Full Text of HB3695 096th General Assembly
HB3695 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3695
Introduced 2/25/2009, by Rep. Ron Stephens SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Controlled Substances Act. Eliminates the State drug classification Schedules. Provides that the controlled scheduled substances are those listed by the authorized federal agency. Provides that any federally scheduled substance may be scheduled higher by administrative rule. Makes technical changes. Effective July 1, 2009.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB3695 |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Controlled Substances Act is | 5 |
| amended by changing Sections 102, 201, 202, 205, 207, 209, 211, | 6 |
| 214, 301, 302, 303, 303.05, 303.1, 304, 305, 306, 309, 312, | 7 |
| 313, 318, 405, 405.1, 410, 501, 501.1, 505, and 507 as follows: | 8 |
| (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 9 |
| Sec. 102. Definitions. As used in this Act, unless the | 10 |
| context
otherwise requires:
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| (a) "Addict" means any person who habitually uses any drug, | 12 |
| chemical,
substance or dangerous drug other than alcohol so as | 13 |
| to endanger the public
morals, health, safety or welfare or who | 14 |
| is so far addicted to the use of a
dangerous drug or controlled | 15 |
| substance other than alcohol as to have lost
the power of self | 16 |
| control with reference to his or her addiction.
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| (b) "Administer" means the direct application of a | 18 |
| controlled
substance, whether by injection, inhalation, | 19 |
| ingestion, or any other
means, to the body of a patient, | 20 |
| research subject, or animal (as
defined by the Humane | 21 |
| Euthanasia in Animal Shelters Act) by:
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| (1) a practitioner (or, in his or her presence, by his | 23 |
| or her authorized agent),
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| (2) the patient or research subject at the lawful | 2 |
| direction of the
practitioner, or
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| (3) a euthanasia technician as defined by the Humane | 4 |
| Euthanasia in
Animal Shelters Act.
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| (c) "Agent" means an authorized person who acts on behalf | 6 |
| of or at
the direction of a manufacturer, distributor, or | 7 |
| dispenser. It does not
include a common or contract carrier, | 8 |
| public warehouseman or employee of
the carrier or warehouseman.
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| (c-1) "Anabolic Steroids" means any drug or hormonal | 10 |
| substance,
chemically and pharmacologically related to | 11 |
| testosterone (other than
estrogens, progestins, and | 12 |
| corticosteroids) that promotes muscle growth . ,
and includes:
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| (i) boldenone,
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| (ii) chlorotestosterone,
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| (iii) chostebol,
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| (iv) dehydrochlormethyltestosterone,
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| (v) dihydrotestosterone,
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| (vi) drostanolone,
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| (vii) ethylestrenol,
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| (viii) fluoxymesterone,
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| (ix) formebulone,
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| (x) mesterolone,
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| (xi) methandienone,
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| (xii) methandranone,
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| (xiii) methandriol,
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| (xiv) methandrostenolone,
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| (xv) methenolone,
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| (xvi) methyltestosterone,
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| (xvii) mibolerone,
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| (xviii) nandrolone,
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| (xix) norethandrolone,
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| (xx) oxandrolone,
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| (xxi) oxymesterone,
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| (xxii) oxymetholone,
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| (xxiii) stanolone,
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| (xxiv) stanozolol,
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| (xxv) testolactone,
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| (xxvi) testosterone,
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| (xxvii) trenbolone, and
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| (xxviii) any salt, ester, or isomer of a drug or | 15 |
| substance described
or listed in this paragraph, if | 16 |
| that salt, ester, or isomer promotes muscle
growth.
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| Any person who is otherwise lawfully in possession of an | 18 |
| anabolic
steroid, or who otherwise lawfully manufactures, | 19 |
| distributes, dispenses,
delivers, or possesses with intent to | 20 |
| deliver an anabolic steroid, which
anabolic steroid is | 21 |
| expressly intended for and lawfully allowed to be
administered | 22 |
| through implants to livestock or other nonhuman species, and
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| which is approved by the Secretary of Health and Human Services | 24 |
| for such
administration, and which the person intends to | 25 |
| administer or have
administered through such implants, shall | 26 |
| not be considered to be in
unauthorized possession or to |
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| unlawfully manufacture, distribute, dispense,
deliver, or | 2 |
| possess with intent to deliver such anabolic steroid for
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| purposes of this Act.
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| (d) "Administration" means the Drug Enforcement | 5 |
| Administration,
United States Department of Justice, or its | 6 |
| successor agency.
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| (e) "Control" means to add a drug or other substance, or | 8 |
| immediate
precursor, to a Schedule under Article II of this Act | 9 |
| whether by
transfer from another Schedule or otherwise.
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| (f) "Controlled Substance" means a drug, substance, or | 11 |
| immediate
precursor in the Schedules of Article II of this Act.
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| (g) "Counterfeit substance" means a controlled substance, | 13 |
| which, or
the container or labeling of which, without | 14 |
| authorization bears the
trademark, trade name, or other | 15 |
| identifying mark, imprint, number or
device, or any likeness | 16 |
| thereof, of a manufacturer, distributor, or
dispenser other | 17 |
| than the person who in fact manufactured, distributed,
or | 18 |
| dispensed the substance.
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| (h) "Deliver" or "delivery" means the actual, constructive | 20 |
| or
attempted transfer of possession of a controlled substance, | 21 |
| with or
without consideration, whether or not there is an | 22 |
| agency relationship.
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| (i) "Department" means the Illinois Department of Human | 24 |
| Services (as
successor to the Department of Alcoholism and | 25 |
| Substance Abuse) or its successor agency.
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| (j) "Department of State Police" means the Department of |
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| State
Police of the State of Illinois or its successor agency.
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| (k) "Department of Corrections" means the Department of | 3 |
| Corrections
of the State of Illinois or its successor agency.
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| (l) "Department of Financial and Professional Regulation" | 5 |
| means the Department
of Financial and Professional Regulation | 6 |
| of the State of Illinois or its successor agency.
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| (m) "Depressant" or "stimulant substance" means:
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| (1) a drug which contains any quantity of (i) | 9 |
| barbituric acid or
any of the salts of barbituric acid | 10 |
| which has been designated as habit
forming under section | 11 |
| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | 12 |
| U.S.C. 352 (d)); or
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| (2) a drug which contains any quantity of (i) | 14 |
| amphetamine or
methamphetamine and any of their optical | 15 |
| isomers; (ii) any salt of
amphetamine or methamphetamine or | 16 |
| any salt of an optical isomer of
amphetamine; or (iii) any | 17 |
| substance which the Department, after
investigation, has | 18 |
| found to be, and by rule designated as, habit forming
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| because of its depressant or stimulant effect on the | 20 |
| central nervous
system; or
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| (3) lysergic acid diethylamide; or
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| (4) any drug which contains any quantity of a substance | 23 |
| which the
Department, after investigation, has found to | 24 |
| have, and by rule
designated as having, a potential for | 25 |
| abuse because of its depressant or
stimulant effect on the | 26 |
| central nervous system or its hallucinogenic
effect.
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| (n) (Blank).
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| (o) "Director" means the Director of the Department of | 3 |
| State Police or
the Department of Professional Regulation or | 4 |
| his or her designated agents.
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| (p) "Dispense" means to deliver a controlled substance to | 6 |
| an
ultimate user or research subject by or pursuant to the | 7 |
| lawful order of
a prescriber, including the prescribing, | 8 |
| administering, packaging,
labeling, or compounding necessary | 9 |
| to prepare the substance for that
delivery.
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| (q) "Dispenser" means a practitioner who dispenses.
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| (r) "Distribute" means to deliver, other than by | 12 |
| administering or
dispensing, a controlled substance.
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| (s) "Distributor" means a person who distributes.
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| (t) "Drug" means (1) substances recognized as drugs in the | 15 |
| official
United States Pharmacopoeia, Official Homeopathic | 16 |
| Pharmacopoeia of the
United States, or official National | 17 |
| Formulary, or any supplement to any
of them; (2) substances | 18 |
| intended for use in diagnosis, cure, mitigation,
treatment, or | 19 |
| prevention of disease in man or animals; (3) substances
(other | 20 |
| than food) intended to affect the structure of any function of
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| the body of man or animals and (4) substances intended for use | 22 |
| as a
component of any article specified in clause (1), (2), or | 23 |
| (3) of this
subsection. It does not include devices or their | 24 |
| components, parts, or
accessories.
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| (t-1) "Drug Schedule" means the classification system | 26 |
| established by the federal Food and Drug Administration and the |
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| federal Drug Enforcement Administration. | 2 |
| (t-5) "Euthanasia agency" means
an entity certified by the | 3 |
| Department of Professional Regulation for the
purpose of animal | 4 |
| euthanasia that holds an animal control facility license or
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| animal
shelter license under the Animal Welfare Act. A | 6 |
| euthanasia agency is
authorized to purchase, store, possess, | 7 |
| and utilize Schedule II nonnarcotic and
Schedule III | 8 |
| nonnarcotic drugs for the sole purpose of animal euthanasia.
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| (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 10 |
| substances
(nonnarcotic controlled substances) that are used | 11 |
| by a euthanasia agency for
the purpose of animal euthanasia.
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| (u) "Good faith" means the prescribing or dispensing of a | 13 |
| controlled
substance by a practitioner in the regular course of | 14 |
| professional
treatment to or for any person who is under his or | 15 |
| her treatment for a
pathology or condition other than that | 16 |
| individual's physical or
psychological dependence upon or | 17 |
| addiction to a controlled substance,
except as provided herein: | 18 |
| and application of the term to a pharmacist
shall mean the | 19 |
| dispensing of a controlled substance pursuant to the
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| prescriber's order which in the professional judgment of the | 21 |
| pharmacist
is lawful. The pharmacist shall be guided by | 22 |
| accepted professional
standards including, but not limited to | 23 |
| the following, in making the
judgment:
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| (1) lack of consistency of doctor-patient | 25 |
| relationship,
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| (2) frequency of prescriptions for same drug by one |
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| prescriber for
large numbers of patients,
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| (3) quantities beyond those normally prescribed,
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| (4) unusual dosages,
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| (5) unusual geographic distances between patient, | 5 |
| pharmacist and
prescriber,
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| (6) consistent prescribing of habit-forming drugs.
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| (u-1) "Home infusion services" means services provided by a | 8 |
| pharmacy in
compounding solutions for direct administration to | 9 |
| a patient in a private
residence, long-term care facility, or | 10 |
| hospice setting by means of parenteral,
intravenous, | 11 |
| intramuscular, subcutaneous, or intraspinal infusion.
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| (v) "Immediate precursor" means a substance:
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| (1) which the Department has found to be and by rule | 14 |
| designated as
being a principal compound used, or produced | 15 |
| primarily for use, in the
manufacture of a controlled | 16 |
| substance;
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| (2) which is an immediate chemical intermediary used or | 18 |
| likely to
be used in the manufacture of such controlled | 19 |
| substance; and
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| (3) the control of which is necessary to prevent, | 21 |
| curtail or limit
the manufacture of such controlled | 22 |
| substance.
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| (w) "Instructional activities" means the acts of teaching, | 24 |
| educating
or instructing by practitioners using controlled | 25 |
| substances within
educational facilities approved by the State | 26 |
| Board of Education or
its successor agency.
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| (x) "Local authorities" means a duly organized State, | 2 |
| County or
Municipal peace unit or police force.
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| (y) "Look-alike substance" means a substance, other than a | 4 |
| controlled
substance which (1) by overall dosage unit | 5 |
| appearance, including shape,
color, size, markings or lack | 6 |
| thereof, taste, consistency, or any other
identifying physical | 7 |
| characteristic of the substance, would lead a reasonable
person | 8 |
| to believe that the substance is a controlled substance, or (2) | 9 |
| is
expressly or impliedly represented to be a controlled | 10 |
| substance or is
distributed under circumstances which would | 11 |
| lead a reasonable person to
believe that the substance is a | 12 |
| controlled substance. For the purpose of
determining whether | 13 |
| the representations made or the circumstances of the
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| distribution would lead a reasonable person to believe the | 15 |
| substance to be
a controlled substance under this clause (2) of | 16 |
| subsection (y), the court or
other authority may consider the | 17 |
| following factors in addition to any other
factor that may be | 18 |
| relevant:
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| (a) statements made by the owner or person in control | 20 |
| of the substance
concerning its nature, use or effect;
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| (b) statements made to the buyer or recipient that the | 22 |
| substance may
be resold for profit;
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| (c) whether the substance is packaged in a manner | 24 |
| normally used for the
illegal distribution of controlled | 25 |
| substances;
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| (d) whether the distribution or attempted distribution |
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| included an
exchange of or demand for money or other | 2 |
| property as consideration, and
whether the amount of the | 3 |
| consideration was substantially greater than the
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| reasonable retail market value of the substance.
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| Clause (1) of this subsection (y) shall not apply to a | 6 |
| noncontrolled
substance in its finished dosage form that was | 7 |
| initially introduced into
commerce prior to the initial | 8 |
| introduction into commerce of a controlled
substance in its | 9 |
| finished dosage form which it may substantially resemble.
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| Nothing in this subsection (y) prohibits the dispensing or | 11 |
| distributing
of noncontrolled substances by persons authorized | 12 |
| to dispense and
distribute controlled substances under this | 13 |
| Act, provided that such action
would be deemed to be carried | 14 |
| out in good faith under subsection (u) if the
substances | 15 |
| involved were controlled substances.
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| Nothing in this subsection (y) or in this Act prohibits the | 17 |
| manufacture,
preparation, propagation, compounding, | 18 |
| processing, packaging, advertising
or distribution of a drug or | 19 |
| drugs by any person registered pursuant to
Section 510 of the | 20 |
| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
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| (y-1) "Mail-order pharmacy" means a pharmacy that is | 22 |
| located in a state
of the United States, other than Illinois, | 23 |
| that delivers, dispenses or
distributes, through the United | 24 |
| States Postal Service or other common
carrier, to Illinois | 25 |
| residents, any substance which requires a prescription.
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| (z) "Manufacture" means the production, preparation, |
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| propagation,
compounding, conversion or processing of a | 2 |
| controlled substance other than methamphetamine, either
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| directly or indirectly, by extraction from substances of | 4 |
| natural origin,
or independently by means of chemical | 5 |
| synthesis, or by a combination of
extraction and chemical | 6 |
| synthesis, and includes any packaging or
repackaging of the | 7 |
| substance or labeling of its container, except that
this term | 8 |
| does not include:
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| (1) by an ultimate user, the preparation or compounding | 10 |
| of a
controlled substance for his or her own use; or
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| (2) by a practitioner, or his or her authorized agent | 12 |
| under his
supervision, the preparation, compounding, | 13 |
| packaging, or labeling of a
controlled substance:
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| (a) as an incident to his or her administering or | 15 |
| dispensing of a
controlled substance in the course of | 16 |
| his or her professional practice; or
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| (b) as an incident to lawful research, teaching or | 18 |
| chemical
analysis and not for sale.
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| (z-1) (Blank).
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| (aa) "Narcotic drug" means any of the following, whether | 21 |
| produced
directly or indirectly by extraction from substances | 22 |
| of natural origin,
or independently by means of chemical | 23 |
| synthesis, or by a combination of
extraction and chemical | 24 |
| synthesis:
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| (1) opium and opiate, and any salt, compound, | 26 |
| derivative, or
preparation of opium or opiate;
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| (2) any salt, compound, isomer, derivative, or | 2 |
| preparation thereof
which is chemically equivalent or | 3 |
| identical with any of the substances
referred to in clause | 4 |
| (1), but not including the isoquinoline alkaloids
of opium;
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| (3) opium poppy and poppy straw;
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| (4) coca leaves and any salts, compound, isomer, salt | 7 |
| of an isomer,
derivative, or preparation of coca leaves | 8 |
| including cocaine or ecgonine,
and any salt, compound, | 9 |
| isomer, derivative, or preparation thereof which is
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| chemically equivalent or identical with any of these | 11 |
| substances, but not
including decocainized coca leaves or | 12 |
| extractions of coca leaves which do
not contain cocaine or | 13 |
| ecgonine (for the purpose of this paragraph, the
term | 14 |
| "isomer" includes optical, positional and geometric | 15 |
| isomers).
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| (bb) "Nurse" means a registered nurse licensed under the
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| Nurse Practice Act.
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| (cc) (Blank).
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| (dd) "Opiate" means any substance having an addiction | 20 |
| forming or
addiction sustaining liability similar to morphine | 21 |
| or being capable of
conversion into a drug having addiction | 22 |
| forming or addiction sustaining
liability.
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| (ee) "Opium poppy" means the plant of the species Papaver
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| somniferum L., except its seeds.
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| (ff) "Parole and Pardon Board" means the Parole and Pardon | 26 |
| Board of
the State of Illinois or its successor agency.
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| (gg) "Person" means any individual, corporation, | 2 |
| mail-order pharmacy,
government or governmental subdivision or | 3 |
| agency, business trust, estate,
trust, partnership or | 4 |
| association, or any other entity.
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| (hh) "Pharmacist" means any person who holds a license or | 6 |
| certificate of
registration as a registered pharmacist, a local | 7 |
| registered pharmacist
or a registered assistant pharmacist | 8 |
| under the Pharmacy Practice Act.
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| (ii) "Pharmacy" means any store, ship or other place in | 10 |
| which
pharmacy is authorized to be practiced under the Pharmacy | 11 |
| Practice Act.
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| (jj) "Poppy straw" means all parts, except the seeds, of | 13 |
| the opium
poppy, after mowing.
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| (kk) "Practitioner" means a physician licensed to practice | 15 |
| medicine in all
its branches, dentist, optometrist, | 16 |
| podiatrist,
veterinarian, scientific investigator, pharmacist, | 17 |
| physician assistant,
advanced practice nurse,
licensed | 18 |
| practical
nurse, registered nurse, hospital, laboratory, or | 19 |
| pharmacy, or other
person licensed, registered, or otherwise | 20 |
| lawfully permitted by the
United States or this State to | 21 |
| distribute, dispense, conduct research
with respect to, | 22 |
| administer or use in teaching or chemical analysis, a
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| controlled substance in the course of professional practice or | 24 |
| research.
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| (ll) "Pre-printed prescription" means a written | 26 |
| prescription upon which
the designated drug has been indicated |
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| prior to the time of issuance and does not mean a written | 2 |
| prescription which is machine or computer generated | 3 |
| individually in the prescriber's office .
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| (mm) "Prescriber" means a physician licensed to practice | 5 |
| medicine in all
its branches, dentist, optometrist, podiatrist | 6 |
| or
veterinarian who issues a prescription, a physician | 7 |
| assistant who
issues a
prescription for a Schedule III, IV, or | 8 |
| V controlled substance
in accordance
with Section 303.05 and | 9 |
| the written guidelines required under Section 7.5
of the
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| Physician Assistant Practice Act of 1987, or an advanced | 11 |
| practice
nurse with prescriptive authority delegated under | 12 |
| Section 65-40 of the Nurse Practice Act and in accordance with | 13 |
| Section 303.05
and a written
collaborative agreement under | 14 |
| Section 65-35 of the Nurse Practice Act.
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| (nn) "Prescription" means a lawful written, facsimile, or | 16 |
| verbal order
of
a physician licensed to practice medicine in | 17 |
| all its branches,
dentist, podiatrist or veterinarian for any | 18 |
| controlled
substance, of an optometrist for a Schedule III, IV, | 19 |
| or V controlled substance in accordance with Section 15.1 of | 20 |
| the Illinois Optometric Practice Act of 1987, of a physician | 21 |
| assistant for a Schedule III, IV, or V
controlled substance
in | 22 |
| accordance with Section 303.05 and the written guidelines | 23 |
| required under
Section 7.5 of the
Physician Assistant Practice | 24 |
| Act of 1987, or of an advanced practice
nurse with prescriptive | 25 |
| authority delegated under Section 65-40 of the Nurse Practice | 26 |
| Act who issues a prescription for a Schedule III, IV, or V
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| controlled substance in accordance
with
Section 303.05 and a | 2 |
| written collaborative agreement under Section 65-35 of the | 3 |
| Nurse Practice Act.
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| (oo) "Production" or "produce" means manufacture, | 5 |
| planting,
cultivating, growing, or harvesting of a controlled | 6 |
| substance other than methamphetamine.
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| (pp) "Registrant" means every person who is required to | 8 |
| register
under Section 302 of this Act.
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| (qq) "Registry number" means the number assigned to each | 10 |
| person
authorized to handle controlled substances under the | 11 |
| laws of the United
States and of this State.
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| (rr) "Secretary" means the Secretary of the Department | 13 |
| Financial and Professional Regulation or the Department of | 14 |
| Human Services or his or her designated agents. | 15 |
| (ss) (rr) "State" includes the State of Illinois and any | 16 |
| state, district,
commonwealth, territory, insular possession | 17 |
| thereof, and any area
subject to the legal authority of the | 18 |
| United States of America.
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| (tt) (ss) "Ultimate user" means a person who lawfully | 20 |
| possesses a
controlled substance for his or her own use or for | 21 |
| the use of a member of his or her
household or for | 22 |
| administering to an animal owned by him or by a member
of his | 23 |
| or her household.
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| (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08; | 25 |
| 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff. | 26 |
| 8-21-08.)
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| (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
| 2 |
| Sec. 201. (a) The Department shall carry out the provisions | 3 |
| of
this Article. The Department or its successor agency
may add | 4 |
| substances
to a drug schedule which is higher than the federal | 5 |
| schedule by administrative rule or delete or reschedule all | 6 |
| controlled substances in the Schedules of
Sections 204, 206, | 7 |
| 208, 210 and 212 of this Act . In making a determination
| 8 |
| regarding the elevating addition,
deletion, or rescheduling of | 9 |
| a substance, the Department
shall consider
the following:
| 10 |
| (1) the actual or relative potential for abuse;
| 11 |
| (2) the scientific evidence of its pharmacological | 12 |
| effect, if known;
| 13 |
| (3) the state of current scientific knowledge | 14 |
| regarding the
substance;
| 15 |
| (4) the history and current pattern of abuse;
| 16 |
| (5) the scope, duration, and significance of abuse;
| 17 |
| (6) the risk to the public health;
| 18 |
| (7) the potential of the substance to produce | 19 |
| psychological or
physiological dependence;
| 20 |
| (8) whether the substance is an immediate precursor of | 21 |
| a substance
already controlled under this Article;
| 22 |
| (9) the immediate harmful effect in terms of | 23 |
| potentially fatal
dosage; and
| 24 |
| (10) the long-range effects in terms of permanent | 25 |
| health impairment.
|
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| (b) (Blank).
| 2 |
| (c) (Blank).
| 3 |
| (d) If any substance is scheduled, rescheduled, or
deleted | 4 |
| as a
controlled substance under Federal law and notice thereof | 5 |
| is given to
the Department, the Department shall
similarly | 6 |
| control the substance
under this Act after the expiration of 30 | 7 |
| days from publication in the
Federal Register of a final order | 8 |
| scheduling a substance as
a
controlled substance or | 9 |
| rescheduling or deleting a substance, unless
within that 30 day | 10 |
| period the Department initiates action to elevate the schedule | 11 |
| for a specific controlled substance objects, or
a party | 12 |
| adversely
affected files with the Department substantial | 13 |
| written objections
objecting to inclusion, rescheduling, or | 14 |
| deletion . In that case, the
Department shall publish the | 15 |
| reasons for that action objection or the substantial
written | 16 |
| objections and afford all interested parties an opportunity to
| 17 |
| be heard. At the conclusion of the hearing, the Department | 18 |
| shall
publish its decision, by means of a rule, which shall be | 19 |
| final unless
altered by statute. Upon publication of objections | 20 |
| by the Department, similar control
under this Act whether by | 21 |
| inclusion, rescheduling or deletion is stayed
until the | 22 |
| Department publishes its ruling.
| 23 |
| (e) (Blank). The Department shall by rule exclude any | 24 |
| non-narcotic
substances
from a schedule if such substance may, | 25 |
| under the Federal Food, Drug, and
Cosmetic Act, be lawfully | 26 |
| sold over the counter without a prescription.
|
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| (f) (Blank).
| 2 |
| (g) Authority to control under this section does not extend | 3 |
| to
distilled spirits, wine, malt beverages, or tobacco as those | 4 |
| terms are
defined or used in the Liquor Control Act and the | 5 |
| Tobacco Products Tax
Act.
| 6 |
| (h) Persons registered with the Drug Enforcement | 7 |
| Administration to manufacture or distribute controlled | 8 |
| substances shall maintain adequate security and provide | 9 |
| effective controls and procedures to guard against theft and | 10 |
| diversion, but shall not otherwise be required to meet the | 11 |
| physical security control requirements (such as cage or vault) | 12 |
| for Schedule V controlled substances containing | 13 |
| pseudoephedrine or Schedule II controlled substances | 14 |
| containing dextromethorphan.
| 15 |
| (Source: P.A. 94-800, eff. 1-1-07; 94-1087, eff. 1-19-07; | 16 |
| 95-331, eff. 8-21-07.)
| 17 |
| (720 ILCS 570/202) (from Ch. 56 1/2, par. 1202)
| 18 |
| Sec. 202.
| 19 |
| (a) The scheduled controlled substances shall be those | 20 |
| listed by the authorized federal agency. Any federally | 21 |
| scheduled substance may be scheduled higher by administrative | 22 |
| rule or to be listed in the schedules in
sections 204, 206, | 23 |
| 208, 210 and 212 are included by whatever official,
common, | 24 |
| usual, chemical, or trade name designated .
| 25 |
| (b) The Prescription Drug User Committee shall be formed in |
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| order to: | 2 |
| (1) provide a uniform approach to review the Illinois | 3 |
| Controlled Substances Act in order to determine if changes | 4 |
| should be recommended to the General Assembly. | 5 |
| (2) review current drug schedules in order to manage | 6 |
| changes to the Administrative Rules pertaining to the | 7 |
| utilization of this Act. | 8 |
| (c) The User Committee will consist of: | 9 |
| (1) A representative from the Illinois Department of | 10 |
| Human Services, Bureau of Pharmacy and Clinical Support | 11 |
| Services or its successor. | 12 |
| (2) A representative from the Illinois Department of | 13 |
| Human Services, Division of Alcoholism and Substance Abuse | 14 |
| or its successor. | 15 |
| (3) A representative from the Illinois Department of | 16 |
| Financial and Professional Regulations or its successor. | 17 |
| (4) A representative from the Illinois Department of | 18 |
| Public Health. | 19 |
| (d) The Secretary of the Department of Human Services shall | 20 |
| designate the chair person of the User Committee. | 21 |
| (e) The User Committee shall meet on the first Monday on or | 22 |
| after April 1st and October 1st. Reasonable travel expenses | 23 |
| shall be paid from the Prescription Monitoring Program budget | 24 |
| line. | 25 |
| (Source: P.A. 77-757.)
|
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| (720 ILCS 570/205) (from Ch. 56 1/2, par. 1205)
| 2 |
| Sec. 205.
The Department shall issue a rule scheduling a | 3 |
| substance
in Schedule II if
it finds that:
| 4 |
| (1) the substance has high potential for abuse;
| 5 |
| (2) the substance has currently accepted medical use in | 6 |
| treatment in the
United States, or currently accepted medical | 7 |
| use with severe restrictions;
and
| 8 |
| (3) the abuse of the substance may lead to severe | 9 |
| psychological or
physiological dependence ; and .
| 10 |
| (4) the federal scheduling agency should have assigned a | 11 |
| specific drug with a more restricted schedule. | 12 |
| (Source: P.A. 83-969.)
| 13 |
| (720 ILCS 570/207) (from Ch. 56 1/2, par. 1207)
| 14 |
| Sec. 207.
The Department shall issue a rule scheduling a | 15 |
| substance
in Schedule III
if it finds that:
| 16 |
| (1) the substance has a potential for abuse less than the | 17 |
| substances
listed in Schedule I and II;
| 18 |
| (2) the substance has currently accepted medical use in | 19 |
| treatment in the
United States; and
| 20 |
| (3) abuse of the substance may lead to moderate or low | 21 |
| physiological
dependence or high psychological dependence ; and | 22 |
| .
| 23 |
| (4) the federal scheduling agency should have assigned a | 24 |
| specific drug with a more restricted schedule. | 25 |
| (Source: P.A. 83-969.)
|
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| (720 ILCS 570/209) (from Ch. 56 1/2, par. 1209)
| 2 |
| Sec. 209.
The Department shall issue a rule scheduling a | 3 |
| substance
in Schedule IV if
it finds that:
| 4 |
| (1) the substance has a low potential for abuse relative to | 5 |
| substances
in Schedule III;
| 6 |
| (2) the substance has currently accepted medical use in | 7 |
| treatment in the
United States; and
| 8 |
| (3) abuse of the substance may lead to limited | 9 |
| physiological dependence
or psychological dependence relative | 10 |
| to the substances in Schedule III ; and .
| 11 |
| (4) the federal scheduling agency should have assigned a | 12 |
| specific drug with a more restricted schedule. | 13 |
| (Source: P.A. 83-969.)
| 14 |
| (720 ILCS 570/211) (from Ch. 56 1/2, par. 1211)
| 15 |
| Sec. 211. The Department shall issue a rule scheduling a | 16 |
| substance
in Schedule V if
it finds that:
| 17 |
| (1) the substance has low potential for abuse relative to | 18 |
| the controlled
substances listed in Schedule IV;
| 19 |
| (2) the substance has currently accepted medical use in | 20 |
| treatment in the
United States; and
| 21 |
| (3) abuse of the substance may lead to limited | 22 |
| physiological dependence
or psychological dependence relative | 23 |
| to the substances in Schedule IV, or the substance is a | 24 |
| targeted methamphetamine precursor as defined in the |
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| Methamphetamine Precursor Control Act ; and .
| 2 |
| (4) the federal scheduling agency should have assigned a | 3 |
| specific drug with a more restricted schedule. | 4 |
| (Source: P.A. 94-694, eff. 1-15-06.)
| 5 |
| (720 ILCS 570/214) (from Ch. 56 1/2, par. 1214)
| 6 |
| Sec. 214. Excluded Substances.
| 7 |
| (a) Products containing an anabolic steroid, that are | 8 |
| expressly intended
for administration
through implants to | 9 |
| cattle or other nonhuman species and that have been
approved by | 10 |
| the U.S.
Secretary of Health and Human Services for that | 11 |
| administration, and that are
excluded
from all schedules
under | 12 |
| Section 102(41)(B)(1) of the federal Controlled Substances Act | 13 |
| (21 U.S.C.
802(41)(B)(1)) are also excluded from Sections 207 | 14 |
| and 208 of this Act.
| 15 |
| (b) The non-narcotic substances excluded from all | 16 |
| schedules of
the Federal Controlled Substances Act (21 U.S.C. | 17 |
| 801 et seq.)
pursuant to Section 1308.22 of the Code of Federal
| 18 |
| Regulations (21 C.F.R. 1308.22), are excluded from all | 19 |
| schedules of this
Act.
| 20 |
| (Source: P.A. 91-714, eff. 6-2-00.)
| 21 |
| (720 ILCS 570/301) (from Ch. 56 1/2, par. 1301)
| 22 |
| Sec. 301. The Department of Financial and Professional | 23 |
| Regulation shall promulgate
rules and charge reasonable fees | 24 |
| and fines relating to the registration and
control of the |
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| manufacture, distribution, and dispensing of controlled
| 2 |
| substances within this State. All moneys received by the | 3 |
| Department of Financial and
Professional Regulation under this | 4 |
| Act shall be deposited into the respective
professional | 5 |
| dedicated funds in like manner as the primary professional
| 6 |
| licenses. | 7 |
| A pharmacy, manufacturer of controlled substances, or | 8 |
| wholesale distributor of controlled substances that is | 9 |
| regulated under this Act and owned and operated by the State is | 10 |
| exempt from fees required under this Act. Pharmacists and | 11 |
| pharmacy technicians working in facilities owned and operated | 12 |
| by the State are not exempt from the payment of fees required | 13 |
| by this Act and any rules adopted under this Act. Nothing in | 14 |
| this Section shall be construed to prohibit the Department from | 15 |
| imposing any fine or other penalty allowed under this Act.
| 16 |
| (Source: P.A. 95-689, eff. 10-29-07.)
| 17 |
| (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
| 18 |
| Sec. 302. (a) Every person who manufactures, distributes, | 19 |
| or dispenses
any controlled substances, or engages in chemical | 20 |
| analysis, and
instructional activities which utilize | 21 |
| controlled substances,
or who purchases, stores, or | 22 |
| administers euthanasia drugs, within this
State or who proposes | 23 |
| to engage in the
manufacture, distribution, or dispensing of | 24 |
| any controlled substance, or to
engage in chemical analysis, | 25 |
| and instructional activities
which utilize controlled |
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| substances, or to engage in purchasing, storing, or
| 2 |
| administering euthanasia drugs, within this State, must obtain | 3 |
| a
registration issued by the Department of Financial and | 4 |
| Professional Regulation in
accordance with its rules. The rules | 5 |
| shall
include, but not be limited to, setting the expiration | 6 |
| date and renewal
period for each registration under this Act. | 7 |
| The Department,
and any facility or service licensed by the | 8 |
| Department, shall be exempt
from the regulation requirements of | 9 |
| this Section.
| 10 |
| (b) Persons registered by the Department of Financial and | 11 |
| Professional Regulation
under this Act to manufacture, | 12 |
| distribute, or dispense controlled
substances, or purchase, | 13 |
| store, or administer euthanasia drugs, may
possess, | 14 |
| manufacture, distribute, or dispense those
substances, or | 15 |
| purchase, store, or administer euthanasia drugs, to the
extent | 16 |
| authorized by their registration and in conformity
with the | 17 |
| other provisions of this Article.
| 18 |
| (c) The following persons need not register and may | 19 |
| lawfully possess
controlled substances under this Act:
| 20 |
| (1) an agent or employee of any registered | 21 |
| manufacturer, distributor, or
dispenser of any controlled | 22 |
| substance if he or she is acting in the usual course
of his | 23 |
| or her employer's lawful business or employment;
| 24 |
| (2) a common or contract carrier or warehouseman, or an | 25 |
| agent or
employee thereof, whose possession of any | 26 |
| controlled substance is in the
usual lawful course of such |
|
|
|
HB3695 |
- 25 - |
LRB096 04213 RLC 21759 b |
|
| 1 |
| business or employment;
| 2 |
| (3) an ultimate user or a person in possession of any | 3 |
| controlled
substance pursuant to a lawful prescription of a | 4 |
| practitioner or in lawful
possession of a Schedule V | 5 |
| substance;
| 6 |
| (4) officers and employees of this State or of the | 7 |
| United States while
acting in the lawful course of their | 8 |
| official duties which requires
possession of controlled | 9 |
| substances;
| 10 |
| (5) a registered pharmacist who is employed in, or the | 11 |
| owner of, a
pharmacy licensed under this Act and the | 12 |
| Federal Controlled Substances Act,
at the licensed | 13 |
| location, or if he or she is acting in the usual course of | 14 |
| his or her
lawful profession, business, or employment.
| 15 |
| (d) A separate registration is required at each place of
| 16 |
| business or professional practice where the applicant | 17 |
| manufactures,
distributes, or dispenses controlled substances, | 18 |
| or purchases, stores, or
administers euthanasia drugs.
Persons | 19 |
| are required to obtain a separate registration for each
place | 20 |
| of business or professional practice where controlled
| 21 |
| substances are located or stored. A separate registration is
| 22 |
| not required for every location at which a controlled substance
| 23 |
| may be prescribed.
| 24 |
| (e) The Department of Financial and Professional | 25 |
| Regulation or the Department of
State Police may inspect the | 26 |
| controlled premises, as defined in Section
502 of this Act, of |
|
|
|
HB3695 |
- 26 - |
LRB096 04213 RLC 21759 b |
|
| 1 |
| a registrant or applicant for registration in
accordance with | 2 |
| this Act and the rules promulgated hereunder and with regard
to | 3 |
| persons licensed by the Department, in accordance with | 4 |
| subsection (bb)
of Section 30-5
of the Alcoholism and Other | 5 |
| Drug Abuse and Dependency Act and
the rules and
regulations | 6 |
| promulgated thereunder.
| 7 |
| (Source: P.A. 93-626, eff. 12-23-03.)
| 8 |
| (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
| 9 |
| Sec. 303. (a) The Department of Financial and Professional | 10 |
| Regulation shall license an
applicant to manufacture, | 11 |
| distribute or dispense controlled substances
included in | 12 |
| Section 202 Sections 204, 206, 208, 210 and 212 of this Act or | 13 |
| purchase,
store, or administer euthanasia drugs unless it
| 14 |
| determines that the issuance of that license would be
| 15 |
| inconsistent
with the public interest. In determining the | 16 |
| public interest, the
Department of Financial and Professional | 17 |
| Regulation shall consider the following:
| 18 |
| (1) maintenance of effective controls against | 19 |
| diversion of controlled
substances into other than lawful | 20 |
| medical, scientific, or industrial
channels;
| 21 |
| (2) compliance with applicable Federal, State and | 22 |
| local law;
| 23 |
| (3) any convictions of the applicant under any law of | 24 |
| the United States
or of any State relating to any | 25 |
| controlled substance;
|
|
|
|
HB3695 |
- 27 - |
LRB096 04213 RLC 21759 b |
|
| 1 |
| (4) past experience in the manufacture or distribution | 2 |
| of controlled
substances, and the existence in the | 3 |
| applicant's establishment of effective
controls against | 4 |
| diversion;
| 5 |
| (5) furnishing by the applicant of false or fraudulent | 6 |
| material in any
application filed under this Act;
| 7 |
| (6) suspension or revocation of the applicant's | 8 |
| Federal
registration to
manufacture, distribute, or | 9 |
| dispense controlled substances, or purchase,
store, or | 10 |
| administer euthanasia drugs, as authorized by
Federal law;
| 11 |
| (7) whether the applicant is suitably equipped with the | 12 |
| facilities
appropriate to carry on the operation described | 13 |
| in his or her application;
| 14 |
| (8) whether the applicant is of good moral character | 15 |
| or, if the
applicant is a partnership, association, | 16 |
| corporation or other organization,
whether the partners, | 17 |
| directors, governing committee and managing officers
are | 18 |
| of good moral character;
| 19 |
| (9) any other factors relevant to and consistent with | 20 |
| the public health
and safety; and
| 21 |
| (10) evidence from court, medical disciplinary and | 22 |
| pharmacy
board records and those of State and Federal | 23 |
| investigatory bodies that the
applicant has not or does not | 24 |
| prescribe controlled substances within the
provisions of | 25 |
| this Act.
| 26 |
| (b) No license shall be granted to or renewed for any
|
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| person who
has within 5 years been convicted of a wilful | 2 |
| violation of any law of the
United States or any law of any | 3 |
| State relating to controlled substances, or
who is found to be | 4 |
| deficient in any of the matters enumerated in
subsections | 5 |
| (a)(1) through (a)(8).
| 6 |
| (c) Licensure under subsection (a) does not entitle a
| 7 |
| registrant to
manufacture, distribute or dispense controlled | 8 |
| substances in Schedules I or
II other than those specified in | 9 |
| the registration.
| 10 |
| (d) Practitioners who are licensed to dispense any
| 11 |
| controlled
substances in Schedules II through V are authorized | 12 |
| to
conduct instructional activities with controlled substances
| 13 |
| in Schedules II through V under the law of this State.
| 14 |
| (e) If an applicant for registration is registered under | 15 |
| the Federal law
to manufacture, distribute or dispense | 16 |
| controlled substances, or purchase,
store, or administer | 17 |
| euthanasia drugs, upon filing a
completed application for | 18 |
| licensure in this State and
payment of all
fees due hereunder, | 19 |
| he or she shall be licensed in this State to
the same extent
as | 20 |
| his or her Federal registration, unless, within 30 days after | 21 |
| completing his or her
application in this State, the Department | 22 |
| of Financial and Professional Regulation
notifies the | 23 |
| applicant that his or her application has not been granted. A
| 24 |
| practitioner who is in compliance with the Federal law with | 25 |
| respect to
registration to dispense controlled substances in | 26 |
| Schedules II through V
need only send a current copy of that |
|
|
|
HB3695 |
- 29 - |
LRB096 04213 RLC 21759 b |
|
| 1 |
| Federal registration to the
Department of Financial and | 2 |
| Professional Regulation and he or she shall be deemed in
| 3 |
| compliance with the registration provisions of this State.
| 4 |
| (e-5) Beginning July 1, 2003, all of the fees and fines | 5 |
| collected under
this Section 303 shall be deposited into the | 6 |
| Illinois State Pharmacy
Disciplinary Fund.
| 7 |
| (f) The fee for registration as a manufacturer or wholesale | 8 |
| distributor
of controlled substances shall be $50.00 per year, | 9 |
| except that the fee for
registration as a manufacturer or | 10 |
| wholesale distributor of controlled
substances that may be | 11 |
| dispensed without a prescription under this Act
shall be $15.00 | 12 |
| per year. The expiration date and renewal period for
each | 13 |
| controlled substance license issued
under this Act shall be set | 14 |
| by rule.
| 15 |
| (Source: P.A. 93-32, eff. 7-1-03; 93-626, eff. 12-23-03.)
| 16 |
| (720 ILCS 570/303.05)
| 17 |
| Sec. 303.05. Mid-level practitioner registration.
| 18 |
| (a) The Department of Financial and Professional | 19 |
| Regulation shall register licensed
physician assistants and | 20 |
| licensed advanced practice nurses to prescribe and
dispense | 21 |
| Schedule
III, IV, or V controlled substances under Section 303 | 22 |
| and euthanasia
agencies to purchase, store, or administer | 23 |
| euthanasia drugs under the
following circumstances:
| 24 |
| (1) with respect to physician assistants or advanced | 25 |
| practice nurses,
|
|
|
|
HB3695 |
- 30 - |
LRB096 04213 RLC 21759 b |
|
| 1 |
| (A) the physician assistant or advanced practice | 2 |
| nurse has been
delegated
prescriptive authority by a | 3 |
| physician licensed to practice medicine in all its
| 4 |
| branches in accordance with Section 7.5 of the | 5 |
| Physician Assistant Practice Act
of 1987 or Section | 6 |
| 65-40 of the Nurse Practice Act;
and
| 7 |
| (B) the physician assistant or advanced practice | 8 |
| nurse has
completed the
appropriate application forms | 9 |
| and has paid the required fees as set by rule;
or
| 10 |
| (2) with respect to euthanasia agencies, the | 11 |
| euthanasia agency has
obtained a license from the | 12 |
| Department of
Professional Regulation and obtained a | 13 |
| registration number from the
Department.
| 14 |
| (b) The mid-level practitioner shall only be licensed to | 15 |
| prescribe those
schedules of controlled substances for which a | 16 |
| licensed physician has delegated
prescriptive authority, | 17 |
| except that a euthanasia agency does not have any
prescriptive | 18 |
| authority.
| 19 |
| (c) Upon completion of all registration requirements, | 20 |
| physician
assistants, advanced practice nurses, and euthanasia | 21 |
| agencies shall be issued a
mid-level practitioner
controlled | 22 |
| substances license for Illinois.
| 23 |
| (Source: P.A. 95-639, eff. 10-5-07.)
| 24 |
| (720 ILCS 570/303.1) (from Ch. 56 1/2, par. 1303.1)
| 25 |
| Sec. 303.1.
Any person who delivers a check or other |
|
|
|
HB3695 |
- 31 - |
LRB096 04213 RLC 21759 b |
|
| 1 |
| payment to the
Department of Financial and Professional | 2 |
| Regulation that is returned to the Department of Financial and | 3 |
| Professional Regulation
unpaid by the financial institution | 4 |
| upon which it is drawn shall pay to the
Department of Financial | 5 |
| and Professional Regulation ,
in addition to the amount already | 6 |
| owed to the Department of Financial and Professional | 7 |
| Regulation , a fine of $50. If
the check or other payment was | 8 |
| for a renewal or issuance fee and that person
practices without
| 9 |
| paying the renewal fee or issuance fee and the fine due, an | 10 |
| additional fine
of $100 shall be imposed. The fines imposed by | 11 |
| this Section are in addition
to any other discipline provided | 12 |
| under this Act for unlicensed
practice or practice on a | 13 |
| nonrenewed license. The Department
of Financial and | 14 |
| Professional Regulation shall notify the person that payment of | 15 |
| fees
and fines shall be paid to the Department of Financial and | 16 |
| Professional Regulation
by certified check or money order | 17 |
| within 30 calendar days of the
notification. If, after the | 18 |
| expiration of 30 days from the date of the
notification, the | 19 |
| person has failed to submit the necessary remittance, the
| 20 |
| Department of Financial and Professional Regulation shall | 21 |
| automatically terminate the
license or certificate or deny
the | 22 |
| application, without hearing. If, after termination or denial, | 23 |
| the
person seeks a license or certificate, he or she shall | 24 |
| apply to the
Department of Financial and Professional | 25 |
| Regulation for restoration or issuance of the license or | 26 |
| certificate and
pay all fees and fines due to the Department of |
|
|
|
HB3695 |
- 32 - |
LRB096 04213 RLC 21759 b |
|
| 1 |
| Financial and Professional Regulation . The Department of | 2 |
| Financial and Professional
Regulation may establish
a fee for | 3 |
| the processing of an application for restoration of a license | 4 |
| or
certificate to pay all expenses of processing this | 5 |
| application. The Secretary of Financial and Professional | 6 |
| Regulation Director
may waive the fines due under this Section | 7 |
| in individual cases where the
Secretary of Financial and | 8 |
| Professional Regulation Director finds that the fines would be | 9 |
| unreasonable or unnecessarily
burdensome.
| 10 |
| (Source: P.A. 89-507, eff. 7-1-97.)
| 11 |
| (720 ILCS 570/304) (from Ch. 56 1/2, par. 1304) | 12 |
| Sec. 304. (a) A registration under Section 303 to | 13 |
| manufacture,
distribute, or dispense a controlled substance or | 14 |
| purchase, store, or
administer euthanasia drugs may be | 15 |
| suspended or
revoked by the Department of Financial and | 16 |
| Professional Regulation upon a finding
that the registrant:
| 17 |
| (1) has furnished any false or fraudulent material | 18 |
| information in
any application filed under this Act; or
| 19 |
| (2) has been convicted of a felony under any law of the | 20 |
| United
States or any State relating to any controlled | 21 |
| substance; or
| 22 |
| (3) has had suspended or revoked his or her Federal | 23 |
| registration to
manufacture, distribute, or dispense | 24 |
| controlled substances or purchase,
store, or administer | 25 |
| euthanasia drugs; or
|
|
|
|
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| 1 |
| (4) has been convicted of bribery, perjury, or other | 2 |
| infamous crime
under the laws of the United States or of | 3 |
| any State; or
| 4 |
| (5) has violated any provision of this Act or any rules | 5 |
| promulgated
hereunder, or any provision of the | 6 |
| Methamphetamine Precursor Control Act or rules promulgated | 7 |
| thereunder, whether or not he or she has been convicted of | 8 |
| such violation;
or
| 9 |
| (6) has failed to provide effective controls against | 10 |
| the diversion
of controlled substances in other than | 11 |
| legitimate medical, scientific or
industrial channels.
| 12 |
| (b) The Department of Financial and Professional | 13 |
| Regulation may limit
revocation or suspension of a registration | 14 |
| to the particular controlled
substance with respect to which | 15 |
| grounds for revocation or suspension
exist.
| 16 |
| (c) The Department of Financial and Professional | 17 |
| Regulation shall promptly
notify the Administration, the | 18 |
| Department of Human Services and the Department of State
Police | 19 |
| or their successor agencies, of all orders denying,
suspending | 20 |
| or revoking registration, all forfeitures of controlled
| 21 |
| substances, and all final court dispositions, if any, of such | 22 |
| denials,
suspensions, revocations or forfeitures.
| 23 |
| (d) If Federal registration of any registrant is suspended, | 24 |
| revoked,
refused renewal or refused issuance, then the | 25 |
| Department of Financial and Professional
Regulation shall | 26 |
| issue a notice and conduct a hearing in accordance
with Section |
|
|
|
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LRB096 04213 RLC 21759 b |
|
| 1 |
| 305 of this Act.
| 2 |
| (Source: P.A. 93-626, eff. 12-23-03; 94-694, eff. 1-15-06.)
| 3 |
| (720 ILCS 570/305) (from Ch. 56 1/2, par. 1305)
| 4 |
| Sec. 305.
(a) Before denying, refusing renewal of, | 5 |
| suspending or revoking a
registration, the Department of | 6 |
| Financial and Professional Regulation shall serve upon
the | 7 |
| applicant or registrant, by registered mail at the address in | 8 |
| the
application or registration or by any other means | 9 |
| authorized under the
Civil Practice Law or Rules of the | 10 |
| Illinois Supreme Court for the service
of summons or subpoenas, | 11 |
| a notice of hearing to determine why registration
should not be | 12 |
| denied, refused renewal, suspended or revoked. The notice
shall | 13 |
| contain a statement of the basis therefor and shall call upon | 14 |
| the
applicant or registrant to appear before the Department of | 15 |
| Financial and Professional
Regulation at a reasonable time and | 16 |
| place. These proceedings shall be
conducted in accordance with | 17 |
| Sections 2105-5, 2105-15, 2105-100, 2105-105,
2105-110,
| 18 |
| 2105-115, 2105-120, 2105-125, 2105-175, and 2105-325
of the | 19 |
| Department of Financial and Professional Regulation Law (20 | 20 |
| ILCS 2105/2105-5,
2105/2105-15, 2105/2105-100, 2105/2105-105, | 21 |
| 2105/2105-110, 2105/2105-115,
2105/2105-120,
2105/2105-125, | 22 |
| 2105/2105-175, and 2105/2105-325),
without
regard to any | 23 |
| criminal prosecution or other proceeding. Except as
authorized | 24 |
| in subsection (c), proceedings to refuse renewal or
suspend or
| 25 |
| revoke registration shall not abate the existing registration, |
|
|
|
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| 1 |
| which shall
remain in effect until the Department of Financial | 2 |
| and Professional Regulation has
held the hearing called for in | 3 |
| the notice and found, with input from the
appropriate licensure | 4 |
| or disciplinary board, that the registration
shall no longer | 5 |
| remain in effect.
| 6 |
| (b) The Secretary of Financial and Professional Regulation | 7 |
| Director may appoint an attorney duly
licensed to practice law | 8 |
| in the State of Illinois to serve as the hearing
officer in any | 9 |
| action to deny, refuse to renew, suspend, or revoke, or take | 10 |
| any
other disciplinary action with regard to a registration. | 11 |
| The hearing officer
shall have full authority to conduct the | 12 |
| hearing. The hearing officer shall
report his or her findings | 13 |
| and recommendations to the appropriate licensure or
| 14 |
| disciplinary board within 30 days after receiving the record. | 15 |
| The
Disciplinary Board shall have 60 days from receipt of the | 16 |
| report to review the
report of the hearing officer and present | 17 |
| its findings of fact, conclusions
of law, and recommendations | 18 |
| to the Secretary of Financial and Professional Regulation | 19 |
| Director .
| 20 |
| (c) If the Department of Financial and Professional | 21 |
| Regulation finds that
there is
an imminent danger to the public | 22 |
| health or safety by the continued
manufacture, distribution or | 23 |
| dispensing of controlled substances by the
registrant, the | 24 |
| Department of Financial and Professional Regulation may, upon | 25 |
| the
issuance of a written ruling stating the reasons for such | 26 |
| finding and
without notice or hearing, suspend such registrant. |
|
|
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| 1 |
| The suspension shall
continue in effect for not more than 14 | 2 |
| days during which time the
registrant shall be given a hearing | 3 |
| on the issues involved in the
suspension. If after the hearing, | 4 |
| and after
input from the appropriate licensure or disciplinary | 5 |
| board,
the Department of Financial and Professional Regulation
| 6 |
| finds that the public health
or safety requires the suspension | 7 |
| to remain in effect it shall so remain
until the ruling is | 8 |
| terminated by its own terms or subsequent ruling or is
| 9 |
| dissolved by a circuit court upon determination that the
| 10 |
| suspension was wholly without basis in fact and law.
| 11 |
| (d) If, after a hearing as provided in subsection (a), the
| 12 |
| Department of Financial and
Professional Regulation
finds that | 13 |
| a registration should be refused
renewal, suspended or revoked, | 14 |
| a written ruling to that effect shall be
entered. The | 15 |
| Department of Financial and Professional Regulation's ruling | 16 |
| shall remain
in effect until the ruling is terminated by its | 17 |
| own terms or subsequent
ruling or is dissolved by a circuit | 18 |
| court upon a determination that the
refusal to renew suspension | 19 |
| or revocation was wholly without basis in fact and
law.
| 20 |
| (Source: P.A. 91-239, eff. 1-1-00.)
| 21 |
| (720 ILCS 570/306) (from Ch. 56 1/2, par. 1306)
| 22 |
| Sec. 306. Every practitioner and person who is required | 23 |
| under
this Act to be registered to manufacture, distribute or | 24 |
| dispense controlled
substances or purchase, store, or | 25 |
| administer euthanasia drugs under this
Act shall keep records |
|
|
|
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LRB096 04213 RLC 21759 b |
|
| 1 |
| and maintain inventories in
conformance with the recordkeeping | 2 |
| and inventory requirements of the laws
of the United States and | 3 |
| with any additional rules and forms issued by the
Department of | 4 |
| Financial and Professional Regulation.
| 5 |
| (Source: P.A. 93-626, eff. 12-23-03.)
| 6 |
| (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
| 7 |
| Sec. 309. On or after April 1, 2000, no person shall issue | 8 |
| a
prescription for a Schedule II
controlled substance, which is | 9 |
| a narcotic drug listed in Section 202 206 of
this Act ; or which | 10 |
| contains any quantity of amphetamine or
methamphetamine, their | 11 |
| salts, optical isomers or salts of optical
isomers; | 12 |
| phenmetrazine and its salts; gluthethimide; and pentazocine , | 13 |
| other than on a written
prescription; provided
that in the case | 14 |
| of an emergency, epidemic or a
sudden or unforeseen accident or | 15 |
| calamity, the prescriber may issue a
lawful oral prescription | 16 |
| where failure to
issue such a prescription might result in
loss | 17 |
| of life or intense suffering, but such oral prescription shall
| 18 |
| include a statement by the prescriber concerning the accident
| 19 |
| or calamity, or circumstances constituting the emergency, the | 20 |
| cause for
which an oral prescription was used. Within
7 days | 21 |
| after issuing an
emergency prescription, the prescriber shall | 22 |
| cause a written prescription for
the emergency quantity | 23 |
| prescribed to be delivered to
the dispensing pharmacist. The | 24 |
| prescription shall have written on its face
"Authorization for | 25 |
| Emergency Dispensing", and the date of the emergency
|
|
|
|
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LRB096 04213 RLC 21759 b |
|
| 1 |
| prescription. The written prescription
may be delivered to the | 2 |
| pharmacist in person, or by mail, but if delivered
by mail it | 3 |
| must be postmarked within the 7-day period. Upon
receipt, the
| 4 |
| dispensing pharmacist shall attach this prescription to the | 5 |
| emergency oral
prescription earlier received and
reduced to | 6 |
| writing. The dispensing pharmacist shall notify the Department | 7 |
| of Financial and Professional Regulation
Human Services if the | 8 |
| prescriber
fails to deliver the authorization for emergency | 9 |
| dispensing on the
prescription to him or her . Failure of the | 10 |
| dispensing pharmacist to do so
shall void the authority | 11 |
| conferred by this paragraph to dispense without a
written | 12 |
| prescription of a
prescriber. All prescriptions issued for | 13 |
| Schedule II controlled substances
shall include both a written | 14 |
| and numerical notation of quantity on the face
of the | 15 |
| prescription. No prescription for a Schedule II controlled | 16 |
| substance
may
be refilled. The Department shall provide, at no | 17 |
| cost, audit reviews and necessary information to the Department | 18 |
| of Financial and Professional Regulation in conjunction with | 19 |
| ongoing investigations being conducted in whole or part by the | 20 |
| Department of Financial and Professional Regulation.
| 21 |
| (Source: P.A. 95-689, eff. 10-29-07.)
| 22 |
| (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
| 23 |
| Sec. 312. Requirements for dispensing controlled | 24 |
| substances.
| 25 |
| (a) A practitioner, in good faith, may dispense a Schedule
|
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| II controlled substance, which is a narcotic drug listed in | 2 |
| Section 202 206
of this Act , ; or which contains any quantity | 3 |
| of amphetamine or
methamphetamine, their salts, optical | 4 |
| isomers or salts of optical
isomers; phenmetrazine and its | 5 |
| salts; or pentazocine; and Schedule III, IV, or V controlled | 6 |
| substances
to any person upon
a written prescription of any | 7 |
| prescriber, dated and signed
by the
person prescribing on the | 8 |
| day when issued and bearing the name and
address of the patient | 9 |
| for whom, or the owner of the animal for which
the controlled | 10 |
| substance is dispensed, and the full name, address and
registry | 11 |
| number under the laws of the United States relating to
| 12 |
| controlled substances of the prescriber, if he or she is
| 13 |
| required by
those laws to be registered. If the prescription is | 14 |
| for an animal it
shall state the species of animal for which it | 15 |
| is ordered. The
practitioner filling the prescription shall , | 16 |
| unless otherwise allowed, write the date of filling
and his or | 17 |
| her own signature on the face of the written prescription.
The | 18 |
| written prescription shall be
retained on file by the | 19 |
| practitioner who filled it or pharmacy in which
the | 20 |
| prescription was filled for a period of 2 years, so as to be | 21 |
| readily
accessible for inspection or removal by any officer or | 22 |
| employee engaged
in the enforcement of this Act. Whenever the | 23 |
| practitioner's or
pharmacy's copy of any prescription is | 24 |
| removed by an officer or
employee engaged in the enforcement of | 25 |
| this Act, for the purpose of
investigation or as evidence, such | 26 |
| officer or employee shall give to the
practitioner or pharmacy |
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| a receipt in lieu thereof. A prescription
for a Schedule II | 2 |
| controlled substance shall not be filled more than 7 days
after | 3 |
| the date of issuance. If the specific prescription is machine | 4 |
| or computer generated at the prescriber's office, the date does | 5 |
| not need to be handwritten. A written prescription for Schedule | 6 |
| III, IV or
V controlled substances shall not be filled or | 7 |
| refilled more than 6 months
after the date thereof or refilled | 8 |
| more than 5 times unless renewed, in
writing, by the | 9 |
| prescriber.
| 10 |
| (b) In lieu of a written prescription required by this | 11 |
| Section, a
pharmacist, in good faith, may dispense Schedule | 12 |
| III, IV, or V
substances to any person either upon receiving a | 13 |
| facsimile of a written,
signed prescription transmitted by the | 14 |
| prescriber or the prescriber's agent
or upon a lawful oral | 15 |
| prescription of a
prescriber which oral prescription shall be | 16 |
| reduced
promptly to
writing by the pharmacist and such written | 17 |
| memorandum thereof shall be
dated on the day when such oral | 18 |
| prescription is received by the
pharmacist and shall bear the | 19 |
| full name and address of the ultimate user
for whom, or of the | 20 |
| owner of the animal for which the controlled
substance is | 21 |
| dispensed, and the full name, address, and registry number
| 22 |
| under the law of the United States relating to controlled | 23 |
| substances of
the prescriber prescribing if he or she is | 24 |
| required by those laws
to be so
registered, and the pharmacist | 25 |
| filling such oral prescription shall
write the date of filling | 26 |
| and his or her own signature on the face of such
written |
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| memorandum thereof. The facsimile copy of the prescription or
| 2 |
| written memorandum of the oral
prescription shall be retained | 3 |
| on file by the proprietor of the pharmacy
in which it is filled | 4 |
| for a period of not less than two years, so as to
be readily | 5 |
| accessible for inspection by any officer or employee engaged
in | 6 |
| the enforcement of this Act in the same manner as a written
| 7 |
| prescription. The facsimile copy of the prescription or oral | 8 |
| prescription
and the written memorandum thereof
shall not be | 9 |
| filled or refilled more than 6 months after the date
thereof or | 10 |
| be refilled more than 5 times, unless renewed, in writing, by
| 11 |
| the prescriber.
| 12 |
| (c) Except for any non-prescription targeted | 13 |
| methamphetamine precursor regulated by the Methamphetamine | 14 |
| Precursor Control Act, a
controlled substance included in | 15 |
| Schedule V shall not be
distributed or dispensed other than for | 16 |
| a medical purpose and not for
the purpose of evading this Act, | 17 |
| and then:
| 18 |
| (1) only personally by a person registered to dispense | 19 |
| a Schedule V
controlled substance and then only to his or | 20 |
| her patients, or
| 21 |
| (2) only personally by a pharmacist, and then only to a | 22 |
| person over
21 years of age who has identified himself or | 23 |
| herself to the pharmacist by means of
2 positive documents | 24 |
| of identification.
| 25 |
| (3) the dispenser shall record the name and address of | 26 |
| the
purchaser, the name and quantity of the product, the |
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| date and time of
the sale, and the dispenser's signature.
| 2 |
| (4) no person shall purchase or be dispensed more than | 3 |
| 120
milliliters or more than 120 grams of any Schedule V | 4 |
| substance which
contains codeine, dihydrocodeine, or any | 5 |
| salts thereof, or
ethylmorphine, or any salts thereof, in | 6 |
| any 96 hour period. The
purchaser shall sign a form, | 7 |
| approved by the Department of Financial and Professional
| 8 |
| Regulation, attesting that he or she has not purchased any | 9 |
| Schedule V
controlled substances within the immediately | 10 |
| preceding 96 hours.
| 11 |
| (5) (Blank). a copy of the records of sale, including | 12 |
| all information
required by paragraph (3), shall be | 13 |
| forwarded to the Department of
Professional Regulation at | 14 |
| its principal office by the 15th day of the following | 15 |
| month.
| 16 |
| (6) all records of purchases and sales shall be | 17 |
| maintained for not
less than 2 years.
| 18 |
| (7) no person shall obtain or attempt to obtain within | 19 |
| any
consecutive 96 hour period any Schedule V substances of | 20 |
| more than 120
milliliters or more than 120 grams containing | 21 |
| codeine, dihydrocodeine or
any of its salts, or | 22 |
| ethylmorphine or any of its salts. Any person
obtaining any | 23 |
| such preparations or combination of preparations in excess
| 24 |
| of this limitation shall be in unlawful possession of such | 25 |
| controlled
substance.
| 26 |
| (8) a person qualified to dispense controlled |
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| substances under this
Act and registered thereunder shall | 2 |
| at no time maintain or keep in stock
a quantity of Schedule | 3 |
| V controlled substances defined and listed in
Section 212 | 4 |
| (b) (1), (2) or (3) in excess of 4.5 liters for each
| 5 |
| substance; a pharmacy shall at no time maintain or keep in | 6 |
| stock a
quantity of Schedule V controlled substances as | 7 |
| defined in excess of 4.5
liters for each substance, plus | 8 |
| the additional quantity of controlled
substances necessary | 9 |
| to fill the largest number of prescription orders
filled by | 10 |
| that pharmacy for such controlled substances in any one | 11 |
| week
in the previous year. These limitations shall not | 12 |
| apply to Schedule V
controlled substances which Federal law | 13 |
| prohibits from being dispensed
without a prescription.
| 14 |
| (9) no person shall distribute or dispense butyl | 15 |
| nitrite for
inhalation or other introduction into the human | 16 |
| body for euphoric or
physical effect.
| 17 |
| (d) Every practitioner shall keep a record of controlled | 18 |
| substances
received by him and a record of all such controlled | 19 |
| substances
administered, dispensed or professionally used by | 20 |
| him or her otherwise than by
prescription. It shall, however, | 21 |
| be sufficient compliance with this
paragraph if any | 22 |
| practitioner utilizing controlled substances listed in
| 23 |
| Schedules III, IV and V shall keep a record of all those | 24 |
| substances
dispensed and distributed by him or her other than | 25 |
| those controlled substances
which are administered by the | 26 |
| direct application of a controlled
substance, whether by |
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| injection, inhalation, ingestion, or any other
means to the | 2 |
| body of a patient or research subject. A practitioner who
| 3 |
| dispenses, other than by administering, a controlled substance | 4 |
| in
Schedule II , which is a narcotic drug listed in Section 206 | 5 |
| of this Act,
or which contains any quantity of amphetamine or | 6 |
| methamphetamine, their
salts, optical isomers or salts of | 7 |
| optical isomers, pentazocine, or
methaqualone shall do so only | 8 |
| upon
the issuance of a written prescription blank by a
| 9 |
| prescriber.
| 10 |
| (e) Whenever a manufacturer distributes a controlled | 11 |
| substance in a
package prepared by him or her , and whenever a | 12 |
| wholesale distributor
distributes a controlled substance in a | 13 |
| package prepared by him or her or the
manufacturer, he or she | 14 |
| shall securely affix to each package in which that
substance is | 15 |
| contained a label showing in legible English the name and
| 16 |
| address of the manufacturer, the distributor and the quantity, | 17 |
| kind and
form of controlled substance contained therein. No | 18 |
| person except a
pharmacist and only for the purposes of filling | 19 |
| a prescription under
this Act, shall alter, deface or remove | 20 |
| any label so affixed.
| 21 |
| (f) Whenever a practitioner dispenses any controlled | 22 |
| substance except a non-prescription targeted methamphetamine | 23 |
| precursor regulated by the Methamphetamine Precursor Control | 24 |
| Act, he or she
shall affix to the container in which such | 25 |
| substance is sold or
dispensed, a label indicating the date of | 26 |
| initial filling, the practitioner's
name and address, the name
|
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| of the patient, the name of the prescriber,
the directions
for | 2 |
| use and cautionary statements, if any, contained in any | 3 |
| prescription
or required by law, the proprietary name or names | 4 |
| or the established name
of the controlled substance, and the | 5 |
| dosage and quantity, except as otherwise
authorized by | 6 |
| regulation by the Department of Financial and Professional | 7 |
| Regulation. No
person shall alter, deface or remove any label | 8 |
| so affixed as long as any of the specific medication remains in | 9 |
| the container .
| 10 |
| (g) A person to whom or for whose use any controlled | 11 |
| substance has
been prescribed or dispensed by a practitioner, | 12 |
| or other persons
authorized under this Act, and the owner of | 13 |
| any animal for which such
substance has been prescribed or | 14 |
| dispensed by a veterinarian, may
lawfully possess such | 15 |
| substance only in the container in which it was
delivered to | 16 |
| him or her by the person dispensing such substance.
| 17 |
| (h) The responsibility for the proper prescribing or | 18 |
| dispensing of
controlled substances that are under the | 19 |
| prescriber's direct control is upon the prescriber . The and the | 20 |
| responsibility for
the proper filling of a prescription for | 21 |
| controlled substance drugs
rests with the pharmacist. An order | 22 |
| purporting to be a prescription
issued to any individual, which | 23 |
| is not in the regular course of
professional treatment nor part | 24 |
| of an authorized methadone maintenance
program, nor in | 25 |
| legitimate and authorized research instituted by any
| 26 |
| accredited hospital, educational institution, charitable |
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| foundation, or
federal, state or local governmental agency, and | 2 |
| which is intended to
provide that individual with controlled | 3 |
| substances sufficient to
maintain that individual's or any | 4 |
| other individual's physical or
psychological addiction, | 5 |
| habitual or customary use, dependence, or
diversion of that | 6 |
| controlled substance is not a prescription within the
meaning | 7 |
| and intent of this Act; and the person issuing it, shall be
| 8 |
| subject to the penalties provided for violations of the law | 9 |
| relating to
controlled substances.
| 10 |
| (i) A prescriber shall not preprint or cause to be
| 11 |
| preprinted a
prescription for any controlled substance; nor | 12 |
| shall any practitioner
issue, fill or cause to be issued or | 13 |
| filled, a preprinted prescription
for any controlled | 14 |
| substance. In order to avoid handwriting errors a prescriber | 15 |
| may use a machine or computer type device to individually | 16 |
| generate a printed prescription or electronically transmit a | 17 |
| prescription to a dispenser of the patient's choice; however, | 18 |
| the prescriber is still required to affix his or her original | 19 |
| or approved, secure electronic signature to the prescription.
| 20 |
| (j) No person shall manufacture, dispense, deliver, | 21 |
| possess with
intent to deliver, prescribe, or administer or | 22 |
| cause to be administered
under his or her direction any | 23 |
| anabolic steroid, for any use in humans other than
the | 24 |
| treatment of disease in accordance with the order of a | 25 |
| physician licensed
to practice medicine in all its branches for | 26 |
| a
valid medical purpose in the course of professional practice. |
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| The use of
anabolic steroids for the purpose of hormonal | 2 |
| manipulation that is intended
to increase muscle mass, strength | 3 |
| or weight without a medical necessity to
do so, or for the | 4 |
| intended purpose of improving physical appearance or
| 5 |
| performance in any form of exercise, sport, or game, is not a | 6 |
| valid medical
purpose or in the course of professional | 7 |
| practice.
| 8 |
| (k) As allowed by the federal electronic signature statute | 9 |
| or administrative rule, a prescriber may establish with any | 10 |
| dispenser an approved, secure electronic signature, which | 11 |
| shall have the effect of an original signature for any | 12 |
| prescription. | 13 |
| (l) If an electronic signature authorization is | 14 |
| established between a prescriber and a dispenser, the | 15 |
| prescriber may electronically transmit a prescription on a | 16 |
| secure connection between the prescriber and the dispenser. | 17 |
| (m) An electronically presented prescription may only be | 18 |
| used with established patients. | 19 |
| (n) A prescriber's first-time patient may only use a | 20 |
| prescription prepared in the prescriber's office. | 21 |
| (o) In the case of a prescription for a Schedule II | 22 |
| medication which has an electronic signature of the prescriber, | 23 |
| the dispenser must confirm the prescription by means of | 24 |
| telephone or facsimile or other one-to-one contact with the | 25 |
| prescriber. The dispenser must note the name of the individual | 26 |
| contacted and the date and time on the prescription. |
|
|
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| 1 |
| (p) Failure to comply with the law regarding the electronic | 2 |
| signature or the electronically presented prescription shall | 3 |
| be considered a deceptive practice. | 4 |
| (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)
| 5 |
| (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
| 6 |
| Sec. 313. (a) Controlled substances which are lawfully | 7 |
| administered in
hospitals or institutions licensed under the | 8 |
| "Hospital Licensing Act" shall
be exempt from the requirements | 9 |
| of Sections 312 and 316 except
that the
prescription for the | 10 |
| controlled substance shall be in writing on the
patient's | 11 |
| record, signed by the prescriber, dated, and shall state the
| 12 |
| name, and quantity of controlled substances ordered and the | 13 |
| quantity
actually administered. The records of such | 14 |
| prescriptions shall be
maintained for two years and shall be | 15 |
| available for inspection by officers
and employees of the | 16 |
| Department of State Police, and the Department of Financial and
| 17 |
| Professional Regulation.
| 18 |
| (b) Controlled substances that can lawfully be | 19 |
| administered or dispensed
directly to a patient in a long-term | 20 |
| care facility licensed by the Department
of Public Health as a | 21 |
| skilled nursing facility, intermediate care facility, or
| 22 |
| long-term care facility for residents under 22 years of age, | 23 |
| are exempt from
the requirements of Section 312 except that a | 24 |
| prescription
for a
Schedule II controlled substance must be | 25 |
| either a written prescription signed
by the prescriber or a |
|
|
|
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LRB096 04213 RLC 21759 b |
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| 1 |
| written prescription transmitted by the prescriber or
| 2 |
| prescriber's agent to the dispensing pharmacy by facsimile. The
| 3 |
| facsimile serves as the original prescription and must be | 4 |
| maintained for 2
years from the date of issue in the same | 5 |
| manner as a written prescription
signed by the prescriber.
| 6 |
| (c) A prescription that is originated written for a | 7 |
| Schedule II controlled substance
to be compounded for direct | 8 |
| administration by parenteral, intravenous,
intramuscular, | 9 |
| subcutaneous, or intraspinal infusion to a patient in a private
| 10 |
| residence, long-term care facility, or hospice program
may be | 11 |
| transmitted by
facsimile by the prescriber or the prescriber's | 12 |
| agent to the pharmacy providing
the home infusion services. The | 13 |
| facsimile serves as the original written
prescription for | 14 |
| purposes of this paragraph (c) and it shall be maintained in
| 15 |
| the same manner as the original written prescription.
| 16 |
| (c-1) A prescription generated written for a Schedule II | 17 |
| controlled substance for a
patient residing in a hospice | 18 |
| certified by Medicare under Title XVIII of the
Social Security | 19 |
| Act or
licensed by the State may be transmitted by the | 20 |
| practitioner or the
practitioner's
agent to the dispensing | 21 |
| pharmacy by facsimile. The practitioner or
practitioner's
| 22 |
| agent must note on the prescription that the patient is a | 23 |
| hospice patient. The
facsimile serves as the original written | 24 |
| prescription for purposes of this
paragraph (c-1) and it shall | 25 |
| be maintained in the same manner as the original
written | 26 |
| prescription.
|
|
|
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LRB096 04213 RLC 21759 b |
|
| 1 |
| (d) Controlled substances which are lawfully administered
| 2 |
| and/or dispensed
in drug abuse treatment programs licensed by | 3 |
| the Department shall be exempt
from the requirements of | 4 |
| Sections 312 and 316, except that the
prescription
for such | 5 |
| controlled substances shall be issued and authenticated
on | 6 |
| official prescription logs prepared and supplied by the | 7 |
| Department.
The official prescription logs issued by the | 8 |
| Department shall be printed
in triplicate on distinctively | 9 |
| marked paper and furnished to programs at
reasonable cost. The | 10 |
| official prescription logs furnished to the programs
shall | 11 |
| contain, in preprinted form, such information as the Department | 12 |
| may
require. The official prescription logs shall be properly | 13 |
| endorsed by a
physician licensed to practice medicine in all | 14 |
| its branches issuing the
order, with his or her own signature | 15 |
| and the date of
ordering, and further endorsed by the | 16 |
| practitioner actually administering
or dispensing the dosage | 17 |
| at the time of such administering or dispensing in
accordance | 18 |
| with requirements issued by the Department. The duplicate copy
| 19 |
| shall be retained by the program for a period of not less than | 20 |
| three years
nor more than seven years; the original and | 21 |
| triplicate copy shall be
returned to the Department at its | 22 |
| principal office in accordance with
requirements set forth by | 23 |
| the Department.
| 24 |
| (Source: P.A. 95-442, eff. 1-1-08.)
| 25 |
| (720 ILCS 570/318)
|
|
|
|
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| 1 |
| Sec. 318. Confidentiality of information.
| 2 |
| (a) Information received by the central repository under | 3 |
| Section 316 and 321
is confidential.
| 4 |
| (b) The Department must carry out a program to protect the
| 5 |
| confidentiality of the information described in subsection | 6 |
| (a). The Department
may
disclose the information to another | 7 |
| person only under
subsection (c), (d), or (f) and may charge a | 8 |
| fee not to exceed the actual cost
of
furnishing the
| 9 |
| information.
| 10 |
| (c) The Department may disclose confidential information | 11 |
| described
in subsection (a) to any person who is engaged in | 12 |
| receiving, processing, or
storing the information.
| 13 |
| (d) The Department may release confidential information | 14 |
| described
in subsection (a) to the following persons:
| 15 |
| (1) A governing body
that licenses practitioners and is | 16 |
| engaged in an investigation, an
adjudication,
or a | 17 |
| prosecution of a violation under any State or federal law | 18 |
| that involves a
controlled substance.
| 19 |
| (2) An investigator for the Consumer Protection | 20 |
| Division of the office of
the Attorney General, a | 21 |
| prosecuting attorney, the Attorney General, a deputy
| 22 |
| Attorney General, or an investigator from the office of the | 23 |
| Attorney General,
who is engaged in any of the following | 24 |
| activities involving controlled
substances:
| 25 |
| (A) an investigation;
| 26 |
| (B) an adjudication; or
|
|
|
|
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|
| 1 |
| (C) a prosecution
of a violation under any State or | 2 |
| federal law that involves a controlled
substance.
| 3 |
| (3) A law enforcement officer who is:
| 4 |
| (A) authorized by the Department of State Police or | 5 |
| the office of a county sheriff or State's Attorney or
| 6 |
| municipal police department of Illinois to receive
| 7 |
| information
of the type requested for the purpose of | 8 |
| investigations involving controlled
substances; or
| 9 |
| (B) approved by the Department to receive | 10 |
| information of the
type requested for the purpose of | 11 |
| investigations involving controlled
substances; and
| 12 |
| (C) engaged in the investigation or prosecution of | 13 |
| a violation
under
any State or federal law that | 14 |
| involves a controlled substance.
| 15 |
| (e) Before the Department releases confidential | 16 |
| information under
subsection (d), the applicant must | 17 |
| demonstrate in writing to the Department that:
| 18 |
| (1) the applicant has reason to believe that a | 19 |
| violation under any
State or
federal law that involves a | 20 |
| controlled substance has occurred; and
| 21 |
| (2) the requested information is reasonably related to | 22 |
| the investigation,
adjudication, or prosecution of the | 23 |
| violation described in subdivision (1).
| 24 |
| (f) The Department may receive and release prescription | 25 |
| record information to:
| 26 |
| (1) a governing
body that licenses practitioners;
|
|
|
|
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LRB096 04213 RLC 21759 b |
|
| 1 |
| (2) an investigator for the Consumer Protection | 2 |
| Division of the office of
the Attorney General, a | 3 |
| prosecuting attorney, the Attorney General, a deputy
| 4 |
| Attorney General, or an investigator from the office of the | 5 |
| Attorney General;
| 6 |
| (3) any Illinois law enforcement officer who is:
| 7 |
| (A) authorized to receive the type of
information | 8 |
| released; and
| 9 |
| (B) approved by the Department to receive the type | 10 |
| of
information released; or
| 11 |
| (4) prescription monitoring entities in other states | 12 |
| per the provisions outlined in subsection (g) and (h) | 13 |
| below;
| 14 |
| confidential prescription record information collected under | 15 |
| Sections 316 and 321 that identifies vendors or
practitioners, | 16 |
| or both, who are prescribing or dispensing large quantities of
| 17 |
| Schedule II, III, IV, or V controlled
substances outside the | 18 |
| scope of their practice, pharmacy, or business, as determined | 19 |
| by the Advisory Committee created by Section 320.
| 20 |
| (g) The information described in subsection (f) may not be | 21 |
| released until it
has been reviewed by an employee of the | 22 |
| Department who is licensed as a
prescriber or a dispenser
and | 23 |
| until that employee has certified
that further investigation is | 24 |
| warranted. However, failure to comply with this
subsection (g) | 25 |
| does not invalidate the use of any evidence that is otherwise
| 26 |
| admissible in a proceeding described in subsection (h).
|
|
|
|
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LRB096 04213 RLC 21759 b |
|
| 1 |
| (h) An investigator or a law enforcement officer receiving | 2 |
| confidential
information under subsection (c), (d), or (f) may | 3 |
| disclose the information to a
law enforcement officer or an | 4 |
| attorney for the office of the Attorney General
for use as | 5 |
| evidence in the following:
| 6 |
| (1) A proceeding under any State or federal law that | 7 |
| involves a
controlled substance.
| 8 |
| (2) A criminal proceeding or a proceeding in juvenile | 9 |
| court that involves
a controlled substance.
| 10 |
| (i) The Department may compile statistical reports from the
| 11 |
| information described in subsection (a). The reports must not | 12 |
| include
information that identifies, by name, license or | 13 |
| address, any practitioner, dispenser, ultimate user, or other | 14 |
| person
administering a controlled substance.
| 15 |
| (j) Based upon federal, initial and maintenance funding, a | 16 |
| prescriber and dispenser inquiry system shall be developed to | 17 |
| assist the medical community in its goal of effective clinical | 18 |
| practice and to prevent patients from diverting or abusing | 19 |
| medications.
| 20 |
| (1) An inquirer shall have read-only access to a | 21 |
| stand-alone database which shall contain records for the | 22 |
| previous 6 months. | 23 |
| (2) Dispensers may, upon positive and secure | 24 |
| identification, make an inquiry on a patient or customer | 25 |
| solely for a medical purpose as delineated within the | 26 |
| federal HIPAA law. |
|
|
|
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LRB096 04213 RLC 21759 b |
|
| 1 |
| (3) The Department shall provide a one-to-one secure | 2 |
| link and encrypted software necessary to establish the link | 3 |
| between an inquirer and the Department. Technical | 4 |
| assistance shall also be provided. | 5 |
| (4) Written inquiries are acceptable but must include | 6 |
| the fee and the requestor's Drug Enforcement | 7 |
| Administration license number and submitted upon the | 8 |
| requestor's business stationary. | 9 |
| (5) No data shall be stored in the database beyond 24 | 10 |
| months. | 11 |
| (6) Tracking analysis shall be established and used per | 12 |
| administrative rule. | 13 |
| (7) Nothing in this Act or Illinois law shall be | 14 |
| construed to require a prescriber or dispenser to make use | 15 |
| of this inquiry system.
| 16 |
| (8) If there is an adverse outcome because of a | 17 |
| prescriber or dispenser making an inquiry, which is | 18 |
| initiated in good faith, the prescriber or dispenser shall | 19 |
| be held harmless from any civil liability.
| 20 |
| (k) Based upon federal and initial and maintenance funding, | 21 |
| unless appropriated or otherwise authorized by the General | 22 |
| Assembly, a restricted and secure inquiry system shall be | 23 |
| developed to assist the law enforcement community in its goal | 24 |
| to enforce federal and State law as well as local ordinances | 25 |
| related to prescription medications. Criteria for the inquiry | 26 |
| system shall follow the criteria provided in subsection (j) |
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| noted above with the addition that any person making an inquiry | 2 |
| must attest that said inquiry is strictly for the purpose of | 3 |
| conducting a probable cause investigation only. | 4 |
| (Source: P.A. 95-442, eff. 1-1-08.)
| 5 |
| (720 ILCS 570/405) (from Ch. 56 1/2, par. 1405)
| 6 |
| Sec. 405.
(a) Any person who engages in a calculated | 7 |
| criminal drug
conspiracy, as defined in subsection (b), is | 8 |
| guilty of a Class X felony.
The fine for violation of this | 9 |
| Section shall not be more than $500,000, and
the offender shall | 10 |
| be subject to the forfeitures prescribed in subsection
(c).
| 11 |
| (b) For purposes of this Section section , a person engages | 12 |
| in a calculated
criminal drug conspiracy when:
| 13 |
| (1) he or she violates any of the provisions of | 14 |
| subsection
(a) or (c) of
Section 401 or subsection (a) of | 15 |
| Section 402; and
| 16 |
| (2) such violation is a part of a conspiracy undertaken | 17 |
| or carried
on with two or more other persons; and
| 18 |
| (3) he or she obtains anything of value greater than | 19 |
| $500 from, or
organizes, directs or finances such violation | 20 |
| or conspiracy.
| 21 |
| (c) Any person who is convicted under this section of | 22 |
| engaging in a
calculated criminal drug conspiracy shall forfeit | 23 |
| to the State of
Illinois:
| 24 |
| (1) the receipts obtained by him or her in such | 25 |
| conspiracy; and
|
|
|
|
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LRB096 04213 RLC 21759 b |
|
| 1 |
| (2) any of his or her interests in, claims against, | 2 |
| receipts from, or
property or rights of any kind affording | 3 |
| a source of influence over,
such conspiracy.
| 4 |
| (d) The circuit court may enter such injunctions, | 5 |
| restraining
orders, directions or prohibitions, or to take such | 6 |
| other actions,
including the acceptance of satisfactory | 7 |
| performance bonds, in
connection with any property, claim, | 8 |
| receipt, right or other interest
subject to forfeiture under | 9 |
| this Section, as it deems proper.
| 10 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 11 |
| (720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1)
| 12 |
| Sec. 405.1. (a) Elements of the offense. A person commits | 13 |
| criminal
drug conspiracy when, with the intent that an offense | 14 |
| set forth in Section
401, Section 402, or Section 407 of this | 15 |
| Act
be committed, he or she agrees with another to the | 16 |
| commission of that offense. No
person may be convicted of | 17 |
| conspiracy to commit such an offense unless an
act in | 18 |
| furtherance of such agreement is alleged and proved to have | 19 |
| been
committed by him or her or by a co-conspirator.
| 20 |
| (b) Co-conspirators. It shall not be a defense to | 21 |
| conspiracy that the
person or persons with whom the accused is | 22 |
| alleged to have conspired:
| 23 |
| (1) Has not been prosecuted or convicted, or
| 24 |
| (2) Has been convicted of a different offense, or
| 25 |
| (3) Is not amenable to justice, or
|
|
|
|
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LRB096 04213 RLC 21759 b |
|
| 1 |
| (4) Has been acquitted, or
| 2 |
| (5) Lacked the capacity to commit an offense.
| 3 |
| (c) Sentence. A person convicted of criminal drug | 4 |
| conspiracy may be
fined or imprisoned or both, but any term of | 5 |
| imprisonment imposed shall be
not less than the minimum nor | 6 |
| more than the maximum
provided for the offense which is the | 7 |
| object of the conspiracy.
| 8 |
| (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98 .)
| 9 |
| (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| 10 |
| Sec. 410. (a) Whenever any person who has not previously | 11 |
| been convicted
of, or placed on probation or court supervision | 12 |
| for any offense under this
Act or any law of the United States | 13 |
| or of any State relating to cannabis
or controlled substances, | 14 |
| pleads guilty to or is found guilty of possession
of a | 15 |
| controlled or counterfeit substance under subsection (c) of | 16 |
| Section
402 or of unauthorized possession of prescription form | 17 |
| under Section 406.2, the court, without entering a judgment and | 18 |
| with the consent of such
person, may sentence him or her to | 19 |
| probation.
| 20 |
| (b) When a person is placed on probation, the court shall | 21 |
| enter an order
specifying a period of probation of 24 months | 22 |
| and shall defer further
proceedings in the case until the | 23 |
| conclusion of the period or until the
filing of a petition | 24 |
| alleging violation of a term or condition of probation.
| 25 |
| (c) The conditions of probation shall be that the person: |
|
|
|
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LRB096 04213 RLC 21759 b |
|
| 1 |
| (1) not
violate any criminal statute of any jurisdiction; (2) | 2 |
| refrain from
possessing a firearm or other dangerous weapon; | 3 |
| (3) submit to periodic drug
testing at a time and in a manner | 4 |
| as ordered by the court, but no less than 3
times during the | 5 |
| period of the probation, with the cost of the testing to be
| 6 |
| paid by the probationer; and (4) perform no less than 30 hours | 7 |
| of community
service, provided community service is available | 8 |
| in the jurisdiction and is
funded
and approved by the county | 9 |
| board.
| 10 |
| (d) The court may, in addition to other conditions, require | 11 |
| that the person:
| 12 |
| (1) make a report to and appear in person before or | 13 |
| participate with the
court or such courts, person, or | 14 |
| social service agency as directed by the
court in the order | 15 |
| of probation;
| 16 |
| (2) pay a fine and costs;
| 17 |
| (3) work or pursue a course of study or vocational
| 18 |
| training;
| 19 |
| (4) undergo medical or psychiatric treatment; or | 20 |
| treatment or
rehabilitation approved by the Illinois | 21 |
| Department of Human Services;
| 22 |
| (5) attend or reside in a facility established for the | 23 |
| instruction or
residence of defendants on probation;
| 24 |
| (6) support his or her dependents;
| 25 |
| (6-5) refrain from having in his or her body the | 26 |
| presence of any illicit
drug prohibited by the Cannabis |
|
|
|
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LRB096 04213 RLC 21759 b |
|
| 1 |
| Control Act, the Illinois Controlled
Substances Act, or the | 2 |
| Methamphetamine Control and Community Protection Act, | 3 |
| unless prescribed by a physician, and submit samples of
his | 4 |
| or her blood or urine or both for tests to determine the | 5 |
| presence of any
illicit drug;
| 6 |
| (7) and in addition, if a minor:
| 7 |
| (i) reside with his or her parents or in a foster | 8 |
| home;
| 9 |
| (ii) attend school;
| 10 |
| (iii) attend a non-residential program for youth;
| 11 |
| (iv) contribute to his or her own support at home | 12 |
| or in a foster home.
| 13 |
| (e) Upon violation of a term or condition of probation, the | 14 |
| court
may enter a judgment on its original finding of guilt and | 15 |
| proceed as
otherwise provided.
| 16 |
| (f) Upon fulfillment of the terms and conditions of | 17 |
| probation, the court
shall discharge the person and dismiss the | 18 |
| proceedings against him or her .
| 19 |
| (g) A disposition of probation is considered to be a | 20 |
| conviction
for the purposes of imposing the conditions of | 21 |
| probation and for appeal,
however, discharge and dismissal | 22 |
| under this Section is not a conviction for
purposes of this Act | 23 |
| or for purposes of disqualifications or disabilities
imposed by | 24 |
| law upon conviction of a crime.
| 25 |
| (h) There may be only one discharge and dismissal under | 26 |
| this Section,
Section 10 of the Cannabis Control Act, or |
|
|
|
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LRB096 04213 RLC 21759 b |
|
| 1 |
| Section 70 of the Methamphetamine Control and Community | 2 |
| Protection Act with respect to any person.
| 3 |
| (i) If a person is convicted of an offense under this Act, | 4 |
| the Cannabis
Control Act, or the Methamphetamine Control and | 5 |
| Community Protection Act within 5 years
subsequent to a | 6 |
| discharge and dismissal under this Section, the discharge and
| 7 |
| dismissal under this Section shall be admissible in the | 8 |
| sentencing proceeding
for that conviction
as evidence in | 9 |
| aggravation.
| 10 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-487, eff. 1-1-08.)
| 11 |
| (720 ILCS 570/501) (from Ch. 56 1/2, par. 1501)
| 12 |
| Sec. 501.
(a) It is hereby made the duty of the Department | 13 |
| of Financial and
Professional Regulation and the Department of | 14 |
| State Police, and their
agents, officers, and investigators, to | 15 |
| enforce all
provisions of this Act, except those specifically | 16 |
| delegated, and to cooperate
with all agencies charged with the | 17 |
| enforcement of the laws of the United
States, or of any State, | 18 |
| relating to controlled substances. Only an agent,
officer, or | 19 |
| investigator designated by the Director may: (1)
for the | 20 |
| purpose of inspecting, copying, and verifying the correctness | 21 |
| of
records, reports or other documents required to be kept or | 22 |
| made under this Act
and otherwise facilitating the execution of | 23 |
| the functions of the Department of Financial and
Professional | 24 |
| Regulation or the Department of State Police, be
authorized in | 25 |
| accordance with this Section to enter controlled premises
and |
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| to conduct administrative inspections thereof and of the things
| 2 |
| specified; or (2) execute and serve administrative inspection | 3 |
| notices,
warrants, subpoenas, and summonses under the | 4 |
| authority of this State.
Any inspection or administrative entry | 5 |
| of persons licensed by the
Department shall be made in | 6 |
| accordance with subsection (bb) of Section
30-5 of the | 7 |
| Alcoholism and Other Drug Abuse and
Dependency Act and the | 8 |
| rules and regulations promulgated thereunder.
| 9 |
| (b) Administrative entries and inspections designated in
| 10 |
| clause (1) of subsection (a) shall be carried out through | 11 |
| agents,
officers, investigators and peace officers | 12 |
| (hereinafter referred to as
"inspectors") designated by the | 13 |
| Director. Any inspector, upon stating
his or her purpose and | 14 |
| presenting to the owner, operator, or agent in
charge of the | 15 |
| premises (1) appropriate credentials and (2) a
written notice | 16 |
| of his or her inspection authority (which notice, in the
case | 17 |
| of an inspection requiring or in fact supported by an | 18 |
| administrative
inspection warrant, shall consist of that
| 19 |
| warrant), shall have the right to enter the premises and | 20 |
| conduct
the inspection at reasonable times.
| 21 |
| Inspectors appointed by the Director under this Section 501 | 22 |
| are
conservators of the peace and as such have all the powers | 23 |
| possessed by
policemen in cities and by sheriffs, except that | 24 |
| they may exercise such
powers anywhere in the State.
| 25 |
| (c) Except as may otherwise be indicated in an applicable | 26 |
| inspection
warrant, the inspector shall have the right:
|
|
|
|
HB3695 |
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LRB096 04213 RLC 21759 b |
|
| 1 |
| (1) to inspect and copy records, reports and other | 2 |
| documents
required to be kept or made under this Act;
| 3 |
| (2) to inspect, within reasonable limits and in a | 4 |
| reasonable
manner, controlled premises and all pertinent | 5 |
| equipment, finished and
unfinished drugs and other | 6 |
| substances or materials, containers and
labeling found | 7 |
| therein, and all other things therein (including
records, | 8 |
| files, papers, processes, controls and facilities) | 9 |
| appropriate
for verification of the records, reports and | 10 |
| documents referred to in
item (1) or otherwise bearing on | 11 |
| the provisions of this Act;
and
| 12 |
| (3) to inventory any stock of any controlled substance.
| 13 |
| (d) Except when the owner, operator, or agent in charge of | 14 |
| the
controlled premises so consents in writing, no inspection | 15 |
| authorized by
this Section shall extend to:
| 16 |
| (1) financial data;
| 17 |
| (2) sales data other than shipment data; or
| 18 |
| (3) pricing data.
| 19 |
| Any inspection or administrative entry of persons licensed | 20 |
| by the
Department shall be made in accordance with subsection | 21 |
| (bb) of Section
30-5 of the Alcoholism and Other Drug Abuse and
| 22 |
| Dependency Act and the rules and regulations
promulgated
| 23 |
| thereunder.
| 24 |
| (e) Any agent, officer, investigator or peace officer | 25 |
| designated by
the Director may (1) make seizure of
property | 26 |
| pursuant to the provisions of this Act; and (2) perform such
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| other law enforcement duties as the Director shall designate. | 2 |
| It is
hereby made the duty of all State's Attorneys to | 3 |
| prosecute violations of
this Act and institute legal | 4 |
| proceedings as authorized under this Act.
| 5 |
| (Source: P.A. 88-670, eff. 12-2-94; 89-202, eff. 10-1-95.)
| 6 |
| (720 ILCS 570/501.1) (from Ch. 56 1/2, par. 1501.1)
| 7 |
| Sec. 501.1. Administrative Procedure Act. The Illinois | 8 |
| Administrative
Procedure Act is hereby expressly adopted and | 9 |
| incorporated herein, but shall
apply only to the Department of | 10 |
| Financial and Professional Regulation, as if all of the
| 11 |
| provisions of that Act were included in this Act, except that | 12 |
| the provision of
subsection (d) of Section 10-65 of the | 13 |
| Illinois Administrative Procedure Act
which provides that at | 14 |
| hearings the licensee has the right to show compliance
with all | 15 |
| lawful requirements for retention, continuation or renewal of | 16 |
| the
license is specifically excluded. For the purposes of this | 17 |
| Act the notice
required under Section 10-25 of the Illinois | 18 |
| Administrative Procedure Act is
deemed sufficient when mailed | 19 |
| to the last known address of a party.
| 20 |
| (Source: P.A. 88-45.)
| 21 |
| (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
| 22 |
| Sec. 505. (a) The following are subject to forfeiture:
| 23 |
| (1) all substances which have been manufactured, | 24 |
| distributed,
dispensed, or possessed in violation of this |
|
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| Act;
| 2 |
| (2) all raw materials, products and equipment of any | 3 |
| kind which are
used, or intended for use in manufacturing, | 4 |
| distributing, dispensing,
administering or possessing any | 5 |
| substance in violation of this Act;
| 6 |
| (3) all conveyances, including aircraft, vehicles or | 7 |
| vessels, which are
used, or intended for use, to transport, | 8 |
| or in any manner to facilitate
the transportation, sale, | 9 |
| receipt, possession, or concealment of property
described | 10 |
| in paragraphs (1) and (2), but:
| 11 |
| (i) no conveyance used by any person as a common | 12 |
| carrier in the
transaction of business as a common | 13 |
| carrier is subject to forfeiture under
this Section | 14 |
| unless it appears that the owner or other person in | 15 |
| charge of
the conveyance is a consenting party or privy | 16 |
| to a violation of this Act;
| 17 |
| (ii) no conveyance is subject to forfeiture under | 18 |
| this Section by reason
of any act or omission which the | 19 |
| owner proves to have been committed or
omitted without | 20 |
| his or her knowledge or consent;
| 21 |
| (iii) a forfeiture of a conveyance encumbered by a | 22 |
| bona fide security
interest is subject to the interest | 23 |
| of the secured party if he or she neither had
knowledge | 24 |
| of nor consented to the act or omission;
| 25 |
| (4) all money, things of value, books, records, and | 26 |
| research
products and materials including formulas, |
|
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| microfilm, tapes, and data which
are used, or intended to | 2 |
| be used in violation of this Act;
| 3 |
| (5) everything of value furnished, or intended to be | 4 |
| furnished, in
exchange for a substance in violation of this | 5 |
| Act, all proceeds traceable
to such an exchange, and all | 6 |
| moneys, negotiable instruments, and securities
used, or | 7 |
| intended to be used, to commit or in any manner to | 8 |
| facilitate
any violation of this Act;
| 9 |
| (6) all real property, including any right, title, and | 10 |
| interest
(including, but not limited to, any leasehold | 11 |
| interest or the beneficial
interest in a land trust) in the | 12 |
| whole of any lot or tract of land and any
appurtenances or | 13 |
| improvements, which is used or intended to be used, in any
| 14 |
| manner or part, to commit, or in any manner to facilitate | 15 |
| the commission
of, any violation or act that constitutes a | 16 |
| violation of Section 401 or 405
of this Act or that is the | 17 |
| proceeds of any violation or act that
constitutes a | 18 |
| violation of Section 401 or 405 of this Act.
| 19 |
| (b) Property subject to forfeiture under this Act may be | 20 |
| seized by the
Director or any peace officer upon process or | 21 |
| seizure warrant issued by
any court having jurisdiction over | 22 |
| the property. Seizure by the Director
or any peace officer | 23 |
| without process may be made:
| 24 |
| (1) if the seizure is incident to inspection under an | 25 |
| administrative
inspection warrant;
| 26 |
| (2) if the property subject to seizure has been the |
|
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| subject of a prior
judgment in favor of the State in a | 2 |
| criminal proceeding, or in an injunction
or forfeiture | 3 |
| proceeding based upon this Act or the Drug Asset Forfeiture
| 4 |
| Procedure Act;
| 5 |
| (3) if there is probable cause to believe that the | 6 |
| property is directly
or indirectly dangerous to health or | 7 |
| safety;
| 8 |
| (4) if there is probable cause to believe that the | 9 |
| property is subject
to forfeiture under this Act and the | 10 |
| property is seized under
circumstances in which a | 11 |
| warrantless seizure or arrest would be reasonable; or
| 12 |
| (5) in accordance with the Code of Criminal Procedure | 13 |
| of 1963.
| 14 |
| (c) In the event of seizure pursuant to subsection (b), | 15 |
| forfeiture
proceedings shall be instituted in accordance with | 16 |
| the Drug
Asset Forfeiture Procedure Act.
| 17 |
| (d) Property taken or detained under this Section shall not | 18 |
| be subject
to replevin, but is deemed to be in the custody of | 19 |
| the Director subject
only to the order and judgments of the | 20 |
| circuit court having jurisdiction over
the forfeiture | 21 |
| proceedings and the decisions of the State's Attorney
under the | 22 |
| Drug Asset Forfeiture Procedure Act. When property is seized
| 23 |
| under this Act, the seizing agency shall promptly conduct an | 24 |
| inventory of
the seized property and estimate the property's | 25 |
| value, and shall forward a
copy of the inventory of seized | 26 |
| property and the estimate of the property's
value to the |
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| Director. Upon receiving notice of seizure, the Director may:
| 2 |
| (1) place the property under seal;
| 3 |
| (2) remove the property to a place designated by the | 4 |
| Director;
| 5 |
| (3) keep the property in the possession of the seizing | 6 |
| agency;
| 7 |
| (4) remove the property to a storage area for | 8 |
| safekeeping or, if the
property is a negotiable instrument | 9 |
| or money and is not needed for
evidentiary purposes, | 10 |
| deposit it in an interest bearing account;
| 11 |
| (5) place the property under constructive seizure by | 12 |
| posting notice of
pending forfeiture on it, by giving | 13 |
| notice of pending forfeiture to its
owners and interest | 14 |
| holders, or by filing notice of pending forfeiture in
any | 15 |
| appropriate public record relating to the property; or
| 16 |
| (6) provide for another agency or custodian, including | 17 |
| an owner, secured
party, or lienholder, to take custody of | 18 |
| the property upon the terms and
conditions set by the | 19 |
| Director.
| 20 |
| (e) If the Department of Financial and Professional | 21 |
| Regulation suspends or revokes
a registration, all controlled | 22 |
| substances owned or possessed by the
registrant at the time of | 23 |
| suspension or the effective date of the
revocation order may be | 24 |
| placed under seal. No disposition may be made of
substances | 25 |
| under seal until the time for taking an appeal has elapsed or
| 26 |
| until all appeals have been concluded unless a court, upon |
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| application
therefor, orders the sale of perishable substances | 2 |
| and the deposit of the
proceeds of the sale with the court. | 3 |
| Upon a revocation rule becoming final,
all substances may be | 4 |
| forfeited to the Department of Financial and Professional
| 5 |
| Regulation.
| 6 |
| (f) When property is forfeited under this Act the Director | 7 |
| shall
sell all such property unless such property is required | 8 |
| by law to be
destroyed or is harmful to the public, and shall | 9 |
| distribute the proceeds of
the sale, together with any moneys | 10 |
| forfeited or seized, in accordance
with subsection (g). | 11 |
| However, upon the application of the seizing agency or
| 12 |
| prosecutor who was responsible for the investigation, arrest or | 13 |
| arrests and
prosecution which lead to the forfeiture, the | 14 |
| Director may return any item
of forfeited property to the | 15 |
| seizing agency or prosecutor for official use
in the | 16 |
| enforcement of laws relating to cannabis or controlled | 17 |
| substances,
if the agency or prosecutor can demonstrate that | 18 |
| the item requested would
be useful to the agency or prosecutor | 19 |
| in their enforcement efforts. When any forfeited conveyance, | 20 |
| including an aircraft, vehicle, or vessel, is returned to the | 21 |
| seizing agency or prosecutor, the conveyance may be used | 22 |
| immediately in the enforcement of the criminal laws of this | 23 |
| State. Upon disposal, all proceeds from the sale of the | 24 |
| conveyance must be used for drug enforcement purposes. When
any | 25 |
| real property returned to the seizing agency is sold by the | 26 |
| agency or
its unit of government, the proceeds of the sale |
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| shall be delivered to the
Director and distributed in | 2 |
| accordance with subsection (g).
| 3 |
| (g) All monies and the sale proceeds of all other property | 4 |
| forfeited and
seized under this Act shall be distributed as | 5 |
| follows:
| 6 |
| (1) 65% shall be distributed to the metropolitan | 7 |
| enforcement group,
local, municipal, county, or state law | 8 |
| enforcement agency or agencies which
conducted or | 9 |
| participated in the investigation resulting in the | 10 |
| forfeiture.
The distribution shall bear a reasonable | 11 |
| relationship to the degree of
direct participation of the | 12 |
| law enforcement agency in the effort resulting
in the | 13 |
| forfeiture, taking into account the total value of the | 14 |
| property
forfeited and the total law enforcement effort | 15 |
| with respect to the
violation of the law upon which the | 16 |
| forfeiture is based.
Amounts distributed to the agency or | 17 |
| agencies shall be used for the
enforcement of laws | 18 |
| governing cannabis and controlled substances or for | 19 |
| security cameras used for the prevention or detection of | 20 |
| violence, except that
amounts distributed to the Secretary | 21 |
| of State shall be deposited into the
Secretary of State | 22 |
| Evidence Fund to be used as provided in Section 2-115 of | 23 |
| the
Illinois Vehicle Code.
| 24 |
| (2)(i) 12.5% shall be distributed to the Office of the | 25 |
| State's
Attorney of the county in which the prosecution | 26 |
| resulting in the forfeiture
was instituted, deposited in a |
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| special fund in the county treasury and
appropriated to the | 2 |
| State's Attorney for use in the enforcement of laws
| 3 |
| governing cannabis and controlled substances. In counties | 4 |
| over 3,000,000
population, 25% will be distributed to the | 5 |
| Office of the State's Attorney for
use in the
enforcement | 6 |
| of laws governing cannabis and controlled substances. If | 7 |
| the
prosecution is undertaken solely by the Attorney | 8 |
| General, the portion
provided hereunder shall be | 9 |
| distributed to the Attorney General for use in
the | 10 |
| enforcement of laws governing cannabis and controlled | 11 |
| substances.
| 12 |
| (ii) 12.5% shall be distributed to the Office of the | 13 |
| State's Attorneys
Appellate Prosecutor and deposited in | 14 |
| the Narcotics Profit Forfeiture Fund
of that office to be | 15 |
| used for additional expenses incurred in the
| 16 |
| investigation, prosecution and appeal of cases arising | 17 |
| under laws governing
cannabis and controlled substances. | 18 |
| The Office of the State's Attorneys
Appellate Prosecutor | 19 |
| shall not receive distribution from cases brought in
| 20 |
| counties with over 3,000,000 population.
| 21 |
| (3) 10% shall be retained by the Department of State | 22 |
| Police for expenses
related to the administration and sale | 23 |
| of seized and forfeited property.
| 24 |
| (h) Species of plants from which controlled substances in | 25 |
| Schedules I
and II may be derived which have been planted or | 26 |
| cultivated in violation of
this Act, or of which the owners or |
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| cultivators are unknown, or which are
wild growths, may be | 2 |
| seized and summarily forfeited to the State. The
failure, upon | 3 |
| demand by the Director or any peace officer, of the person in
| 4 |
| occupancy or in control of land or premises upon which the | 5 |
| species of
plants are growing or being stored, to produce | 6 |
| registration, or proof that
he or she is the holder thereof, | 7 |
| constitutes authority for the seizure and
forfeiture of the | 8 |
| plants.
| 9 |
| (Source: P.A. 94-1004, eff. 7-3-06.)
| 10 |
| (720 ILCS 570/507) (from Ch. 56 1/2, par. 1507)
| 11 |
| Sec. 507.
All rulings, final determinations, findings, and | 12 |
| conclusions of
the Department of State Police, the Department | 13 |
| of Financial and Professional Regulation, and
the Department of | 14 |
| Human Services of the State of Illinois under this Act are
| 15 |
| final and
conclusive decisions of the matters involved. Any | 16 |
| person aggrieved by the
decision may obtain review of the | 17 |
| decision pursuant to the provisions of
the Administrative | 18 |
| Review Law, as amended and the rules adopted pursuant
thereto. | 19 |
| Pending final decision on such review, the acts, orders
and | 20 |
| rulings of the Department shall remain in full force and effect | 21 |
| unless
modified or suspended by order of court pending final | 22 |
| judicial decision.
Pending final decision on such review, the | 23 |
| acts, orders, sanctions and rulings
of the Department of | 24 |
| Financial and Professional Regulation regarding any | 25 |
| registration
shall remain in full force and effect, unless |
|
|
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| stayed by order of court.
However, no stay of any decision of | 2 |
| the administrative agency shall issue
unless the person | 3 |
| aggrieved by the decision establishes by a preponderance
of the | 4 |
| evidence that good cause exists therefor. In determining good | 5 |
| cause,
the court shall find that the aggrieved party has | 6 |
| established a substantial
likelihood of prevailing on the | 7 |
| merits and that granting the stay will not
have an injurious | 8 |
| effect on the general public. Good cause shall not be
| 9 |
| established solely on the basis of hardships resulting from an | 10 |
| inability
to engage in the registered activity pending a final | 11 |
| judicial decision.
| 12 |
| (Source: P.A. 89-507, eff. 7-1-97.)
| 13 |
| (720 ILCS 570/204 rep.)
| 14 |
| (720 ILCS 570/206 rep.)
| 15 |
| (720 ILCS 570/208 rep.)
| 16 |
| (720 ILCS 570/210 rep.)
| 17 |
| (720 ILCS 570/212 rep.)
| 18 |
| (720 ILCS 570/213 rep.)
| 19 |
| (720 ILCS 570/216 rep.)
| 20 |
| (720 ILCS 570/217 rep.)
| 21 |
| Section 10. The Illinois Controlled Substances Act is | 22 |
| amended by repealing Sections 204, 206, 208, 210, 212, 213, | 23 |
| 216, and 217.
| 24 |
| Section 99. Effective date. This Act takes effect July 1, | 25 |
| 2009.
|
|
|
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 720 ILCS 570/102 |
from Ch. 56 1/2, par. 1102 |
| 4 |
| 720 ILCS 570/201 |
from Ch. 56 1/2, par. 1201 |
| 5 |
| 720 ILCS 570/202 |
from Ch. 56 1/2, par. 1202 |
| 6 |
| 720 ILCS 570/205 |
from Ch. 56 1/2, par. 1205 |
| 7 |
| 720 ILCS 570/207 |
from Ch. 56 1/2, par. 1207 |
| 8 |
| 720 ILCS 570/209 |
from Ch. 56 1/2, par. 1209 |
| 9 |
| 720 ILCS 570/211 |
from Ch. 56 1/2, par. 1211 |
| 10 |
| 720 ILCS 570/214 |
from Ch. 56 1/2, par. 1214 |
| 11 |
| 720 ILCS 570/301 |
from Ch. 56 1/2, par. 1301 |
| 12 |
| 720 ILCS 570/302 |
from Ch. 56 1/2, par. 1302 |
| 13 |
| 720 ILCS 570/303 |
from Ch. 56 1/2, par. 1303 |
| 14 |
| 720 ILCS 570/303.05 |
|
| 15 |
| 720 ILCS 570/303.1 |
from Ch. 56 1/2, par. 1303.1 |
| 16 |
| 720 ILCS 570/304 |
from Ch. 56 1/2, par. 1304 |
| 17 |
| 720 ILCS 570/305 |
from Ch. 56 1/2, par. 1305 |
| 18 |
| 720 ILCS 570/306 |
from Ch. 56 1/2, par. 1306 |
| 19 |
| 720 ILCS 570/309 |
from Ch. 56 1/2, par. 1309 |
| 20 |
| 720 ILCS 570/312 |
from Ch. 56 1/2, par. 1312 |
| 21 |
| 720 ILCS 570/313 |
from Ch. 56 1/2, par. 1313 |
| 22 |
| 720 ILCS 570/318 |
|
| 23 |
| 720 ILCS 570/405 |
from Ch. 56 1/2, par. 1405 |
| 24 |
| 720 ILCS 570/405.1 |
from Ch. 56 1/2, par. 1405.1 |
| 25 |
| 720 ILCS 570/410 |
from Ch. 56 1/2, par. 1410 |
|
|
|
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| 720 ILCS 570/501 |
from Ch. 56 1/2, par. 1501 |
| 2 |
| 720 ILCS 570/501.1 |
from Ch. 56 1/2, par. 1501.1 |
| 3 |
| 720 ILCS 570/505 |
from Ch. 56 1/2, par. 1505 |
| 4 |
| 720 ILCS 570/507 |
from Ch. 56 1/2, par. 1507 |
| 5 |
| 720 ILCS 570/204 rep. |
|
| 6 |
| 720 ILCS 570/206 rep. |
|
| 7 |
| 720 ILCS 570/208 rep. |
|
| 8 |
| 720 ILCS 570/210 rep. |
|
| 9 |
| 720 ILCS 570/212 rep. |
|
| 10 |
| 720 ILCS 570/213 rep. |
|
| 11 |
| 720 ILCS 570/216 rep. |
|
| 12 |
| 720 ILCS 570/217 rep. |
|
| |
|