Full Text of HB3146 98th General Assembly
HB3146 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3146 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 720 ILCS 570/303 | from Ch. 56 1/2, par. 1303 |
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Amends the Illinois Controlled Substances Act. Increases the registration fee for manufacturers and wholesale distributors of controlled substances from $50.00 a year to $300.00 a year.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB3146 | | LRB098 09763 MRW 39913 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Section 303 as follows: | 6 | | (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
| 7 | | Sec. 303. (a) The Department of Financial and Professional | 8 | | Regulation shall license an
applicant to manufacture, | 9 | | distribute or dispense controlled substances
included in | 10 | | Sections 202, 204, 206, 208, 210 and 212 of this Act or | 11 | | purchase,
store, or administer euthanasia drugs unless it
| 12 | | determines that the issuance of that license would be
| 13 | | inconsistent
with the public interest. In determining the | 14 | | public interest, the
Department of Financial and Professional | 15 | | Regulation shall consider the following:
| 16 | | (1) maintenance of effective controls against | 17 | | diversion of controlled
substances into other than lawful | 18 | | medical, scientific, or industrial
channels;
| 19 | | (2) compliance with applicable Federal, State and | 20 | | local law;
| 21 | | (3) any convictions of the applicant, or the designated | 22 | | agent of the applicant where applicable, under any law of | 23 | | the United States
or of any State relating to any |
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| 1 | | controlled substance;
| 2 | | (4) past experience in the manufacture or distribution | 3 | | of controlled
substances, and the existence in the | 4 | | applicant's establishment of effective
controls against | 5 | | diversion;
| 6 | | (5) furnishing by the applicant of false or fraudulent | 7 | | material in any
application filed under this Act;
| 8 | | (6) suspension or revocation of the applicant's | 9 | | Federal
registration to
manufacture, distribute, or | 10 | | dispense controlled substances, or purchase,
store, or | 11 | | administer euthanasia drugs, as authorized by
Federal law;
| 12 | | (7) whether the applicant is suitably equipped with the | 13 | | facilities
appropriate to carry on the operation described | 14 | | in his or her application;
| 15 | | (8) whether the applicant is of good moral character | 16 | | or, if the
applicant is a partnership, association, | 17 | | corporation or other organization,
whether the partners, | 18 | | directors, governing committee and managing officers
are | 19 | | of good moral character;
| 20 | | (9) any other factors relevant to and consistent with | 21 | | the public health
and safety; and
| 22 | | (10) evidence from court, medical disciplinary and | 23 | | pharmacy
board records and those of State and Federal | 24 | | investigatory bodies that the
applicant has not or does not | 25 | | prescribe controlled substances within the
provisions of | 26 | | this Act.
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| 1 | | (b) No license shall be granted to or renewed for any
| 2 | | person who
has within 5 years been convicted of a wilful | 3 | | violation of any law of the
United States or any law of any | 4 | | State relating to controlled substances, or
who is found to be | 5 | | deficient in any of the matters enumerated in
subsections | 6 | | (a)(1) through (a)(8).
| 7 | | (c) Licensure under subsection (a) does not entitle a
| 8 | | registrant to
manufacture, distribute or dispense controlled | 9 | | substances in Schedules I or
II other than those specified in | 10 | | the registration.
| 11 | | (d) Practitioners who are licensed to dispense any
| 12 | | controlled
substances in Schedules II through V are authorized | 13 | | to
conduct instructional activities with controlled substances
| 14 | | in Schedules II through V under the law of this State.
| 15 | | (e) If an applicant for registration is registered under | 16 | | the Federal law
to manufacture, distribute or dispense | 17 | | controlled substances, or purchase,
store, or administer | 18 | | euthanasia drugs, upon filing a
completed application for | 19 | | licensure in this State and
payment of all
fees due hereunder, | 20 | | he or she shall be licensed in this State to
the same extent
as | 21 | | his or her Federal registration, unless, within 30 days after | 22 | | completing his or her
application in this State, the Department | 23 | | of Financial and Professional Regulation
notifies the | 24 | | applicant that his or her application has not been granted. A
| 25 | | practitioner who is in compliance with the Federal law with | 26 | | respect to
registration to dispense controlled substances in |
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| 1 | | Schedules II through V
need only send a current copy of that | 2 | | Federal registration to the
Department of Financial and | 3 | | Professional Regulation and he or she shall be deemed in
| 4 | | compliance with the registration provisions of this State.
| 5 | | (e-5) All of the fees and fines collected under
this | 6 | | Section 303 shall be deposited into the Illinois State Pharmacy
| 7 | | Disciplinary Fund.
| 8 | | (f) The fee for registration as a manufacturer or wholesale | 9 | | distributor
of controlled substances shall be $300.00 $50.00 | 10 | | per year, except that the fee for
registration as a | 11 | | manufacturer or wholesale distributor of controlled
substances | 12 | | that may be dispensed without a prescription under this Act
| 13 | | shall be $15.00 per year. The expiration date and renewal | 14 | | period for
each controlled substance license issued
under this | 15 | | Act shall be set by rule.
| 16 | | (Source: P.A. 97-334, eff. 1-1-12.)
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