited shall be forfeited and | ||||||
15 | submitted to the Pet Population Control Fund on a yearly basis. | ||||||
16 | This Act shall not
prevent humane societies from engaging in | ||||||
17 | activities set forth by their
charters; provided, they are not | ||||||
18 | inconsistent with provisions of this Act
and other existing | ||||||
19 | laws. No animal shelter or animal control facility shall
| ||||||
20 | release dogs or cats to an individual representing a rescue | ||||||
21 | group, unless the
group has been licensed or has a foster care | ||||||
22 | permit issued by the Illinois Department of Agriculture or
is a | ||||||
23 | representative of a not-for-profit out-of-state organization. | ||||||
24 | The Department may suspend or
revoke the license of
any animal | ||||||
25 | shelter or animal control facility that fails to comply with | ||||||
26 | the
requirements set forth in this Section or that fails to |
| |||||||
| |||||||
1 | report its intake and euthanasia statistics each year.
| ||||||
2 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| ||||||
3 | (Text of Section after amendment by P.A. 95-550 )
| ||||||
4 | Sec. 11. When not redeemed by the owner, agent, or | ||||||
5 | caretaker, a dog or cat must be scanned for a microchip. If a | ||||||
6 | microchip is present, the registered owner must be notified. | ||||||
7 | After contact has been made or attempted, dogs or cats deemed | ||||||
8 | adoptable by the animal control facility shall be offered for | ||||||
9 | adoption, or made available to a licensed humane society or | ||||||
10 | rescue group. If no placement is available, it shall be
| ||||||
11 | humanely dispatched pursuant to the Humane Animal Euthanasia in | ||||||
12 | Animal Shelters
Act. An animal pound
or animal shelter shall | ||||||
13 | not adopt or release any dog or cat to anyone other than the | ||||||
14 | owner unless the animal has been rendered incapable of
| ||||||
15 | reproduction
and microchipped, or the person wishing to adopt
| ||||||
16 | an animal prior
to the surgical procedures having been | ||||||
17 | performed shall have executed a written
agreement promising to | ||||||
18 | have such service performed, including
microchipping, within
a | ||||||
19 | specified period
of time not to exceed 30 days. Failure to | ||||||
20 | fulfill the terms of the
agreement shall result in
seizure and | ||||||
21 | impoundment of the animal and any offspring by the animal pound | ||||||
22 | or shelter, and
any monies which have been deposited shall be | ||||||
23 | forfeited and submitted to the Pet Population Control Fund on a | ||||||
24 | yearly basis. This Act shall not
prevent humane societies from | ||||||
25 | engaging in activities set forth by their
charters; provided, |
| |||||||
| |||||||
1 | they are not inconsistent with provisions of this Act
and other | ||||||
2 | existing laws. No animal shelter or animal control facility | ||||||
3 | shall
release dogs or cats to an individual representing a | ||||||
4 | rescue group, unless the
group has been licensed or has a | ||||||
5 | foster care permit issued by the Illinois Department of | ||||||
6 | Agriculture or
is a representative of a not-for-profit | ||||||
7 | out-of-state organization. The Department may suspend or
| ||||||
8 | revoke the license of
any animal shelter or animal control | ||||||
9 | facility that fails to comply with the
requirements set forth | ||||||
10 | in this Section or that fails to report its intake and | ||||||
11 | euthanasia statistics each year.
| ||||||
12 | (Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)
| ||||||
13 | Section 15. The Humane Care for Animals Act is amended by | ||||||
14 | changing Section 6 and by adding Section 3.08 as follows: | ||||||
15 | (510 ILCS 70/3.08 new) | ||||||
16 | Sec. 3.08. Destruction of companion animal by prohibited | ||||||
17 | method. Any individual who knowingly or intentionally destroys | ||||||
18 | or authorizes the destruction of a companion animal by any of | ||||||
19 | the following means is guilty of a Class A misdemeanor for the | ||||||
20 | first violation and a Class 4 felony for a second or subsequent | ||||||
21 | violation: | ||||||
22 | (1) by means of placing the animal in a decompression | ||||||
23 | chamber and lowering the pressure of the oxygen content in | ||||||
24 | the air surrounding the animal; or |
| |||||||
| |||||||
1 | (2) by use of nitrous oxide, halothane, carbon | ||||||
2 | monoxide, or carbon dioxide.
| ||||||
3 | (510 ILCS 70/6) (from Ch. 8, par. 706)
| ||||||
4 | Sec. 6. Poisoning prohibited. No person may knowingly | ||||||
5 | poison or cause
to be poisoned any dog or other domestic | ||||||
6 | animal. The only exception will be
by written permit from the | ||||||
7 | Department for the purpose of controlling diseases
| ||||||
8 | transmissible to humans or other animals and only when all | ||||||
9 | other methods and
means have been exhausted. Such a written | ||||||
10 | permit shall name the person or
persons conducting the | ||||||
11 | poisoning, specify the products to be used, give the
boundaries | ||||||
12 | of the area involved, and specify the precautionary measures to | ||||||
13 | be
employed to insure the safety of humans and other animals.
| ||||||
14 | This Section does not prohibit the use of a euthanasia drug | ||||||
15 | by a
euthanasia agency for the purpose of animal euthanasia, | ||||||
16 | provided that the
euthanasia drug is used by or under the | ||||||
17 | direction of a licensed veterinarian
or certified euthanasia | ||||||
18 | technician, all as defined in and subject to the
Humane Animal | ||||||
19 | Euthanasia in Animal Shelters Act.
| ||||||
20 | A person convicted of violating this Section or any rule, | ||||||
21 | regulation, or
order of the Department pursuant thereto is | ||||||
22 | guilty of a Class A misdemeanor.
A second or subsequent | ||||||
23 | violation is a Class 4 felony.
| ||||||
24 | (Source: P.A. 92-650, eff. 7-11-02.)
|
| |||||||
| |||||||
1 | Section 20. The Humane Euthanasia in Animal Shelters Act is | ||||||
2 | amended by changing Sections 1, 35, 57, 65, and 90 and by | ||||||
3 | adding Sections 36, 66, and 91 as follows:
| ||||||
4 | (510 ILCS 72/1)
| ||||||
5 | Sec. 1. Short title. This Act may be cited as the Humane | ||||||
6 | Animal Euthanasia in Animal Shelters Act.
| ||||||
7 | (Source: P.A. 92-449, eff. 1-1-02.)
| ||||||
8 | (510 ILCS 72/35)
| ||||||
9 | Sec. 35. Technician certification; duties.
| ||||||
10 | (a) An applicant for certification as a euthanasia | ||||||
11 | technician shall file an
application with the Department and | ||||||
12 | shall:
| ||||||
13 | (1) Be 18 years of age.
| ||||||
14 | (2) Be of good moral character. In determining moral | ||||||
15 | character under this
Section, the Department may take into | ||||||
16 | consideration whether the applicant has
engaged in conduct | ||||||
17 | or activities that would constitute grounds for discipline
| ||||||
18 | under this Act.
| ||||||
19 | (3) Each applicant for certification as a euthanasia | ||||||
20 | technician shall
have his or her fingerprints submitted to | ||||||
21 | the Department of State Police in an
electronic format that | ||||||
22 | complies with the form and manner for requesting and
| ||||||
23 | furnishing criminal history record information as | ||||||
24 | prescribed by the Department
of State Police. These |
| |||||||
| |||||||
1 | fingerprints shall be checked against the Department of
| ||||||
2 | State Police and Federal Bureau of Investigation criminal | ||||||
3 | history record
databases now and hereafter filed. The | ||||||
4 | Department of State Police shall charge
applicants a fee | ||||||
5 | for conducting the criminal history records check, which | ||||||
6 | shall
be deposited in the State Police Services Fund and | ||||||
7 | shall not exceed the actual
cost of the records check. The | ||||||
8 | Department of State Police shall furnish,
pursuant to | ||||||
9 | positive identification, records of Illinois convictions | ||||||
10 | to the
Department.
| ||||||
11 | (4) Hold a license or certification from the American | ||||||
12 | Humane
Association, the National Animal Control | ||||||
13 | Association, the Illinois Federation
of Humane Societies, | ||||||
14 | or the Humane Society of the United States issued within
3 | ||||||
15 | years preceding the date of application .
Every 5 years a | ||||||
16 | certified euthanasia technician must renew his or her | ||||||
17 | certification with the Department. At the time of renewal, | ||||||
18 | the technician must present proof that he or she attended a | ||||||
19 | class or seminar that teaches techniques or guidelines, or | ||||||
20 | both, for humane animal euthanasia administered by the | ||||||
21 | American Humane Association, the National Animal Control | ||||||
22 | Association, the Illinois Federation of Humane Societies, | ||||||
23 | or the Humane Society of the United States.
| ||||||
24 | For a period of 12 months after the adoption of final | ||||||
25 | administrative rules
for this Act, the Department may issue | ||||||
26 | a certification to an applicant who
holds a license or |
| |||||||
| |||||||
1 | certification from the American Humane Association, the
| ||||||
2 | National Animal Control Association, the Illinois | ||||||
3 | Federation of Humane
Societies, or the Humane Society of | ||||||
4 | the United States issued after January 1,
1997.
| ||||||
5 | (5) Pay the required fee.
| ||||||
6 | (b) The duties of a euthanasia technician shall include but | ||||||
7 | are not limited
to:
| ||||||
8 | (1) preparing animals for euthanasia and scanning each | ||||||
9 | animal, prior to
euthanasia, for microchips;
| ||||||
10 | (2) accurately recording the dosages administered and | ||||||
11 | the amount of drugs
wasted;
| ||||||
12 | (3) ordering supplies;
| ||||||
13 | (4) maintaining the security of all controlled | ||||||
14 | substances and drugs;
| ||||||
15 | (5) humanely euthanizing animals via intravenous | ||||||
16 | injection by hypodermic
needle, intraperitoneal injection | ||||||
17 | by hypodermic needle, solutions or
powder added to food or | ||||||
18 | by mouth, intracardiac injection only on comatose
animals | ||||||
19 | by hypodermic needle , or carbon monoxide in a commercially | ||||||
20 | manufactured
chamber ; and
| ||||||
21 | (6) properly disposing of euthanized animals after | ||||||
22 | verification of death.
| ||||||
23 | (c) A euthanasia technician employed by a euthanasia agency | ||||||
24 | may perform
euthanasia by the administration of a Schedule II
| ||||||
25 | or Schedule III nonnarcotic controlled
substance. A euthanasia
| ||||||
26 | technician may not personally possess, order, or administer a |
| |||||||
| |||||||
1 | controlled
substance except as an agent of the euthanasia | ||||||
2 | agency.
| ||||||
3 | (d) Upon termination from a euthanasia agency, a euthanasia | ||||||
4 | technician shall
not perform
animal euthanasia until he or she | ||||||
5 | is employed by another certified euthanasia
agency.
| ||||||
6 | (e) A certified euthanasia technician or an instructor in | ||||||
7 | an approved course
does not engage in the practice of
| ||||||
8 | veterinary
medicine when performing duties set forth in this | ||||||
9 | Act.
| ||||||
10 | (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
| ||||||
11 | (510 ILCS 72/36 new) | ||||||
12 | Sec. 36. Certificate issuance restrictions. The Department | ||||||
13 | shall not issue a certificate to any individual convicted in | ||||||
14 | Illinois of a forcible felony, a felony violation of the Humane | ||||||
15 | Care for Animals Act, a felony violation of Article 24 of the | ||||||
16 | Criminal Code of 1961, a felony violation of Class 3 or higher | ||||||
17 | of the Cannabis Control Act, a felony violation of Class 2 or | ||||||
18 | higher of the Methamphetamine Control and Community Prevention | ||||||
19 | Act, or any violation of Section 12-35 or 26-5 of the Criminal | ||||||
20 | Code of 1961, or convicted in another jurisdiction of the | ||||||
21 | United States of an offense substantially similar to any of the | ||||||
22 | specified Illinois offenses, for a period of 10 years | ||||||
23 | commencing upon the release of a person from incarceration. | ||||||
24 | (510 ILCS 72/57)
|
| |||||||
| |||||||
1 | Sec. 57. Procedures for euthanasia.
| ||||||
2 | (a) Only euthanasia drugs and commercially compressed | ||||||
3 | carbon monoxide,
subject
to
the limitations imposed under | ||||||
4 | subsection (b) of this Section, shall be used for
the purpose
| ||||||
5 | of humanely euthanizing injured, sick, homeless, or unwanted | ||||||
6 | companion animals
in an animal shelter or an animal control | ||||||
7 | facility licensed under the Illinois
Animal Welfare Act.
| ||||||
8 | (b) (Blank). Commercially compressed carbon monoxide may | ||||||
9 | be used as a permitted
method of
euthanasia provided that it is | ||||||
10 | performed in a commercially manufactured chamber
pursuant to | ||||||
11 | the guidelines set forth in the most recent report of the AVMA
| ||||||
12 | Panel on
Euthanasia.
A chamber that is designed to euthanize | ||||||
13 | more than one
animal at a
time must be equipped with | ||||||
14 | independent sections or cages to separate
incompatible
| ||||||
15 | animals. The interior of the chamber must be well lit and | ||||||
16 | equipped with
view-ports, a
regulator, and a flow meter. | ||||||
17 | Monitoring equipment must be used at all times
during the
| ||||||
18 | operation. Animals that are under 4 months of age, old, | ||||||
19 | injured, or sick
may not
be euthanized by carbon monoxide. | ||||||
20 | Animals shall remain in the chamber and
be exposed for
a | ||||||
21 | minimum of 20 minutes.
Staff members shall be fully notified of | ||||||
22 | potential health risks.
| ||||||
23 | (c) Animals cannot be transported beyond State lines for | ||||||
24 | the sole purpose
of euthanasia unless the euthanasia methods | ||||||
25 | comply with subsection (a) or (b)
of this
Section and the | ||||||
26 | euthanasia is performed by a certified euthanasia technician .
|
| |||||||
| |||||||
1 | (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
| ||||||
2 | (510 ILCS 72/65)
| ||||||
3 | Sec. 65. Refused issuance, suspension , or revocation of | ||||||
4 | certification. The Department shall refuse to renew or shall | ||||||
5 | revoke a euthanasia technician certification and may impose a | ||||||
6 | fine not to exceed $1,000 for a certified euthanasia technician | ||||||
7 | for any one or combination of the following reasons, each of | ||||||
8 | which is a violation of the Act: | ||||||
9 | (1) Failing to carry out any of the following duties of a | ||||||
10 | euthanasia technician: | ||||||
11 | (A) scanning for microchips or other identification | ||||||
12 | prior to euthanasia; | ||||||
13 | (B) maintaining the security of all controlled | ||||||
14 | substances and drugs; | ||||||
15 | (C) humanely euthanizing animals by intravenous | ||||||
16 | injection by hypodermic needle, intraperitoneal injection | ||||||
17 | by hypodermic needle, solutions or powder added to food or | ||||||
18 | by mouth, intracardiac injection only on comatose animals | ||||||
19 | by hypodermic needle; or | ||||||
20 | (D) verification of death by using a cardiac puncture | ||||||
21 | or stethoscope or by recognizing the signs of rigor mortis. | ||||||
22 | (2) Abusing the use of any controlled or illegal chemical | ||||||
23 | substance. | ||||||
24 | (3) Selling, stealing, or giving controlled or illegal | ||||||
25 | chemical substances away. |
| |||||||
| |||||||
1 | (4) Abetting anyone in the activities listed in this | ||||||
2 | Section. | ||||||
3 | (5) Violating any provision of the Illinois Animal Welfare | ||||||
4 | Act, the Illinois Humane Care for Animals Act, or the Illinois | ||||||
5 | Controlled Substances Act. | ||||||
6 | (6) Acting as a euthanasia technician outside of the scope | ||||||
7 | of his or her employment with a certified euthanasia agency or | ||||||
8 | while not employed by a certified euthanasia agency. The | ||||||
9 | Department
may refuse to issue, renew, or restore a | ||||||
10 | certification or may revoke or suspend
a certification,
or | ||||||
11 | place on
probation, reprimand, impose a fine not to exceed | ||||||
12 | $1,000 for each violation, or
take other
disciplinary action as | ||||||
13 | the Department may deem proper with regard to a
certified | ||||||
14 | euthanasia agency or a
certified
euthanasia technician for any | ||||||
15 | one or combination of the following reasons:
| ||||||
16 | (1) failing to carry out the duties of a euthanasia | ||||||
17 | technician;
| ||||||
18 | (2) abusing the use of any chemical substance;
| ||||||
19 | (3) selling, stealing, or giving chemical substances | ||||||
20 | away;
| ||||||
21 | (4) abetting anyone in the activities listed in this | ||||||
22 | subsection; or
| ||||||
23 | (5) violating any provision of this Act, the Illinois | ||||||
24 | Controlled
Substances
Act,
the rules adopted under these | ||||||
25 | Acts or any rules adopted by the Department
of Professional | ||||||
26 | Regulation concerning the euthanizing of animals.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-449, eff. 1-1-02.)
| ||||||
2 | (510 ILCS 72/66 new) | ||||||
3 | Sec. 66. Refused issuance or revocation of euthanasia | ||||||
4 | agency certification. The Department shall refuse to renew or | ||||||
5 | shall revoke a euthanasia agency's certification and may impose | ||||||
6 | a fine not to exceed $1,000 for any one of the following | ||||||
7 | reasons, each of which is a violation of the Act: | ||||||
8 | (1) Knowingly or willfully allowing a euthanasia | ||||||
9 | technician to perform any of the actions described in Section | ||||||
10 | 65 of this Act. | ||||||
11 | (2) Failing to the maintain the security of all controlled | ||||||
12 | substances and drugs. | ||||||
13 | (3) Allowing euthanasia to be performed by an individual | ||||||
14 | other than a certified euthanasia technician, a licensed | ||||||
15 | veterinarian, or an instructor. | ||||||
16 | (4) Failing to comply with the requirements of the Illinois | ||||||
17 | Food, Drug and Cosmetic Act; federal Food, Drug and Cosmetic | ||||||
18 | Act; federal Controlled Substances Act; or the Illinois | ||||||
19 | Controlled Substances Act.
| ||||||
20 | (510 ILCS 72/90)
| ||||||
21 | Sec. 90. Uncertified practice; civil penalty.
| ||||||
22 | (a) A person who practices, offers to practice, attempts to | ||||||
23 | practice, or
holds
himself
or herself out as a certified | ||||||
24 | euthanasia technician or a certified euthanasia
agency without |
| |||||||
| |||||||
1 | being certified
under
this Act shall, in addition to any other | ||||||
2 | penalty provided by law, pay a civil
penalty
to the Department | ||||||
3 | in an amount not to exceed $5,000 for each offense as
| ||||||
4 | determined by the Department. The civil penalty shall be | ||||||
5 | assessed by the
Department after a hearing is held in | ||||||
6 | accordance with the provisions set forth
in
this Act regarding | ||||||
7 | the provision of a hearing for the discipline of a certified
| ||||||
8 | euthanasia technician or a certified euthanasia agency. The | ||||||
9 | civil penalty must
be paid within 60 days after
the
effective | ||||||
10 | date of the order imposing the civil penalty. The order shall
| ||||||
11 | constitute a
judgment and may be filed and executed in the same | ||||||
12 | manner as any judgment
from any court of record.
| ||||||
13 | (b) The Department may investigate any uncertified | ||||||
14 | activity.
| ||||||
15 | (c) Instructors or licensed veterinarians teaching humane | ||||||
16 | euthanasia techniques
are exempt from the certification | ||||||
17 | process so long as they are currently licensed by another state | ||||||
18 | as a euthanasia technician or as a veterinarian .
| ||||||
19 | (Source: P.A. 92-449, eff. 1-1-02.)
| ||||||
20 | (510 ILCS 72/91 new) | ||||||
21 | Sec. 91. Criminal penalties. An individual, an agency, or a | ||||||
22 | technician who is found to have violated any one of the | ||||||
23 | following provisions of this Act is guilty of a Class A | ||||||
24 | misdemeanor: | ||||||
25 | (1) Euthanasia technician. Any violation of Section |
| |||||||
| |||||||
1 | 65. | ||||||
2 | (2) Euthanasia agency. An administrator, a director, a | ||||||
3 | manager, or a supervisor of a euthanasia agency who | ||||||
4 | knowingly or willfully violates Section 66. | ||||||
5 | (3) Personal. Any person who practices, offers to | ||||||
6 | practice, attempts to practice, or holds himself, herself, | ||||||
7 | or itself out as a certified euthanasia technician or a | ||||||
8 | certified euthanasia agency without being certified under | ||||||
9 | this Act. | ||||||
10 | On conviction of a second or subsequent offense, the | ||||||
11 | violator is guilty of a Class 4 felony. The Department shall | ||||||
12 | refer any alleged violation of these provision for the purpose | ||||||
13 | of criminal investigation and prosecution to local law | ||||||
14 | enforcement or the Illinois State Police and to the State's | ||||||
15 | Attorney in the county within which the violation occurred or | ||||||
16 | the Illinois Attorney General's office. | ||||||
17 | The Department shall also refer any information it receives | ||||||
18 | that appears to violate the Humane Care for Animals Act for | ||||||
19 | criminal investigation and prosecution to the Illinois State | ||||||
20 | Police and to the State's Attorney in the county within which | ||||||
21 | the violation occurred or the Illinois Attorney General's | ||||||
22 | office.
| ||||||
23 | (510 ILCS 72/165 rep.)
| ||||||
24 | Section 25. The Humane Euthanasia in Animal Shelters Act is | ||||||
25 | amended by repealing Section 165. |
| |||||||
| |||||||
1 | Section 30. The Illinois Controlled Substances Act is | ||||||
2 | amended by changing Section 102 as follows: | ||||||
3 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
4 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
5 | context
otherwise requires:
| ||||||
6 | (a) "Addict" means any person who habitually uses any drug, | ||||||
7 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
8 | to endanger the public
morals, health, safety or welfare or who | ||||||
9 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
10 | substance other than alcohol as to have lost
the power of self | ||||||
11 | control with reference to his addiction.
| ||||||
12 | (b) "Administer" means the direct application of a | ||||||
13 | controlled
substance, whether by injection, inhalation, | ||||||
14 | ingestion, or any other
means, to the body of a patient, | ||||||
15 | research subject, or animal (as
defined by the Humane Animal | ||||||
16 | Euthanasia in Animal Shelters Act) by:
| ||||||
17 | (1) a practitioner (or, in his presence, by his | ||||||
18 | authorized agent),
| ||||||
19 | (2) the patient or research subject at the lawful | ||||||
20 | direction of the
practitioner, or
| ||||||
21 | (3) a euthanasia technician as defined by the Humane | ||||||
22 | Animal Euthanasia in
Animal Shelters Act.
| ||||||
23 | (c) "Agent" means an authorized person who acts on behalf | ||||||
24 | of or at
the direction of a manufacturer, distributor, or |
| |||||||
| |||||||
1 | dispenser. It does not
include a common or contract carrier, | ||||||
2 | public warehouseman or employee of
the carrier or warehouseman.
| ||||||
3 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
4 | substance,
chemically and pharmacologically related to | ||||||
5 | testosterone (other than
estrogens, progestins, and | ||||||
6 | corticosteroids) that promotes muscle growth,
and includes:
| ||||||
7 | (i) boldenone,
| ||||||
8 | (ii) chlorotestosterone,
| ||||||
9 | (iii) chostebol,
| ||||||
10 | (iv) dehydrochlormethyltestosterone,
| ||||||
11 | (v) dihydrotestosterone,
| ||||||
12 | (vi) drostanolone,
| ||||||
13 | (vii) ethylestrenol,
| ||||||
14 | (viii) fluoxymesterone,
| ||||||
15 | (ix) formebulone,
| ||||||
16 | (x) mesterolone,
| ||||||
17 | (xi) methandienone,
| ||||||
18 | (xii) methandranone,
| ||||||
19 | (xiii) methandriol,
| ||||||
20 | (xiv) methandrostenolone,
| ||||||
21 | (xv) methenolone,
| ||||||
22 | (xvi) methyltestosterone,
| ||||||
23 | (xvii) mibolerone,
| ||||||
24 | (xviii) nandrolone,
| ||||||
25 | (xix) norethandrolone,
| ||||||
26 | (xx) oxandrolone,
|
| |||||||
| |||||||
1 | (xxi) oxymesterone,
| ||||||
2 | (xxii) oxymetholone,
| ||||||
3 | (xxiii) stanolone,
| ||||||
4 | (xxiv) stanozolol,
| ||||||
5 | (xxv) testolactone,
| ||||||
6 | (xxvi) testosterone,
| ||||||
7 | (xxvii) trenbolone, and
| ||||||
8 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
9 | substance described
or listed in this paragraph, if | ||||||
10 | that salt, ester, or isomer promotes muscle
growth.
| ||||||
11 | Any person who is otherwise lawfully in possession of an | ||||||
12 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
13 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
14 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
15 | expressly intended for and lawfully allowed to be
administered | ||||||
16 | through implants to livestock or other nonhuman species, and
| ||||||
17 | which is approved by the Secretary of Health and Human Services | ||||||
18 | for such
administration, and which the person intends to | ||||||
19 | administer or have
administered through such implants, shall | ||||||
20 | not be considered to be in
unauthorized possession or to | ||||||
21 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
22 | possess with intent to deliver such anabolic steroid for
| ||||||
23 | purposes of this Act.
| ||||||
24 | (d) "Administration" means the Drug Enforcement | ||||||
25 | Administration,
United States Department of Justice, or its | ||||||
26 | successor agency.
|
| |||||||
| |||||||
1 | (e) "Control" means to add a drug or other substance, or | ||||||
2 | immediate
precursor, to a Schedule under Article II of this Act | ||||||
3 | whether by
transfer from another Schedule or otherwise.
| ||||||
4 | (f) "Controlled Substance" means a drug, substance, or | ||||||
5 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
6 | (g) "Counterfeit substance" means a controlled substance, | ||||||
7 | which, or
the container or labeling of which, without | ||||||
8 | authorization bears the
trademark, trade name, or other | ||||||
9 | identifying mark, imprint, number or
device, or any likeness | ||||||
10 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
11 | than the person who in fact manufactured, distributed,
or | ||||||
12 | dispensed the substance.
| ||||||
13 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
14 | or
attempted transfer of possession of a controlled substance, | ||||||
15 | with or
without consideration, whether or not there is an | ||||||
16 | agency relationship.
| ||||||
17 | (i) "Department" means the Illinois Department of Human | ||||||
18 | Services (as
successor to the Department of Alcoholism and | ||||||
19 | Substance Abuse) or its successor agency.
| ||||||
20 | (j) "Department of State Police" means the Department of | ||||||
21 | State
Police of the State of Illinois or its successor agency.
| ||||||
22 | (k) "Department of Corrections" means the Department of | ||||||
23 | Corrections
of the State of Illinois or its successor agency.
| ||||||
24 | (l) "Department of Professional Regulation" means the | ||||||
25 | Department
of Professional Regulation of the State of Illinois | ||||||
26 | or its successor agency.
|
| |||||||
| |||||||
1 | (m) "Depressant" or "stimulant substance" means:
| ||||||
2 | (1) a drug which contains any quantity of (i) | ||||||
3 | barbituric acid or
any of the salts of barbituric acid | ||||||
4 | which has been designated as habit
forming under section | ||||||
5 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
6 | U.S.C. 352 (d)); or
| ||||||
7 | (2) a drug which contains any quantity of (i) | ||||||
8 | amphetamine or
methamphetamine and any of their optical | ||||||
9 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
10 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
11 | substance which the Department, after
investigation, has | ||||||
12 | found to be, and by rule designated as, habit forming
| ||||||
13 | because of its depressant or stimulant effect on the | ||||||
14 | central nervous
system; or
| ||||||
15 | (3) lysergic acid diethylamide; or
| ||||||
16 | (4) any drug which contains any quantity of a substance | ||||||
17 | which the
Department, after investigation, has found to | ||||||
18 | have, and by rule
designated as having, a potential for | ||||||
19 | abuse because of its depressant or
stimulant effect on the | ||||||
20 | central nervous system or its hallucinogenic
effect.
| ||||||
21 | (n) (Blank).
| ||||||
22 | (o) "Director" means the Director of the Department of | ||||||
23 | State Police or
the Department of Professional Regulation or | ||||||
24 | his designated agents.
| ||||||
25 | (p) "Dispense" means to deliver a controlled substance to | ||||||
26 | an
ultimate user or research subject by or pursuant to the |
| |||||||
| |||||||
1 | lawful order of
a prescriber, including the prescribing, | ||||||
2 | administering, packaging,
labeling, or compounding necessary | ||||||
3 | to prepare the substance for that
delivery.
| ||||||
4 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
5 | (r) "Distribute" means to deliver, other than by | ||||||
6 | administering or
dispensing, a controlled substance.
| ||||||
7 | (s) "Distributor" means a person who distributes.
| ||||||
8 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
9 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
10 | Pharmacopoeia of the
United States, or official National | ||||||
11 | Formulary, or any supplement to any
of them; (2) substances | ||||||
12 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
13 | prevention of disease in man or animals; (3) substances
(other | ||||||
14 | than food) intended to affect the structure of any function of
| ||||||
15 | the body of man or animals and (4) substances intended for use | ||||||
16 | as a
component of any article specified in clause (1), (2), or | ||||||
17 | (3) of this
subsection. It does not include devices or their | ||||||
18 | components, parts, or
accessories.
| ||||||
19 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
20 | Department of Professional Regulation for the
purpose of animal | ||||||
21 | euthanasia that holds an animal control facility license or
| ||||||
22 | animal
shelter license under the Animal Welfare Act. A | ||||||
23 | euthanasia agency is
authorized to purchase, store, possess, | ||||||
24 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
25 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
26 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III |
| |||||||
| |||||||
1 | substances
(nonnarcotic controlled substances) that are used | ||||||
2 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
3 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
4 | controlled
substance by a practitioner in the regular course of | ||||||
5 | professional
treatment to or for any person who is under his | ||||||
6 | treatment for a
pathology or condition other than that | ||||||
7 | individual's physical or
psychological dependence upon or | ||||||
8 | addiction to a controlled substance,
except as provided herein: | ||||||
9 | and application of the term to a pharmacist
shall mean the | ||||||
10 | dispensing of a controlled substance pursuant to the
| ||||||
11 | prescriber's order which in the professional judgment of the | ||||||
12 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
13 | accepted professional
standards including, but not limited to | ||||||
14 | the following, in making the
judgment:
| ||||||
15 | (1) lack of consistency of doctor-patient | ||||||
16 | relationship,
| ||||||
17 | (2) frequency of prescriptions for same drug by one | ||||||
18 | prescriber for
large numbers of patients,
| ||||||
19 | (3) quantities beyond those normally prescribed,
| ||||||
20 | (4) unusual dosages,
| ||||||
21 | (5) unusual geographic distances between patient, | ||||||
22 | pharmacist and
prescriber,
| ||||||
23 | (6) consistent prescribing of habit-forming drugs.
| ||||||
24 | (u-1) "Home infusion services" means services provided by a | ||||||
25 | pharmacy in
compounding solutions for direct administration to | ||||||
26 | a patient in a private
residence, long-term care facility, or |
| |||||||
| |||||||
1 | hospice setting by means of parenteral,
intravenous, | ||||||
2 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
3 | (v) "Immediate precursor" means a substance:
| ||||||
4 | (1) which the Department has found to be and by rule | ||||||
5 | designated as
being a principal compound used, or produced | ||||||
6 | primarily for use, in the
manufacture of a controlled | ||||||
7 | substance;
| ||||||
8 | (2) which is an immediate chemical intermediary used or | ||||||
9 | likely to
be used in the manufacture of such controlled | ||||||
10 | substance; and
| ||||||
11 | (3) the control of which is necessary to prevent, | ||||||
12 | curtail or limit
the manufacture of such controlled | ||||||
13 | substance.
| ||||||
14 | (w) "Instructional activities" means the acts of teaching, | ||||||
15 | educating
or instructing by practitioners using controlled | ||||||
16 | substances within
educational facilities approved by the State | ||||||
17 | Board of Education or
its successor agency.
| ||||||
18 | (x) "Local authorities" means a duly organized State, | ||||||
19 | County or
Municipal peace unit or police force.
| ||||||
20 | (y) "Look-alike substance" means a substance, other than a | ||||||
21 | controlled
substance which (1) by overall dosage unit | ||||||
22 | appearance, including shape,
color, size, markings or lack | ||||||
23 | thereof, taste, consistency, or any other
identifying physical | ||||||
24 | characteristic of the substance, would lead a reasonable
person | ||||||
25 | to believe that the substance is a controlled substance, or (2) | ||||||
26 | is
expressly or impliedly represented to be a controlled |
| |||||||
| |||||||
1 | substance or is
distributed under circumstances which would | ||||||
2 | lead a reasonable person to
believe that the substance is a | ||||||
3 | controlled substance. For the purpose of
determining whether | ||||||
4 | the representations made or the circumstances of the
| ||||||
5 | distribution would lead a reasonable person to believe the | ||||||
6 | substance to be
a controlled substance under this clause (2) of | ||||||
7 | subsection (y), the court or
other authority may consider the | ||||||
8 | following factors in addition to any other
factor that may be | ||||||
9 | relevant:
| ||||||
10 | (a) statements made by the owner or person in control | ||||||
11 | of the substance
concerning its nature, use or effect;
| ||||||
12 | (b) statements made to the buyer or recipient that the | ||||||
13 | substance may
be resold for profit;
| ||||||
14 | (c) whether the substance is packaged in a manner | ||||||
15 | normally used for the
illegal distribution of controlled | ||||||
16 | substances;
| ||||||
17 | (d) whether the distribution or attempted distribution | ||||||
18 | included an
exchange of or demand for money or other | ||||||
19 | property as consideration, and
whether the amount of the | ||||||
20 | consideration was substantially greater than the
| ||||||
21 | reasonable retail market value of the substance.
| ||||||
22 | Clause (1) of this subsection (y) shall not apply to a | ||||||
23 | noncontrolled
substance in its finished dosage form that was | ||||||
24 | initially introduced into
commerce prior to the initial | ||||||
25 | introduction into commerce of a controlled
substance in its | ||||||
26 | finished dosage form which it may substantially resemble.
|
| |||||||
| |||||||
1 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
2 | distributing
of noncontrolled substances by persons authorized | ||||||
3 | to dispense and
distribute controlled substances under this | ||||||
4 | Act, provided that such action
would be deemed to be carried | ||||||
5 | out in good faith under subsection (u) if the
substances | ||||||
6 | involved were controlled substances.
| ||||||
7 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
8 | manufacture,
preparation, propagation, compounding, | ||||||
9 | processing, packaging, advertising
or distribution of a drug or | ||||||
10 | drugs by any person registered pursuant to
Section 510 of the | ||||||
11 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
12 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
13 | located in a state
of the United States, other than Illinois, | ||||||
14 | that delivers, dispenses or
distributes, through the United | ||||||
15 | States Postal Service or other common
carrier, to Illinois | ||||||
16 | residents, any substance which requires a prescription.
| ||||||
17 | (z) "Manufacture" means the production, preparation, | ||||||
18 | propagation,
compounding, conversion or processing of a | ||||||
19 | controlled substance other than methamphetamine, either
| ||||||
20 | directly or indirectly, by extraction from substances of | ||||||
21 | natural origin,
or independently by means of chemical | ||||||
22 | synthesis, or by a combination of
extraction and chemical | ||||||
23 | synthesis, and includes any packaging or
repackaging of the | ||||||
24 | substance or labeling of its container, except that
this term | ||||||
25 | does not include:
| ||||||
26 | (1) by an ultimate user, the preparation or compounding |
| |||||||
| |||||||
1 | of a
controlled substance for his own use; or
| ||||||
2 | (2) by a practitioner, or his authorized agent under | ||||||
3 | his
supervision, the preparation, compounding, packaging, | ||||||
4 | or labeling of a
controlled substance:
| ||||||
5 | (a) as an incident to his administering or | ||||||
6 | dispensing of a
controlled substance in the course of | ||||||
7 | his professional practice; or
| ||||||
8 | (b) as an incident to lawful research, teaching or | ||||||
9 | chemical
analysis and not for sale.
| ||||||
10 | (z-1) (Blank).
| ||||||
11 | (aa) "Narcotic drug" means any of the following, whether | ||||||
12 | produced
directly or indirectly by extraction from substances | ||||||
13 | of natural origin,
or independently by means of chemical | ||||||
14 | synthesis, or by a combination of
extraction and chemical | ||||||
15 | synthesis:
| ||||||
16 | (1) opium and opiate, and any salt, compound, | ||||||
17 | derivative, or
preparation of opium or opiate;
| ||||||
18 | (2) any salt, compound, isomer, derivative, or | ||||||
19 | preparation thereof
which is chemically equivalent or | ||||||
20 | identical with any of the substances
referred to in clause | ||||||
21 | (1), but not including the isoquinoline alkaloids
of opium;
| ||||||
22 | (3) opium poppy and poppy straw;
| ||||||
23 | (4) coca leaves and any salts, compound, isomer, salt | ||||||
24 | of an isomer,
derivative, or preparation of coca leaves | ||||||
25 | including cocaine or ecgonine,
and any salt, compound, | ||||||
26 | isomer, derivative, or preparation thereof which is
|
| |||||||
| |||||||
1 | chemically equivalent or identical with any of these | ||||||
2 | substances, but not
including decocainized coca leaves or | ||||||
3 | extractions of coca leaves which do
not contain cocaine or | ||||||
4 | ecgonine (for the purpose of this paragraph, the
term | ||||||
5 | "isomer" includes optical, positional and geometric | ||||||
6 | isomers).
| ||||||
7 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
8 | Nurse Practice Act.
| ||||||
9 | (cc) (Blank).
| ||||||
10 | (dd) "Opiate" means any substance having an addiction | ||||||
11 | forming or
addiction sustaining liability similar to morphine | ||||||
12 | or being capable of
conversion into a drug having addiction | ||||||
13 | forming or addiction sustaining
liability.
| ||||||
14 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
15 | somniferum L., except its seeds.
| ||||||
16 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
17 | Board of
the State of Illinois or its successor agency.
| ||||||
18 | (gg) "Person" means any individual, corporation, | ||||||
19 | mail-order pharmacy,
government or governmental subdivision or | ||||||
20 | agency, business trust, estate,
trust, partnership or | ||||||
21 | association, or any other entity.
| ||||||
22 | (hh) "Pharmacist" means any person who holds a license or | ||||||
23 | certificate of
registration as a registered pharmacist, a local | ||||||
24 | registered pharmacist
or a registered assistant pharmacist | ||||||
25 | under the Pharmacy Practice Act.
| ||||||
26 | (ii) "Pharmacy" means any store, ship or other place in |
| |||||||
| |||||||
1 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
2 | Practice Act.
| ||||||
3 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
4 | the opium
poppy, after mowing.
| ||||||
5 | (kk) "Practitioner" means a physician licensed to practice | ||||||
6 | medicine in all
its branches, dentist, optometrist, | ||||||
7 | podiatrist,
veterinarian, scientific investigator, pharmacist, | ||||||
8 | physician assistant,
advanced practice nurse,
licensed | ||||||
9 | practical
nurse, registered nurse, hospital, laboratory, or | ||||||
10 | pharmacy, or other
person licensed, registered, or otherwise | ||||||
11 | lawfully permitted by the
United States or this State to | ||||||
12 | distribute, dispense, conduct research
with respect to, | ||||||
13 | administer or use in teaching or chemical analysis, a
| ||||||
14 | controlled substance in the course of professional practice or | ||||||
15 | research.
| ||||||
16 | (ll) "Pre-printed prescription" means a written | ||||||
17 | prescription upon which
the designated drug has been indicated | ||||||
18 | prior to the time of issuance.
| ||||||
19 | (mm) "Prescriber" means a physician licensed to practice | ||||||
20 | medicine in all
its branches, dentist, optometrist, podiatrist | ||||||
21 | or
veterinarian who issues a prescription, a physician | ||||||
22 | assistant who
issues a
prescription for a Schedule III, IV, or | ||||||
23 | V 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 delegated under |
| |||||||
| |||||||
1 | Section 65-40 of the Nurse Practice Act and in accordance with | ||||||
2 | Section 303.05
and a written
collaborative agreement under | ||||||
3 | Section 65-35 of the Nurse Practice Act.
| ||||||
4 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
5 | verbal order
of
a physician licensed to practice medicine in | ||||||
6 | all its branches,
dentist, podiatrist or veterinarian for any | ||||||
7 | controlled
substance, of an optometrist for a Schedule III, IV, | ||||||
8 | or V controlled substance in accordance with Section 15.1 of | ||||||
9 | the Illinois Optometric Practice Act of 1987, of a physician | ||||||
10 | assistant for a Schedule III, IV, or V
controlled substance
in | ||||||
11 | accordance with Section 303.05 and the written guidelines | ||||||
12 | required under
Section 7.5 of the
Physician Assistant Practice | ||||||
13 | Act of 1987, or of an advanced practice
nurse with prescriptive | ||||||
14 | authority delegated under Section 65-40 of the Nurse Practice | ||||||
15 | Act who issues a prescription for a Schedule III, IV, or V
| ||||||
16 | controlled substance in accordance
with
Section 303.05 and a | ||||||
17 | written collaborative agreement under Section 65-35 of the | ||||||
18 | Nurse Practice Act.
| ||||||
19 | (oo) "Production" or "produce" means manufacture, | ||||||
20 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
21 | substance other than methamphetamine.
| ||||||
22 | (pp) "Registrant" means every person who is required to | ||||||
23 | register
under Section 302 of this Act.
| ||||||
24 | (qq) "Registry number" means the number assigned to each | ||||||
25 | person
authorized to handle controlled substances under the | ||||||
26 | laws of the United
States and of this State.
|
| |||||||
| |||||||
1 | (rr) "State" includes the State of Illinois and any state, | ||||||
2 | district,
commonwealth, territory, insular possession thereof, | ||||||
3 | and any area
subject to the legal authority of the United | ||||||
4 | States of America.
| ||||||
5 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
6 | a
controlled substance for his own use or for the use of a | ||||||
7 | member of his
household or for administering to an animal owned | ||||||
8 | by him or by a member
of his household.
| ||||||
9 | (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08; | ||||||
10 | 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; revised | ||||||
11 | 11-19-07.)
| ||||||
12 | Section 95. No acceleration or delay. Where this Act makes | ||||||
13 | changes in a statute that is represented in this Act by text | ||||||
14 | that is not yet or no longer in effect (for example, a Section | ||||||
15 | represented by multiple versions), the use of that text does | ||||||
16 | not accelerate or delay the taking effect of (i) the changes | ||||||
17 | made by this Act or (ii) provisions derived from any other | ||||||
18 | Public Act.
|