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92_HB2391eng HB2391 Engrossed 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 HB2391 Engrossed -2- LRB9205784LBpc 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 HB2391 Engrossed -3- LRB9205784LBpc 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. HB2391 Engrossed -4- LRB9205784LBpc 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 HB2391 Engrossed -5- LRB9205784LBpc 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 HB2391 Engrossed -6- LRB9205784LBpc 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 restraint 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 HB2391 Engrossed -7- LRB9205784LBpc 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 HB2391 Engrossed -8- LRB9205784LBpc 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 Illinois Federation of Humane Societies, or the Humane 11 Society of the United States, within the 5 years preceding 12 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 HB2391 Engrossed -9- LRB9205784LBpc 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 HB2391 Engrossed -10- LRB9205784LBpc 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 HB2391 Engrossed -11- LRB9205784LBpc 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 euthanasia 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 Any veterinarian, who in good faith administers 19 euthanasia drugs to an animal in an animal control facility 20 or an animal shelter, has immunity from any liability, civil, 21 criminal, or otherwise, that may result from his or her 22 actions. For the purposes of any proceedings, civil or 23 criminal, the good faith of the veterinarian shall be 24 rebuttably presumed. 25 Section 65. Penalties. 26 (a) In addition to any other penalty provided by law, a 27 person who violates any provision of this Act shall pay a 28 civil penalty in an amount not to exceed $5,000 for each 29 offense as determined by the Department. 30 (b) The Department has the authority to investigate all 31 uncertified euthanasia activity. HB2391 Engrossed -12- LRB9205784LBpc 1 (c) The civil penalty shall be paid within 60 days after 2 the effective date of the order imposing civil penalty. The 3 order shall constitute a judgement and may be filed and 4 executed in the same manner as any judgement from any court 5 of record. 6 (d) All monies collected under this Section shall be 7 deposited into the Professional Regulation Evidence Fund. 8 Section 70. The Illinois Controlled Substances Act is 9 amended by changing Section 102 and adding Section 321 as 10 follows: 11 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) 12 Sec. 102. Definitions. As used in this Act, unless the 13 context otherwise requires: 14 (a) "Addict" means any person who habitually uses any 15 drug, chemical, substance or dangerous drug other than 16 alcohol so as to endanger the public morals, health, safety 17 or welfare or who is so far addicted to the use of a 18 dangerous drug or controlled substance other than alcohol as 19 to have lost the power of self control with reference to his 20 addiction. 21 (b) "Administer" means the direct application of a 22 controlled substance, whether by injection, inhalation, 23 ingestion, or any other means, to the body of a patient or 24 research subject by: 25 (1) a practitioner (or, in his presence, by his 26 authorized agent), or 27 (2) the patient or research subject at the lawful 28 direction of the practitioner. 29 (c) "Agent" means an authorized person who acts on 30 behalf of or at the direction of a manufacturer, distributor, 31 or dispenser. It does not include a common or contract 32 carrier, public warehouseman or employee of the carrier or HB2391 Engrossed -13- LRB9205784LBpc 1 warehouseman. 2 (c-1) "Anabolic Steroids" means any drug or hormonal 3 substance, chemically and pharmacologically related to 4 testosterone (other than estrogens, progestins, and 5 corticosteroids) that promotes muscle growth, and includes: 6 (i) boldenone, 7 (ii) chlorotestosterone, 8 (iii) chostebol, 9 (iv) dehydrochlormethyltestosterone, 10 (v) dihydrotestosterone, 11 (vi) drostanolone, 12 (vii) ethylestrenol, 13 (viii) fluoxymesterone, 14 (ix) formebulone, 15 (x) mesterolone, 16 (xi) methandienone, 17 (xii) methandranone, 18 (xiii) methandriol, 19 (xiv) methandrostenolone, 20 (xv) methenolone, 21 (xvi) methyltestosterone, 22 (xvii) mibolerone, 23 (xviii) nandrolone, 24 (xix) norethandrolone, 25 (xx) oxandrolone, 26 (xxi) oxymesterone, 27 (xxii) oxymetholone, 28 (xxiii) stanolone, 29 (xxiv) stanozolol, 30 (xxv) testolactone, 31 (xxvi) testosterone, 32 (xxvii) trenbolone, and 33 (xxviii) any salt, ester, or isomer of a drug 34 or substance described or listed in this paragraph, HB2391 Engrossed -14- LRB9205784LBpc 1 if that salt, ester, or isomer promotes muscle 2 growth. 3 Any person who is otherwise lawfully in possession of an 4 anabolic steroid, or who otherwise lawfully manufactures, 5 distributes, dispenses, delivers, or possesses with intent to 6 deliver an anabolic steroid, which anabolic steroid is 7 expressly intended for and lawfully allowed to be 8 administered through implants to livestock or other nonhuman 9 species, and which is approved by the Secretary of Health and 10 Human Services for such administration, and which the person 11 intends to administer or have administered through such 12 implants, shall not be considered to be in unauthorized 13 possession or to unlawfully manufacture, distribute, 14 dispense, deliver, or possess with intent to deliver such 15 anabolic steroid for purposes of this Act. 16 (d) "Administration" means the Drug Enforcement 17 Administration, United States Department of Justice, or its 18 successor agency. 19 (d-5) "Animal control facility" means any facility 20 operated by or under contract for the State, county, or any 21 municipal corporation or political subdivision of the State 22 for the purpose of impounding or harboring seized, stray, 23 homeless, abandoned, or unwanted dogs, cats, and other 24 animals. "Animal control facility" also means any veterinary 25 hospital or clinic operated by one or more veterinarians 26 licensed under the Veterinary Medicine and Surgery Practice 27 Act of 1994 that operates for that purpose in addition to its 28 customary purposes. 29 (d-10) "Animal shelter" means a facility operated, 30 owned, or maintained by a duly incorporated humane society, 31 animal welfare society, or other non-profit organization for 32 the purpose of providing for and promoting the welfare, 33 protection, and humane treatment of animals. "Animal 34 shelter" also means any veterinary hospital or clinic HB2391 Engrossed -15- LRB9205784LBpc 1 operated by one or more veterinarians licensed under the 2 Veterinary Medicine and Surgery Practice Act of 1994 that 3 operates for that purpose in addition to its customary 4 purposes. 5 (e) "Control" means to add a drug or other substance, or 6 immediate precursor, to a Schedule under Article II of this 7 Act whether by transfer from another Schedule or otherwise. 8 (f) "Controlled Substance" means a drug, substance, or 9 immediate precursor in the Schedules of Article II of this 10 Act. 11 (g) "Counterfeit substance" means a controlled 12 substance, which, or the container or labeling of which, 13 without authorization bears the trademark, trade name, or 14 other identifying mark, imprint, number or device, or any 15 likeness thereof, of a manufacturer, distributor, or 16 dispenser other than the person who in fact manufactured, 17 distributed, or dispensed the substance. 18 (h) "Deliver" or "delivery" means the actual, 19 constructive or attempted transfer of possession of a 20 controlled substance, with or without consideration, whether 21 or not there is an agency relationship. 22 (i) "Department" means the Illinois Department of Human 23 Services (as successor to the Department of Alcoholism and 24 Substance Abuse) or its successor agency. 25 (j) "Department of State Police" means the Department of 26 State Police of the State of Illinois or its successor 27 agency. 28 (k) "Department of Corrections" means the Department of 29 Corrections of the State of Illinois or its successor agency. 30 (l) "Department of Professional Regulation" means the 31 Department of Professional Regulation of the State of 32 Illinois or its successor agency. 33 (m) "Depressant" or "stimulant substance" means: 34 (1) a drug which contains any quantity of (i) HB2391 Engrossed -16- LRB9205784LBpc 1 barbituric acid or any of the salts of barbituric acid 2 which has been designated as habit forming under section 3 502 (d) of the Federal Food, Drug, and Cosmetic Act (21 4 U.S.C. 352 (d)); or 5 (2) a drug which contains any quantity of (i) 6 amphetamine or methamphetamine and any of their optical 7 isomers; (ii) any salt of amphetamine or methamphetamine 8 or any salt of an optical isomer of amphetamine; or (iii) 9 any substance which the Department, after investigation, 10 has found to be, and by rule designated as, habit forming 11 because of its depressant or stimulant effect on the 12 central nervous system; or 13 (3) lysergic acid diethylamide; or 14 (4) any drug which contains any quantity of a 15 substance which the Department, after investigation, has 16 found to have, and by rule designated as having, a 17 potential for abuse because of its depressant or 18 stimulant effect on the central nervous system or its 19 hallucinogenic effect. 20 (n) (Blank). 21 (o) "Director" means the Director of the Department of 22 State Police or the Department of Professional Regulation or 23 his designated agents. 24 (p) "Dispense" means to deliver a controlled substance 25 to an ultimate user or research subject by or pursuant to the 26 lawful order of a prescriber, including the prescribing, 27 administering, packaging, labeling, or compounding necessary 28 to prepare the substance for that delivery. 29 (q) "Dispenser" means a practitioner who dispenses. 30 (r) "Distribute" means to deliver, other than by 31 administering or dispensing, a controlled substance. 32 (s) "Distributor" means a person who distributes. 33 (t) "Drug" means (1) substances recognized as drugs in 34 the official United States Pharmacopoeia, Official HB2391 Engrossed -17- LRB9205784LBpc 1 Homeopathic Pharmacopoeia of the United States, or official 2 National Formulary, or any supplement to any of them; (2) 3 substances intended for use in diagnosis, cure, mitigation, 4 treatment, or prevention of disease in man or animals; (3) 5 substances (other than food) intended to affect the structure 6 of any function of the body of man or animals and (4) 7 substances intended for use as a component of any article 8 specified in clause (1), (2), or (3) of this subsection. It 9 does not include devices or their components, parts, or 10 accessories. 11 (t-5) "Euthanasia drugs" means sodium pentobarbital or 12 any other Schedule III or Schedule II narcotic or 13 non-narcotic euthanasia drug indicated for animal euthanasia, 14 that has first been approved in writing for use by the 15 Federal Drug Authority, the Department, the Euthanasia Task 16 Force, and the Board. 17 (u) "Good faith" means the prescribing or dispensing of 18 a controlled substance by a practitioner in the regular 19 course of professional treatment to or for any person who is 20 under his treatment for a pathology or condition other than 21 that individual's physical or psychological dependence upon 22 or addiction to a controlled substance, except as provided 23 herein: and application of the term to a pharmacist shall 24 mean the dispensing of a controlled substance pursuant to the 25 prescriber's order which in the professional judgment of the 26 pharmacist is lawful. The pharmacist shall be guided by 27 accepted professional standards including, but not limited to 28 the following, in making the judgment: 29 (1) lack of consistency of doctor-patient 30 relationship, 31 (2) frequency of prescriptions for same drug by one 32 prescriber for large numbers of patients, 33 (3) quantities beyond those normally prescribed, 34 (4) unusual dosages, HB2391 Engrossed -18- LRB9205784LBpc 1 (5) unusual geographic distances between patient, 2 pharmacist and prescriber, 3 (6) consistent prescribing of habit-forming drugs. 4 (u-1) "Home infusion services" means services provided 5 by a pharmacy in compounding solutions for direct 6 administration to a patient in a private residence, long-term 7 care facility, or hospice setting by means of parenteral, 8 intravenous, intramuscular, subcutaneous, or intraspinal 9 infusion. 10 (v) "Immediate precursor" means a substance: 11 (1) which the Department has found to be and by 12 rule designated as being a principal compound used, or 13 produced primarily for use, in the manufacture of a 14 controlled substance; 15 (2) which is an immediate chemical intermediary 16 used or likely to be used in the manufacture of such 17 controlled substance; and 18 (3) the control of which is necessary to prevent, 19 curtail or limit the manufacture of such controlled 20 substance. 21 (w) "Instructional activities" means the acts of 22 teaching, educating or instructing by practitioners using 23 controlled substances within educational facilities approved 24 by the State Board of Education or its successor agency. 25 (x) "Local authorities" means a duly organized State, 26 County or Municipal peace unit or police force. 27 (y) "Look-alike substance" means a substance, other than 28 a controlled substance which (1) by overall dosage unit 29 appearance, including shape, color, size, markings or lack 30 thereof, taste, consistency, or any other identifying 31 physical characteristic of the substance, would lead a 32 reasonable person to believe that the substance is a 33 controlled substance, or (2) is expressly or impliedly 34 represented to be a controlled substance or is distributed HB2391 Engrossed -19- LRB9205784LBpc 1 under circumstances which would lead a reasonable person to 2 believe that the substance is a controlled substance. For the 3 purpose of determining whether the representations made or 4 the circumstances of the distribution would lead a reasonable 5 person to believe the substance to be a controlled substance 6 under this clause (2) of subsection (y), the court or other 7 authority may consider the following factors in addition to 8 any other factor that may be relevant: 9 (a) statements made by the owner or person in 10 control of the substance concerning its nature, use or 11 effect; 12 (b) statements made to the buyer or recipient that 13 the substance may be resold for profit; 14 (c) whether the substance is packaged in a manner 15 normally used for the illegal distribution of controlled 16 substances; 17 (d) whether the distribution or attempted 18 distribution included an exchange of or demand for money 19 or other property as consideration, and whether the 20 amount of the consideration was substantially greater 21 than the reasonable retail market value of the substance. 22 Clause (1) of this subsection (y) shall not apply to a 23 noncontrolled substance in its finished dosage form that was 24 initially introduced into commerce prior to the initial 25 introduction into commerce of a controlled substance in its 26 finished dosage form which it may substantially resemble. 27 Nothing in this subsection (y) prohibits the dispensing 28 or distributing of noncontrolled substances by persons 29 authorized to dispense and distribute controlled substances 30 under this Act, provided that such action would be deemed to 31 be carried out in good faith under subsection (u) if the 32 substances involved were controlled substances. 33 Nothing in this subsection (y) or in this Act prohibits 34 the manufacture, preparation, propagation, compounding, HB2391 Engrossed -20- LRB9205784LBpc 1 processing, packaging, advertising or distribution of a drug 2 or drugs by any person registered pursuant to Section 510 of 3 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). 4 (y-1) "Mail-order pharmacy" means a pharmacy that is 5 located in a state of the United States, other than Illinois, 6 that delivers, dispenses or distributes, through the United 7 States Postal Service or other common carrier, to Illinois 8 residents, any substance which requires a prescription. 9 (z) "Manufacture" means the production, preparation, 10 propagation, compounding, conversion or processing of a 11 controlled substance, either directly or indirectly, by 12 extraction from substances of natural origin, or 13 independently by means of chemical synthesis, or by a 14 combination of extraction and chemical synthesis, and 15 includes any packaging or repackaging of the substance or 16 labeling of its container, except that this term does not 17 include: 18 (1) by an ultimate user, the preparation or 19 compounding of a controlled substance for his own use; or 20 (2) by a practitioner, or his authorized agent 21 under his supervision, the preparation, compounding, 22 packaging, or labeling of a controlled substance: 23 (a) as an incident to his administering or 24 dispensing of a controlled substance in the course 25 of his professional practice; or 26 (b) as an incident to lawful research, 27 teaching or chemical analysis and not for sale. 28 (z-1) "Methamphetamine manufacturing chemical" means any 29 of the following chemicals or substances containing any of 30 the following chemicals: benzyl methyl ketone, ephedrine, 31 methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or 32 pseudoephedrine or any of the salts, optical isomers, or 33 salts of optical isomers of the above-listed chemicals. 34 (aa) "Narcotic drug" means any of the following, whether HB2391 Engrossed -21- LRB9205784LBpc 1 produced directly or indirectly by extraction from substances 2 of natural origin, or independently by means of chemical 3 synthesis, or by a combination of extraction and chemical 4 synthesis: 5 (1) opium and opiate, and any salt, compound, 6 derivative, or preparation of opium or opiate; 7 (2) any salt, compound, isomer, derivative, or 8 preparation thereof which is chemically equivalent or 9 identical with any of the substances referred to in 10 clause (1), but not including the isoquinoline alkaloids 11 of opium; 12 (3) opium poppy and poppy straw; 13 (4) coca leaves and any salts, compound, isomer, 14 salt of an isomer, derivative, or preparation of coca 15 leaves including cocaine or ecgonine, and any salt, 16 compound, isomer, derivative, or preparation thereof 17 which is chemically equivalent or identical with any of 18 these substances, but not including decocainized coca 19 leaves or extractions of coca leaves which do not contain 20 cocaine or ecgonine (for the purpose of this paragraph, 21 the term "isomer" includes optical, positional and 22 geometric isomers). 23 (bb) "Nurse" means a registered nurse licensed under the 24 Nursing and Advanced Practice Nursing Act. 25 (cc) (Blank). 26 (dd) "Opiate" means any substance having an addiction 27 forming or addiction sustaining liability similar to morphine 28 or being capable of conversion into a drug having addiction 29 forming or addiction sustaining liability. 30 (ee) "Opium poppy" means the plant of the species 31 Papaver somniferum L., except its seeds. 32 (ff) "Parole and Pardon Board" means the Parole and 33 Pardon Board of the State of Illinois or its successor 34 agency. HB2391 Engrossed -22- LRB9205784LBpc 1 (gg) "Person" means any individual, corporation, 2 mail-order pharmacy, government or governmental subdivision 3 or agency, business trust, estate, trust, partnership or 4 association, or any other entity. 5 (hh) "Pharmacist" means any person who holds a 6 certificate of registration as a registered pharmacist, a 7 local registered pharmacist or a registered assistant 8 pharmacist under the Pharmacy Practice Act of 1987. 9 (ii) "Pharmacy" means any store, ship or other place in 10 which pharmacy is authorized to be practiced under the 11 Pharmacy Practice Act of 1987. 12 (jj) "Poppy straw" means all parts, except the seeds, of 13 the opium poppy, after mowing. 14 (kk) "Practitioner" means a physician licensed to 15 practice medicine in all its branches, dentist, podiatrist, 16 veterinarian, scientific investigator, pharmacist, physician 17 assistant, advanced practice nurse, licensed practical nurse, 18 registered nurse, hospital, laboratory, or pharmacy, or other 19 person licensed, registered, or otherwise lawfully permitted 20 by the United States or this State to distribute, dispense, 21 conduct research with respect to, administer or use in 22 teaching or chemical analysis, a controlled substance in the 23 course of professional practice or research. 24 (ll) "Pre-printed prescription" means a written 25 prescription upon which the designated drug has been 26 indicated prior to the time of issuance. 27 (mm) "Prescriber" means a physician licensed to practice 28 medicine in all its branches, dentist, podiatrist or 29 veterinarian who issues a prescription, a physician assistant 30 who issues a prescription for a Schedule III, IV, or V 31 controlled substance in accordance with Section 303.05 and 32 the written guidelines required under Section 7.5 of the 33 Physician Assistant Practice Act of 1987, or an advanced 34 practice nurse with prescriptive authority in accordance with HB2391 Engrossed -23- LRB9205784LBpc 1 Section 303.05 and a written collaborative agreement under 2 Sections 15-15 and 15-20 of the Nursing and Advanced Practice 3 Nursing Act. 4 (nn) "Prescription" means a lawful written, facsimile, 5 or verbal order of a physician licensed to practice medicine 6 in all its branches, dentist, podiatrist or veterinarian for 7 any controlled substance, of a physician assistant for a 8 Schedule III, IV, or V controlled substance in accordance 9 with Section 303.05 and the written guidelines required under 10 Section 7.5 of the Physician Assistant Practice Act of 1987, 11 or of an advanced practice nurse who issues a prescription 12 for a Schedule III, IV, or V controlled substance in 13 accordance with Section 303.05 and a written collaborative 14 agreement under Sections 15-15 and 15-20 of the Nursing and 15 Advanced Practice Nursing Act. 16 (oo) "Production" or "produce" means manufacture, 17 planting, cultivating, growing, or harvesting of a controlled 18 substance. 19 (pp) "Registrant" means every person who is required to 20 register under Section 302 of this Act. 21 (qq) "Registry number" means the number assigned to each 22 person authorized to handle controlled substances under the 23 laws of the United States and of this State. 24 (rr) "State" includes the State of Illinois and any 25 state, district, commonwealth, territory, insular possession 26 thereof, and any area subject to the legal authority of the 27 United States of America. 28 (ss) "Ultimate user" means a person who lawfully 29 possesses a controlled substance for his own use or for the 30 use of a member of his household or for administering to an 31 animal owned by him or by a member of his household. 32 (720 ILCS 570/321 new) 33 Sec. 321. Animal control facility and animal shelter HB2391 Engrossed -24- LRB9205784LBpc 1 registration. An animal shelter or animal control facility 2 may apply to the Department of Professional Regulation for 3 registration as a euthanasia agency practitioner as provided 4 for in Section 40 for the sole purpose of being authorized to 5 purchase, possess, and administer the Schedule II drug sodium 6 pentobarbital and Schedule III drugs in a manufactured form 7 the sole use of which is to euthanize injured, sick, 8 homeless, or unwanted domestic pets and animals. Any animal 9 shelter or animal control facility so registered shall not 10 permit a person to administer sodium pentobarbital or 11 Schedule III drugs unless the person has demonstrated 12 adequate knowledge of the potential hazards and proper 13 techniques to be used in administering this drug. The 14 Department of Professional Regulation shall promulgate rules 15 that it deems necessary to insure strict compliance with the 16 provisions of this Section. The Department of Professional 17 Regulation may suspend or revoke registration upon 18 determining that the person administering sodium 19 pentobarbital has not demonstrated adequate knowledge as 20 provided in this Section. This authority is granted in 21 addition to any other power to suspend or revoke registration 22 as provided by law. 23 Section 75. The Veterinary Medicine and Surgery Practice 24 Act of 1994 is amended by changing Section 4 as follows: 25 (225 ILCS 115/4) (from Ch. 111, par. 7004) 26 Sec. 4. Exemptions. Nothing in this Act shall apply to 27 any of the following: 28 (1) Veterinarians employed by the Federal Government 29 while actually engaged in their official duties. 30 (2) Licensed veterinarians from other states who are 31 invited to Illinois for consultation or lecturing. 32 (3) Veterinarians employed by colleges or universities HB2391 Engrossed -25- LRB9205784LBpc 1 or by state agencies, while engaged in the performance of 2 their official duties. 3 (4) Veterinary students in an approved college, 4 university, department of a university or other institution 5 of veterinary medicine and surgery while in the performance 6 of duties assigned by their instructors. 7 (5) Any person engaged in bona fide scientific research 8 which requires the use of animals. 9 (6) The dehorning, castration, emasculation or docking 10 of cattle, horses, sheep, goats and swine in the course or 11 exchange of work for which no monetary compensation is paid 12 or to artificial insemination and the drawing of semen. Nor 13 shall this Act be construed to prohibit any person from 14 administering, in a humane manner, medicinal or surgical 15 treatment to any animal belonging to such person, unless 16 title has been transferred for the purpose of circumventing 17 this Act. However, any such services shall comply with the 18 Humane Care for Animals Act. 19 (7) Members of other licensed professions or any other 20 individuals when called for consultation and assistance by a 21 veterinarian licensed in the State of Illinois and who act 22 under the supervision, direction, and control of the 23 veterinarian, as further defined by rule of the Department. 24 (8) Certified euthanasia technicians. 25 (Source: P.A. 90-52, eff. 7-3-97.)