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| Public Act 099-0247 | ||||
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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 | ||||
amended by changing Section 302 as follows: | ||||
(720 ILCS 570/302) (from Ch. 56 1/2, par. 1302) | ||||
Sec. 302. (a) Every person who manufactures, distributes, | ||||
or dispenses
any controlled substances; , or engages in | ||||
chemical analysis, research, or and
instructional activities | ||||
which utilize controlled substances; ,
or who purchases, | ||||
stores, or administers euthanasia drugs, within this
State; | ||||
provides canine odor detection services; or who proposes to | ||||
engage in the
manufacture, distribution, or dispensing of any | ||||
controlled substance; , proposes or to
engage in chemical | ||||
analysis, research, or and instructional activities
which | ||||
utilize controlled substances; , proposes or to engage in | ||||
purchasing, storing, or
administering euthanasia drugs; or | ||||
proposes to provide canine odor detection services , within this | ||||
State, must obtain a
registration issued by the Department of | ||||
Financial and Professional Regulation in
accordance with its | ||||
rules. The rules shall
include, but not be limited to, setting | ||||
the expiration date and renewal
period for each registration | ||||
under this Act. The Department,
any facility or service | ||||
licensed by the Department, and any veterinary hospital or | ||
clinic operated by a veterinarian or veterinarians licensed | ||
under the Veterinary Medicine and Surgery Practice Act of 2004 | ||
or maintained by a State-supported or publicly funded | ||
university or college shall be exempt
from the regulation | ||
requirements of this Section; however, such exemption shall not | ||
operate to bar the University of Illinois from requesting, nor | ||
the Department of Financial and Professional Regulation from | ||
issuing, a registration to the University of Illinois | ||
Veterinary Teaching Hospital under this Act. Neither a request | ||
for such registration nor the issuance of such registration to | ||
the University of Illinois shall operate to otherwise waive or | ||
modify the exemption provided in this subsection (a).
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(b) Persons registered by the Department of Financial and | ||
Professional Regulation
under this Act to manufacture, | ||
distribute, or dispense controlled
substances, engage in | ||
chemical analysis, research, or instructional activities which | ||
utilize controlled substances, or purchase, store, or | ||
administer euthanasia drugs, or provide canine odor detection | ||
services, may
possess, manufacture, distribute, engage in | ||
chemical analysis, research, or instructional activities which | ||
utilize controlled substances, or dispense those
substances, | ||
or purchase, store, or administer euthanasia drugs, or provide | ||
canine odor detection services to the
extent authorized by | ||
their registration and in conformity
with the other provisions | ||
of this Article.
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(c) The following persons need not register and may | ||
lawfully possess
controlled substances under this Act:
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(1) an agent or employee of any registered | ||
manufacturer, distributor, or
dispenser of any controlled | ||
substance if he or she is acting in the usual course
of his | ||
or her employer's lawful business or employment;
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(2) a common or contract carrier or warehouseman, or an | ||
agent or
employee thereof, whose possession of any | ||
controlled substance is in the
usual lawful course of such | ||
business or employment;
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(3) an ultimate user or a person in possession of any | ||
controlled
substance pursuant to a lawful prescription of a | ||
practitioner or in lawful
possession of a Schedule V | ||
substance;
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(4) officers and employees of this State or of the | ||
United States while
acting in the lawful course of their | ||
official duties which requires
possession of controlled | ||
substances;
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(5) a registered pharmacist who is employed in, or the | ||
owner of, a
pharmacy licensed under this Act and the | ||
Federal Controlled Substances Act,
at the licensed | ||
location, or if he or she is acting in the usual course of | ||
his or her
lawful profession, business, or employment; | ||
(6) a holder of a temporary license issued under | ||
Section 17 of the Medical Practice
Act of 1987 practicing | ||
within the scope of that license and in compliance with the | ||
rules adopted
under this Act. In addition to possessing | ||
controlled substances, a temporary license holder may
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order, administer, and prescribe controlled substances | ||
when acting within the scope of his or her
license and in | ||
compliance with the rules adopted under this Act.
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(d) A separate registration is required at each place of
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business or professional practice where the applicant | ||
manufactures,
distributes, or dispenses controlled substances, | ||
or purchases, stores, or
administers euthanasia drugs.
Persons | ||
are required to obtain a separate registration for each
place | ||
of business or professional practice where controlled
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substances are located or stored. A separate registration is
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not required for every location at which a controlled substance
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may be prescribed.
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(e) The Department of Financial and Professional | ||
Regulation or the Illinois
State Police may inspect the | ||
controlled premises, as defined in Section
502 of this Act, of | ||
a registrant or applicant for registration in
accordance with | ||
this Act and the rules promulgated hereunder and with regard
to | ||
persons licensed by the Department, in accordance with | ||
subsection (bb)
of Section 30-5
of the Alcoholism and Other | ||
Drug Abuse and Dependency Act and
the rules and
regulations | ||
promulgated thereunder.
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(Source: P.A. 96-219, eff. 8-10-09; 97-126, eff. 7-14-11; | ||
97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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