Full Text of SB1062 99th General Assembly
SB1062enr 99TH GENERAL ASSEMBLY |
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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 302 as follows: | 6 | | (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302) | 7 | | Sec. 302. (a) Every person who manufactures, distributes, | 8 | | or dispenses
any controlled substances ; , or engages in | 9 | | chemical analysis, research, or and
instructional activities | 10 | | which utilize controlled substances ; ,
or who purchases, | 11 | | stores, or administers euthanasia drugs, within this
State ; | 12 | | provides canine odor detection services; or who proposes to | 13 | | engage in the
manufacture, distribution, or dispensing of any | 14 | | controlled substance ; , proposes or to
engage in chemical | 15 | | analysis, research, or and instructional activities
which | 16 | | utilize controlled substances ; , proposes or to engage in | 17 | | purchasing, storing, or
administering euthanasia drugs ; or | 18 | | proposes to provide canine odor detection services , within this | 19 | | State, must obtain a
registration issued by the Department of | 20 | | Financial and Professional Regulation in
accordance with its | 21 | | rules. The rules shall
include, but not be limited to, setting | 22 | | the expiration date and renewal
period for each registration | 23 | | under this Act. The Department,
any facility or service |
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| 1 | | licensed by the Department, and any veterinary hospital or | 2 | | clinic operated by a veterinarian or veterinarians licensed | 3 | | under the Veterinary Medicine and Surgery Practice Act of 2004 | 4 | | or maintained by a State-supported or publicly funded | 5 | | university or college shall be exempt
from the regulation | 6 | | requirements of this Section; however, such exemption shall not | 7 | | operate to bar the University of Illinois from requesting, nor | 8 | | the Department of Financial and Professional Regulation from | 9 | | issuing, a registration to the University of Illinois | 10 | | Veterinary Teaching Hospital under this Act. Neither a request | 11 | | for such registration nor the issuance of such registration to | 12 | | the University of Illinois shall operate to otherwise waive or | 13 | | modify the exemption provided in this subsection (a).
| 14 | | (b) Persons registered by the Department of Financial and | 15 | | Professional Regulation
under this Act to manufacture, | 16 | | distribute, or dispense controlled
substances, engage in | 17 | | chemical analysis, research, or instructional activities which | 18 | | utilize controlled substances, or purchase, store, or | 19 | | administer euthanasia drugs, or provide canine odor detection | 20 | | services, may
possess, manufacture, distribute, engage in | 21 | | chemical analysis, research, or instructional activities which | 22 | | utilize controlled substances, or dispense those
substances, | 23 | | or purchase, store, or administer euthanasia drugs, or provide | 24 | | canine odor detection services to the
extent authorized by | 25 | | their registration and in conformity
with the other provisions | 26 | | of this Article.
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| 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 | | (6) a holder of a temporary license issued under | 25 | | Section 17 of the Medical Practice
Act of 1987 practicing | 26 | | within the scope of that license and in compliance with the |
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| 1 | | rules adopted
under this Act. In addition to possessing | 2 | | controlled substances, a temporary license holder may
| 3 | | order, administer, and prescribe controlled substances | 4 | | when acting within the scope of his or her
license and in | 5 | | compliance with the rules adopted under this Act .
| 6 | | (d) A separate registration is required at each place of
| 7 | | business or professional practice where the applicant | 8 | | manufactures,
distributes, or dispenses controlled substances, | 9 | | or purchases, stores, or
administers euthanasia drugs.
Persons | 10 | | are required to obtain a separate registration for each
place | 11 | | of business or professional practice where controlled
| 12 | | substances are located or stored. A separate registration is
| 13 | | not required for every location at which a controlled substance
| 14 | | may be prescribed.
| 15 | | (e) The Department of Financial and Professional | 16 | | Regulation or the Illinois
State Police may inspect the | 17 | | controlled premises, as defined in Section
502 of this Act, of | 18 | | a registrant or applicant for registration in
accordance with | 19 | | this Act and the rules promulgated hereunder and with regard
to | 20 | | persons licensed by the Department, in accordance with | 21 | | subsection (bb)
of Section 30-5
of the Alcoholism and Other | 22 | | Drug Abuse and Dependency Act and
the rules and
regulations | 23 | | promulgated thereunder.
| 24 | | (Source: P.A. 96-219, eff. 8-10-09; 97-126, eff. 7-14-11; | 25 | | 97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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