Illinois General Assembly - Full Text of SB0206
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Full Text of SB0206  99th General Assembly


Sen. Kwame Raoul

Filed: 4/16/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 206 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 102 and by adding Section 201.1 as
7    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
8    Sec. 102. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Addict" means any person who habitually uses any drug,
11chemical, substance or dangerous drug other than alcohol so as
12to endanger the public morals, health, safety or welfare or who
13is so far addicted to the use of a dangerous drug or controlled
14substance other than alcohol as to have lost the power of self
15control with reference to his or her addiction.
16    (b) "Administer" means the direct application of a



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1controlled substance, whether by injection, inhalation,
2ingestion, or any other means, to the body of a patient,
3research subject, or animal (as defined by the Humane
4Euthanasia in Animal Shelters Act) by:
5        (1) a practitioner (or, in his or her presence, by his
6    or her authorized agent),
7        (2) the patient or research subject pursuant to an
8    order, or
9        (3) a euthanasia technician as defined by the Humane
10    Euthanasia in Animal Shelters Act.
11    (c) "Agent" means an authorized person who acts on behalf
12of or at the direction of a manufacturer, distributor,
13dispenser, prescriber, or practitioner. It does not include a
14common or contract carrier, public warehouseman or employee of
15the carrier or warehouseman.
16    (c-1) "Anabolic Steroids" means any drug or hormonal
17substance, chemically and pharmacologically related to
18testosterone (other than estrogens, progestins,
19corticosteroids, and dehydroepiandrosterone), and includes:
20    (i) 3[beta],17-dihydroxy-5a-androstane, 
21    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
22    (iii) 5[alpha]-androstan-3,17-dione, 
23    (iv) 1-androstenediol (3[beta], 
24        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
25    (v) 1-androstenediol (3[alpha], 
26        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 



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1    (vi) 4-androstenediol  
2        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
3    (vii) 5-androstenediol  
4        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
5    (viii) 1-androstenedione  
6        ([5alpha]-androst-1-en-3,17-dione), 
7    (ix) 4-androstenedione  
8        (androst-4-en-3,17-dione), 
9    (x) 5-androstenedione  
10        (androst-5-en-3,17-dione), 
11    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
12        hydroxyandrost-4-en-3-one), 
13    (xii) boldenone (17[beta]-hydroxyandrost- 
14        1,4,-diene-3-one), 
15    (xiii) boldione (androsta-1,4- 
16        diene-3,17-dione), 
17    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
18        [beta]-hydroxyandrost-4-en-3-one), 
19    (xv) clostebol (4-chloro-17[beta]- 
20        hydroxyandrost-4-en-3-one), 
21    (xvi) dehydrochloromethyltestosterone (4-chloro- 
22        17[beta]-hydroxy-17[alpha]-methyl- 
23        androst-1,4-dien-3-one), 
24    (xvii) desoxymethyltestosterone 
25    (17[alpha]-methyl-5[alpha] 
26        -androst-2-en-17[beta]-ol)(a.k.a., madol), 



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1    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
2        '1-testosterone') (17[beta]-hydroxy- 
3        5[alpha]-androst-1-en-3-one), 
4    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
5        androstan-3-one), 
6    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
7        5[alpha]-androstan-3-one), 
8    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
9        hydroxyestr-4-ene), 
10    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
11        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
12    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
13        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
14    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
15        hydroxyandrostano[2,3-c]-furazan), 
16    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
17    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
18        androst-4-en-3-one), 
19    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
20        dihydroxy-estr-4-en-3-one), 
21    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
22        hydroxy-5-androstan-3-one), 
23    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
24        [5a]-androstan-3-one), 
25    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
26        hydroxyandrost-1,4-dien-3-one), 



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1    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
2        dihydroxyandrost-5-ene), 
3    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
4        5[alpha]-androst-1-en-3-one), 
5    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
6        dihydroxy-5a-androstane), 
7    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
8        -5a-androstane), 
9    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
10        dihydroxyandrost-4-ene), 
11    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
12        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
13    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
14        hydroxyestra-4,9(10)-dien-3-one), 
15    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
16        hydroxyestra-4,9-11-trien-3-one), 
17    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
18        hydroxyandrost-4-en-3-one), 
19    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
20        hydroxyestr-4-en-3-one), 
21    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
22        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
23        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
24        1-testosterone'), 
25    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
26    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 



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1        dihydroxyestr-4-ene), 
2    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
3        dihydroxyestr-4-ene), 
4    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
5        dihydroxyestr-5-ene), 
6    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
7        dihydroxyestr-5-ene), 
8    (xlvii) 19-nor-4,9(10)-androstadienedione  
9        (estra-4,9(10)-diene-3,17-dione), 
10    (xlviii) 19-nor-4-androstenedione (estr-4- 
11        en-3,17-dione), 
12    (xlix) 19-nor-5-androstenedione (estr-5- 
13        en-3,17-dione), 
14    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
15        hydroxygon-4-en-3-one), 
16    (li) norclostebol (4-chloro-17[beta]- 
17        hydroxyestr-4-en-3-one), 
18    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
19        hydroxyestr-4-en-3-one), 
20    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
21        hydroxyestr-4-en-3-one), 
22    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
23        2-oxa-5[alpha]-androstan-3-one), 
24    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
25        dihydroxyandrost-4-en-3-one), 
26    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 



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1        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
2    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
3        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
4    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
5        (5[alpha]-androst-1-en-3-one), 
6    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
7        secoandrosta-1,4-dien-17-oic 
8        acid lactone), 
9    (lx) testosterone (17[beta]-hydroxyandrost- 
10        4-en-3-one), 
11    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
12        diethyl-17[beta]-hydroxygon- 
13        4,9,11-trien-3-one), 
14    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
15        11-trien-3-one). 
16    Any person who is otherwise lawfully in possession of an
17anabolic steroid, or who otherwise lawfully manufactures,
18distributes, dispenses, delivers, or possesses with intent to
19deliver an anabolic steroid, which anabolic steroid is
20expressly intended for and lawfully allowed to be administered
21through implants to livestock or other nonhuman species, and
22which is approved by the Secretary of Health and Human Services
23for such administration, and which the person intends to
24administer or have administered through such implants, shall
25not be considered to be in unauthorized possession or to
26unlawfully manufacture, distribute, dispense, deliver, or



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1possess with intent to deliver such anabolic steroid for
2purposes of this Act.
3    (d) "Administration" means the Drug Enforcement
4Administration, United States Department of Justice, or its
5successor agency.
6    (d-5) "Clinical Director, Prescription Monitoring Program"
7means a Department of Human Services administrative employee
8licensed to either prescribe or dispense controlled substances
9who shall run the clinical aspects of the Department of Human
10Services Prescription Monitoring Program and its Prescription
11Information Library.
12    (d-10) "Compounding" means the preparation and mixing of
13components, excluding flavorings, (1) as the result of a
14prescriber's prescription drug order or initiative based on the
15prescriber-patient-pharmacist relationship in the course of
16professional practice or (2) for the purpose of, or incident
17to, research, teaching, or chemical analysis and not for sale
18or dispensing. "Compounding" includes the preparation of drugs
19or devices in anticipation of receiving prescription drug
20orders based on routine, regularly observed dispensing
21patterns. Commercially available products may be compounded
22for dispensing to individual patients only if both of the
23following conditions are met: (i) the commercial product is not
24reasonably available from normal distribution channels in a
25timely manner to meet the patient's needs and (ii) the
26prescribing practitioner has requested that the drug be



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2    (e) "Control" means to add a drug or other substance, or
3immediate precursor, to a Schedule whether by transfer from
4another Schedule or otherwise.
5    (f) "Controlled Substance" means (i) a drug, substance, or
6immediate precursor, synthetic drug, or class of synthetic drug
7in the Schedules of Article II of this Act or (ii) a drug or
8other substance, or immediate precursor, synthetic drug, or
9class of synthetic drug designated as a controlled substance by
10the Department through administrative rule. The term does not
11include distilled spirits, wine, malt beverages, or tobacco, as
12those terms are defined or used in the Liquor Control Act of
131934 and the Tobacco Products Tax Act of 1995.
14    (f-5) "Controlled substance analog" means a substance:
15        (1) the chemical structure of which is substantially
16    similar to the chemical structure of a controlled substance
17    in Schedule I or II;
18        (2) which has a stimulant, depressant, or
19    hallucinogenic effect on the central nervous system that is
20    substantially similar to or greater than the stimulant,
21    depressant, or hallucinogenic effect on the central
22    nervous system of a controlled substance in Schedule I or
23    II; or
24        (3) with respect to a particular person, which such
25    person represents or intends to have a stimulant,
26    depressant, or hallucinogenic effect on the central



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1    nervous system that is substantially similar to or greater
2    than the stimulant, depressant, or hallucinogenic effect
3    on the central nervous system of a controlled substance in
4    Schedule I or II.
5    (g) "Counterfeit substance" means a controlled substance,
6which, or the container or labeling of which, without
7authorization bears the trademark, trade name, or other
8identifying mark, imprint, number or device, or any likeness
9thereof, of a manufacturer, distributor, or dispenser other
10than the person who in fact manufactured, distributed, or
11dispensed the substance.
12    (h) "Deliver" or "delivery" means the actual, constructive
13or attempted transfer of possession of a controlled substance,
14with or without consideration, whether or not there is an
15agency relationship.
16    (i) "Department" means the Illinois Department of Human
17Services (as successor to the Department of Alcoholism and
18Substance Abuse) or its successor agency.
19    (j) (Blank).
20    (k) "Department of Corrections" means the Department of
21Corrections of the State of Illinois or its successor agency.
22    (l) "Department of Financial and Professional Regulation"
23means the Department of Financial and Professional Regulation
24of the State of Illinois or its successor agency.
25    (m) "Depressant" means any drug that (i) causes an overall
26depression of central nervous system functions, (ii) causes



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1impaired consciousness and awareness, and (iii) can be
2habit-forming or lead to a substance abuse problem, including
3but not limited to alcohol, cannabis and its active principles
4and their analogs, benzodiazepines and their analogs,
5barbiturates and their analogs, opioids (natural and
6synthetic) and their analogs, and chloral hydrate and similar
7sedative hypnotics.
8    (n) (Blank).
9    (o) "Director" means the Director of the Illinois State
10Police or his or her designated agents.
11    (p) "Dispense" means to deliver a controlled substance to
12an ultimate user or research subject by or pursuant to the
13lawful order of a prescriber, including the prescribing,
14administering, packaging, labeling, or compounding necessary
15to prepare the substance for that delivery.
16    (q) "Dispenser" means a practitioner who dispenses.
17    (r) "Distribute" means to deliver, other than by
18administering or dispensing, a controlled substance.
19    (s) "Distributor" means a person who distributes.
20    (t) "Drug" means (1) substances recognized as drugs in the
21official United States Pharmacopoeia, Official Homeopathic
22Pharmacopoeia of the United States, or official National
23Formulary, or any supplement to any of them; (2) substances
24intended for use in diagnosis, cure, mitigation, treatment, or
25prevention of disease in man or animals; (3) substances (other
26than food) intended to affect the structure of any function of



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



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1the following, in making the judgment:
2        (1) lack of consistency of prescriber-patient
3    relationship,
4        (2) frequency of prescriptions for same drug by one
5    prescriber for large numbers of patients,
6        (3) quantities beyond those normally prescribed,
7        (4) unusual dosages (recognizing that there may be
8    clinical circumstances where more or less than the usual
9    dose may be used legitimately),
10        (5) unusual geographic distances between patient,
11    pharmacist and prescriber,
12        (6) consistent prescribing of habit-forming drugs.
13    (u-0.5) "Hallucinogen" means a drug that causes markedly
14altered sensory perception leading to hallucinations of any
16    (u-1) "Home infusion services" means services provided by a
17pharmacy in compounding solutions for direct administration to
18a patient in a private residence, long-term care facility, or
19hospice setting by means of parenteral, intravenous,
20intramuscular, subcutaneous, or intraspinal infusion.
21    (u-5) "Illinois State Police" means the State Police of the
22State of Illinois, or its successor agency.
23    (v) "Immediate precursor" means a substance:
24        (1) which the Department has found to be and by rule
25    designated as being a principal compound used, or produced
26    primarily for use, in the manufacture of a controlled



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1    substance;
2        (2) which is an immediate chemical intermediary used or
3    likely to be used in the manufacture of such controlled
4    substance; and
5        (3) the control of which is necessary to prevent,
6    curtail or limit the manufacture of such controlled
7    substance.
8    (w) "Instructional activities" means the acts of teaching,
9educating or instructing by practitioners using controlled
10substances within educational facilities approved by the State
11Board of Education or its successor agency.
12    (x) "Local authorities" means a duly organized State,
13County or Municipal peace unit or police force.
14    (y) "Look-alike substance" means a substance, other than a
15controlled substance which (1) by overall dosage unit
16appearance, including shape, color, size, markings or lack
17thereof, taste, consistency, or any other identifying physical
18characteristic of the substance, would lead a reasonable person
19to believe that the substance is a controlled substance, or (2)
20is expressly or impliedly represented to be a controlled
21substance or is distributed under circumstances which would
22lead a reasonable person to believe that the substance is a
23controlled substance. For the purpose of determining whether
24the representations made or the circumstances of the
25distribution would lead a reasonable person to believe the
26substance to be a controlled substance under this clause (2) of



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1subsection (y), the court or other authority may consider the
2following factors in addition to any other factor that may be
4        (a) statements made by the owner or person in control
5    of the substance concerning its nature, use or effect;
6        (b) statements made to the buyer or recipient that the
7    substance may be resold for profit;
8        (c) whether the substance is packaged in a manner
9    normally used for the illegal distribution of controlled
10    substances;
11        (d) whether the distribution or attempted distribution
12    included an exchange of or demand for money or other
13    property as consideration, and whether the amount of the
14    consideration was substantially greater than the
15    reasonable retail market value of the substance.
16    Clause (1) of this subsection (y) shall not apply to a
17noncontrolled substance in its finished dosage form that was
18initially introduced into commerce prior to the initial
19introduction into commerce of a controlled substance in its
20finished dosage form which it may substantially resemble.
21    Nothing in this subsection (y) prohibits the dispensing or
22distributing of noncontrolled substances by persons authorized
23to dispense and distribute controlled substances under this
24Act, provided that such action would be deemed to be carried
25out in good faith under subsection (u) if the substances
26involved were controlled substances.



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1    Nothing in this subsection (y) or in this Act prohibits the
2manufacture, preparation, propagation, compounding,
3processing, packaging, advertising or distribution of a drug or
4drugs by any person registered pursuant to Section 510 of the
5Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
6    (y-1) "Mail-order pharmacy" means a pharmacy that is
7located in a state of the United States that delivers,
8dispenses or distributes, through the United States Postal
9Service or other common carrier, to Illinois residents, any
10substance which requires a prescription.
11    (z) "Manufacture" means the production, preparation,
12propagation, compounding, conversion or processing of a
13controlled substance other than methamphetamine, either
14directly or indirectly, by extraction from substances of
15natural origin, or independently by means of chemical
16synthesis, or by a combination of extraction and chemical
17synthesis, and includes any packaging or repackaging of the
18substance or labeling of its container, except that this term
19does not include:
20        (1) by an ultimate user, the preparation or compounding
21    of a controlled substance for his or her own use; or
22        (2) by a practitioner, or his or her authorized agent
23    under his or her supervision, the preparation,
24    compounding, packaging, or labeling of a controlled
25    substance:
26            (a) as an incident to his or her administering or



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1        dispensing of a controlled substance in the course of
2        his or her professional practice; or
3            (b) as an incident to lawful research, teaching or
4        chemical analysis and not for sale.
5    (z-1) (Blank).
6    (z-5) "Medication shopping" means the conduct prohibited
7under subsection (a) of Section 314.5 of this Act.
8    (z-10) "Mid-level practitioner" means (i) a physician
9assistant who has been delegated authority to prescribe through
10a written delegation of authority by a physician licensed to
11practice medicine in all of its branches, in accordance with
12Section 7.5 of the Physician Assistant Practice Act of 1987,
13(ii) an advanced practice nurse who has been delegated
14authority to prescribe through a written delegation of
15authority by a physician licensed to practice medicine in all
16of its branches or by a podiatric physician, in accordance with
17Section 65-40 of the Nurse Practice Act, (iii) an animal
18euthanasia agency, or (iv) a prescribing psychologist.
19    (aa) "Narcotic drug" means any of the following, whether
20produced directly or indirectly by extraction from substances
21of vegetable origin, or independently by means of chemical
22synthesis, or by a combination of extraction and chemical
24        (1) opium, opiates, derivatives of opium and opiates,
25    including their isomers, esters, ethers, salts, and salts
26    of isomers, esters, and ethers, whenever the existence of



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1    such isomers, esters, ethers, and salts is possible within
2    the specific chemical designation; however the term
3    "narcotic drug" does not include the isoquinoline
4    alkaloids of opium;
5        (2) (blank);
6        (3) opium poppy and poppy straw;
7        (4) coca leaves, except coca leaves and extracts of
8    coca leaves from which substantially all of the cocaine and
9    ecgonine, and their isomers, derivatives and salts, have
10    been removed;
11        (5) cocaine, its salts, optical and geometric isomers,
12    and salts of isomers;
13        (6) ecgonine, its derivatives, their salts, isomers,
14    and salts of isomers;
15        (7) any compound, mixture, or preparation which
16    contains any quantity of any of the substances referred to
17    in subparagraphs (1) through (6).
18    (bb) "Nurse" means a registered nurse licensed under the
19Nurse Practice Act.
20    (cc) (Blank).
21    (dd) "Opiate" means any substance having an addiction
22forming or addiction sustaining liability similar to morphine
23or being capable of conversion into a drug having addiction
24forming or addiction sustaining liability.
25    (ee) "Opium poppy" means the plant of the species Papaver
26somniferum L., except its seeds.



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1    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
2solution or other liquid form of medication intended for
3administration by mouth, but the term does not include a form
4of medication intended for buccal, sublingual, or transmucosal
6    (ff) "Parole and Pardon Board" means the Parole and Pardon
7Board of the State of Illinois or its successor agency.
8    (gg) "Person" means any individual, corporation,
9mail-order pharmacy, government or governmental subdivision or
10agency, business trust, estate, trust, partnership or
11association, or any other entity.
12    (hh) "Pharmacist" means any person who holds a license or
13certificate of registration as a registered pharmacist, a local
14registered pharmacist or a registered assistant pharmacist
15under the Pharmacy Practice Act.
16    (ii) "Pharmacy" means any store, ship or other place in
17which pharmacy is authorized to be practiced under the Pharmacy
18Practice Act.
19    (ii-5) "Pharmacy shopping" means the conduct prohibited
20under subsection (b) of Section 314.5 of this Act.
21    (ii-10) "Physician" (except when the context otherwise
22requires) means a person licensed to practice medicine in all
23of its branches.
24    (jj) "Poppy straw" means all parts, except the seeds, of
25the opium poppy, after mowing.
26    (kk) "Practitioner" means a physician licensed to practice



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1medicine in all its branches, dentist, optometrist, podiatric
2physician, veterinarian, scientific investigator, pharmacist,
3physician assistant, advanced practice nurse, licensed
4practical nurse, registered nurse, hospital, laboratory, or
5pharmacy, or other person licensed, registered, or otherwise
6lawfully permitted by the United States or this State to
7distribute, dispense, conduct research with respect to,
8administer or use in teaching or chemical analysis, a
9controlled substance in the course of professional practice or
11    (ll) "Pre-printed prescription" means a written
12prescription upon which the designated drug has been indicated
13prior to the time of issuance; the term does not mean a written
14prescription that is individually generated by machine or
15computer in the prescriber's office.
16    (mm) "Prescriber" means a physician licensed to practice
17medicine in all its branches, dentist, optometrist,
18prescribing psychologist licensed under Section 4.2 of the
19Clinical Psychologist Licensing Act with prescriptive
20authority delegated under Section 4.3 of the Clinical
21Psychologist Licensing Act, podiatric physician, or
22veterinarian who issues a prescription, a physician assistant
23who issues a prescription for a controlled substance in
24accordance with Section 303.05, a written delegation, and a
25written supervision agreement required under Section 7.5 of the
26Physician Assistant Practice Act of 1987, or an advanced



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1practice nurse with prescriptive authority delegated under
2Section 65-40 of the Nurse Practice Act and in accordance with
3Section 303.05, a written delegation, and a written
4collaborative agreement under Section 65-35 of the Nurse
5Practice Act.
6    (nn) "Prescription" means a written, facsimile, or oral
7order, or an electronic order that complies with applicable
8federal requirements, of a physician licensed to practice
9medicine in all its branches, dentist, podiatric physician or
10veterinarian for any controlled substance, of an optometrist
11for a Schedule II, III, IV, or V controlled substance in
12accordance with Section 15.1 of the Illinois Optometric
13Practice Act of 1987, of a prescribing psychologist licensed
14under Section 4.2 of the Clinical Psychologist Licensing Act
15with prescriptive authority delegated under Section 4.3 of the
16Clinical Psychologist Licensing Act, of a physician assistant
17for a controlled substance in accordance with Section 303.05, a
18written delegation, and a written supervision agreement
19required under Section 7.5 of the Physician Assistant Practice
20Act of 1987, or of an advanced practice nurse with prescriptive
21authority delegated under Section 65-40 of the Nurse Practice
22Act who issues a prescription for a controlled substance in
23accordance with Section 303.05, a written delegation, and a
24written collaborative agreement under Section 65-35 of the
25Nurse Practice Act when required by law.
26    (nn-5) "Prescription Information Library" (PIL) means an



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1electronic library that contains reported controlled substance
3    (nn-10) "Prescription Monitoring Program" (PMP) means the
4entity that collects, tracks, and stores reported data on
5controlled substances and select drugs pursuant to Section 316.
6    (oo) "Production" or "produce" means manufacture,
7planting, cultivating, growing, or harvesting of a controlled
8substance other than methamphetamine.
9    (pp) "Registrant" means every person who is required to
10register under Section 302 of this Act.
11    (qq) "Registry number" means the number assigned to each
12person authorized to handle controlled substances under the
13laws of the United States and of this State.
14    (qq-5) "Secretary" means, as the context requires, either
15the Secretary of the Department or the Secretary of the
16Department of Financial and Professional Regulation, and the
17Secretary's designated agents.
18    (rr) "State" includes the State of Illinois and any state,
19district, commonwealth, territory, insular possession thereof,
20and any area subject to the legal authority of the United
21States of America.
22    (rr-5) "Stimulant" means any drug that (i) causes an
23overall excitation of central nervous system functions, (ii)
24causes impaired consciousness and awareness, and (iii) can be
25habit-forming or lead to a substance abuse problem, including
26but not limited to amphetamines and their analogs,



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1methylphenidate and its analogs, cocaine, and phencyclidine
2and its analogs.
3    (rr-10) "Synthetic drug" includes, but is not limited to,
4any synthetic cannabinoids, piperazines, or cathinones,
5identified either by a specific chemical configuration or as
6belonging to a specific structural class, as provided for in
7the Schedules of Article II of this Act or designated as a
8controlled substance by the Department through administrative
10    (ss) "Ultimate user" means a person who lawfully possesses
11a controlled substance for his or her own use or for the use of
12a member of his or her household or for administering to an
13animal owned by him or her or by a member of his or her
15(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668,
16eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14;
17revised 10-1-14.)
18    (720 ILCS 570/201.1 new)
19    Sec. 201.1. Department of Human Services; class schedules.
20    (a) The General Assembly recognizes the recent growth of
21synthetic drugs and the dangers they create. The General
22Assembly further recognizes that the chemical structure of
23synthetic drugs can be easily manipulated to avoid containing
24newly controlled substances. It is the intent of this
25amendatory Act of the 99th General Assembly to create a process



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1by which synthetic drugs and their analogs may be scheduled as
2controlled substances based upon their underlying chemical
3structure in addition to their specific chemical
5    (b) The Department, by rule, may identify certain classes
6of synthetic drugs and schedule them according to the schedule
7of the controlled substance or substances they encompass.
8    (c) To identify new chemical formulas and structural
9classes of synthetic drugs and their analogs, the Department
10may consult with the Department of State Police Division of
11Forensic Services, the United States Department of Justice Drug
12Enforcement Administration, the United States Office of
13National Drug Control Policy, the State Board of Pharmacy, the
14Office of the Attorney General, or with any other agency or
15group that may have pertinent information regarding synthetic
16drugs, their chemical structure, effects, or potential for
18    (d) In making the determination of whether to schedule a
19class of synthetic drugs, the Department shall consider:
20        (1) the structural similarity between the chemical
21    configuration of synthetic drugs and their analogs and
22    their ability to be classified based upon their shared
23    structure;
24        (2) the degree of danger or probable danger of the
25    chemical compounds that the class would encompass, as set
26    forth in subsection (a) of Section 201 of this Act;



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1        (3) the substantial similarity between the synthetic
2    drugs encompassed by the proposed class and the controlled
3    substance or substances they mimic by comparing any or all
4    of the following:
5            (A) their chemical structure;
6            (B) their stimulant, depressant, or hallucinogenic
7        effect on the central nervous system;
8            (C) the similarity of their effects on particular
9        receptors;
10            (D) the degree to which the proposed class of
11        substances mimics the pharmacological, physiological,
12        or psychological effect of a controlled substance; or
13            (E) the ability of manufacturers to circumvent
14        statutory criteria by merely manipulating the chemical
15        structure in endless variations with the
16        pharmacological effect remaining substantially
17        unchanged;
18        (4) the extent to which the substances at issue have a
19    demonstrated bona fide use;
20        (5) the extent to which the substances at issue are
21    implicitly intended for human consumption; and
22        (6) any misleading importation, manufacture,
23    distribution, labeling, or advertising of products
24    containing substances that would be included within the
25    proposed class.
26    (e) If any synthetic drug or class of synthetic drug is



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1scheduled, rescheduled, or deleted as a controlled substance
2under federal law and notice of the scheduling, rescheduling,
3or deletion is given to the Department, the Department shall
4follow the procedure set forth in subsection (d) of Section 201
5of this Act.".