Public Act 100-0326
 
SB1944 EnrolledLRB100 09873 RLC 20043 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Hypodermic Syringes and Needles Act is 
amended  by changing Sections 1, 2, 2.5, and 5 as follows:
 



    (720 ILCS 635/1)  (from Ch. 38, par. 22-50)



    Sec. 1. Possession of hypodermic syringes and needles. 

    (a) Except as provided in subsection (b), no person, not 
being a
physician,
dentist, chiropodist or
veterinarian 
licensed under the laws of this State or of the state where he

resides, or a registered professional nurse, or a registered 
embalmer,
manufacturer or dealer in embalming supplies, 
wholesale druggist,
manufacturing pharmacist, registered 
pharmacist, manufacturer of surgical
instruments, industrial 
user, official of any government having possession
of the 
articles hereinafter mentioned by reason of his or her official 
duties,
nurse or a medical laboratory technician acting under 
the direction of a
physician or dentist, employee of an 
incorporated hospital acting under the
direction of its 
superintendent or officer in immediate charge, or a
carrier or 
messenger engaged in the transportation of the such articles, 
or the
holder of a permit issued under Section 5 of this Act, 
or a farmer
engaged in the use of the such instruments on 
livestock, or a person engaged in
chemical, clinical, 
pharmaceutical or other scientific research, shall have
in his 
or her possession a hypodermic syringe, hypodermic needle, or 
any
instrument adapted for the use of controlled substances or 
cannabis by
subcutaneous injection.

    (b) A person who is at least 18 years of age may purchase 
from a pharmacy
and have in his or her possession up to 100 20

hypodermic
syringes or needles.

(Source: P.A. 93-392, eff. 7-25-03.)

 



    (720 ILCS 635/2)  (from Ch. 38, par. 22-51)



    Sec. 2. Sale of hypodermic syringes and needles. 

    (a) Except
as provided in subsection (b), no such syringe, 
needle or instrument shall
be delivered or sold
to, or 
exchanged with, any person except a registered pharmacist,

physician, dentist, veterinarian, registered embalmer, 
manufacturer or
dealer in embalming supplies, wholesale 
druggist, manufacturing pharmacist,
industrial user, a nurse 
upon the written order of a physician or dentist,
the holder of 
a permit issued under Section 5 of this Act, a registered

chiropodist, or an employee of an incorporated hospital upon 
the written
order of its superintendent or officer in immediate 
charge; provided that
the provisions of this Act shall not 
prohibit the sale, possession or use
of hypodermic syringes or 
hypodermic needles for treatment of livestock or
poultry by the 
owner or keeper thereof or a person engaged in chemical,

clinical, pharmaceutical or other scientific research.

    (b) A pharmacist may sell up to 100 20 sterile hypodermic 
syringes or needles
to a person
who is
at least 18 years of 
age.
A syringe or needle sold under this subsection
(b) must be

stored at a
pharmacy
and in a manner that limits access to the 
syringes or needles to pharmacists
employed at
the
pharmacy and 
any persons designated by the pharmacists.  A syringe or
needle 
sold
at a
pharmacy under this subsection (b) may be sold only 
from the pharmacy
department
of the pharmacy.

(Source: P.A. 93-392, eff. 7-25-03.)

 



    (720 ILCS 635/2.5)



    Sec. 2.5. Guidelines Educational materials; guidelines for 
disposal. 

    (a) (Blank). The Illinois Department of Public Health must 
develop educational
materials and make copies of the 
educational materials available to
pharmacists.  Pharmacists 
must make these educational materials available to
persons who

purchase syringes and needles as authorized under subsection 
(b) of
Section 1.  The
educational materials must include 
information regarding safer injection, HIV
prevention, syringe 
and needle disposal, and drug treatment.

    (b) The Illinois Department of Public Health must create 
guidelines to
advise
local health departments on implementing 
syringe and needle disposal policies
that
are consistent with 
or more stringent than any available guidelines
regarding 
disposal for home health care products provided by the United 
States
Environmental Protection Agency.

(Source: P.A. 93-392, eff. 7-25-03.)

 



    (720 ILCS 635/5)  (from Ch. 38, par. 22-54)



    Sec. 5. Prescriptions. 
    (a)  As used in this Section, "prescriber" has the meaning 
ascribed to it in Section 102 of the Illinois Controlled 
Substances Act. 
    (b) Except as provided under Section 2, a prescriber 
licensed
physician may direct a
patient
under
his or her 
immediate
charge to have in possession any of the instruments 
specified in Sections 1
and 2 which may be dispensed by a 
registered pharmacist or assistant
registered pharmacist in 
this state only (1) upon a written prescription of the 
prescriber such physician, or (2) upon an oral or electronic 
order of the prescriber such  physician, which order is
reduced 
promptly to writing and filed by the pharmacist, or (3) by

refilling any such written, or oral, or electronic prescription 
if the such refilling is
authorized by the prescriber either in 
the original prescription or by oral
order which is reduced 
promptly to writing and filed by the pharmacist in
the same 
manner and under the same conditions as any other prescription

issued by a practitioner licensed by law to write 
prescriptions, or (4)
upon a signed statement of a patient,

upon proper
identification, stating
that the prescriptions or 
instruments specified in Sections 1 and 2 were
lost or broken, 
as the case may be, the name and address of the prescriber,
the 
name and address of the patient and the purpose for which the

prescription was ordered. The Such
written, or oral, or 
electronic prescriptions when reduced to writing for 
instruments
specified in Sections 1 and 2 shall contain the 
date of the such prescription,
the name and address of the 
prescriber, the name and address of the
patient, the purpose 
for which the prescription is ordered, the date when
dispensed 
and by whom dispensed.

    Provided, however, that a licensed physician or other 
allied medical
practitioner, authorized by the laws of the 
State of Illinois to prescribe
or administer controlled 
substances or cannabis to humans or animals, may
authorize any 
person or the owner of any animal, to purchase and have in
his 
or her possession any of the instruments specified in Sections 
1 and 2, which
may be sold to him without a specific written, 
or oral, or electronic prescription or
order, by any person 
authorized by the laws of the State of Illinois to
sell and 
dispense controlled substances or cannabis, if the such 
authorization
is in the form of a certificate giving the name 
and address of the such
licensed physician or other allied 
medical practitioner, the name, address
and signature of the 
person, or of the owner of the animal, so authorized,
the 
purpose or reason of the such authorization, and the date of 
the such
certificate and in that event, no other prescription, 
writing or record
shall be required to authorize the possession 
or sale of the such instruments.

(Source: P.A. 93-392, eff. 7-25-03.)