Full Text of HB5542 94th General Assembly
HB5542ham001 94TH GENERAL ASSEMBLY
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Rep. David E. Miller
Filed: 2/28/2006
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09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
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| AMENDMENT TO HOUSE BILL 5542
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| AMENDMENT NO. ______. Amend House Bill 5542 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Controlled Substances Act is | 5 |
| amended by changing Sections 102, 201, 202, 214, 301, 302, 303, | 6 |
| 303.05, 303.1, 304, 305, 306, 309, 312, 313, 316, 317, 318, | 7 |
| 319, 320, 405, 405.1, 410, 501, 501.1, and 507 as follows: | 8 |
| (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 9 |
| Sec. 102. Definitions. As used in this Act, unless the | 10 |
| context
otherwise requires:
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| (a) "Addict" means any person who habitually uses any drug, | 12 |
| chemical,
substance or dangerous drug other than alcohol so as | 13 |
| to endanger the public
morals, health, safety or welfare or who | 14 |
| is so far addicted to the use of a
dangerous drug or controlled | 15 |
| substance other than alcohol as to have lost
the power of self | 16 |
| control with reference to his addiction.
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| (b) "Administer" means the direct application of a | 18 |
| controlled
substance, whether by injection, inhalation, | 19 |
| ingestion, or any other
means, to the body of a patient, | 20 |
| research subject, or animal (as
defined by the Humane | 21 |
| Euthanasia in Animal Shelters Act) by:
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| (1) a practitioner (or, in his presence, by his | 23 |
| authorized agent),
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| (2) the patient or research subject at the lawful |
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| direction of the
practitioner, or
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| (3) a euthanasia technician as defined by the Humane | 3 |
| Euthanasia in
Animal Shelters Act.
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| (c) "Agent" means an authorized person who acts on behalf | 5 |
| of or at
the direction of a manufacturer, distributor, or | 6 |
| dispenser. It does not
include a common or contract carrier, | 7 |
| public warehouseman or employee of
the carrier or warehouseman.
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| (c-1) "Anabolic Steroids" means any drug or hormonal | 9 |
| substance,
chemically and pharmacologically related to | 10 |
| testosterone (other than
estrogens, progestins, and | 11 |
| corticosteroids) that promotes muscle growth,
and includes:
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| (i) boldenone,
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| (ii) chlorotestosterone,
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| (iii) chostebol,
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| (iv) dehydrochlormethyltestosterone,
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| (v) dihydrotestosterone,
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| (vi) drostanolone,
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| (vii) ethylestrenol,
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| (viii) fluoxymesterone,
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| (ix) formebulone,
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| (x) mesterolone,
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| (xi) methandienone,
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| (xii) methandranone,
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| (xiii) methandriol,
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| (xiv) methandrostenolone,
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| (xv) methenolone,
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| (xvi) methyltestosterone,
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| (xvii) mibolerone,
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| (xviii) nandrolone,
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| (xix) norethandrolone,
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| (xx) oxandrolone,
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| (xxi) oxymesterone,
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| (xxii) oxymetholone,
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| (xxiii) stanolone,
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| (xxiv) stanozolol,
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| (xxv) testolactone,
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| (xxvi) testosterone,
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| (xxvii) trenbolone, and
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| (xxviii) any salt, ester, or isomer of a drug or | 6 |
| substance described
or listed in this paragraph, if | 7 |
| that salt, ester, or isomer promotes muscle
growth.
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| Any person who is otherwise lawfully in possession of an | 9 |
| anabolic
steroid, or who otherwise lawfully manufactures, | 10 |
| distributes, dispenses,
delivers, or possesses with intent to | 11 |
| deliver an anabolic steroid, which
anabolic steroid is | 12 |
| expressly intended for and lawfully allowed to be
administered | 13 |
| through implants to livestock or other nonhuman species, and
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| which is approved by the Secretary of Health and Human Services | 15 |
| for such
administration, and which the person intends to | 16 |
| administer or have
administered through such implants, shall | 17 |
| not be considered to be in
unauthorized possession or to | 18 |
| unlawfully manufacture, distribute, dispense,
deliver, or | 19 |
| possess with intent to deliver such anabolic steroid for
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| purposes of this Act.
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| (d) "Administration" means the Drug Enforcement | 22 |
| Administration,
United States Department of Justice, or its | 23 |
| successor agency.
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| (e) "Control" means to add a drug or other substance, or | 25 |
| immediate
precursor, to a Schedule under Article II of this Act | 26 |
| whether by
transfer from another Schedule or otherwise.
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| (f) "Controlled Substance" means a drug, substance, or | 28 |
| immediate
precursor in the Schedules of Article II of this Act.
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| (g) "Counterfeit substance" means a controlled substance, | 30 |
| which, or
the container or labeling of which, without | 31 |
| authorization bears the
trademark, trade name, or other | 32 |
| identifying mark, imprint, number or
device, or any likeness | 33 |
| thereof, of a manufacturer, distributor, or
dispenser other | 34 |
| than the person who in fact manufactured, distributed,
or |
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| dispensed the substance.
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| (h) "Deliver" or "delivery" means the actual, constructive | 3 |
| or
attempted transfer of possession of a controlled substance, | 4 |
| with or
without consideration, whether or not there is an | 5 |
| agency relationship.
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| (i) "Department" means the Illinois Department of Human | 7 |
| Services (as
successor to the Department of Alcoholism and | 8 |
| Substance Abuse) or its successor agency.
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| (j) "Department of State Police" means the Department of | 10 |
| State
Police of the State of Illinois or its successor agency.
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| (k) "Department of Corrections" means the Department of | 12 |
| Corrections
of the State of Illinois or its successor agency.
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| (l) "Department of Financial and Professional Regulation" | 14 |
| means the Department
of Financial and Professional Regulation | 15 |
| of the State of Illinois or its successor agency.
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| (m) "Depressant" or "stimulant substance" means:
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| (1) a drug which contains any quantity of (i) | 18 |
| barbituric acid or
any of the salts of barbituric acid | 19 |
| which has been designated as habit
forming under section | 20 |
| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | 21 |
| U.S.C. 352 (d)); or
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| (2) a drug which contains any quantity of (i) | 23 |
| amphetamine or
methamphetamine and any of their optical | 24 |
| isomers; (ii) any salt of
amphetamine or methamphetamine or | 25 |
| any salt of an optical isomer of
amphetamine; or (iii) any | 26 |
| substance which the Department, after
investigation, has | 27 |
| found to be, and by rule designated as, habit forming
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| because of its depressant or stimulant effect on the | 29 |
| central nervous
system; or
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| (3) lysergic acid diethylamide; or
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| (4) any drug which contains any quantity of a substance | 32 |
| which the
Department, after investigation, has found to | 33 |
| have, and by rule
designated as having, a potential for | 34 |
| abuse because of its depressant or
stimulant effect on the |
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| central nervous system or its hallucinogenic
effect.
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| (n) (Blank).
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| (o) "Director" means the Director of the Department of | 4 |
| State Police or
the Department of Professional Regulation or | 5 |
| his or her designated agents.
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| (p) "Dispense" means to deliver a controlled substance to | 7 |
| an
ultimate user or research subject by or pursuant to the | 8 |
| lawful order of
a prescriber, including the prescribing, | 9 |
| administering, packaging,
labeling, or compounding necessary | 10 |
| to prepare the substance for that
delivery.
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| (q) "Dispenser" means a practitioner who dispenses.
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| (r) "Distribute" means to deliver, other than by | 13 |
| administering or
dispensing, a controlled substance.
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| (s) "Distributor" means a person who distributes.
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| (t) "Drug" means (1) substances recognized as drugs in the | 16 |
| official
United States Pharmacopoeia, Official Homeopathic | 17 |
| Pharmacopoeia of the
United States, or official National | 18 |
| Formulary, or any supplement to any
of them; (2) substances | 19 |
| intended for use in diagnosis, cure, mitigation,
treatment, or | 20 |
| prevention of disease in man or animals; (3) substances
(other | 21 |
| than food) intended to affect the structure of any function of
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| the body of man or animals and (4) substances intended for use | 23 |
| as a
component of any article specified in clause (1), (2), or | 24 |
| (3) of this
subsection. It does not include devices or their | 25 |
| components, parts, or
accessories.
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| (t-1) "Drug Schedule" means the classification system | 27 |
| established by the federal Food and Drug Administration and the | 28 |
| federal Drug Enforcement Administration and Illinois under | 29 |
| this Act.
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| (t-5) "Euthanasia agency" means
an entity certified by the | 31 |
| Department of Professional Regulation for the
purpose of animal | 32 |
| euthanasia that holds an animal control facility license or
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| animal
shelter license under the Animal Welfare Act. A | 34 |
| euthanasia agency is
authorized to purchase, store, possess, |
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| and utilize Schedule II nonnarcotic and
Schedule III | 2 |
| nonnarcotic drugs for the sole purpose of animal euthanasia.
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| (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 4 |
| substances
(nonnarcotic controlled substances) that are used | 5 |
| by a euthanasia agency for
the purpose of animal euthanasia.
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| (u) "Good faith" means the prescribing or dispensing of a | 7 |
| controlled
substance by a practitioner in the regular course of | 8 |
| professional
treatment to or for any person who is under his | 9 |
| treatment for a
pathology or condition other than that | 10 |
| individual's physical or
psychological dependence upon or | 11 |
| addiction to a controlled substance,
except as provided herein: | 12 |
| and application of the term to a pharmacist
shall mean the | 13 |
| dispensing of a controlled substance pursuant to the
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| prescriber's order which in the professional judgment of the | 15 |
| pharmacist
is lawful. The pharmacist shall be guided by | 16 |
| accepted professional
standards including, but not limited to | 17 |
| the following, in making the
judgment:
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| (1) lack of consistency of doctor-patient | 19 |
| relationship,
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| (2) frequency of prescriptions for same drug by one | 21 |
| prescriber for
large numbers of patients,
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| (3) quantities beyond those normally prescribed,
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| (4) unusual dosages,
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| (5) unusual geographic distances between patient, | 25 |
| pharmacist and
prescriber,
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| (6) consistent prescribing of habit-forming drugs.
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| (u-1) "Home infusion services" means services provided by a | 28 |
| pharmacy in
compounding solutions for direct administration to | 29 |
| a patient in a private
residence, long-term care facility, or | 30 |
| hospice setting by means of parenteral,
intravenous, | 31 |
| intramuscular, subcutaneous, or intraspinal infusion.
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| (v) "Immediate precursor" means a substance:
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| (1) which the Department has found to be and by rule | 34 |
| designated as
being a principal compound used, or produced |
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| primarily for use, in the
manufacture of a controlled | 2 |
| substance;
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| (2) which is an immediate chemical intermediary used or | 4 |
| likely to
be used in the manufacture of such controlled | 5 |
| substance; and
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| (3) the control of which is necessary to prevent, | 7 |
| curtail or limit
the manufacture of such controlled | 8 |
| substance.
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| (w) "Instructional activities" means the acts of teaching, | 10 |
| educating
or instructing by practitioners using controlled | 11 |
| substances within
educational facilities approved by the State | 12 |
| Board of Education or
its successor agency.
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| (x) "Local authorities" means a duly organized State, | 14 |
| County or
Municipal peace unit or police force.
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| (y) "Look-alike substance" means a substance, other than a | 16 |
| controlled
substance which (1) by overall dosage unit | 17 |
| appearance, including shape,
color, size, markings or lack | 18 |
| thereof, taste, consistency, or any other
identifying physical | 19 |
| characteristic of the substance, would lead a reasonable
person | 20 |
| to believe that the substance is a controlled substance, or (2) | 21 |
| is
expressly or impliedly represented to be a controlled | 22 |
| substance or is
distributed under circumstances which would | 23 |
| lead a reasonable person to
believe that the substance is a | 24 |
| controlled substance. For the purpose of
determining whether | 25 |
| the representations made or the circumstances of the
| 26 |
| distribution would lead a reasonable person to believe the | 27 |
| substance to be
a controlled substance under this clause (2) of | 28 |
| subsection (y), the court or
other authority may consider the | 29 |
| following factors in addition to any other
factor that may be | 30 |
| relevant:
| 31 |
| (a) statements made by the owner or person in control | 32 |
| of the substance
concerning its nature, use or effect;
| 33 |
| (b) statements made to the buyer or recipient that the | 34 |
| substance may
be resold for profit;
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| (c) whether the substance is packaged in a manner | 2 |
| normally used for the
illegal distribution of controlled | 3 |
| substances;
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| (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
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| reasonable retail market value of the substance.
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| Clause (1) of this subsection (y) shall not apply to a | 10 |
| noncontrolled
substance in its finished dosage form that was | 11 |
| initially introduced into
commerce prior to the initial | 12 |
| introduction into commerce of a controlled
substance in its | 13 |
| finished dosage form which it may substantially resemble.
| 14 |
| Nothing in this subsection (y) prohibits the dispensing or | 15 |
| distributing
of noncontrolled substances by persons authorized | 16 |
| to dispense and
distribute controlled substances under this | 17 |
| Act, provided that such action
would be deemed to be carried | 18 |
| out in good faith under subsection (u) if the
substances | 19 |
| involved were controlled substances.
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| Nothing in this subsection (y) or in this Act prohibits the | 21 |
| manufacture,
preparation, propagation, compounding, | 22 |
| processing, packaging, advertising
or distribution of a drug or | 23 |
| drugs by any person registered pursuant to
Section 510 of the | 24 |
| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
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| (y-1) "Mail-order pharmacy" means a pharmacy that is | 26 |
| located in a state
of the United States, other than Illinois, | 27 |
| that delivers, dispenses or
distributes, through the United | 28 |
| States Postal Service or other common
carrier, to Illinois | 29 |
| residents, any substance which requires a prescription.
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| (z) "Manufacture" means the production, preparation, | 31 |
| propagation,
compounding, conversion or processing of a | 32 |
| controlled substance other than methamphetamine, either
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| directly or indirectly, by extraction from substances of | 34 |
| natural origin,
or independently by means of chemical |
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| synthesis, or by a combination of
extraction and chemical | 2 |
| synthesis, and includes any packaging or
repackaging of the | 3 |
| substance or labeling of its container, except that
this term | 4 |
| does not include:
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| (1) by an ultimate user, the preparation or compounding | 6 |
| of a
controlled substance for his own use; or
| 7 |
| (2) by a practitioner, or his authorized agent under | 8 |
| his
supervision, the preparation, compounding, packaging, | 9 |
| or labeling of a
controlled substance:
| 10 |
| (a) as an incident to his administering or | 11 |
| dispensing of a
controlled substance in the course of | 12 |
| his professional practice; or
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| (b) as an incident to lawful research, teaching or | 14 |
| chemical
analysis and not for sale.
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| (z-1) (Blank).
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| (aa) "Narcotic drug" means any of the following, whether | 17 |
| produced
directly or indirectly by extraction from substances | 18 |
| of natural origin,
or independently by means of chemical | 19 |
| synthesis, or by a combination of
extraction and chemical | 20 |
| synthesis:
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| (1) opium and opiate, and any salt, compound, | 22 |
| derivative, or
preparation of opium or opiate;
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| (2) any salt, compound, isomer, derivative, or | 24 |
| preparation thereof
which is chemically equivalent or | 25 |
| identical with any of the substances
referred to in clause | 26 |
| (1), but not including the isoquinoline alkaloids
of opium;
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| (3) opium poppy and poppy straw;
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| (4) coca leaves and any salts, compound, isomer, salt | 29 |
| of an isomer,
derivative, or preparation of coca leaves | 30 |
| including cocaine or ecgonine,
and any salt, compound, | 31 |
| isomer, derivative, or preparation thereof which is
| 32 |
| chemically equivalent or identical with any of these | 33 |
| substances, but not
including decocainized coca leaves or | 34 |
| extractions of coca leaves which do
not contain cocaine or |
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| ecgonine (for the purpose of this paragraph, the
term | 2 |
| "isomer" includes optical, positional and geometric | 3 |
| isomers).
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| (bb) "Nurse" means a registered nurse licensed under the
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| Nursing and Advanced Practice Nursing Act.
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| (cc) (Blank).
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| (dd) "Opiate" means any substance having an addiction | 8 |
| forming or
addiction sustaining liability similar to morphine | 9 |
| or being capable of
conversion into a drug having addiction | 10 |
| forming or addiction sustaining
liability.
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| (ee) "Opium poppy" means the plant of the species Papaver
| 12 |
| somniferum L., except its seeds.
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| (ff) "Parole and Pardon Board" means the Parole and Pardon | 14 |
| Board of
the State of Illinois or its successor agency.
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| (gg) "Person" means any individual, corporation, | 16 |
| mail-order pharmacy,
government or governmental subdivision or | 17 |
| agency, business trust, estate,
trust, partnership or | 18 |
| association, or any other entity.
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| (hh) "Pharmacist" means any person who holds a certificate | 20 |
| of
registration as a registered pharmacist, a local registered | 21 |
| pharmacist
or a registered assistant pharmacist under the | 22 |
| Pharmacy Practice Act of 1987.
| 23 |
| (ii) "Pharmacy" means any store, ship or other place in | 24 |
| which
pharmacy is authorized to be practiced under the Pharmacy | 25 |
| Practice Act of 1987.
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| (jj) "Poppy straw" means all parts, except the seeds, of | 27 |
| the opium
poppy, after mowing.
| 28 |
| (kk) "Practitioner" means a physician licensed to practice | 29 |
| medicine in all
its branches, dentist, podiatrist,
| 30 |
| veterinarian, scientific investigator, pharmacist, physician | 31 |
| assistant,
advanced practice nurse,
licensed practical
nurse, | 32 |
| registered nurse, hospital, laboratory, or pharmacy, or other
| 33 |
| person licensed, registered, or otherwise lawfully permitted | 34 |
| by the
United States or this State to distribute, dispense, |
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| conduct research
with respect to, administer or use in teaching | 2 |
| or chemical analysis, a
controlled substance in the course of | 3 |
| professional practice or research.
| 4 |
| (ll) "Pre-printed prescription" means a written | 5 |
| prescription upon which
the designated drug has been indicated | 6 |
| prior to the time of issuance and does not mean a written | 7 |
| prescription which is computer generated individually in the | 8 |
| prescriber's office .
| 9 |
| (mm) "Prescriber" means a physician licensed to practice | 10 |
| medicine in all
its branches, dentist, podiatrist or
| 11 |
| veterinarian who issues a prescription, a physician assistant | 12 |
| who
issues a
prescription for a Schedule III, IV, or V | 13 |
| controlled substance
in accordance
with Section 303.05 and the | 14 |
| written guidelines required under Section 7.5
of the
Physician | 15 |
| Assistant Practice Act of 1987, or an advanced practice
nurse | 16 |
| with prescriptive authority in accordance with Section 303.05
| 17 |
| and a written
collaborative agreement under Sections 15-15 and | 18 |
| 15-20 of
the Nursing and Advanced Practice Nursing Act.
| 19 |
| (nn) "Prescription" means a lawful written, computer | 20 |
| generated, facsimile, or verbal order (1)
of
a physician | 21 |
| licensed to practice medicine in all its branches,
dentist, | 22 |
| podiatrist or veterinarian for any controlled
substance, or (2) | 23 |
| of a physician assistant for a Schedule III, IV, or V
| 24 |
| controlled substance
in accordance with Section 303.05 and the | 25 |
| written guidelines required under
Section 7.5 of the
Physician | 26 |
| Assistant Practice Act of 1987, or of an advanced practice
| 27 |
| nurse who issues a prescription for a Schedule III, IV, or V
| 28 |
| controlled substance in accordance
with
Section 303.05 and a | 29 |
| written collaborative agreement under Sections 15-15
and
15-20 | 30 |
| of the Nursing and Advanced Practice Nursing Act.
Computer | 31 |
| generated or created orders or prescriptions must be signed and | 32 |
| dated at the time of issuance unless electronic signatures are | 33 |
| authorized by federal law for controlled substances.
| 34 |
| (oo) "Production" or "produce" means manufacture, |
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| planting,
cultivating, growing, or harvesting of a controlled | 2 |
| substance other than methamphetamine.
| 3 |
| (pp) "Registrant" means every person who is required to | 4 |
| register
under Section 302 of this Act.
| 5 |
| (qq) "Registry number" means the number assigned to each | 6 |
| person
authorized to handle controlled substances under the | 7 |
| laws of the United
States and of this State.
| 8 |
| (rr) "Secretary" means the Secretary of the Department | 9 |
| Financial and Professional Regulation or the Department of | 10 |
| Human Services or his or her designated agents.
| 11 |
| (ss)
(rr) "State" includes the State of Illinois and any | 12 |
| state, district,
commonwealth, territory, insular possession | 13 |
| thereof, and any area
subject to the legal authority of the | 14 |
| United States of America.
| 15 |
| (tt)
(ss) "Ultimate user" means a person who lawfully | 16 |
| possesses a
controlled substance for his own use or for the use | 17 |
| of a member of his
household or for administering to an animal | 18 |
| owned by him or her or by a member
of his or her household.
| 19 |
| (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; | 20 |
| 94-556, eff. 9-11-05.)
| 21 |
| (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
| 22 |
| Sec. 201. (a) The Department shall carry out the provisions | 23 |
| of
this Article. The Department or its successor agency
may add | 24 |
| substances
to
or delete or reschedule all controlled substances | 25 |
| in the Schedules of
Sections 204, 206, 208, 210 and 212 of this | 26 |
| Act by administrative rule . In making a determination
regarding | 27 |
| the
addition,
deletion, or rescheduling of a substance, the | 28 |
| Department
shall consider
the following:
| 29 |
| (1) the actual or relative potential for abuse;
| 30 |
| (2) the scientific evidence of its pharmacological | 31 |
| effect, if known;
| 32 |
| (3) the state of current scientific knowledge | 33 |
| regarding the
substance;
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| (4) the history and current pattern of abuse;
| 2 |
| (5) the scope, duration, and significance of abuse;
| 3 |
| (6) the risk to the public health;
| 4 |
| (7) the potential of the substance to produce | 5 |
| psychological or
physiological dependence;
| 6 |
| (8) whether the substance is an immediate precursor of | 7 |
| a substance
already controlled under this Article;
| 8 |
| (9) the immediate harmful effect in terms of | 9 |
| potentially fatal
dosage; and
| 10 |
| (10) the long-range effects in terms of permanent | 11 |
| health impairment.
| 12 |
| (b) (Blank).
| 13 |
| (c) (Blank).
| 14 |
| (d) If any substance is scheduled, rescheduled, or
deleted | 15 |
| as a
controlled substance under Federal law and notice thereof | 16 |
| is given to
the Department, the Department shall
similarly | 17 |
| control the substance
under this Act after the expiration of 30 | 18 |
| days from publication in the
Federal Register of a final order | 19 |
| scheduling a substance as
a
controlled substance or | 20 |
| rescheduling or deleting a substance, unless
within that 30 day | 21 |
| period the Department
objects, or
a party adversely
affected | 22 |
| files with the Department substantial written objections
| 23 |
| objecting to inclusion, rescheduling, or deletion. In that | 24 |
| case, the
Department shall publish the reasons for objection or | 25 |
| the substantial
written objections and afford all interested | 26 |
| parties an opportunity to
be heard. At the conclusion of the | 27 |
| hearing, the Department shall
publish its decision, by means of | 28 |
| a rule, which shall be final unless
altered by statute. Upon | 29 |
| publication of objections by the Department, similar control
| 30 |
| under this Act whether by inclusion, rescheduling or deletion | 31 |
| is stayed
until the Department publishes its ruling.
| 32 |
| (e)
The Department shall by rule exclude any non-narcotic
| 33 |
| substances
from a schedule if such substance may, under the | 34 |
| Federal Food, Drug, and
Cosmetic Act, be lawfully sold over the |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
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| 1 |
| counter without a prescription.
| 2 |
| (f)
Dextromethorphan shall not be deemed to be included in | 3 |
| any
schedule by reason of enactment of this title unless | 4 |
| controlled after
the date of such enactment pursuant to the | 5 |
| foregoing provisions of this
section.
| 6 |
| (g) Authority to control under this section does not extend | 7 |
| to
distilled spirits, wine, malt beverages, or tobacco as those | 8 |
| terms are
defined or used in the Liquor Control Act and the | 9 |
| Tobacco Products Tax
Act.
| 10 |
| (Source: P.A. 91-714, eff. 6-2-00.)
| 11 |
| (720 ILCS 570/202) (from Ch. 56 1/2, par. 1202)
| 12 |
| Sec. 202. Schedules.
| 13 |
| (a) The scheduled controlled substances shall be those
| 14 |
| listed
or to be listed in the schedules in Sections
sections | 15 |
| 204, 206, 208, 210 and 212 and by administrative rule and are | 16 |
| included by whatever official,
common, usual, chemical, or | 17 |
| trade name designated.
| 18 |
| (b) A Prescription Drug Advisory Committee shall be formed | 19 |
| in order to:
| 20 |
| (1) provide a uniform approach to review the Illinois | 21 |
| Controlled Substances Act in order to determine if changes | 22 |
| should be recommended to the General Assembly. | 23 |
| (2) review current drug schedules in order to manage | 24 |
| changes to the administrative rules pertaining to the | 25 |
| utilization of this Act. | 26 |
| (c) The Advisory Committee shall consist of:
| 27 |
| (1) A representative from the Illinois Department of | 28 |
| Human Services, Bureau of Pharmacy and Clinical Support | 29 |
| Services or its successor. | 30 |
| (2) A representative from the Illinois Department of | 31 |
| Human Services, Division of Alcoholism and Substance | 32 |
| Abuse.
| 33 |
| (3) A representative from the Illinois Department of |
|
|
|
09400HB5542ham001 |
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| 1 |
| Financial and Professional Regulation Division of | 2 |
| Professional Regulation.
| 3 |
| (4) A representative from the Illinois Hospice and | 4 |
| Palliative Care Organization.
| 5 |
| (5) A representative from the Illinois Academy of | 6 |
| Family Physicians.
| 7 |
| (6) A representative from the Illinois State Medical | 8 |
| Society.
| 9 |
| (7) A representative from the Illinois State Dental | 10 |
| Society.
| 11 |
| (8) A representative from the Illinois Osteopathic | 12 |
| Medical Society.
| 13 |
| (9) A representative from the Illinois Pharmacists | 14 |
| Association.
| 15 |
| (10) A representative from the Illinois Psychiatric | 16 |
| Society.
| 17 |
| (11) A representative from the Illinois Society of | 18 |
| Anesthesiologists.
| 19 |
| (d) The Secretary of the Department of Human Services shall | 20 |
| designate the chairperson of the Advisory Committee. The | 21 |
| Advisory Committee may appoint its other officers as it deems | 22 |
| appropriate. | 23 |
| (e) The members shall receive no compensation for the their | 24 |
| services as members of the Advisory Committee, but may be | 25 |
| reimbursed for reasonable travel expenses from the | 26 |
| Prescription Monitoring Program budget line.
| 27 |
| (Source: P.A. 77-757.)
| 28 |
| (720 ILCS 570/214) (from Ch. 56 1/2, par. 1214)
| 29 |
| Sec. 214. Excluded Substances.
| 30 |
| (a) Products containing an anabolic steroid, that are | 31 |
| expressly intended
for administration
through implants to | 32 |
| cattle or other nonhuman species and that have been
approved by | 33 |
| the U.S.
Secretary of Health and Human Services for that |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
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| 1 |
| administration, and that are
excluded
from all schedules
under | 2 |
| Section 102(41)(B)(1) of the federal Controlled Substances Act | 3 |
| (21 U.S.C.
802(41)(B)(1)) are also excluded from Sections 207 | 4 |
| and 208 of this Act.
| 5 |
| (b) The non-narcotic substances excluded from all | 6 |
| schedules of
the Federal Controlled Substances Act (21 U.S.C. | 7 |
| 801 et seq.)
pursuant to Section 1308.22 of the Code of Federal
| 8 |
| Regulations (21 C.F.R. 1308.22), are excluded from all | 9 |
| schedules of this
Act.
| 10 |
| (Source: P.A. 91-714, eff. 6-2-00.)
| 11 |
| (720 ILCS 570/301) (from Ch. 56 1/2, par. 1301)
| 12 |
| Sec. 301. The Department of Financial and Professional | 13 |
| Regulation shall promulgate
rules and charge reasonable fees | 14 |
| and fines relating to the registration and
control of the | 15 |
| manufacture, distribution, and dispensing of controlled
| 16 |
| substances within this State. All moneys received by the | 17 |
| Department of Financial and
Professional Regulation under this | 18 |
| Act shall be deposited into the respective
professional | 19 |
| dedicated funds in like manner as the primary professional
| 20 |
| licenses.
| 21 |
| (Source: P.A. 89-204, eff. 1-1-96.)
| 22 |
| (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
| 23 |
| Sec. 302. (a) Every person who manufactures, distributes, | 24 |
| or dispenses
any controlled substances, or engages in chemical | 25 |
| analysis, and
instructional activities which utilize | 26 |
| controlled substances,
or who purchases, stores, or | 27 |
| administers euthanasia drugs, within this
State or who proposes | 28 |
| to engage in the
manufacture, distribution, or dispensing of | 29 |
| any controlled substance, or to
engage in chemical analysis, | 30 |
| and instructional activities
which utilize controlled | 31 |
| substances, or to engage in purchasing, storing, or
| 32 |
| administering euthanasia drugs, within this State, must obtain |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| a
registration issued by the Department of Financial and
| 2 |
| Professional Regulation in
accordance with its rules. The rules | 3 |
| shall
include, but not be limited to, setting the expiration | 4 |
| date and renewal
period for each registration under this Act. | 5 |
| The Department,
and any facility or service licensed by the | 6 |
| Department, shall be exempt
from the regulation requirements of | 7 |
| this Section.
| 8 |
| (b) Persons registered by the Department of Financial and
| 9 |
| Professional Regulation
under this Act to manufacture, | 10 |
| distribute, or dispense controlled
substances, or purchase, | 11 |
| store, or administer euthanasia drugs, may
possess, | 12 |
| manufacture, distribute, or dispense those
substances, or | 13 |
| purchase, store, or administer euthanasia drugs, to the
extent | 14 |
| authorized by their registration and in conformity
with the | 15 |
| other provisions of this Article.
| 16 |
| (c) The following persons need not register and may | 17 |
| lawfully possess
controlled substances under this Act:
| 18 |
| (1) an agent or employee of any registered | 19 |
| manufacturer, distributor, or
dispenser of any controlled | 20 |
| substance if he is acting in the usual course
of his | 21 |
| employer's lawful business or employment;
| 22 |
| (2) a common or contract carrier or warehouseman, or an | 23 |
| agent or
employee thereof, whose possession of any | 24 |
| controlled substance is in the
usual lawful course of such | 25 |
| business or employment;
| 26 |
| (3) an ultimate user or a person in possession of any | 27 |
| controlled
substance pursuant to a lawful prescription of a | 28 |
| practitioner or in lawful
possession of a Schedule V | 29 |
| substance;
| 30 |
| (4) officers and employees of this State or of the | 31 |
| United States while
acting in the lawful course of their | 32 |
| official duties which requires
possession of controlled | 33 |
| substances;
| 34 |
| (5) a registered pharmacist who is employed in, or the |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| owner of, a
pharmacy licensed under this Act and the | 2 |
| Federal Controlled Substances Act,
at the licensed | 3 |
| location, or if he is acting in the usual course of his
| 4 |
| lawful profession, business, or employment.
| 5 |
| (d) A separate registration is required at each place of
| 6 |
| business or professional practice where the applicant | 7 |
| manufactures,
distributes, or dispenses controlled substances, | 8 |
| or purchases, stores, or
administers euthanasia drugs.
Persons | 9 |
| are required to obtain a separate registration for each
place | 10 |
| of business or professional practice where controlled
| 11 |
| substances are located or stored. A separate registration is
| 12 |
| not required for every location at which a controlled substance
| 13 |
| may be prescribed.
| 14 |
| (e) The Department of Financial and Professional | 15 |
| Regulation or the Department of
State Police may inspect the | 16 |
| controlled premises, as defined in Section
502 of this Act, of | 17 |
| a registrant or applicant for registration in
accordance with | 18 |
| this Act and the rules promulgated hereunder and with regard
to | 19 |
| persons licensed by the Department, in accordance with | 20 |
| subsection (bb)
of Section 30-5
of the Alcoholism and Other | 21 |
| Drug Abuse and Dependency Act and
the rules and
regulations | 22 |
| promulgated thereunder.
| 23 |
| (Source: P.A. 93-626, eff. 12-23-03.)
| 24 |
| (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
| 25 |
| Sec. 303. (a) The Department of Financial and Professional | 26 |
| Regulation shall license an
applicant to manufacture, | 27 |
| distribute or dispense controlled substances
included in
| 28 |
| Sections 204, 206, 208, 210 and 212 of this Act or purchase,
| 29 |
| store, or administer euthanasia drugs unless it
determines that | 30 |
| the issuance of that license would be
inconsistent
with the | 31 |
| public interest. In determining the public interest, the
| 32 |
| Department of Financial and Professional Regulation shall | 33 |
| consider the following:
|
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| (1) maintenance of effective controls against | 2 |
| diversion of controlled
substances into other than lawful | 3 |
| medical, scientific, or industrial
channels;
| 4 |
| (2) compliance with applicable Federal, State and | 5 |
| local law;
| 6 |
| (3) any convictions of the applicant under any law of | 7 |
| the United States
or of any State relating to any | 8 |
| controlled substance;
| 9 |
| (4) past experience in the manufacture or distribution | 10 |
| of controlled
substances, and the existence in the | 11 |
| applicant's establishment of effective
controls against | 12 |
| diversion;
| 13 |
| (5) furnishing by the applicant of false or fraudulent | 14 |
| material in any
application filed under this Act;
| 15 |
| (6) suspension or revocation of the applicant's | 16 |
| Federal
registration to
manufacture, distribute, or | 17 |
| dispense controlled substances, or purchase,
store, or | 18 |
| administer euthanasia drugs, as authorized by
Federal law;
| 19 |
| (7) whether the applicant is suitably equipped with the | 20 |
| facilities
appropriate to carry on the operation described | 21 |
| in his application;
| 22 |
| (8) whether the applicant is of good moral character | 23 |
| or, if the
applicant is a partnership, association, | 24 |
| corporation or other organization,
whether the partners, | 25 |
| directors, governing committee and managing officers
are | 26 |
| of good moral character;
| 27 |
| (9) any other factors relevant to and consistent with | 28 |
| the public health
and safety; and
| 29 |
| (10) evidence from court, medical disciplinary and | 30 |
| pharmacy
board records and those of State and Federal | 31 |
| investigatory bodies that the
applicant has not or does not | 32 |
| prescribe controlled substances within the
provisions of | 33 |
| this Act.
| 34 |
| (b) No license shall be granted to or renewed for any
|
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| person who
has within 5 years been convicted of a wilful | 2 |
| violation of any law of the
United States or any law of any | 3 |
| State relating to controlled substances, or
who is found to be | 4 |
| deficient in any of the matters enumerated in
subsections | 5 |
| (a)(1) through (a)(8).
| 6 |
| (c) Licensure under subsection (a) does not entitle a
| 7 |
| registrant to
manufacture, distribute or dispense controlled | 8 |
| substances in Schedules I or
II other than those specified in | 9 |
| the registration.
| 10 |
| (d) Practitioners who are licensed to dispense any
| 11 |
| controlled
substances in Schedules II through V are authorized | 12 |
| to
conduct instructional activities with controlled substances
| 13 |
| in Schedules II through V under the law of this State.
| 14 |
| (e) If an applicant for registration is registered under | 15 |
| the Federal law
to manufacture, distribute or dispense | 16 |
| controlled substances, or purchase,
store, or administer | 17 |
| euthanasia drugs, upon filing a
completed application for | 18 |
| licensure in this State and
payment of all
fees due hereunder, | 19 |
| he shall be licensed in this State to
the same extent
as his | 20 |
| Federal registration, unless, within 30 days after completing | 21 |
| his
application in this State, the Department of Financial and
| 22 |
| Professional Regulation
notifies the applicant that his | 23 |
| application has not been granted. A
practitioner who is in | 24 |
| compliance with the Federal law with respect to
registration to | 25 |
| dispense controlled substances in Schedules II through V
need | 26 |
| only send a current copy of that Federal registration to the
| 27 |
| Department of Financial and Professional Regulation and he | 28 |
| shall be deemed in
compliance with the registration provisions | 29 |
| of this State.
| 30 |
| (e-5) Beginning July 1, 2003, all of the fees and fines | 31 |
| collected under
this Section 303 shall be deposited into the | 32 |
| Illinois State Pharmacy
Disciplinary Fund.
| 33 |
| (f) The fee for registration as a manufacturer or wholesale | 34 |
| distributor
of controlled substances shall be $50.00 per year, |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| except that the fee for
registration as a manufacturer or | 2 |
| wholesale distributor of controlled
substances that may be | 3 |
| dispensed without a prescription under this Act
shall be $15.00 | 4 |
| per year. The expiration date and renewal period for
each | 5 |
| controlled substance license issued
under this Act shall be set | 6 |
| by rule.
| 7 |
| (Source: P.A. 93-32, eff. 7-1-03; 93-626, eff. 12-23-03.)
| 8 |
| (720 ILCS 570/303.05)
| 9 |
| Sec. 303.05. Mid-level practitioner registration.
| 10 |
| (a) The Department of Financial and Professional | 11 |
| Regulation shall register licensed
physician assistants and | 12 |
| licensed advanced practice nurses to prescribe and
dispense | 13 |
| Schedule
III, IV, or V controlled substances under Section 303 | 14 |
| and euthanasia
agencies to purchase, store, or administer | 15 |
| euthanasia drugs under the
following circumstances:
| 16 |
| (1) with respect to physician assistants or advanced | 17 |
| practice nurses,
| 18 |
| (A) the physician assistant or advanced practice | 19 |
| nurse has been
delegated
prescriptive authority by a | 20 |
| physician licensed to practice medicine in all its
| 21 |
| branches in accordance with Section 7.5 of the | 22 |
| Physician Assistant Practice Act
of 1987 or Section | 23 |
| 15-20 of the Nursing and Advanced Practice Nursing Act;
| 24 |
| and
| 25 |
| (B) the physician assistant or advanced practice | 26 |
| nurse has
completed the
appropriate application forms | 27 |
| and has paid the required fees as set by rule;
or
| 28 |
| (2) with respect to euthanasia agencies, the | 29 |
| euthanasia agency has
obtained a license from the | 30 |
| Department of
Professional Regulation and obtained a | 31 |
| registration number from the
Department.
| 32 |
| (b) The mid-level practitioner shall only be licensed to | 33 |
| prescribe those
schedules of controlled substances for which a |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| licensed physician has delegated
prescriptive authority, | 2 |
| except that a euthanasia agency does not have any
prescriptive | 3 |
| authority.
| 4 |
| (c) Upon completion of all registration requirements, | 5 |
| physician
assistants, advanced practice nurses, and euthanasia | 6 |
| agencies shall be issued a
mid-level practitioner
controlled | 7 |
| substances license for Illinois.
| 8 |
| (Source: P.A. 93-626, eff. 12-23-03.)
| 9 |
| (720 ILCS 570/303.1) (from Ch. 56 1/2, par. 1303.1)
| 10 |
| Sec. 303.1. Any person who delivers a check or other | 11 |
| payment to the
Department of Financial and Professional | 12 |
| Regulation that is returned to the Department
unpaid by the | 13 |
| financial institution upon which it is drawn shall pay to the
| 14 |
| Department,
in addition to the amount already owed to the | 15 |
| Department, a fine of $50. If
the check or other payment was | 16 |
| for a renewal or issuance fee and that person
practices without
| 17 |
| paying the renewal fee or issuance fee and the fine due, an | 18 |
| additional fine
of $100 shall be imposed. The fines imposed by | 19 |
| this Section are in addition
to any other discipline provided | 20 |
| under this Act for unlicensed
practice or practice on a | 21 |
| nonrenewed license. The Department
of Financial and
| 22 |
| Professional Regulation shall notify the person that payment of | 23 |
| fees
and fines shall be paid to the Department
by certified | 24 |
| check or money order within 30 calendar days of the
| 25 |
| notification. If, after the expiration of 30 days from the date | 26 |
| of the
notification, the person has failed to submit the | 27 |
| necessary remittance, the
Department of Financial and | 28 |
| Professional Regulation shall automatically terminate the
| 29 |
| license or certificate or deny
the application, without | 30 |
| hearing. If, after termination or denial, the
person seeks a | 31 |
| license or certificate, he or she shall apply to the
Department | 32 |
| for restoration or issuance of the license or certificate and
| 33 |
| pay all fees and fines due to the Department. The Department of |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| Financial and Professional
Regulation may establish
a fee for | 2 |
| the processing of an application for restoration of a license | 3 |
| or
certificate to pay all expenses of processing this | 4 |
| application. The Director
may waive the fines due under this | 5 |
| Section in individual cases where the
Director finds that the | 6 |
| fines would be unreasonable or unnecessarily
burdensome.
| 7 |
| (Source: P.A. 89-507, eff. 7-1-97.)
| 8 |
| (720 ILCS 570/304) (from Ch. 56 1/2, par. 1304) | 9 |
| Sec. 304. (a) A registration under Section 303 to | 10 |
| manufacture,
distribute, or dispense a controlled substance or | 11 |
| purchase, store, or
administer euthanasia drugs may be | 12 |
| suspended or
revoked by the Department of Financial and
| 13 |
| Professional Regulation upon a finding
that the registrant:
| 14 |
| (1) has furnished any false or fraudulent material | 15 |
| information in
any application filed under this Act; or
| 16 |
| (2) has been convicted of a felony under any law of the | 17 |
| United
States or any State relating to any controlled | 18 |
| substance; or
| 19 |
| (3) has had suspended or revoked his Federal | 20 |
| registration to
manufacture, distribute, or dispense | 21 |
| controlled substances or purchase,
store, or administer | 22 |
| euthanasia drugs; or
| 23 |
| (4) has been convicted of bribery, perjury, or other | 24 |
| infamous crime
under the laws of the United States or of | 25 |
| any State; or
| 26 |
| (5) has violated any provision of this Act or any rules | 27 |
| promulgated
hereunder, or any provision of the | 28 |
| Methamphetamine Precursor Control Act or rules promulgated | 29 |
| thereunder, whether or not he has been convicted of such | 30 |
| violation;
or
| 31 |
| (6) has failed to provide effective controls against | 32 |
| the diversion
of controlled substances in other than | 33 |
| legitimate medical, scientific or
industrial channels.
|
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| (b) The Department of Financial and Professional | 2 |
| Regulation may limit
revocation or suspension of a registration | 3 |
| to the particular controlled
substance with respect to which | 4 |
| grounds for revocation or suspension
exist.
| 5 |
| (c) The Department of Financial and Professional | 6 |
| Regulation shall promptly
notify the Administration, the | 7 |
| Department and the Department of State
Police or their | 8 |
| successor agencies, of all orders denying,
suspending or | 9 |
| revoking registration, all forfeitures of controlled
| 10 |
| substances, and all final court dispositions, if any, of such | 11 |
| denials,
suspensions, revocations or forfeitures.
| 12 |
| (d) If Federal registration of any registrant is suspended, | 13 |
| revoked,
refused renewal or refused issuance, then the | 14 |
| Department of Financial and Professional
Regulation shall | 15 |
| issue a notice and conduct a hearing in accordance
with Section | 16 |
| 305 of this Act.
| 17 |
| (Source: P.A. 93-626, eff. 12-23-03; 94-694, eff. 1-15-06.)
| 18 |
| (720 ILCS 570/305) (from Ch. 56 1/2, par. 1305)
| 19 |
| Sec. 305. (a) Before denying, refusing renewal of, | 20 |
| suspending or revoking a
registration, the Department of | 21 |
| Financial and Professional Regulation shall serve upon
the | 22 |
| applicant or registrant, by registered mail at the address in | 23 |
| the
application or registration or by any other means | 24 |
| authorized under the
Civil Practice Law or Rules of the | 25 |
| Illinois Supreme Court for the service
of summons or subpoenas, | 26 |
| a notice of hearing to determine why registration
should not be | 27 |
| denied, refused renewal, suspended or revoked. The notice
shall | 28 |
| contain a statement of the basis therefor and shall call upon | 29 |
| the
applicant or registrant to appear before the Department of | 30 |
| Financial and Professional
Regulation at a reasonable time and | 31 |
| place. These proceedings shall be
conducted in accordance with | 32 |
| Sections 2105-5, 2105-15, 2105-100, 2105-105,
2105-110,
| 33 |
| 2105-115, 2105-120, 2105-125, 2105-175, and 2105-325
of the |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| Department of Financial and Professional Regulation Law (20 | 2 |
| ILCS 2105/2105-5,
2105/2105-15, 2105/2105-100, 2105/2105-105, | 3 |
| 2105/2105-110, 2105/2105-115,
2105/2105-120,
2105/2105-125, | 4 |
| 2105/2105-175, and 2105/2105-325),
without
regard to any | 5 |
| criminal prosecution or other proceeding. Except as
authorized | 6 |
| in subsection (c), proceedings to refuse renewal or
suspend or
| 7 |
| revoke registration shall not abate the existing registration, | 8 |
| which shall
remain in effect until the Department of Financial | 9 |
| and Professional Regulation has
held the hearing called for in | 10 |
| the notice and found, with input from the
appropriate licensure | 11 |
| or disciplinary board, that the registration
shall no longer | 12 |
| remain in effect.
| 13 |
| (b) The Director may appoint an attorney duly
licensed to | 14 |
| practice law in the State of Illinois to serve as the hearing
| 15 |
| officer in any action to deny, refuse to renew, suspend, or | 16 |
| revoke, or take any
other disciplinary action with regard to a | 17 |
| registration. The hearing officer
shall have full authority to | 18 |
| conduct the hearing. The hearing officer shall
report his or | 19 |
| her findings and recommendations to the appropriate licensure | 20 |
| or
disciplinary board within 30 days after receiving the | 21 |
| record. The
Disciplinary Board shall have 60 days from receipt | 22 |
| of the report to review the
report of the hearing officer and | 23 |
| present its findings of fact, conclusions
of law, and | 24 |
| recommendations to the Director.
| 25 |
| (c) If the Department of Financial and Professional | 26 |
| Regulation finds that
there is
an imminent danger to the public | 27 |
| health or safety by the continued
manufacture, distribution or | 28 |
| dispensing of controlled substances by the
registrant, the | 29 |
| Department of Financial and Professional Regulation may, upon | 30 |
| the
issuance of a written ruling stating the reasons for such | 31 |
| finding and
without notice or hearing, suspend such registrant. | 32 |
| The suspension shall
continue in effect for not more than 14 | 33 |
| days during which time the
registrant shall be given a hearing | 34 |
| on the issues involved in the
suspension. If after the hearing, |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| and after
input from the appropriate licensure or disciplinary | 2 |
| board,
the Department of Financial and Professional Regulation
| 3 |
| finds that the public health
or safety requires the suspension | 4 |
| to remain in effect it shall so remain
until the ruling is | 5 |
| terminated by its own terms or subsequent ruling or is
| 6 |
| dissolved by a circuit court upon determination that the
| 7 |
| suspension was wholly without basis in fact and law.
| 8 |
| (d) If, after a hearing as provided in subsection (a), the
| 9 |
| Department of Financial and
Professional Regulation
finds that | 10 |
| a registration should be refused
renewal, suspended or revoked, | 11 |
| a written ruling to that effect shall be
entered. The | 12 |
| Department of Financial and Professional Regulation's ruling | 13 |
| shall remain
in effect until the ruling is terminated by its | 14 |
| own terms or subsequent
ruling or is dissolved by a circuit | 15 |
| court upon a determination that the
refusal to renew suspension | 16 |
| or revocation was wholly without basis in fact and
law.
| 17 |
| (Source: P.A. 91-239, eff. 1-1-00.)
| 18 |
| (720 ILCS 570/306) (from Ch. 56 1/2, par. 1306)
| 19 |
| Sec. 306. Every practitioner and person who is required | 20 |
| under
this Act to be registered to manufacture, distribute or | 21 |
| dispense controlled
substances or purchase, store, or | 22 |
| administer euthanasia drugs under this
Act shall keep records | 23 |
| and maintain inventories in
conformance with the recordkeeping | 24 |
| and inventory requirements of the laws
of the United States and | 25 |
| with any additional rules and forms issued by the
Department of | 26 |
| Financial and Professional Regulation.
| 27 |
| (Source: P.A. 93-626, eff. 12-23-03.)
| 28 |
| (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
| 29 |
| Sec. 309. On or after April 1, 2000, no person shall issue | 30 |
| a
prescription for a Schedule II
controlled substance, which is | 31 |
| a narcotic drug listed in Section
206 of
this Act; or which | 32 |
| contains any quantity of amphetamine or
methamphetamine, their |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| salts, optical isomers or salts of optical
isomers; | 2 |
| phenmetrazine and its salts; gluthethimide; and pentazocine, | 3 |
| other than on a written
prescription; provided
that in the case | 4 |
| of an emergency, epidemic or a
sudden or unforeseen accident or | 5 |
| calamity, the prescriber may issue a
lawful oral prescription | 6 |
| where failure to
issue such a prescription might result in
loss | 7 |
| of life or intense suffering, but such oral prescription shall
| 8 |
| include a statement by the prescriber concerning the accident
| 9 |
| or calamity, or circumstances constituting the emergency, the | 10 |
| cause for
which an oral prescription was used. Within
7 days | 11 |
| after issuing an
emergency prescription, the prescriber shall | 12 |
| cause a written prescription for
the emergency quantity | 13 |
| prescribed to be delivered to
the dispensing pharmacist. The | 14 |
| prescription shall have written on its face
"Authorization for | 15 |
| Emergency Dispensing", and the date of the emergency
| 16 |
| prescription. The written prescription
may be delivered to the | 17 |
| pharmacist in person, or by mail, but if delivered
by mail it | 18 |
| must be postmarked within the 7-day period. Upon
receipt, the
| 19 |
| dispensing pharmacist shall attach this prescription to the | 20 |
| emergency oral
prescription earlier received and
reduced to | 21 |
| writing. The dispensing pharmacist shall notify the Department | 22 |
| of Financial and Professional Regulation
Human Services if the | 23 |
| prescriber
fails to deliver the authorization for emergency | 24 |
| dispensing on the
prescription to him or her . Failure of the | 25 |
| dispensing pharmacist to do so
shall void the authority | 26 |
| conferred by this paragraph to dispense without a
written | 27 |
| prescription of a
prescriber. All prescriptions issued for | 28 |
| Schedule II controlled substances
shall include both a written | 29 |
| and numerical notation of quantity on the face
of the | 30 |
| prescription. No prescription for a Schedule II controlled | 31 |
| substance
may
be refilled.
| 32 |
| (Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)
| 33 |
| (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
|
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| Sec. 312. Requirements for dispensing controlled | 2 |
| substances.
| 3 |
| (a) A practitioner, in good faith, may dispense a Schedule
| 4 |
| II controlled substance, which is a narcotic drug listed in | 5 |
| Section
206
of this Act; or which contains any quantity of | 6 |
| amphetamine or
methamphetamine, their salts, optical isomers | 7 |
| or salts of optical
isomers; phenmetrazine and its salts; or | 8 |
| pentazocine; and Schedule III, IV, or V controlled substances
| 9 |
| to any person upon
a written prescription of any prescriber, | 10 |
| dated and signed
by the
person prescribing on the day when | 11 |
| issued and bearing the name and
address of the patient for | 12 |
| whom, or the owner of the animal for which
the controlled | 13 |
| substance is dispensed, and the full name, address and
registry | 14 |
| number under the laws of the United States relating to
| 15 |
| controlled substances of the prescriber, if he is
required by
| 16 |
| those laws to be registered. If the prescription is for an | 17 |
| animal it
shall state the species of animal for which it is | 18 |
| ordered. The
practitioner filling the prescription shall write | 19 |
| the date of filling
and his own signature on the face of the | 20 |
| written prescription , unless electronic prescription is | 21 |
| authorized by federal law .
The written prescription shall be
| 22 |
| retained on file by the practitioner who filled it or pharmacy | 23 |
| in which
the prescription was filled for a period of 2 years, | 24 |
| so as to be readily
accessible for inspection or removal by any | 25 |
| officer or employee engaged
in the enforcement of this Act. | 26 |
| Whenever the practitioner's or
pharmacy's copy of any | 27 |
| prescription is removed by an officer or
employee engaged in | 28 |
| the enforcement of this Act, for the purpose of
investigation | 29 |
| or as evidence, such officer or employee shall give to the
| 30 |
| practitioner or pharmacy a receipt in lieu thereof. A | 31 |
| prescription
for a Schedule II controlled substance shall not | 32 |
| be filled more than 7 days
after the date of issuance. If the | 33 |
| specific prescription is computer generated at the | 34 |
| prescriber's office, the date does not need to be handwritten. |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| A written prescription for Schedule III, IV or
V controlled | 2 |
| substances shall not be filled or refilled more than 6 months
| 3 |
| after the date thereof or refilled more than 5 times unless | 4 |
| renewed, in
writing, by the prescriber.
| 5 |
| (b) In lieu of a written prescription required by this | 6 |
| Section, a
pharmacist, in good faith, may dispense Schedule | 7 |
| III, IV, or V
substances to any person either upon receiving a | 8 |
| facsimile of a written,
signed prescription transmitted by the | 9 |
| prescriber or the prescriber's agent
or upon a lawful oral | 10 |
| prescription of a
prescriber which oral prescription shall be | 11 |
| reduced
promptly to
writing by the pharmacist and such written | 12 |
| memorandum thereof shall be
dated on the day when such oral | 13 |
| prescription is received by the
pharmacist and shall bear the | 14 |
| full name and address of the ultimate user
for whom, or of the | 15 |
| owner of the animal for which the controlled
substance is | 16 |
| dispensed, and the full name, address, and registry number
| 17 |
| under the law of the United States relating to controlled | 18 |
| substances of
the prescriber prescribing if he is required by | 19 |
| those laws
to be so
registered, and the pharmacist filling such | 20 |
| oral prescription shall
write the date of filling and his own | 21 |
| signature on the face of such
written memorandum thereof. The | 22 |
| facsimile copy of the prescription or
written memorandum of the | 23 |
| oral
prescription shall be retained on file by the proprietor | 24 |
| of the pharmacy
in which it is filled for a period of not less | 25 |
| than two years, so as to
be readily accessible for inspection | 26 |
| by any officer or employee engaged
in the enforcement of this | 27 |
| Act in the same manner as a written
prescription. The facsimile | 28 |
| copy of the prescription or oral prescription
and the written | 29 |
| memorandum thereof
shall not be filled or refilled more than 6 | 30 |
| months after the date
thereof or be refilled more than 5 times, | 31 |
| unless renewed, in writing, by
the prescriber.
| 32 |
| (c) Except for any targeted methamphetamine precursor as | 33 |
| defined in the Methamphetamine Precursor Control Act, a
| 34 |
| controlled substance included in Schedule V shall not be
|
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| distributed or dispensed other than for a medical purpose and | 2 |
| not for
the purpose of evading this Act, and then:
| 3 |
| (1) only personally by a person registered to dispense | 4 |
| a Schedule V
controlled substance and then only to his | 5 |
| patients, or
| 6 |
| (2) only personally by a pharmacist, and then only to a | 7 |
| person over
21 years of age who has identified himself or | 8 |
| herself to the pharmacist by means of
2 positive documents | 9 |
| of identification.
| 10 |
| (3) the dispenser shall record the name and address of | 11 |
| the
purchaser, the name and quantity of the product, the | 12 |
| date and time of
the sale, and the dispenser's signature.
| 13 |
| (4) no person shall purchase or be dispensed more than | 14 |
| 120
milliliters or more than 120 grams of any Schedule V | 15 |
| substance which
contains codeine, dihydrocodeine, or any | 16 |
| salts thereof, or
ethylmorphine, or any salts thereof, in | 17 |
| any 96 hour period. The
purchaser shall sign a form, | 18 |
| approved by the Department of Professional
Regulation, | 19 |
| attesting that he has not purchased any Schedule V
| 20 |
| controlled substances within the immediately preceding 96 | 21 |
| hours.
| 22 |
| (5) (Blank).
a copy of the records of sale, including | 23 |
| all information
required by paragraph (3), shall be | 24 |
| forwarded to the Department of
Professional Regulation at | 25 |
| its principal office by the 15th day of the following | 26 |
| month.
| 27 |
| (6) all records of purchases and sales shall be | 28 |
| maintained for not
less than 2 years.
| 29 |
| (7) no person shall obtain or attempt to obtain within | 30 |
| any
consecutive 96 hour period any Schedule V substances of | 31 |
| more than 120
milliliters or more than 120 grams containing | 32 |
| codeine, dihydrocodeine or
any of its salts, or | 33 |
| ethylmorphine or any of its salts. Any person
obtaining any | 34 |
| such preparations or combination of preparations in excess
|
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| of this limitation shall be in unlawful possession of such | 2 |
| controlled
substance.
| 3 |
| (8) a person qualified to dispense controlled | 4 |
| substances under this
Act and registered thereunder shall | 5 |
| at no time maintain or keep in stock
a quantity of Schedule | 6 |
| V controlled substances defined and listed in
Section 212 | 7 |
| (b) (1), (2) or (3) in excess of 4.5 liters for each
| 8 |
| substance; a pharmacy shall at no time maintain or keep in | 9 |
| stock a
quantity of Schedule V controlled substances as | 10 |
| defined in excess of 4.5
liters for each substance, plus | 11 |
| the additional quantity of controlled
substances necessary | 12 |
| to fill the largest number of prescription orders
filled by | 13 |
| that pharmacy for such controlled substances in any one | 14 |
| week
in the previous year. These limitations shall not | 15 |
| apply to Schedule V
controlled substances which Federal law | 16 |
| prohibits from being dispensed
without a prescription.
| 17 |
| (9) no person shall distribute or dispense butyl | 18 |
| nitrite for
inhalation or other introduction into the human | 19 |
| body for euphoric or
physical effect.
| 20 |
| (d) Every practitioner shall keep a record of controlled | 21 |
| substances
received by him or her and a record of all such | 22 |
| controlled substances
administered, dispensed or | 23 |
| professionally used by him or her otherwise than by
| 24 |
| prescription. It shall, however, be sufficient compliance with | 25 |
| this
paragraph if any practitioner utilizing controlled | 26 |
| substances listed in
Schedules III, IV and V shall keep a | 27 |
| record of all those substances
dispensed and distributed by him | 28 |
| or her other than those controlled substances
which are | 29 |
| administered by the direct application of a controlled
| 30 |
| substance, whether by injection, inhalation, ingestion, or any | 31 |
| other
means to the body of a patient or research subject. A | 32 |
| practitioner who
dispenses, other than by administering, a | 33 |
| controlled substance in
Schedule II, which is a narcotic drug | 34 |
| listed in Section
206 of this Act,
or which contains any |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| quantity of amphetamine or methamphetamine, their
salts, | 2 |
| optical isomers or salts of optical isomers, pentazocine, or
| 3 |
| methaqualone shall do so only upon
the issuance of a written
| 4 |
| prescription blank by a
prescriber.
| 5 |
| (e) Whenever a manufacturer distributes a controlled | 6 |
| substance in a
package prepared by him or her , and whenever a | 7 |
| wholesale distributor
distributes a controlled substance in a | 8 |
| package prepared by him or her or the
manufacturer, he shall | 9 |
| securely affix to each package in which that
substance is | 10 |
| contained a label showing in legible English the name and
| 11 |
| address of the manufacturer, the distributor and the quantity, | 12 |
| kind and
form of controlled substance contained therein. No | 13 |
| person except a
pharmacist and only for the purposes of filling | 14 |
| a prescription under
this Act, shall alter, deface or remove | 15 |
| any label so affixed.
| 16 |
| (f) Whenever a practitioner dispenses any controlled | 17 |
| substance except a non-prescription targeted methamphetamine | 18 |
| precursor as defined in the Methamphetamine Precursor Control | 19 |
| Act, he
shall affix to the container in which such substance is | 20 |
| sold or
dispensed, a label indicating the date of initial | 21 |
| filling, the practitioner's
name and address, the name
of the | 22 |
| patient, the name of the prescriber,
the directions
for use and | 23 |
| cautionary statements, if any, contained in any prescription
or | 24 |
| required by law, the proprietary name or names or the | 25 |
| established name
of the controlled substance, and the dosage | 26 |
| and quantity, except as otherwise
authorized by regulation by | 27 |
| the Department of Financial and Professional Regulation. No
| 28 |
| person shall alter, deface or remove any label so affixed as | 29 |
| long as any of the specific medication remains in the | 30 |
| container .
| 31 |
| (g) A person to whom or for whose use any controlled | 32 |
| substance has
been prescribed or dispensed by a practitioner, | 33 |
| or other persons
authorized under this Act, and the owner of | 34 |
| any animal for which such
substance has been prescribed or |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| dispensed by a veterinarian, may
lawfully possess such | 2 |
| substance only in the container in which it was
delivered to | 3 |
| him or her by the person dispensing such substance.
| 4 |
| (h) The responsibility for the proper prescribing or | 5 |
| dispensing of
controlled substances , which are under the | 6 |
| prescriber's direct control, is upon the prescriber . The
and | 7 |
| the responsibility for
the proper filling of a prescription for | 8 |
| controlled substance drugs
rests with the pharmacist. An order | 9 |
| purporting to be a prescription
issued to any individual, which | 10 |
| is not in the regular course of
professional treatment nor part | 11 |
| of an authorized methadone maintenance
program, nor in | 12 |
| legitimate and authorized research instituted by any
| 13 |
| accredited hospital, educational institution, charitable | 14 |
| foundation, or
federal, state or local governmental agency, and | 15 |
| which is intended to
provide that individual with controlled | 16 |
| substances sufficient to
maintain that individual's or any | 17 |
| other individual's physical or
psychological addiction, | 18 |
| habitual or customary use, dependence, or
diversion of that | 19 |
| controlled substance is not a prescription within the
meaning | 20 |
| and intent of this Act; and the person issuing it, shall be
| 21 |
| subject to the penalties provided for violations of the law | 22 |
| relating to
controlled substances.
| 23 |
| (i) A prescriber shall not preprint or cause to be
| 24 |
| preprinted a
prescription for any controlled substance; nor | 25 |
| shall any practitioner
issue, fill or cause to be issued or | 26 |
| filled, a preprinted prescription
for any controlled | 27 |
| substance. A prescriber may use a computer type device to | 28 |
| individually generate a printed prescription, however the | 29 |
| prescriber is still required to affix the date of issuance and | 30 |
| his or her original signature to the prescription, unless | 31 |
| electronic signatures are authorized by federal law for | 32 |
| controlled substances.
| 33 |
| (j) No person shall manufacture, dispense, deliver, | 34 |
| possess with
intent to deliver, prescribe, or administer or |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| cause to be administered
under his direction any anabolic | 2 |
| steroid, for any use in humans other than
the treatment of | 3 |
| disease in accordance with the order of a physician licensed
to | 4 |
| practice medicine in all its branches for a
valid medical | 5 |
| purpose in the course of professional practice. The use of
| 6 |
| anabolic steroids for the purpose of hormonal manipulation that | 7 |
| is intended
to increase muscle mass, strength or weight without | 8 |
| a medical necessity to
do so, or for the intended purpose of | 9 |
| improving physical appearance or
performance in any form of | 10 |
| exercise, sport, or game, is not a valid medical
purpose or in | 11 |
| the course of professional practice.
| 12 |
| (Source: P.A. 94-694, eff. 1-15-06.)
| 13 |
| (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
| 14 |
| Sec. 313. (a) Controlled substances which are lawfully | 15 |
| administered in
hospitals or institutions licensed under the | 16 |
| "Hospital Licensing Act" shall
be exempt from the requirements | 17 |
| of Sections 312 and 316 except
that the
prescription for the | 18 |
| controlled substance shall be in writing on the
patient's | 19 |
| record, signed by the prescriber, dated, and shall state the
| 20 |
| name, and quantity of controlled substances ordered and the | 21 |
| quantity
actually administered. The records of such | 22 |
| prescriptions shall be
maintained for two years and shall be | 23 |
| available for inspection by officers
and employees of the | 24 |
| Department of State Police, and the Department of
Financial and | 25 |
| Professional Regulation.
| 26 |
| (b) Controlled substances that can lawfully be | 27 |
| administered or dispensed
directly to a patient in a long-term | 28 |
| care facility licensed by the Department
of Public Health as a | 29 |
| skilled nursing facility, intermediate care facility, or
| 30 |
| long-term care facility for residents under 22 years of age, | 31 |
| are exempt from
the requirements of Section 312 except that a | 32 |
| prescription
for a
Schedule II controlled substance must be | 33 |
| either a written prescription signed
by the prescriber or a |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| written prescription transmitted by the prescriber or
| 2 |
| prescriber's agent to the dispensing pharmacy by facsimile. The
| 3 |
| facsimile serves as the original prescription and must be | 4 |
| maintained for 2
years from the date of issue in the same | 5 |
| manner as a written prescription
signed by the prescriber.
| 6 |
| (c) A prescription that is written for a Schedule II | 7 |
| controlled substance
to be compounded for direct | 8 |
| administration by parenteral, intravenous,
intramuscular, | 9 |
| subcutaneous, or intraspinal infusion to a patient in a private
| 10 |
| residence, long-term care facility, or hospice setting may be | 11 |
| transmitted by
facsimile by the prescriber or the prescriber's | 12 |
| agent to the pharmacy providing
the home infusion services. The | 13 |
| facsimile serves as the original written
prescription for | 14 |
| purposes of this paragraph (c) and it shall be maintained in
| 15 |
| the same manner as the original written prescription.
| 16 |
| (c-1) A prescription written for a Schedule II controlled | 17 |
| substance for a
patient residing in a hospice certified by | 18 |
| Medicare under Title XVIII of the
Social Security Act or
| 19 |
| licensed by the State may be transmitted by the practitioner or | 20 |
| the
practitioner's
agent to the dispensing pharmacy by | 21 |
| facsimile. The practitioner or
practitioner's
agent must note | 22 |
| on the prescription that the patient is a hospice patient. The
| 23 |
| facsimile serves as the original written prescription for | 24 |
| purposes of this
paragraph (c-1) and it shall be maintained in | 25 |
| the same manner as the original
written prescription.
| 26 |
| (d) Controlled substances which are lawfully administered
| 27 |
| and/or dispensed
in drug abuse treatment programs licensed by | 28 |
| the Department shall be exempt
from the requirements of | 29 |
| Sections 312 and 316, except that the
prescription
for such | 30 |
| controlled substances shall be issued and authenticated
on | 31 |
| official prescription logs prepared and supplied by the | 32 |
| Department.
The official prescription logs issued by the | 33 |
| Department shall be printed
in triplicate on distinctively | 34 |
| marked paper and furnished to programs at
reasonable cost. The |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| official prescription logs furnished to the programs
shall | 2 |
| contain, in preprinted form, such information as the Department | 3 |
| may
require. The official prescription logs shall be properly | 4 |
| endorsed by a
physician licensed to practice medicine in all | 5 |
| its branches issuing the
order, with his own signature and the | 6 |
| date of
ordering, and further endorsed by the practitioner | 7 |
| actually administering
or dispensing the dosage at the time of | 8 |
| such administering or dispensing in
accordance with | 9 |
| requirements issued by the Department. The duplicate copy
shall | 10 |
| be retained by the program for a period of not less than three | 11 |
| years
nor more than seven years; the original and triplicate | 12 |
| copy shall be
returned to the Department at its principal | 13 |
| office in accordance with
requirements set forth by the | 14 |
| Department.
| 15 |
| (Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)
| 16 |
| (720 ILCS 570/316)
| 17 |
| Sec. 316. Schedule II and III controlled substance | 18 |
| prescription monitoring program.
| 19 |
| The Department must provide for a Schedule II and III | 20 |
| controlled substance
prescription monitoring program that | 21 |
| includes the following components:
| 22 |
| (1) The
Each time a Schedule II controlled substance is
| 23 |
| dispensed, the
dispenser must transmit to the
central | 24 |
| repository the following information:
| 25 |
| (A) The recipient's name.
| 26 |
| (B) The recipient's address.
| 27 |
| (C) The national drug code number of the Schedule | 28 |
| II controlled
substance
dispensed.
| 29 |
| (D) The date the Schedule II controlled substance | 30 |
| is dispensed.
| 31 |
| (E) The quantity of the Schedule II controlled | 32 |
| substance dispensed.
| 33 |
| (F) The dispenser's United States Drug Enforcement |
|
|
|
09400HB5542ham001 |
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LRB094 15524 RLC 56671 a |
|
| 1 |
| Administration
Agency
registration number.
| 2 |
| (G) The prescriber's United States Drug | 3 |
| Enforcement Administration
Agency
registration number.
| 4 |
| (2) The information required to be transmitted under | 5 |
| this Section must be
transmitted not more than 7
15 days | 6 |
| after the date on which a
Schedule II controlled substance | 7 |
| is dispensed.
| 8 |
| (3) A dispenser must transmit the information required | 9 |
| under this Section
by:
| 10 |
| (A) an electronic device compatible with the | 11 |
| receiving device of the
central repository;
| 12 |
| (B) a computer diskette;
| 13 |
| (C) a magnetic tape; or
| 14 |
| (D) a pharmacy universal claim form or Pharmacy | 15 |
| Inventory Control form;
| 16 |
| that meets specifications prescribed by the Department.
| 17 |
| (4) The Department shall expand and operate the | 18 |
| controlled substance monitoring program to include | 19 |
| prescription data collection for Schedule III controlled | 20 |
| substances contingent upon full funding from the | 21 |
| authorized federal agency less incidental expenses.
| 22 |
| (5) The controlled substance prescription monitoring | 23 |
| program shall comply with the federal Health Insurance | 24 |
| Portability and Accountability Act of 1996 and | 25 |
| accompanying rules.
| 26 |
| Controlled
Schedule II controlled substance prescription | 27 |
| monitoring does not apply to
Schedule II controlled substance | 28 |
| prescriptions as exempted under Section
313.
| 29 |
| (Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)
| 30 |
| (720 ILCS 570/317)
| 31 |
| Sec. 317. Central repository for collection of | 32 |
| information.
| 33 |
| (a) The Department must designate a central repository for
|
|
|
|
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| the collection of information transmitted under Section 316.
| 2 |
| (b) The central repository must do the following:
| 3 |
| (1) Create a database for information required to be | 4 |
| transmitted under
Section 316 in the form required under | 5 |
| rules adopted by the
Department, including search | 6 |
| capability for the following:
| 7 |
| (A) A recipient's name.
| 8 |
| (B) A recipient's address.
| 9 |
| (C) The national drug code number of a controlled | 10 |
| substance
dispensed.
| 11 |
| (D) The dates a Schedule II controlled substance is | 12 |
| dispensed.
| 13 |
| (E) The quantities of a Schedule II controlled | 14 |
| substance dispensed.
| 15 |
| (F) A dispenser's United States Drug Enforcement | 16 |
| Administration
Agency
registration number.
| 17 |
| (G) A prescriber's United States Drug Enforcement | 18 |
| Administration
Agency
registration number.
| 19 |
| (2) Provide the Department with a
continuing 24
hour a | 20 |
| day on-line access to the database maintained by the | 21 |
| central
repository. The Department of Financial and | 22 |
| Professional
Regulation must provide the
Department with | 23 |
| electronic access to the license information of a | 24 |
| prescriber or
dispenser. The Department of Financial and | 25 |
| Professional Regulation may charge a fee for this
access | 26 |
| not to exceed the actual cost of furnishing the | 27 |
| information.
| 28 |
| (3) Secure the information collected by the central | 29 |
| repository and the
database maintained by the central | 30 |
| repository against access by unauthorized
persons.
| 31 |
| (Source: P.A. 91-576, eff. 4-1-00.)
| 32 |
| (720 ILCS 570/318)
| 33 |
| Sec. 318. Confidentiality of information.
|
|
|
|
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| 1 |
| (a) Information received by the central repository under
| 2 |
| Section 316
is confidential.
| 3 |
| (b) The Department must carry out a program to protect the
| 4 |
| confidentiality of the information described in subsection | 5 |
| (a). The Department
may
disclose the information to another | 6 |
| person only under
subsection (c), (d), or (f) and may charge a | 7 |
| fee not to exceed the actual cost
of
furnishing the
| 8 |
| information.
| 9 |
| (c) The Department may disclose confidential information | 10 |
| described
in subsection (a) to any person who is engaged in | 11 |
| receiving, processing, or
storing the information.
| 12 |
| (d) The Department may release confidential information | 13 |
| described
in subsection (a) to the following persons:
| 14 |
| (1) A governing body
that licenses practitioners and is | 15 |
| engaged in an investigation, an
adjudication,
or a | 16 |
| prosecution of a violation under any State or federal law | 17 |
| that involves a
controlled substance.
| 18 |
| (2) An investigator for the Consumer Protection | 19 |
| Division of the office of
the Attorney General, a | 20 |
| prosecuting attorney, the Attorney General, a deputy
| 21 |
| Attorney General, or an investigator from the office of the | 22 |
| Attorney General,
who is engaged in any of the following | 23 |
| activities involving controlled
substances:
| 24 |
| (A) an investigation;
| 25 |
| (B) an adjudication; or
| 26 |
| (C) a prosecution
of a violation under any State or | 27 |
| federal law that involves a controlled
substance.
| 28 |
| (3) A law enforcement officer who is:
| 29 |
| (A) authorized by the Department of State Police to | 30 |
| receive
information
of the type requested for the | 31 |
| purpose of investigations involving controlled
| 32 |
| substances;
| 33 |
| (B) approved by the Department to receive | 34 |
| information of the
type requested for the purpose of |
|
|
|
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| 1 |
| investigations involving controlled
substances; and
| 2 |
| (C) engaged in the investigation or prosecution of | 3 |
| a violation
under
any State or federal law that | 4 |
| involves a controlled substance.
| 5 |
| (e) Before the Department releases confidential | 6 |
| information under
subsection (d), the applicant must | 7 |
| demonstrate in writing to the Department that:
| 8 |
| (1) the applicant has reason to believe that a | 9 |
| violation under any
State or
federal law that involves a | 10 |
| Schedule II controlled substance has occurred; and
| 11 |
| (2) the requested information is reasonably related to | 12 |
| the investigation,
adjudication, or prosecution of the | 13 |
| violation described in subdivision (1).
| 14 |
| (f) The Department may release data it collects under | 15 |
| Section 316 to:
| 16 |
| (1) state government prescription monitoring entities | 17 |
| in other states per the provisions outlined in subsections | 18 |
| (g) and (h) of this Section
a governing
body that licenses | 19 |
| practitioners ;
| 20 |
| (2) an investigator for the Consumer Protection | 21 |
| Division of the office of
the Attorney General, a | 22 |
| prosecuting attorney, the Attorney General, a deputy
| 23 |
| Attorney General, or an investigator from the office of the | 24 |
| Attorney General;
or
| 25 |
| (3) a law enforcement officer who is:
| 26 |
| (A) authorized by the Department of State Police to | 27 |
| receive the type of
information released; and
| 28 |
| (B) approved by the Department to receive the type | 29 |
| of
information released;
| 30 |
| confidential information generated from computer records that | 31 |
| identifies
practitioners who are prescribing or dispensing | 32 |
| large quantities of a
Schedule II controlled
substance as | 33 |
| determined by the Advisory Committee created by Section 320.
| 34 |
| (g) The information described in subsection (f) may not be |
|
|
|
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| 1 |
| released until it
has been reviewed by an employee of the | 2 |
| Department who is licensed as a
prescriber or a dispenser
and | 3 |
| until that employee has certified
that further investigation is | 4 |
| warranted. However, failure to comply with this
subsection (g) | 5 |
| does not invalidate the use of any evidence that is otherwise
| 6 |
| admissible in a proceeding described in subsection (h).
| 7 |
| (h) An investigator or a law enforcement officer receiving | 8 |
| confidential
information under subsection (c), (d), or (f) may | 9 |
| disclose the information to a
law enforcement officer or an | 10 |
| attorney for the office of the Attorney General
for use as | 11 |
| evidence in the following:
| 12 |
| (1) A proceeding under any State or federal law that | 13 |
| involves a
Schedule II controlled substance.
| 14 |
| (2) A criminal proceeding or a proceeding in juvenile | 15 |
| court that involves
a Schedule II controlled substance.
| 16 |
| (i) The Department may compile statistical reports from the
| 17 |
| information described in subsection (a). The reports must not | 18 |
| include
information that identifies , by name, license or | 19 |
| address, any practitioner, dispenser, ultimate user, or other | 20 |
| person
administering a controlled substance.
| 21 |
| (j) Based upon federal, initial and maintenance funding, a | 22 |
| prescriber and dispenser inquiry system shall be developed to | 23 |
| assist the medical community in its goal of effective clinical | 24 |
| practice and to prevent patients from diverting or abusing | 25 |
| medications.
| 26 |
| (1) An inquirer shall have only access to a stand-alone | 27 |
| database which shall contain records for the previous 6 | 28 |
| months. | 29 |
| (2) Dispensers may, upon positive and secure | 30 |
| identification, make an inquiry on a patient or customer | 31 |
| solely for a healthcare treatment as delineated with the | 32 |
| federal Health Insurance Portability and Accountability | 33 |
| Act of 1996. | 34 |
| (3) The Department shall provide a one-to-one secure |
|
|
|
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| 1 |
| link and encrypted software necessary to establish the link | 2 |
| between an inquirer and the Department. Technical | 3 |
| assistance shall also be provided. | 4 |
| (4) Written inquires are acceptable but must include | 5 |
| the requestor's state and Drug Enforcement Administration | 6 |
| license numbers and must be submitted upon the requestor's | 7 |
| business stationary. | 8 |
| (5) The Department shall establish, by rule, the | 9 |
| specific inquiry process and work with the Prescription | 10 |
| Drug Advisory Committee to develop a secure process which | 11 |
| minimizes the expense to the Department as well as to | 12 |
| prescribers and dispensers. | 13 |
| (6) No data shall be stored in the database beyond 6 | 14 |
| months. | 15 |
| (7) Nothing in this Act shall be construed to require | 16 |
| or establish any standard mandating any prescriber or | 17 |
| dispenser to utilize the prescriber and dispenser inquiry | 18 |
| system.
| 19 |
| (Source: P.A. 91-576, eff. 4-1-00.)
| 20 |
| (720 ILCS 570/319)
| 21 |
| Sec. 319. Rules. The Department must adopt rules under the | 22 |
| Illinois
Administrative
Procedure Act to
implement Sections | 23 |
| 316 through
318, including the following:
| 24 |
| (1) Information collection and retrieval procedures | 25 |
| for the central
repository, including the Schedule II
| 26 |
| controlled substances to be included in
the program
| 27 |
| required under
Section 316.
| 28 |
| (2) Design for the creation of the database required | 29 |
| under Section
317.
| 30 |
| (3) Requirements for the development and installation | 31 |
| of on-line
electronic access by the Department to | 32 |
| information collected by the
central repository.
| 33 |
| (Source: P.A. 91-576, eff. 4-1-00.)
|
|
|
|
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| 1 |
| (720 ILCS 570/320)
| 2 |
| Sec. 320. Advisory committee.
| 3 |
| (a) The Secretary of Human Services must appoint an | 4 |
| advisory committee to
assist the Department in implementing the | 5 |
| Schedule II controlled substance
prescription
monitoring | 6 |
| program created by
Section 316 of this Act.
The Advisory | 7 |
| Committee consists of prescribers and dispensers.
| 8 |
| (b) The Secretary of Human Services must determine the | 9 |
| number of members to
serve on the advisory committee. The | 10 |
| Secretary must choose one of the members
of the advisory | 11 |
| committee to serve as chair of the committee.
| 12 |
| (c) The advisory committee may appoint its other officers | 13 |
| as it deems
appropriate.
| 14 |
| (d) The members of the advisory committee shall receive no | 15 |
| compensation for
their services as members of the advisory | 16 |
| committee but may be reimbursed for
their actual expenses | 17 |
| incurred in serving on the advisory committee.
| 18 |
| (Source: P.A. 91-576, eff. 4-1-00.)
| 19 |
| (720 ILCS 570/405) (from Ch. 56 1/2, par. 1405)
| 20 |
| Sec. 405. (a) Any person who engages in a calculated | 21 |
| criminal drug
conspiracy, as defined in subsection (b), is | 22 |
| guilty of a Class X felony.
The fine for violation of this | 23 |
| Section shall not be more than $500,000, and
the offender shall | 24 |
| be subject to the forfeitures prescribed in subsection
(c).
| 25 |
| (b) For purposes of this section, a person engages in a | 26 |
| calculated
criminal drug conspiracy when:
| 27 |
| (1) he or she violates any of the provisions of | 28 |
| subsection
(a) or (c) of
Section 401 or subsection (a) of | 29 |
| Section 402; and
| 30 |
| (2) such violation is a part of a conspiracy undertaken | 31 |
| or carried
on with two or more other persons; and
| 32 |
| (3) he or she obtains anything of value greater than |
|
|
|
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| 1 |
| $500 from, or
organizes, directs or finances such violation | 2 |
| or conspiracy.
| 3 |
| (c) Any person who is convicted under this section of | 4 |
| engaging in a
calculated criminal drug conspiracy shall forfeit | 5 |
| to the State of
Illinois:
| 6 |
| (1) the receipts obtained by him or her in such | 7 |
| conspiracy; and
| 8 |
| (2) any of his or her interests in, claims against, | 9 |
| receipts from, or
property or rights of any kind affording | 10 |
| a source of influence over,
such conspiracy.
| 11 |
| (d) The circuit court may enter such injunctions, | 12 |
| restraining
orders, directions or prohibitions, or to take such | 13 |
| other actions,
including the acceptance of satisfactory | 14 |
| performance bonds, in
connection with any property, claim, | 15 |
| receipt, right or other interest
subject to forfeiture under | 16 |
| this Section, as it deems proper.
| 17 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 18 |
| (720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1)
| 19 |
| Sec. 405.1. (a) Elements of the offense. A person commits | 20 |
| criminal
drug conspiracy when, with the intent that an offense | 21 |
| set forth in Section
401, Section 402, or Section 407 of this | 22 |
| Act
be committed, he or she agrees with another to the | 23 |
| commission of that offense. No
person may be convicted of | 24 |
| conspiracy to commit such an offense unless an
act in | 25 |
| furtherance of such agreement is alleged and proved to have | 26 |
| been
committed by him or her or by a co-conspirator.
| 27 |
| (b) Co-conspirators. It shall not be a defense to | 28 |
| conspiracy that the
person or persons with whom the accused is | 29 |
| alleged to have conspired:
| 30 |
| (1) Has not been prosecuted or convicted, or
| 31 |
| (2) Has been convicted of a different offense, or
| 32 |
| (3) Is not amenable to justice, or
| 33 |
| (4) Has been acquitted, or
|
|
|
|
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| (5) Lacked the capacity to commit an offense.
| 2 |
| (c) Sentence. A person convicted of criminal drug | 3 |
| conspiracy may be
fined or imprisoned or both, but any term of | 4 |
| imprisonment imposed shall be
not less than the minimum nor | 5 |
| more than the maximum
provided for the offense which is the | 6 |
| object of the conspiracy.
| 7 |
| (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
| 8 |
| (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| 9 |
| Sec. 410. (a) Whenever any person who has not previously | 10 |
| been convicted
of, or placed on probation or court supervision | 11 |
| for any offense under this
Act or any law of the United States | 12 |
| or of any State relating to cannabis
or controlled substances, | 13 |
| pleads guilty to or is found guilty of possession
of a | 14 |
| controlled or counterfeit substance under subsection (c) of | 15 |
| Section
402, the court, without entering a judgment and with | 16 |
| the consent of such
person, may sentence him or her to | 17 |
| probation.
| 18 |
| (b) When a person is placed on probation, the court shall | 19 |
| enter an order
specifying a period of probation of 24 months | 20 |
| and shall defer further
proceedings in the case until the | 21 |
| conclusion of the period or until the
filing of a petition | 22 |
| alleging violation of a term or condition of probation.
| 23 |
| (c) The conditions of probation shall be that the person: | 24 |
| (1) not
violate any criminal statute of any jurisdiction; (2) | 25 |
| refrain from
possessing a firearm or other dangerous weapon; | 26 |
| (3) submit to periodic drug
testing at a time and in a manner | 27 |
| as ordered by the court, but no less than 3
times during the | 28 |
| period of the probation, with the cost of the testing to be
| 29 |
| paid by the probationer; and (4) perform no less than 30 hours | 30 |
| of community
service, provided community service is available | 31 |
| in the jurisdiction and is
funded
and approved by the county | 32 |
| board.
| 33 |
| (d) The court may, in addition to other conditions, require |
|
|
|
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| 1 |
| that the person:
| 2 |
| (1) make a report to and appear in person before or | 3 |
| participate with the
court or such courts, person, or | 4 |
| social service agency as directed by the
court in the order | 5 |
| of probation;
| 6 |
| (2) pay a fine and costs;
| 7 |
| (3) work or pursue a course of study or vocational
| 8 |
| training;
| 9 |
| (4) undergo medical or psychiatric treatment; or | 10 |
| treatment or
rehabilitation approved by the Illinois | 11 |
| Department of Human Services;
| 12 |
| (5) attend or reside in a facility established for the | 13 |
| instruction or
residence of defendants on probation;
| 14 |
| (6) support his or her dependents;
| 15 |
| (6-5) refrain from having in his or her body the | 16 |
| presence of any illicit
drug prohibited by the Cannabis | 17 |
| Control Act, the Illinois Controlled
Substances Act, or the | 18 |
| Methamphetamine Control and Community Protection Act, | 19 |
| unless prescribed by a physician, and submit samples of
his | 20 |
| or her blood or urine or both for tests to determine the | 21 |
| presence of any
illicit drug;
| 22 |
| (7) and in addition, if a minor:
| 23 |
| (i) reside with his or her parents or in a foster | 24 |
| home;
| 25 |
| (ii) attend school;
| 26 |
| (iii) attend a non-residential program for youth;
| 27 |
| (iv) contribute to his or her own support at home | 28 |
| or in a foster home.
| 29 |
| (e) Upon violation of a term or condition of probation, the | 30 |
| court
may enter a judgment on its original finding of guilt and | 31 |
| proceed as
otherwise provided.
| 32 |
| (f) Upon fulfillment of the terms and conditions of | 33 |
| probation, the court
shall discharge the person and dismiss the | 34 |
| proceedings against him or her .
|
|
|
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| (g) A disposition of probation is considered to be a | 2 |
| conviction
for the purposes of imposing the conditions of | 3 |
| probation and for appeal,
however, discharge and dismissal | 4 |
| under this Section is not a conviction for
purposes of this Act | 5 |
| or for purposes of disqualifications or disabilities
imposed by | 6 |
| law upon conviction of a crime.
| 7 |
| (h) There may be only one discharge and dismissal under | 8 |
| this Section,
Section 10 of the Cannabis Control Act, or | 9 |
| Section 70 of the Methamphetamine Control and Community | 10 |
| Protection Act with respect to any person.
| 11 |
| (i) If a person is convicted of an offense under this Act, | 12 |
| the Cannabis
Control Act, or the Methamphetamine Control and | 13 |
| Community Protection Act within 5 years
subsequent to a | 14 |
| discharge and dismissal under this Section, the discharge and
| 15 |
| dismissal under this Section shall be admissible in the | 16 |
| sentencing proceeding
for that conviction
as evidence in | 17 |
| aggravation.
| 18 |
| (Source: P.A. 94-556, eff. 9-11-05.)
| 19 |
| (720 ILCS 570/501) (from Ch. 56 1/2, par. 1501)
| 20 |
| Sec. 501. (a) It is hereby made the duty of the Department | 21 |
| of Financial and
Professional Regulation and the Department of | 22 |
| State Police, and their
agents, officers, and investigators, to | 23 |
| enforce all
provisions of this Act, except those specifically | 24 |
| delegated, and to cooperate
with all agencies charged with the | 25 |
| enforcement of the laws of the United
States, or of any State, | 26 |
| relating to controlled substances. Only an agent,
officer, or | 27 |
| investigator designated by the Director may: (1)
for the | 28 |
| purpose of inspecting, copying, and verifying the correctness | 29 |
| of
records, reports or other documents required to be kept or | 30 |
| made under this Act
and otherwise facilitating the execution of | 31 |
| the functions of the Department of Financial and
Professional | 32 |
| Regulation or the Department of State Police, be
authorized in | 33 |
| accordance with this Section to enter controlled premises
and |
|
|
|
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| 1 |
| to conduct administrative inspections thereof and of the things
| 2 |
| specified; or (2) execute and serve administrative inspection | 3 |
| notices,
warrants, subpoenas, and summonses under the | 4 |
| authority of this State.
Any inspection or administrative entry | 5 |
| of persons licensed by the
Department shall be made in | 6 |
| accordance with subsection (bb) of Section
30-5 of the | 7 |
| Alcoholism and Other Drug Abuse and
Dependency Act and the | 8 |
| rules and regulations promulgated thereunder.
| 9 |
| (b) Administrative entries and inspections designated in
| 10 |
| clause (1) of subsection (a) shall be carried out through | 11 |
| agents,
officers, investigators and peace officers | 12 |
| (hereinafter referred to as
"inspectors") designated by the | 13 |
| Director. Any inspector, upon stating
his or her purpose and | 14 |
| presenting to the owner, operator, or agent in
charge of the | 15 |
| premises (1) appropriate credentials and (2) a
written notice | 16 |
| of his or her inspection authority (which notice, in the
case | 17 |
| of an inspection requiring or in fact supported by an | 18 |
| administrative
inspection warrant, shall consist of that
| 19 |
| warrant), shall have the right to enter the premises and | 20 |
| conduct
the inspection at reasonable times.
| 21 |
| Inspectors appointed by the Director under this Section 501 | 22 |
| are
conservators of the peace and as such have all the powers | 23 |
| possessed by
policemen in cities and by sheriffs, except that | 24 |
| they may exercise such
powers anywhere in the State.
| 25 |
| (c) Except as may otherwise be indicated in an applicable | 26 |
| inspection
warrant, the inspector shall have the right:
| 27 |
| (1) to inspect and copy records, reports and other | 28 |
| documents
required to be kept or made under this Act;
| 29 |
| (2) to inspect, within reasonable limits and in a | 30 |
| reasonable
manner, controlled premises and all pertinent | 31 |
| equipment, finished and
unfinished drugs and other | 32 |
| substances or materials, containers and
labeling found | 33 |
| therein, and all other things therein (including
records, | 34 |
| files, papers, processes, controls and facilities) |
|
|
|
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| 1 |
| appropriate
for verification of the records, reports and | 2 |
| documents referred to in
item (1) or otherwise bearing on | 3 |
| the provisions of this Act;
and
| 4 |
| (3) to inventory any stock of any controlled substance.
| 5 |
| (d) Except when the owner, operator, or agent in charge of | 6 |
| the
controlled premises so consents in writing, no inspection | 7 |
| authorized by
this Section shall extend to:
| 8 |
| (1) financial data;
| 9 |
| (2) sales data other than shipment data; or
| 10 |
| (3) pricing data.
| 11 |
| Any inspection or administrative entry of persons licensed | 12 |
| by the
Department shall be made in accordance with subsection | 13 |
| (bb) of Section
30-5 of the Alcoholism and Other Drug Abuse and
| 14 |
| Dependency Act and the rules and regulations
promulgated
| 15 |
| thereunder.
| 16 |
| (e) Any agent, officer, investigator or peace officer | 17 |
| designated by
the Director may (1) make seizure of
property | 18 |
| pursuant to the provisions of this Act; and (2) perform such
| 19 |
| other law enforcement duties as the Director shall designate. | 20 |
| It is
hereby made the duty of all State's Attorneys to | 21 |
| prosecute violations of
this Act and institute legal | 22 |
| proceedings as authorized under this Act.
| 23 |
| (Source: P.A. 88-670, eff. 12-2-94; 89-202, eff. 10-1-95.)
| 24 |
| (720 ILCS 570/501.1) (from Ch. 56 1/2, par. 1501.1)
| 25 |
| Sec. 501.1. Administrative Procedure Act. The Illinois | 26 |
| Administrative
Procedure Act is hereby expressly adopted and | 27 |
| incorporated herein, but shall
apply only to the Department of | 28 |
| Financial and Professional Regulation, as if all of the
| 29 |
| provisions of that Act were included in this Act, except that | 30 |
| the provision of
subsection (d) of Section 10-65 of the | 31 |
| Illinois Administrative Procedure Act
which provides that at | 32 |
| hearings the licensee has the right to show compliance
with all | 33 |
| lawful requirements for retention, continuation or renewal of |
|
|
|
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| 1 |
| the
license is specifically excluded. For the purposes of this | 2 |
| Act the notice
required under Section 10-25 of the Illinois | 3 |
| Administrative Procedure Act is
deemed sufficient when mailed | 4 |
| to the last known address of a party.
| 5 |
| (Source: P.A. 88-45.)
| 6 |
| (720 ILCS 570/507) (from Ch. 56 1/2, par. 1507)
| 7 |
| Sec. 507. All rulings, final determinations, findings, and | 8 |
| conclusions of
the Department of State Police, the Department | 9 |
| of Financial and Professional Regulation, and
the Department of | 10 |
| Human Services of the State of Illinois under this Act are
| 11 |
| final and
conclusive decisions of the matters involved. Any | 12 |
| person aggrieved by the
decision may obtain review of the | 13 |
| decision pursuant to the provisions of
the Administrative | 14 |
| Review Law, as amended and the rules adopted pursuant
thereto. | 15 |
| Pending final decision on such review, the acts, orders
and | 16 |
| rulings of the Department shall remain in full force and effect | 17 |
| unless
modified or suspended by order of court pending final | 18 |
| judicial decision.
Pending final decision on such review, the | 19 |
| acts, orders, sanctions and rulings
of the Department of | 20 |
| Financial and Professional Regulation regarding any | 21 |
| registration
shall remain in full force and effect, unless | 22 |
| stayed by order of court.
However, no stay of any decision of | 23 |
| the administrative agency shall issue
unless the person | 24 |
| aggrieved by the decision establishes by a preponderance
of the | 25 |
| evidence that good cause exists therefor. In determining good | 26 |
| cause,
the court shall find that the aggrieved party has | 27 |
| established a substantial
likelihood of prevailing on the | 28 |
| merits and that granting the stay will not
have an injurious | 29 |
| effect on the general public. Good cause shall not be
| 30 |
| established solely on the basis of hardships resulting from an | 31 |
| inability
to engage in the registered activity pending a final | 32 |
| judicial decision.
| 33 |
| (Source: P.A. 89-507, eff. 7-1-97.)
|
|
|
|
09400HB5542ham001 |
- 51 - |
LRB094 15524 RLC 56671 a |
|
| 1 |
| Section 99. Effective date. This Act takes effect July 1, | 2 |
| 2006.".
|
|