Full Text of HB1877 97th General Assembly
HB1877enr 97TH 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 chemical | 9 | | analysis, and
instructional activities which utilize | 10 | | controlled substances,
or who purchases, stores, or | 11 | | administers euthanasia drugs, within this
State or who proposes | 12 | | to engage in the
manufacture, distribution, or dispensing of | 13 | | any controlled substance, or to
engage in chemical analysis, | 14 | | and instructional activities
which utilize controlled | 15 | | substances, or to engage in purchasing, storing, or
| 16 | | administering euthanasia drugs, within this State, must obtain | 17 | | a
registration issued by the Department of Professional | 18 | | Regulation in
accordance with its rules. The rules shall
| 19 | | include, but not be limited to, setting the expiration date and | 20 | | renewal
period for each registration under this Act. The | 21 | | Department,
any facility or service licensed by the Department, | 22 | | and any veterinary hospital or clinic operated by a | 23 | | veterinarian or veterinarians licensed under the Veterinary |
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| 1 | | Medicine and Surgery Practice Act of 2004 or maintained by a | 2 | | State-supported or publicly funded university or college shall | 3 | | be exempt
from the regulation requirements of this Section ; | 4 | | however, such exemption shall not operate to bar the University | 5 | | of Illinois from requesting, nor the Department of Financial | 6 | | and Professional Regulation from issuing, a registration to the | 7 | | University of Illinois Veterinary Teaching Hospital under this | 8 | | Act. Neither a request for such registration nor the issuance | 9 | | of such registration to the University of Illinois shall | 10 | | operate to otherwise waive or modify the exemption provided in | 11 | | this subsection (a) .
| 12 | | (b) Persons registered by the Department of Professional | 13 | | Regulation
under this Act to manufacture, distribute, or | 14 | | dispense controlled
substances, or purchase, store, or | 15 | | administer euthanasia drugs, may
possess, manufacture, | 16 | | distribute, or dispense those
substances, or purchase, store, | 17 | | or administer euthanasia drugs, to the
extent authorized by | 18 | | their registration and in conformity
with the other provisions | 19 | | of this Article.
| 20 | | (c) The following persons need not register and may | 21 | | lawfully possess
controlled substances under this Act:
| 22 | | (1) an agent or employee of any registered | 23 | | manufacturer, distributor, or
dispenser of any controlled | 24 | | substance if he is acting in the usual course
of his | 25 | | employer's lawful business or employment;
| 26 | | (2) a common or contract carrier or warehouseman, or an |
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| 1 | | agent or
employee thereof, whose possession of any | 2 | | controlled substance is in the
usual lawful course of such | 3 | | business or employment;
| 4 | | (3) an ultimate user or a person in possession of any | 5 | | controlled
substance pursuant to a lawful prescription of a | 6 | | practitioner or in lawful
possession of a Schedule V | 7 | | substance;
| 8 | | (4) officers and employees of this State or of the | 9 | | United States while
acting in the lawful course of their | 10 | | official duties which requires
possession of controlled | 11 | | substances;
| 12 | | (5) a registered pharmacist who is employed in, or the | 13 | | owner of, a
pharmacy licensed under this Act and the | 14 | | Federal Controlled Substances Act,
at the licensed | 15 | | location, or if he is acting in the usual course of his
| 16 | | lawful profession, business, or employment.
| 17 | | (d) A separate registration is required at each place of
| 18 | | business or professional practice where the applicant | 19 | | manufactures,
distributes, or dispenses controlled substances, | 20 | | or purchases, stores, or
administers euthanasia drugs.
Persons | 21 | | are required to obtain a separate registration for each
place | 22 | | of business or professional practice where controlled
| 23 | | substances are located or stored. A separate registration is
| 24 | | not required for every location at which a controlled substance
| 25 | | may be prescribed.
| 26 | | (e) The Department of Professional Regulation or the |
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| 1 | | Department of
State Police may inspect the controlled premises, | 2 | | as defined in Section
502 of this Act, of a registrant or | 3 | | applicant for registration in
accordance with this Act and the | 4 | | rules promulgated hereunder and with regard
to persons licensed | 5 | | by the Department, in accordance with subsection (bb)
of | 6 | | Section 30-5
of the Alcoholism and Other Drug Abuse and | 7 | | Dependency Act and
the rules and
regulations promulgated | 8 | | thereunder.
| 9 | | (Source: P.A. 96-219, eff. 8-10-09.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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