Full Text of SB3697 97th General Assembly
SB3697eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Section 102 as follows: | 6 | | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 7 | | Sec. 102. Definitions. As used in this Act, unless the | 8 | | context
otherwise requires:
| 9 | | (a) "Addict" means any person who habitually uses any drug, | 10 | | chemical,
substance or dangerous drug other than alcohol so as | 11 | | to endanger the public
morals, health, safety or welfare or who | 12 | | is so far addicted to the use of a
dangerous drug or controlled | 13 | | substance other than alcohol as to have lost
the power of self | 14 | | control with reference to his or her addiction.
| 15 | | (b) "Administer" means the direct application of a | 16 | | controlled
substance, whether by injection, inhalation, | 17 | | ingestion, or any other
means, to the body of a patient, | 18 | | research subject, or animal (as
defined by the Humane | 19 | | Euthanasia in Animal Shelters Act) by:
| 20 | | (1) a practitioner (or, in his or her presence, by his | 21 | | or her authorized agent),
| 22 | | (2) the patient or research subject pursuant to an | 23 | | order, or
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| 1 | | (3) a euthanasia technician as defined by the Humane | 2 | | Euthanasia in
Animal Shelters Act.
| 3 | | (c) "Agent" means an authorized person who acts on behalf | 4 | | of or at
the direction of a manufacturer, distributor, | 5 | | dispenser, prescriber, or practitioner. It does not
include a | 6 | | common or contract carrier, public warehouseman or employee of
| 7 | | the carrier or warehouseman.
| 8 | | (c-1) "Anabolic Steroids" means any drug or hormonal | 9 | | substance,
chemically and pharmacologically related to | 10 | | testosterone (other than
estrogens, progestins, | 11 | | corticosteroids, and dehydroepiandrosterone),
and includes:
| 12 | | (i) 3[beta],17-dihydroxy-5a-androstane, | 13 | | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | 14 | | (iii) 5[alpha]-androstan-3,17-dione, | 15 | | (iv) 1-androstenediol (3[beta], | 16 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 17 | | (v) 1-androstenediol (3[alpha], | 18 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 19 | | (vi) 4-androstenediol | 20 | | (3[beta],17[beta]-dihydroxy-androst-4-ene), | 21 | | (vii) 5-androstenediol | 22 | | (3[beta],17[beta]-dihydroxy-androst-5-ene), | 23 | | (viii) 1-androstenedione | 24 | | ([5alpha]-androst-1-en-3,17-dione), | 25 | | (ix) 4-androstenedione | 26 | | (androst-4-en-3,17-dione), |
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| 1 | | (x) 5-androstenedione | 2 | | (androst-5-en-3,17-dione), | 3 | | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | 4 | | hydroxyandrost-4-en-3-one), | 5 | | (xii) boldenone (17[beta]-hydroxyandrost- | 6 | | 1,4,-diene-3-one), | 7 | | (xiii) boldione (androsta-1,4- | 8 | | diene-3,17-dione), | 9 | | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | 10 | | [beta]-hydroxyandrost-4-en-3-one), | 11 | | (xv) clostebol (4-chloro-17[beta]- | 12 | | hydroxyandrost-4-en-3-one), | 13 | | (xvi) dehydrochloromethyltestosterone (4-chloro- | 14 | | 17[beta]-hydroxy-17[alpha]-methyl- | 15 | | androst-1,4-dien-3-one), | 16 | | (xvii) desoxymethyltestosterone | 17 | | (17[alpha]-methyl-5[alpha] | 18 | | -androst-2-en-17[beta]-ol)(a.k.a., madol), | 19 | | (xviii) [delta]1-dihydrotestosterone (a.k.a. | 20 | | '1-testosterone') (17[beta]-hydroxy- | 21 | | 5[alpha]-androst-1-en-3-one), | 22 | | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | 23 | | androstan-3-one), | 24 | | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | 25 | | 5[alpha]-androstan-3-one), | 26 | | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- |
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| 1 | | hydroxyestr-4-ene), | 2 | | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | 3 | | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | 4 | | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | 5 | | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | 6 | | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | 7 | | hydroxyandrostano[2,3-c]-furazan), | 8 | | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | 9 | | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | 10 | | androst-4-en-3-one), | 11 | | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | 12 | | dihydroxy-estr-4-en-3-one), | 13 | | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | 14 | | hydroxy-5-androstan-3-one), | 15 | | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | 16 | | [5a]-androstan-3-one), | 17 | | (xxx) methandienone (17[alpha]-methyl-17[beta]- | 18 | | hydroxyandrost-1,4-dien-3-one), | 19 | | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | 20 | | dihydroxyandrost-5-ene), | 21 | | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | 22 | | 5[alpha]-androst-1-en-3-one), | 23 | | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | 24 | | dihydroxy-5a-androstane), | 25 | | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | 26 | | -5a-androstane), |
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| 1 | | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | 2 | | dihydroxyandrost-4-ene), | 3 | | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | 4 | | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | 5 | | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | 6 | | hydroxyestra-4,9(10)-dien-3-one), | 7 | | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | 8 | | hydroxyestra-4,9-11-trien-3-one), | 9 | | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | 10 | | hydroxyandrost-4-en-3-one), | 11 | | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | 12 | | hydroxyestr-4-en-3-one), | 13 | | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | 14 | | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | 15 | | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | 16 | | 1-testosterone'), | 17 | | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | 18 | | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | 19 | | dihydroxyestr-4-ene), | 20 | | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | 21 | | dihydroxyestr-4-ene), | 22 | | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | 23 | | dihydroxyestr-5-ene), | 24 | | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | 25 | | dihydroxyestr-5-ene), | 26 | | (xlvii) 19-nor-4,9(10)-androstadienedione |
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| 1 | | (estra-4,9(10)-diene-3,17-dione), | 2 | | (xlviii) 19-nor-4-androstenedione (estr-4- | 3 | | en-3,17-dione), | 4 | | (xlix) 19-nor-5-androstenedione (estr-5- | 5 | | en-3,17-dione), | 6 | | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | 7 | | hydroxygon-4-en-3-one), | 8 | | (li) norclostebol (4-chloro-17[beta]- | 9 | | hydroxyestr-4-en-3-one), | 10 | | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | 11 | | hydroxyestr-4-en-3-one), | 12 | | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | 13 | | hydroxyestr-4-en-3-one), | 14 | | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | 15 | | 2-oxa-5[alpha]-androstan-3-one), | 16 | | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | 17 | | dihydroxyandrost-4-en-3-one), | 18 | | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | 19 | | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | 20 | | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | 21 | | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | 22 | | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | 23 | | (5[alpha]-androst-1-en-3-one), | 24 | | (lix) testolactone (13-hydroxy-3-oxo-13,17- | 25 | | secoandrosta-1,4-dien-17- | 26 | | oic acid lactone), |
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| 1 | | (lx) testosterone (17[beta]-hydroxyandrost- | 2 | | 4-en-3-one), | 3 | | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | 4 | | diethyl-17[beta]-hydroxygon- | 5 | | 4,9,11-trien-3-one), | 6 | | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | 7 | | 11-trien-3-one).
| 8 | | Any person who is otherwise lawfully in possession of an | 9 | | anabolic
steroid, or who otherwise lawfully manufactures, | 10 | | distributes, dispenses,
delivers, or possesses with intent to | 11 | | deliver an anabolic steroid, which
anabolic steroid is | 12 | | expressly intended for and lawfully allowed to be
administered | 13 | | through implants to livestock or other nonhuman species, and
| 14 | | which is approved by the Secretary of Health and Human Services | 15 | | for such
administration, and which the person intends to | 16 | | administer or have
administered through such implants, shall | 17 | | not be considered to be in
unauthorized possession or to | 18 | | unlawfully manufacture, distribute, dispense,
deliver, or | 19 | | possess with intent to deliver such anabolic steroid for
| 20 | | purposes of this Act.
| 21 | | (d) "Administration" means the Drug Enforcement | 22 | | Administration,
United States Department of Justice, or its | 23 | | successor agency.
| 24 | | (d-5) "Clinical Director, Prescription Monitoring Program" | 25 | | means a Department of Human Services administrative employee | 26 | | licensed to either prescribe or dispense controlled substances |
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| 1 | | who shall run the clinical aspects of the Department of Human | 2 | | Services Prescription Monitoring Program and its Prescription | 3 | | Information Library. | 4 | | (d-10) "Compounding" means the preparation and mixing of | 5 | | components, excluding flavorings, (1) as the result of a | 6 | | prescriber's prescription drug order or initiative based on the | 7 | | prescriber-patient-pharmacist relationship in the course of | 8 | | professional practice or (2) for the purpose of, or incident | 9 | | to, research, teaching, or chemical analysis and not for sale | 10 | | or dispensing. "Compounding" includes the preparation of drugs | 11 | | or devices in anticipation of receiving prescription drug | 12 | | orders based on routine, regularly observed dispensing | 13 | | patterns. Commercially available products may be compounded | 14 | | for dispensing to individual patients only if both of the | 15 | | following conditions are met: (i) the commercial product is not | 16 | | reasonably available from normal distribution channels in a | 17 | | timely manner to meet the patient's needs and (ii) the | 18 | | prescribing practitioner has requested that the drug be | 19 | | compounded. | 20 | | (e) "Control" means to add a drug or other substance, or | 21 | | immediate
precursor, to a Schedule whether by
transfer from | 22 | | another Schedule or otherwise.
| 23 | | (f) "Controlled Substance" means (i) a drug, substance, or | 24 | | immediate
precursor in the Schedules of Article II of this Act | 25 | | or (ii) a drug or other substance, or immediate precursor, | 26 | | designated as a controlled substance by the Department through |
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| 1 | | administrative rule. The term does not include distilled | 2 | | spirits, wine, malt beverages, or tobacco, as those terms are
| 3 | | defined or used in the Liquor Control Act and the Tobacco | 4 | | Products Tax
Act.
| 5 | | (f-5) "Controlled substance analog" means a substance: | 6 | | (1) the chemical structure of which is substantially | 7 | | similar to the chemical structure of a controlled substance | 8 | | in Schedule I or II; | 9 | | (2) which has a stimulant, depressant, or | 10 | | hallucinogenic effect on the central nervous system that is | 11 | | substantially similar to or greater than the stimulant, | 12 | | depressant, or hallucinogenic effect on the central | 13 | | nervous system of a controlled substance in Schedule I or | 14 | | II; or | 15 | | (3) with respect to a particular person, which such | 16 | | person represents or intends to have a stimulant, | 17 | | depressant, or hallucinogenic effect on the central | 18 | | nervous system that is substantially similar to or greater | 19 | | than the stimulant, depressant, or hallucinogenic effect | 20 | | on the central nervous system of a controlled substance in | 21 | | Schedule I or II. | 22 | | (g) "Counterfeit substance" means a controlled substance, | 23 | | which, or
the container or labeling of which, without | 24 | | authorization bears the
trademark, trade name, or other | 25 | | identifying mark, imprint, number or
device, or any likeness | 26 | | thereof, of a manufacturer, distributor, or
dispenser other |
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| 1 | | than the person who in fact manufactured, distributed,
or | 2 | | dispensed the substance.
| 3 | | (h) "Deliver" or "delivery" means the actual, constructive | 4 | | or
attempted transfer of possession of a controlled substance, | 5 | | with or
without consideration, whether or not there is an | 6 | | agency relationship.
| 7 | | (i) "Department" means the Illinois Department of Human | 8 | | Services (as
successor to the Department of Alcoholism and | 9 | | Substance Abuse) or its successor agency.
| 10 | | (j) (Blank).
| 11 | | (k) "Department of Corrections" means the Department of | 12 | | Corrections
of the State of Illinois or its successor agency.
| 13 | | (l) "Department of Financial and Professional Regulation" | 14 | | means the Department
of Financial and Professional Regulation | 15 | | of the State of Illinois or its successor agency.
| 16 | | (m) "Depressant" means any drug that (i) causes an overall | 17 | | depression of central nervous system functions, (ii) causes | 18 | | impaired consciousness and awareness, and (iii) can be | 19 | | habit-forming or lead to a substance abuse problem, including | 20 | | but not limited to alcohol, cannabis and its active principles | 21 | | and their analogs, benzodiazepines and their analogs, | 22 | | barbiturates and their analogs, opioids (natural and | 23 | | synthetic) and their analogs, and chloral hydrate and similar | 24 | | sedative hypnotics.
| 25 | | (n) (Blank).
| 26 | | (o) "Director" means the Director of the Illinois State |
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| 1 | | Police or his or her designated agents.
| 2 | | (p) "Dispense" means to deliver a controlled substance to | 3 | | an
ultimate user or research subject by or pursuant to the | 4 | | lawful order of
a prescriber, including the prescribing, | 5 | | administering, packaging,
labeling, or compounding necessary | 6 | | to prepare the substance for that
delivery.
| 7 | | (q) "Dispenser" means a practitioner who dispenses.
| 8 | | (r) "Distribute" means to deliver, other than by | 9 | | administering or
dispensing, a controlled substance.
| 10 | | (s) "Distributor" means a person who distributes.
| 11 | | (t) "Drug" means (1) substances recognized as drugs in the | 12 | | official
United States Pharmacopoeia, Official Homeopathic | 13 | | Pharmacopoeia of the
United States, or official National | 14 | | Formulary, or any supplement to any
of them; (2) substances | 15 | | intended for use in diagnosis, cure, mitigation,
treatment, or | 16 | | prevention of disease in man or animals; (3) substances
(other | 17 | | than food) intended to affect the structure of any function of
| 18 | | the body of man or animals and (4) substances intended for use | 19 | | as a
component of any article specified in clause (1), (2), or | 20 | | (3) of this
subsection. It does not include devices or their | 21 | | components, parts, or
accessories.
| 22 | | (t-5) "Euthanasia agency" means
an entity certified by the | 23 | | Department of Financial and Professional Regulation for the
| 24 | | purpose of animal euthanasia that holds an animal control | 25 | | facility license or
animal
shelter license under the Animal | 26 | | Welfare Act. A euthanasia agency is
authorized to purchase, |
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| 1 | | store, possess, and utilize Schedule II nonnarcotic and
| 2 | | Schedule III nonnarcotic drugs for the sole purpose of animal | 3 | | euthanasia.
| 4 | | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 5 | | substances
(nonnarcotic controlled substances) that are used | 6 | | by a euthanasia agency for
the purpose of animal euthanasia.
| 7 | | (u) "Good faith" means the prescribing or dispensing of a | 8 | | controlled
substance by a practitioner in the regular course of | 9 | | professional
treatment to or for any person who is under his or | 10 | | her treatment for a
pathology or condition other than that | 11 | | individual's physical or
psychological dependence upon or | 12 | | addiction to a controlled substance,
except as provided herein: | 13 | | and application of the term to a pharmacist
shall mean the | 14 | | dispensing of a controlled substance pursuant to the
| 15 | | prescriber's order which in the professional judgment of the | 16 | | pharmacist
is lawful. The pharmacist shall be guided by | 17 | | accepted professional
standards including, but not limited to | 18 | | the following, in making the
judgment:
| 19 | | (1) lack of consistency of prescriber-patient | 20 | | relationship,
| 21 | | (2) frequency of prescriptions for same drug by one | 22 | | prescriber for
large numbers of patients,
| 23 | | (3) quantities beyond those normally prescribed,
| 24 | | (4) unusual dosages (recognizing that there may be | 25 | | clinical circumstances where more or less than the usual | 26 | | dose may be used legitimately),
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| 1 | | (5) unusual geographic distances between patient, | 2 | | pharmacist and
prescriber,
| 3 | | (6) consistent prescribing of habit-forming drugs.
| 4 | | (u-0.5) "Hallucinogen" means a drug that causes markedly | 5 | | altered sensory perception leading to hallucinations of any | 6 | | type. | 7 | | (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.
| 12 | | (u-5) "Illinois State Police" means the State
Police of the | 13 | | State of Illinois, or its successor agency. | 14 | | (v) "Immediate precursor" means a substance:
| 15 | | (1) which the Department has found to be and by rule | 16 | | designated as
being a principal compound used, or produced | 17 | | primarily for use, in the
manufacture of a controlled | 18 | | substance;
| 19 | | (2) which is an immediate chemical intermediary used or | 20 | | likely to
be used in the manufacture of such controlled | 21 | | substance; and
| 22 | | (3) the control of which is necessary to prevent, | 23 | | curtail or limit
the manufacture of such controlled | 24 | | substance.
| 25 | | (w) "Instructional activities" means the acts of teaching, | 26 | | educating
or instructing by practitioners using controlled |
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| 1 | | substances within
educational facilities approved by the State | 2 | | Board of Education or
its successor agency.
| 3 | | (x) "Local authorities" means a duly organized State, | 4 | | County or
Municipal peace unit or police force.
| 5 | | (y) "Look-alike substance" means a substance, other than a | 6 | | controlled
substance which (1) by overall dosage unit | 7 | | appearance, including shape,
color, size, markings or lack | 8 | | thereof, taste, consistency, or any other
identifying physical | 9 | | characteristic of the substance, would lead a reasonable
person | 10 | | to believe that the substance is a controlled substance, or (2) | 11 | | is
expressly or impliedly represented to be a controlled | 12 | | substance or is
distributed under circumstances which would | 13 | | lead a reasonable person to
believe that the substance is a | 14 | | controlled substance. For the purpose of
determining whether | 15 | | the representations made or the circumstances of the
| 16 | | distribution would lead a reasonable person to believe the | 17 | | substance to be
a controlled substance under this clause (2) of | 18 | | subsection (y), the court or
other authority may consider the | 19 | | following factors in addition to any other
factor that may be | 20 | | relevant:
| 21 | | (a) statements made by the owner or person in control | 22 | | of the substance
concerning its nature, use or effect;
| 23 | | (b) statements made to the buyer or recipient that the | 24 | | substance may
be resold for profit;
| 25 | | (c) whether the substance is packaged in a manner | 26 | | normally used for the
illegal distribution of controlled |
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| 1 | | substances;
| 2 | | (d) whether the distribution or attempted distribution | 3 | | included an
exchange of or demand for money or other | 4 | | property as consideration, and
whether the amount of the | 5 | | consideration was substantially greater than the
| 6 | | reasonable retail market value of the substance.
| 7 | | Clause (1) of this subsection (y) shall not apply to a | 8 | | noncontrolled
substance in its finished dosage form that was | 9 | | initially introduced into
commerce prior to the initial | 10 | | introduction into commerce of a controlled
substance in its | 11 | | finished dosage form which it may substantially resemble.
| 12 | | Nothing in this subsection (y) prohibits the dispensing or | 13 | | distributing
of noncontrolled substances by persons authorized | 14 | | to dispense and
distribute controlled substances under this | 15 | | Act, provided that such action
would be deemed to be carried | 16 | | out in good faith under subsection (u) if the
substances | 17 | | involved were controlled substances.
| 18 | | Nothing in this subsection (y) or in this Act prohibits the | 19 | | manufacture,
preparation, propagation, compounding, | 20 | | processing, packaging, advertising
or distribution of a drug or | 21 | | drugs by any person registered pursuant to
Section 510 of the | 22 | | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 23 | | (y-1) "Mail-order pharmacy" means a pharmacy that is | 24 | | located in a state
of the United States that delivers, | 25 | | dispenses or
distributes, through the United States Postal | 26 | | Service or other common
carrier, to Illinois residents, any |
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| 1 | | substance which requires a prescription.
| 2 | | (z) "Manufacture" means the production, preparation, | 3 | | propagation,
compounding, conversion or processing of a | 4 | | controlled substance other than methamphetamine, either
| 5 | | directly or indirectly, by extraction from substances of | 6 | | natural origin,
or independently by means of chemical | 7 | | synthesis, or by a combination of
extraction and chemical | 8 | | synthesis, and includes any packaging or
repackaging of the | 9 | | substance or labeling of its container, except that
this term | 10 | | does not include:
| 11 | | (1) by an ultimate user, the preparation or compounding | 12 | | of a
controlled substance for his or her own use; or
| 13 | | (2) by a practitioner, or his or her authorized agent | 14 | | under his or her
supervision, the preparation, | 15 | | compounding, packaging, or labeling of a
controlled | 16 | | substance:
| 17 | | (a) as an incident to his or her administering or | 18 | | dispensing of a
controlled substance in the course of | 19 | | his or her professional practice; or
| 20 | | (b) as an incident to lawful research, teaching or | 21 | | chemical
analysis and not for sale.
| 22 | | (z-1) (Blank).
| 23 | | (z-5) "Medication shopping" means the conduct prohibited | 24 | | under subsection (a) of Section 314.5 of this Act. | 25 | | (z-10) "Mid-level practitioner" means (i) a physician | 26 | | assistant who has been delegated authority to prescribe through |
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| 1 | | a written delegation of authority by a physician licensed to | 2 | | practice medicine in all of its branches, in accordance with | 3 | | Section 7.5 of the Physician Assistant Practice Act of 1987, | 4 | | (ii) an advanced practice nurse who has been delegated | 5 | | authority to prescribe through a written delegation of | 6 | | authority by a physician licensed to practice medicine in all | 7 | | of its branches or by a podiatrist, in accordance with Section | 8 | | 65-40 of the Nurse Practice Act, or (iii) an animal euthanasia | 9 | | agency. | 10 | | (aa) "Narcotic drug" means any of the following, whether | 11 | | produced
directly or indirectly by extraction from substances | 12 | | of vegetable origin,
or independently by means of chemical | 13 | | synthesis, or by a combination of
extraction and chemical | 14 | | synthesis:
| 15 | | (1) opium, opiates, derivatives of opium and opiates, | 16 | | including their isomers, esters, ethers, salts, and salts | 17 | | of isomers, esters, and ethers, whenever the existence of | 18 | | such isomers, esters, ethers, and salts is possible within | 19 | | the specific chemical designation; however the term | 20 | | "narcotic drug" does not include the isoquinoline | 21 | | alkaloids of opium;
| 22 | | (2) (blank);
| 23 | | (3) opium poppy and poppy straw;
| 24 | | (4) coca leaves, except coca leaves and extracts of | 25 | | coca leaves from which substantially all of the cocaine and | 26 | | ecgonine, and their isomers, derivatives and salts, have |
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| 1 | | been removed;
| 2 | | (5) cocaine, its salts, optical and geometric isomers, | 3 | | and salts of isomers; | 4 | | (6) ecgonine, its derivatives, their salts, isomers, | 5 | | and salts of isomers; | 6 | | (7) any compound, mixture, or preparation which | 7 | | contains any quantity of any of the substances referred to | 8 | | in subparagraphs (1) through (6). | 9 | | (bb) "Nurse" means a registered nurse licensed under the
| 10 | | Nurse Practice Act.
| 11 | | (cc) (Blank).
| 12 | | (dd) "Opiate" means any substance having an addiction | 13 | | forming or
addiction sustaining liability similar to morphine | 14 | | or being capable of
conversion into a drug having addiction | 15 | | forming or addiction sustaining
liability.
| 16 | | (ee) "Opium poppy" means the plant of the species Papaver
| 17 | | somniferum L., except its seeds.
| 18 | | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | 19 | | solution or other liquid form of medication intended for | 20 | | administration by mouth, but the term does not include a form | 21 | | of medication intended for buccal, sublingual, or transmucosal | 22 | | administration. | 23 | | (ff) "Parole and Pardon Board" means the Parole and Pardon | 24 | | Board of
the State of Illinois or its successor agency.
| 25 | | (gg) "Person" means any individual, corporation, | 26 | | mail-order pharmacy,
government or governmental subdivision or |
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| 1 | | agency, business trust, estate,
trust, partnership or | 2 | | association, or any other entity.
| 3 | | (hh) "Pharmacist" means any person who holds a license or | 4 | | certificate of
registration as a registered pharmacist, a local | 5 | | registered pharmacist
or a registered assistant pharmacist | 6 | | under the Pharmacy Practice Act.
| 7 | | (ii) "Pharmacy" means any store, ship or other place in | 8 | | which
pharmacy is authorized to be practiced under the Pharmacy | 9 | | Practice Act.
| 10 | | (ii-5) "Pharmacy shopping" means the conduct prohibited | 11 | | under subsection (b) of Section 314.5 of this Act. | 12 | | (ii-10) "Physician" (except when the context otherwise | 13 | | requires) means a person licensed to practice medicine in all | 14 | | of its branches. | 15 | | (jj) "Poppy straw" means all parts, except the seeds, of | 16 | | the opium
poppy, after mowing.
| 17 | | (kk) "Practitioner" means a physician licensed to practice | 18 | | medicine in all
its branches, dentist, optometrist, | 19 | | podiatrist,
veterinarian, scientific investigator, pharmacist, | 20 | | physician assistant,
advanced practice nurse,
licensed | 21 | | practical
nurse, registered nurse, hospital, laboratory, or | 22 | | pharmacy, or other
person licensed, registered, or otherwise | 23 | | lawfully permitted by the
United States or this State to | 24 | | distribute, dispense, conduct research
with respect to, | 25 | | administer or use in teaching or chemical analysis, a
| 26 | | controlled substance in the course of professional practice or |
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| 1 | | research.
| 2 | | (ll) "Pre-printed prescription" means a written | 3 | | prescription upon which
the designated drug has been indicated | 4 | | prior to the time of issuance; the term does not mean a written | 5 | | prescription that is individually generated by machine or | 6 | | computer in the prescriber's office.
| 7 | | (mm) "Prescriber" means a physician licensed to practice | 8 | | medicine in all
its branches, dentist, optometrist, podiatrist | 9 | | or
veterinarian who issues a prescription, a physician | 10 | | assistant who
issues a
prescription for a controlled substance
| 11 | | in accordance
with Section 303.05, a written delegation, and a | 12 | | written supervision agreement required under Section 7.5
of the
| 13 | | Physician Assistant Practice Act of 1987, or an advanced | 14 | | practice
nurse with prescriptive authority delegated under | 15 | | Section 65-40 of the Nurse Practice Act and in accordance with | 16 | | Section 303.05, a written delegation,
and a written
| 17 | | collaborative agreement under Section 65-35 of the Nurse | 18 | | Practice Act.
| 19 | | (nn) "Prescription" means a written, facsimile, or oral | 20 | | order, or an electronic order that complies with applicable | 21 | | federal requirements,
of
a physician licensed to practice | 22 | | medicine in all its branches,
dentist, podiatrist or | 23 | | veterinarian for any controlled
substance, of an optometrist | 24 | | for a Schedule III, IV, or V controlled substance in accordance | 25 | | with Section 15.1 of the Illinois Optometric Practice Act of | 26 | | 1987, of a physician assistant for a
controlled substance
in |
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| 1 | | accordance with Section 303.05, a written delegation, and a | 2 | | written supervision agreement required under
Section 7.5 of the
| 3 | | Physician Assistant Practice Act of 1987, or of an advanced | 4 | | practice
nurse with prescriptive authority delegated under | 5 | | Section 65-40 of the Nurse Practice Act who issues a | 6 | | prescription for a
controlled substance in accordance
with
| 7 | | Section 303.05, a written delegation, and a written | 8 | | collaborative agreement under Section 65-35 of the Nurse | 9 | | Practice Act when required by law.
| 10 | | (nn-5) "Prescription Information Library" (PIL) means an | 11 | | electronic library that contains reported controlled substance | 12 | | data. | 13 | | (nn-10) "Prescription Monitoring Program" (PMP) means the | 14 | | entity that collects, tracks, and stores reported data on | 15 | | controlled substances and select drugs pursuant to Section 316. | 16 | | (oo) "Production" or "produce" means manufacture, | 17 | | planting,
cultivating, growing, or harvesting of a controlled | 18 | | substance other than methamphetamine.
| 19 | | (pp) "Registrant" means every person who is required to | 20 | | register
under Section 302 of this Act.
| 21 | | (qq) "Registry number" means the number assigned to each | 22 | | person
authorized to handle controlled substances under the | 23 | | laws of the United
States and of this State.
| 24 | | (qq-1) "School" means a preschool, kindergarten, nursery, | 25 | | elementary or secondary educational institution, vocational | 26 | | school, special educational facility, or any other elementary |
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| 1 | | or secondary educational agency. | 2 | | (qq-5) "Secretary" means, as the context requires, either | 3 | | the Secretary of the Department or the Secretary of the | 4 | | Department of Financial and Professional Regulation, and the | 5 | | Secretary's designated agents. | 6 | | (rr) "State" includes the State of Illinois and any state, | 7 | | district,
commonwealth, territory, insular possession thereof, | 8 | | and any area
subject to the legal authority of the United | 9 | | States of America.
| 10 | | (rr-5) "Stimulant" means any drug that (i) causes an | 11 | | overall excitation of central nervous system functions, (ii) | 12 | | causes impaired consciousness and awareness, and (iii) can be | 13 | | habit-forming or lead to a substance abuse problem, including | 14 | | but not limited to amphetamines and their analogs, | 15 | | methylphenidate and its analogs, cocaine, and phencyclidine | 16 | | and its analogs. | 17 | | (ss) "Ultimate user" means a person who lawfully possesses | 18 | | a
controlled substance for his or her own use or for the use of | 19 | | a member of his or her
household or for administering to an | 20 | | animal owned by him or her or by a member
of his or her | 21 | | household.
| 22 | | (Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09; | 23 | | 97-334, eff. 1-1-12.)
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