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91_HB0298
LRB9101626LDks
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 at least 18 years of age operating or
26 participating in a public health-related needle exchange
27 program, or a person at least 18 years of age in possession
28 of syringes acquired pursuant to a valid transaction under
29 Section 2 of this Act, shall have in his possession a
30 hypodermic syringe, hypodermic needle, or any instrument
31 adapted for the use of controlled substances or cannabis by
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1 subcutaneous injection.
2 (Source: P.A. 77-771.)
3 (720 ILCS 635/2) (from Ch. 38, par. 22-51)
4 Sec. 2. No such syringe, needle or instrument shall be
5 delivered or sold to, or exchanged with, any person except a
6 registered pharmacist, physician, dentist, veterinarian,
7 registered embalmer, manufacturer or dealer in embalming
8 supplies, wholesale druggist, manufacturing pharmacist,
9 industrial user, a nurse upon the written order of a
10 physician or dentist, the holder of a permit issued under
11 Section 5 of this Act, a registered chiropodist, or an
12 employee of an incorporated hospital upon the written order
13 of its superintendent or officer in immediate charge;
14 provided that the provisions of this Act shall not prohibit
15 the sale, possession or use of hypodermic syringes or
16 hypodermic needles for treatment of livestock or poultry by
17 the owner or keeper thereof or a person engaged in chemical,
18 clinical, pharmaceutical or other scientific research. In the
19 interest of preventing the transmission of AIDS and other
20 communicable diseases, it shall not be a criminal offense for
21 a person at least 18 years of age to purchase up to 10
22 hypodermic needles from a registered pharmacist at any one
23 time without a prescription or to sell or possess hypodermic
24 needles incidental to such purchase, nor shall it be a
25 criminal offense for a person at least 18 years of age to
26 possess or exchange hypodermic needles in conjunction with
27 any public health-related needle exchange program.
28 (Source: Laws 1955, p. 1408.)
29 (720 ILCS 635/4) (from Ch. 38, par. 22-53)
30 Sec. 4. Whoever violates any provisions of Sections 1 and
31 , 2, and 3 of this Act shall be guilty of a Class A
32 misdemeanor for the first such offense; for a second or any
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1 succeeding offense, he shall be guilty of a Class 4 felony.
2 (Source: P.A. 77-2830.)
3 (720 ILCS 635/3 rep.)
4 Section 10. The Hypodermic Syringes and Needles Act is
5 amended by repealing Section 3.