Full Text of HB0127 95th General Assembly
HB0127ham004 95TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 1/9/2008
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| AMENDMENT TO HOUSE BILL 127
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| AMENDMENT NO. ______. Amend House Bill 127, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Regulatory Sunset Act is amended by | 6 |
| changing Sections 4.18 and 4.19b as follows:
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| (5 ILCS 80/4.18)
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| Sec. 4.18. Acts repealed January 1, 2008 and December 31, | 9 |
| 2008. (a) The following Acts
are repealed on January 1, 2008: | 10 |
| The Structural Pest Control Act.
(b) The following Acts are | 11 |
| repealed on December 31, 2008: | 12 |
| The Medical Practice Act of 1987. | 13 |
| The Environmental Health Practitioner Licensing Act.
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| (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; | 15 |
| 94-1085, eff. 1-19-07; 95-187, eff. 8-16-07; 95-235, eff. | 16 |
| 8-17-07; 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-639, |
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| eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, eff. 10-29-07; | 2 |
| 95-703, eff. 12-31-07; revised 1-7-08.)
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| (5 ILCS 80/4.19b)
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| Sec. 4.19b. Acts Act repealed on January 1, 2009 and | 5 |
| December 31, 2009 . | 6 |
| (a) The following Act is repealed on January 1, 2009: | 7 |
| The Interpreters for the Deaf Act. | 8 |
| (b) The following Act is repealed on December 31, 2009: | 9 |
| The Structural Pest Control Act.
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| (Source: P.A. 95-617, eff. 9-12-07.)
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| Section 10. The Nurse Practice Act is amended by changing | 12 |
| Section 65-40 as follows:
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| (225 ILCS 65/65-40)
(was 225 ILCS 65/15-20)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 65-40. Prescriptive authority.
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| (a) A collaborating
physician or podiatrist may, but is not | 17 |
| required to, delegate
prescriptive authority to an advanced | 18 |
| practice
nurse as part of a written collaborative agreement. | 19 |
| This authority may, but is
not required to, include
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| prescription of, selection of, orders for, administration of, | 21 |
| storage of, acceptance of samples of, and dispensing over the | 22 |
| counter medications, legend drugs, medical gases, and | 23 |
| controlled
substances categorized as
any Schedule III through , |
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| III-N, IV,
or V controlled substances, as defined in Article II | 2 |
| of the
Illinois Controlled Substances Act, and other | 3 |
| preparations, including, but not limited to, botanical and | 4 |
| herbal remedies. The collaborating physician or podiatrist | 5 |
| must have a valid current Illinois controlled substance license | 6 |
| and federal registration to delegate authority to prescribe | 7 |
| delegated controlled substances.
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| (b) To prescribe controlled
substances under this Section, | 9 |
| an advanced practice
nurse must obtain a mid-level practitioner | 10 |
| controlled substance license.
Medication orders shall be
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| reviewed
periodically by the collaborating physician or | 12 |
| podiatrist.
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| (c) The collaborating physician or podiatrist shall file | 14 |
| with the
Department notice of delegation of prescriptive | 15 |
| authority
and
termination of such delegation, in accordance | 16 |
| with rules of the Department.
Upon receipt of this notice | 17 |
| delegating authority to prescribe any Schedule III through ,
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| III-N, IV, or V controlled substances, the licensed advanced | 19 |
| practice nurse shall be
eligible to register for a mid-level | 20 |
| practitioner controlled substance license
under Section 303.05 | 21 |
| of the Illinois Controlled Substances Act.
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| (d) In addition to the requirements of subsections (a), | 23 |
| (b), and (c) of this Section, a collaborating physician may, | 24 |
| but is not required to, delegate authority to an advanced | 25 |
| practice nurse to prescribe any Schedule II or II-N controlled | 26 |
| substances, if all of the following conditions apply: |
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| (1) No more than 5 Schedule II or II-N controlled | 2 |
| substances by oral dosage may be delegated. | 3 |
| (2) Any delegation must be controlled substances that | 4 |
| the collaborating physician prescribes. | 5 |
| (3) Any prescription must be limited to no more than a | 6 |
| 30-day oral dosage, with any continuation authorized only | 7 |
| after prior approval of the collaborating physician. | 8 |
| (4) The advanced practice nurse must discuss the | 9 |
| condition of any patients for whom a controlled substance | 10 |
| is prescribed monthly with the delegating physician.
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| (e) Nothing in this Act shall be construed to limit the | 12 |
| delegation of tasks
or duties by a physician to a licensed | 13 |
| practical nurse, a registered
professional nurse, or other | 14 |
| persons.
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| (Source: P.A. 95-639, eff. 10-5-07.)
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| Section 15. The Pharmacy Practice Act is amended by | 17 |
| changing Section 4 as follows:
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| (225 ILCS 85/4) (from Ch. 111, par. 4124)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 4. Exemptions. Nothing contained in any Section of | 21 |
| this Act shall
apply
to, or in any manner interfere with:
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| (a) the lawful practice of any physician licensed to | 23 |
| practice medicine in
all of its branches, dentist, podiatrist,
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| veterinarian, or therapeutically or diagnostically certified |
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| optometrist within
the limits of
his or her license, or prevent | 2 |
| him or her from
supplying to his
or her
bona fide patients
such | 3 |
| drugs, medicines, or poisons as may seem to him appropriate;
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| (b) the sale of compressed gases;
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| (c) the sale of patent or proprietary medicines and | 6 |
| household remedies
when sold in original and unbroken packages | 7 |
| only, if such patent or
proprietary medicines and household | 8 |
| remedies be properly and adequately
labeled as to content and | 9 |
| usage and generally considered and accepted
as harmless and | 10 |
| nonpoisonous when used according to the directions
on the | 11 |
| label, and also do not contain opium or coca leaves, or any
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| compound, salt or derivative thereof, or any drug which, | 13 |
| according
to the latest editions of the following authoritative | 14 |
| pharmaceutical
treatises and standards, namely, The United | 15 |
| States Pharmacopoeia/National
Formulary (USP/NF), the United | 16 |
| States Dispensatory, and the Accepted
Dental Remedies of the | 17 |
| Council of Dental Therapeutics of the American
Dental | 18 |
| Association or any or either of them, in use on the effective
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| date of this Act, or according to the existing provisions of | 20 |
| the Federal
Food, Drug, and Cosmetic Act and Regulations of the | 21 |
| Department of Health
and Human Services, Food and Drug | 22 |
| Administration, promulgated thereunder
now in effect, is | 23 |
| designated, described or considered as a narcotic,
hypnotic, | 24 |
| habit forming, dangerous, or poisonous drug;
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| (d) the sale of poultry and livestock remedies in original | 26 |
| and unbroken
packages only, labeled for poultry and livestock |
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| medication;
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| (e) the sale of poisonous substances or mixture of | 3 |
| poisonous substances,
in unbroken packages, for nonmedicinal | 4 |
| use in the arts or industries
or for insecticide purposes; | 5 |
| provided, they are properly and adequately
labeled as to | 6 |
| content and such nonmedicinal usage, in conformity
with the | 7 |
| provisions of all applicable federal, state and local laws
and | 8 |
| regulations promulgated thereunder now in effect relating | 9 |
| thereto
and governing the same, and those which are required | 10 |
| under such applicable
laws and regulations to be labeled with | 11 |
| the word "Poison", are also labeled
with the word "Poison" | 12 |
| printed
thereon in prominent type and the name of a readily | 13 |
| obtainable antidote
with directions for its administration;
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| (f) the delegation of limited prescriptive authority by a | 15 |
| physician
licensed to
practice medicine in all its branches to | 16 |
| a physician assistant
under Section 7.5 of the Physician | 17 |
| Assistant Practice Act of 1987. This
delegated authority under | 18 |
| Section 7.5 of the Physician Assistant Practice Act of 1987 may | 19 |
| but is not required to include prescription of
controlled | 20 |
| substances, as defined in Article II of the
Illinois Controlled | 21 |
| Substances Act, in accordance with written guidelines; and
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| (g) The delegation of prescriptive authority by a physician
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| licensed to practice medicine in all its branches or a licensed | 24 |
| podiatrist to an advanced practice
nurse in accordance with a | 25 |
| written collaborative
agreement under Sections Section 65-35 | 26 |
| and 65-40 of the Nurse Practice Act. This authority, which is |
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| delegated under Section 65-40 of the Nurse Practice Act, may | 2 |
| but is not required to
include the prescription of Schedule | 3 |
| III, IV, or V controlled substances as
defined
in Article II of | 4 |
| the Illinois Controlled Substances Act.
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| (Source: P.A. 95-639, eff. 10-5-07 .)
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| Section 20. The Structural Pest Control Act is amended by | 7 |
| adding Section 26 as follows: | 8 |
| (225 ILCS 235/26 new)
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| Sec. 26. Continuation of Act; validation. | 10 |
| (a) The General Assembly finds and declares that: | 11 |
| (1) Public Act 94-754, which became effective on May | 12 |
| 10, 2006, changed the repeal date set for the Structural | 13 |
| Pest Control Act within the Regulatory Sunset Act from | 14 |
| January 1, 2007 to January 1, 2008. | 15 |
| (2) The Statute on Statutes sets forth general
rules on | 16 |
| the repeal of statutes and the construction of
multiple | 17 |
| amendments, but Section 1 of that Act also
states that | 18 |
| these rules will not be observed when the
result would be | 19 |
| "inconsistent with the manifest intent of
the General | 20 |
| Assembly or repugnant to the context of the
statute". | 21 |
| (3) This amendatory Act of the 95th General Assembly | 22 |
| manifests
the intention of the General Assembly to remove | 23 |
| the current repealer of the Structural Pest Control Act set | 24 |
| forth in the Regulatory Sunset Act and have the Structural |
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| Pest Control Act continue in effect
beyond January 1, 2008. | 2 |
| (4) The Structural Pest Control
Act was originally | 3 |
| enacted to protect, promote, and preserve the public health | 4 |
| and general welfare. Any construction of subsection (a) of | 5 |
| Section 4.18 of the Regulatory Sunset Act that results in
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| the repeal of the Structural Pest Control Act on January 1, | 7 |
| 2008 would be
inconsistent with the manifest intent of the | 8 |
| General
Assembly and repugnant to the context of the | 9 |
| Regulatory Sunset Act and the Structural Pest Control Act, | 10 |
| and
would create serious potential risks to the health and
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| safety of the people of Illinois. | 12 |
| (b) It is hereby declared to have been the intent of the
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| General Assembly that the Structural Pest Control Act not be | 14 |
| subject to repeal on January 1,
2008. | 15 |
| (c) The Structural Pest Control Act
shall be deemed to have | 16 |
| been in continuous effect since May 10, 2006 (the effective | 17 |
| date of Public Act 94-754), and it shall continue to be in | 18 |
| effect henceforward
until it is otherwise lawfully repealed. | 19 |
| All previously
enacted amendments to the Act taking effect on | 20 |
| or after
January 1, 2008, are hereby validated. | 21 |
| (d) All actions taken in reliance on or pursuant to the
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| Structural Pest Control Act by the Department of Public Health | 23 |
| or any other person or entity are
hereby validated. | 24 |
| (e) In order to ensure the continuing effectiveness of
the | 25 |
| Structural Pest Control Act, it is set forth in full and | 26 |
| re-enacted by this
amendatory Act of the 95th General Assembly. |
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| This re-enactment is intended as a
continuation of the Act. It | 2 |
| is not intended to supersede any
amendment to the Act that is | 3 |
| enacted by the 95th General
Assembly. | 4 |
| (f) The Structural Pest Control Act applies to all | 5 |
| claims, civil actions, and
proceedings pending on or filed on | 6 |
| or before the effective
date of this Act.
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| Section 25. The Structural Pest Control Act is re-enacted | 8 |
| as follows:
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| (225 ILCS 235/Act title) (Structural Pest Control Act.)
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| An Act to license and regulate structural pest control | 11 |
| operators and
certify pest control technicians, to make certain | 12 |
| exemptions for the State
and its political subdivisions and to | 13 |
| provide penalties for the violation
thereof.
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| (225 ILCS 235/1) (from Ch. 111 1/2, par. 2201)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 1. Short title). This Act shall be known and may be | 17 |
| cited as the
"Structural Pest Control Act".
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| (Source: P.A. 82-725 .)
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| (225 ILCS 235/2) (from Ch. 111 1/2, par. 2202)
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| (Section scheduled to be repealed on January 1, 2008) | 21 |
| Sec. 2. Legislative intent. It is declared that there | 22 |
| exists and
may in the future exist within the State of Illinois
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| locations where pesticides are received, stored,
formulated or | 2 |
| prepared and subsequently used for the control
of structural | 3 |
| pests, and improper selection, formulation and
application of | 4 |
| pesticides may
adversely affect the public health and general | 5 |
| welfare.
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| It is further established that the use of certain | 7 |
| pesticides is
restricted or may in the future be restricted to | 8 |
| use only by or
under the supervision of persons certified in | 9 |
| accordance with this Act.
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| It is recognized that pests can best be controlled through | 11 |
| an integrated
pest management program that combines preventive | 12 |
| techniques, nonchemical
pest control methods, and the | 13 |
| appropriate use of pesticides with preference
for products that | 14 |
| are the least harmful to human health and the
environment. | 15 |
| Integrated pest management is a good practice in the
management | 16 |
| of pest populations,
and it is prudent to employ pest control | 17 |
| strategies that are the least
hazardous to human health and the | 18 |
| environment.
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| Therefore, the purpose of this Act is to protect, promote | 20 |
| and
preserve the public health and general welfare by providing | 21 |
| for the
establishment of minimum standards for selection, | 22 |
| formulation and
application of restricted pesticides and to | 23 |
| provide for the
licensure of commercial structural pest control | 24 |
| businesses,
the registration of persons who own or operate | 25 |
| non-commercial
structural pest control locations where | 26 |
| restricted pesticides
are used, and the certification of pest |
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| control technicians.
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| It is also the purpose of this Act to reduce economic, | 3 |
| health, and
environmental risks by promoting the use of | 4 |
| integrated
pest management for structural pest control in | 5 |
| schools and day care centers,
by making
guidelines on | 6 |
| integrated pest management available to schools and day care
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| centers.
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| (Source: P.A. 93-381, eff. 7-1-04 .)
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| (225 ILCS 235/3) (from Ch. 111 1/2, par. 2203)
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| (Section scheduled to be repealed on January 1, 2008) | 11 |
| Sec. 3. Definitions. As used in this Act, unless the | 12 |
| context
otherwise requires, the terms specified in Sections | 13 |
| 3.01 through 3.27
have the meanings ascribed to them in those | 14 |
| Sections.
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| (Source: P.A. 93-381, eff. 7-1-04 .)
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| (225 ILCS 235/3.01) (from Ch. 111 1/2, par. 2203.01)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 3.01. "Department" means the Department of Public | 19 |
| Health. | 20 |
| (Source: P.A. 82-725 .)
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| (225 ILCS 235/3.02) (from Ch. 111 1/2, par. 2203.02)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 3.02. "Director" means the Director of Public Health. |
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| (Source: P.A. 82-725 .)
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| (225 ILCS 235/3.03) (from Ch. 111 1/2, par. 2203.03)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 3.03. "Person" means any individual, group of | 5 |
| individuals,
association, trust, partnership, corporation, | 6 |
| person doing business
under an assumed name, the State of | 7 |
| Illinois, or department thereof,
any other state-owned and | 8 |
| operated institution, or any other entity.
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| (Source: P.A. 82-725 .)
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| (225 ILCS 235/3.04) (from Ch. 111 1/2, par. 2203.04)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 3.04. "Commercial Structural Pest Control Business
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| Location" means any location at or from which any person
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| advertises or contracts to perform structural pest control
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| services for hire or where a person is
engaged or employed by | 16 |
| that business to perform the services,
store materials, keep | 17 |
| records, or perform other pertinent
activities, for the purpose | 18 |
| of operating a structural pest
control business at that | 19 |
| business location, but does not
include locations which exist | 20 |
| solely for the purpose of
accepting telephone calls and | 21 |
| messages on behalf of the licensee.
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| (Source: P.A. 83-825 .)
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| (225 ILCS 235/3.05) (from Ch. 111 1/2, par. 2203.05)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 3.05. "Licensee" means a person licensed in accordance | 3 |
| with this Act. | 4 |
| (Source: P.A. 82-725 .)
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| (225 ILCS 235/3.06) (from Ch. 111 1/2, par. 2203.06)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 3.06. "Certified Technician" means an individual who | 8 |
| has met the
qualifications set forth under Section 5 of this | 9 |
| Act.
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| (Source: P.A. 82-725 .)
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| (225 ILCS 235/3.07) (from Ch. 111 1/2, par. 2203.07)
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| (Section scheduled to be repealed on January 1, 2008)
| 13 |
| Sec. 3.07. "Pests" include arthropods (insects, spiders, | 14 |
| mites, ticks
and related pests), wood infesting organisms, | 15 |
| rats, mice, nuisance birds
and any other obnoxious or | 16 |
| undesirable animals in, on or under
structures, but does not | 17 |
| include bacteria or other micro-organisms on or
in living man | 18 |
| or other living animals.
| 19 |
| (Source: P.A. 84-362 .)
| 20 |
| (225 ILCS 235/3.08) (from Ch. 111 1/2, par. 2203.08)
| 21 |
| (Section scheduled to be repealed on January 1, 2008)
| 22 |
| Sec. 3.08. "Structure" means any edifice, building or other
| 23 |
| constructed entity including the contents
therein, any patio or |
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| terrace connected thereto and the land on which it is situated,
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| and including any portion of land within the given | 3 |
| proprietorship which
might constitute a potential harborage | 4 |
| for pests which could affect the
edifice or building or its | 5 |
| contents, any portion of land upon which work
has begun for the | 6 |
| erection of an edifice, any vehicle used as a common carrier,
| 7 |
| any dock, wharf, railroad siding or refuse area.
| 8 |
| (Source: P.A. 85-227 .)
| 9 |
| (225 ILCS 235/3.09) (from Ch. 111 1/2, par. 2203.09)
| 10 |
| (Section scheduled to be repealed on January 1, 2008)
| 11 |
| Sec. 3.09. "Structural Pest Control" means and includes the | 12 |
| on-site
identification of an infestation in, on or under a | 13 |
| structure or the
use of any method or device or the application | 14 |
| of any substance to prevent,
repel, mitigate, curb, control or | 15 |
| eradicate any pest in, on or under a
structure or within a part | 16 |
| of, or materials used in building, a structure;
the use of any | 17 |
| pesticide, including insecticides, fungicides and other
wood | 18 |
| treatment products, attractants, repellents, rodenticides, | 19 |
| fumigants
or mechanical devices for preventing, controlling, | 20 |
| eradicating, identifying,
mitigating, diminishing or curbing | 21 |
| insects, vermin, rats, mice or other pests in,
on or under a | 22 |
| structure or within a part of, or materials used in
building, a | 23 |
| structure; vault
fumigation and fumigation of box cars, trucks, | 24 |
| ships,
airplanes, docks, warehouses and common carriers or | 25 |
| soliciting to perform
any of the foregoing functions.
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| (Source: P.A. 85-227 .)
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| (225 ILCS 235/3.11) (from Ch. 111 1/2, par. 2203.11)
| 3 |
| (Section scheduled to be repealed on January 1, 2008)
| 4 |
| Sec. 3.11. "Commercial Structural Pest Control Business" | 5 |
| means any
business in the course of which any person advertises | 6 |
| or contracts to
perform structural pest control services on | 7 |
| property under the ownership
or control of another in exchange | 8 |
| for any consideration.
| 9 |
| (Source: P.A. 82-725 .)
| 10 |
| (225 ILCS 235/3.12) (from Ch. 111 1/2, par. 2203.12)
| 11 |
| (Section scheduled to be repealed on January 1, 2008)
| 12 |
| Sec. 3.12. "Non-commercial Structural Pest Control" means
| 13 |
| structural pest control performed by a person who is not,
and | 14 |
| is not employed by, a commercial structural pest control | 15 |
| business.
| 16 |
| (Source: P.A. 82-725 .)
| 17 |
| (225 ILCS 235/3.13) (from Ch. 111 1/2, par. 2203.13)
| 18 |
| (Section scheduled to be repealed on January 1, 2008)
| 19 |
| Sec. 3.13. "Non-commercial Structural Pest Control
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| Location" means any location from which a person, who is
not | 21 |
| engaged in commercial structural pest control, performs
| 22 |
| structural pest control activities which are confined to
| 23 |
| structures directly associated with the activity, business,
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| product or service of such person.
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| (Source: P.A. 82-725 .)
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| (225 ILCS 235/3.14) (from Ch. 111 1/2, par. 2203.14)
| 4 |
| (Section scheduled to be repealed on January 1, 2008)
| 5 |
| Sec. 3.14. "Restricted Pesticide" means any substance or
| 6 |
| mixture of substances intended for preventing, destroying,
| 7 |
| repelling, or mitigating any pest, the use of which has been
| 8 |
| categorized as restricted under subparagraph (C) of paragraph
| 9 |
| (l) of subsection (d) of Section 3 of the Federal
Insecticide, | 10 |
| Fungicide, Rodenticide Act as amended or under
the Illinois | 11 |
| Pesticide Act.
| 12 |
| (Source: P.A. 85-177 .)
| 13 |
| (225 ILCS 235/3.15) (from Ch. 111 1/2, par. 2203.15)
| 14 |
| (Section scheduled to be repealed on January 1, 2008)
| 15 |
| Sec. 3.15. "Registrant" means a person registered in
| 16 |
| accordance with the provisions of this Act.
| 17 |
| (Source: P.A. 82-725 .)
| 18 |
| (225 ILCS 235/3.16) (from Ch. 111 1/2, par. 2203.16)
| 19 |
| (Section scheduled to be repealed on January 1, 2008)
| 20 |
| Sec. 3.16. "Supervision" means the direction and | 21 |
| management
by certified personnel of the activities of | 22 |
| non-certified
personnel in use and storage of general use or | 23 |
| restricted pesticides.
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| (Source: P.A. 83-1452 .)
| 2 |
| (225 ILCS 235/3.17) (from Ch. 111 1/2, par. 2203.17)
| 3 |
| (Section scheduled to be repealed on January 1, 2008)
| 4 |
| Sec. 3.17. "Sub-category" means a specific area of pest
| 5 |
| control in which a pest control technician may be separately
| 6 |
| certified as specified by this Act or by rule promulgated | 7 |
| thereunder.
| 8 |
| (Source: P.A. 82-725 .)
| 9 |
| (225 ILCS 235/3.18) (from Ch. 111 1/2, par. 2203.18)
| 10 |
| (Section scheduled to be repealed on January 1, 2008)
| 11 |
| Sec. 3.18. "Planned Use Inspection" means an inspection of | 12 |
| a certified
or non-certified technician to observe the | 13 |
| procedures for preparation,
application and disposal of | 14 |
| pesticides to ensure that they are performed in
accordance with | 15 |
| this Act, the "Illinois Pesticide Act", as amended, the
| 16 |
| "Environmental Protection Act", as amended, the rules and | 17 |
| regulations of
the Illinois Pollution Control Board, and other | 18 |
| applicable State law.
| 19 |
| (Source: P.A. 85-177 .)
| 20 |
| (225 ILCS 235/3.19) (from Ch. 111 1/2, par. 2203.19)
| 21 |
| (Section scheduled to be repealed on January 1, 2008)
| 22 |
| Sec. 3.19. "Label" means the written, printed or graphic | 23 |
| matter on or
attached to the pesticide or device or any of its |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| containers or wrappings.
| 2 |
| (Source: P.A. 83-825 .)
| 3 |
| (225 ILCS 235/3.20) (from Ch. 111 1/2, par. 2203.20)
| 4 |
| (Section scheduled to be repealed on January 1, 2008)
| 5 |
| Sec. 3.20. "Labeling" means the label and all other | 6 |
| written, printed
or graphic matters: (a) on the pesticide or | 7 |
| device or any of its containers
or wrappings, (b) accompanying | 8 |
| the pesticide or device or referring to it
in any other media | 9 |
| used to disseminate information to the public, (c) to
which | 10 |
| reference is made to the pesticide or device except when | 11 |
| references
are made to current official publications of the U. | 12 |
| S. Environmental Protection
Agency, Departments of | 13 |
| Agriculture, Health and Human Services or other federal
| 14 |
| Government institutions, the State experiment station or | 15 |
| colleges of agriculture
or other similar state institutions | 16 |
| authorized to conduct research in the
field of pesticides.
| 17 |
| (Source: P.A. 83-825 .)
| 18 |
| (225 ILCS 235/3.21) (from Ch. 111 1/2, par. 2203.21)
| 19 |
| (Section scheduled to be repealed on January 1, 2008)
| 20 |
| Sec. 3.21. "FIFRA" means the "Federal Insecticide, | 21 |
| Fungicide and Rodenticide Act". | 22 |
| (Source: P.A. 83-825 .)
| 23 |
| (225 ILCS 235/3.22) (from Ch. 111 1/2, par. 2203.22)
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2008)
| 2 |
| Sec. 3.22. "General Use Pesticide" means any substance or | 3 |
| mixture of
substances intended for preventing, destroying, | 4 |
| repelling or mitigating
any pest, as defined in Section 3.07 of | 5 |
| this Act, the use of which has
been categorized as general | 6 |
| under subparagraph
(B) of paragraph (l) of subsection (d) of | 7 |
| Section
3 of FIFRA.
| 8 |
| (Source: P.A. 83-1452 .)
| 9 |
| (225 ILCS 235/3.23) (from Ch. 111 1/2, par. 2203.23)
| 10 |
| (Section scheduled to be repealed on January 1, 2008)
| 11 |
| Sec. 3.23. "USEPA" means the United States Environmental | 12 |
| Protection Agency. | 13 |
| (Source: P.A. 83-825 .)
| 14 |
| (225 ILCS 235/3.24) (from Ch. 111 1/2, par. 2203.24)
| 15 |
| (Section scheduled to be repealed on January 1, 2008)
| 16 |
| Sec. 3.24. "Device" means any instrument or contrivance, | 17 |
| other than
a firearm or equipment for application of pesticides | 18 |
| when sold separately
from pesticides, which is intended for | 19 |
| trapping, repelling, destroying,
or mitigating any pest, other | 20 |
| than bacteria, virus, or other microorganisms
on or living in | 21 |
| man or other living animals.
| 22 |
| (Source: P.A. 83-825 .)
| 23 |
| (225 ILCS 235/3.25) (from Ch. 111 1/2, par. 2203.25)
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2008)
| 2 |
| Sec. 3.25. "Integrated pest management" is defined as a | 3 |
| pest management
system that includes the following elements:
| 4 |
| (a) identifying pests and their natural enemies;
| 5 |
| (b) establishing an ongoing monitoring and recordkeeping | 6 |
| system for
regular sampling and assessment of pest and natural | 7 |
| enemy populations;
| 8 |
| (c) determining the pest population levels that can be | 9 |
| tolerated based
on aesthetic, economic, and health concerns, | 10 |
| and setting action thresholds
where pest populations or | 11 |
| environmental conditions warrant remedial action;
| 12 |
| (d) the prevention of pest problems through improved | 13 |
| sanitation,
management of waste, addition of physical | 14 |
| barriers, and the modification of
habitats that attract or | 15 |
| harbor pests;
| 16 |
| (e) reliance to the greatest extent possible on nontoxic, | 17 |
| biological,
cultural or mechanical pest management methods, or | 18 |
| on the use of natural control agents;
| 19 |
| (f) when necessary, the use of chemical pesticides, with | 20 |
| preference
for products that are the least harmful to human | 21 |
| health and the environment; and
| 22 |
| (g) recordkeeping and reporting of pest populations, | 23 |
| surveillance
techniques, and remedial actions taken.
| 24 |
| (Source: P.A. 87-1106 .)
| 25 |
| (225 ILCS 235/3.26)
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2008)
| 2 |
| Sec. 3.26. "School" means any structure used as a public | 3 |
| school in this
State.
| 4 |
| (Source: P.A. 91-525, eff. 8-1-00 .)
| 5 |
| (225 ILCS 235/3.27)
| 6 |
| (Section scheduled to be repealed on January 1, 2008)
| 7 |
| Sec. 3.27. "Day care center" means any structure used as a | 8 |
| licensed day care
center in this State.
| 9 |
| (Source: P.A. 93-381, eff. 7-1-04 .)
| 10 |
| (225 ILCS 235/4) (from Ch. 111 1/2, par. 2204)
| 11 |
| (Section scheduled to be repealed on January 1, 2008)
| 12 |
| Sec. 4. Licensing requirements). | 13 |
| (a) It shall be unlawful for any person
to engage in a | 14 |
| commercial structural pest control business at any location
in | 15 |
| this State after October 21, 1977, unless such person is | 16 |
| licensed by
the Department. A person shall have a separate | 17 |
| license for each commercial
structural pest control business | 18 |
| location. It shall also be unlawful for
any person to engage in | 19 |
| a commercial pest control business in Illinois from
any | 20 |
| location outside this State unless such person is licensed by | 21 |
| this Department.
The licensee may use its state identification | 22 |
| number in all forms of advertising.
| 23 |
| (b) It shall be unlawful for any person who owns or | 24 |
| operates a non-commercial
structural pest control location to |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| engage in non-commercial structural
pest control using | 2 |
| restricted pesticides in this State after October 21,
1977, | 3 |
| unless registered by the Department.
| 4 |
| (c) No person shall be licensed or registered as a | 5 |
| commercial
or non-commercial structural pest control business | 6 |
| at any
location without complying with the certification | 7 |
| requirements as prescribed
in Section 5 of this Act.
| 8 |
| (d) If a licensee or registrant changes its location of | 9 |
| operation during
the year of issuance, the Department shall be | 10 |
| notified in writing of the
new location within 15 days. The | 11 |
| license or registration shall be surrendered
and a replacement | 12 |
| issued for a fee of $10.
| 13 |
| (e) All licenses and registrations issued under this Act | 14 |
| shall expire
on December 31 of the year issued, except that an | 15 |
| original license or registration
issued after October 1 and | 16 |
| before December 31 shall expire on December 31
of the following | 17 |
| year. A license or registration may be renewed by making
| 18 |
| application on a form prescribed by the Department and by | 19 |
| paying
the fee required by this Act. Renewal applications shall | 20 |
| be filed with
the Department prior to December 1 of each year.
| 21 |
| (f) No license or registration shall be transferable from | 22 |
| one person to another.
| 23 |
| (Source: P.A. 83-825 .)
| 24 |
| (225 ILCS 235/5) (from Ch. 111 1/2, par. 2205)
| 25 |
| (Section scheduled to be repealed on January 1, 2008)
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| Sec. 5. Certification requirements. No individual shall | 2 |
| apply any
general use or restricted pesticide while engaged in | 3 |
| commercial structural
pest control in this State unless | 4 |
| certified, or supervised by someone who
is certified, by the | 5 |
| Department in accordance with this Section.
| 6 |
| No individual shall apply any restricted pesticide while | 7 |
| engaged in
non-commercial structural pest control in this State | 8 |
| unless certified, or
supervised by someone who is certified, by | 9 |
| the Department in accordance
with this Section. In addition, | 10 |
| any individual at any non-commercial
structural pest control | 11 |
| location using general use pesticides shall comply
with the | 12 |
| labeling requirements of the pesticides used at that location.
| 13 |
| Each commercial structural pest control location shall be | 14 |
| required to
employ at least one certified technician at each | 15 |
| location. In addition,
each non-commercial structural pest | 16 |
| control location utilizing restricted
pesticides shall be | 17 |
| required to employ at least one certified technician at
each | 18 |
| location. Individuals who are not certified technicians may | 19 |
| work
under the supervision of a certified technician employed | 20 |
| at the commercial
or non-commercial location who shall be | 21 |
| responsible for their pest control
activities. Any technician | 22 |
| providing supervision for the use of restricted
pesticides must | 23 |
| be certified in the sub-category for which he is providing
| 24 |
| supervision.
| 25 |
| A. Any individual engaging in commercial structural pest | 26 |
| control and
utilizing general use pesticides shall meet the |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| following requirements:
| 2 |
| 1. He has a high school diploma or a GED certificate;
| 3 |
| 2. He has filed an original application, paid the
fee | 4 |
| required for examination, and successfully passed the
| 5 |
| General Standards examination.
| 6 |
| B. Any individual engaging in commercial or non-commercial | 7 |
| structural
pest control and utilizing restricted pesticides in | 8 |
| any one of the
sub-categories in Section 7 of this Act shall | 9 |
| meet the following requirements:
| 10 |
| 1. He has a high school diploma or a GED certificate;
| 11 |
| 2. He has:
| 12 |
| a. six months of practical experience in one or
| 13 |
| more sub-categories in structural pest control; or
| 14 |
| b. successfully completed a minimum of 16 semester | 15 |
| hours,
or their equivalent, in entomology or related | 16 |
| fields from a
recognized college or university; or
| 17 |
| c. successfully completed a pest control course,
| 18 |
| approved by the Department, from a recognized | 19 |
| educational
institution or other entity.
| 20 |
| Each applicant shall have filed an original application and | 21 |
| paid the
fee required for examination. Every applicant who | 22 |
| successfully passes the
General Standards examination and at | 23 |
| least one sub-category examination
shall be certified in each | 24 |
| sub-category which he has successfully passed.
| 25 |
| A certified technician who wishes to be certified in
| 26 |
| sub-categories for which he has not been previously certified
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| may apply for any sub-category examination provided he meets | 2 |
| the
requirements set forth in this Section, files an original | 3 |
| application,
and pays the fee for examination.
| 4 |
| An applicant who fails to pass the General Standards | 5 |
| examination
or any sub-category examination may reapply for | 6 |
| that examination, provided
that he files an application and | 7 |
| pays the fee required for an original
examination. | 8 |
| Re-examination applications shall be on forms prescribed
by the | 9 |
| Department.
| 10 |
| (Source: P.A. 87-703 .)
| 11 |
| (225 ILCS 235/5.01) (from Ch. 111 l/2, par. 2205.01)
| 12 |
| (Section scheduled to be repealed on January 1, 2008)
| 13 |
| Sec. 5.01. Upon the payment of the required fee, an | 14 |
| applicant
who is certified in another state, may, without | 15 |
| examination, be
granted a certificate as a certified structural | 16 |
| pest control
technician by the Department in those | 17 |
| sub-categories for which
he has been certified by another | 18 |
| state, provided that the
Department finds that the requirements | 19 |
| for certification of
structural pest control technicians in | 20 |
| that state were, at the
date of certification, substantially | 21 |
| equal to the requirements
then in force in this State and | 22 |
| provided that the same
privilege of certification is similarly | 23 |
| granted by said
state to technicians certified by the State of | 24 |
| Illinois.
| 25 |
| (Source: P.A. 82-725 .)
|
|
|
|
09500HB0127ham004 |
- 26 - |
LRB095 03945 RAS 42559 a |
|
| 1 |
| (225 ILCS 235/5.02) (from Ch. 111 1/2, par. 2205.02)
| 2 |
| (Section scheduled to be repealed on January 1, 2008)
| 3 |
| Sec. 5.02. Upon submission of an application and the | 4 |
| required fee, a structural
pest control technician certified or | 5 |
| licensed as a structural pest control
technician by another | 6 |
| state is eligible for and may be issued
an Illinois structural | 7 |
| pest control technician's certificate upon successful
| 8 |
| completion of the examination administered in accordance with | 9 |
| the provisions
of this Act, provided that the state in which | 10 |
| the applicant is certified
or licensed has license or | 11 |
| certification requirements substantially equal
to those of the | 12 |
| State of Illinois and does not have a reciprocal agreement
with | 13 |
| the State of Illinois.
| 14 |
| (Source: P.A. 82-725 .)
| 15 |
| (225 ILCS 235/6) (from Ch. 111 1/2, par. 2206)
| 16 |
| (Section scheduled to be repealed on January 1, 2008)
| 17 |
| Sec. 6. Certificate renewal). A certified technician's
| 18 |
| certificate shall be valid for a period of 3 years and must be
| 19 |
| renewed by January 1 of each third year. A certificate may be
| 20 |
| renewed by application upon a form prescribed by the | 21 |
| Department,
provided that the certified technician furnishes | 22 |
| evidence that
he has attended during the 3 year period,
a | 23 |
| minimum of 9 classroom hours, in increments of 3 hours or more, | 24 |
| of training at Department approved pest control training |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| seminars and pays
the fee required by this Act. Renewal | 2 |
| applications shall be
filed with the Department prior to | 3 |
| December 1 preceding the date
of expiration.
| 4 |
| Certified technician's certificates are not transferable | 5 |
| from
one person to another person, and no licensee or | 6 |
| registrant
shall use the certificate of a certified technician | 7 |
| to secure
or hold a license or registration unless the holder | 8 |
| of such
certificate is actively engaged in the direction of | 9 |
| pest
control operations of the licensee or registrant.
| 10 |
| A certified technician who has not renewed his certificate | 11 |
| for
a period of not more than one year after its
expiration may | 12 |
| secure a renewal upon payment of the renewal fee, late filing | 13 |
| charge
and the furnishing of evidence of training as may
be | 14 |
| required by the Department. If a technician has not renewed
his | 15 |
| certificate for a period of more than one year after its
| 16 |
| expiration, he shall file an application for examination, pay
| 17 |
| all required fees, and successfully pass the examination before
| 18 |
| his certificate is renewed.
| 19 |
| (Source: P.A. 93-922, eff. 1-1-05 .)
| 20 |
| (225 ILCS 235/7) (from Ch. 111 1/2, par. 2207)
| 21 |
| (Section scheduled to be repealed on January 1, 2008)
| 22 |
| Sec. 7. Written examination required). Applications for | 23 |
| examination
shall be in the form prescribed by the Department | 24 |
| and shall be
accompanied by the required fee. The Department | 25 |
| shall conduct
written examinations at least 4 times each year |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| and may require a
practical demonstration by each applicant.
| 2 |
| The written examination shall be prepared from suggested study | 3 |
| materials.
| 4 |
| All applicants shall be tested and required to attain a | 5 |
| passing grade
on a General Standards examination which | 6 |
| evaluates their general
knowledge of
label and labeling | 7 |
| comprehension, safety, environment, equipment,
application | 8 |
| techniques, laws and regulations, and pests and pesticides.
| 9 |
| Applicants who pass the General Standards examination may also, | 10 |
| if
qualified, be examined in any one or more of the
other | 11 |
| sub-categories
in which they desire to use restricted | 12 |
| pesticides:
| 13 |
| (a) Insects (excluding termites and other wood
destroying | 14 |
| organisms), rodents and other pests including those pests in | 15 |
| food
manufacturing, food processing, food storage and grain | 16 |
| handling;
| 17 |
| (b) Termites and other wood destroying organisms;
| 18 |
| (c) Bird control;
| 19 |
| (d) Fumigation;
| 20 |
| (e) Food manufacturing, food processing and food storage | 21 |
| facilities;
| 22 |
| (f) Institutional and multi-unit residential housing pest | 23 |
| control;
| 24 |
| (g) Public health pest control; and
| 25 |
| (h) Wood products pest control, which includes the | 26 |
| application of
restricted use wood treatment pesticides by |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| individuals working for
commercial wood treatment companies or | 2 |
| non-commercial wood
treatment plants using pressure, as well as | 3 |
| nonpressure, treatment methods
to control or prevent wood | 4 |
| degradation by wood destroying organisms which
include but are | 5 |
| not limited to insects, and by fungi or bacteria which
cause | 6 |
| surface molding, surface staining, sap staining, brown rot, | 7 |
| white rot
and soft rot.
| 8 |
| An applicant who is examined and certified in | 9 |
| sub-categories (a),
(b), (c), (d) and (h) shall be qualified to | 10 |
| use restricted pesticides in
performing structural pest | 11 |
| control activities in commercial and
non-commercial structural | 12 |
| pest control in those sub-categories in which
he has been | 13 |
| certified.
| 14 |
| An applicant who is examined and certified in | 15 |
| sub-categories (e),
(f), or (g) shall be permitted to apply | 16 |
| restricted pesticides only to
structures of the non-commercial | 17 |
| structural pest control registrant of
which he is an employee.
| 18 |
| (Source: P.A. 85-227 .)
| 19 |
| (225 ILCS 235/8) (from Ch. 111 1/2, par. 2208)
| 20 |
| (Section scheduled to be repealed on January 1, 2008)
| 21 |
| Sec. 8. Change of certified technician). When the
licensee | 22 |
| or registrant is without a certified technician
the licensee or | 23 |
| registrant shall notify the Director in writing within 7
days
| 24 |
| and shall employ a technician certified in accordance with | 25 |
| Section 5 of
this Act no later than 45 days from the time the |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| position of
certified technician becomes vacant. All | 2 |
| structural pest control operations shall be
suspended until | 3 |
| such time that the licensee or registrant obtains the
services | 4 |
| of a certified technician.
| 5 |
| (Source: P.A. 84-362 .)
| 6 |
| (225 ILCS 235/9) (from Ch. 111 1/2, par. 2209)
| 7 |
| (Section scheduled to be repealed on January 1, 2008)
| 8 |
| Sec. 9. Fees and required insurance. The fees required by | 9 |
| this Act
are as follows:
| 10 |
| (a) For an original license and each renewal - $100.
| 11 |
| (b) For an original registration and each renewal - | 12 |
| $50.
| 13 |
| (c) For each certificate renewal - $40.
| 14 |
| (d) For an application for examination including an | 15 |
| original
certificate - $40.
| 16 |
| (e) Any person who fails to file a renewal application | 17 |
| by the date of
expiration of a license, certification or | 18 |
| registration shall be assessed
a late filing charge of $75.
| 19 |
| (f) For duplicate copies of certificates, licenses or | 20 |
| registrations - $10.
| 21 |
| All fees shall be paid by check or money order. Any fee | 22 |
| required by this
Act is not refundable in the event that the | 23 |
| original application or
application for renewal is denied. | 24 |
| Every application for an original
license shall be accompanied | 25 |
| by a certificate of insurance issued by an
insurance company |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| authorized to do business in the State of Illinois or by
a risk | 2 |
| retention or purchasing group formed pursuant to the federal
| 3 |
| Liability Risk Retention Act of 1986, which provides primary, | 4 |
| first dollar
public liability coverage of the applicant or | 5 |
| licensee for personal
injuries for not less than $100,000 per | 6 |
| person, or $300,000 per occurrence,
and, in addition, for not | 7 |
| less than $50,000 per occurrence for property
damage, resulting | 8 |
| from structural pest control. The insurance policy shall
be in | 9 |
| effect at all times during the license year and a new | 10 |
| certificate of
insurance shall be filed with the Department | 11 |
| within 30 days after the
renewal of the insurance policy. | 12 |
| Applicants for registration or
registration renewal shall not | 13 |
| be required to provide evidence of public
liability insurance | 14 |
| coverage.
| 15 |
| All administrative civil fines and fees collected pursuant | 16 |
| to this
Act shall be deposited into the Pesticide Control Fund | 17 |
| established pursuant
to the Illinois Pesticide Act. The amount | 18 |
| annually collected as
administrative civil fines and fees shall | 19 |
| be appropriated by the
General Assembly to the Department for | 20 |
| the purposes of conducting a public
education program on the | 21 |
| proper use of pesticides and for other activities
related to | 22 |
| enforcement of this Act and the Illinois Pesticide Act.
| 23 |
| (Source: P.A. 87-703 .)
| 24 |
| (225 ILCS 235/10) (from Ch. 111 1/2, par. 2210)
| 25 |
| (Section scheduled to be repealed on January 1, 2008)
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| Sec. 10. Powers and duties of the Department). The | 2 |
| Department has
the following powers and duties:
| 3 |
| (a) To prescribe and furnish application forms, licenses,
| 4 |
| registrations, certificates and any other forms necessary
| 5 |
| under this Act;
| 6 |
| (b) To suspend, revoke or refuse to issue or renew
| 7 |
| registrations, licenses or certificates for cause;
| 8 |
| (c) To prescribe examinations which reasonably test the | 9 |
| knowledge of
the practical and scientific aspects of structural | 10 |
| pest control of an
applicant for certification as a certified | 11 |
| technician;
| 12 |
| (d) To conduct hearings concerning the suspension, | 13 |
| revocation or
refusal to issue or renew certificates, | 14 |
| registrations or licenses;
| 15 |
| (e) To promulgate rules and regulations necessary for the
| 16 |
| administration of this Act;
| 17 |
| (f) To prohibit the use of specific materials and methods | 18 |
| in the
application of pesticides when necessary to protect | 19 |
| health and property
or prevent injury to desirable plants and | 20 |
| animals, including
pollinating insects, birds and aquatic | 21 |
| life. In issuing such
regulations, the Director shall give | 22 |
| consideration to pertinent
research findings and to | 23 |
| recommendations of other agencies of
the State and of the | 24 |
| Federal government;
| 25 |
| (g) To conduct inspections, which may include planned use | 26 |
| inspections,
during business hours, the purpose
of which shall |
|
|
|
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| 1 |
| be reduced to writing, to determine satisfactory
compliance | 2 |
| with this Act, after consent of the person, licensee or
| 3 |
| registrant has been obtained or after an order for such
| 4 |
| inspection has been issued by the court;
| 5 |
| (h) To cause investigations to be made when the Department | 6 |
| has
reasonable grounds for believing that a violation of any
| 7 |
| provision of this Act or rules or regulations promulgated
| 8 |
| thereunder has occurred or is occurring; and
| 9 |
| (i) To conduct a public education program to improve | 10 |
| citizen awareness
and participation in the reporting of | 11 |
| pesticide misuse to better protect
the public from such | 12 |
| dangerous chemicals. Such program shall include, as a
minimum, | 13 |
| the dissemination of information to the public and the news | 14 |
| media
on the requirements of this Act and the Illinois | 15 |
| Pesticide Act and
the methods of reporting cases of
improper | 16 |
| pesticide application and use to the Department.
| 17 |
| (Source: P.A. 85-177 .)
| 18 |
| (225 ILCS 235/10.1) (from Ch. 111 1/2, par. 2210.1)
| 19 |
| (Section scheduled to be repealed on January 1, 2008)
| 20 |
| Sec. 10.1. Structural Pest Control Advisory Council. The | 21 |
| Governor shall
appoint a Structural Pest Control Advisory | 22 |
| Council consisting of 10 members
to consult with and advise the | 23 |
| Department. Their functions shall be to advise
the Department | 24 |
| in the preparation of rules necessary to carry out the
| 25 |
| provisions of the Act, offer suggestions for examination |
|
|
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| questions,
provide suggestions for the efficient | 2 |
| administration of the Act, develop
criteria for issuance of | 3 |
| administrative fines, and perform other duties as
may be | 4 |
| prescribed by the Director. Membership on the council shall be | 5 |
| as
follows:
| 6 |
| (a) One member shall be an Illinois certified | 7 |
| technician representing
the food industry.
| 8 |
| (b) One member shall be an Illinois certified | 9 |
| technician representing
a noncommercial industry other | 10 |
| than the food industry but regulated under
this Act.
| 11 |
| (c) Three members shall be Illinois certified | 12 |
| technicians representing
the commercial structural pest | 13 |
| control industry. To the extent possible,
these 3 members | 14 |
| shall represent a geographical balance in the State.
| 15 |
| (d) One member shall be a representative of a local | 16 |
| health department.
| 17 |
| (e) One member shall be a representative of an Illinois | 18 |
| college or
university with expertise in entomology, | 19 |
| biology, or chemistry as it
relates to structural pest | 20 |
| control.
| 21 |
| (f) One member shall be a member of the general public.
| 22 |
| (g) One member shall be a representative of an Illinois | 23 |
| chapter of a
national environmental, wildlife, or | 24 |
| conservation group or association.
| 25 |
| (h) One member shall be a representative of the | 26 |
| Illinois Department
of Agriculture.
|
|
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| The term of office for each member of the council shall be | 2 |
| 4 calendar
years with no representative serving more than 2 | 3 |
| consecutive terms.
| 4 |
| The Council shall be chaired by the Director, or his or her | 5 |
| authorized
representative, and shall meet at least twice | 6 |
| annually, or whenever a
majority of the council members vote to | 7 |
| hold a meeting to discuss their
duties as previously indicated.
| 8 |
| (Source: P.A. 87-703 .)
| 9 |
| (225 ILCS 235/10.2) (from Ch. 111 1/2, par. 2210.2)
| 10 |
| (Section scheduled to be repealed on January 1, 2008) | 11 |
| Sec. 10.2. Integrated pest management guidelines; | 12 |
| notification; training of designated persons; request for | 13 |
| copies.
| 14 |
| (a) The Department shall prepare guidelines for an | 15 |
| integrated pest
management program for structural pest control | 16 |
| practices at school
buildings and other school facilities and | 17 |
| day care centers. Such guidelines
shall be made
available to | 18 |
| schools, day care centers and the public upon request.
| 19 |
| (b) When economically feasible, each school and day care | 20 |
| center is
required to develop and implement an
integrated pest
| 21 |
| management
program that incorporates the guidelines developed | 22 |
| by the Department.
Each school and day care center must notify | 23 |
| the Department, within one year after the effective date of | 24 |
| this amendatory Act of the 95th General Assembly and every 5 | 25 |
| years thereafter, on forms provided by the Department that the |
|
|
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| school or day care center has developed and is implementing an | 2 |
| integrated pest management program. In
implementing an | 3 |
| integrated pest management program, a school or day care
center | 4 |
| must assign a
designated person to assume
responsibility for | 5 |
| the oversight of pest management practices in that
school or | 6 |
| day care center and for recordkeeping requirements.
| 7 |
| (b-1) If adopting an
integrated pest management program is | 8 |
| not economically feasible because such adoption would result
in | 9 |
| an increase in the pest control costs of the school or day care | 10 |
| center, the school or day care center
must provide, within one | 11 |
| year after the effective date of this amendatory Act of the | 12 |
| 95th General Assembly and every 5 years thereafter, written | 13 |
| notification to the Department, on forms provided by the
| 14 |
| Department, that the development and implementation of an | 15 |
| integrated pest
management program is not economically | 16 |
| feasible. The notification must include projected pest
control | 17 |
| costs for the term of the pest control program and projected | 18 |
| costs for implementing
an integrated pest management program | 19 |
| for that same time period. | 20 |
| (b-2) Each school or
day care center that provides written | 21 |
| notification to the Department that the adoption of an | 22 |
| integrated pest management program is not economically | 23 |
| feasible pursuant to subsection (b-1) of this Section must have | 24 |
| its designated person attend a training
course on integrated | 25 |
| pest management within one year after the effective date of | 26 |
| this amendatory Act of the 95th General Assembly, and
every 5 |
|
|
|
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| 1 |
| years thereafter until an integrated pest management program is | 2 |
| developed and implemented in
the school or day care center. The | 3 |
| training course shall be approved by the Department in
| 4 |
| accordance with the minimum standards established by the | 5 |
| Department under this Act.
| 6 |
| (b-3) Each school and day care center shall ensure that all | 7 |
| parents, guardians, and employees are
notified at least once | 8 |
| each school year that the notification requirements | 9 |
| established by this Section
have been met. The school and day | 10 |
| care center shall keep copies of all notifications required by
| 11 |
| this Section and any written integrated pest management program | 12 |
| plan developed in accordance with this
Section and make these | 13 |
| copies available for public inspection at the school or day | 14 |
| care center.
| 15 |
| (c) The Structural Pest Control Advisory Council shall | 16 |
| assist the
Department in developing the guidelines for | 17 |
| integrated pest management
programs. In developing the | 18 |
| guidelines, the Council shall consult with
individuals | 19 |
| knowledgeable in the area of integrated pest management.
| 20 |
| (d) The Department, with the assistance of the Cooperative | 21 |
| Extension
Service and other relevant agencies, may prepare a | 22 |
| training program for
school or day care center pest control | 23 |
| specialists.
| 24 |
| (e) The Department
may request copies of a school's or day | 25 |
| care center's integrated pest
management program plan and | 26 |
| notification required by this Act and offer assistance and |
|
|
|
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| 1 |
| training to
schools and day care centers on integrated pest | 2 |
| management programs. | 3 |
| (f) The requirements of this Section are subject to | 4 |
| appropriation to the Department for the implementation of | 5 |
| integrated pest management programs.
| 6 |
| (Source: P.A. 95-58, eff. 8-10-07.)
| 7 |
| (225 ILCS 235/10.3)
| 8 |
| (Section scheduled to be repealed on January 1, 2008) | 9 |
| Sec. 10.3. Notification. School districts and day care | 10 |
| centers must
maintain a registry of
parents and guardians of | 11 |
| students and employees who have registered to receive
written
| 12 |
| notification prior to application of pesticides to school | 13 |
| property or day
care centers or provide
written notification to | 14 |
| all parents and guardians of students before such
pesticide | 15 |
| application. Written notification may be included in | 16 |
| newsletters,
bulletins, calendars, or other correspondence | 17 |
| currently published by the school
district or day care center. | 18 |
| The written notification must be given at
least 2 business days
| 19 |
| before application of the pesticide application and should | 20 |
| identify the
intended date of the application of the pesticide | 21 |
| and the name and telephone
contact number for the school or day | 22 |
| care center personnel
responsible for
the pesticide
| 23 |
| application program. Prior written notice shall not be required | 24 |
| if there is an
imminent threat to health or property. If such a | 25 |
| situation arises, the
appropriate school or day care center |
|
|
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| 1 |
| personnel must sign a statement
describing the circumstances
| 2 |
| that gave rise to the health threat and ensure that written | 3 |
| notice is provided
as soon as practicable. For purposes of this | 4 |
| Section, pesticides subject to
notification requirements shall | 5 |
| not include (i) an antimicrobial agent, such as
disinfectant, | 6 |
| sanitizer, or deodorizer, or (ii) insecticide baits and
| 7 |
| rodenticide
baits.
| 8 |
| (Source: P.A. 93-381, eff. 7-1-04 .)
| 9 |
| (225 ILCS 235/12) (from Ch. 111 1/2, par. 2212)
| 10 |
| (Section scheduled to be repealed on January 1, 2008)
| 11 |
| Sec. 12. Subject to the requirement for
public hearings as | 12 |
| hereinafter provided, the Department shall
promulgate, | 13 |
| publish, and adopt, and may from time to time after public | 14 |
| hearing amend
such rules and regulations as may be necessary | 15 |
| for the proper
enforcement of this Act, to protect the health | 16 |
| and safety of the public
and may, when necessary, utilize the | 17 |
| services of any other state
agencies to assist in carrying out | 18 |
| the purposes of this Act. The
Department shall hold a public | 19 |
| hearing on all proposed rules and
regulations.
| 20 |
| (Source: P.A. 82-725 .)
| 21 |
| (225 ILCS 235/13) (from Ch. 111 1/2, par. 2213)
| 22 |
| (Section scheduled to be repealed on January 1, 2008)
| 23 |
| Sec. 13. Violations of the Act. It is a violation of this | 24 |
| Act and the
Department may suspend, revoke or refuse to issue |
|
|
|
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|
| 1 |
| or renew any certificate,
registration or license, in | 2 |
| accordance with Section 14 of this Act, upon
proof of any of | 3 |
| the following:
| 4 |
| (a) Violation of this Act or any rule or regulation | 5 |
| promulgated hereunder.
| 6 |
| (b) Conviction of a certified technician, registrant, or | 7 |
| licensee of a
violation of any provision of this Act or of pest | 8 |
| control laws in any other
state, or any other laws or rules and | 9 |
| regulations adopted thereto relating
to pesticides.
| 10 |
| (c) Knowingly making false or fraudulent claims, | 11 |
| misrepresenting the effects
of materials or methods or failing | 12 |
| to use methods or materials suitable
for structural pest | 13 |
| control.
| 14 |
| (d) Performing structural pest control in a careless or | 15 |
| negligent
manner so as to be detrimental to health.
| 16 |
| (e) Failure to supply within a reasonable time, upon | 17 |
| request from the
Department or its authorized representative, | 18 |
| true information regarding
methods and materials used, work | 19 |
| performed or other information essential
to the administration | 20 |
| of this Act.
| 21 |
| (f) Fraudulent advertising or solicitations relating to | 22 |
| structural pest control.
| 23 |
| (g) Aiding or abetting a person to evade any provision of | 24 |
| this Act,
conspiring with any person to evade provisions of | 25 |
| this Act or allowing a
license, permit, certification or | 26 |
| registration to be used by another person.
|
|
|
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|
| 1 |
| (h) Impersonating any federal, state, county or city | 2 |
| official.
| 3 |
| (i) Performing structural pest control, utilizing or | 4 |
| authorizing the use
or sale of, pesticides which are in | 5 |
| violation of the FIFRA, or the Illinois
Pesticide Act.
| 6 |
| (Source: P.A. 85-177 .)
| 7 |
| (225 ILCS 235/14) (from Ch. 111 1/2, par. 2214)
| 8 |
| (Section scheduled to be repealed on January 1, 2008)
| 9 |
| Sec. 14. Suspension, revocation or refusal to renew | 10 |
| license, registration
or certification. | 11 |
| (a) Whenever the Department determines that there are
| 12 |
| reasonable grounds to believe that there has been violation of | 13 |
| any provision
of this Act or the rules or regulations issued | 14 |
| hereunder, the Department
shall give notice of the alleged | 15 |
| violation to the person to whom the license,
registration or | 16 |
| certificate was issued, as herein provided. Such notice shall:
| 17 |
| (1) be in writing;
| 18 |
| (2) include a statement of the alleged violation which | 19 |
| necessitates
issuance of the notice;
| 20 |
| (3) contain an outline of remedial action which, if | 21 |
| taken, will effect
compliance with the provisions of this | 22 |
| Act and the rules and regulations
issued hereunder;
| 23 |
| (4) prescribe a reasonable time as determined by the | 24 |
| Department for
the performance of any action required by | 25 |
| the notice; and
|
|
|
|
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|
| 1 |
| (5) be served upon the licensee, registrant or | 2 |
| certified technician
as the case may require, provided that | 3 |
| such notice shall be deemed to have
been properly served | 4 |
| upon the person when a copy thereof has been sent by
| 5 |
| registered or certified mail to his last known address as | 6 |
| furnished to the
Department or when he has been served with | 7 |
| such notice by any other method
authorized by law.
| 8 |
| (b) If the person to whom the notice is served does not | 9 |
| comply with
the terms of the notice within the time limitations | 10 |
| specified in the notice,
the Department may proceed with action | 11 |
| to suspend, revoke or refuse to issue
a license, registration | 12 |
| or certificate as provided in this Section. Other
requirements | 13 |
| of this Act to the contrary notwithstanding, when the | 14 |
| Department
determines that reasonable grounds exist to | 15 |
| indicate that a violation of
this Act has been committed which | 16 |
| is the third separate violation by that
person in an 18-month | 17 |
| period, the Department shall not be required to issue
notice as | 18 |
| required by subsection (a) of this Section but may proceed | 19 |
| immediately
with action to suspend, revoke or
refuse to issue a | 20 |
| license, registration or certificate.
| 21 |
| (c) In any proceeding to suspend, revoke or refuse to issue | 22 |
| a license,
registration or certificate, the Department shall | 23 |
| first serve or cause to
be served upon the person violating | 24 |
| this Act or the rules or regulations
promulgated under this Act | 25 |
| a written notice of the Department's intent to
take action. The | 26 |
| notice shall specify the way in which the person has failed
to |
|
|
|
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| 1 |
| comply with this Act or any rules, regulations or standards of | 2 |
| the Department.
In the case of revocation or suspension, the | 3 |
| notice shall require the person
to remove or abate the | 4 |
| violation or objectionable condition specified in
the notice | 5 |
| within 5 days or within a longer period of time as the | 6 |
| Department
may allow. If the person fails to comply with the | 7 |
| terms and conditions
of the revocation or suspension notice | 8 |
| within the time specified or the
time extension allowed by the | 9 |
| Department, the Department may revoke or suspend
the license, | 10 |
| registration or certification. In the case of refusal to issue
| 11 |
| a license, registration or certification, if the person fails | 12 |
| to comply
with the Act or rules, regulations or standards | 13 |
| promulgated under the Act,
the Department may refuse to issue a | 14 |
| license, registration or certification.
| 15 |
| (Source: P.A. 82-725 .)
| 16 |
| (225 ILCS 235/15) (from Ch. 111 1/2, par. 2215)
| 17 |
| (Section scheduled to be repealed on January 1, 2008)
| 18 |
| Sec. 15. Administrative hearing. The Department shall give
| 19 |
| written notice by certified or registered mail to any
| 20 |
| applicant, licensee, registrant or certified technician
of the | 21 |
| Department's intent to suspend, revoke, or refuse to issue a
| 22 |
| license, registration, or certificate or to assess a fine. Such | 23 |
| person
has a right to a hearing before the Department; however, | 24 |
| a written
notice of a request for such a hearing shall be | 25 |
| served on the
Department within 10 days of notice of such |
|
|
|
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|
| 1 |
| refusal, suspension, or
revocation of a license, registration, | 2 |
| or certification, or imposition
of a fine. The hearing shall be | 3 |
| conducted by the
Director, or a Hearing Officer designated in | 4 |
| writing by the
Director, to conduct the hearing. A stenographic | 5 |
| record shall
be made of the hearing and the cost borne by the | 6 |
| Department;
however, a transcription of the hearing will be | 7 |
| made only if a
person requests and shall be transcribed at the | 8 |
| cost of such person.
| 9 |
| The hearing shall be conducted at such place as designated | 10 |
| by the
Department.
| 11 |
| (Source: P.A. 87-703 .)
| 12 |
| (225 ILCS 235/16) (from Ch. 111 1/2, par. 2216)
| 13 |
| (Section scheduled to be repealed on January 1, 2008)
| 14 |
| Sec. 16. Subpoena powers of Department or hearing officer). | 15 |
| The Director
of Hearing Officer may compel by subpoena or | 16 |
| subpoena duces tecum the attendance
and testimony of witnesses | 17 |
| and the production of books and papers and administer
oaths to | 18 |
| witnesses. All subpoenas issued by the Director or Hearing | 19 |
| Officer
may be served as provided for in a civil action. The | 20 |
| fees of witnesses
for attendance and travel shall be the same | 21 |
| as the fees for witnesses before
the circuit court and shall be | 22 |
| paid by the party to such proceeding at whose
request the | 23 |
| subpoena is issued. If such subpoena is issued at the request
| 24 |
| of the Department, the witness
fee shall be paid as an | 25 |
| administrative expense.
|
|
|
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| 1 |
| In the cases of refusal of a witness to attend or testify, | 2 |
| or to produce
books or papers, concerning any matter upon which | 3 |
| he might be lawfully examined,
the circuit court of the county | 4 |
| where the hearing is held, upon application
of any party to the | 5 |
| proceeding, may compel obedience
by proceeding as for contempt.
| 6 |
| (Source: P.A. 83-334 .)
| 7 |
| (225 ILCS 235/17) (from Ch. 111 1/2, par. 2217)
| 8 |
| (Section scheduled to be repealed on January 1, 2008)
| 9 |
| Sec. 17. Deposition of witnesses; testimony at hearing | 10 |
| recorded). In
the event of the inability of any party,
or the | 11 |
| Department, to procure the attendance of witnesses to give | 12 |
| testimony
or produce books and papers,
such party or the | 13 |
| Department may take the deposition of witnesses in accordance | 14 |
| with
the laws of this State. All testimony taken at a hearing | 15 |
| shall be reduced to writing,
and all such testimony and other | 16 |
| evidence introduced at the hearing shall be a part
of the | 17 |
| record of the hearing.
| 18 |
| (Source: P.A. 82-725 .)
| 19 |
| (225 ILCS 235/19) (from Ch. 111 1/2, par. 2219)
| 20 |
| (Section scheduled to be repealed on January 1, 2008)
| 21 |
| Sec. 19. Certification of record). The Department is not | 22 |
| required to
certify any record or file
any answer or otherwise | 23 |
| appear in any proceeding for judicial review unless the
party | 24 |
| filing the complaint deposits with the clerk of the court the |
|
|
|
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|
| 1 |
| sum of
$1 per page representing costs of such certification. | 2 |
| Failure on the
part of the plaintiff to make such deposit shall | 3 |
| be grounds for dismissal
of the action.
| 4 |
| (Source: P.A. 82-725 .)
| 5 |
| (225 ILCS 235/20) (from Ch. 111 1/2, par. 2220)
| 6 |
| (Section scheduled to be repealed on January 1, 2008)
| 7 |
| Sec. 20. Injunction). The performance of structural pest | 8 |
| control or the operation
of a business location as defined in | 9 |
| Section 3 of this Act within this State in
violation of this | 10 |
| Act or the rules and regulations promulgated hereunder is | 11 |
| declared
a nuisance and inimical to the public health, welfare | 12 |
| and safety and a
deceptive business practice. The Director, in | 13 |
| the
name of the people of the State, through the Attorney | 14 |
| General or the State's Attorney
of the county in which such | 15 |
| violation occurs may, in addition to other remedies herein
| 16 |
| provided, bring an action for an injunction to restrain such | 17 |
| violation or enjoin
the future performance of structural pest | 18 |
| control or the operating of a business
location until | 19 |
| compliance with the provisions of this Act has been obtained.
| 20 |
| (Source: P.A. 83-825 .)
| 21 |
| (225 ILCS 235/21) (from Ch. 111 1/2, par. 2221)
| 22 |
| (Section scheduled to be repealed on January 1, 2008)
| 23 |
| Sec. 21. Penalty). Any person who violates this Act or any | 24 |
| rule or regulation
adopted by the Department, or who violates |
|
|
|
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|
| 1 |
| any determination or order of the
Department under this Act | 2 |
| shall be guilty of a Class A misdemeanor and shall be
fined a | 3 |
| sum not less than $100.
| 4 |
| Each day's violation constitutes a separate offense. The | 5 |
| State's Attorney
of the county in which the violation occurred | 6 |
| or the Attorney General shall bring
such actions in the name of | 7 |
| the people of the State of Illinois.
| 8 |
| (Source: P.A. 82-725 .)
| 9 |
| (225 ILCS 235/21.1) (from Ch. 111 1/2, par. 2221.1)
| 10 |
| (Section scheduled to be repealed on January 1, 2008)
| 11 |
| Sec. 21.1. Administrative Civil Fines. The Department is | 12 |
| empowered to
assess administrative civil fines against a | 13 |
| licensee, registrant or
certified technician for violations of | 14 |
| this Act or its rules and
regulations. These fines shall be | 15 |
| established by the Department by rule and
may be assessed in | 16 |
| addition to, or in lieu of, license, registration, or
| 17 |
| certification suspensions and revocations. Rules to implement | 18 |
| this Section
shall be proposed by the Department by January 1, | 19 |
| 1993.
| 20 |
| The amount of these fines shall be determined by the | 21 |
| hearing officer upon
determination that a violation or | 22 |
| violations of the Act or rules has
occurred. Any fine assessed | 23 |
| and not paid within 60 days of notice from the
Department may | 24 |
| be submitted to the Attorney General's Office for
collection. | 25 |
| Failure to pay a fine shall also be grounds for immediate
|
|
|
|
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|
| 1 |
| suspension or revocation of a license, registration, or | 2 |
| certification
issued under this Act.
| 3 |
| (Source: P.A. 87-703 .)
| 4 |
| (225 ILCS 235/22) (from Ch. 111 1/2, par. 2222)
| 5 |
| (Section scheduled to be repealed on January 1, 2008)
| 6 |
| Sec. 22. Scope of Act). The provisions of this Act apply to | 7 |
| any
structural pest control operations performed by the State | 8 |
| or agency
thereof. However, the State or agency thereof or any | 9 |
| unit of local
government shall not be required to pay any fees, | 10 |
| nor shall the employees
thereof be required to pay any fees for | 11 |
| examination, certification or renewal
of certification in the | 12 |
| sub-categories of either (f) or (g) specified in
Section 7 of | 13 |
| this Act.
| 14 |
| This Act does not apply to any person certified by the | 15 |
| Illinois
Department of Agriculture to use restricted | 16 |
| pesticides in structures on
his own individual property.
| 17 |
| (Source: P.A. 82-725 .)
| 18 |
| (225 ILCS 235/23) (from Ch. 111 1/2, par. 2223)
| 19 |
| (Section scheduled to be repealed on January 1, 2008)
| 20 |
| Sec. 23. Judicial review of final administrative | 21 |
| decision). The Administrative
Review Law, as amended, and the | 22 |
| rules adopted under the Administrative Review
Law, apply to and | 23 |
| govern all proceedings for judicial review of final | 24 |
| administrative
decisions of the Department under this Act. Such |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| judicial review shall be
had in the circuit court of the county | 2 |
| in which the cause of action arose.
The term "Administrative | 3 |
| decision" is defined as in Section 3-101 of the
Code of Civil | 4 |
| Procedure.
| 5 |
| (Source: P.A. 82-783 .)
| 6 |
| (225 ILCS 235/23.1) (from Ch. 111 1/2, par. 2223.1)
| 7 |
| (Section scheduled to be repealed on January 1, 2008)
| 8 |
| Sec. 23.1. The provisions of the Illinois Administrative | 9 |
| Procedure
Act are hereby expressly adopted and shall apply to | 10 |
| all administrative rules
and procedures of the Department of | 11 |
| Public Health under this Act, except that
in case of conflict | 12 |
| between the Illinois Administrative Procedure Act and this
Act | 13 |
| the provisions of this Act shall control, and except that | 14 |
| Section 5-35 of
the Illinois Administrative Procedure Act | 15 |
| relating to procedures for
rule-making does not apply to the | 16 |
| adoption of any rule required by federal law
in connection with | 17 |
| which the Department is precluded by law from exercising any
| 18 |
| discretion.
| 19 |
| (Source: P.A. 88-45 .)
| 20 |
| (225 ILCS 235/24) (from Ch. 111 1/2, par. 2224)
| 21 |
| (Section scheduled to be repealed on January 1, 2008)
| 22 |
| Sec. 24. Severability clause). If any part of this Act is | 23 |
| adjudged invalid,
such adjudication
shall not affect the | 24 |
| validity of the Act as a whole or of any other part.
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| (Source: P.A. 82-725 .)
| 2 |
| (225 ILCS 235/25) (from Ch. 111 1/2, par. 2225)
| 3 |
| (Section scheduled to be repealed on January 1, 2008)
| 4 |
| Sec. 25. The provisions of "The Illinois Administrative
| 5 |
| Procedure Act", approved September 22, 1975, are hereby
| 6 |
| expressly adopted and shall apply to all administrative rules
| 7 |
| and procedures of the Department of Public Health under this | 8 |
| Act.
| 9 |
| (Source: P.A. 82-725 .)
| 10 |
| Section 30. The Illinois Controlled Substances Act is | 11 |
| amended by changing Sections 102 and 303.05 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, |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| research subject, or animal (as
defined by the Humane | 2 |
| Euthanasia in Animal Shelters Act) by:
| 3 |
| (1) a practitioner (or, in his presence, by his | 4 |
| authorized agent),
| 5 |
| (2) the patient or research subject at the lawful | 6 |
| direction of the
practitioner, or
| 7 |
| (3) a euthanasia technician as defined by the Humane | 8 |
| Euthanasia in
Animal Shelters Act.
| 9 |
| (c) "Agent" means an authorized person who acts on behalf | 10 |
| of or at
the direction of a manufacturer, distributor, or | 11 |
| dispenser. It does not
include a common or contract carrier, | 12 |
| public warehouseman or employee of
the carrier or warehouseman.
| 13 |
| (c-1) "Anabolic Steroids" means any drug or hormonal | 14 |
| substance,
chemically and pharmacologically related to | 15 |
| testosterone (other than
estrogens, progestins, and | 16 |
| corticosteroids) that promotes muscle growth,
and includes:
| 17 |
| (i) boldenone,
| 18 |
| (ii) chlorotestosterone,
| 19 |
| (iii) chostebol,
| 20 |
| (iv) dehydrochlormethyltestosterone,
| 21 |
| (v) dihydrotestosterone,
| 22 |
| (vi) drostanolone,
| 23 |
| (vii) ethylestrenol,
| 24 |
| (viii) fluoxymesterone,
| 25 |
| (ix) formebulone,
| 26 |
| (x) mesterolone,
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| (xi) methandienone,
| 2 |
| (xii) methandranone,
| 3 |
| (xiii) methandriol,
| 4 |
| (xiv) methandrostenolone,
| 5 |
| (xv) methenolone,
| 6 |
| (xvi) methyltestosterone,
| 7 |
| (xvii) mibolerone,
| 8 |
| (xviii) nandrolone,
| 9 |
| (xix) norethandrolone,
| 10 |
| (xx) oxandrolone,
| 11 |
| (xxi) oxymesterone,
| 12 |
| (xxii) oxymetholone,
| 13 |
| (xxiii) stanolone,
| 14 |
| (xxiv) stanozolol,
| 15 |
| (xxv) testolactone,
| 16 |
| (xxvi) testosterone,
| 17 |
| (xxvii) trenbolone, and
| 18 |
| (xxviii) any salt, ester, or isomer of a drug or | 19 |
| substance described
or listed in this paragraph, if | 20 |
| that salt, ester, or isomer promotes muscle
growth.
| 21 |
| Any person who is otherwise lawfully in possession of an | 22 |
| anabolic
steroid, or who otherwise lawfully manufactures, | 23 |
| distributes, dispenses,
delivers, or possesses with intent to | 24 |
| deliver an anabolic steroid, which
anabolic steroid is | 25 |
| expressly intended for and lawfully allowed to be
administered | 26 |
| through implants to livestock or other nonhuman species, and
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| which is approved by the Secretary of Health and Human Services | 2 |
| for such
administration, and which the person intends to | 3 |
| administer or have
administered through such implants, shall | 4 |
| not be considered to be in
unauthorized possession or to | 5 |
| unlawfully manufacture, distribute, dispense,
deliver, or | 6 |
| possess with intent to deliver such anabolic steroid for
| 7 |
| purposes of this Act.
| 8 |
| (d) "Administration" means the Drug Enforcement | 9 |
| Administration,
United States Department of Justice, or its | 10 |
| successor agency.
| 11 |
| (e) "Control" means to add a drug or other substance, or | 12 |
| immediate
precursor, to a Schedule under Article II of this Act | 13 |
| whether by
transfer from another Schedule or otherwise.
| 14 |
| (f) "Controlled Substance" means a drug, substance, or | 15 |
| immediate
precursor in the Schedules of Article II of this Act.
| 16 |
| (g) "Counterfeit substance" means a controlled substance, | 17 |
| which, or
the container or labeling of which, without | 18 |
| authorization bears the
trademark, trade name, or other | 19 |
| identifying mark, imprint, number or
device, or any likeness | 20 |
| thereof, of a manufacturer, distributor, or
dispenser other | 21 |
| than the person who in fact manufactured, distributed,
or | 22 |
| dispensed the substance.
| 23 |
| (h) "Deliver" or "delivery" means the actual, constructive | 24 |
| or
attempted transfer of possession of a controlled substance, | 25 |
| with or
without consideration, whether or not there is an | 26 |
| agency relationship.
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| (i) "Department" means the Illinois Department of Human | 2 |
| Services (as
successor to the Department of Alcoholism and | 3 |
| Substance Abuse) or its successor agency.
| 4 |
| (j) "Department of State Police" means the Department of | 5 |
| State
Police of the State of Illinois or its successor agency.
| 6 |
| (k) "Department of Corrections" means the Department of | 7 |
| Corrections
of the State of Illinois or its successor agency.
| 8 |
| (l) "Department of Professional Regulation" means the | 9 |
| Department
of Professional Regulation of the State of Illinois | 10 |
| or its successor agency.
| 11 |
| (m) "Depressant" or "stimulant substance" means:
| 12 |
| (1) a drug which contains any quantity of (i) | 13 |
| barbituric acid or
any of the salts of barbituric acid | 14 |
| which has been designated as habit
forming under section | 15 |
| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | 16 |
| U.S.C. 352 (d)); or
| 17 |
| (2) a drug which contains any quantity of (i) | 18 |
| amphetamine or
methamphetamine and any of their optical | 19 |
| isomers; (ii) any salt of
amphetamine or methamphetamine or | 20 |
| any salt of an optical isomer of
amphetamine; or (iii) any | 21 |
| substance which the Department, after
investigation, has | 22 |
| found to be, and by rule designated as, habit forming
| 23 |
| because of its depressant or stimulant effect on the | 24 |
| central nervous
system; or
| 25 |
| (3) lysergic acid diethylamide; or
| 26 |
| (4) any drug which contains any quantity of a substance |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| which the
Department, after investigation, has found to | 2 |
| have, and by rule
designated as having, a potential for | 3 |
| abuse because of its depressant or
stimulant effect on the | 4 |
| central nervous system or its hallucinogenic
effect.
| 5 |
| (n) (Blank).
| 6 |
| (o) "Director" means the Director of the Department of | 7 |
| State Police or
the Department of Professional Regulation or | 8 |
| his designated agents.
| 9 |
| (p) "Dispense" means to deliver a controlled substance to | 10 |
| an
ultimate user or research subject by or pursuant to the | 11 |
| lawful order of
a prescriber, including the prescribing, | 12 |
| administering, packaging,
labeling, or compounding necessary | 13 |
| to prepare the substance for that
delivery.
| 14 |
| (q) "Dispenser" means a practitioner who dispenses.
| 15 |
| (r) "Distribute" means to deliver, other than by | 16 |
| administering or
dispensing, a controlled substance.
| 17 |
| (s) "Distributor" means a person who distributes.
| 18 |
| (t) "Drug" means (1) substances recognized as drugs in the | 19 |
| official
United States Pharmacopoeia, Official Homeopathic | 20 |
| Pharmacopoeia of the
United States, or official National | 21 |
| Formulary, or any supplement to any
of them; (2) substances | 22 |
| intended for use in diagnosis, cure, mitigation,
treatment, or | 23 |
| prevention of disease in man or animals; (3) substances
(other | 24 |
| than food) intended to affect the structure of any function of
| 25 |
| the body of man or animals and (4) substances intended for use | 26 |
| as a
component of any article specified in clause (1), (2), or |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| (3) of this
subsection. It does not include devices or their | 2 |
| components, parts, or
accessories.
| 3 |
| (t-5) "Euthanasia agency" means
an entity certified by the | 4 |
| Department of Professional Regulation for the
purpose of animal | 5 |
| euthanasia that holds an animal control facility license or
| 6 |
| animal
shelter license under the Animal Welfare Act. A | 7 |
| euthanasia agency is
authorized to purchase, store, possess, | 8 |
| and utilize Schedule II nonnarcotic and
Schedule III | 9 |
| nonnarcotic drugs for the sole purpose of animal euthanasia.
| 10 |
| (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 11 |
| substances
(nonnarcotic controlled substances) that are used | 12 |
| by a euthanasia agency for
the purpose of animal euthanasia.
| 13 |
| (u) "Good faith" means the prescribing or dispensing of a | 14 |
| controlled
substance by a practitioner in the regular course of | 15 |
| professional
treatment to or for any person who is under his | 16 |
| treatment for a
pathology or condition other than that | 17 |
| individual's physical or
psychological dependence upon or | 18 |
| addiction to a controlled substance,
except as provided herein: | 19 |
| and application of the term to a pharmacist
shall mean the | 20 |
| dispensing of a controlled substance pursuant to the
| 21 |
| prescriber's order which in the professional judgment of the | 22 |
| pharmacist
is lawful. The pharmacist shall be guided by | 23 |
| accepted professional
standards including, but not limited to | 24 |
| the following, in making the
judgment:
| 25 |
| (1) lack of consistency of doctor-patient | 26 |
| relationship,
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| (2) frequency of prescriptions for same drug by one | 2 |
| prescriber for
large numbers of patients,
| 3 |
| (3) quantities beyond those normally prescribed,
| 4 |
| (4) unusual dosages,
| 5 |
| (5) unusual geographic distances between patient, | 6 |
| pharmacist and
prescriber,
| 7 |
| (6) consistent prescribing of habit-forming drugs.
| 8 |
| (u-1) "Home infusion services" means services provided by a | 9 |
| pharmacy in
compounding solutions for direct administration to | 10 |
| a patient in a private
residence, long-term care facility, or | 11 |
| hospice setting by means of parenteral,
intravenous, | 12 |
| intramuscular, subcutaneous, or intraspinal infusion.
| 13 |
| (v) "Immediate precursor" means a substance:
| 14 |
| (1) which the Department has found to be and by rule | 15 |
| designated as
being a principal compound used, or produced | 16 |
| primarily for use, in the
manufacture of a controlled | 17 |
| substance;
| 18 |
| (2) which is an immediate chemical intermediary used or | 19 |
| likely to
be used in the manufacture of such controlled | 20 |
| substance; and
| 21 |
| (3) the control of which is necessary to prevent, | 22 |
| curtail or limit
the manufacture of such controlled | 23 |
| substance.
| 24 |
| (w) "Instructional activities" means the acts of teaching, | 25 |
| educating
or instructing by practitioners using controlled | 26 |
| substances within
educational facilities approved by the State |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| Board of Education or
its successor agency.
| 2 |
| (x) "Local authorities" means a duly organized State, | 3 |
| County or
Municipal peace unit or police force.
| 4 |
| (y) "Look-alike substance" means a substance, other than a | 5 |
| controlled
substance which (1) by overall dosage unit | 6 |
| appearance, including shape,
color, size, markings or lack | 7 |
| thereof, taste, consistency, or any other
identifying physical | 8 |
| characteristic of the substance, would lead a reasonable
person | 9 |
| to believe that the substance is a controlled substance, or (2) | 10 |
| is
expressly or impliedly represented to be a controlled | 11 |
| substance or is
distributed under circumstances which would | 12 |
| lead a reasonable person to
believe that the substance is a | 13 |
| controlled substance. For the purpose of
determining whether | 14 |
| the representations made or the circumstances of the
| 15 |
| distribution would lead a reasonable person to believe the | 16 |
| substance to be
a controlled substance under this clause (2) of | 17 |
| subsection (y), the court or
other authority may consider the | 18 |
| following factors in addition to any other
factor that may be | 19 |
| relevant:
| 20 |
| (a) statements made by the owner or person in control | 21 |
| of the substance
concerning its nature, use or effect;
| 22 |
| (b) statements made to the buyer or recipient that the | 23 |
| substance may
be resold for profit;
| 24 |
| (c) whether the substance is packaged in a manner | 25 |
| normally used for the
illegal distribution of controlled | 26 |
| substances;
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| (d) whether the distribution or attempted distribution | 2 |
| included an
exchange of or demand for money or other | 3 |
| property as consideration, and
whether the amount of the | 4 |
| consideration was substantially greater than the
| 5 |
| reasonable retail market value of the substance.
| 6 |
| Clause (1) of this subsection (y) shall not apply to a | 7 |
| noncontrolled
substance in its finished dosage form that was | 8 |
| initially introduced into
commerce prior to the initial | 9 |
| introduction into commerce of a controlled
substance in its | 10 |
| finished dosage form which it may substantially resemble.
| 11 |
| Nothing in this subsection (y) prohibits the dispensing or | 12 |
| distributing
of noncontrolled substances by persons authorized | 13 |
| to dispense and
distribute controlled substances under this | 14 |
| Act, provided that such action
would be deemed to be carried | 15 |
| out in good faith under subsection (u) if the
substances | 16 |
| involved were controlled substances.
| 17 |
| Nothing in this subsection (y) or in this Act prohibits the | 18 |
| manufacture,
preparation, propagation, compounding, | 19 |
| processing, packaging, advertising
or distribution of a drug or | 20 |
| drugs by any person registered pursuant to
Section 510 of the | 21 |
| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 22 |
| (y-1) "Mail-order pharmacy" means a pharmacy that is | 23 |
| located in a state
of the United States, other than Illinois, | 24 |
| that delivers, dispenses or
distributes, through the United | 25 |
| States Postal Service or other common
carrier, to Illinois | 26 |
| residents, any substance which requires a prescription.
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| (z) "Manufacture" means the production, preparation, | 2 |
| propagation,
compounding, conversion or processing of a | 3 |
| controlled substance other than methamphetamine, either
| 4 |
| directly or indirectly, by extraction from substances of | 5 |
| natural origin,
or independently by means of chemical | 6 |
| synthesis, or by a combination of
extraction and chemical | 7 |
| synthesis, and includes any packaging or
repackaging of the | 8 |
| substance or labeling of its container, except that
this term | 9 |
| does not include:
| 10 |
| (1) by an ultimate user, the preparation or compounding | 11 |
| of a
controlled substance for his own use; or
| 12 |
| (2) by a practitioner, or his authorized agent under | 13 |
| his
supervision, the preparation, compounding, packaging, | 14 |
| or labeling of a
controlled substance:
| 15 |
| (a) as an incident to his administering or | 16 |
| dispensing of a
controlled substance in the course of | 17 |
| his professional practice; or
| 18 |
| (b) as an incident to lawful research, teaching or | 19 |
| chemical
analysis and not for sale.
| 20 |
| (z-1) (Blank).
| 21 |
| (aa) "Narcotic drug" means any of the following, whether | 22 |
| produced
directly or indirectly by extraction from substances | 23 |
| of natural origin,
or independently by means of chemical | 24 |
| synthesis, or by a combination of
extraction and chemical | 25 |
| synthesis:
| 26 |
| (1) opium and opiate, and any salt, compound, |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| derivative, or
preparation of opium or opiate;
| 2 |
| (2) any salt, compound, isomer, derivative, or | 3 |
| preparation thereof
which is chemically equivalent or | 4 |
| identical with any of the substances
referred to in clause | 5 |
| (1), but not including the isoquinoline alkaloids
of opium;
| 6 |
| (3) opium poppy and poppy straw;
| 7 |
| (4) coca leaves and any salts, compound, isomer, salt | 8 |
| of an isomer,
derivative, or preparation of coca leaves | 9 |
| including cocaine or ecgonine,
and any salt, compound, | 10 |
| isomer, derivative, or preparation thereof which is
| 11 |
| chemically equivalent or identical with any of these | 12 |
| substances, but not
including decocainized coca leaves or | 13 |
| extractions of coca leaves which do
not contain cocaine or | 14 |
| ecgonine (for the purpose of this paragraph, the
term | 15 |
| "isomer" includes optical, positional and geometric | 16 |
| isomers).
| 17 |
| (bb) "Nurse" means a registered nurse licensed under the
| 18 |
| Nurse Practice Act.
| 19 |
| (cc) (Blank).
| 20 |
| (dd) "Opiate" means any substance having an addiction | 21 |
| forming or
addiction sustaining liability similar to morphine | 22 |
| or being capable of
conversion into a drug having addiction | 23 |
| forming or addiction sustaining
liability.
| 24 |
| (ee) "Opium poppy" means the plant of the species Papaver
| 25 |
| somniferum L., except its seeds.
| 26 |
| (ff) "Parole and Pardon Board" means the Parole and Pardon |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| Board of
the State of Illinois or its successor agency.
| 2 |
| (gg) "Person" means any individual, corporation, | 3 |
| mail-order pharmacy,
government or governmental subdivision or | 4 |
| agency, business trust, estate,
trust, partnership or | 5 |
| association, or any other entity.
| 6 |
| (hh) "Pharmacist" means any person who holds a license or | 7 |
| certificate of
registration as a registered pharmacist, a local | 8 |
| registered pharmacist
or a registered assistant pharmacist | 9 |
| under the Pharmacy Practice Act.
| 10 |
| (ii) "Pharmacy" means any store, ship or other place in | 11 |
| which
pharmacy is authorized to be practiced under the Pharmacy | 12 |
| Practice Act.
| 13 |
| (jj) "Poppy straw" means all parts, except the seeds, of | 14 |
| the opium
poppy, after mowing.
| 15 |
| (kk) "Practitioner" means a physician licensed to practice | 16 |
| medicine in all
its branches, dentist, optometrist, | 17 |
| podiatrist,
veterinarian, scientific investigator, pharmacist, | 18 |
| physician assistant,
advanced practice nurse,
licensed | 19 |
| practical
nurse, registered nurse, hospital, laboratory, or | 20 |
| pharmacy, or other
person licensed, registered, or otherwise | 21 |
| lawfully permitted by the
United States or this State to | 22 |
| distribute, dispense, conduct research
with respect to, | 23 |
| administer or use in teaching or chemical analysis, a
| 24 |
| controlled substance in the course of professional practice or | 25 |
| research.
| 26 |
| (ll) "Pre-printed prescription" means a written |
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| prescription upon which
the designated drug has been indicated | 2 |
| prior to the time of issuance.
| 3 |
| (mm) "Prescriber" means a physician licensed to practice | 4 |
| medicine in all
its branches, dentist, optometrist, podiatrist | 5 |
| or
veterinarian who issues a prescription, a physician | 6 |
| assistant who
issues a
prescription for a Schedule III, IV, or | 7 |
| V controlled substance
in accordance
with Section 303.05 and | 8 |
| the written guidelines required under Section 7.5
of the
| 9 |
| Physician Assistant Practice Act of 1987, or an advanced | 10 |
| practice
nurse with prescriptive authority delegated under | 11 |
| Section 65-40 of the Nurse Practice Act and in accordance with | 12 |
| Section 303.05 , a written delegation,
and a written
| 13 |
| collaborative agreement under Section 65-35 of the Nurse | 14 |
| Practice Act.
| 15 |
| (nn) "Prescription" means a lawful written, facsimile, or | 16 |
| verbal order
of
a physician licensed to practice medicine in | 17 |
| all its branches,
dentist, podiatrist or veterinarian for any | 18 |
| controlled
substance, of an optometrist for a Schedule III, IV, | 19 |
| or V controlled substance in accordance with Section 15.1 of | 20 |
| the Illinois Optometric Practice Act of 1987, of a physician | 21 |
| assistant for a Schedule III, IV, or V
controlled substance
in | 22 |
| accordance with Section 303.05 and the written guidelines | 23 |
| required under
Section 7.5 of the
Physician Assistant Practice | 24 |
| Act of 1987, or of an advanced practice
nurse with prescriptive | 25 |
| authority delegated under Section 65-40 of the Nurse Practice | 26 |
| Act who issues a prescription for a Schedule III, IV, or V
|
|
|
|
09500HB0127ham004 |
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LRB095 03945 RAS 42559 a |
|
| 1 |
| controlled substance in accordance
with
Section 303.05 , a | 2 |
| written delegation, and a written collaborative agreement | 3 |
| under Section 65-35 of the Nurse Practice Act.
| 4 |
| (oo) "Production" or "produce" means manufacture, | 5 |
| planting,
cultivating, growing, or harvesting of a controlled | 6 |
| substance other than methamphetamine.
| 7 |
| (pp) "Registrant" means every person who is required to | 8 |
| register
under Section 302 of this Act.
| 9 |
| (qq) "Registry number" means the number assigned to each | 10 |
| person
authorized to handle controlled substances under the | 11 |
| laws of the United
States and of this State.
| 12 |
| (rr) "State" includes the State of Illinois and any state, | 13 |
| district,
commonwealth, territory, insular possession thereof, | 14 |
| and any area
subject to the legal authority of the United | 15 |
| States of America.
| 16 |
| (ss) "Ultimate user" means a person who lawfully possesses | 17 |
| a
controlled substance for his own use or for the use of a | 18 |
| member of his
household or for administering to an animal owned | 19 |
| by him or by a member
of his household.
| 20 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08; | 21 |
| 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; revised | 22 |
| 11-19-07.)
| 23 |
| (720 ILCS 570/303.05)
| 24 |
| Sec. 303.05. Mid-level practitioner registration.
| 25 |
| (a) The Department of Professional Regulation shall |
|
|
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| register licensed
physician assistants and licensed advanced | 2 |
| practice nurses to prescribe and
dispense Schedule
III, IV, or | 3 |
| V controlled substances under Section 303 and euthanasia
| 4 |
| agencies to purchase, store, or administer animal euthanasia | 5 |
| drugs under the
following circumstances:
| 6 |
| (1) with respect to physician assistants or advanced | 7 |
| practice nurses ,
| 8 |
| (A) the physician assistant or advanced practice | 9 |
| nurse has been
delegated
prescriptive authority to | 10 |
| prescribe any Schedule III through V controlled | 11 |
| substances by a physician licensed to practice | 12 |
| medicine in all its
branches in accordance with Section | 13 |
| 7.5 of the Physician Assistant Practice Act
of 1987 or | 14 |
| Section 65-40 of the Nurse Practice Act ;
and
| 15 |
| (B) the physician assistant or advanced practice | 16 |
| nurse has
completed the
appropriate application forms | 17 |
| and has paid the required fees as set by rule;
or
| 18 |
| (2) with respect to advanced practice nurses, | 19 |
| (A) the advanced practice nurse has been delegated
| 20 |
| authority to prescribe any Schedule III through V | 21 |
| controlled substances by a physician licensed to | 22 |
| practice medicine in all its branches or a podiatrist | 23 |
| in accordance with Section 65-40 of the Nurse Practice
| 24 |
| Act. The advanced practice nurse has completed the
| 25 |
| appropriate application forms and has paid the | 26 |
| required
fees as set by rule; or |
|
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| (B) the advanced practice nurse has been delegated
| 2 |
| authority by a collaborating physician licensed to | 3 |
| practice medicine in all its branches to prescribe or | 4 |
| dispense Schedule II controlled substances through a | 5 |
| written delegation of authority and under the | 6 |
| following conditions: | 7 |
| (i) no more than 5 Schedule II controlled | 8 |
| substances by oral dosage may be delegated; | 9 |
| (ii) any delegation must be of controlled | 10 |
| substances prescribed by the collaborating | 11 |
| physician; | 12 |
| (iii) all prescriptions must be limited to no | 13 |
| more than a 30-day oral dosage, with any | 14 |
| continuation authorized only after prior approval | 15 |
| of the collaborating physician; | 16 |
| (iv) the advanced practice nurse must discuss | 17 |
| the condition of any patients for whom a controlled | 18 |
| substance is prescribed monthly with the | 19 |
| delegating physician; and | 20 |
| (v) the advanced practice nurse must have | 21 |
| completed the appropriate application forms and | 22 |
| paid the required fees as set by rule; or | 23 |
| (3) (2) with respect to animal euthanasia agencies, the | 24 |
| euthanasia agency has
obtained a license from the | 25 |
| Department of
Professional Regulation and obtained a | 26 |
| registration number from the
Department.
|
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| (b) The mid-level practitioner shall only be licensed to | 2 |
| prescribe those
schedules of controlled substances for which a | 3 |
| licensed physician or licensed podiatrist has delegated
| 4 |
| prescriptive authority, except that an animal a euthanasia | 5 |
| agency does not have any
prescriptive authority.
A physician | 6 |
| assistant and an advanced practice nurse are prohibited from | 7 |
| prescribing medications and controlled substances not set | 8 |
| forth in the required written delegation of authority.
| 9 |
| (c) Upon completion of all registration requirements, | 10 |
| physician
assistants, advanced practice nurses, and animal | 11 |
| euthanasia agencies shall be issued a
mid-level practitioner
| 12 |
| controlled substances license for Illinois.
| 13 |
| (Source: P.A. 95-639, eff. 10-5-07.)
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
|
|