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720 ILCS 570/303 (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
Sec. 303. (a) The Department of Financial and Professional Regulation shall license an
applicant to manufacture, distribute or dispense controlled substances
included in Sections 202, 204, 206, 208, 210 and 212 of this Act or purchase,
store, or administer euthanasia drugs unless it
determines that the issuance of that license would be
inconsistent
with the public interest. In determining the public interest, the
Department of Financial and Professional Regulation shall consider the following:
(1) maintenance of effective controls against | | diversion of controlled substances into other than lawful medical, scientific, or industrial channels;
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(2) compliance with applicable Federal, State and
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(3) any convictions of the applicant, or the
| | designated agent of the applicant where applicable, under any law of the United States or of any State relating to any controlled substance;
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(4) past experience in the manufacture or
| | distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;
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(5) furnishing by the applicant of false or
| | fraudulent material in any application filed under this Act;
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(6) suspension or revocation of the applicant's
| | Federal registration to manufacture, distribute, or dispense controlled substances, or purchase, store, or administer euthanasia drugs, as authorized by Federal law;
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(7) whether the applicant is suitably equipped with
| | the facilities appropriate to carry on the operation described in his or her application;
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(8) whether the applicant is of good moral character
| | or, if the applicant is a partnership, association, corporation or other organization, whether the partners, directors, governing committee and managing officers are of good moral character;
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(9) any other factors relevant to and consistent with
| | the public health and safety; and
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(10) evidence from court, medical disciplinary and
| | pharmacy board records and those of State and Federal investigatory bodies that the applicant has not or does not prescribe controlled substances within the provisions of this Act.
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(b) No license shall be granted to or renewed for any
person who
has within 5 years been convicted of a wilful violation of any law of the
United States or any law of any State relating to controlled substances, or
who is found to be deficient in any of the matters enumerated in
subsections (a)(1) through (a)(8).
(c) Licensure under subsection (a) does not entitle a
registrant to
manufacture, distribute or dispense controlled substances in Schedules I or
II other than those specified in the registration.
(d) Practitioners who are licensed to dispense any
controlled
substances in Schedules II through V are authorized to
conduct instructional activities with controlled substances
in Schedules II through V under the law of this State.
(e) If an applicant for registration is registered under the Federal law
to manufacture, distribute or dispense controlled substances, or purchase,
store, or administer euthanasia drugs, upon filing a
completed application for licensure in this State and
payment of all
fees due hereunder, he or she shall be licensed in this State to
the same extent
as his or her Federal registration, unless, within 30 days after completing his or her
application in this State, the Department of Financial and Professional Regulation
notifies the applicant that his or her application has not been granted. A
practitioner who is in compliance with the Federal law with respect to
registration to dispense controlled substances in Schedules II through V
need only send a current copy of that Federal registration to the
Department of Financial and Professional Regulation and he or she shall be deemed in
compliance with the registration provisions of this State.
(e-5) All of the fees and fines collected under
this Section 303 shall be deposited into the Illinois State Pharmacy
Disciplinary Fund.
(f) The fee for registration as a manufacturer or wholesale distributor
of controlled substances shall be $50.00 per year, except that the fee for
registration as a manufacturer or wholesale distributor of controlled
substances that may be dispensed without a prescription under this Act
shall be $15.00 per year. The expiration date and renewal period for
each controlled substance license issued
under this Act shall be set by rule.
(Source: P.A. 97-334, eff. 1-1-12.)
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