Full Text of HB0445 96th General Assembly
HB0445sam001 96TH GENERAL ASSEMBLY
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Sen. Heather Steans
Filed: 4/22/2009
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| AMENDMENT TO HOUSE BILL 445
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| AMENDMENT NO. ______. Amend House Bill 445 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Controlled Substances Act is | 5 |
| amended by changing Sections 102, 201, 202, 205, 207, 209, 211, | 6 |
| 214, 301, 302, 303, 303.05, 303.1, 304, 305, 306, 309, 312, | 7 |
| 313, 318, 405, 405.1, 410, 501, 501.1, 505, and 507 as follows: | 8 |
| (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 9 |
| Sec. 102. Definitions. As used in this Act, unless the | 10 |
| context
otherwise requires:
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| (a) "Addict" means any person who habitually uses any drug, | 12 |
| chemical,
substance or dangerous drug other than alcohol so as | 13 |
| to endanger the public
morals, health, safety or welfare or who | 14 |
| is so far addicted to the use of a
dangerous drug or controlled | 15 |
| substance other than alcohol as to have lost
the power of self | 16 |
| control with reference to his or her addiction.
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| (b) "Administer" means the direct application of a | 2 |
| controlled
substance, whether by injection, inhalation, | 3 |
| ingestion, or any other
means, to the body of a patient, | 4 |
| research subject, or animal (as
defined by the Humane | 5 |
| Euthanasia in Animal Shelters Act) by:
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| (1) a practitioner (or, in his or her presence, by his | 7 |
| or her authorized agent),
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| (2) the patient or research subject at the lawful | 9 |
| direction of the
practitioner, or
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| (3) a euthanasia technician as defined by the Humane | 11 |
| Euthanasia in
Animal Shelters Act.
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| (c) "Agent" means an authorized person who acts on behalf | 13 |
| of or at
the direction of a manufacturer, distributor, or | 14 |
| dispenser. It does not
include a common or contract carrier, | 15 |
| public warehouseman or employee of
the carrier or warehouseman.
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| (c-1) "Anabolic Steroids" means any drug or hormonal | 17 |
| substance,
chemically and pharmacologically related to | 18 |
| testosterone (other than
estrogens, progestins, and | 19 |
| corticosteroids) that promotes muscle growth . ,
and includes:
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| (i) boldenone,
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| (ii) chlorotestosterone,
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| (iii) chostebol,
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| (iv) dehydrochlormethyltestosterone,
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| (v) dihydrotestosterone,
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| (vi) drostanolone,
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| (vii) ethylestrenol,
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| (viii) fluoxymesterone,
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| (ix) formebulone,
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| (x) mesterolone,
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| (xi) methandienone,
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| (xii) methandranone,
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| (xiii) methandriol,
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| (xiv) methandrostenolone,
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| (xv) methenolone,
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| (xvi) methyltestosterone,
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| (xvii) mibolerone,
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| (xviii) nandrolone,
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| (xix) norethandrolone,
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| (xx) oxandrolone,
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| (xxi) oxymesterone,
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| (xxii) oxymetholone,
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| (xxiii) stanolone,
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| (xxiv) stanozolol,
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| (xxv) testolactone,
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| (xxvi) testosterone,
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| (xxvii) trenbolone, and
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| (xxviii) any salt, ester, or isomer of a drug or | 22 |
| substance described
or listed in this paragraph, if | 23 |
| that salt, ester, or isomer promotes muscle
growth.
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| Any person who is otherwise lawfully in possession of an | 25 |
| anabolic
steroid, or who otherwise lawfully manufactures, | 26 |
| distributes, dispenses,
delivers, or possesses with intent to |
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| deliver an anabolic steroid, which
anabolic steroid is | 2 |
| expressly intended for and lawfully allowed to be
administered | 3 |
| through implants to livestock or other nonhuman species, and
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| which is approved by the Secretary of Health and Human Services | 5 |
| for such
administration, and which the person intends to | 6 |
| administer or have
administered through such implants, shall | 7 |
| not be considered to be in
unauthorized possession or to | 8 |
| unlawfully manufacture, distribute, dispense,
deliver, or | 9 |
| possess with intent to deliver such anabolic steroid for
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| purposes of this Act.
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| (d) "Administration" means the Drug Enforcement | 12 |
| Administration,
United States Department of Justice, or its | 13 |
| successor agency.
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| (e) "Control" means to add a drug or other substance, or | 15 |
| immediate
precursor, to a Schedule under Article II of this Act | 16 |
| whether by
transfer from another Schedule or otherwise.
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| (f) "Controlled Substance" means a drug, substance, or | 18 |
| immediate
precursor in the Schedules of Article II of this Act.
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| (g) "Counterfeit substance" means a controlled substance, | 20 |
| which, or
the container or labeling of which, without | 21 |
| authorization bears the
trademark, trade name, or other | 22 |
| identifying mark, imprint, number or
device, or any likeness | 23 |
| thereof, of a manufacturer, distributor, or
dispenser other | 24 |
| than the person who in fact manufactured, distributed,
or | 25 |
| dispensed the substance.
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| (h) "Deliver" or "delivery" means the actual, constructive |
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| or
attempted transfer of possession of a controlled substance, | 2 |
| with or
without consideration, whether or not there is an | 3 |
| agency relationship.
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| (i) "Department" means the Illinois Department of Human | 5 |
| Services (as
successor to the Department of Alcoholism and | 6 |
| Substance Abuse) or its successor agency.
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| (j) "Department of State Police" means the Department of | 8 |
| State
Police of the State of Illinois or its successor agency.
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| (k) "Department of Corrections" means the Department of | 10 |
| Corrections
of the State of Illinois or its successor agency.
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| (l) "Department of Financial and Professional Regulation" | 12 |
| means the Department
of Financial and Professional Regulation | 13 |
| of the State of Illinois or its successor agency.
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| (m) "Depressant" or "stimulant substance" means:
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| (1) a drug which contains any quantity of (i) | 16 |
| barbituric acid or
any of the salts of barbituric acid | 17 |
| which has been designated as habit
forming under section | 18 |
| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | 19 |
| U.S.C. 352 (d)); or
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| (2) a drug which contains any quantity of (i) | 21 |
| amphetamine or
methamphetamine and any of their optical | 22 |
| isomers; (ii) any salt of
amphetamine or methamphetamine or | 23 |
| any salt of an optical isomer of
amphetamine; or (iii) any | 24 |
| substance which the Department, after
investigation, has | 25 |
| found to be, and by rule designated as, habit forming
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| because of its depressant or stimulant effect on the |
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| central nervous
system; or
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| (3) lysergic acid diethylamide; or
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| (4) any drug which contains any quantity of a substance | 4 |
| which the
Department, after investigation, has found to | 5 |
| have, and by rule
designated as having, a potential for | 6 |
| abuse because of its depressant or
stimulant effect on the | 7 |
| central nervous system or its hallucinogenic
effect.
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| (n) (Blank).
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| (o) "Director" means the Director of the Department of | 10 |
| State Police or
the Department of Professional Regulation or | 11 |
| his or her designated agents.
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| (p) "Dispense" means to deliver a controlled substance to | 13 |
| an
ultimate user or research subject by or pursuant to the | 14 |
| lawful order of
a prescriber, including the prescribing, | 15 |
| administering, packaging,
labeling, or compounding necessary | 16 |
| to prepare the substance for that
delivery.
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| (q) "Dispenser" means a practitioner who dispenses.
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| (r) "Distribute" means to deliver, other than by | 19 |
| administering or
dispensing, a controlled substance.
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| (s) "Distributor" means a person who distributes.
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| (t) "Drug" means (1) substances recognized as drugs in the | 22 |
| official
United States Pharmacopoeia, Official Homeopathic | 23 |
| Pharmacopoeia of the
United States, or official National | 24 |
| Formulary, or any supplement to any
of them; (2) substances | 25 |
| intended for use in diagnosis, cure, mitigation,
treatment, or | 26 |
| prevention of disease in man or animals; (3) substances
(other |
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| than food) intended to affect the structure of any function of
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| the body of man or animals and (4) substances intended for use | 3 |
| as a
component of any article specified in clause (1), (2), or | 4 |
| (3) of this
subsection. It does not include devices or their | 5 |
| components, parts, or
accessories.
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| (t-1) "Drug Schedule" means the classification system | 7 |
| established by the federal Food and Drug Administration and the | 8 |
| federal Drug Enforcement Administration. | 9 |
| (t-5) "Euthanasia agency" means
an entity certified by the | 10 |
| Department of Financial and Professional Regulation for the
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| purpose of animal euthanasia that holds an animal control | 12 |
| facility license or
animal
shelter license under the Animal | 13 |
| Welfare Act. A euthanasia agency is
authorized to purchase, | 14 |
| store, possess, and utilize Schedule II nonnarcotic and
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| Schedule III nonnarcotic drugs for the sole purpose of animal | 16 |
| euthanasia.
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| (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 18 |
| substances
(nonnarcotic controlled substances) that are used | 19 |
| by a euthanasia agency for
the purpose of animal euthanasia.
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| (u) "Good faith" means the prescribing or dispensing of a | 21 |
| controlled
substance by a practitioner in the regular course of | 22 |
| professional
treatment to or for any person who is under his or | 23 |
| her treatment for a
pathology or condition other than that | 24 |
| individual's physical or
psychological dependence upon or | 25 |
| addiction to a controlled substance,
except as provided herein: | 26 |
| and application of the term to a pharmacist
shall mean the |
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| dispensing of a controlled substance pursuant to the
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| prescriber's order which in the professional judgment of the | 3 |
| pharmacist
is lawful. The pharmacist shall be guided by | 4 |
| accepted professional
standards including, but not limited to | 5 |
| the following, in making the
judgment:
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| (1) lack of consistency of doctor-patient | 7 |
| relationship,
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| (2) frequency of prescriptions for same drug by one | 9 |
| prescriber for
large numbers of patients,
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| (3) quantities beyond those normally prescribed,
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| (4) unusual dosages,
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| (5) unusual geographic distances between patient, | 13 |
| pharmacist and
prescriber,
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| (6) consistent prescribing of habit-forming drugs.
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| (u-1) "Home infusion services" means services provided by a | 16 |
| pharmacy in
compounding solutions for direct administration to | 17 |
| a patient in a private
residence, long-term care facility, or | 18 |
| hospice setting by means of parenteral,
intravenous, | 19 |
| intramuscular, subcutaneous, or intraspinal infusion.
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| (v) "Immediate precursor" means a substance:
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| (1) which the Department has found to be and by rule | 22 |
| designated as
being a principal compound used, or produced | 23 |
| primarily for use, in the
manufacture of a controlled | 24 |
| substance;
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| (2) which is an immediate chemical intermediary used or | 26 |
| likely to
be used in the manufacture of such controlled |
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| substance; and
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| (3) the control of which is necessary to prevent, | 3 |
| curtail or limit
the manufacture of such controlled | 4 |
| substance.
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| (w) "Instructional activities" means the acts of teaching, | 6 |
| educating
or instructing by practitioners using controlled | 7 |
| substances within
educational facilities approved by the State | 8 |
| Board of Education or
its successor agency.
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| (x) "Local authorities" means a duly organized State, | 10 |
| County or
Municipal peace unit or police force.
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| (y) "Look-alike substance" means a substance, other than a | 12 |
| controlled
substance which (1) by overall dosage unit | 13 |
| appearance, including shape,
color, size, markings or lack | 14 |
| thereof, taste, consistency, or any other
identifying physical | 15 |
| characteristic of the substance, would lead a reasonable
person | 16 |
| to believe that the substance is a controlled substance, or (2) | 17 |
| is
expressly or impliedly represented to be a controlled | 18 |
| substance or is
distributed under circumstances which would | 19 |
| lead a reasonable person to
believe that the substance is a | 20 |
| controlled substance. For the purpose of
determining whether | 21 |
| the representations made or the circumstances of the
| 22 |
| distribution would lead a reasonable person to believe the | 23 |
| substance to be
a controlled substance under this clause (2) of | 24 |
| subsection (y), the court or
other authority may consider the | 25 |
| following factors in addition to any other
factor that may be | 26 |
| relevant:
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| (a) statements made by the owner or person in control | 2 |
| of the substance
concerning its nature, use or effect;
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| (b) statements made to the buyer or recipient that the | 4 |
| substance may
be resold for profit;
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| (c) whether the substance is packaged in a manner | 6 |
| normally used for the
illegal distribution of controlled | 7 |
| substances;
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| (d) whether the distribution or attempted distribution | 9 |
| included an
exchange of or demand for money or other | 10 |
| property as consideration, and
whether the amount of the | 11 |
| consideration was substantially greater than the
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| reasonable retail market value of the substance.
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| Clause (1) of this subsection (y) shall not apply to a | 14 |
| noncontrolled
substance in its finished dosage form that was | 15 |
| initially introduced into
commerce prior to the initial | 16 |
| introduction into commerce of a controlled
substance in its | 17 |
| finished dosage form which it may substantially resemble.
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| Nothing in this subsection (y) prohibits the dispensing or | 19 |
| distributing
of noncontrolled substances by persons authorized | 20 |
| to dispense and
distribute controlled substances under this | 21 |
| Act, provided that such action
would be deemed to be carried | 22 |
| out in good faith under subsection (u) if the
substances | 23 |
| involved were controlled substances.
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| Nothing in this subsection (y) or in this Act prohibits the | 25 |
| manufacture,
preparation, propagation, compounding, | 26 |
| processing, packaging, advertising
or distribution of a drug or |
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| drugs by any person registered pursuant to
Section 510 of the | 2 |
| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
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| (y-1) "Mail-order pharmacy" means a pharmacy that is | 4 |
| located in a state
of the United States, other than Illinois, | 5 |
| that delivers, dispenses or
distributes, through the United | 6 |
| States Postal Service or other common
carrier, to Illinois | 7 |
| residents, any substance which requires a prescription.
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| (z) "Manufacture" means the production, preparation, | 9 |
| propagation,
compounding, conversion or processing of a | 10 |
| controlled substance other than methamphetamine, either
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| directly or indirectly, by extraction from substances of | 12 |
| natural origin,
or independently by means of chemical | 13 |
| synthesis, or by a combination of
extraction and chemical | 14 |
| synthesis, and includes any packaging or
repackaging of the | 15 |
| substance or labeling of its container, except that
this term | 16 |
| does not include:
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| (1) by an ultimate user, the preparation or compounding | 18 |
| of a
controlled substance for his or her own use; or
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| (2) by a practitioner, or his or her authorized agent | 20 |
| under his
or her supervision, the preparation, | 21 |
| compounding, packaging, or labeling of a
controlled | 22 |
| substance:
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| (a) as an incident to his or her administering or | 24 |
| dispensing of a
controlled substance in the course of | 25 |
| his or her professional practice; or
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| (b) as an incident to lawful research, teaching or |
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| chemical
analysis and not for sale.
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| (z-1) (Blank).
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| (aa) "Narcotic drug" means any of the following, whether | 4 |
| produced
directly or indirectly by extraction from substances | 5 |
| of natural origin,
or independently by means of chemical | 6 |
| synthesis, or by a combination of
extraction and chemical | 7 |
| synthesis:
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| (1) opium and opiate, and any salt, compound, | 9 |
| derivative, or
preparation of opium or opiate;
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| (2) any salt, compound, isomer, derivative, or | 11 |
| preparation thereof
which is chemically equivalent or | 12 |
| identical with any of the substances
referred to in clause | 13 |
| (1), but not including the isoquinoline alkaloids
of opium;
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| (3) opium poppy and poppy straw;
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| (4) coca leaves and any salts, compound, isomer, salt | 16 |
| of an isomer,
derivative, or preparation of coca leaves | 17 |
| including cocaine or ecgonine,
and any salt, compound, | 18 |
| isomer, derivative, or preparation thereof which is
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| chemically equivalent or identical with any of these | 20 |
| substances, but not
including decocainized coca leaves or | 21 |
| extractions of coca leaves which do
not contain cocaine or | 22 |
| ecgonine (for the purpose of this paragraph, the
term | 23 |
| "isomer" includes optical, positional and geometric | 24 |
| isomers).
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| (bb) "Nurse" means a registered nurse licensed under the
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| Nurse Practice Act.
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| (cc) (Blank).
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| (dd) "Opiate" means any substance having an addiction | 3 |
| forming or
addiction sustaining liability similar to morphine | 4 |
| or being capable of
conversion into a drug having addiction | 5 |
| forming or addiction sustaining
liability.
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| (ee) "Opium poppy" means the plant of the species Papaver
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| somniferum L., except its seeds.
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| (ff) "Parole and Pardon Board" means the Parole and Pardon | 9 |
| Board of
the State of Illinois or its successor agency.
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| (gg) "Person" means any individual, corporation, | 11 |
| mail-order pharmacy,
government or governmental subdivision or | 12 |
| agency, business trust, estate,
trust, partnership or | 13 |
| association, or any other entity.
| 14 |
| (hh) "Pharmacist" means any person who holds a license or | 15 |
| certificate of
registration as a registered pharmacist, a local | 16 |
| registered pharmacist
or a registered assistant pharmacist | 17 |
| under the Pharmacy Practice Act.
| 18 |
| (ii) "Pharmacy" means any store, ship or other place in | 19 |
| which
pharmacy is authorized to be practiced under the Pharmacy | 20 |
| Practice Act.
| 21 |
| (jj) "Poppy straw" means all parts, except the seeds, of | 22 |
| the opium
poppy, after mowing.
| 23 |
| (kk) "Practitioner" means a physician licensed to practice | 24 |
| medicine in all
its branches, dentist, optometrist, | 25 |
| podiatrist,
veterinarian, scientific investigator, pharmacist, | 26 |
| physician assistant,
advanced practice nurse,
licensed |
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| practical
nurse, registered nurse, hospital, laboratory, or | 2 |
| pharmacy, or other
person licensed, registered, or otherwise | 3 |
| lawfully permitted by the
United States or this State to | 4 |
| distribute, dispense, conduct research
with respect to, | 5 |
| administer or use in teaching or chemical analysis, a
| 6 |
| controlled substance in the course of professional practice or | 7 |
| research.
| 8 |
| (ll) "Pre-printed prescription" means a written | 9 |
| prescription upon which
the designated drug has been indicated | 10 |
| prior to the time of issuance and does not mean a written | 11 |
| prescription which is machine or computer generated | 12 |
| individually in the prescriber's office .
| 13 |
| (mm) "Prescriber" means a physician licensed to practice | 14 |
| medicine in all
its branches, dentist, optometrist, podiatrist | 15 |
| or
veterinarian who issues a prescription, a physician | 16 |
| assistant who
issues a
prescription for a Schedule III, IV, or | 17 |
| V controlled substance
in accordance
with Section 303.05 and | 18 |
| the written guidelines required under Section 7.5
of the
| 19 |
| Physician Assistant Practice Act of 1987, or an advanced | 20 |
| practice
nurse with prescriptive authority delegated under | 21 |
| Section 65-40 of the Nurse Practice Act and in accordance with | 22 |
| Section 303.05
and a written
collaborative agreement under | 23 |
| Section 65-35 of the Nurse Practice Act.
| 24 |
| (nn) "Prescription" means a lawful written, facsimile, or | 25 |
| verbal order
of
a physician licensed to practice medicine in | 26 |
| all its branches,
dentist, podiatrist or veterinarian for any |
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| controlled
substance, of an optometrist for a Schedule III, IV, | 2 |
| or V controlled substance in accordance with Section 15.1 of | 3 |
| the Illinois Optometric Practice Act of 1987, of a physician | 4 |
| assistant for a Schedule III, IV, or V
controlled substance
in | 5 |
| accordance with Section 303.05 and the written guidelines | 6 |
| required under
Section 7.5 of the
Physician Assistant Practice | 7 |
| Act of 1987, or of an advanced practice
nurse with prescriptive | 8 |
| authority delegated under Section 65-40 of the Nurse Practice | 9 |
| Act who issues a prescription for a Schedule III, IV, or V
| 10 |
| controlled substance in accordance
with
Section 303.05 and a | 11 |
| written collaborative agreement under Section 65-35 of the | 12 |
| Nurse Practice Act.
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| (oo) "Production" or "produce" means manufacture, | 14 |
| planting,
cultivating, growing, or harvesting of a controlled | 15 |
| substance other than methamphetamine.
| 16 |
| (pp) "Registrant" means every person who is required to | 17 |
| register
under Section 302 of this Act.
| 18 |
| (qq) "Registry number" means the number assigned to each | 19 |
| person
authorized to handle controlled substances under the | 20 |
| laws of the United
States and of this State.
| 21 |
| (rr) "Secretary" means the Secretary of the Department of | 22 |
| Financial and Professional Regulation or the Department of | 23 |
| Human Services or his or her designated agents. | 24 |
| (ss) (rr) "State" includes the State of Illinois and any | 25 |
| state, district,
commonwealth, territory, insular possession | 26 |
| thereof, and any area
subject to the legal authority of the |
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| United States of America.
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| (tt) (ss) "Ultimate user" means a person who lawfully | 3 |
| possesses a
controlled substance for his or her own use or for | 4 |
| the use of a member of his or her
household or for | 5 |
| administering to an animal owned by him or her or by a member
| 6 |
| of his or her household.
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| (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08; | 8 |
| 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff. | 9 |
| 8-21-08.)
| 10 |
| (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
| 11 |
| Sec. 201. (a) The Department shall carry out the provisions | 12 |
| of
this Article. The Department or its successor agency
may add | 13 |
| substances
to a drug schedule which is higher than the federal | 14 |
| schedule by administrative rule or delete or reschedule all | 15 |
| controlled substances in the Schedules of
Sections 204, 206, | 16 |
| 208, 210 and 212 of this Act . In making a determination
| 17 |
| regarding the elevating addition,
deletion, or rescheduling of | 18 |
| a substance, the Department
shall consider
the following:
| 19 |
| (1) the actual or relative potential for abuse;
| 20 |
| (2) the scientific evidence of its pharmacological | 21 |
| effect, if known;
| 22 |
| (3) the state of current scientific knowledge | 23 |
| regarding the
substance;
| 24 |
| (4) the history and current pattern of abuse;
| 25 |
| (5) the scope, duration, and significance of abuse;
|
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| (6) the risk to the public health;
| 2 |
| (7) the potential of the substance to produce | 3 |
| psychological or
physiological dependence;
| 4 |
| (8) whether the substance is an immediate precursor of | 5 |
| a substance
already controlled under this Article;
| 6 |
| (9) the immediate harmful effect in terms of | 7 |
| potentially fatal
dosage; and
| 8 |
| (10) the long-range effects in terms of permanent | 9 |
| health impairment.
| 10 |
| (b) (Blank).
| 11 |
| (c) (Blank).
| 12 |
| (d) If any substance is scheduled, rescheduled, or
deleted | 13 |
| as a
controlled substance under Federal law and notice thereof | 14 |
| is given to
the Department, the Department shall
similarly | 15 |
| control the substance
under this Act after the expiration of 30 | 16 |
| days from publication in the
Federal Register of a final order | 17 |
| scheduling a substance as
a
controlled substance or | 18 |
| rescheduling or deleting a substance, unless
within that 30 day | 19 |
| period the Department initiates action to elevate the schedule | 20 |
| for a specific controlled substance objects, or
a party | 21 |
| adversely
affected files with the Department substantial | 22 |
| written objections
objecting to inclusion, rescheduling, or | 23 |
| deletion . In that case, the
Department shall publish the | 24 |
| reasons for that action objection or the substantial
written | 25 |
| objections and afford all interested parties an opportunity to
| 26 |
| be heard. At the conclusion of the hearing, the Department |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| shall
publish its decision, by means of a rule, which shall be | 2 |
| final unless
altered by statute. Upon publication of objections | 3 |
| by the Department, similar control
under this Act whether by | 4 |
| inclusion, rescheduling or deletion is stayed
until the | 5 |
| Department publishes its ruling.
| 6 |
| (e) (Blank). The Department shall by rule exclude any | 7 |
| non-narcotic
substances
from a schedule if such substance may, | 8 |
| under the Federal Food, Drug, and
Cosmetic Act, be lawfully | 9 |
| sold over the counter without a prescription.
| 10 |
| (f) (Blank).
| 11 |
| (g) Authority to control under this section does not extend | 12 |
| to
distilled spirits, wine, malt beverages, or tobacco as those | 13 |
| terms are
defined or used in the Liquor Control Act and the | 14 |
| Tobacco Products Tax
Act.
| 15 |
| (h) Persons registered with the Drug Enforcement | 16 |
| Administration to manufacture or distribute controlled | 17 |
| substances shall maintain adequate security and provide | 18 |
| effective controls and procedures to guard against theft and | 19 |
| diversion, but shall not otherwise be required to meet the | 20 |
| physical security control requirements (such as cage or vault) | 21 |
| for Schedule V controlled substances containing | 22 |
| pseudoephedrine or Schedule II controlled substances | 23 |
| containing dextromethorphan.
| 24 |
| (Source: P.A. 94-800, eff. 1-1-07; 94-1087, eff. 1-19-07; | 25 |
| 95-331, eff. 8-21-07.)
|
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| (720 ILCS 570/202) (from Ch. 56 1/2, par. 1202)
| 2 |
| Sec. 202.
| 3 |
| (a) The scheduled controlled substances shall be those | 4 |
| listed by the authorized federal agency. Any federally | 5 |
| scheduled substance may be scheduled higher by administrative | 6 |
| rule or to be listed in the schedules in
sections 204, 206, | 7 |
| 208, 210 and 212 are included by whatever official,
common, | 8 |
| usual, chemical, or trade name designated .
| 9 |
| (b) The Prescription Drug User Committee shall be formed in | 10 |
| order to: | 11 |
| (1) provide a uniform approach to review the Illinois | 12 |
| Controlled Substances Act in order to determine if changes | 13 |
| should be recommended to the General Assembly. | 14 |
| (2) review current drug schedules in order to manage | 15 |
| changes to the Administrative Rules pertaining to the | 16 |
| utilization of this Act. | 17 |
| (c) The User Committee will consist of: | 18 |
| (1) A representative from the Illinois Department of | 19 |
| Human Services, Bureau of Pharmacy and Clinical Support | 20 |
| Services or its successor. | 21 |
| (2) A representative from the Illinois Department of | 22 |
| Human Services, Division of Alcoholism and Substance Abuse | 23 |
| or its successor. | 24 |
| (3) A representative from the Illinois Department of | 25 |
| Financial and Professional Regulations or its successor. | 26 |
| (4) A representative from the Illinois Department of |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| Public Health. | 2 |
| (d) The Secretary of the Department of Human Services shall | 3 |
| designate the chair person of the User Committee. | 4 |
| (e) The User Committee shall meet on the first Monday on or | 5 |
| after April 1st and October 1st. Reasonable travel expenses | 6 |
| shall be paid from the Prescription Monitoring Program budget | 7 |
| line. | 8 |
| (Source: P.A. 77-757.)
| 9 |
| (720 ILCS 570/205) (from Ch. 56 1/2, par. 1205)
| 10 |
| Sec. 205.
The Department shall issue a rule scheduling a | 11 |
| substance
in Schedule II if
it finds that:
| 12 |
| (1) the substance has high potential for abuse;
| 13 |
| (2) the substance has currently accepted medical use in | 14 |
| treatment in the
United States, or currently accepted medical | 15 |
| use with severe restrictions;
and
| 16 |
| (3) the abuse of the substance may lead to severe | 17 |
| psychological or
physiological dependence ; and .
| 18 |
| (4) the federal scheduling agency should have assigned a | 19 |
| specific drug with a more restricted schedule. | 20 |
| (Source: P.A. 83-969.)
| 21 |
| (720 ILCS 570/207) (from Ch. 56 1/2, par. 1207)
| 22 |
| Sec. 207.
The Department shall issue a rule scheduling a | 23 |
| substance
in Schedule III
if it finds that:
| 24 |
| (1) the substance has a potential for abuse less than the |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| substances
listed in Schedule I and II;
| 2 |
| (2) the substance has currently accepted medical use in | 3 |
| treatment in the
United States; and
| 4 |
| (3) abuse of the substance may lead to moderate or low | 5 |
| physiological
dependence or high psychological dependence ; and | 6 |
| .
| 7 |
| (4) the federal scheduling agency should have assigned a | 8 |
| specific drug with a more restricted schedule. | 9 |
| (Source: P.A. 83-969.)
| 10 |
| (720 ILCS 570/209) (from Ch. 56 1/2, par. 1209)
| 11 |
| Sec. 209.
The Department shall issue a rule scheduling a | 12 |
| substance
in Schedule IV if
it finds that:
| 13 |
| (1) the substance has a low potential for abuse relative to | 14 |
| substances
in Schedule III;
| 15 |
| (2) the substance has currently accepted medical use in | 16 |
| treatment in the
United States; and
| 17 |
| (3) abuse of the substance may lead to limited | 18 |
| physiological dependence
or psychological dependence relative | 19 |
| to the substances in Schedule III ; and .
| 20 |
| (4) the federal scheduling agency should have assigned a | 21 |
| specific drug with a more restricted schedule. | 22 |
| (Source: P.A. 83-969.)
| 23 |
| (720 ILCS 570/211) (from Ch. 56 1/2, par. 1211)
| 24 |
| Sec. 211. The Department shall issue a rule scheduling a |
|
|
|
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LRB096 04780 RLC 25431 a |
|
| 1 |
| substance
in Schedule V if
it finds that:
| 2 |
| (1) the substance has low potential for abuse relative to | 3 |
| the controlled
substances listed in Schedule IV;
| 4 |
| (2) the substance has currently accepted medical use in | 5 |
| treatment in the
United States; and
| 6 |
| (3) abuse of the substance may lead to limited | 7 |
| physiological dependence
or psychological dependence relative | 8 |
| to the substances in Schedule IV, or the substance is a | 9 |
| targeted methamphetamine precursor as defined in the | 10 |
| Methamphetamine Precursor Control Act ; and .
| 11 |
| (4) the federal scheduling agency should have assigned a | 12 |
| specific drug with a more restricted schedule. | 13 |
| (Source: P.A. 94-694, eff. 1-15-06.)
| 14 |
| (720 ILCS 570/214) (from Ch. 56 1/2, par. 1214)
| 15 |
| Sec. 214. Excluded Substances.
| 16 |
| (a) Products containing an anabolic steroid, that are | 17 |
| expressly intended
for administration
through implants to | 18 |
| cattle or other nonhuman species and that have been
approved by | 19 |
| the U.S.
Secretary of Health and Human Services for that | 20 |
| administration, and that are
excluded
from all schedules
under | 21 |
| Section 102(41)(B)(1) of the federal Controlled Substances Act | 22 |
| (21 U.S.C.
802(41)(B)(1)) are also excluded from Sections 207 | 23 |
| and 208 of this Act.
| 24 |
| (b) The non-narcotic substances excluded from all | 25 |
| schedules of
the Federal Controlled Substances Act (21 U.S.C. |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| 801 et seq.)
pursuant to Section 1308.22 of the Code of Federal
| 2 |
| Regulations (21 C.F.R. 1308.22), are excluded from all | 3 |
| schedules of this
Act.
| 4 |
| (Source: P.A. 91-714, eff. 6-2-00.)
| 5 |
| (720 ILCS 570/301) (from Ch. 56 1/2, par. 1301)
| 6 |
| Sec. 301. The Department of Financial and Professional | 7 |
| Regulation shall promulgate
rules and charge reasonable fees | 8 |
| and fines relating to the registration and
control of the | 9 |
| manufacture, distribution, and dispensing of controlled
| 10 |
| substances within this State. All moneys received by the | 11 |
| Department of Financial and
Professional Regulation under this | 12 |
| Act shall be deposited into the respective
professional | 13 |
| dedicated funds in like manner as the primary professional
| 14 |
| licenses. | 15 |
| A pharmacy, manufacturer of controlled substances, or | 16 |
| wholesale distributor of controlled substances that is | 17 |
| regulated under this Act and owned and operated by the State is | 18 |
| exempt from fees required under this Act. Pharmacists and | 19 |
| pharmacy technicians working in facilities owned and operated | 20 |
| by the State are not exempt from the payment of fees required | 21 |
| by this Act and any rules adopted under this Act. Nothing in | 22 |
| this Section shall be construed to prohibit the Department from | 23 |
| imposing any fine or other penalty allowed under this Act.
| 24 |
| (Source: P.A. 95-689, eff. 10-29-07.)
|
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
| 2 |
| Sec. 302. (a) Every person who manufactures, distributes, | 3 |
| or dispenses
any controlled substances, or engages in chemical | 4 |
| analysis, and
instructional activities which utilize | 5 |
| controlled substances,
or who purchases, stores, or | 6 |
| administers euthanasia drugs, within this
State or who proposes | 7 |
| to engage in the
manufacture, distribution, or dispensing of | 8 |
| any controlled substance, or to
engage in chemical analysis, | 9 |
| and instructional activities
which utilize controlled | 10 |
| substances, or to engage in purchasing, storing, or
| 11 |
| administering euthanasia drugs, within this State, must obtain | 12 |
| a
registration issued by the Department of Financial and | 13 |
| Professional Regulation in
accordance with its rules. The rules | 14 |
| shall
include, but not be limited to, setting the expiration | 15 |
| date and renewal
period for each registration under this Act. | 16 |
| The Department,
and any facility or service licensed by the | 17 |
| Department, shall be exempt
from the regulation requirements of | 18 |
| this Section.
| 19 |
| (b) Persons registered by the Department of Financial and | 20 |
| Professional Regulation
under this Act to manufacture, | 21 |
| distribute, or dispense controlled
substances, or purchase, | 22 |
| store, or administer euthanasia drugs, may
possess, | 23 |
| manufacture, distribute, or dispense those
substances, or | 24 |
| purchase, store, or administer euthanasia drugs, to the
extent | 25 |
| authorized by their registration and in conformity
with the | 26 |
| other provisions of this Article.
|
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| (c) The following persons need not register and may | 2 |
| lawfully possess
controlled substances under this Act:
| 3 |
| (1) an agent or employee of any registered | 4 |
| manufacturer, distributor, or
dispenser of any controlled | 5 |
| substance if he or she is acting in the usual course
of his | 6 |
| or her employer's lawful business or employment;
| 7 |
| (2) a common or contract carrier or warehouseman, or an | 8 |
| agent or
employee thereof, whose possession of any | 9 |
| controlled substance is in the
usual lawful course of such | 10 |
| business or employment;
| 11 |
| (3) an ultimate user or a person in possession of any | 12 |
| controlled
substance pursuant to a lawful prescription of a | 13 |
| practitioner or in lawful
possession of a Schedule V | 14 |
| substance;
| 15 |
| (4) officers and employees of this State or of the | 16 |
| United States while
acting in the lawful course of their | 17 |
| official duties which requires
possession of controlled | 18 |
| substances;
| 19 |
| (5) a registered pharmacist who is employed in, or the | 20 |
| owner of, a
pharmacy licensed under this Act and the | 21 |
| Federal Controlled Substances Act,
at the licensed | 22 |
| location, or if he or she is acting in the usual course of | 23 |
| his or her
lawful profession, business, or employment.
| 24 |
| (d) A separate registration is required at each place of
| 25 |
| business or professional practice where the applicant | 26 |
| manufactures,
distributes, or dispenses controlled substances, |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| or purchases, stores, or
administers euthanasia drugs.
Persons | 2 |
| are required to obtain a separate registration for each
place | 3 |
| of business or professional practice where controlled
| 4 |
| substances are located or stored. A separate registration is
| 5 |
| not required for every location at which a controlled substance
| 6 |
| may be prescribed.
| 7 |
| (e) The Department of Financial and Professional | 8 |
| Regulation or the Department of
State Police may inspect the | 9 |
| controlled premises, as defined in Section
502 of this Act, of | 10 |
| a registrant or applicant for registration in
accordance with | 11 |
| this Act and the rules promulgated hereunder and with regard
to | 12 |
| persons licensed by the Department, in accordance with | 13 |
| subsection (bb)
of Section 30-5
of the Alcoholism and Other | 14 |
| Drug Abuse and Dependency Act and
the rules and
regulations | 15 |
| promulgated thereunder.
| 16 |
| (Source: P.A. 93-626, eff. 12-23-03.)
| 17 |
| (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
| 18 |
| Sec. 303. (a) The Department of Financial and Professional | 19 |
| Regulation shall license an
applicant to manufacture, | 20 |
| distribute or dispense controlled substances
included in | 21 |
| Section 202 Sections 204, 206, 208, 210 and 212 of this Act or | 22 |
| purchase,
store, or administer euthanasia drugs unless it
| 23 |
| determines that the issuance of that license would be
| 24 |
| inconsistent
with the public interest. In determining the | 25 |
| public interest, the
Department of Financial and Professional |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| Regulation shall consider the following:
| 2 |
| (1) maintenance of effective controls against | 3 |
| diversion of controlled
substances into other than lawful | 4 |
| medical, scientific, or industrial
channels;
| 5 |
| (2) compliance with applicable Federal, State and | 6 |
| local law;
| 7 |
| (3) any convictions of the applicant under any law of | 8 |
| the United States
or of any State relating to any | 9 |
| controlled substance;
| 10 |
| (4) past experience in the manufacture or distribution | 11 |
| of controlled
substances, and the existence in the | 12 |
| applicant's establishment of effective
controls against | 13 |
| diversion;
| 14 |
| (5) furnishing by the applicant of false or fraudulent | 15 |
| material in any
application filed under this Act;
| 16 |
| (6) suspension or revocation of the applicant's | 17 |
| Federal
registration to
manufacture, distribute, or | 18 |
| dispense controlled substances, or purchase,
store, or | 19 |
| administer euthanasia drugs, as authorized by
Federal law;
| 20 |
| (7) whether the applicant is suitably equipped with the | 21 |
| facilities
appropriate to carry on the operation described | 22 |
| in his or her application;
| 23 |
| (8) whether the applicant is of good moral character | 24 |
| or, if the
applicant is a partnership, association, | 25 |
| corporation or other organization,
whether the partners, | 26 |
| directors, governing committee and managing officers
are |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| of good moral character;
| 2 |
| (9) any other factors relevant to and consistent with | 3 |
| the public health
and safety; and
| 4 |
| (10) evidence from court, medical disciplinary and | 5 |
| pharmacy
board records and those of State and Federal | 6 |
| investigatory bodies that the
applicant has not or does not | 7 |
| prescribe controlled substances within the
provisions of | 8 |
| this Act.
| 9 |
| (b) No license shall be granted to or renewed for any
| 10 |
| person who
has within 5 years been convicted of a willful | 11 |
| wilful violation of any law of the
United States or any law of | 12 |
| any State relating to controlled substances, or
who is found to | 13 |
| be deficient in any of the matters enumerated in
subsections | 14 |
| (a)(1) through (a)(8).
| 15 |
| (c) Licensure under subsection (a) does not entitle a
| 16 |
| registrant to
manufacture, distribute or dispense controlled | 17 |
| substances in Schedules I or
II other than those specified in | 18 |
| the registration.
| 19 |
| (d) Practitioners who are licensed to dispense any
| 20 |
| controlled
substances in Schedules II through V are authorized | 21 |
| to
conduct instructional activities with controlled substances
| 22 |
| in Schedules II through V under the law of this State.
| 23 |
| (e) If an applicant for registration is registered under | 24 |
| the Federal law
to manufacture, distribute or dispense | 25 |
| controlled substances, or purchase,
store, or administer | 26 |
| euthanasia drugs, upon filing a
completed application for |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| licensure in this State and
payment of all
fees due hereunder, | 2 |
| he or she shall be licensed in this State to
the same extent
as | 3 |
| his or her Federal registration, unless, within 30 days after | 4 |
| completing his or her
application in this State, the Department | 5 |
| of Financial and Professional Regulation
notifies the | 6 |
| applicant that his or her application has not been granted. A
| 7 |
| practitioner who is in compliance with the Federal law with | 8 |
| respect to
registration to dispense controlled substances in | 9 |
| Schedules II through V
need only send a current copy of that | 10 |
| Federal registration to the
Department of Financial and | 11 |
| Professional Regulation and he or she shall be deemed in
| 12 |
| compliance with the registration provisions of this State.
| 13 |
| (e-5) Beginning July 1, 2003, all of the fees and fines | 14 |
| collected under
this Section 303 shall be deposited into the | 15 |
| Illinois State Pharmacy
Disciplinary Fund.
| 16 |
| (f) The fee for registration as a manufacturer or wholesale | 17 |
| distributor
of controlled substances shall be $50.00 per year, | 18 |
| except that the fee for
registration as a manufacturer or | 19 |
| wholesale distributor of controlled
substances that may be | 20 |
| dispensed without a prescription under this Act
shall be $15.00 | 21 |
| per year. The expiration date and renewal period for
each | 22 |
| controlled substance license issued
under this Act shall be set | 23 |
| by rule.
| 24 |
| (Source: P.A. 93-32, eff. 7-1-03; 93-626, eff. 12-23-03.)
| 25 |
| (720 ILCS 570/303.05)
|
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| Sec. 303.05. Mid-level practitioner registration.
| 2 |
| (a) The Department of Financial and Professional | 3 |
| Regulation shall register licensed
physician assistants and | 4 |
| licensed advanced practice nurses to prescribe and
dispense | 5 |
| Schedule
III, IV, or V controlled substances under Section 303 | 6 |
| and euthanasia
agencies to purchase, store, or administer | 7 |
| euthanasia drugs under the
following circumstances:
| 8 |
| (1) with respect to physician assistants or advanced | 9 |
| practice nurses,
| 10 |
| (A) the physician assistant or advanced practice | 11 |
| nurse has been
delegated
prescriptive authority by a | 12 |
| physician licensed to practice medicine in all its
| 13 |
| branches in accordance with Section 7.5 of the | 14 |
| Physician Assistant Practice Act
of 1987 or Section | 15 |
| 65-40 of the Nurse Practice Act;
and
| 16 |
| (B) the physician assistant or advanced practice | 17 |
| nurse has
completed the
appropriate application forms | 18 |
| and has paid the required fees as set by rule;
or
| 19 |
| (2) with respect to euthanasia agencies, the | 20 |
| euthanasia agency has
obtained a license from the | 21 |
| Department of
Financial and Professional Regulation and | 22 |
| obtained a registration number from the
Department.
| 23 |
| (b) The mid-level practitioner shall only be licensed to | 24 |
| prescribe those
schedules of controlled substances for which a | 25 |
| licensed physician has delegated
prescriptive authority, | 26 |
| except that a euthanasia agency does not have any
prescriptive |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| authority.
| 2 |
| (c) Upon completion of all registration requirements, | 3 |
| physician
assistants, advanced practice nurses, and euthanasia | 4 |
| agencies shall be issued a
mid-level practitioner
controlled | 5 |
| substances license for Illinois.
| 6 |
| (Source: P.A. 95-639, eff. 10-5-07.)
| 7 |
| (720 ILCS 570/303.1) (from Ch. 56 1/2, par. 1303.1)
| 8 |
| Sec. 303.1.
Any person who delivers a check or other | 9 |
| payment to the
Department of Financial and Professional | 10 |
| Regulation that is returned to the Department of Financial and | 11 |
| Professional Regulation
unpaid by the financial institution | 12 |
| upon which it is drawn shall pay to the
Department of Financial | 13 |
| and Professional Regulation ,
in addition to the amount already | 14 |
| owed to the Department of Financial and Professional | 15 |
| Regulation , a fine of $50. If
the check or other payment was | 16 |
| for a renewal or issuance fee and that person
practices without
| 17 |
| paying the renewal fee or issuance fee and the fine due, an | 18 |
| additional fine
of $100 shall be imposed. The fines imposed by | 19 |
| this Section are in addition
to any other discipline provided | 20 |
| under this Act for unlicensed
practice or practice on a | 21 |
| nonrenewed license. The Department
of Financial and | 22 |
| Professional Regulation shall notify the person that payment of | 23 |
| fees
and fines shall be paid to the Department of Financial and | 24 |
| Professional Regulation
by certified check or money order | 25 |
| within 30 calendar days of the
notification. If, after the |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| expiration of 30 days from the date of the
notification, the | 2 |
| person has failed to submit the necessary remittance, the
| 3 |
| Department of Financial and Professional Regulation shall | 4 |
| automatically terminate the
license or certificate or deny
the | 5 |
| application, without hearing. If, after termination or denial, | 6 |
| the
person seeks a license or certificate, he or she shall | 7 |
| apply to the
Department of Financial and Professional | 8 |
| Regulation for restoration or issuance of the license or | 9 |
| certificate and
pay all fees and fines due to the Department of | 10 |
| Financial and Professional Regulation . The Department of | 11 |
| Financial and Professional
Regulation may establish
a fee for | 12 |
| the processing of an application for restoration of a license | 13 |
| or
certificate to pay all expenses of processing this | 14 |
| application. The Secretary of Financial and Professional | 15 |
| Regulation Director
may waive the fines due under this Section | 16 |
| in individual cases where the
Secretary of Financial and | 17 |
| Professional Regulation Director finds that the fines would be | 18 |
| unreasonable or unnecessarily
burdensome.
| 19 |
| (Source: P.A. 89-507, eff. 7-1-97.)
| 20 |
| (720 ILCS 570/304) (from Ch. 56 1/2, par. 1304) | 21 |
| Sec. 304. (a) A registration under Section 303 to | 22 |
| manufacture,
distribute, or dispense a controlled substance or | 23 |
| purchase, store, or
administer euthanasia drugs may be | 24 |
| suspended or
revoked by the Department of Financial and | 25 |
| Professional Regulation upon a finding
that the registrant:
|
|
|
|
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|
| 1 |
| (1) has furnished any false or fraudulent material | 2 |
| information in
any application filed under this Act; or
| 3 |
| (2) has been convicted of a felony under any law of the | 4 |
| United
States or any State relating to any controlled | 5 |
| substance; or
| 6 |
| (3) has had suspended or revoked his or her Federal | 7 |
| registration to
manufacture, distribute, or dispense | 8 |
| controlled substances or purchase,
store, or administer | 9 |
| euthanasia drugs; or
| 10 |
| (4) has been convicted of bribery, perjury, or other | 11 |
| infamous crime
under the laws of the United States or of | 12 |
| any State; or
| 13 |
| (5) has violated any provision of this Act or any rules | 14 |
| promulgated
hereunder, or any provision of the | 15 |
| Methamphetamine Precursor Control Act or rules promulgated | 16 |
| thereunder, whether or not he or she has been convicted of | 17 |
| such violation;
or
| 18 |
| (6) has failed to provide effective controls against | 19 |
| the diversion
of controlled substances in other than | 20 |
| legitimate medical, scientific or
industrial channels.
| 21 |
| (b) The Department of Financial and Professional | 22 |
| Regulation may limit
revocation or suspension of a registration | 23 |
| to the particular controlled
substance with respect to which | 24 |
| grounds for revocation or suspension
exist.
| 25 |
| (c) The Department of Financial and Professional | 26 |
| Regulation shall promptly
notify the Administration, the |
|
|
|
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|
| 1 |
| Department of Human Services and the Department of State
Police | 2 |
| or their successor agencies, of all orders denying,
suspending | 3 |
| or revoking registration, all forfeitures of controlled
| 4 |
| substances, and all final court dispositions, if any, of such | 5 |
| denials,
suspensions, revocations or forfeitures.
| 6 |
| (d) If Federal registration of any registrant is suspended, | 7 |
| revoked,
refused renewal or refused issuance, then the | 8 |
| Department of Financial and Professional
Regulation shall | 9 |
| issue a notice and conduct a hearing in accordance
with Section | 10 |
| 305 of this Act.
| 11 |
| (Source: P.A. 93-626, eff. 12-23-03; 94-694, eff. 1-15-06.)
| 12 |
| (720 ILCS 570/305) (from Ch. 56 1/2, par. 1305)
| 13 |
| Sec. 305.
(a) Before denying, refusing renewal of, | 14 |
| suspending or revoking a
registration, the Department of | 15 |
| Financial and Professional Regulation shall serve upon
the | 16 |
| applicant or registrant, by registered mail at the address in | 17 |
| the
application or registration or by any other means | 18 |
| authorized under the
Civil Practice Law or Rules of the | 19 |
| Illinois Supreme Court for the service
of summons or subpoenas, | 20 |
| a notice of hearing to determine why registration
should not be | 21 |
| denied, refused renewal, suspended or revoked. The notice
shall | 22 |
| contain a statement of the basis therefor and shall call upon | 23 |
| the
applicant or registrant to appear before the Department of | 24 |
| Financial and Professional
Regulation at a reasonable time and | 25 |
| place. These proceedings shall be
conducted in accordance with |
|
|
|
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|
| 1 |
| Sections 2105-5, 2105-15, 2105-100, 2105-105,
2105-110,
| 2 |
| 2105-115, 2105-120, 2105-125, 2105-175, and 2105-325
of the | 3 |
| Department of Financial and Professional Regulation Law (20 | 4 |
| ILCS 2105/2105-5,
2105/2105-15, 2105/2105-100, 2105/2105-105, | 5 |
| 2105/2105-110, 2105/2105-115,
2105/2105-120,
2105/2105-125, | 6 |
| 2105/2105-175, and 2105/2105-325),
without
regard to any | 7 |
| criminal prosecution or other proceeding. Except as
authorized | 8 |
| in subsection (c), proceedings to refuse renewal or
suspend or
| 9 |
| revoke registration shall not abate the existing registration, | 10 |
| which shall
remain in effect until the Department of Financial | 11 |
| and Professional Regulation has
held the hearing called for in | 12 |
| the notice and found, with input from the
appropriate licensure | 13 |
| or disciplinary board, that the registration
shall no longer | 14 |
| remain in effect.
| 15 |
| (b) The Secretary of the Department of Financial and | 16 |
| Professional Regulation Director may appoint an attorney duly
| 17 |
| licensed to practice law in the State of Illinois to serve as | 18 |
| the hearing
officer in any action to deny, refuse to renew, | 19 |
| suspend, or revoke, or take any
other disciplinary action with | 20 |
| regard to a registration. The hearing officer
shall have full | 21 |
| authority to conduct the hearing. The hearing officer shall
| 22 |
| report his or her findings and recommendations to the | 23 |
| appropriate licensure or
disciplinary board within 30 days | 24 |
| after receiving the record. The
Disciplinary Board shall have | 25 |
| 60 days from receipt of the report to review the
report of the | 26 |
| hearing officer and present its findings of fact, conclusions
|
|
|
|
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|
| 1 |
| of law, and recommendations to the Secretary of the Department | 2 |
| of Financial and Professional Regulation Director .
| 3 |
| (c) If the Department of Financial and Professional | 4 |
| Regulation finds that
there is
an imminent danger to the public | 5 |
| health or safety by the continued
manufacture, distribution or | 6 |
| dispensing of controlled substances by the
registrant, the | 7 |
| Department of Financial and Professional Regulation may, upon | 8 |
| the
issuance of a written ruling stating the reasons for such | 9 |
| finding and
without notice or hearing, suspend such registrant. | 10 |
| The suspension shall
continue in effect for not more than 14 | 11 |
| days during which time the
registrant shall be given a hearing | 12 |
| on the issues involved in the
suspension. If after the hearing, | 13 |
| and after
input from the appropriate licensure or disciplinary | 14 |
| board,
the Department of Financial and Professional Regulation
| 15 |
| finds that the public health
or safety requires the suspension | 16 |
| to remain in effect it shall so remain
until the ruling is | 17 |
| terminated by its own terms or subsequent ruling or is
| 18 |
| dissolved by a circuit court upon determination that the
| 19 |
| suspension was wholly without basis in fact and law.
| 20 |
| (d) If, after a hearing as provided in subsection (a), the
| 21 |
| Department of Financial and
Professional Regulation
finds that | 22 |
| a registration should be refused
renewal, suspended or revoked, | 23 |
| a written ruling to that effect shall be
entered. The | 24 |
| Department of Financial and Professional Regulation's ruling | 25 |
| shall remain
in effect until the ruling is terminated by its | 26 |
| own terms or subsequent
ruling or is dissolved by a circuit |
|
|
|
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|
| 1 |
| court upon a determination that the
refusal to renew suspension | 2 |
| or revocation was wholly without basis in fact and
law.
| 3 |
| (Source: P.A. 91-239, eff. 1-1-00.)
| 4 |
| (720 ILCS 570/306) (from Ch. 56 1/2, par. 1306)
| 5 |
| Sec. 306. Every practitioner and person who is required | 6 |
| under
this Act to be registered to manufacture, distribute or | 7 |
| dispense controlled
substances or purchase, store, or | 8 |
| administer euthanasia drugs under this
Act shall keep records | 9 |
| and maintain inventories in
conformance with the recordkeeping | 10 |
| and inventory requirements of the laws
of the United States and | 11 |
| with any additional rules and forms issued by the
Department of | 12 |
| Financial and Professional Regulation.
| 13 |
| (Source: P.A. 93-626, eff. 12-23-03.)
| 14 |
| (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
| 15 |
| Sec. 309. On or after April 1, 2000, no person shall issue | 16 |
| a
prescription for a Schedule II
controlled substance, which is | 17 |
| a narcotic drug listed in Section 202 206 of
this Act ; or which | 18 |
| contains any quantity of amphetamine or
methamphetamine, their | 19 |
| salts, optical isomers or salts of optical
isomers; | 20 |
| phenmetrazine and its salts; gluthethimide; and pentazocine , | 21 |
| other than on a written
prescription; provided
that in the case | 22 |
| of an emergency, epidemic or a
sudden or unforeseen accident or | 23 |
| calamity, the prescriber may issue a
lawful oral prescription | 24 |
| where failure to
issue such a prescription might result in
loss |
|
|
|
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|
| 1 |
| of life or intense suffering, but such oral prescription shall
| 2 |
| include a statement by the prescriber concerning the accident
| 3 |
| or calamity, or circumstances constituting the emergency, the | 4 |
| cause for
which an oral prescription was used. Within
7 days | 5 |
| after issuing an
emergency prescription, the prescriber shall | 6 |
| cause a written prescription for
the emergency quantity | 7 |
| prescribed to be delivered to
the dispensing pharmacist. The | 8 |
| prescription shall have written on its face
"Authorization for | 9 |
| Emergency Dispensing", and the date of the emergency
| 10 |
| prescription. The written prescription
may be delivered to the | 11 |
| pharmacist in person, or by mail, but if delivered
by mail it | 12 |
| must be postmarked within the 7-day period. Upon
receipt, the
| 13 |
| dispensing pharmacist shall attach this prescription to the | 14 |
| emergency oral
prescription earlier received and
reduced to | 15 |
| writing. The dispensing pharmacist shall notify the Department | 16 |
| of Financial and Professional Regulation
Human Services if the | 17 |
| prescriber
fails to deliver the authorization for emergency | 18 |
| dispensing on the
prescription to him or her . Failure of the | 19 |
| dispensing pharmacist to do so
shall void the authority | 20 |
| conferred by this paragraph to dispense without a
written | 21 |
| prescription of a
prescriber. All prescriptions issued for | 22 |
| Schedule II controlled substances
shall include both a written | 23 |
| and numerical notation of quantity on the face
of the | 24 |
| prescription. No prescription for a Schedule II controlled | 25 |
| substance
may
be refilled. The Department shall provide, at no | 26 |
| cost, audit reviews and necessary information to the Department |
|
|
|
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|
| 1 |
| of Financial and Professional Regulation in conjunction with | 2 |
| ongoing investigations being conducted in whole or part by the | 3 |
| Department of Financial and Professional Regulation.
| 4 |
| (Source: P.A. 95-689, eff. 10-29-07.)
| 5 |
| (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
| 6 |
| Sec. 312. Requirements for dispensing controlled | 7 |
| substances.
| 8 |
| (a) A practitioner, in good faith, may dispense a Schedule
| 9 |
| II controlled substance, which is a narcotic drug listed in | 10 |
| Section 202 206
of this Act , ; or which contains any quantity | 11 |
| of amphetamine or
methamphetamine, their salts, optical | 12 |
| isomers or salts of optical
isomers; phenmetrazine and its | 13 |
| salts; or pentazocine; and Schedule III, IV, or V controlled | 14 |
| substances
to any person upon
a written prescription of any | 15 |
| prescriber, dated and signed
by the
person prescribing on the | 16 |
| day when issued and bearing the name and
address of the patient | 17 |
| for whom, or the owner of the animal for which
the controlled | 18 |
| substance is dispensed, and the full name, address and
registry | 19 |
| number under the laws of the United States relating to
| 20 |
| controlled substances of the prescriber, if he or she is
| 21 |
| required by
those laws to be registered. If the prescription is | 22 |
| for an animal it
shall state the species of animal for which it | 23 |
| is ordered. The
practitioner filling the prescription shall , | 24 |
| unless otherwise allowed, write the date of filling
and his or | 25 |
| her own signature on the face of the written prescription.
The |
|
|
|
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|
| 1 |
| written prescription shall be
retained on file by the | 2 |
| practitioner who filled it or pharmacy in which
the | 3 |
| prescription was filled for a period of 2 years, so as to be | 4 |
| readily
accessible for inspection or removal by any officer or | 5 |
| employee engaged
in the enforcement of this Act. Whenever the | 6 |
| practitioner's or
pharmacy's copy of any prescription is | 7 |
| removed by an officer or
employee engaged in the enforcement of | 8 |
| this Act, for the purpose of
investigation or as evidence, such | 9 |
| officer or employee shall give to the
practitioner or pharmacy | 10 |
| a receipt in lieu thereof. A Schedule II prescription may be | 11 |
| issued for one 30 day period. A second and third, 30 day | 12 |
| prescription for the same medication may be entered by the | 13 |
| prescriber on the same prescription blank or form. The | 14 |
| dispenser may, for insurance or other reimbursement purposes | 15 |
| enter the prescription as a 90 day supply, but the dispenser | 16 |
| may only partial fill up to a maximum of a 30 day supply at a | 17 |
| time. The prescriber or dispenser may further limit the | 18 |
| quantity dispensed based upon the medical condition of the | 19 |
| patient. The dispenser is not prohibited from charging a | 20 |
| dispensing fee for each instance in which medication is | 21 |
| dispensed under a single prescription as described above. If | 22 |
| the specific prescription is machine or computer generated at | 23 |
| the prescriber's office, the date does not need to be | 24 |
| handwritten. A prescription
for a Schedule II controlled | 25 |
| substance shall not be filled more than 7 days
after the date | 26 |
| of issuance. A written prescription for Schedule III, IV or
V |
|
|
|
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|
| 1 |
| controlled substances shall not be filled or refilled more than | 2 |
| 6 months
after the date thereof or refilled more than 5 times | 3 |
| unless renewed, in
writing, by the prescriber.
| 4 |
| (b) In lieu of a written prescription required by this | 5 |
| Section, a
pharmacist, in good faith, may dispense Schedule | 6 |
| III, IV, or V
substances to any person either upon receiving a | 7 |
| facsimile of a written,
signed prescription transmitted by the | 8 |
| prescriber or the prescriber's agent
or upon a lawful oral | 9 |
| prescription of a
prescriber which oral prescription shall be | 10 |
| reduced
promptly to
writing by the pharmacist and such written | 11 |
| memorandum thereof shall be
dated on the day when such oral | 12 |
| prescription is received by the
pharmacist and shall bear the | 13 |
| full name and address of the ultimate user
for whom, or of the | 14 |
| owner of the animal for which the controlled
substance is | 15 |
| dispensed, and the full name, address, and registry number
| 16 |
| under the law of the United States relating to controlled | 17 |
| substances of
the prescriber prescribing if he or she is | 18 |
| required by those laws
to be so
registered, and the pharmacist | 19 |
| filling such oral prescription shall
write the date of filling | 20 |
| and his or her own signature on the face of such
written | 21 |
| memorandum thereof. The facsimile copy of the prescription or
| 22 |
| written memorandum of the oral
prescription shall be retained | 23 |
| on file by the proprietor of the pharmacy
in which it is filled | 24 |
| for a period of not less than two years, so as to
be readily | 25 |
| accessible for inspection by any officer or employee engaged
in | 26 |
| the enforcement of this Act in the same manner as a written
|
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| prescription. The facsimile copy of the prescription or oral | 2 |
| prescription
and the written memorandum thereof
shall not be | 3 |
| filled or refilled more than 6 months after the date
thereof or | 4 |
| be refilled more than 5 times, unless renewed, in writing, by
| 5 |
| the prescriber.
| 6 |
| (c) Except for any non-prescription targeted | 7 |
| methamphetamine precursor regulated by the Methamphetamine | 8 |
| Precursor Control Act, a
controlled substance included in | 9 |
| Schedule V shall not be
distributed or dispensed other than for | 10 |
| a medical purpose and not for
the purpose of evading this Act, | 11 |
| and then:
| 12 |
| (1) only personally by a person registered to dispense | 13 |
| a Schedule V
controlled substance and then only to his or | 14 |
| her patients, or
| 15 |
| (2) only personally by a pharmacist, and then only to a | 16 |
| person over
21 years of age who has identified himself or | 17 |
| herself to the pharmacist by means of
2 positive documents | 18 |
| of identification.
| 19 |
| (3) the dispenser shall record the name and address of | 20 |
| the
purchaser, the name and quantity of the product, the | 21 |
| date and time of
the sale, and the dispenser's signature.
| 22 |
| (4) no person shall purchase or be dispensed more than | 23 |
| 120
milliliters or more than 120 grams of any Schedule V | 24 |
| substance which
contains codeine, dihydrocodeine, or any | 25 |
| salts thereof, or
ethylmorphine, or any salts thereof, in | 26 |
| any 96 hour period. The
purchaser shall sign a form, |
|
|
|
09600HB0445sam001 |
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|
| 1 |
| approved by the Department of Financial and Professional
| 2 |
| Regulation, attesting that he or she has not purchased any | 3 |
| Schedule V
controlled substances within the immediately | 4 |
| preceding 96 hours.
| 5 |
| (5) (Blank). a copy of the records of sale, including | 6 |
| all information
required by paragraph (3), shall be | 7 |
| forwarded to the Department of
Professional Regulation at | 8 |
| its principal office by the 15th day of the following | 9 |
| month.
| 10 |
| (6) all records of purchases and sales shall be | 11 |
| maintained for not
less than 2 years.
| 12 |
| (7) no person shall obtain or attempt to obtain within | 13 |
| any
consecutive 96 hour period any Schedule V substances of | 14 |
| more than 120
milliliters or more than 120 grams containing | 15 |
| codeine, dihydrocodeine or
any of its salts, or | 16 |
| ethylmorphine or any of its salts. Any person
obtaining any | 17 |
| such preparations or combination of preparations in excess
| 18 |
| of this limitation shall be in unlawful possession of such | 19 |
| controlled
substance.
| 20 |
| (8) a person qualified to dispense controlled | 21 |
| substances under this
Act and registered thereunder shall | 22 |
| at no time maintain or keep in stock
a quantity of Schedule | 23 |
| V controlled substances defined and listed in
Section 212 | 24 |
| (b) (1), (2) or (3) in excess of 4.5 liters for each
| 25 |
| substance; a pharmacy shall at no time maintain or keep in | 26 |
| stock a
quantity of Schedule V controlled substances as |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| defined in excess of 4.5
liters for each substance, plus | 2 |
| the additional quantity of controlled
substances necessary | 3 |
| to fill the largest number of prescription orders
filled by | 4 |
| that pharmacy for such controlled substances in any one | 5 |
| week
in the previous year. These limitations shall not | 6 |
| apply to Schedule V
controlled substances which Federal law | 7 |
| prohibits from being dispensed
without a prescription.
| 8 |
| (9) no person shall distribute or dispense butyl | 9 |
| nitrite for
inhalation or other introduction into the human | 10 |
| body for euphoric or
physical effect.
| 11 |
| (d) Every practitioner shall keep a record of controlled | 12 |
| substances
received by him or her and a record of all such | 13 |
| controlled substances
administered, dispensed or | 14 |
| professionally used by him or her otherwise than by
| 15 |
| prescription. It shall, however, be sufficient compliance with | 16 |
| this
paragraph if any practitioner utilizing controlled | 17 |
| substances listed in
Schedules III, IV and V shall keep a | 18 |
| record of all those substances
dispensed and distributed by him | 19 |
| or her other than those controlled substances
which are | 20 |
| administered by the direct application of a controlled
| 21 |
| substance, whether by injection, inhalation, ingestion, or any | 22 |
| other
means to the body of a patient or research subject. A | 23 |
| practitioner who
dispenses, other than by administering, a | 24 |
| Schedule II controlled substance in
Schedule II, which is a | 25 |
| narcotic drug listed in Section 206 of this Act,
or which | 26 |
| contains any quantity of amphetamine or methamphetamine, their
|
|
|
|
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LRB096 04780 RLC 25431 a |
|
| 1 |
| salts, optical isomers or salts of optical isomers, | 2 |
| pentazocine, or
methaqualone shall do so only upon
the issuance | 3 |
| of a written prescription blank by a
prescriber.
| 4 |
| (e) Whenever a manufacturer distributes a controlled | 5 |
| substance in a
package prepared by him or her , and whenever a | 6 |
| wholesale distributor
distributes a controlled substance in a | 7 |
| package prepared by him or her or the
manufacturer, he or she | 8 |
| shall securely affix to each package in which that
substance is | 9 |
| contained a label showing in legible English the name and
| 10 |
| address of the manufacturer, the distributor and the quantity, | 11 |
| kind and
form of controlled substance contained therein. No | 12 |
| person except a
pharmacist and only for the purposes of filling | 13 |
| a prescription under
this Act, shall alter, deface or remove | 14 |
| any label so affixed.
| 15 |
| (f) Whenever a practitioner dispenses any controlled | 16 |
| substance except a non-prescription targeted methamphetamine | 17 |
| precursor regulated by the Methamphetamine Precursor Control | 18 |
| Act, he or she
shall affix to the container in which such | 19 |
| substance is sold or
dispensed, a label indicating the date of | 20 |
| initial filling, the practitioner's
name and address, the name
| 21 |
| of the patient, the name of the prescriber,
the directions
for | 22 |
| use and cautionary statements, if any, contained in any | 23 |
| prescription
or required by law, the proprietary name or names | 24 |
| or the established name
of the controlled substance, and the | 25 |
| dosage and quantity, except as otherwise
authorized by | 26 |
| regulation by the Department of Financial and Professional |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| Regulation. No
person shall alter, deface or remove any label | 2 |
| so affixed as long as any of the specific medication remains in | 3 |
| the container .
| 4 |
| (g) A person to whom or for whose use any controlled | 5 |
| substance has
been prescribed or dispensed by a practitioner, | 6 |
| or other persons
authorized under this Act, and the owner of | 7 |
| any animal for which such
substance has been prescribed or | 8 |
| dispensed by a veterinarian, may
lawfully possess such | 9 |
| substance only in the container in which it was
delivered to | 10 |
| him or her by the person dispensing such substance.
| 11 |
| (h) The responsibility for the proper prescribing or | 12 |
| dispensing of
controlled substances that are under the | 13 |
| prescriber's direct control is upon the prescriber . The and the | 14 |
| responsibility for
the proper filling of a prescription for | 15 |
| controlled substance drugs
rests with the pharmacist. An order | 16 |
| purporting to be a prescription
issued to any individual, which | 17 |
| is not in the regular course of
professional treatment nor part | 18 |
| of an authorized methadone maintenance
program, nor in | 19 |
| legitimate and authorized research instituted by any
| 20 |
| accredited hospital, educational institution, charitable | 21 |
| foundation, or
federal, state or local governmental agency, and | 22 |
| which is intended to
provide that individual with controlled | 23 |
| substances sufficient to
maintain that individual's or any | 24 |
| other individual's physical or
psychological addiction, | 25 |
| habitual or customary use, dependence, or
diversion of that | 26 |
| controlled substance is not a prescription within the
meaning |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| and intent of this Act; and the person issuing it, shall be
| 2 |
| subject to the penalties provided for violations of the law | 3 |
| relating to
controlled substances.
| 4 |
| (i) A prescriber shall not preprint or cause to be
| 5 |
| preprinted a
prescription for any controlled substance; nor | 6 |
| shall any practitioner
issue, fill or cause to be issued or | 7 |
| filled, a preprinted prescription
for any controlled | 8 |
| substance. In order to avoid handwriting errors a prescriber | 9 |
| may use a machine or computer type device to individually | 10 |
| generate a printed prescription or electronically transmit a | 11 |
| prescription to a dispenser of the patient's choice; however, | 12 |
| the prescriber is still required to affix his or her original | 13 |
| or approved, secure electronic signature to the prescription.
| 14 |
| (j) No person shall manufacture, dispense, deliver, | 15 |
| possess with
intent to deliver, prescribe, or administer or | 16 |
| cause to be administered
under his or her direction any | 17 |
| anabolic steroid, for any use in humans other than
the | 18 |
| treatment of disease in accordance with the order of a | 19 |
| physician licensed
to practice medicine in all its branches for | 20 |
| a
valid medical purpose in the course of professional practice. | 21 |
| The use of
anabolic steroids for the purpose of hormonal | 22 |
| manipulation that is intended
to increase muscle mass, strength | 23 |
| or weight without a medical necessity to
do so, or for the | 24 |
| intended purpose of improving physical appearance or
| 25 |
| performance in any form of exercise, sport, or game, is not a | 26 |
| valid medical
purpose or in the course of professional |
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| practice.
| 2 |
| (k) As allowed by the federal electronic signature statute | 3 |
| or administrative rule, a prescriber may establish with any | 4 |
| dispenser an approved, secure electronic signature, which | 5 |
| shall have the effect of an original signature for any | 6 |
| prescription. | 7 |
| (l) If an electronic signature authorization is | 8 |
| established between a prescriber and a dispenser, the | 9 |
| prescriber may electronically transmit a prescription on a | 10 |
| secure connection between the prescriber and the dispenser. | 11 |
| (m) An electronically presented prescription may only be | 12 |
| used with established patients. | 13 |
| (n) A prescriber's first-time patient may only use a | 14 |
| prescription prepared in the prescriber's office. | 15 |
| (o) In the case of a prescription for a Schedule II | 16 |
| medication which has an electronic signature of the prescriber, | 17 |
| the dispenser must confirm the prescription by means of | 18 |
| telephone or facsimile or other one-to-one contact with the | 19 |
| prescriber. The dispenser must note the name of the individual | 20 |
| contacted and the date and time on the prescription. | 21 |
| (p) Failure to comply with the law regarding the electronic | 22 |
| signature or the electronically presented prescription shall | 23 |
| be considered a deceptive practice. | 24 |
| (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)
| 25 |
| (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
|
|
|
|
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|
| 1 |
| Sec. 313. (a) Controlled substances which are lawfully | 2 |
| administered in
hospitals or institutions licensed under the | 3 |
| "Hospital Licensing Act" shall
be exempt from the requirements | 4 |
| of Sections 312 and 316 except
that the
prescription for the | 5 |
| controlled substance shall be in writing on the
patient's | 6 |
| record, signed by the prescriber, dated, and shall state the
| 7 |
| name, and quantity of controlled substances ordered and the | 8 |
| quantity
actually administered. The records of such | 9 |
| prescriptions shall be
maintained for two years and shall be | 10 |
| available for inspection by officers
and employees of the | 11 |
| Department of State Police, and the Department of Financial and
| 12 |
| Professional Regulation.
| 13 |
| (b) Controlled substances that can lawfully be | 14 |
| administered or dispensed
directly to a patient in a long-term | 15 |
| care facility licensed by the Department
of Public Health as a | 16 |
| skilled nursing facility, intermediate care facility, or
| 17 |
| long-term care facility for residents under 22 years of age, | 18 |
| are exempt from
the requirements of Section 312 except that a | 19 |
| prescription
for a
Schedule II controlled substance must be | 20 |
| either a written prescription signed
by the prescriber or a | 21 |
| written prescription transmitted by the prescriber or
| 22 |
| prescriber's agent to the dispensing pharmacy by facsimile. The
| 23 |
| facsimile serves as the original prescription and must be | 24 |
| maintained for 2
years from the date of issue in the same | 25 |
| manner as a written prescription
signed by the prescriber.
| 26 |
| (c) A prescription that is originated written for a |
|
|
|
09600HB0445sam001 |
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| 1 |
| Schedule II controlled substance
to be compounded for direct | 2 |
| administration by parenteral, intravenous,
intramuscular, | 3 |
| subcutaneous, or intraspinal infusion to a patient in a private
| 4 |
| residence, long-term care facility, or hospice program
may be | 5 |
| transmitted by
facsimile by the prescriber or the prescriber's | 6 |
| agent to the pharmacy providing
the home infusion services. The | 7 |
| facsimile serves as the original written
prescription for | 8 |
| purposes of this paragraph (c) and it shall be maintained in
| 9 |
| the same manner as the original written prescription.
| 10 |
| (c-1) A prescription generated written for a Schedule II | 11 |
| controlled substance for a
patient residing in a hospice | 12 |
| certified by Medicare under Title XVIII of the
Social Security | 13 |
| Act or
licensed by the State may be transmitted by the | 14 |
| practitioner or the
practitioner's
agent to the dispensing | 15 |
| pharmacy by facsimile. The practitioner or
practitioner's
| 16 |
| agent must note on the prescription that the patient is a | 17 |
| hospice patient. The
facsimile serves as the original written | 18 |
| prescription for purposes of this
paragraph (c-1) and it shall | 19 |
| be maintained in the same manner as the original
written | 20 |
| prescription.
| 21 |
| (d) Controlled substances which are lawfully administered
| 22 |
| and/or dispensed
in drug abuse treatment programs licensed by | 23 |
| the Department shall be exempt
from the requirements of | 24 |
| Sections 312 and 316, except that the
prescription
for such | 25 |
| controlled substances shall be issued and authenticated
on | 26 |
| official prescription logs prepared and supplied by the |
|
|
|
09600HB0445sam001 |
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| 1 |
| Department.
The official prescription logs issued by the | 2 |
| Department shall be printed
in triplicate on distinctively | 3 |
| marked paper and furnished to programs at
reasonable cost. The | 4 |
| official prescription logs furnished to the programs
shall | 5 |
| contain, in preprinted form, such information as the Department | 6 |
| may
require. The official prescription logs shall be properly | 7 |
| endorsed by a
physician licensed to practice medicine in all | 8 |
| its branches issuing the
order, with his or her own signature | 9 |
| and the date of
ordering, and further endorsed by the | 10 |
| practitioner actually administering
or dispensing the dosage | 11 |
| at the time of such administering or dispensing in
accordance | 12 |
| with requirements issued by the Department. The duplicate copy
| 13 |
| shall be retained by the program for a period of not less than | 14 |
| three years
nor more than seven years; the original and | 15 |
| triplicate copy shall be
returned to the Department at its | 16 |
| principal office in accordance with
requirements set forth by | 17 |
| the Department.
| 18 |
| (Source: P.A. 95-442, eff. 1-1-08.)
| 19 |
| (720 ILCS 570/318)
| 20 |
| Sec. 318. Confidentiality of information.
| 21 |
| (a) Information received by the central repository under | 22 |
| Section 316 and 321
is confidential.
| 23 |
| (b) The Department must carry out a program to protect the
| 24 |
| confidentiality of the information described in subsection | 25 |
| (a). The Department
may
disclose the information to another |
|
|
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| 1 |
| person only under
subsection (c), (d), or (f) and may charge a | 2 |
| fee not to exceed the actual cost
of
furnishing the
| 3 |
| information.
| 4 |
| (c) The Department may disclose confidential information | 5 |
| described
in subsection (a) to any person who is engaged in | 6 |
| receiving, processing, or
storing the information.
| 7 |
| (d) The Department may release confidential information | 8 |
| described
in subsection (a) to the following persons:
| 9 |
| (1) A governing body
that licenses practitioners and is | 10 |
| engaged in an investigation, an
adjudication,
or a | 11 |
| prosecution of a violation under any State or federal law | 12 |
| that involves a
controlled substance.
| 13 |
| (2) An investigator for the Consumer Protection | 14 |
| Division of the office of
the Attorney General, a | 15 |
| prosecuting attorney, the Attorney General, a deputy
| 16 |
| Attorney General, or an investigator from the office of the | 17 |
| Attorney General,
who is engaged in any of the following | 18 |
| activities involving controlled
substances:
| 19 |
| (A) an investigation;
| 20 |
| (B) an adjudication; or
| 21 |
| (C) a prosecution
of a violation under any State or | 22 |
| federal law that involves a controlled
substance.
| 23 |
| (3) A law enforcement officer who is:
| 24 |
| (A) authorized by the Department of State Police or | 25 |
| the office of a county sheriff or State's Attorney or
| 26 |
| municipal police department of Illinois to receive
|
|
|
|
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| 1 |
| information
of the type requested for the purpose of | 2 |
| investigations involving controlled
substances; or
| 3 |
| (B) approved by the Department to receive | 4 |
| information of the
type requested for the purpose of | 5 |
| investigations involving controlled
substances; and
| 6 |
| (C) engaged in the investigation or prosecution of | 7 |
| a violation
under
any State or federal law that | 8 |
| involves a controlled substance.
| 9 |
| (e) Before the Department releases confidential | 10 |
| information under
subsection (d), the applicant must | 11 |
| demonstrate in writing to the Department that:
| 12 |
| (1) the applicant has reason to believe that a | 13 |
| violation under any
State or
federal law that involves a | 14 |
| controlled substance has occurred; and
| 15 |
| (2) the requested information is reasonably related to | 16 |
| the investigation,
adjudication, or prosecution of the | 17 |
| violation described in subdivision (1).
| 18 |
| (f) The Department may receive and release prescription | 19 |
| record information to:
| 20 |
| (1) a governing
body that licenses practitioners;
| 21 |
| (2) an investigator for the Consumer Protection | 22 |
| Division of the office of
the Attorney General, a | 23 |
| prosecuting attorney, the Attorney General, a deputy
| 24 |
| Attorney General, or an investigator from the office of the | 25 |
| Attorney General;
| 26 |
| (3) any Illinois law enforcement officer who is:
|
|
|
|
09600HB0445sam001 |
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LRB096 04780 RLC 25431 a |
|
| 1 |
| (A) authorized to receive the type of
information | 2 |
| released; and
| 3 |
| (B) approved by the Department to receive the type | 4 |
| of
information released; or
| 5 |
| (4) prescription monitoring entities in other states | 6 |
| per the provisions outlined in subsection (g) and (h) | 7 |
| below;
| 8 |
| confidential prescription record information collected under | 9 |
| Sections 316 and 321 that identifies vendors or
practitioners, | 10 |
| or both, who are prescribing or dispensing large quantities of
| 11 |
| Schedule II, III, IV, or V controlled
substances outside the | 12 |
| scope of their practice, pharmacy, or business, as determined | 13 |
| by the Advisory Committee created by Section 320.
| 14 |
| (g) The information described in subsection (f) may not be | 15 |
| released until it
has been reviewed by an employee of the | 16 |
| Department who is licensed as a
prescriber or a dispenser
and | 17 |
| until that employee has certified
that further investigation is | 18 |
| warranted. However, failure to comply with this
subsection (g) | 19 |
| does not invalidate the use of any evidence that is otherwise
| 20 |
| admissible in a proceeding described in subsection (h).
| 21 |
| (h) An investigator or a law enforcement officer receiving | 22 |
| confidential
information under subsection (c), (d), or (f) may | 23 |
| disclose the information to a
law enforcement officer or an | 24 |
| attorney for the office of the Attorney General
for use as | 25 |
| evidence in the following:
| 26 |
| (1) A proceeding under any State or federal law that |
|
|
|
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|
| 1 |
| involves a
controlled substance.
| 2 |
| (2) A criminal proceeding or a proceeding in juvenile | 3 |
| court that involves
a controlled substance.
| 4 |
| (i) The Department may compile statistical reports from the
| 5 |
| information described in subsection (a). The reports must not | 6 |
| include
information that identifies, by name, license or | 7 |
| address, any practitioner, dispenser, ultimate user, or other | 8 |
| person
administering a controlled substance.
| 9 |
| (j) Based upon federal, initial and maintenance funding, a | 10 |
| prescriber and dispenser inquiry system shall be developed to | 11 |
| assist the medical community in its goal of effective clinical | 12 |
| practice and to prevent patients from diverting or abusing | 13 |
| medications.
| 14 |
| (1) An inquirer shall have read-only access to a | 15 |
| stand-alone database which shall contain records for the | 16 |
| previous 6 months. | 17 |
| (2) Dispensers may, upon positive and secure | 18 |
| identification, make an inquiry on a patient or customer | 19 |
| solely for a medical purpose as delineated within the | 20 |
| federal HIPAA law. | 21 |
| (3) The Department shall provide a one-to-one secure | 22 |
| link and encrypted software necessary to establish the link | 23 |
| between an inquirer and the Department. Technical | 24 |
| assistance shall also be provided. | 25 |
| (4) Written inquiries are acceptable but must include | 26 |
| the fee and the requestor's Drug Enforcement |
|
|
|
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| 1 |
| Administration license number and submitted upon the | 2 |
| requestor's business stationary. | 3 |
| (5) No data shall be stored in the database beyond 24 | 4 |
| months. | 5 |
| (6) Tracking analysis shall be established and used per | 6 |
| administrative rule. | 7 |
| (7) Nothing in this Act or Illinois law shall be | 8 |
| construed to require a prescriber or dispenser to make use | 9 |
| of this inquiry system.
| 10 |
| (8) If there is an adverse outcome because of a | 11 |
| prescriber or dispenser making an inquiry, which is | 12 |
| initiated in good faith, the prescriber or dispenser shall | 13 |
| be held harmless from any civil liability.
| 14 |
| (k) Based upon federal and initial and maintenance funding, | 15 |
| unless appropriated or otherwise authorized by the General | 16 |
| Assembly, a restricted and secure inquiry system shall be | 17 |
| developed to assist the law enforcement community in its goal | 18 |
| to enforce federal and State law as well as local ordinances | 19 |
| related to prescription medications. Criteria for the inquiry | 20 |
| system shall follow the criteria provided in subsection (j) | 21 |
| noted above, except that the records shall be for the previous | 22 |
| 24 months and with the addition that any person making an | 23 |
| inquiry must attest that said inquiry is strictly for the | 24 |
| purpose of conducting a probable cause investigation only. | 25 |
| (Source: P.A. 95-442, eff. 1-1-08.)
|
|
|
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|
| 1 |
| (720 ILCS 570/405) (from Ch. 56 1/2, par. 1405)
| 2 |
| Sec. 405.
(a) Any person who engages in a calculated | 3 |
| criminal drug
conspiracy, as defined in subsection (b), is | 4 |
| guilty of a Class X felony.
The fine for violation of this | 5 |
| Section shall not be more than $500,000, and
the offender shall | 6 |
| be subject to the forfeitures prescribed in subsection
(c).
| 7 |
| (b) For purposes of this Section section , a person engages | 8 |
| in a calculated
criminal drug conspiracy when:
| 9 |
| (1) he or she violates any of the provisions of | 10 |
| subsection
(a) or (c) of
Section 401 or subsection (a) of | 11 |
| Section 402; and
| 12 |
| (2) such violation is a part of a conspiracy undertaken | 13 |
| or carried
on with two or more other persons; and
| 14 |
| (3) he or she obtains anything of value greater than | 15 |
| $500 from, or
organizes, directs or finances such violation | 16 |
| or conspiracy.
| 17 |
| (c) Any person who is convicted under this section of | 18 |
| engaging in a
calculated criminal drug conspiracy shall forfeit | 19 |
| to the State of
Illinois:
| 20 |
| (1) the receipts obtained by him or her in such | 21 |
| conspiracy; and
| 22 |
| (2) any of his or her interests in, claims against, | 23 |
| receipts from, or
property or rights of any kind affording | 24 |
| a source of influence over,
such conspiracy.
| 25 |
| (d) The circuit court may enter such injunctions, | 26 |
| restraining
orders, directions or prohibitions, or to take such |
|
|
|
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|
| 1 |
| other actions,
including the acceptance of satisfactory | 2 |
| performance bonds, in
connection with any property, claim, | 3 |
| receipt, right or other interest
subject to forfeiture under | 4 |
| this Section, as it deems proper.
| 5 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 6 |
| (720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1)
| 7 |
| Sec. 405.1. (a) Elements of the offense. A person commits | 8 |
| criminal
drug conspiracy when, with the intent that an offense | 9 |
| set forth in Section
401, Section 402, or Section 407 of this | 10 |
| Act
be committed, he or she agrees with another to the | 11 |
| commission of that offense. No
person may be convicted of | 12 |
| conspiracy to commit such an offense unless an
act in | 13 |
| furtherance of such agreement is alleged and proved to have | 14 |
| been
committed by him or her or by a co-conspirator.
| 15 |
| (b) Co-conspirators. It shall not be a defense to | 16 |
| conspiracy that the
person or persons with whom the accused is | 17 |
| alleged to have conspired:
| 18 |
| (1) Has not been prosecuted or convicted, or
| 19 |
| (2) Has been convicted of a different offense, or
| 20 |
| (3) Is not amenable to justice, or
| 21 |
| (4) Has been acquitted, or
| 22 |
| (5) Lacked the capacity to commit an offense.
| 23 |
| (c) Sentence. A person convicted of criminal drug | 24 |
| conspiracy may be
fined or imprisoned or both, but any term of | 25 |
| imprisonment imposed shall be
not less than the minimum nor |
|
|
|
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|
| 1 |
| more than the maximum
provided for the offense which is the | 2 |
| object of the conspiracy.
| 3 |
| (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98 .)
| 4 |
| (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| 5 |
| Sec. 410. (a) Whenever any person who has not previously | 6 |
| been convicted
of, or placed on probation or court supervision | 7 |
| for any offense under this
Act or any law of the United States | 8 |
| or of any State relating to cannabis
or controlled substances, | 9 |
| pleads guilty to or is found guilty of possession
of a | 10 |
| controlled or counterfeit substance under subsection (c) of | 11 |
| Section
402 or of unauthorized possession of prescription form | 12 |
| under Section 406.2, the court, without entering a judgment and | 13 |
| with the consent of such
person, may sentence him or her to | 14 |
| probation.
| 15 |
| (b) When a person is placed on probation, the court shall | 16 |
| enter an order
specifying a period of probation of 24 months | 17 |
| and shall defer further
proceedings in the case until the | 18 |
| conclusion of the period or until the
filing of a petition | 19 |
| alleging violation of a term or condition of probation.
| 20 |
| (c) The conditions of probation shall be that the person: | 21 |
| (1) not
violate any criminal statute of any jurisdiction; (2) | 22 |
| refrain from
possessing a firearm or other dangerous weapon; | 23 |
| (3) submit to periodic drug
testing at a time and in a manner | 24 |
| as ordered by the court, but no less than 3
times during the | 25 |
| period of the probation, with the cost of the testing to be
|
|
|
|
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|
| 1 |
| paid by the probationer; and (4) perform no less than 30 hours | 2 |
| of community
service, provided community service is available | 3 |
| in the jurisdiction and is
funded
and approved by the county | 4 |
| board.
| 5 |
| (d) The court may, in addition to other conditions, require | 6 |
| that the person:
| 7 |
| (1) make a report to and appear in person before or | 8 |
| participate with the
court or such courts, person, or | 9 |
| social service agency as directed by the
court in the order | 10 |
| of probation;
| 11 |
| (2) pay a fine and costs;
| 12 |
| (3) work or pursue a course of study or vocational
| 13 |
| training;
| 14 |
| (4) undergo medical or psychiatric treatment; or | 15 |
| treatment or
rehabilitation approved by the Illinois | 16 |
| Department of Human Services;
| 17 |
| (5) attend or reside in a facility established for the | 18 |
| instruction or
residence of defendants on probation;
| 19 |
| (6) support his or her dependents;
| 20 |
| (6-5) refrain from having in his or her body the | 21 |
| presence of any illicit
drug prohibited by the Cannabis | 22 |
| Control Act, the Illinois Controlled
Substances Act, or the | 23 |
| Methamphetamine Control and Community Protection Act, | 24 |
| unless prescribed by a physician, and submit samples of
his | 25 |
| or her blood or urine or both for tests to determine the | 26 |
| presence of any
illicit drug;
|
|
|
|
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|
| 1 |
| (7) and in addition, if a minor:
| 2 |
| (i) reside with his or her parents or in a foster | 3 |
| home;
| 4 |
| (ii) attend school;
| 5 |
| (iii) attend a non-residential program for youth;
| 6 |
| (iv) contribute to his or her own support at home | 7 |
| or in a foster home.
| 8 |
| (e) Upon violation of a term or condition of probation, the | 9 |
| court
may enter a judgment on its original finding of guilt and | 10 |
| proceed as
otherwise provided.
| 11 |
| (f) Upon fulfillment of the terms and conditions of | 12 |
| probation, the court
shall discharge the person and dismiss the | 13 |
| proceedings against him or her .
| 14 |
| (g) A disposition of probation is considered to be a | 15 |
| conviction
for the purposes of imposing the conditions of | 16 |
| probation and for appeal,
however, discharge and dismissal | 17 |
| under this Section is not a conviction for
purposes of this Act | 18 |
| or for purposes of disqualifications or disabilities
imposed by | 19 |
| law upon conviction of a crime.
| 20 |
| (h) There may be only one discharge and dismissal under | 21 |
| this Section,
Section 10 of the Cannabis Control Act, or | 22 |
| Section 70 of the Methamphetamine Control and Community | 23 |
| Protection Act with respect to any person.
| 24 |
| (i) If a person is convicted of an offense under this Act, | 25 |
| the Cannabis
Control Act, or the Methamphetamine Control and | 26 |
| Community Protection Act within 5 years
subsequent to a |
|
|
|
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| 1 |
| discharge and dismissal under this Section, the discharge and
| 2 |
| dismissal under this Section shall be admissible in the | 3 |
| sentencing proceeding
for that conviction
as evidence in | 4 |
| aggravation.
| 5 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-487, eff. 1-1-08.)
| 6 |
| (720 ILCS 570/501) (from Ch. 56 1/2, par. 1501)
| 7 |
| Sec. 501.
(a) It is hereby made the duty of the Department | 8 |
| of Financial and
Professional Regulation and the Department of | 9 |
| State Police, and their
agents, officers, and investigators, to | 10 |
| enforce all
provisions of this Act, except those specifically | 11 |
| delegated, and to cooperate
with all agencies charged with the | 12 |
| enforcement of the laws of the United
States, or of any State, | 13 |
| relating to controlled substances. Only an agent,
officer, or | 14 |
| investigator designated by the Director may: (1)
for the | 15 |
| purpose of inspecting, copying, and verifying the correctness | 16 |
| of
records, reports or other documents required to be kept or | 17 |
| made under this Act
and otherwise facilitating the execution of | 18 |
| the functions of the Department of Financial and
Professional | 19 |
| Regulation or the Department of State Police, be
authorized in | 20 |
| accordance with this Section to enter controlled premises
and | 21 |
| to conduct administrative inspections thereof and of the things
| 22 |
| specified; or (2) execute and serve administrative inspection | 23 |
| notices,
warrants, subpoenas, and summonses under the | 24 |
| authority of this State.
Any inspection or administrative entry | 25 |
| of persons licensed by the
Department shall be made in |
|
|
|
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|
| 1 |
| accordance with subsection (bb) of Section
30-5 of the | 2 |
| Alcoholism and Other Drug Abuse and
Dependency Act and the | 3 |
| rules and regulations promulgated thereunder.
| 4 |
| (b) Administrative entries and inspections designated in
| 5 |
| clause (1) of subsection (a) shall be carried out through | 6 |
| agents,
officers, investigators and peace officers | 7 |
| (hereinafter referred to as
"inspectors") designated by the | 8 |
| Director. Any inspector, upon stating
his or her purpose and | 9 |
| presenting to the owner, operator, or agent in
charge of the | 10 |
| premises (1) appropriate credentials and (2) a
written notice | 11 |
| of his or her inspection authority (which notice, in the
case | 12 |
| of an inspection requiring or in fact supported by an | 13 |
| administrative
inspection warrant, shall consist of that
| 14 |
| warrant), shall have the right to enter the premises and | 15 |
| conduct
the inspection at reasonable times.
| 16 |
| Inspectors appointed by the Director under this Section 501 | 17 |
| are
conservators of the peace and as such have all the powers | 18 |
| possessed by
policemen in cities and by sheriffs, except that | 19 |
| they may exercise such
powers anywhere in the State.
| 20 |
| (c) Except as may otherwise be indicated in an applicable | 21 |
| inspection
warrant, the inspector shall have the right:
| 22 |
| (1) to inspect and copy records, reports and other | 23 |
| documents
required to be kept or made under this Act;
| 24 |
| (2) to inspect, within reasonable limits and in a | 25 |
| reasonable
manner, controlled premises and all pertinent | 26 |
| equipment, finished and
unfinished drugs and other |
|
|
|
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|
| 1 |
| substances or materials, containers and
labeling found | 2 |
| therein, and all other things therein (including
records, | 3 |
| files, papers, processes, controls and facilities) | 4 |
| appropriate
for verification of the records, reports and | 5 |
| documents referred to in
item (1) or otherwise bearing on | 6 |
| the provisions of this Act;
and
| 7 |
| (3) to inventory any stock of any controlled substance.
| 8 |
| (d) Except when the owner, operator, or agent in charge of | 9 |
| the
controlled premises so consents in writing, no inspection | 10 |
| authorized by
this Section shall extend to:
| 11 |
| (1) financial data;
| 12 |
| (2) sales data other than shipment data; or
| 13 |
| (3) pricing data.
| 14 |
| Any inspection or administrative entry of persons licensed | 15 |
| by the
Department shall be made in accordance with subsection | 16 |
| (bb) of Section
30-5 of the Alcoholism and Other Drug Abuse and
| 17 |
| Dependency Act and the rules and regulations
promulgated
| 18 |
| thereunder.
| 19 |
| (e) Any agent, officer, investigator or peace officer | 20 |
| designated by
the Director may (1) make seizure of
property | 21 |
| pursuant to the provisions of this Act; and (2) perform such
| 22 |
| other law enforcement duties as the Director shall designate. | 23 |
| It is
hereby made the duty of all State's Attorneys to | 24 |
| prosecute violations of
this Act and institute legal | 25 |
| proceedings as authorized under this Act.
| 26 |
| (Source: P.A. 88-670, eff. 12-2-94; 89-202, eff. 10-1-95.)
|
|
|
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| 1 |
| (720 ILCS 570/501.1) (from Ch. 56 1/2, par. 1501.1)
| 2 |
| Sec. 501.1. Administrative Procedure Act. The Illinois | 3 |
| Administrative
Procedure Act is hereby expressly adopted and | 4 |
| incorporated herein, but shall
apply only to the Department of | 5 |
| Financial and Professional Regulation, as if all of the
| 6 |
| provisions of that Act were included in this Act, except that | 7 |
| the provision of
subsection (d) of Section 10-65 of the | 8 |
| Illinois Administrative Procedure Act
which provides that at | 9 |
| hearings the licensee has the right to show compliance
with all | 10 |
| lawful requirements for retention, continuation or renewal of | 11 |
| the
license is specifically excluded. For the purposes of this | 12 |
| Act the notice
required under Section 10-25 of the Illinois | 13 |
| Administrative Procedure Act is
deemed sufficient when mailed | 14 |
| to the last known address of a party.
| 15 |
| (Source: P.A. 88-45.)
| 16 |
| (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
| 17 |
| Sec. 505. (a) The following are subject to forfeiture:
| 18 |
| (1) all substances which have been manufactured, | 19 |
| distributed,
dispensed, or possessed in violation of this | 20 |
| Act;
| 21 |
| (2) all raw materials, products and equipment of any | 22 |
| kind which are
used, or intended for use in manufacturing, | 23 |
| distributing, dispensing,
administering or possessing any | 24 |
| substance in violation of this Act;
|
|
|
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| 1 |
| (3) all conveyances, including aircraft, vehicles or | 2 |
| vessels, which are
used, or intended for use, to transport, | 3 |
| or in any manner to facilitate
the transportation, sale, | 4 |
| receipt, possession, or concealment of property
described | 5 |
| in paragraphs (1) and (2), but:
| 6 |
| (i) no conveyance used by any person as a common | 7 |
| carrier in the
transaction of business as a common | 8 |
| carrier is subject to forfeiture under
this Section | 9 |
| unless it appears that the owner or other person in | 10 |
| charge of
the conveyance is a consenting party or privy | 11 |
| to a violation of this Act;
| 12 |
| (ii) no conveyance is subject to forfeiture under | 13 |
| this Section by reason
of any act or omission which the | 14 |
| owner proves to have been committed or
omitted without | 15 |
| his or her knowledge or consent;
| 16 |
| (iii) a forfeiture of a conveyance encumbered by a | 17 |
| bona fide security
interest is subject to the interest | 18 |
| of the secured party if he or she neither had
knowledge | 19 |
| of nor consented to the act or omission;
| 20 |
| (4) all money, things of value, books, records, and | 21 |
| research
products and materials including formulas, | 22 |
| microfilm, tapes, and data which
are used, or intended to | 23 |
| be used in violation of this Act;
| 24 |
| (5) everything of value furnished, or intended to be | 25 |
| furnished, in
exchange for a substance in violation of this | 26 |
| Act, all proceeds traceable
to such an exchange, and all |
|
|
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|
| 1 |
| moneys, negotiable instruments, and securities
used, or | 2 |
| intended to be used, to commit or in any manner to | 3 |
| facilitate
any violation of this Act;
| 4 |
| (6) all real property, including any right, title, and | 5 |
| interest
(including, but not limited to, any leasehold | 6 |
| interest or the beneficial
interest in a land trust) in the | 7 |
| whole of any lot or tract of land and any
appurtenances or | 8 |
| improvements, which is used or intended to be used, in any
| 9 |
| manner or part, to commit, or in any manner to facilitate | 10 |
| the commission
of, any violation or act that constitutes a | 11 |
| violation of Section 401 or 405
of this Act or that is the | 12 |
| proceeds of any violation or act that
constitutes a | 13 |
| violation of Section 401 or 405 of this Act.
| 14 |
| (b) Property subject to forfeiture under this Act may be | 15 |
| seized by the
Director or any peace officer upon process or | 16 |
| seizure warrant issued by
any court having jurisdiction over | 17 |
| the property. Seizure by the Director
or any peace officer | 18 |
| without process may be made:
| 19 |
| (1) if the seizure is incident to inspection under an | 20 |
| administrative
inspection warrant;
| 21 |
| (2) if the property subject to seizure has been the | 22 |
| subject of a prior
judgment in favor of the State in a | 23 |
| criminal proceeding, or in an injunction
or forfeiture | 24 |
| proceeding based upon this Act or the Drug Asset Forfeiture
| 25 |
| Procedure Act;
| 26 |
| (3) if there is probable cause to believe that the |
|
|
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LRB096 04780 RLC 25431 a |
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| 1 |
| property is directly
or indirectly dangerous to health or | 2 |
| safety;
| 3 |
| (4) if there is probable cause to believe that the | 4 |
| property is subject
to forfeiture under this Act and the | 5 |
| property is seized under
circumstances in which a | 6 |
| warrantless seizure or arrest would be reasonable; or
| 7 |
| (5) in accordance with the Code of Criminal Procedure | 8 |
| of 1963.
| 9 |
| (c) In the event of seizure pursuant to subsection (b), | 10 |
| forfeiture
proceedings shall be instituted in accordance with | 11 |
| the Drug
Asset Forfeiture Procedure Act.
| 12 |
| (d) Property taken or detained under this Section shall not | 13 |
| be subject
to replevin, but is deemed to be in the custody of | 14 |
| the Director subject
only to the order and judgments of the | 15 |
| circuit court having jurisdiction over
the forfeiture | 16 |
| proceedings and the decisions of the State's Attorney
under the | 17 |
| Drug Asset Forfeiture Procedure Act. When property is seized
| 18 |
| under this Act, the seizing agency shall promptly conduct an | 19 |
| inventory of
the seized property and estimate the property's | 20 |
| value, and shall forward a
copy of the inventory of seized | 21 |
| property and the estimate of the property's
value to the | 22 |
| Director. Upon receiving notice of seizure, the Director may:
| 23 |
| (1) place the property under seal;
| 24 |
| (2) remove the property to a place designated by the | 25 |
| Director;
| 26 |
| (3) keep the property in the possession of the seizing |
|
|
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| 1 |
| agency;
| 2 |
| (4) remove the property to a storage area for | 3 |
| safekeeping or, if the
property is a negotiable instrument | 4 |
| or money and is not needed for
evidentiary purposes, | 5 |
| deposit it in an interest bearing account;
| 6 |
| (5) place the property under constructive seizure by | 7 |
| posting notice of
pending forfeiture on it, by giving | 8 |
| notice of pending forfeiture to its
owners and interest | 9 |
| holders, or by filing notice of pending forfeiture in
any | 10 |
| appropriate public record relating to the property; or
| 11 |
| (6) provide for another agency or custodian, including | 12 |
| an owner, secured
party, or lienholder, to take custody of | 13 |
| the property upon the terms and
conditions set by the | 14 |
| Director.
| 15 |
| (e) If the Department of Financial and Professional | 16 |
| Regulation suspends or revokes
a registration, all controlled | 17 |
| substances owned or possessed by the
registrant at the time of | 18 |
| suspension or the effective date of the
revocation order may be | 19 |
| placed under seal. No disposition may be made of
substances | 20 |
| under seal until the time for taking an appeal has elapsed or
| 21 |
| until all appeals have been concluded unless a court, upon | 22 |
| application
therefor, orders the sale of perishable substances | 23 |
| and the deposit of the
proceeds of the sale with the court. | 24 |
| Upon a revocation rule becoming final,
all substances may be | 25 |
| forfeited to the Department of Financial and Professional
| 26 |
| Regulation.
|
|
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LRB096 04780 RLC 25431 a |
|
| 1 |
| (f) When property is forfeited under this Act the Director | 2 |
| shall
sell all such property unless such property is required | 3 |
| by law to be
destroyed or is harmful to the public, and shall | 4 |
| distribute the proceeds of
the sale, together with any moneys | 5 |
| forfeited or seized, in accordance
with subsection (g). | 6 |
| However, upon the application of the seizing agency or
| 7 |
| prosecutor who was responsible for the investigation, arrest or | 8 |
| arrests and
prosecution which lead to the forfeiture, the | 9 |
| Director may return any item
of forfeited property to the | 10 |
| seizing agency or prosecutor for official use
in the | 11 |
| enforcement of laws relating to cannabis or controlled | 12 |
| substances,
if the agency or prosecutor can demonstrate that | 13 |
| the item requested would
be useful to the agency or prosecutor | 14 |
| in their enforcement efforts. When any forfeited conveyance, | 15 |
| including an aircraft, vehicle, or vessel, is returned to the | 16 |
| seizing agency or prosecutor, the conveyance may be used | 17 |
| immediately in the enforcement of the criminal laws of this | 18 |
| State. Upon disposal, all proceeds from the sale of the | 19 |
| conveyance must be used for drug enforcement purposes. When
any | 20 |
| real property returned to the seizing agency is sold by the | 21 |
| agency or
its unit of government, the proceeds of the sale | 22 |
| shall be delivered to the
Director and distributed in | 23 |
| accordance with subsection (g).
| 24 |
| (g) All monies and the sale proceeds of all other property | 25 |
| forfeited and
seized under this Act shall be distributed as | 26 |
| follows:
|
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LRB096 04780 RLC 25431 a |
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| 1 |
| (1) 65% shall be distributed to the metropolitan | 2 |
| enforcement group,
local, municipal, county, or state law | 3 |
| enforcement agency or agencies which
conducted or | 4 |
| participated in the investigation resulting in the | 5 |
| forfeiture.
The distribution shall bear a reasonable | 6 |
| relationship to the degree of
direct participation of the | 7 |
| law enforcement agency in the effort resulting
in the | 8 |
| forfeiture, taking into account the total value of the | 9 |
| property
forfeited and the total law enforcement effort | 10 |
| with respect to the
violation of the law upon which the | 11 |
| forfeiture is based.
Amounts distributed to the agency or | 12 |
| agencies shall be used for the
enforcement of laws | 13 |
| governing cannabis and controlled substances or for | 14 |
| security cameras used for the prevention or detection of | 15 |
| violence, except that
amounts distributed to the Secretary | 16 |
| of State shall be deposited into the
Secretary of State | 17 |
| Evidence Fund to be used as provided in Section 2-115 of | 18 |
| the
Illinois Vehicle Code.
| 19 |
| (2)(i) 12.5% shall be distributed to the Office of the | 20 |
| State's
Attorney of the county in which the prosecution | 21 |
| resulting in the forfeiture
was instituted, deposited in a | 22 |
| special fund in the county treasury and
appropriated to the | 23 |
| State's Attorney for use in the enforcement of laws
| 24 |
| governing cannabis and controlled substances. In counties | 25 |
| over 3,000,000
population, 25% will be distributed to the | 26 |
| Office of the State's Attorney for
use in the
enforcement |
|
|
|
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LRB096 04780 RLC 25431 a |
|
| 1 |
| of laws governing cannabis and controlled substances. If | 2 |
| the
prosecution is undertaken solely by the Attorney | 3 |
| General, the portion
provided hereunder shall be | 4 |
| distributed to the Attorney General for use in
the | 5 |
| enforcement of laws governing cannabis and controlled | 6 |
| substances.
| 7 |
| (ii) 12.5% shall be distributed to the Office of the | 8 |
| State's Attorneys
Appellate Prosecutor and deposited in | 9 |
| the Narcotics Profit Forfeiture Fund
of that office to be | 10 |
| used for additional expenses incurred in the
| 11 |
| investigation, prosecution and appeal of cases arising | 12 |
| under laws governing
cannabis and controlled substances. | 13 |
| The Office of the State's Attorneys
Appellate Prosecutor | 14 |
| shall not receive distribution from cases brought in
| 15 |
| counties with over 3,000,000 population.
| 16 |
| (3) 10% shall be retained by the Department of State | 17 |
| Police for expenses
related to the administration and sale | 18 |
| of seized and forfeited property.
| 19 |
| (h) Species of plants from which controlled substances in | 20 |
| Schedules I
and II may be derived which have been planted or | 21 |
| cultivated in violation of
this Act, or of which the owners or | 22 |
| cultivators are unknown, or which are
wild growths, may be | 23 |
| seized and summarily forfeited to the State. The
failure, upon | 24 |
| demand by the Director or any peace officer, of the person in
| 25 |
| occupancy or in control of land or premises upon which the | 26 |
| species of
plants are growing or being stored, to produce |
|
|
|
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LRB096 04780 RLC 25431 a |
|
| 1 |
| registration, or proof that
he or she is the holder thereof, | 2 |
| constitutes authority for the seizure and
forfeiture of the | 3 |
| plants.
| 4 |
| (Source: P.A. 94-1004, eff. 7-3-06.)
| 5 |
| (720 ILCS 570/507) (from Ch. 56 1/2, par. 1507)
| 6 |
| Sec. 507.
All rulings, final determinations, findings, and | 7 |
| conclusions of
the Department of State Police, the Department | 8 |
| of Financial and Professional Regulation, and
the Department of | 9 |
| Human Services of the State of Illinois under this Act are
| 10 |
| final and
conclusive decisions of the matters involved. Any | 11 |
| person aggrieved by the
decision may obtain review of the | 12 |
| decision pursuant to the provisions of
the Administrative | 13 |
| Review Law, as amended and the rules adopted pursuant
thereto. | 14 |
| Pending final decision on such review, the acts, orders
and | 15 |
| rulings of the Department shall remain in full force and effect | 16 |
| unless
modified or suspended by order of court pending final | 17 |
| judicial decision.
Pending final decision on such review, the | 18 |
| acts, orders, sanctions and rulings
of the Department of | 19 |
| Financial and Professional Regulation regarding any | 20 |
| registration
shall remain in full force and effect, unless | 21 |
| stayed by order of court.
However, no stay of any decision of | 22 |
| the administrative agency shall issue
unless the person | 23 |
| aggrieved by the decision establishes by a preponderance
of the | 24 |
| evidence that good cause exists therefor. In determining good | 25 |
| cause,
the court shall find that the aggrieved party has |
|
|
|
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LRB096 04780 RLC 25431 a |
|
| 1 |
| established a substantial
likelihood of prevailing on the | 2 |
| merits and that granting the stay will not
have an injurious | 3 |
| effect on the general public. Good cause shall not be
| 4 |
| established solely on the basis of hardships resulting from an | 5 |
| inability
to engage in the registered activity pending a final | 6 |
| judicial decision.
| 7 |
| (Source: P.A. 89-507, eff. 7-1-97.)
| 8 |
| (720 ILCS 570/204 rep.)
| 9 |
| (720 ILCS 570/206 rep.)
| 10 |
| (720 ILCS 570/208 rep.)
| 11 |
| (720 ILCS 570/210 rep.)
| 12 |
| (720 ILCS 570/212 rep.)
| 13 |
| (720 ILCS 570/213 rep.)
| 14 |
| (720 ILCS 570/216 rep.)
| 15 |
| (720 ILCS 570/217 rep.)
| 16 |
| Section 10. The Illinois Controlled Substances Act is | 17 |
| amended by repealing Sections 204, 206, 208, 210, 212, 213, | 18 |
| 216, and 217.
| 19 |
| Section 99. Effective date. This Act takes effect July 1, | 20 |
| 2009.".
|
|