Illinois General Assembly - Full Text of HB0118
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Full Text of HB0118  95th General Assembly


Sen. John M. Sullivan

Filed: 5/8/2007





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2     AMENDMENT NO. ______. Amend House Bill 118 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Illinois Dental Practice Act is amended by
5 adding Section 11.5 as follows:
6     (225 ILCS 25/11.5 new)
7     Sec. 11.5. Underserved population dental license pilot
8 program.
9     (a) The Department shall create an underserved population
10 dental license pilot program under which it shall issue
11 underserved population dental licenses to persons who are
12 graduates of a dental education program in a country other than
13 the United States or its territories or Canada and who hold a
14 current, valid license or authorization to practice dentistry
15 in a country other than the United States or its territories or
16 Canada.



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1     (b) Persons holding underserved population dental licenses
2 may practice only in federally-designated dental health
3 professional shortage areas located in this State and must meet
4 each of the following qualifications:
5         (1) He or she must be a United States citizen or a
6     lawfully-admitted alien.
7         (2) He or she must be at least 21 years of age and of
8     good moral character.
9         (3) He or she must pass an examination authorized or
10     given by the Department in the theory and practice of the
11     science of dentistry, provided that the Department (i) may
12     recognize a certificate granted by the National Board of
13     Dental Examiners in lieu of or subject to such examination,
14     as may be required and (ii) may recognize the successful
15     completion of the clinical examination conducted by
16     approved regional testing services in lieu of such
17     examinations, as may be required. For the purposes of this
18     item (3), "successful completion" means that the applicant
19     has achieved a minimum passing score on the regional
20     examinations, as determined by each approved regional
21     testing service.
22         (4) He or she must present satisfactory evidence of the
23     completion of dental education by graduation from a dental
24     college or school outside of the United States or Canada
25     and provide satisfactory evidence that he or she has
26     achieved the same level of scientific knowledge and



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1     clinical competence as required of all graduates of the
2     college, school, or advanced dental education program.
3     (c) In determining an applicant's professional capacity
4 for licensure under the pilot program, an individual who (i)
5 has not been actively engaged in the practice of dentistry,
6 (ii) has not been a dental student, or (iii) has not been
7 engaged in a formal program of dental education during the 5
8 years immediately preceding the filing of an application may be
9 required to complete such additional testing, training, or
10 remedial education as the Board may deem necessary to establish
11 the applicant's present capacity to practice dentistry with
12 reasonable judgment, skill, and safety.
13     (d) All candidates for licensure under the pilot program
14 must be certified by the Department. The Department may
15 contract with outside consultants or a national professional
16 organization to survey and evaluate candidates. Such
17 consultant or organization shall report to the Department
18 regarding its findings.
19     (e) An applicant for licensure under the pilot program who
20 has graduated from a dental education program outside of the
21 United States or Canada or its territories and whose first
22 language is not English must submit certification of passage of
23 the Test of English as a Foreign Language (TOEFL), as defined
24 by rule. The Department may, upon recommendation of the
25 certifying body, waive the requirement that the applicant pass
26 the TOEFL examination if the applicant submits verification of



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1 the successful completion of a dental education program
2 conducted in English.
3     (f) Underserved population dental licensees must agree to
4 provide all allowable services under the dental programs
5 administered by the Department of Healthcare and Family
6 Services, including the Medicaid Program and the Covering ALL
7 KIDS Health Insurance Program. These allowable services
8 include without limitation preventative treatments,
9 endodontics, and crown and bridge work. An underserved
10 population dental licensee may not refuse to treat a patient
11 eligible under dental programs administered by the Department
12 of Healthcare and Family Services.
13     (g) An underserved population dental license shall be
14 automatically revoked if the licensee ceases to practice in the
15 federally-designated dental health professional shortage area.
16 An applicant must commit to practice under an underserved
17 population dental license for a period of 5 years. No more than
18 50 underserved population dental licenses may be active at one
19 time.
20     (h) An underserved population dental licensee must be
21 supervised by a supervising dentist. The supervising dentist
22 shall be the primary dentist who, within his or her expertise,
23 may delegate a variety of tasks and procedures and may delegate
24 prescriptive authority to the underserved dental population
25 licensee. These tasks and procedures must be delegated within
26 established guidelines and the supervising dentist shall



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1 maintain the final responsibility for the care of all patients
2 and the performance of the underserved population dental
3 licensee. Underserved population dental licensees may be
4 supervised only by dentists, as defined in this Act, who are
5 engaged in clinical practice or in clinical practice in public
6 health or other community health facilities. Each supervising
7 dentist shall file a notice of supervision of an underserved
8 population dental licensee, as established by rule.
9     An underserved population dental licensee may be employed
10 by a practice group or other entity employing multiple dentists
11 at one or more locations. In that case, one of the dentists
12 practicing at a location shall be designated the supervising
13 dentist. The other dentists with that practice group or other
14 entity who practice in the same general type of practice or
15 specialty as the supervising dentist may supervise the
16 underserved population dental licensees with respect to their
17 patients without being deemed alternate supervising dentists
18 for the purposes of this Section.
19     Nothing in this Section shall be construed to limit the
20 delegation of tasks or duties by a dentist to an underserved
21 dental population licensee or other appropriately trained
22 personnel.
23     Nothing in this Section shall be construed to prohibit the
24 employment of underserved population dental licensees by a
25 health care facility where such licensees function under the
26 supervision of a supervising dentist. Duties of each



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1 underserved population dental licensee are limited to those
2 within the scope of practice of the supervising dentist who is
3 fully responsible for all underserved dental population
4 licensee activities.
5     (i) Beginning 5 years after the effective date of this
6 amendatory Act of the 95th General Assembly, no new licenses
7 may be issued under the pilot program.
8     (j) The Department shall adopt all rules necessary for the
9 administration of this Section.
10     Section 10. The Illinois Controlled Substances Act is
11 amended by changing Section 102 as follows:
12     (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
13     Sec. 102. Definitions. As used in this Act, unless the
14 context otherwise requires:
15     (a) "Addict" means any person who habitually uses any drug,
16 chemical, substance or dangerous drug other than alcohol so as
17 to endanger the public morals, health, safety or welfare or who
18 is so far addicted to the use of a dangerous drug or controlled
19 substance other than alcohol as to have lost the power of self
20 control with reference to his addiction.
21     (b) "Administer" means the direct application of a
22 controlled substance, whether by injection, inhalation,
23 ingestion, or any other means, to the body of a patient,
24 research subject, or animal (as defined by the Humane



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1 Euthanasia in Animal Shelters Act) by:
2         (1) a practitioner (or, in his presence, by his
3     authorized agent),
4         (2) the patient or research subject at the lawful
5     direction of the practitioner, or
6         (3) a euthanasia technician as defined by the Humane
7     Euthanasia in Animal Shelters Act.
8     (c) "Agent" means an authorized person who acts on behalf
9 of or at the direction of a manufacturer, distributor, or
10 dispenser. It does not include a common or contract carrier,
11 public warehouseman or employee of the carrier or warehouseman.
12     (c-1) "Anabolic Steroids" means any drug or hormonal
13 substance, chemically and pharmacologically related to
14 testosterone (other than estrogens, progestins, and
15 corticosteroids) that promotes muscle growth, and includes:
16             (i) boldenone,
17             (ii) chlorotestosterone,
18             (iii) chostebol,
19             (iv) dehydrochlormethyltestosterone,
20             (v) dihydrotestosterone,
21             (vi) drostanolone,
22             (vii) ethylestrenol,
23             (viii) fluoxymesterone,
24             (ix) formebulone,
25             (x) mesterolone,
26             (xi) methandienone,



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1             (xii) methandranone,
2             (xiii) methandriol,
3             (xiv) methandrostenolone,
4             (xv) methenolone,
5             (xvi) methyltestosterone,
6             (xvii) mibolerone,
7             (xviii) nandrolone,
8             (xix) norethandrolone,
9             (xx) oxandrolone,
10             (xxi) oxymesterone,
11             (xxii) oxymetholone,
12             (xxiii) stanolone,
13             (xxiv) stanozolol,
14             (xxv) testolactone,
15             (xxvi) testosterone,
16             (xxvii) trenbolone, and
17             (xxviii) any salt, ester, or isomer of a drug or
18         substance described or listed in this paragraph, if
19         that salt, ester, or isomer promotes muscle growth.
20     Any person who is otherwise lawfully in possession of an
21 anabolic steroid, or who otherwise lawfully manufactures,
22 distributes, dispenses, delivers, or possesses with intent to
23 deliver an anabolic steroid, which anabolic steroid is
24 expressly intended for and lawfully allowed to be administered
25 through implants to livestock or other nonhuman species, and
26 which is approved by the Secretary of Health and Human Services



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1 for such administration, and which the person intends to
2 administer or have administered through such implants, shall
3 not be considered to be in unauthorized possession or to
4 unlawfully manufacture, distribute, dispense, deliver, or
5 possess with intent to deliver such anabolic steroid for
6 purposes of this Act.
7     (d) "Administration" means the Drug Enforcement
8 Administration, United States Department of Justice, or its
9 successor agency.
10     (e) "Control" means to add a drug or other substance, or
11 immediate precursor, to a Schedule under Article II of this Act
12 whether by transfer from another Schedule or otherwise.
13     (f) "Controlled Substance" means a drug, substance, or
14 immediate precursor in the Schedules of Article II of this Act.
15     (g) "Counterfeit substance" means a controlled substance,
16 which, or the container or labeling of which, without
17 authorization bears the trademark, trade name, or other
18 identifying mark, imprint, number or device, or any likeness
19 thereof, of a manufacturer, distributor, or dispenser other
20 than the person who in fact manufactured, distributed, or
21 dispensed the substance.
22     (h) "Deliver" or "delivery" means the actual, constructive
23 or attempted transfer of possession of a controlled substance,
24 with or without consideration, whether or not there is an
25 agency relationship.
26     (i) "Department" means the Illinois Department of Human



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1 Services (as successor to the Department of Alcoholism and
2 Substance Abuse) or its successor agency.
3     (j) "Department of State Police" means the Department of
4 State Police of the State of Illinois or its successor agency.
5     (k) "Department of Corrections" means the Department of
6 Corrections of the State of Illinois or its successor agency.
7     (l) "Department of Professional Regulation" means the
8 Department of Professional Regulation of the State of Illinois
9 or its successor agency.
10     (m) "Depressant" or "stimulant substance" means:
11         (1) a drug which contains any quantity of (i)
12     barbituric acid or any of the salts of barbituric acid
13     which has been designated as habit forming under section
14     502 (d) of the Federal Food, Drug, and Cosmetic Act (21
15     U.S.C. 352 (d)); or
16         (2) a drug which contains any quantity of (i)
17     amphetamine or methamphetamine and any of their optical
18     isomers; (ii) any salt of amphetamine or methamphetamine or
19     any salt of an optical isomer of amphetamine; or (iii) any
20     substance which the Department, after investigation, has
21     found to be, and by rule designated as, habit forming
22     because of its depressant or stimulant effect on the
23     central nervous system; or
24         (3) lysergic acid diethylamide; or
25         (4) any drug which contains any quantity of a substance
26     which the Department, after investigation, has found to



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



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1 components, parts, or accessories.
2     (t-5) "Euthanasia agency" means an entity certified by the
3 Department of Professional Regulation for the purpose of animal
4 euthanasia that holds an animal control facility license or
5 animal shelter license under the Animal Welfare Act. A
6 euthanasia agency is authorized to purchase, store, possess,
7 and utilize Schedule II nonnarcotic and Schedule III
8 nonnarcotic drugs for the sole purpose of animal euthanasia.
9     (t-10) "Euthanasia drugs" means Schedule II or Schedule III
10 substances (nonnarcotic controlled substances) that are used
11 by a euthanasia agency for the purpose of animal euthanasia.
12     (u) "Good faith" means the prescribing or dispensing of a
13 controlled substance by a practitioner in the regular course of
14 professional treatment to or for any person who is under his
15 treatment for a pathology or condition other than that
16 individual's physical or psychological dependence upon or
17 addiction to a controlled substance, except as provided herein:
18 and application of the term to a pharmacist shall mean the
19 dispensing of a controlled substance pursuant to the
20 prescriber's order which in the professional judgment of the
21 pharmacist is lawful. The pharmacist shall be guided by
22 accepted professional standards including, but not limited to
23 the following, in making the judgment:
24         (1) lack of consistency of doctor-patient
25     relationship,
26         (2) frequency of prescriptions for same drug by one



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1     prescriber for large numbers of patients,
2         (3) quantities beyond those normally prescribed,
3         (4) unusual dosages,
4         (5) unusual geographic distances between patient,
5     pharmacist and prescriber,
6         (6) consistent prescribing of habit-forming drugs.
7     (u-1) "Home infusion services" means services provided by a
8 pharmacy in compounding solutions for direct administration to
9 a patient in a private residence, long-term care facility, or
10 hospice setting by means of parenteral, intravenous,
11 intramuscular, subcutaneous, or intraspinal infusion.
12     (v) "Immediate precursor" means a substance:
13         (1) which the Department has found to be and by rule
14     designated as being a principal compound used, or produced
15     primarily for use, in the manufacture of a controlled
16     substance;
17         (2) which is an immediate chemical intermediary used or
18     likely to be used in the manufacture of such controlled
19     substance; and
20         (3) the control of which is necessary to prevent,
21     curtail or limit the manufacture of such controlled
22     substance.
23     (w) "Instructional activities" means the acts of teaching,
24 educating or instructing by practitioners using controlled
25 substances within educational facilities approved by the State
26 Board of Education or its successor agency.



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



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



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1 propagation, compounding, conversion or processing of a
2 controlled substance other than methamphetamine, either
3 directly or indirectly, by extraction from substances of
4 natural origin, or independently by means of chemical
5 synthesis, or by a combination of extraction and chemical
6 synthesis, and includes any packaging or repackaging of the
7 substance or labeling of its container, except that this term
8 does not include:
9         (1) by an ultimate user, the preparation or compounding
10     of a controlled substance for his own use; or
11         (2) by a practitioner, or his authorized agent under
12     his supervision, the preparation, compounding, packaging,
13     or labeling of a controlled substance:
14             (a) as an incident to his administering or
15         dispensing of a controlled substance in the course of
16         his professional practice; or
17             (b) as an incident to lawful research, teaching or
18         chemical analysis and not for sale.
19     (z-1) (Blank).
20     (aa) "Narcotic drug" means any of the following, whether
21 produced directly or indirectly by extraction from substances
22 of natural origin, or independently by means of chemical
23 synthesis, or by a combination of extraction and chemical
24 synthesis:
25         (1) opium and opiate, and any salt, compound,
26     derivative, or preparation of opium or opiate;



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1         (2) any salt, compound, isomer, derivative, or
2     preparation thereof which is chemically equivalent or
3     identical with any of the substances referred to in clause
4     (1), but not including the isoquinoline alkaloids of opium;
5         (3) opium poppy and poppy straw;
6         (4) coca leaves and any salts, compound, isomer, salt
7     of an isomer, derivative, or preparation of coca leaves
8     including cocaine or ecgonine, and any salt, compound,
9     isomer, derivative, or preparation thereof which is
10     chemically equivalent or identical with any of these
11     substances, but not including decocainized coca leaves or
12     extractions of coca leaves which do not contain cocaine or
13     ecgonine (for the purpose of this paragraph, the term
14     "isomer" includes optical, positional and geometric
15     isomers).
16     (bb) "Nurse" means a registered nurse licensed under the
17 Nursing and Advanced Practice Nursing Act.
18     (cc) (Blank).
19     (dd) "Opiate" means any substance having an addiction
20 forming or addiction sustaining liability similar to morphine
21 or being capable of conversion into a drug having addiction
22 forming or addiction sustaining liability.
23     (ee) "Opium poppy" means the plant of the species Papaver
24 somniferum L., except its seeds.
25     (ff) "Parole and Pardon Board" means the Parole and Pardon
26 Board of the State of Illinois or its successor agency.



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1     (gg) "Person" means any individual, corporation,
2 mail-order pharmacy, government or governmental subdivision or
3 agency, business trust, estate, trust, partnership or
4 association, or any other entity.
5     (hh) "Pharmacist" means any person who holds a certificate
6 of registration as a registered pharmacist, a local registered
7 pharmacist or a registered assistant pharmacist under the
8 Pharmacy Practice Act of 1987.
9     (ii) "Pharmacy" means any store, ship or other place in
10 which pharmacy is authorized to be practiced under the Pharmacy
11 Practice Act of 1987.
12     (jj) "Poppy straw" means all parts, except the seeds, of
13 the opium poppy, after mowing.
14     (kk) "Practitioner" means a physician licensed to practice
15 medicine in all its branches, dentist, podiatrist,
16 veterinarian, scientific investigator, pharmacist, physician
17 assistant, advanced practice nurse, licensed practical nurse,
18 registered nurse, hospital, laboratory, or pharmacy, or other
19 person licensed, registered, or otherwise lawfully permitted
20 by the United States or this State to distribute, dispense,
21 conduct research with respect to, administer or use in teaching
22 or chemical analysis, a controlled substance in the course of
23 professional practice or research.
24     (ll) "Pre-printed prescription" means a written
25 prescription upon which the designated drug has been indicated
26 prior to the time of issuance.



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1     (mm) "Prescriber" means a physician licensed to practice
2 medicine in all its branches, dentist, podiatrist or
3 veterinarian who issues a prescription, a physician assistant
4 who issues a prescription for a Schedule III, IV, or V
5 controlled substance in accordance with Section 303.05 and the
6 written guidelines required under Section 7.5 of the Physician
7 Assistant Practice Act of 1987, or an advanced practice nurse
8 with prescriptive authority in accordance with Section 303.05
9 and a written collaborative agreement under Sections 15-15 and
10 15-20 of the Nursing and Advanced Practice Nursing Act, or an
11 underserved dental population licensee with prescriptive
12 authority in accordance with Section 11.5 of the Illinois
13 Dental Practice Act.
14     (nn) "Prescription" means a lawful written, facsimile, or
15 verbal order of a physician licensed to practice medicine in
16 all its branches, dentist, podiatrist or veterinarian for any
17 controlled substance, of a physician assistant for a Schedule
18 III, IV, or V controlled substance in accordance with Section
19 303.05 and the written guidelines required under Section 7.5 of
20 the Physician Assistant Practice Act of 1987, or of an advanced
21 practice nurse who issues a prescription for a Schedule III,
22 IV, or V controlled substance in accordance with Section 303.05
23 and a written collaborative agreement under Sections 15-15 and
24 15-20 of the Nursing and Advanced Practice Nursing Act.
25     (oo) "Production" or "produce" means manufacture,
26 planting, cultivating, growing, or harvesting of a controlled



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1 substance other than methamphetamine.
2     (pp) "Registrant" means every person who is required to
3 register under Section 302 of this Act.
4     (qq) "Registry number" means the number assigned to each
5 person authorized to handle controlled substances under the
6 laws of the United States and of this State.
7     (rr) "State" includes the State of Illinois and any state,
8 district, commonwealth, territory, insular possession thereof,
9 and any area subject to the legal authority of the United
10 States of America.
11     (ss) "Ultimate user" means a person who lawfully possesses
12 a controlled substance for his own use or for the use of a
13 member of his household or for administering to an animal owned
14 by him or by a member of his household.
15 (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03;
16 94-556, eff. 9-11-05.)
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.".