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92_HB2391
LRB9205784LBpc
1 AN ACT concerning animal control.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Humane Euthanasia in Animal Shelters Act.
6 Section 5. Definitions. The following terms have the
7 meanings indicated, unless the context requires otherwise:
8 "Animal" means any bird, fish, reptile, or mammal other
9 than man.
10 "Board" means the Veterinary Licensing and Disciplinary
11 Board.
12 "DEA" means the United States Department of Justice Drug
13 Enforcement Administration.
14 "Department" means the Department of Professional
15 Regulation.
16 "Director" means the Director of the Department of
17 Professional Regulation.
18 "Euthanasia agency" means a law enforcement agency, an
19 animal control agency or animal shelter licensed under the
20 Animal Welfare Act, a duly incorporated humane society, or a
21 society for the prevention of cruelty to animals, that has
22 been inspected and certified by the Department.
23 "Euthanasia drugs" means sodium pentobarbital or any
24 other Schedule III or Schedule II narcotic or non-narcotic
25 euthanasia drug indicated for animal euthanasia, as defined
26 by the Illinois Controlled Substances Act, that has first
27 been approved in writing for use by the Federal Drug
28 Authority, the Department, the Euthanasia Task Force, and the
29 Board.
30 "Euthanasia technician" means a person employed by a
31 euthanasia agency or working under the direct supervision of
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1 a veterinarian and who is certified by the Department.
2 "Euthanasia Task Force" means a task force established by
3 the Board for the purposes of training, examining, and
4 inspecting euthanasia agencies and euthanasia technicians.
5 "Veterinarian" means a person holding the degree of
6 Doctor of Veterinary Medicine who is licensed under the
7 Veterinary Medicine and Surgery Practice Act of 1994.
8 Section 10. Euthanasia Task Force.
9 (a) A Euthanasia Task Force shall be established by the
10 Board for the purposes of training and examining euthanasia
11 agencies and euthanasia technicians and for annually
12 inspecting euthanasia agencies.
13 (b) The membership of the Euthanasia Task Force shall
14 consist of no fewer than 16 members appointed by the Board
15 and shall include at least one member of the Board. New
16 members shall be nominated by either the Board or the
17 Euthanasia Task Force and shall be confirmed by the Board.
18 Applicants for a position on the Euthanasia Task Force shall
19 be euthanasia technicians employed by a euthanasia agency or
20 a veterinarian.
21 (c) Each member of the Euthanasia Task Force shall serve
22 for 2 years, upon the approval of the Board, but may be
23 removed for just cause. A Euthanasia Task Force member may
24 be reappointed. If there is a vacancy for any cause, the
25 Euthanasia Task Force shall nominate and the Board shall
26 confirm a successor to fill the unexpired term.
27 (d) Each member of the Euthanasia Task Force shall be
28 entitled to receive a per diem stipend at a rate set by the
29 Director and shall be reimbursed for all authorized expenses
30 incurred in the exercise of his or her duties.
31 (e) The duties of the Euthanasia Task Force members
32 shall include all of the following:
33 (1) coordinating and providing euthanasia training
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1 classes (which may be done with the aid of the Illinois
2 Federation of Humane Societies, the Illinois State
3 Veterinary Medical Association or other appropriate
4 entities) twice yearly or as needed;
5 (2) inspecting and certifying euthanasia agencies;
6 (3) reviewing the applications, records,
7 performance, methods, and procedures used by euthanasia
8 agencies and persons seeking to be certified or to renew
9 their certification as a euthanasia agency or euthanasia
10 technician;
11 (4) conducting written and practical examinations
12 for applicants applying for certification, and
13 authorizing certification through the Board; and
14 (5) recommending that the Board suspend or revoke
15 certifications when necessary.
16 (f) The Euthanasia Task Force shall develop training
17 sessions and materials that include all of the following
18 topics:
19 (1) the theory and history of euthanasia methods;
20 (2) animal anatomy and physiology;
21 (3) proper animal handling to ease trauma and
22 stress;
23 (4) dosages of chemical agents, record keeping and
24 documentation of usage, storage, handling, and disposal
25 of expired drugs in accordance with the Illinois
26 Controlled Substances Act;
27 (5) proper injection techniques; and
28 (6) confirmation of death
29 (g) One or more Euthanasia Task Force members shall
30 visit each euthanasia agency at least once every 3 years, and
31 shall require a satisfactory demonstration, either practical
32 or written, of the skill of the euthanasia technicians
33 employed by the euthanasia agency.
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1 Section 15. Agency certification.
2 (a) In order to be certified to purchase and possess
3 approved drugs, euthanasia agencies shall be inspected by a
4 member of the Euthanasia Task Force and shall demonstrate
5 that the euthanasia agency meets all of the following
6 criteria:
7 (1) Approved drugs are kept in a securely locked
8 cabinet or a metal safe when not in use. A temporary
9 storage cabinet may be used when a euthanasia technician
10 is on duty and animals are being euthanized during the
11 workday. The cabinet shall be constructed of strong
12 material and shall be securely locked. The key to this
13 cabinet shall be available only to veterinarians or
14 euthanasia technicians.
15 (2) Approved drugs are properly labeled and include
16 all of the information required by State and federal
17 law.
18 (3) All records are filed in chronological order in
19 a binder that is labeled with the name of the agency and
20 that is maintained for 3 years. The euthanasia agency
21 shall submit a copy of its records to the Euthanasia Task
22 Force on an annual basis.
23 (4) The conditions of the site shall be properly
24 constructed and maintained including, without limitation,
25 proper disposal of medical waste, regular cleaning and
26 disinfecting, bright and even lighting, an air
27 temperature range that is reasonably comfortable for
28 personnel and animals, and an adequate ventilation
29 system.
30 (b) A certification may be renewed upon the successful
31 completion of a facility inspection by a Euthanasia Task
32 Force member and the payment of the annual renewal fee.
33 (c) The euthanasia agency shall notify the Board in
34 writing within 30 days of the time that the employment of a
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1 euthanasia technician is terminated from the euthanasia
2 agency.
3 Section 20. Technician certification; duties.
4 (a) Euthanasia technicians shall have had instruction in
5 the proper methods of humane euthanasia, animal anatomy and
6 physiology, proper animal handling, confirmation of death in
7 an animal, security, record keeping, and any other skills
8 that are deemed necessary by the Board. In addition,
9 euthanasia technicians shall have additional training in the
10 proper use and handling of approved restraint drugs and
11 equipment.
12 (b) Technicians shall be given a written examination
13 following 15 hours of euthanasia training. Technicians who
14 pass the written examination will be eligible for the
15 practical examination for certification as euthanasia
16 technicians.
17 (c) Applicants for euthanasia technician positions shall
18 be at least 18 years of age and shall demonstrate proficiency
19 in humane euthanasia standards, which shall be demonstrated
20 in the presence of one or more Euthanasia Task Force members,
21 after the animals have been scanned for microchips. Humane
22 euthanasia standards shall include:
23 (1) Proper performance of intravenous injections on
24 dogs and intraperitoneal injections on both dogs and
25 cats. Intracardiac injections shall not be required and
26 are to be performed only on anaesthetized, heavily
27 sedated, and comatose animals. Oral administration of
28 approved drugs is permitted for any animal that cannot be
29 captured or restrained without serious danger to human
30 safety.
31 (2) Proper record keeping, including the species
32 and approximate weight of each animal administered a
33 drug, the amount of the drug that was administered, and
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1 the signature of the euthanasia technician who
2 administered the drug.
3 (3) Understanding and concern for the needs of
4 individual animals. The use of control sticks, squeeze
5 gates, nets and squeeze cages, or other restraint devices
6 shall be limited to fractious, feral, vicious or
7 dangerous animals. Control sticks shall never be used on
8 cats, except in such extreme cases where no other
9 sedation methods can be used.
10 (4) Knowledge and the ability to verify death by
11 using a cardiac puncture or a stethoscope or by
12 recognizing the signs of rigor mortis.
13 (d) An applicant shall not be certified as a euthanasia
14 technician until such time as the applicant has demonstrated
15 proficiency in the practical examination that shall be
16 conducted following the applicant having satisfactorily
17 passed the written exam. Certification and renewal
18 examinations shall be conducted every 3 years.
19 (e) Notwithstanding the provisions of subsection (b) of
20 this Section, an applicant who has passed the written exam
21 may serve as a euthanasia technician under the direct
22 supervision of a veterinarian or euthanasia technician until
23 the next training course and practical exam are conducted by
24 a Euthanasia Task Force member.
25 (f) Upon termination from a euthanasia agency, a
26 euthanasia technician shall not perform animal euthanasia
27 until he or she is employed by another certified euthanasia
28 agency.
29 (g) Euthanasia agency certifications and euthanasia
30 technician certifications expire 36 months from the date of
31 issuance. Euthanasia agency and euthanasia technician
32 certifications may be renewed upon the successful completion
33 of a written or practical examination to be administered by
34 the Euthanasia Task Force and payment of the annual renewal
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1 fee.
2 (h) The duties of a euthanasia technician shall include
3 but are not limited to:
4 (1) preparing animals for euthanasia and scanning
5 for microchips;
6 (2) accurately recording the dosages administered
7 and the amount of drugs wasted;
8 (3) ordering supplies;
9 (4) maintaining the security of all controlled
10 substances and drugs;
11 (5) humanely euthanizing animals; and
12 (6) properly disposing of euthanized animals after
13 verification of death.
14 (i) A certified euthanasia technician does not engage in
15 the practice of veterinary medicine when performing duties
16 set forth in this Act.
17 (j) Discipline shall be imposed for one or any
18 combination of the following, without limitation:
19 (1) failing to carry out the duties of a euthanasia
20 technician;
21 (2) abusing the use of any chemical substance;
22 (3) selling, stealing, or giving chemical
23 substances away;
24 (4) abetting anyone in the activities listed in
25 this subsection (j);
26 (5) euthanizing animals without proper supervision
27 while on a probationary status; or
28 (6) violating any provision of this Act, the
29 Illinois Controlled Substances Act, the rules adopted
30 under these Acts or any rules adopted by the Department
31 of Professional Regulation concerning the euthanizing of
32 animals.
33 (k) A violation of any of the provisions of subsection
34 (j) of this Section shall be grounds for the suspension or
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1 revocation of the certification.
2 (l) All fees shall be paid prior to training,
3 examination, certification, and renewal. Fees collected
4 under this Act are nonrefundable.
5 Section 25. Grandfathering provision. The Department
6 may issue certification to a euthanasia technician who
7 presents proof in a manner established by the Department that
8 he or she has been licensed or certified by the American
9 Humane Association, the National Animal Control Association,
10 the Humane Society of Illinois, the Illinois Federation of
11 Humane Societies, or the United States Humane Society, within
12 the 5 years preceding the effective date of this Act.
13 Section 30. Reciprocity. An applicant, who is a
14 euthanasia technician registered or licensed under the laws
15 of another state or territory of the United States that has
16 requirements that are substantially similar to the
17 requirements of this Act, may be granted certification as a
18 euthanasia technician in this State without examination, upon
19 presenting satisfactory proof to the Department that the
20 applicant has been engaged in the practice of euthanasia for
21 a period of not less than one year and upon payment of the
22 required fee.
23 Section 35. Procedures for euthanasia.
24 (a) Only euthanasia drugs and commercially compressed
25 carbon monoxide, subject to the limitations imposed under
26 subsection (b) of this Section, shall be used for the purpose
27 of humanely euthanizing injured, sick, homeless, or unwanted
28 companion animals in an animal shelter or an animal control
29 agency.
30 (b) Commercially compressed carbon monoxide may be used
31 as a permitted method of euthanasia provided that it is
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1 performed in a commercially manufactured chamber pursuant to
2 the guidelines set forth in the most recent report of the
3 AVMA Panel on Euthanasia. Different species of animals shall
4 not be placed in the chamber together. The chamber shall
5 never be overcrowded and each animal shall be able to make
6 normal postural adjustments. A chamber that is designed to
7 euthanize more than one animal at a time must be equipped
8 with independent sections or cages to separate incompatible
9 animals. The interior of the chamber must be well lit and
10 equipped with view-ports, a regulator, and a flow meter.
11 Monitoring equipment must be used at all times during the
12 operation. Animals that are under 4 months of age, old,
13 injured, or sick may not be euthanized by carbon monoxide.
14 Animals shall remain in the chamber and be exposed for a
15 minimum of 20 minutes. Confirmation of death shall be
16 determined for each animal via cardiac puncture, use of a
17 stethoscope to verify lack of respiration or cardiac
18 activity, or by observation of rigor mortis. The animals
19 shall be disposed of in accordance with the Illinois Dead
20 Animal Disposal Act. The chamber shall be cleaned thoroughly
21 after each use. Staff members shall be fully notified of
22 potential health risks.
23 Section 40. Procurement and administration of approved
24 drugs.
25 (a) A euthanasia agency may directly obtain approved
26 drugs for the euthanization of animals and a euthanasia
27 technician may administer the drugs, provided that the
28 following procedures are adhered to:
29 (1) A euthanasia agency shall appoint a person who
30 will be responsible for ordering the approved drugs and
31 who shall submit an application for the agency's
32 registration as a euthanasia agency practitioner to the
33 DEA. The euthanasia agency shall also designate a
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1 euthanasia technician who shall be responsible for the
2 security of the agency's approved drugs.
3 (2) A designated euthanasia technician shall apply
4 for a controlled substance license from the Department
5 under the designee's name and using the euthanasia
6 agency's DEA registration number.
7 (b) After the euthanasia agency has received a DEA
8 registration number and the designated euthanasia technician
9 has received a controlled substance license from the
10 Department, the authorizing agency may order and purchase any
11 approved drugs.
12 (c) Euthanasia technicians employed by euthanasia
13 agencies and registered with the Department may perform
14 euthanasia by the administration of approved drugs.
15 Section 45. Unacceptable agents. Unacceptable
16 euthanasia agents for use in animal shelter or animal control
17 facilities are those physical or chemical agents or chambers
18 that are not authorized under this Act including, but not
19 limited to, a chloroform chamber, a decompression chamber, a
20 non-penetrating captive bolt, physical or electrical
21 stunning, injection of an air embolism, exsanguination,
22 rapid freezing, drowning, succinylcholine chloride, nicotine,
23 chloral hydrate, magnesium sulfate, cyanide, and strychnine.
24 Section 50. Inspection deficiencies. If there are
25 inspection deficiencies with either a euthanizing agency or a
26 euthanasia technician, a Euthanasia Task Force member shall
27 document in writing the areas where correction is needed.
28 The euthanizing agency or the euthanasia technician shall
29 make the necessary corrections within 30 days of receipt of
30 notice of deficiency and a Euthanasia Task Force member shall
31 re-inspect within 90 days of the date of the initial notice
32 of deficiency. If the deficiency has not been corrected, the
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1 certification may be suspended or revoked by the Euthanasia
2 Task Force. If a certification is revoked, the Euthanasia
3 Task Force shall so notify the Department and the euthasia
4 performed at the facility must be performed by a veterinarian
5 or the animals must be transported to another certified
6 euthanasia agency.
7 Section 55. Violations. Any person practicing as a
8 euthanasia technician and any agency operating as a
9 euthanasia agency without possessing a valid certification or
10 a temporary permit is in violation of this Act and may be
11 subject to all the penalties provided under this Act.
12 Section 60. Exemption from liability. An instructor of
13 euthanasia techniques or a veterinarian who engages in the
14 instructing of euthanasia technicians, in a course approved
15 by the Department, shall not incur any civil or criminal
16 liability for any subsequent misuse or malpractice of a
17 euthanasia technician who has attended the course.
18 Section 65. Penalties.
19 (a) In addition to any other penalty provided by law, a
20 person who violates any provision of this Act shall pay a
21 civil penalty in an amount not to exceed $5,000 for each
22 offense as determined by the Department.
23 (b) The Department has the authority to investigate all
24 uncertified euthanasia activity.
25 (c) The civil penalty shall be paid within 60 days after
26 the effective date of the order imposing civil penalty. The
27 order shall constitute a judgement and may be filed and
28 executed in the same manner as any judgement from any court
29 of record.
30 (d) All monies collected under this Section shall be
31 deposited into the Professional Regulation Evidence Fund.
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1 Section 70. The Illinois Controlled Substances Act is
2 amended by changing Section 102 and adding Section 321 as
3 follows:
4 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
5 Sec. 102. Definitions. As used in this Act, unless the
6 context otherwise requires:
7 (a) "Addict" means any person who habitually uses any
8 drug, chemical, substance or dangerous drug other than
9 alcohol so as to endanger the public morals, health, safety
10 or welfare or who is so far addicted to the use of a
11 dangerous drug or controlled substance other than alcohol as
12 to have lost the power of self control with reference to his
13 addiction.
14 (b) "Administer" means the direct application of a
15 controlled substance, whether by injection, inhalation,
16 ingestion, or any other means, to the body of a patient or
17 research subject by:
18 (1) a practitioner (or, in his presence, by his
19 authorized agent), or
20 (2) the patient or research subject at the lawful
21 direction of the practitioner.
22 (c) "Agent" means an authorized person who acts on
23 behalf of or at the direction of a manufacturer, distributor,
24 or dispenser. It does not include a common or contract
25 carrier, public warehouseman or employee of the carrier or
26 warehouseman.
27 (c-1) "Anabolic Steroids" means any drug or hormonal
28 substance, chemically and pharmacologically related to
29 testosterone (other than estrogens, progestins, and
30 corticosteroids) that promotes muscle growth, and includes:
31 (i) boldenone,
32 (ii) chlorotestosterone,
33 (iii) chostebol,
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1 (iv) dehydrochlormethyltestosterone,
2 (v) dihydrotestosterone,
3 (vi) drostanolone,
4 (vii) ethylestrenol,
5 (viii) fluoxymesterone,
6 (ix) formebulone,
7 (x) mesterolone,
8 (xi) methandienone,
9 (xii) methandranone,
10 (xiii) methandriol,
11 (xiv) methandrostenolone,
12 (xv) methenolone,
13 (xvi) methyltestosterone,
14 (xvii) mibolerone,
15 (xviii) nandrolone,
16 (xix) norethandrolone,
17 (xx) oxandrolone,
18 (xxi) oxymesterone,
19 (xxii) oxymetholone,
20 (xxiii) stanolone,
21 (xxiv) stanozolol,
22 (xxv) testolactone,
23 (xxvi) testosterone,
24 (xxvii) trenbolone, and
25 (xxviii) any salt, ester, or isomer of a drug
26 or substance described or listed in this paragraph,
27 if that salt, ester, or isomer promotes muscle
28 growth.
29 Any person who is otherwise lawfully in possession of an
30 anabolic steroid, or who otherwise lawfully manufactures,
31 distributes, dispenses, delivers, or possesses with intent to
32 deliver an anabolic steroid, which anabolic steroid is
33 expressly intended for and lawfully allowed to be
34 administered through implants to livestock or other nonhuman
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1 species, and which is approved by the Secretary of Health and
2 Human Services for such administration, and which the person
3 intends to administer or have administered through such
4 implants, shall not be considered to be in unauthorized
5 possession or to unlawfully manufacture, distribute,
6 dispense, deliver, or possess with intent to deliver such
7 anabolic steroid for purposes of this Act.
8 (d) "Administration" means the Drug Enforcement
9 Administration, United States Department of Justice, or its
10 successor agency.
11 (d-5) "Animal control facility" means any facility
12 operated by or under contract for the State, county, or any
13 municipal corporation or political subdivision of the State
14 for the purpose of impounding or harboring seized, stray,
15 homeless, abandoned, or unwanted dogs, cats, and other
16 animals. "Animal control facility" also means any veterinary
17 hospital or clinic operated by one or more veterinarians
18 licensed under the Veterinary Medicine and Surgery Practice
19 Act of 1994 that operates for that purpose in addition to its
20 customary purposes.
21 (d-10) "Animal shelter" means a facility operated,
22 owned, or maintained by a duly incorporated humane society,
23 animal welfare society, or other non-profit organization for
24 the purpose of providing for and promoting the welfare,
25 protection, and humane treatment of animals. "Animal
26 shelter" also means any veterinary hospital or clinic
27 operated by one or more veterinarians licensed under the
28 Veterinary Medicine and Surgery Practice Act of 1994 that
29 operates for that purpose in addition to its customary
30 purposes.
31 (e) "Control" means to add a drug or other substance, or
32 immediate precursor, to a Schedule under Article II of this
33 Act whether by transfer from another Schedule or otherwise.
34 (f) "Controlled Substance" means a drug, substance, or
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1 immediate precursor in the Schedules of Article II of this
2 Act.
3 (g) "Counterfeit substance" means a controlled
4 substance, which, or the container or labeling of which,
5 without authorization bears the trademark, trade name, or
6 other identifying mark, imprint, number or device, or any
7 likeness thereof, of a manufacturer, distributor, or
8 dispenser other than the person who in fact manufactured,
9 distributed, or dispensed the substance.
10 (h) "Deliver" or "delivery" means the actual,
11 constructive or attempted transfer of possession of a
12 controlled substance, with or without consideration, whether
13 or not there is an agency relationship.
14 (i) "Department" means the Illinois Department of Human
15 Services (as successor to the Department of Alcoholism and
16 Substance Abuse) or its successor agency.
17 (j) "Department of State Police" means the Department of
18 State Police of the State of Illinois or its successor
19 agency.
20 (k) "Department of Corrections" means the Department of
21 Corrections of the State of Illinois or its successor agency.
22 (l) "Department of Professional Regulation" means the
23 Department of Professional Regulation of the State of
24 Illinois or its successor agency.
25 (m) "Depressant" or "stimulant substance" means:
26 (1) a drug which contains any quantity of (i)
27 barbituric acid or any of the salts of barbituric acid
28 which has been designated as habit forming under section
29 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
30 U.S.C. 352 (d)); or
31 (2) a drug which contains any quantity of (i)
32 amphetamine or methamphetamine and any of their optical
33 isomers; (ii) any salt of amphetamine or methamphetamine
34 or any salt of an optical isomer of amphetamine; or (iii)
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1 any substance which the Department, after investigation,
2 has found to be, and by rule designated as, habit forming
3 because of its depressant or stimulant effect on the
4 central nervous system; or
5 (3) lysergic acid diethylamide; or
6 (4) any drug which contains any quantity of a
7 substance which the Department, after investigation, has
8 found to have, and by rule designated as having, a
9 potential for abuse because of its depressant or
10 stimulant effect on the central nervous system or its
11 hallucinogenic effect.
12 (n) (Blank).
13 (o) "Director" means the Director of the Department of
14 State Police or the Department of Professional Regulation or
15 his designated agents.
16 (p) "Dispense" means to deliver a controlled substance
17 to an ultimate user or research subject by or pursuant to the
18 lawful order of a prescriber, including the prescribing,
19 administering, packaging, labeling, or compounding necessary
20 to prepare the substance for that delivery.
21 (q) "Dispenser" means a practitioner who dispenses.
22 (r) "Distribute" means to deliver, other than by
23 administering or dispensing, a controlled substance.
24 (s) "Distributor" means a person who distributes.
25 (t) "Drug" means (1) substances recognized as drugs in
26 the official United States Pharmacopoeia, Official
27 Homeopathic Pharmacopoeia of the United States, or official
28 National Formulary, or any supplement to any of them; (2)
29 substances intended for use in diagnosis, cure, mitigation,
30 treatment, or prevention of disease in man or animals; (3)
31 substances (other than food) intended to affect the structure
32 of any function of the body of man or animals and (4)
33 substances intended for use as a component of any article
34 specified in clause (1), (2), or (3) of this subsection. It
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1 does not include devices or their components, parts, or
2 accessories.
3 (t-5) "Euthanasia drugs" means sodium pentobarbital or
4 any other Schedule III or Schedule II narcotic or
5 non-narcotic euthanasia drug indicated for animal euthanasia,
6 that has first been approved in writing for use by the
7 Federal Drug Authority, the Department, the Euthanasia Task
8 Force, and the Board.
9 (u) "Good faith" means the prescribing or dispensing of
10 a controlled substance by a practitioner in the regular
11 course of professional treatment to or for any person who is
12 under his treatment for a pathology or condition other than
13 that individual's physical or psychological dependence upon
14 or addiction to a controlled substance, except as provided
15 herein: and application of the term to a pharmacist shall
16 mean the dispensing of a controlled substance pursuant to the
17 prescriber's order which in the professional judgment of the
18 pharmacist is lawful. The pharmacist shall be guided by
19 accepted professional standards including, but not limited to
20 the following, in making the judgment:
21 (1) lack of consistency of doctor-patient
22 relationship,
23 (2) frequency of prescriptions for same drug by one
24 prescriber for large numbers of patients,
25 (3) quantities beyond those normally prescribed,
26 (4) unusual dosages,
27 (5) unusual geographic distances between patient,
28 pharmacist and prescriber,
29 (6) consistent prescribing of habit-forming drugs.
30 (u-1) "Home infusion services" means services provided
31 by a pharmacy in compounding solutions for direct
32 administration to a patient in a private residence, long-term
33 care facility, or hospice setting by means of parenteral,
34 intravenous, intramuscular, subcutaneous, or intraspinal
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1 infusion.
2 (v) "Immediate precursor" means a substance:
3 (1) which the Department has found to be and by
4 rule designated as being a principal compound used, or
5 produced primarily for use, in the manufacture of a
6 controlled substance;
7 (2) which is an immediate chemical intermediary
8 used or likely to be used in the manufacture of such
9 controlled substance; and
10 (3) the control of which is necessary to prevent,
11 curtail or limit the manufacture of such controlled
12 substance.
13 (w) "Instructional activities" means the acts of
14 teaching, educating or instructing by practitioners using
15 controlled substances within educational facilities approved
16 by the State Board of Education or its successor agency.
17 (x) "Local authorities" means a duly organized State,
18 County or Municipal peace unit or police force.
19 (y) "Look-alike substance" means a substance, other than
20 a controlled substance which (1) by overall dosage unit
21 appearance, including shape, color, size, markings or lack
22 thereof, taste, consistency, or any other identifying
23 physical characteristic of the substance, would lead a
24 reasonable person to believe that the substance is a
25 controlled substance, or (2) is expressly or impliedly
26 represented to be a controlled substance or is distributed
27 under circumstances which would lead a reasonable person to
28 believe that the substance is a controlled substance. For the
29 purpose of determining whether the representations made or
30 the circumstances of the distribution would lead a reasonable
31 person to believe the substance to be a controlled substance
32 under this clause (2) of subsection (y), the court or other
33 authority may consider the following factors in addition to
34 any other factor that may be relevant:
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1 (a) statements made by the owner or person in
2 control of the substance concerning its nature, use or
3 effect;
4 (b) statements made to the buyer or recipient that
5 the substance may be resold for profit;
6 (c) whether the substance is packaged in a manner
7 normally used for the illegal distribution of controlled
8 substances;
9 (d) whether the distribution or attempted
10 distribution included an exchange of or demand for money
11 or other property as consideration, and whether the
12 amount of the consideration was substantially greater
13 than the reasonable retail market value of the substance.
14 Clause (1) of this subsection (y) shall not apply to a
15 noncontrolled substance in its finished dosage form that was
16 initially introduced into commerce prior to the initial
17 introduction into commerce of a controlled substance in its
18 finished dosage form which it may substantially resemble.
19 Nothing in this subsection (y) prohibits the dispensing
20 or distributing of noncontrolled substances by persons
21 authorized to dispense and distribute controlled substances
22 under this Act, provided that such action would be deemed to
23 be carried out in good faith under subsection (u) if the
24 substances involved were controlled substances.
25 Nothing in this subsection (y) or in this Act prohibits
26 the manufacture, preparation, propagation, compounding,
27 processing, packaging, advertising or distribution of a drug
28 or drugs by any person registered pursuant to Section 510 of
29 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
30 (y-1) "Mail-order pharmacy" means a pharmacy that is
31 located in a state of the United States, other than Illinois,
32 that delivers, dispenses or distributes, through the United
33 States Postal Service or other common carrier, to Illinois
34 residents, any substance which requires a prescription.
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1 (z) "Manufacture" means the production, preparation,
2 propagation, compounding, conversion or processing of a
3 controlled substance, either directly or indirectly, by
4 extraction from substances of natural origin, or
5 independently by means of chemical synthesis, or by a
6 combination of extraction and chemical synthesis, and
7 includes any packaging or repackaging of the substance or
8 labeling of its container, except that this term does not
9 include:
10 (1) by an ultimate user, the preparation or
11 compounding of a controlled substance for his own use; or
12 (2) by a practitioner, or his authorized agent
13 under his supervision, the preparation, compounding,
14 packaging, or labeling of a controlled substance:
15 (a) as an incident to his administering or
16 dispensing of a controlled substance in the course
17 of his professional practice; or
18 (b) as an incident to lawful research,
19 teaching or chemical analysis and not for sale.
20 (z-1) "Methamphetamine manufacturing chemical" means any
21 of the following chemicals or substances containing any of
22 the following chemicals: benzyl methyl ketone, ephedrine,
23 methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or
24 pseudoephedrine or any of the salts, optical isomers, or
25 salts of optical isomers of the above-listed chemicals.
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) (Blank).
18 (dd) "Opiate" means any substance having an addiction
19 forming or addiction sustaining liability similar to morphine
20 or being capable of conversion into a drug having addiction
21 forming or addiction sustaining liability.
22 (ee) "Opium poppy" means the plant of the species
23 Papaver somniferum L., except its seeds.
24 (ff) "Parole and Pardon Board" means the Parole and
25 Pardon Board of the State of Illinois or its successor
26 agency.
27 (gg) "Person" means any individual, corporation,
28 mail-order pharmacy, government or governmental subdivision
29 or agency, business trust, estate, trust, partnership or
30 association, or any other entity.
31 (hh) "Pharmacist" means any person who holds a
32 certificate of registration as a registered pharmacist, a
33 local registered pharmacist or a registered assistant
34 pharmacist under the Pharmacy Practice Act of 1987.
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1 (ii) "Pharmacy" means any store, ship or other place in
2 which pharmacy is authorized to be practiced under the
3 Pharmacy Practice Act of 1987.
4 (jj) "Poppy straw" means all parts, except the seeds, of
5 the opium poppy, after mowing.
6 (kk) "Practitioner" means a physician licensed to
7 practice medicine in all its branches, dentist, podiatrist,
8 veterinarian, scientific investigator, pharmacist, physician
9 assistant, advanced practice nurse, licensed practical nurse,
10 registered nurse, hospital, laboratory, or pharmacy, or other
11 person licensed, registered, or otherwise lawfully permitted
12 by the United States or this State to distribute, dispense,
13 conduct research with respect to, administer or use in
14 teaching or chemical analysis, a controlled substance in the
15 course of professional practice or research.
16 (ll) "Pre-printed prescription" means a written
17 prescription upon which the designated drug has been
18 indicated prior to the time of issuance.
19 (mm) "Prescriber" means a physician licensed to practice
20 medicine in all its branches, dentist, podiatrist or
21 veterinarian who issues a prescription, a physician assistant
22 who issues a prescription for a Schedule III, IV, or V
23 controlled substance in accordance with Section 303.05 and
24 the written guidelines required under Section 7.5 of the
25 Physician Assistant Practice Act of 1987, or an advanced
26 practice nurse with prescriptive authority in accordance with
27 Section 303.05 and a written collaborative agreement under
28 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
29 Nursing Act.
30 (nn) "Prescription" means a lawful written, facsimile,
31 or verbal order of a physician licensed to practice medicine
32 in all its branches, dentist, podiatrist or veterinarian for
33 any controlled substance, of a physician assistant for a
34 Schedule III, IV, or V controlled substance in accordance
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1 with Section 303.05 and the written guidelines required under
2 Section 7.5 of the Physician Assistant Practice Act of 1987,
3 or of an advanced practice nurse who issues a prescription
4 for a Schedule III, IV, or V controlled substance in
5 accordance with Section 303.05 and a written collaborative
6 agreement under Sections 15-15 and 15-20 of the Nursing and
7 Advanced Practice Nursing Act.
8 (oo) "Production" or "produce" means manufacture,
9 planting, cultivating, growing, or harvesting of a controlled
10 substance.
11 (pp) "Registrant" means every person who is required to
12 register under Section 302 of this Act.
13 (qq) "Registry number" means the number assigned to each
14 person authorized to handle controlled substances under the
15 laws of the United States and of this State.
16 (rr) "State" includes the State of Illinois and any
17 state, district, commonwealth, territory, insular possession
18 thereof, and any area subject to the legal authority of the
19 United States of America.
20 (ss) "Ultimate user" means a person who lawfully
21 possesses a controlled substance for his own use or for the
22 use of a member of his household or for administering to an
23 animal owned by him or by a member of his household.
24 (720 ILCS 570/321 new)
25 Sec. 321. Animal control facility and animal shelter
26 registration. An animal shelter or animal control facility
27 may apply to the Department of Professional Regulation for
28 registration as a euthanasia agency practitioner as provided
29 for in Section 40 for the sole purpose of being authorized to
30 purchase, possess, and administer the Schedule II drug sodium
31 pentobarbital and Schedule III drugs in a manufactured form
32 the sole use of which is to euthanize injured, sick,
33 homeless, or unwanted domestic pets and animals. Any animal
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1 shelter or animal control facility so registered shall not
2 permit a person to administer sodium pentobarbital or
3 Schedule III drugs unless the person has demonstrated
4 adequate knowledge of the potential hazards and proper
5 techniques to be used in administering this drug. The
6 Department of Professional Regulation shall promulgate rules
7 that it deems necessary to insure strict compliance with the
8 provisions of this Section. The Department of Professional
9 Regulation may suspend or revoke registration upon
10 determining that the person administering sodium
11 pentobarbital has not demonstrated adequate knowledge as
12 provided in this Section. This authority is granted in
13 addition to any other power to suspend or revoke registration
14 as provided by law.