SB0880 93rd General Assembly


                                     LRB093 07447 RLC 07612 b

 1        AN ACT in relation to hypodermic syringes and needles.

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

 4        Section 5.  The Drug Paraphernalia Control Act is amended
 5    by changing Sections 3.5 and 4 as follows:

 6        (720 ILCS 600/3.5)
 7        Sec. 3.5. Possession of drug paraphernalia.
 8        (a)  A  person  who  knowingly  possesses an item of drug
 9    paraphernalia  with  the  intent  to  use  it  in  ingesting,
10    inhaling, or otherwise introducing cannabis or  a  controlled
11    substance  into the human body, or in preparing cannabis or a
12    controlled substance for that use, is guilty  of  a  Class  A
13    misdemeanor  for  which the court shall impose a minimum fine
14    of $750 in addition to any other  penalty  prescribed  for  a
15    Class A misdemeanor.  This subsection (a) does not apply to a
16    person  who  is  legally  authorized  to  possess  hypodermic
17    syringes or needles under the Hypodermic Syringes and Needles
18    Act.
19        (b)  In  determining  intent  under  subsection  (a), the
20    trier of fact may take into consideration  the  proximity  of
21    the  cannabis  or controlled substances to drug paraphernalia
22    or the presence of cannabis or a controlled substance on  the
23    drug paraphernalia.
24    (Source: P.A. 88-677, eff. 12-15-94.)

25        (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
26        Sec. 4.  Exemptions.  This Act shall not apply to:
27        (a)  Items   marketed   for   use   in  the  preparation,
28    compounding, packaging, labeling, or other use of cannabis or
29    a controlled substance as an  incident  to  lawful  research,
30    teaching, or chemical analysis and not for sale.
                            -2-      LRB093 07447 RLC 07612 b
 1        (b)  Items  marketed for, or historically and customarily
 2    used  in  connection   with,   the   planting,   propagating,
 3    cultivating, growing, harvesting, manufacturing, compounding,
 4    converting,   producing,   processing,   preparing,  testing,
 5    analyzing,  packaging,  repackaging,   storing,   containing,
 6    concealing,  injecting,  ingesting, or inhaling of tobacco or
 7    any other lawful substance.
 8        Items exempt under this subsection include, but  are  not
 9    limited  to,  garden  hoes,  rakes, sickles, baggies, tobacco
10    pipes, and cigarette-rolling papers.
11        (c)  Items listed in Section 2  of  this  Act  which  are
12    marketed  for  decorative purposes, when such items have been
13    rendered completely inoperable or incapable of being used for
14    any illicit purpose prohibited by this Act.
15        (d)  A  person  who  is  legally  authorized  to  possess
16    hypodermic syringes or needles under the Hypodermic  Syringes
17    and Needles Act.
18        In determining whether or not a particular item is exempt
19    under  this subsection, the trier of fact should consider, in
20    addition  to  all  other  logically  relevant  factors,   the
21    following:
22             (1)  the  general,  usual, customary, and historical
23        use to which the item involved has been put;
24             (2)  expert  evidence  concerning  the  ordinary  or
25        customary  use  of  the  item  and  the  effect  of   any
26        peculiarity  in  the  design or engineering of the device
27        upon its functioning;
28             (3)  any  written  instructions   accompanying   the
29        delivery  of  the item concerning the purposes or uses to
30        which the item can or may be put;
31             (4)  any oral instructions provided by the seller of
32        the item at the time and  place  of  sale  or  commercial
33        delivery;
34             (5)  any  national  or  local advertising concerning
                            -3-      LRB093 07447 RLC 07612 b
 1        the design, purpose or use of the item involved, and  the
 2        entire context in which such advertising occurs;
 3             (6)  the  manner,  place  and circumstances in which
 4        the item was displayed for sale, as well as any  item  or
 5        items  displayed for sale or otherwise exhibited upon the
 6        premises where the sale was made;
 7             (7)  whether the owner or anyone in control  of  the
 8        object  is a legitimate supplier of like or related items
 9        to the community,  such  as  a  licensed  distributor  or
10        dealer of tobacco products;
11             (8)  the  existence and scope of legitimate uses for
12        the object in the community.
13    (Source: P.A. 91-357, eff. 7-29-99.)

14        Section 10.  The Hypodermic Syringes and Needles  Act  is
15    amended  by  changing  Sections  1,  2,  4,  and 5 and adding
16    Section 2.5 as follows:

17        (720 ILCS 635/1) (from Ch. 38, par. 22-50)
18        Sec. 1. Possession of hypodermic syringes and needles.
19        (a)  Except as provided in subsection (b), no person, not
20    being  a  physician,  dentist,  chiropodist  or  veterinarian
21    licensed under the laws of this State or of the  state  where
22    he   resides,  or  a  registered  professional  nurse,  or  a
23    registered embalmer,  manufacturer  or  dealer  in  embalming
24    supplies,   wholesale   druggist,  manufacturing  pharmacist,
25    registered pharmacist, manufacturer of surgical  instruments,
26    industrial user, official of any government having possession
27    of  the  articles  hereinafter  mentioned  by  reason  of his
28    official duties, nurse or  a  medical  laboratory  technician
29    acting  under  the  direction  of  a  physician  or  dentist,
30    employee   of  an  incorporated  hospital  acting  under  the
31    direction of  its  superintendent  or  officer  in  immediate
32    charge,   or   a   carrier   or   messenger  engaged  in  the
                            -4-      LRB093 07447 RLC 07612 b
 1    transportation of such articles, or the holder  of  a  permit
 2    issued  under  Section  5 of this Act, or a farmer engaged in
 3    the use of such instruments on livestock, or a person engaged
 4    in chemical, clinical,  pharmaceutical  or  other  scientific
 5    research,  shall have in his possession a hypodermic syringe,
 6    hypodermic needle, or any instrument adapted for the  use  of
 7    controlled substances or cannabis by subcutaneous injection.
 8        (b)  A  person  who  is  at  least  18  years  of age may
 9    purchase from a pharmacy and have in his or her possession up
10    to 20 hypodermic syringes or needles.
11    (Source: P.A. 77-771.)

12        (720 ILCS 635/2) (from Ch. 38, par. 22-51)
13        Sec. 2. Sale of hypodermic syringes and needles.
14        (a)  Except  as  provided  in  subsection  (b),  no  such
15    syringe, needle or instrument shall be delivered or sold  to,
16    or exchanged with, any person except a registered pharmacist,
17    physician,   dentist,   veterinarian,   registered  embalmer,
18    manufacturer  or  dealer  in  embalming  supplies,  wholesale
19    druggist, manufacturing pharmacist, industrial user, a  nurse
20    upon  the written order of a physician or dentist, the holder
21    of a permit issued under Section 5 of this Act, a  registered
22    chiropodist,  or an employee of an incorporated hospital upon
23    the  written  order  of  its  superintendent  or  officer  in
24    immediate charge; provided that the provisions  of  this  Act
25    shall  not prohibit the sale, possession or use of hypodermic
26    syringes or hypodermic needles for treatment of livestock  or
27    poultry by the owner or keeper thereof or a person engaged in
28    chemical,   clinical,   pharmaceutical  or  other  scientific
29    research.
30        (b)  A pharmacist may sell up to  20  sterile  hypodermic
31    syringes  or  needles to a person who is at least 18 years of
32    age. A syringe or needle sold under this subsection (b)  must
33    be stored at a pharmacy and in a manner that limits access to
                            -5-      LRB093 07447 RLC 07612 b
 1    the  syringes  or  needles  to  pharmacists  employed  at the
 2    pharmacy and any persons designated by  the  pharmacists.   A
 3    syringe  or  needle  sold at a pharmacy under this subsection
 4    (b) may be sold only from  the  pharmacy  department  of  the
 5    pharmacy.
 6    (Source: Laws 1955, p. 1408.)

 7        (720 ILCS 635/2.5 new)
 8        Sec. 2.5. Educational materials; guidelines for disposal.
 9        (a)  The   Illinois  Department  of  Public  Health  must
10    develop  educational  materials  and  make  copies   of   the
11    educational  materials available to pharmacists.  Pharmacists
12    must make these educational materials  available  to  persons
13    who   purchase  syringes  and  needles  as  authorized  under
14    subsection (b) of Section 1.  The educational materials  must
15    include    information   regarding   safer   injection,   HIV
16    prevention, syringe and needle disposal, and drug treatment.
17        (b)  The Illinois Department of Public Health must create
18    guidelines to advise local health departments on implementing
19    syringe and needle disposal policies that are consistent with
20    or more stringent than  any  available  guidelines  regarding
21    disposal for home health care products provided by the United
22    States Environmental Protection Agency.

23        (720 ILCS 635/4) (from Ch. 38, par. 22-53)
24        Sec.  4.  Penalty.  A  person  who  Whoever  violates any
25    provision provisions of Section Sections 1 or, 2,  and  3  of
26    this  Act is shall be guilty of a Class A misdemeanor for the
27    first such offense; and a Class 4 felony for a second or  any
28    succeeding offense, he shall be guilty of a Class 4 felony.
29    (Source: P.A. 77-2830.)

30        (720 ILCS 635/5) (from Ch. 38, par. 22-54)
31        Sec. 5.  Prescriptions.
                            -6-      LRB093 07447 RLC 07612 b
 1        Except  as provided under Section 2, a licensed physician
 2    may direct a patient under his immediate charge  to  have  in
 3    possession any of the instruments specified in Sections 1 and
 4    2  which  may  be  dispensed  by  a  registered pharmacist or
 5    assistant registered pharmacist in this state only (1) upon a
 6    written prescription of such physician, or (2) upon  an  oral
 7    order  of  such physician, which order is reduced promptly to
 8    writing and filed by the pharmacist, or (3) by refilling  any
 9    such  written  or  oral  prescription  if  such  refilling is
10    authorized  by  the  prescriber  either   in   the   original
11    prescription  or  by  oral order which is reduced promptly to
12    writing and filed by the pharmacist in the  same  manner  and
13    under the same conditions as any other prescription issued by
14    a practitioner licensed by law to write prescriptions, or (4)
15    upon  a  signed  statement  of  a  the  patient,  upon proper
16    identification, stating that the prescriptions or instruments
17    specified in Sections 1 and 2 were lost  or  broken,  as  the
18    case may be, the name and address of the prescriber, the name
19    and  address  of  the  patient  and the purpose for which the
20    prescription  was  ordered;  provided,  however,   that   the
21    registered  pharmacists  or  assistant registered pharmacists
22    who deliver or sell any instruments specified in  Sections  1
23    and  2  shall send a copy of such affidavit to the Department
24    of State Police by the 15th of the month following the  month
25    in  which  such  instruments  were  delivered  or  sold. Such
26    written or oral prescriptions when  reduced  to  writing  for
27    instruments  specified  in Sections 1 and 2 shall contain the
28    date of such  prescription,  the  name  and  address  of  the
29    prescriber,  the name and address of the patient, the purpose
30    for  which  the  prescription  is  ordered,  the  date   when
31    dispensed and by whom dispensed.
32        Provided,  however,  that  a  licensed physician or other
33    allied medical practitioner, authorized by the  laws  of  the
34    State  of  Illinois  to  prescribe  or  administer controlled
                            -7-      LRB093 07447 RLC 07612 b
 1    substances or cannabis to humans or  animals,  may  authorize
 2    any  person  or the owner of any animal, to purchase and have
 3    in  his  possession  any  of  the  instruments  specified  in
 4    Sections 1 and 2, which may be sold to him without a specific
 5    written  or  oral  prescription  or  order,  by  any   person
 6    authorized  by  the laws of the State of Illinois to sell and
 7    dispense  controlled  substances   or   cannabis,   if   such
 8    authorization is in the form of a certificate giving the name
 9    and  address  of  such  licensed  physician  or  other allied
10    medical practitioner, the name, address and signature of  the
11    person,  or  of  the  owner of the animal, so authorized, the
12    purpose or reason of such authorization, and the date of such
13    certificate and in that event, no other prescription, writing
14    or record shall be required to authorize  the  possession  or
15    sale of such instruments.
16    (Source: P.A. 84-25.)

17        (720 ILCS 635/3 rep.)
18        Section  15.  The  Hypodermic Syringes and Needles Act is
19    amended by repealing Section 3.

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.