Full Text of SB3502 98th General Assembly
SB3502sam001 98TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 5/1/2014
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| 1 | | AMENDMENT TO SENATE BILL 3502
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3502 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by adding Section | 5 | | 5-1140 as follows: | 6 | | (55 ILCS 5/5-1140 new) | 7 | | Sec. 5-1140. Ephedrine and pseudoephedrine. | 8 | | (a) Notwithstanding any provision of law to the contrary, | 9 | | the county board or board of county commissioners of a county | 10 | | may by ordinance provide that products containing any amount of | 11 | | ephedrine or pseudoephedrine may only be dispensed pursuant to | 12 | | the prescription order of a practitioner, regardless of whether | 13 | | the product in question is marketed as an over-the-counter drug | 14 | | product. Upon the adoption of such an ordinance, products | 15 | | containing any amount of ephedrine or pseudoephedrine may be | 16 | | dispensed in that county only pursuant to Sections 312 and 313 |
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| 1 | | of the Illinois Controlled Substances Act, without regard to | 2 | | the corporate limits of any municipality. | 3 | | (b) In a county where an ordinance has been adopted under | 4 | | this Section, a person who, on or after the effective date of | 5 | | the ordinance, receives a product containing any amount of | 6 | | ephedrine or pseudoephedrine that was dispensed other than | 7 | | pursuant to the prescription order of a practitioner shall be | 8 | | guilty of a Class A misdemeanor for a first offense, and a | 9 | | Class 4 felony for a second or subsequent offense. | 10 | | (c) A home rule unit may not regulate ephedrine or | 11 | | pseudoephedrine in a manner inconsistent with this Section or | 12 | | with an ordinance adopted under this Section. This subsection | 13 | | (c) is a limitation under subsection (i) of Section 6 of | 14 | | Article VII of the Illinois Constitution on the concurrent | 15 | | exercise by home rule units of powers and functions exercised | 16 | | by the State. | 17 | | (d) For purposes of this Section: | 18 | | "Dispense", "practitioner", and "prescription" have the | 19 | | meanings provided in Section 102 of the Illinois Controlled | 20 | | Substances Act. | 21 | | "Over-the-counter drug product" means a drug that is, apart | 22 | | from the adoption of an ordinance under this Section, available | 23 | | to consumers without a prescription and sold in compliance with | 24 | | the safety and labeling standards as set forth by the United | 25 | | States Food and Drug Administration. |
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| 1 | | Section 10. The Illinois Controlled Substances Act is | 2 | | amended by adding Section 604 as follows: | 3 | | (720 ILCS 570/604 new) | 4 | | Sec. 604. Ephedrine and pseudoephedrine; county | 5 | | ordinances. | 6 | | (a) Notwithstanding any provision of law to the contrary, | 7 | | in those counties that have by ordinance restricted sales of | 8 | | ephedrine and pseudoephedrine under Section 5-1140 of the | 9 | | Counties Code, no product containing any amount of ephedrine or | 10 | | pseudoephedrine may be dispensed other than pursuant to a | 11 | | prescription order of a practitioner, regardless of whether the | 12 | | product in question is marketed as an over-the-counter drug | 13 | | product. Upon the adoption of such an ordinance, products | 14 | | containing any amount of ephedrine or pseudoephedrine may be | 15 | | dispensed in that county only pursuant to Sections 312 and 313 | 16 | | of this Act, without regard to the corporate limits of any | 17 | | municipality. | 18 | | (b) In a county where an ordinance has been adopted under | 19 | | Section 5-1140 of the Counties Code, a person who, on or after | 20 | | the effective date of the ordinance, receives a product | 21 | | containing any amount of ephedrine or pseudoephedrine that was | 22 | | dispensed other than pursuant to the prescription order of a | 23 | | practitioner shall be guilty of a Class A misdemeanor for a | 24 | | first offense, and a Class 4 felony for a second or subsequent | 25 | | offense. |
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| 1 | | (c) A home rule unit may not regulate ephedrine or | 2 | | pseudoephedrine in a manner inconsistent with this Section or | 3 | | with an ordinance adopted under this Section. This subsection | 4 | | (c) is a limitation under subsection (i) of Section 6 of | 5 | | Article VII of the Illinois Constitution on the concurrent | 6 | | exercise by home rule units of powers and functions exercised | 7 | | by the State. | 8 | | (d) For the purposes of this Section, "over-the-counter | 9 | | drug product" means a drug that is, apart from the adoption of | 10 | | an ordinance under Section 5-1140 of the Counties Code, | 11 | | available to consumers without a prescription and sold in | 12 | | compliance with the safety and labeling standards as set forth | 13 | | by the United States Food and Drug Administration. | 14 | | Section 15. The Methamphetamine Precursor Control Act is | 15 | | amended by changing Sections 20 and 25 as follows: | 16 | | (720 ILCS 648/20) | 17 | | Sec. 20. Restrictions on purchase, receipt, or | 18 | | acquisition. | 19 | | (a) Except as provided in subsection (e) of this Section, | 20 | | any person 18 years of age or older wishing to purchase, | 21 | | receive, or otherwise acquire a targeted methamphetamine | 22 | | precursor shall, prior to taking possession of the targeted | 23 | | methamphetamine precursor:
| 24 | | (1) provide a driver's license or other |
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| 1 | | government-issued identification showing the person's | 2 | | name, date of birth, and photograph; and | 3 | | (2) sign a log documenting the name and address of the | 4 | | person, date and time of the transaction, and brand and | 5 | | product name and total quantity distributed of ephedrine or | 6 | | pseudoephedrine, their salts, or optical isomers, or salts | 7 | | of optical isomers. | 8 | | (b) Except as provided in subsection (e) of this Section, | 9 | | no person shall knowingly purchase, receive, or otherwise | 10 | | acquire, within any 30-day period products containing more than | 11 | | a total of 7,500 milligrams of ephedrine or pseudoephedrine, | 12 | | their salts or optical isomers, or salts of optical isomers.
| 13 | | (c) Except as provided in subsections (d) and (e) of this | 14 | | Section, no person shall knowingly purchase, receive, or | 15 | | otherwise acquire more than 2 targeted packages in a single | 16 | | retail transaction. | 17 | | (d) Except as provided in subsection (e) of this Section, | 18 | | no person shall knowingly purchase, receive, or otherwise | 19 | | acquire more than one convenience package from a retail | 20 | | location other than a pharmacy counter in a 24-hour period. | 21 | | (e) This Section shall not apply to any person who | 22 | | purchases, receives, or otherwise acquires a targeted | 23 | | methamphetamine precursor for the purpose of dispensing, | 24 | | distributing, or administering it in a lawful manner described | 25 | | in subsection (e) of Section 15 of this Act.
| 26 | | (f) A person shall not knowingly procure a targeted |
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| 1 | | methamphetamine precursor for a third party for the purpose of | 2 | | evading this Act, the Illinois Controlled Substances Act, or | 3 | | the Methamphetamine Control and Community Protection Act. | 4 | | (g) This Section is also subject to the limitations of | 5 | | ordinances adopted under Section 5-1140 of the Counties Code. | 6 | | (Source: P.A. 98-371, eff. 8-16-13.) | 7 | | (720 ILCS 648/25) | 8 | | Sec. 25. Pharmacies. | 9 | | (a) No targeted methamphetamine precursor may be knowingly | 10 | | distributed through a pharmacy, including a pharmacy located | 11 | | within, owned by, operated by, or associated with a retail | 12 | | distributor unless all terms of this Section are satisfied. | 13 | | If a county has adopted an ordinance under Section 5-1140 | 14 | | of the Counties Code, then no methamphetamine precursor | 15 | | containing ephedrine or pseudoephedrine may be dispensed under | 16 | | this Section unless the requirements of Sections 312 and 313 of | 17 | | the Illinois Controlled Substances Act have also been met. | 18 | | (b) Any targeted methamphetamine precursor other than a | 19 | | convenience package or a liquid, including but not limited to | 20 | | any targeted methamphetamine precursor in liquid-filled | 21 | | capsules, shall: be packaged in blister packs, with each | 22 | | blister containing not more than 2 dosage units, or when the | 23 | | use of blister packs is technically infeasible, in unit dose | 24 | | packets. Each targeted package shall contain no more than 3,000 | 25 | | milligrams of ephedrine or pseudoephedrine, their salts or |
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| 1 | | optical isomers, or salts of optical isomers.
| 2 | | (c) The targeted methamphetamine precursor shall be stored | 3 | | behind the pharmacy counter and distributed by a pharmacist or | 4 | | pharmacy technician licensed under the Pharmacy Practice Act, | 5 | | or by an agent of the pharmacist or pharmacy technician. | 6 | | (d) Any retail distributor operating a pharmacy, and any | 7 | | pharmacist or pharmacy technician involved in the transaction | 8 | | or transactions, shall ensure that any person purchasing, | 9 | | receiving, or otherwise acquiring the targeted methamphetamine | 10 | | precursor complies with subsection (a) of Section 20 of this | 11 | | Act.
| 12 | | (e) Any retail distributor operating a pharmacy, and any | 13 | | pharmacist or pharmacy technician involved in the transaction | 14 | | or transactions, shall verify that: | 15 | | (1) The person purchasing, receiving, or otherwise | 16 | | acquiring the targeted methamphetamine precursor is 18 | 17 | | years of age or older and resembles the photograph of the | 18 | | person on the government-issued identification presented | 19 | | by the person; and
| 20 | | (2) The name entered into the log referred to in | 21 | | subsection (a) of Section 20 of this Act corresponds to the | 22 | | name on the government-issued identification presented by | 23 | | the person.
| 24 | | (f) The logs referred to in subsection (a) of Section 20 of | 25 | | this Act shall be kept confidential, maintained for not less | 26 | | than 4 years, and made available for inspection and copying by |
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| 1 | | any law enforcement officer upon request of that officer.
These | 2 | | logs shall be kept in an electronic format as required by the | 3 | | Methamphetamine Precursor Tracking Act. | 4 | | (g) No retail distributor operating a pharmacy, and no | 5 | | pharmacist or pharmacy technician, shall knowingly distribute | 6 | | any targeted methamphetamine precursor to any person under 18 | 7 | | years of age. | 8 | | (h) No retail distributor operating a pharmacy, and no | 9 | | pharmacist or pharmacy technician, shall knowingly distribute | 10 | | to a single person more than 2 targeted packages in a single | 11 | | retail transaction. | 12 | | (i) No retail distributor operating a pharmacy, and no | 13 | | pharmacist or pharmacy technician, shall knowingly distribute | 14 | | to a single person in any 30-day period products containing | 15 | | more than a total of 7,500 milligrams of ephedrine or | 16 | | pseudoephedrine, their salts or optical isomers, or salts of | 17 | | optical isomers.
| 18 | | (j) A pharmacist or pharmacy technician may distribute a | 19 | | targeted methamphetamine precursor to a person who is without a | 20 | | form of identification specified in paragraph (1) of subsection | 21 | | (a) of Section 20 of this Act only if all other provisions of | 22 | | this Act are followed and either: | 23 | | (1) the person presents a driver's license issued | 24 | | without a photograph by the State of Illinois pursuant to | 25 | | the Illinois Administrative Code, Title 92, Section | 26 | | 1030.90(b)(1) or 1030.90(b)(2); or |
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| 1 | | (2) the person is known to the pharmacist or pharmacy | 2 | | technician, the person presents some form of | 3 | | identification, and the pharmacist or pharmacy technician | 4 | | reasonably believes that the targeted methamphetamine | 5 | | precursor will be used for a legitimate medical purpose and | 6 | | not to manufacture methamphetamine.
| 7 | | (k) When a pharmacist or pharmacy technician distributes a | 8 | | targeted methamphetamine precursor to a person according to the | 9 | | procedures set forth in this Act, and the pharmacist or | 10 | | pharmacy technician does not have access to a working cash | 11 | | register at the pharmacy counter, the pharmacist or pharmacy | 12 | | technician may instruct the person to pay for the targeted | 13 | | methamphetamine precursor at a cash register located elsewhere | 14 | | in the retail establishment, whether that register is operated | 15 | | by a pharmacist, pharmacy technician, or other employee or | 16 | | agent of the retail establishment.
| 17 | | (Source: P.A. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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