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90_HB0686
720 ILCS 635/1 from Ch. 38, par. 22-50
720 ILCS 635/2 from Ch. 38, par. 22-51
720 ILCS 635/4 from Ch. 38, par. 22-53
720 ILCS 635/3 rep.
Amends the Hypodermic Syringes and Needles Act. Provides
that a person operating or participating in a public
health-related needle exchange program or a person who
purchases up to 10 hypodermic needles from a registered
pharmacist does not violate the Act. Repeals the Section
requiring a person who sells a syringe, needle, or instrument
to keep a record of the sale.
LRB9003668LDdv
LRB9003668LDdv
1 AN ACT to amend the Hypodermic Syringes and Needles Act
2 by changing Sections 1, 2, and 4 and repealing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Hypodermic Syringes and Needles Act is
6 amended by changing Sections 1, 2, and 4 as follows:
7 (720 ILCS 635/1) (from Ch. 38, par. 22-50)
8 Sec. 1. No person, not being a physician, dentist,
9 chiropodist or veterinarian licensed under the laws of this
10 State or of the state where he resides, or a registered
11 professional nurse, or a registered embalmer, manufacturer or
12 dealer in embalming supplies, wholesale druggist,
13 manufacturing pharmacist, registered pharmacist, manufacturer
14 of surgical instruments, industrial user, official of any
15 government having possession of the articles hereinafter
16 mentioned by reason of his official duties, nurse or a
17 medical laboratory technician acting under the direction of a
18 physician or dentist, employee of an incorporated hospital
19 acting under the direction of its superintendent or officer
20 in immediate charge, or a carrier or messenger engaged in the
21 transportation of such articles, or the holder of a permit
22 issued under Section 5 of this Act, or a farmer engaged in
23 the use of such instruments on livestock, or a person engaged
24 in chemical, clinical, pharmaceutical or other scientific
25 research, or a person operating or participating in a public
26 health-related needle exchange program, or a person in
27 possession of syringes acquired pursuant to a valid
28 transaction under Section 2 of this Act, shall have in his
29 possession a hypodermic syringe, hypodermic needle, or any
30 instrument adapted for the use of controlled substances or
31 cannabis by subcutaneous injection.
-2- LRB9003668LDdv
1 (Source: P.A. 77-771.)
2 (720 ILCS 635/2) (from Ch. 38, par. 22-51)
3 Sec. 2. No such syringe, needle or instrument shall be
4 delivered or sold to, or exchanged with, any person except a
5 registered pharmacist, physician, dentist, veterinarian,
6 registered embalmer, manufacturer or dealer in embalming
7 supplies, wholesale druggist, manufacturing pharmacist,
8 industrial user, a nurse upon the written order of a
9 physician or dentist, the holder of a permit issued under
10 Section 5 of this Act, a registered chiropodist, or an
11 employee of an incorporated hospital upon the written order
12 of its superintendent or officer in immediate charge;
13 provided that the provisions of this Act shall not prohibit
14 the sale, possession or use of hypodermic syringes or
15 hypodermic needles for treatment of livestock or poultry by
16 the owner or keeper thereof or a person engaged in chemical,
17 clinical, pharmaceutical or other scientific research. In the
18 interest of preventing the transmission of AIDS and other
19 communicable diseases, it shall not be a criminal offense to
20 purchase up to 10 hypodermic needles from a registered
21 pharmacist at any one time without a prescription or to sell
22 or possess hypodermic needles incidental to such purchase,
23 nor shall it be a criminal offense to possess or exchange
24 hypodermic needles in conjunction with any public
25 health-related needle exchange program.
26 (Source: Laws 1955, p. 1408.)
27 (720 ILCS 635/4) (from Ch. 38, par. 22-53)
28 Sec. 4. Whoever violates any provisions of Sections 1
29 and, 2, and 3 of this Act shall be guilty of a Class A
30 misdemeanor for the first such offense; for a second or any
31 succeeding offense, he shall be guilty of a Class 4 felony.
32 (Source: P.A. 77-2830.)
-3- LRB9003668LDdv
1 (720 ILCS 635/3 rep.)
2 Section 10. The Hypodermic Syringes and Needles Act is
3 amended by repealing Section 3.