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91_HB0148
LRB9100184RCpc
1 AN ACT to amend the Illinois Controlled Substances Act by
2 changing Section 102 and adding Section 316.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Controlled Substances Act is
6 amended by changing Section 102 and adding Section 316 as
7 follows:
8 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
9 Sec. 102. Definitions. As used in this Act, unless the
10 context otherwise requires:
11 (a) "Addict" means any person who habitually uses any
12 drug, chemical, substance or dangerous drug other than
13 alcohol so as to endanger the public morals, health, safety
14 or welfare or who is so far addicted to the use of a
15 dangerous drug or controlled substance other than alcohol as
16 to have lost the power of self control with reference to his
17 addiction.
18 (b) "Administer" means the direct application of a
19 controlled substance, whether by injection, inhalation,
20 ingestion, or any other means, to the body of a patient or
21 research subject by:
22 (1) a practitioner (or, in his presence, by his
23 authorized agent), or
24 (2) the patient or research subject at the lawful
25 direction of the practitioner.
26 (c) "Agent" means an authorized person who acts on
27 behalf of or at the direction of a manufacturer, distributor,
28 or dispenser. It does not include a common or contract
29 carrier, public warehouseman or employee of the carrier or
30 warehouseman.
31 (c-1) "Anabolic Steroids" means any drug or hormonal
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1 substance, chemically and pharmacologically related to
2 testosterone (other than estrogens, progestins, and
3 corticosteroids) that promotes muscle growth, and includes:
4 (i) boldenone,
5 (ii) chlorotestosterone,
6 (iii) chostebol,
7 (iv) dehydrochlormethyltestosterone,
8 (v) dihydrotestosterone,
9 (vi) drostanolone,
10 (vii) ethylestrenol,
11 (viii) fluoxymesterone,
12 (ix) formebulone,
13 (x) mesterolone,
14 (xi) methandienone,
15 (xii) methandranone,
16 (xiii) methandriol,
17 (xiv) methandrostenolone,
18 (xv) methenolone,
19 (xvi) methyltestosterone,
20 (xvii) mibolerone,
21 (xviii) nandrolone,
22 (xix) norethandrolone,
23 (xx) oxandrolone,
24 (xxi) oxymesterone,
25 (xxii) oxymetholone,
26 (xxiii) stanolone,
27 (xxiv) stanozolol,
28 (xxv) testolactone,
29 (xxvi) testosterone,
30 (xxvii) trenbolone, and
31 (xxviii) any salt, ester, or isomer of a drug
32 or substance described or listed in this paragraph,
33 if that salt, ester, or isomer promotes muscle
34 growth.
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1 Any person who is otherwise lawfully in possession of an
2 anabolic steroid, or who otherwise lawfully manufactures,
3 distributes, dispenses, delivers, or possesses with intent to
4 deliver an anabolic steroid, which anabolic steroid is
5 expressly intended for and lawfully allowed to be
6 administered through implants to livestock or other nonhuman
7 species, and which is approved by the Secretary of Health and
8 Human Services for such administration, and which the person
9 intends to administer or have administered through such
10 implants, shall not be considered to be in unauthorized
11 possession or to unlawfully manufacture, distribute,
12 dispense, deliver, or possess with intent to deliver such
13 anabolic steroid for purposes of this Act.
14 (d) "Administration" means the Drug Enforcement
15 Administration, United States Department of Justice, or its
16 successor agency.
17 (d-5) "Animal control facility" means any facility
18 operated by or under contract for the State, county, or any
19 municipal corporation or political subdivision of the State
20 for the purpose of impounding or harboring seized, stray,
21 homeless, abandoned or unwanted dogs, cats, and other
22 animals. "Animal control facility" also means any veterinary
23 hospital or clinic operated by a veterinarian or
24 veterinarians licensed under the Veterinary Medicine and
25 Surgery Practice Act of 1994 that operates for the above
26 mentioned purpose in addition to its customary purposes.
27 (d-10) "Animal shelter" means a facility operated,
28 owned, or maintained by a duly incorporated humane society,
29 animal welfare society, or other non-profit organization for
30 the purpose of providing for and promoting the welfare,
31 protection, and humane treatment of animals. "Animal
32 shelter" also means any veterinary hospital or clinic
33 operated by a veterinarian or veterinarians licensed under
34 the Veterinary Medicine and Surgery Practice Act of 1994 that
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1 operates for the above mentioned purpose in addition to its
2 customary purposes.
3 (e) "Control" means to add a drug or other substance, or
4 immediate precursor, to a Schedule under Article II of this
5 Act whether by transfer from another Schedule or otherwise.
6 (f) "Controlled Substance" means a drug, substance, or
7 immediate precursor in the Schedules of Article II of this
8 Act.
9 (g) "Counterfeit substance" means a controlled
10 substance, which, or the container or labeling of which,
11 without authorization bears the trademark, trade name, or
12 other identifying mark, imprint, number or device, or any
13 likeness thereof, of a manufacturer, distributor, or
14 dispenser other than the person who in fact manufactured,
15 distributed, or dispensed the substance.
16 (h) "Deliver" or "delivery" means the actual,
17 constructive or attempted transfer of possession of a
18 controlled substance, with or without consideration, whether
19 or not there is an agency relationship.
20 (i) "Department" means the Illinois Department of Human
21 Services (as successor to the Department of Alcoholism and
22 Substance Abuse) or its successor agency.
23 (j) "Department of State Police" means the Department of
24 State Police of the State of Illinois or its successor
25 agency.
26 (k) "Department of Corrections" means the Department of
27 Corrections of the State of Illinois or its successor agency.
28 (l) "Department of Professional Regulation" means the
29 Department of Professional Regulation of the State of
30 Illinois or its successor agency.
31 (m) "Depressant" or "stimulant substance" means:
32 (1) a drug which contains any quantity of (i)
33 barbituric acid or any of the salts of barbituric acid
34 which has been designated as habit forming under section
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1 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
2 U.S.C. 352 (d)); or
3 (2) a drug which contains any quantity of (i)
4 amphetamine or methamphetamine and any of their optical
5 isomers; (ii) any salt of amphetamine or methamphetamine
6 or any salt of an optical isomer of amphetamine; or (iii)
7 any substance which the Department, after investigation,
8 has found to be, and by rule designated as, habit forming
9 because of its depressant or stimulant effect on the
10 central nervous system; or
11 (3) lysergic acid diethylamide; or
12 (4) any drug which contains any quantity of a
13 substance which the Department, after investigation, has
14 found to have, and by rule designated as having, a
15 potential for abuse because of its depressant or
16 stimulant effect on the central nervous system or its
17 hallucinogenic effect.
18 (n) "Designated product" means any narcotic drug,
19 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
20 pentazocine or cannabis product listed in Schedule II and
21 also means a controlled substance listed in Schedule II which
22 is determined and designated by the Department or its
23 successor agency to be such a product. A designated product
24 shall only be dispensed upon an official prescription blank.
25 (o) "Director" means the Director of the Department of
26 State Police or the Department of Professional Regulation or
27 his designated agents.
28 (p) "Dispense" means to deliver a controlled substance
29 to an ultimate user or research subject by or pursuant to the
30 lawful order of a prescriber, including the prescribing,
31 administering, packaging, labeling, or compounding necessary
32 to prepare the substance for that delivery.
33 (q) "Dispenser" means a practitioner who dispenses.
34 (r) "Distribute" means to deliver, other than by
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1 administering or dispensing, a controlled substance.
2 (s) "Distributor" means a person who distributes.
3 (t) "Drug" means (1) substances recognized as drugs in
4 the official United States Pharmacopoeia, Official
5 Homeopathic Pharmacopoeia of the United States, or official
6 National Formulary, or any supplement to any of them; (2)
7 substances intended for use in diagnosis, cure, mitigation,
8 treatment, or prevention of disease in man or animals; (3)
9 substances (other than food) intended to affect the structure
10 of any function of the body of man or animals and (4)
11 substances intended for use as a component of any article
12 specified in clause (1), (2), or (3) of this subsection. It
13 does not include devices or their components, parts, or
14 accessories.
15 (u) "Good faith" means the prescribing or dispensing of
16 a controlled substance by a practitioner in the regular
17 course of professional treatment to or for any person who is
18 under his treatment for a pathology or condition other than
19 that individual's physical or psychological dependence upon
20 or addiction to a controlled substance, except as provided
21 herein: and application of the term to a pharmacist shall
22 mean the dispensing of a controlled substance pursuant to the
23 prescriber's order which in the professional judgment of the
24 pharmacist is lawful. The pharmacist shall be guided by
25 accepted professional standards including, but not limited to
26 the following, in making the judgment:
27 (1) lack of consistency of doctor-patient
28 relationship,
29 (2) frequency of prescriptions for same drug by one
30 prescriber for large numbers of patients,
31 (3) quantities beyond those normally prescribed,
32 (4) unusual dosages,
33 (5) unusual geographic distances between patient,
34 pharmacist and prescriber,
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1 (6) consistent prescribing of habit-forming drugs.
2 (u-1) "Home infusion services" means services provided
3 by a pharmacy in compounding solutions for direct
4 administration to a patient in a private residence, long-term
5 care facility, or hospice setting by means of parenteral,
6 intravenous, intramuscular, subcutaneous, or intraspinal
7 infusion.
8 (v) "Immediate precursor" means a substance:
9 (1) which the Department has found to be and by
10 rule designated as being a principal compound used, or
11 produced primarily for use, in the manufacture of a
12 controlled substance;
13 (2) which is an immediate chemical intermediary
14 used or likely to be used in the manufacture of such
15 controlled substance; and
16 (3) the control of which is necessary to prevent,
17 curtail or limit the manufacture of such controlled
18 substance.
19 (w) "Instructional activities" means the acts of
20 teaching, educating or instructing by practitioners using
21 controlled substances within educational facilities approved
22 by the State Board of Education or its successor agency.
23 (x) "Local authorities" means a duly organized State,
24 County or Municipal peace unit or police force.
25 (y) "Look-alike substance" means a substance, other than
26 a controlled substance which (1) by overall dosage unit
27 appearance, including shape, color, size, markings or lack
28 thereof, taste, consistency, or any other identifying
29 physical characteristic of the substance, would lead a
30 reasonable person to believe that the substance is a
31 controlled substance, or (2) is expressly or impliedly
32 represented to be a controlled substance or is distributed
33 under circumstances which would lead a reasonable person to
34 believe that the substance is a controlled substance. For the
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1 purpose of determining whether the representations made or
2 the circumstances of the distribution would lead a reasonable
3 person to believe the substance to be a controlled substance
4 under this clause (2) of subsection (y), the court or other
5 authority may consider the following factors in addition to
6 any other factor that may be relevant:
7 (a) statements made by the owner or person in
8 control of the substance concerning its nature, use or
9 effect;
10 (b) statements made to the buyer or recipient that
11 the substance may be resold for profit;
12 (c) whether the substance is packaged in a manner
13 normally used for the illegal distribution of controlled
14 substances;
15 (d) whether the distribution or attempted
16 distribution included an exchange of or demand for money
17 or other property as consideration, and whether the
18 amount of the consideration was substantially greater
19 than the reasonable retail market value of the substance.
20 Clause (1) of this subsection (y) shall not apply to a
21 noncontrolled substance in its finished dosage form that was
22 initially introduced into commerce prior to the initial
23 introduction into commerce of a controlled substance in its
24 finished dosage form which it may substantially resemble.
25 Nothing in this subsection (y) prohibits the dispensing
26 or distributing of noncontrolled substances by persons
27 authorized to dispense and distribute controlled substances
28 under this Act, provided that such action would be deemed to
29 be carried out in good faith under subsection (u) if the
30 substances involved were controlled substances.
31 Nothing in this subsection (y) or in this Act prohibits
32 the manufacture, preparation, propagation, compounding,
33 processing, packaging, advertising or distribution of a drug
34 or drugs by any person registered pursuant to Section 510 of
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1 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
2 (y-1) "Mail-order pharmacy" means a pharmacy that is
3 located in a state of the United States, other than Illinois,
4 that delivers, dispenses or distributes, through the United
5 States Postal Service or other common carrier, to Illinois
6 residents, any substance which requires a prescription.
7 (z) "Manufacture" means the production, preparation,
8 propagation, compounding, conversion or processing of a
9 controlled substance, either directly or indirectly, by
10 extraction from substances of natural origin, or
11 independently by means of chemical synthesis, or by a
12 combination of extraction and chemical synthesis, and
13 includes any packaging or repackaging of the substance or
14 labeling of its container, except that this term does not
15 include:
16 (1) by an ultimate user, the preparation or
17 compounding of a controlled substance for his own use; or
18 (2) by a practitioner, or his authorized agent
19 under his supervision, the preparation, compounding,
20 packaging, or labeling of a controlled substance:
21 (a) as an incident to his administering or
22 dispensing of a controlled substance in the course
23 of his professional practice; or
24 (b) as an incident to lawful research,
25 teaching or chemical analysis and not for sale.
26 (aa) "Narcotic drug" means any of the following, whether
27 produced directly or indirectly by extraction from substances
28 of natural origin, or independently by means of chemical
29 synthesis, or by a combination of extraction and chemical
30 synthesis:
31 (1) opium and opiate, and any salt, compound,
32 derivative, or preparation of opium or opiate;
33 (2) any salt, compound, isomer, derivative, or
34 preparation thereof which is chemically equivalent or
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1 identical with any of the substances referred to in
2 clause (1), but not including the isoquinoline alkaloids
3 of opium;
4 (3) opium poppy and poppy straw;
5 (4) coca leaves and any salts, compound, isomer,
6 salt of an isomer, derivative, or preparation of coca
7 leaves including cocaine or ecgonine, and any salt,
8 compound, isomer, derivative, or preparation thereof
9 which is chemically equivalent or identical with any of
10 these substances, but not including decocainized coca
11 leaves or extractions of coca leaves which do not contain
12 cocaine or ecgonine (for the purpose of this paragraph,
13 the term "isomer" includes optical, positional and
14 geometric isomers).
15 (bb) "Nurse" means a registered nurse licensed under the
16 Nursing and Advanced Practice Nursing Act.
17 (cc) "Official prescription blanks" means the triplicate
18 prescription forms supplied to prescribers by the Department
19 for prescribing Schedule II Designated Product controlled
20 substances.
21 (dd) "Opiate" means any substance having an addiction
22 forming or addiction sustaining liability similar to morphine
23 or being capable of conversion into a drug having addiction
24 forming or addiction sustaining liability.
25 (ee) "Opium poppy" means the plant of the species
26 Papaver somniferum L., except its seeds.
27 (ff) "Parole and Pardon Board" means the Parole and
28 Pardon Board of the State of Illinois or its successor
29 agency.
30 (gg) "Person" means any individual, corporation,
31 mail-order pharmacy, government or governmental subdivision
32 or agency, business trust, estate, trust, partnership or
33 association, or any other entity.
34 (hh) "Pharmacist" means any person who holds a
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1 certificate of registration as a registered pharmacist, a
2 local registered pharmacist or a registered assistant
3 pharmacist under the Pharmacy Practice Act of 1987.
4 (ii) "Pharmacy" means any store, ship or other place in
5 which pharmacy is authorized to be practiced under the
6 Pharmacy Practice Act of 1987.
7 (jj) "Poppy straw" means all parts, except the seeds, of
8 the opium poppy, after mowing.
9 (kk) "Practitioner" means a physician licensed to
10 practice medicine in all its branches, dentist, podiatrist,
11 veterinarian, scientific investigator, pharmacist, physician
12 assistant, advanced practice nurse, licensed practical nurse,
13 registered nurse, hospital, laboratory, or pharmacy, or other
14 person licensed, registered, or otherwise lawfully permitted
15 by the United States or this State to distribute, dispense,
16 conduct research with respect to, administer or use in
17 teaching or chemical analysis, a controlled substance in the
18 course of professional practice or research.
19 (ll) "Pre-printed prescription" means a written
20 prescription upon which the designated drug has been
21 indicated prior to the time of issuance.
22 (mm) "Prescriber" means a physician licensed to practice
23 medicine in all its branches, dentist, podiatrist or
24 veterinarian who issues a prescription, a physician assistant
25 who issues a prescription for a Schedule III, IV, or V
26 controlled substance as delegated by a physician licensed to
27 practice medicine in all its branches in accordance with the
28 written guidelines required under Section 7.5 of the
29 Physician Assistant Practice Act of 1987, or an advanced
30 practice nurse with prescriptive authority, as delegated by a
31 physician licensed to practice medicine in all its branches,
32 in accordance with a written collaborative agreement under
33 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
34 Nursing Act.
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1 (nn) "Prescription" means a lawful written, facsimile,
2 or verbal order of a physician licensed to practice medicine
3 in all its branches, dentist, podiatrist or veterinarian for
4 any controlled substance, of a physician assistant for a
5 Schedule III, IV, or V controlled substance as delegated by a
6 physician licensed to practice medicine in all its branches
7 in accordance with the written guidelines required under
8 Section 7.5 of the Physician Assistant Practice Act of 1987,
9 or of an advanced practice nurse who issues a prescription
10 for a Schedule III, IV, or V controlled substance, pursuant
11 to prescriptive authority delegated by a physician licensed
12 to practice medicine in all its branches, in accordance with
13 a written collaborative agreement under Sections 15-15 and
14 15-20 of the Nursing and Advanced Practice Nursing Act.
15 (oo) "Production" or "produce" means manufacture,
16 planting, cultivating, growing, or harvesting of a controlled
17 substance.
18 (pp) "Registrant" means every person who is required to
19 register under Section 302 of this Act.
20 (qq) "Registry number" means the number assigned to each
21 person authorized to handle controlled substances under the
22 laws of the United States and of this State.
23 (rr) "State" includes the State of Illinois and any
24 state, district, commonwealth, territory, insular possession
25 thereof, and any area subject to the legal authority of the
26 United States of America.
27 (ss) "Ultimate user" means a person who lawfully
28 possesses a controlled substance for his own use or for the
29 use of a member of his household or for administering to an
30 animal owned by him or by a member of his household.
31 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97;
32 90-116, eff. 7-14-97; 90-742, eff. 8-13-98.)
33 (720 ILCS 570/316 new)
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1 Sec. 316. Animal control facility and animal shelter
2 registration.
3 (a) An animal shelter or animal control facility may
4 apply to the Department of Professional Regulation for
5 registration pursuant to the applicable provisions of this
6 Act for the sole purpose of being authorized to purchase,
7 possess, and administer sodium pentobarbital to euthanize
8 injured, sick, homeless, or unwanted domestic pets and
9 animals. Any animal shelter or animal control facility so
10 registered shall not permit a person to administer sodium
11 pentobarbital unless the person has demonstrated adequate
12 knowledge of the potential hazards and proper techniques to
13 be used in administering this drug.
14 The Department of Professional Regulation may issue a
15 limited registration to carry out the provisions of this
16 Section. The Department of Professional Regulation shall
17 promulgate rules that it deems necessary to insure strict
18 compliance with the provisions of this Section. The
19 Department of Professional Regulation may suspend or revoke
20 registration upon determination that the person administering
21 sodium pentobarbital has not demonstrated adequate knowledge
22 as provided in this subsection (a). This authority is
23 granted in addition to any other power to suspend or revoke
24 registration as provided by law.
25 (b) Animal shelters and animal control facilities
26 registered with the Department of Professional Regulation
27 under this Act and authorized to euthanize animals may
28 purchase, possess, and administer approved legend drugs for
29 the sole purpose of sedating animals prior to euthanasia,
30 when necessary, and for use in chemical capture programs.
31 For the purposes of this Section, "approved legend drugs"
32 means those legend drugs designated by the Department of
33 Professional Regulation by rule as being approved for use by
34 animal shelters and animal control facilities for animal
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1 sedating or capture and does not include any substance
2 regulated under this Act. Any animal shelter or animal
3 control facility so registered shall not permit persons to
4 administer any legend drugs unless the person has
5 demonstrated to the satisfaction of the Department of
6 Professional Regulation adequate knowledge of the potential
7 hazards involved in and the proper techniques to be used in
8 administering the drugs.
9 The Department of Professional Regulation shall
10 promulgate rules to regulate the purchase, possession, and
11 administration of legend drugs by animal shelters and animal
12 control facilities and to insure strict compliance with the
13 provisions of this Section. These rules shall require that
14 the storage, inventory control, administration, and
15 recordkeeping for approved legend drugs conform to the
16 standards adopted by the Department of Professional
17 Regulation under this Act to regulate the use of controlled
18 substances by animal shelters and animal control facilities.
19 The Department of Professional Regulation may suspend or
20 revoke a registration under this Act upon determination by
21 the Department of Professional Regulation that the person
22 administering legend drugs has not demonstrated adequate
23 knowledge as provided in this subsection (b). This authority
24 is granted in addition to any other power to suspend or
25 revoke a registration as provided by law.