SB1062 EngrossedLRB099 08370 RLC 28522 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 302 as follows:
 
6    (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
7    Sec. 302. (a) Every person who manufactures, distributes,
8or dispenses any controlled substances; , or engages in
9chemical analysis, research, or and instructional activities
10which utilize controlled substances; , or who purchases,
11stores, or administers euthanasia drugs, within this State;
12provides canine odor detection services; or who proposes to
13engage in the manufacture, distribution, or dispensing of any
14controlled substance; , proposes or to engage in chemical
15analysis, research, or and instructional activities which
16utilize controlled substances; , proposes or to engage in
17purchasing, storing, or administering euthanasia drugs; or
18proposes to provide canine odor detection services , within this
19State, must obtain a registration issued by the Department of
20Financial and Professional Regulation in accordance with its
21rules. The rules shall include, but not be limited to, setting
22the expiration date and renewal period for each registration
23under this Act. The Department, any facility or service

 

 

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1licensed by the Department, and any veterinary hospital or
2clinic operated by a veterinarian or veterinarians licensed
3under the Veterinary Medicine and Surgery Practice Act of 2004
4or maintained by a State-supported or publicly funded
5university or college shall be exempt from the regulation
6requirements of this Section; however, such exemption shall not
7operate to bar the University of Illinois from requesting, nor
8the Department of Financial and Professional Regulation from
9issuing, a registration to the University of Illinois
10Veterinary Teaching Hospital under this Act. Neither a request
11for such registration nor the issuance of such registration to
12the University of Illinois shall operate to otherwise waive or
13modify the exemption provided in this subsection (a).
14    (b) Persons registered by the Department of Financial and
15Professional Regulation under this Act to manufacture,
16distribute, or dispense controlled substances, engage in
17chemical analysis, research, or instructional activities which
18utilize controlled substances, or purchase, store, or
19administer euthanasia drugs, or provide canine odor detection
20services, may possess, manufacture, distribute, engage in
21chemical analysis, research, or instructional activities which
22utilize controlled substances, or dispense those substances,
23or purchase, store, or administer euthanasia drugs, or provide
24canine odor detection services to the extent authorized by
25their registration and in conformity with the other provisions
26of this Article.

 

 

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1    (c) The following persons need not register and may
2lawfully possess controlled substances under this Act:
3        (1) an agent or employee of any registered
4    manufacturer, distributor, or dispenser of any controlled
5    substance if he or she is acting in the usual course of his
6    or her employer's lawful business or employment;
7        (2) a common or contract carrier or warehouseman, or an
8    agent or employee thereof, whose possession of any
9    controlled substance is in the usual lawful course of such
10    business or employment;
11        (3) an ultimate user or a person in possession of any
12    controlled substance pursuant to a lawful prescription of a
13    practitioner or in lawful possession of a Schedule V
14    substance;
15        (4) officers and employees of this State or of the
16    United States while acting in the lawful course of their
17    official duties which requires possession of controlled
18    substances;
19        (5) a registered pharmacist who is employed in, or the
20    owner of, a pharmacy licensed under this Act and the
21    Federal Controlled Substances Act, at the licensed
22    location, or if he or she is acting in the usual course of
23    his or her lawful profession, business, or employment;
24        (6) a holder of a temporary license issued under
25    Section 17 of the Medical Practice Act of 1987 practicing
26    within the scope of that license and in compliance with the

 

 

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1    rules adopted under this Act. In addition to possessing
2    controlled substances, a temporary license holder may
3    order, administer, and prescribe controlled substances
4    when acting within the scope of his or her license and in
5    compliance with the rules adopted under this Act.
6    (d) A separate registration is required at each place of
7business or professional practice where the applicant
8manufactures, distributes, or dispenses controlled substances,
9or purchases, stores, or administers euthanasia drugs. Persons
10are required to obtain a separate registration for each place
11of business or professional practice where controlled
12substances are located or stored. A separate registration is
13not required for every location at which a controlled substance
14may be prescribed.
15    (e) The Department of Financial and Professional
16Regulation or the Illinois State Police may inspect the
17controlled premises, as defined in Section 502 of this Act, of
18a registrant or applicant for registration in accordance with
19this Act and the rules promulgated hereunder and with regard to
20persons licensed by the Department, in accordance with
21subsection (bb) of Section 30-5 of the Alcoholism and Other
22Drug Abuse and Dependency Act and the rules and regulations
23promulgated thereunder.
24(Source: P.A. 96-219, eff. 8-10-09; 97-126, eff. 7-14-11;
2597-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.