(720 ILCS 635/0.01) (from Ch. 38, par. 22-49.9)
Sec. 0.01.
Short title.
This Act may be cited as the
Hypodermic Syringes and Needles Act.
(Source: P.A. 86-1324.)
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(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 articles, or the
holder of a permit issued under Section 5 of this Act, or a farmer
engaged in the use of the instruments on livestock, or a person engaged in
chemical, clinical, pharmaceutical or other scientific research, or a staff person, volunteer, or participant in a needle or hypodermic syringe access program, 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
hypodermic
syringes or needles.
(Source: P.A. 100-326, eff. 1-1-18; 101-356, eff. 8-9-19.)
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(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 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, or a staff person, volunteer, or participant in a needle or hypodermic syringe access program.
(b) A pharmacist may sell up to 100 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. 100-326, eff. 1-1-18; 101-356, eff. 8-9-19.)
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(720 ILCS 635/2.5)
Sec. 2.5. Guidelines for disposal.
(a) (Blank).
(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. 100-326, eff. 1-1-18.)
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(720 ILCS 635/3) (from Ch. 38, par. 22-52)
Sec. 3.
(Repealed).
(Source: P.A. 84-25. Repealed by P.A. 93-392, eff. 7-25-03.)
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(720 ILCS 635/4) (from Ch. 38, par. 22-53)
Sec. 4.
Penalty.
A person who violates any provision of
Section 1 or 2 of this Act
is guilty of a Class A misdemeanor for the first such offense;
and a Class 4 felony for a
second or any succeeding offense.
(Source: P.A. 93-392, eff. 7-25-03.)
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(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 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 in this state only (1) upon a written prescription of the prescriber, or (2) upon an oral or electronic order of the prescriber, which order is
reduced promptly to writing and filed by the pharmacist, or (3) by
refilling any written, oral, or electronic prescription if the 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
written, oral, or electronic prescriptions when reduced to writing for instruments
specified in Sections 1 and 2 shall contain the date of the 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, 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 authorization
is in the form of a certificate giving the name and address of the
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 authorization, and the date of the
certificate and in that event, no other prescription, writing or record
shall be required to authorize the possession or sale of the instruments.
(Source: P.A. 100-326, eff. 1-1-18.)
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(720 ILCS 635/6) (from Ch. 38, par. 22-55)
Sec. 6.
Any prosecution under this Act may be commenced by an information as
defined in Section 102-12 of the Code of Criminal Procedure of 1963.
(Source: P.A. 77-1849.)
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