Illinois General Assembly - Full Text of SB0206
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Full Text of SB0206  99th General Assembly



SB0206 EngrossedLRB099 03366 RLC 23374 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 102 and by adding Section 201.1 as
7    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
8    Sec. 102. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Addict" means any person who habitually uses any drug,
11chemical, substance or dangerous drug other than alcohol so as
12to endanger the public morals, health, safety or welfare or who
13is so far addicted to the use of a dangerous drug or controlled
14substance other than alcohol as to have lost the power of self
15control with reference to his or her addiction.
16    (b) "Administer" means the direct application of a
17controlled substance, whether by injection, inhalation,
18ingestion, or any other means, to the body of a patient,
19research subject, or animal (as defined by the Humane
20Euthanasia in Animal Shelters Act) by:
21        (1) a practitioner (or, in his or her presence, by his
22    or her authorized agent),
23        (2) the patient or research subject pursuant to an



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1    order, or
2        (3) a euthanasia technician as defined by the Humane
3    Euthanasia in Animal Shelters Act.
4    (c) "Agent" means an authorized person who acts on behalf
5of or at the direction of a manufacturer, distributor,
6dispenser, prescriber, or practitioner. It does not include a
7common or contract carrier, public warehouseman or employee of
8the carrier or warehouseman.
9    (c-1) "Anabolic Steroids" means any drug or hormonal
10substance, chemically and pharmacologically related to
11testosterone (other than estrogens, progestins,
12corticosteroids, and dehydroepiandrosterone), and includes:
13    (i) 3[beta],17-dihydroxy-5a-androstane, 
14    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
15    (iii) 5[alpha]-androstan-3,17-dione, 
16    (iv) 1-androstenediol (3[beta], 
17        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
18    (v) 1-androstenediol (3[alpha], 
19        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
20    (vi) 4-androstenediol  
21        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
22    (vii) 5-androstenediol  
23        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
24    (viii) 1-androstenedione  
25        ([5alpha]-androst-1-en-3,17-dione), 
26    (ix) 4-androstenedione  



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1        (androst-4-en-3,17-dione), 
2    (x) 5-androstenedione  
3        (androst-5-en-3,17-dione), 
4    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
5        hydroxyandrost-4-en-3-one), 
6    (xii) boldenone (17[beta]-hydroxyandrost- 
7        1,4,-diene-3-one), 
8    (xiii) boldione (androsta-1,4- 
9        diene-3,17-dione), 
10    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
11        [beta]-hydroxyandrost-4-en-3-one), 
12    (xv) clostebol (4-chloro-17[beta]- 
13        hydroxyandrost-4-en-3-one), 
14    (xvi) dehydrochloromethyltestosterone (4-chloro- 
15        17[beta]-hydroxy-17[alpha]-methyl- 
16        androst-1,4-dien-3-one), 
17    (xvii) desoxymethyltestosterone 
18    (17[alpha]-methyl-5[alpha] 
19        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
20    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
21        '1-testosterone') (17[beta]-hydroxy- 
22        5[alpha]-androst-1-en-3-one), 
23    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
24        androstan-3-one), 
25    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
26        5[alpha]-androstan-3-one), 



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1    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
2        hydroxyestr-4-ene), 
3    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
4        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
5    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
6        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
7    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
8        hydroxyandrostano[2,3-c]-furazan), 
9    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
10    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
11        androst-4-en-3-one), 
12    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
13        dihydroxy-estr-4-en-3-one), 
14    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
15        hydroxy-5-androstan-3-one), 
16    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
17        [5a]-androstan-3-one), 
18    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
19        hydroxyandrost-1,4-dien-3-one), 
20    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
21        dihydroxyandrost-5-ene), 
22    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
23        5[alpha]-androst-1-en-3-one), 
24    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
25        dihydroxy-5a-androstane), 
26    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 



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1        -5a-androstane), 
2    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
3        dihydroxyandrost-4-ene), 
4    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
5        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
6    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
7        hydroxyestra-4,9(10)-dien-3-one), 
8    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
9        hydroxyestra-4,9-11-trien-3-one), 
10    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
11        hydroxyandrost-4-en-3-one), 
12    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
13        hydroxyestr-4-en-3-one), 
14    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
15        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
16        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
17        1-testosterone'), 
18    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
19    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
20        dihydroxyestr-4-ene), 
21    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
22        dihydroxyestr-4-ene), 
23    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
24        dihydroxyestr-5-ene), 
25    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
26        dihydroxyestr-5-ene), 



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1    (xlvii) 19-nor-4,9(10)-androstadienedione  
2        (estra-4,9(10)-diene-3,17-dione), 
3    (xlviii) 19-nor-4-androstenedione (estr-4- 
4        en-3,17-dione), 
5    (xlix) 19-nor-5-androstenedione (estr-5- 
6        en-3,17-dione), 
7    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
8        hydroxygon-4-en-3-one), 
9    (li) norclostebol (4-chloro-17[beta]- 
10        hydroxyestr-4-en-3-one), 
11    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
12        hydroxyestr-4-en-3-one), 
13    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
14        hydroxyestr-4-en-3-one), 
15    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
16        2-oxa-5[alpha]-androstan-3-one), 
17    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
18        dihydroxyandrost-4-en-3-one), 
19    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
20        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
21    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
22        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
23    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
24        (5[alpha]-androst-1-en-3-one), 
25    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
26        secoandrosta-1,4-dien-17-oic 



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1        acid lactone), 
2    (lx) testosterone (17[beta]-hydroxyandrost- 
3        4-en-3-one), 
4    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
5        diethyl-17[beta]-hydroxygon- 
6        4,9,11-trien-3-one), 
7    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
8        11-trien-3-one). 
9    Any person who is otherwise lawfully in possession of an
10anabolic steroid, or who otherwise lawfully manufactures,
11distributes, dispenses, delivers, or possesses with intent to
12deliver an anabolic steroid, which anabolic steroid is
13expressly intended for and lawfully allowed to be administered
14through implants to livestock or other nonhuman species, and
15which is approved by the Secretary of Health and Human Services
16for such administration, and which the person intends to
17administer or have administered through such implants, shall
18not be considered to be in unauthorized possession or to
19unlawfully manufacture, distribute, dispense, deliver, or
20possess with intent to deliver such anabolic steroid for
21purposes of this Act.
22    (d) "Administration" means the Drug Enforcement
23Administration, United States Department of Justice, or its
24successor agency.
25    (d-5) "Clinical Director, Prescription Monitoring Program"
26means a Department of Human Services administrative employee



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1licensed to either prescribe or dispense controlled substances
2who shall run the clinical aspects of the Department of Human
3Services Prescription Monitoring Program and its Prescription
4Information Library.
5    (d-10) "Compounding" means the preparation and mixing of
6components, excluding flavorings, (1) as the result of a
7prescriber's prescription drug order or initiative based on the
8prescriber-patient-pharmacist relationship in the course of
9professional practice or (2) for the purpose of, or incident
10to, research, teaching, or chemical analysis and not for sale
11or dispensing. "Compounding" includes the preparation of drugs
12or devices in anticipation of receiving prescription drug
13orders based on routine, regularly observed dispensing
14patterns. Commercially available products may be compounded
15for dispensing to individual patients only if both of the
16following conditions are met: (i) the commercial product is not
17reasonably available from normal distribution channels in a
18timely manner to meet the patient's needs and (ii) the
19prescribing practitioner has requested that the drug be
21    (e) "Control" means to add a drug or other substance, or
22immediate precursor, to a Schedule whether by transfer from
23another Schedule or otherwise.
24    (f) "Controlled Substance" means (i) a drug, substance, or
25immediate precursor, synthetic drug, or class of synthetic drug
26in the Schedules of Article II of this Act or (ii) a drug or



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1other substance, or immediate precursor, synthetic drug, or
2class of synthetic drug designated as a controlled substance by
3the Department through administrative rule. The term does not
4include distilled spirits, wine, malt beverages, or tobacco, as
5those terms are defined or used in the Liquor Control Act of
61934 and the Tobacco Products Tax Act of 1995.
7    (f-5) "Controlled substance analog" means a substance:
8        (1) the chemical structure of which is substantially
9    similar to the chemical structure of a controlled substance
10    in Schedule I or II;
11        (2) which has a stimulant, depressant, or
12    hallucinogenic effect on the central nervous system that is
13    substantially similar to or greater than the stimulant,
14    depressant, or hallucinogenic effect on the central
15    nervous system of a controlled substance in Schedule I or
16    II; or
17        (3) with respect to a particular person, which such
18    person represents or intends to have a stimulant,
19    depressant, or hallucinogenic effect on the central
20    nervous system that is substantially similar to or greater
21    than the stimulant, depressant, or hallucinogenic effect
22    on the central nervous system of a controlled substance in
23    Schedule I or II.
24    (g) "Counterfeit substance" means a controlled substance,
25which, or the container or labeling of which, without
26authorization bears the trademark, trade name, or other



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1identifying mark, imprint, number or device, or any likeness
2thereof, of a manufacturer, distributor, or dispenser other
3than the person who in fact manufactured, distributed, or
4dispensed the substance.
5    (h) "Deliver" or "delivery" means the actual, constructive
6or attempted transfer of possession of a controlled substance,
7with or without consideration, whether or not there is an
8agency relationship.
9    (i) "Department" means the Illinois Department of Human
10Services (as successor to the Department of Alcoholism and
11Substance Abuse) or its successor agency.
12    (j) (Blank).
13    (k) "Department of Corrections" means the Department of
14Corrections of the State of Illinois or its successor agency.
15    (l) "Department of Financial and Professional Regulation"
16means the Department of Financial and Professional Regulation
17of the State of Illinois or its successor agency.
18    (m) "Depressant" means any drug that (i) causes an overall
19depression of central nervous system functions, (ii) causes
20impaired consciousness and awareness, and (iii) can be
21habit-forming or lead to a substance abuse problem, including
22but not limited to alcohol, cannabis and its active principles
23and their analogs, benzodiazepines and their analogs,
24barbiturates and their analogs, opioids (natural and
25synthetic) and their analogs, and chloral hydrate and similar
26sedative hypnotics.



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1    (n) (Blank).
2    (o) "Director" means the Director of the Illinois State
3Police or his or her designated agents.
4    (p) "Dispense" means to deliver a controlled substance to
5an ultimate user or research subject by or pursuant to the
6lawful order of a prescriber, including the prescribing,
7administering, packaging, labeling, or compounding necessary
8to prepare the substance for that delivery.
9    (q) "Dispenser" means a practitioner who dispenses.
10    (r) "Distribute" means to deliver, other than by
11administering or dispensing, a controlled substance.
12    (s) "Distributor" means a person who distributes.
13    (t) "Drug" means (1) substances recognized as drugs in the
14official United States Pharmacopoeia, Official Homeopathic
15Pharmacopoeia of the United States, or official National
16Formulary, or any supplement to any of them; (2) substances
17intended for use in diagnosis, cure, mitigation, treatment, or
18prevention of disease in man or animals; (3) substances (other
19than food) intended to affect the structure of any function of
20the body of man or animals and (4) substances intended for use
21as a component of any article specified in clause (1), (2), or
22(3) of this subsection. It does not include devices or their
23components, parts, or accessories.
24    (t-5) "Euthanasia agency" means an entity certified by the
25Department of Financial and Professional Regulation for the
26purpose of animal euthanasia that holds an animal control



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1facility license or animal shelter license under the Animal
2Welfare Act. A euthanasia agency is authorized to purchase,
3store, possess, and utilize Schedule II nonnarcotic and
4Schedule III nonnarcotic drugs for the sole purpose of animal
6    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
7substances (nonnarcotic controlled substances) that are used
8by a euthanasia agency for the purpose of animal euthanasia.
9    (u) "Good faith" means the prescribing or dispensing of a
10controlled substance by a practitioner in the regular course of
11professional treatment to or for any person who is under his or
12her treatment for a pathology or condition other than that
13individual's physical or psychological dependence upon or
14addiction to a controlled substance, except as provided herein:
15and application of the term to a pharmacist shall mean the
16dispensing of a controlled substance pursuant to the
17prescriber's order which in the professional judgment of the
18pharmacist is lawful. The pharmacist shall be guided by
19accepted professional standards including, but not limited to
20the following, in making the judgment:
21        (1) lack of consistency of prescriber-patient
22    relationship,
23        (2) frequency of prescriptions for same drug by one
24    prescriber for large numbers of patients,
25        (3) quantities beyond those normally prescribed,
26        (4) unusual dosages (recognizing that there may be



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1    clinical circumstances where more or less than the usual
2    dose may be used legitimately),
3        (5) unusual geographic distances between patient,
4    pharmacist and prescriber,
5        (6) consistent prescribing of habit-forming drugs.
6    (u-0.5) "Hallucinogen" means a drug that causes markedly
7altered sensory perception leading to hallucinations of any
9    (u-1) "Home infusion services" means services provided by a
10pharmacy in compounding solutions for direct administration to
11a patient in a private residence, long-term care facility, or
12hospice setting by means of parenteral, intravenous,
13intramuscular, subcutaneous, or intraspinal infusion.
14    (u-5) "Illinois State Police" means the State Police of the
15State of Illinois, or its successor agency.
16    (v) "Immediate precursor" means a substance:
17        (1) which the Department has found to be and by rule
18    designated as being a principal compound used, or produced
19    primarily for use, in the manufacture of a controlled
20    substance;
21        (2) which is an immediate chemical intermediary used or
22    likely to be used in the manufacture of such controlled
23    substance; and
24        (3) the control of which is necessary to prevent,
25    curtail or limit the manufacture of such controlled
26    substance.



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1    (w) "Instructional activities" means the acts of teaching,
2educating or instructing by practitioners using controlled
3substances within educational facilities approved by the State
4Board of Education or its successor agency.
5    (x) "Local authorities" means a duly organized State,
6County or Municipal peace unit or police force.
7    (y) "Look-alike substance" means a substance, other than a
8controlled substance which (1) by overall dosage unit
9appearance, including shape, color, size, markings or lack
10thereof, taste, consistency, or any other identifying physical
11characteristic of the substance, would lead a reasonable person
12to believe that the substance is a controlled substance, or (2)
13is expressly or impliedly represented to be a controlled
14substance or is distributed under circumstances which would
15lead a reasonable person to believe that the substance is a
16controlled substance. For the purpose of determining whether
17the representations made or the circumstances of the
18distribution would lead a reasonable person to believe the
19substance to be a controlled substance under this clause (2) of
20subsection (y), the court or other authority may consider the
21following factors in addition to any other factor that may be
23        (a) statements made by the owner or person in control
24    of the substance concerning its nature, use or effect;
25        (b) statements made to the buyer or recipient that the
26    substance may be resold for profit;



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1        (c) whether the substance is packaged in a manner
2    normally used for the illegal distribution of controlled
3    substances;
4        (d) whether the distribution or attempted distribution
5    included an exchange of or demand for money or other
6    property as consideration, and whether the amount of the
7    consideration was substantially greater than the
8    reasonable retail market value of the substance.
9    Clause (1) of this subsection (y) shall not apply to a
10noncontrolled substance in its finished dosage form that was
11initially introduced into commerce prior to the initial
12introduction into commerce of a controlled substance in its
13finished dosage form which it may substantially resemble.
14    Nothing in this subsection (y) prohibits the dispensing or
15distributing of noncontrolled substances by persons authorized
16to dispense and distribute controlled substances under this
17Act, provided that such action would be deemed to be carried
18out in good faith under subsection (u) if the substances
19involved were controlled substances.
20    Nothing in this subsection (y) or in this Act prohibits the
21manufacture, preparation, propagation, compounding,
22processing, packaging, advertising or distribution of a drug or
23drugs by any person registered pursuant to Section 510 of the
24Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
25    (y-1) "Mail-order pharmacy" means a pharmacy that is
26located in a state of the United States that delivers,



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1dispenses or distributes, through the United States Postal
2Service or other common carrier, to Illinois residents, any
3substance which requires a prescription.
4    (z) "Manufacture" means the production, preparation,
5propagation, compounding, conversion or processing of a
6controlled substance other than methamphetamine, either
7directly or indirectly, by extraction from substances of
8natural origin, or independently by means of chemical
9synthesis, or by a combination of extraction and chemical
10synthesis, and includes any packaging or repackaging of the
11substance or labeling of its container, except that this term
12does not include:
13        (1) by an ultimate user, the preparation or compounding
14    of a controlled substance for his or her own use; or
15        (2) by a practitioner, or his or her authorized agent
16    under his or her supervision, the preparation,
17    compounding, packaging, or labeling of a controlled
18    substance:
19            (a) as an incident to his or her administering or
20        dispensing of a controlled substance in the course of
21        his or her professional practice; or
22            (b) as an incident to lawful research, teaching or
23        chemical analysis and not for sale.
24    (z-1) (Blank).
25    (z-5) "Medication shopping" means the conduct prohibited
26under subsection (a) of Section 314.5 of this Act.



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1    (z-10) "Mid-level practitioner" means (i) a physician
2assistant who has been delegated authority to prescribe through
3a written delegation of authority by a physician licensed to
4practice medicine in all of its branches, in accordance with
5Section 7.5 of the Physician Assistant Practice Act of 1987,
6(ii) an advanced practice nurse who has been delegated
7authority to prescribe through a written delegation of
8authority by a physician licensed to practice medicine in all
9of its branches or by a podiatric physician, in accordance with
10Section 65-40 of the Nurse Practice Act, (iii) an animal
11euthanasia agency, or (iv) a prescribing psychologist.
12    (aa) "Narcotic drug" means any of the following, whether
13produced directly or indirectly by extraction from substances
14of vegetable origin, or independently by means of chemical
15synthesis, or by a combination of extraction and chemical
17        (1) opium, opiates, derivatives of opium and opiates,
18    including their isomers, esters, ethers, salts, and salts
19    of isomers, esters, and ethers, whenever the existence of
20    such isomers, esters, ethers, and salts is possible within
21    the specific chemical designation; however the term
22    "narcotic drug" does not include the isoquinoline
23    alkaloids of opium;
24        (2) (blank);
25        (3) opium poppy and poppy straw;
26        (4) coca leaves, except coca leaves and extracts of



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1    coca leaves from which substantially all of the cocaine and
2    ecgonine, and their isomers, derivatives and salts, have
3    been removed;
4        (5) cocaine, its salts, optical and geometric isomers,
5    and salts of isomers;
6        (6) ecgonine, its derivatives, their salts, isomers,
7    and salts of isomers;
8        (7) any compound, mixture, or preparation which
9    contains any quantity of any of the substances referred to
10    in subparagraphs (1) through (6).
11    (bb) "Nurse" means a registered nurse licensed under the
12Nurse Practice Act.
13    (cc) (Blank).
14    (dd) "Opiate" means any substance having an addiction
15forming or addiction sustaining liability similar to morphine
16or being capable of conversion into a drug having addiction
17forming or addiction sustaining liability.
18    (ee) "Opium poppy" means the plant of the species Papaver
19somniferum L., except its seeds.
20    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
21solution or other liquid form of medication intended for
22administration by mouth, but the term does not include a form
23of medication intended for buccal, sublingual, or transmucosal
25    (ff) "Parole and Pardon Board" means the Parole and Pardon
26Board of the State of Illinois or its successor agency.



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1    (gg) "Person" means any individual, corporation,
2mail-order pharmacy, government or governmental subdivision or
3agency, business trust, estate, trust, partnership or
4association, or any other entity.
5    (hh) "Pharmacist" means any person who holds a license or
6certificate of registration as a registered pharmacist, a local
7registered pharmacist or a registered assistant pharmacist
8under the Pharmacy Practice Act.
9    (ii) "Pharmacy" means any store, ship or other place in
10which pharmacy is authorized to be practiced under the Pharmacy
11Practice Act.
12    (ii-5) "Pharmacy shopping" means the conduct prohibited
13under subsection (b) of Section 314.5 of this Act.
14    (ii-10) "Physician" (except when the context otherwise
15requires) means a person licensed to practice medicine in all
16of its branches.
17    (jj) "Poppy straw" means all parts, except the seeds, of
18the opium poppy, after mowing.
19    (kk) "Practitioner" means a physician licensed to practice
20medicine in all its branches, dentist, optometrist, podiatric
21physician, veterinarian, scientific investigator, pharmacist,
22physician assistant, advanced practice nurse, licensed
23practical nurse, registered nurse, hospital, laboratory, or
24pharmacy, or other person licensed, registered, or otherwise
25lawfully permitted by the United States or this State to
26distribute, dispense, conduct research with respect to,



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1administer or use in teaching or chemical analysis, a
2controlled substance in the course of professional practice or
4    (ll) "Pre-printed prescription" means a written
5prescription upon which the designated drug has been indicated
6prior to the time of issuance; the term does not mean a written
7prescription that is individually generated by machine or
8computer in the prescriber's office.
9    (mm) "Prescriber" means a physician licensed to practice
10medicine in all its branches, dentist, optometrist,
11prescribing psychologist licensed under Section 4.2 of the
12Clinical Psychologist Licensing Act with prescriptive
13authority delegated under Section 4.3 of the Clinical
14Psychologist Licensing Act, podiatric physician, or
15veterinarian who issues a prescription, a physician assistant
16who issues a prescription for a controlled substance in
17accordance with Section 303.05, a written delegation, and a
18written supervision agreement required under Section 7.5 of the
19Physician Assistant Practice Act of 1987, or an advanced
20practice nurse with prescriptive authority delegated under
21Section 65-40 of the Nurse Practice Act and in accordance with
22Section 303.05, a written delegation, and a written
23collaborative agreement under Section 65-35 of the Nurse
24Practice Act.
25    (nn) "Prescription" means a written, facsimile, or oral
26order, or an electronic order that complies with applicable



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1federal requirements, of a physician licensed to practice
2medicine in all its branches, dentist, podiatric physician or
3veterinarian for any controlled substance, of an optometrist
4for a Schedule II, III, IV, or V controlled substance in
5accordance with Section 15.1 of the Illinois Optometric
6Practice Act of 1987, of a prescribing psychologist licensed
7under Section 4.2 of the Clinical Psychologist Licensing Act
8with prescriptive authority delegated under Section 4.3 of the
9Clinical Psychologist Licensing Act, of a physician assistant
10for a controlled substance in accordance with Section 303.05, a
11written delegation, and a written supervision agreement
12required under Section 7.5 of the Physician Assistant Practice
13Act of 1987, or of an advanced practice nurse with prescriptive
14authority delegated under Section 65-40 of the Nurse Practice
15Act who issues a prescription for a controlled substance in
16accordance with Section 303.05, a written delegation, and a
17written collaborative agreement under Section 65-35 of the
18Nurse Practice Act when required by law.
19    (nn-5) "Prescription Information Library" (PIL) means an
20electronic library that contains reported controlled substance
22    (nn-10) "Prescription Monitoring Program" (PMP) means the
23entity that collects, tracks, and stores reported data on
24controlled substances and select drugs pursuant to Section 316.
25    (oo) "Production" or "produce" means manufacture,
26planting, cultivating, growing, or harvesting of a controlled



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1substance other than methamphetamine.
2    (pp) "Registrant" means every person who is required to
3register under Section 302 of this Act.
4    (qq) "Registry number" means the number assigned to each
5person authorized to handle controlled substances under the
6laws of the United States and of this State.
7    (qq-5) "Secretary" means, as the context requires, either
8the Secretary of the Department or the Secretary of the
9Department of Financial and Professional Regulation, and the
10Secretary's designated agents.
11    (rr) "State" includes the State of Illinois and any state,
12district, commonwealth, territory, insular possession thereof,
13and any area subject to the legal authority of the United
14States of America.
15    (rr-5) "Stimulant" means any drug that (i) causes an
16overall excitation of central nervous system functions, (ii)
17causes impaired consciousness and awareness, and (iii) can be
18habit-forming or lead to a substance abuse problem, including
19but not limited to amphetamines and their analogs,
20methylphenidate and its analogs, cocaine, and phencyclidine
21and its analogs.
22    (rr-10) "Synthetic drug" includes, but is not limited to,
23any synthetic cannabinoids, piperazines, or cathinones,
24identified either by a specific chemical configuration or as
25belonging to a specific structural class, as provided for in
26the Schedules of Article II of this Act or designated as a



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1controlled substance by the Department through administrative
3    (ss) "Ultimate user" means a person who lawfully possesses
4a controlled substance for his or her own use or for the use of
5a member of his or her household or for administering to an
6animal owned by him or her or by a member of his or her
8(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668,
9eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14;
10revised 10-1-14.)
11    (720 ILCS 570/201.1 new)
12    Sec. 201.1. Department of Human Services; class schedules.
13    (a) The General Assembly recognizes the recent growth of
14synthetic drugs and the dangers they create. The General
15Assembly further recognizes that the chemical structure of
16synthetic drugs can be easily manipulated to avoid containing
17newly controlled substances. It is the intent of this
18amendatory Act of the 99th General Assembly to create a process
19by which synthetic drugs and their analogs may be scheduled as
20controlled substances based upon their underlying chemical
21structure in addition to their specific chemical
23    (b) The Department, by rule, may identify certain classes
24of synthetic drugs and schedule them according to the schedule
25of the controlled substance or substances they encompass.



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1    (c) To identify new chemical formulas and structural
2classes of synthetic drugs and their analogs, the Department
3may consult with the Department of State Police Division of
4Forensic Services, the United States Department of Justice Drug
5Enforcement Administration, the United States Office of
6National Drug Control Policy, the State Board of Pharmacy, the
7Office of the Attorney General, or with any other agency or
8group that may have pertinent information regarding synthetic
9drugs, their chemical structure, effects, or potential for
11    (d) In making the determination of whether to schedule a
12class of synthetic drugs, the Department shall consider:
13        (1) the structural similarity between the chemical
14    configuration of synthetic drugs and their analogs and
15    their ability to be classified based upon their shared
16    structure;
17        (2) the degree of danger or probable danger of the
18    chemical compounds that the class would encompass, as set
19    forth in subsection (a) of Section 201 of this Act;
20        (3) the substantial similarity between the synthetic
21    drugs encompassed by the proposed class and the controlled
22    substance or substances they mimic by comparing any or all
23    of the following:
24            (A) their chemical structure;
25            (B) their stimulant, depressant, or hallucinogenic
26        effect on the central nervous system;



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1            (C) the similarity of their effects on particular
2        receptors;
3            (D) the degree to which the proposed class of
4        substances mimics the pharmacological, physiological,
5        or psychological effect of a controlled substance; or
6            (E) the ability of manufacturers to circumvent
7        statutory criteria by merely manipulating the chemical
8        structure in endless variations with the
9        pharmacological effect remaining substantially
10        unchanged;
11        (4) the extent to which the substances at issue have a
12    demonstrated bona fide use;
13        (5) the extent to which the substances at issue are
14    implicitly intended for human consumption; and
15        (6) any misleading importation, manufacture,
16    distribution, labeling, or advertising of products
17    containing substances that would be included within the
18    proposed class.
19    (e) If any synthetic drug or class of synthetic drug is
20scheduled, rescheduled, or deleted as a controlled substance
21under federal law and notice of the scheduling, rescheduling,
22or deletion is given to the Department, the Department shall
23follow the procedure set forth in subsection (d) of Section 201
24of this Act.