(720 ILCS 570/318)
Sec. 318. Confidentiality of information.
(a) Information received by the central repository under Section 316 and former Section 321
is confidential.
(a-1) To ensure the federal Health Insurance Portability and Accountability Act and confidentiality of substance use disorder patient records rules that mandate the privacy of an individual's prescription data reported to the Prescription Monitoring Program received from a retail dispenser under this Act, and in order to execute the duties and responsibilities under Section 316 of this Act and rules for disclosure under this Section, the Clinical Director of the Prescription Monitoring Program or his or her designee shall maintain direct access to all Prescription Monitoring Program data. Any request for Prescription Monitoring Program data from any other department or agency must be approved in writing by the Clinical Director of the Prescription Monitoring Program or his or her designee unless otherwise permitted by law. Prescription Monitoring Program data shall only be disclosed as permitted by law. (a-2) As an active step to address the current opioid crisis in this State and to prevent and reduce addiction resulting from a sports injury or an accident, the Prescription Monitoring Program and the Department of Public Health shall coordinate a continuous review of the Prescription Monitoring Program and the Department of Public Health data to determine if a patient may be at risk of opioid addiction. Each patient discharged from any medical facility with an International Classification of Disease, 10th edition code related to a sport or accident injury shall be subject to the data review. If the discharged patient is dispensed a controlled substance, the Prescription Monitoring Program shall alert the patient's prescriber as to the addiction risk and urge each to follow the Centers for Disease Control and Prevention guidelines or his or her respective profession's treatment guidelines related to the patient's injury. This subsection (a-2), other than this sentence, is inoperative on or after January 1, 2024. (b) The Department must carry out a program to protect the
confidentiality of the information described in subsection (a). The Department
may
disclose the information to another person only under
subsection (c), (d), or (f) and may charge a fee not to exceed the actual cost
of
furnishing the
information.
(c) The Department may disclose confidential information described
in subsection (a) to any person who is engaged in receiving, processing, or
storing the information.
(d) The Department may release confidential information described
in subsection (a) to the following persons:
(1) A governing body that licenses practitioners and |
| is engaged in an investigation, an adjudication, or a prosecution of a violation under any State or federal law that involves a controlled substance.
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(2) An investigator for the Consumer Protection
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| Division of the office of the Attorney General, a prosecuting attorney, the Attorney General, a deputy Attorney General, or an investigator from the office of the Attorney General, who is engaged in any of the following activities involving controlled substances:
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(A) an investigation;
(B) an adjudication; or
(C) a prosecution of a violation under any State
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| or federal law that involves a controlled substance.
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(3) A law enforcement officer who is:
(A) authorized by the Illinois State Police or
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| the office of a county sheriff or State's Attorney or municipal police department of Illinois to receive information of the type requested for the purpose of investigations involving controlled substances; or
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(B) approved by the Department to receive
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| information of the type requested for the purpose of investigations involving controlled substances; and
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(C) engaged in the investigation or prosecution
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| of a violation under any State or federal law that involves a controlled substance.
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(4) Select representatives of the Department of
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| Children and Family Services through the indirect online request process. Access shall be established by an intergovernmental agreement between the Department of Children and Family Services and the Department of Human Services.
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(e) Before the Department releases confidential information under
subsection (d), the applicant must demonstrate in writing to the Department that:
(1) the applicant has reason to believe that a
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| violation under any State or federal law that involves a controlled substance has occurred; and
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(2) the requested information is reasonably related
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| to the investigation, adjudication, or prosecution of the violation described in subdivision (1).
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(f) The Department may receive and release prescription record information under Section 316 and former Section 321 to:
(1) a governing
body that licenses practitioners;
(2) an investigator for the Consumer Protection
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| Division of the office of the Attorney General, a prosecuting attorney, the Attorney General, a deputy Attorney General, or an investigator from the office of the Attorney General;
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(3) any Illinois law enforcement officer who is:
(A) authorized to receive the type of information
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(B) approved by the Department to receive the
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| type of information released; or
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(4) prescription monitoring entities in other states
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| per the provisions outlined in subsection (g) and (h) below;
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confidential prescription record information collected under Sections 316 and 321 (now repealed) that identifies vendors or
practitioners, or both, who are prescribing or dispensing large quantities of
Schedule II, III, IV, or V controlled
substances outside the scope of their practice, pharmacy, or business, as determined by the Advisory Committee created by Section 320.
(f-5) In accordance with a confidentiality agreement entered into with the Department, a medical director, or a public health administrator and their delegated analysts, of a county or municipal health department or the Department of Public Health shall have access to data from the system for any of the following purposes:
(1) developing education programs or public
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| health interventions relating to prescribing trends and controlled substance use; or
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(2) conducting analyses and publish reports on
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| prescribing trends in their respective jurisdictions.
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At a minimum, the confidentiality agreement entered into with the Department shall:
(i) prohibit analysis and reports produced under
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| subparagraph (2) from including information that identifies, by name, license, or address, any practitioner, dispenser, ultimate user, or other person administering a controlled substance; and
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(ii) specify the appropriate technical and physical
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| safeguards that the county or municipal health department must implement to ensure the privacy and security of data obtained from the system. The data from the system shall not be admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person. The disclosure of any such information or data, whether proper or improper, shall not waive or have any effect upon its confidentiality, non-discoverability, or non-admissibility.
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(g) The information described in subsection (f) may not be released until it
has been reviewed by an employee of the Department who is licensed as a
prescriber or a dispenser
and until that employee has certified
that further investigation is warranted. However, failure to comply with this
subsection (g) does not invalidate the use of any evidence that is otherwise
admissible in a proceeding described in subsection (h).
(h) An investigator or a law enforcement officer receiving confidential
information under subsection (c), (d), or (f) may disclose the information to a
law enforcement officer or an attorney for the office of the Attorney General
for use as evidence in the following:
(1) A proceeding under any State or federal law that
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| involves a controlled substance.
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(2) A criminal proceeding or a proceeding in juvenile
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| court that involves a controlled substance.
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(i) The Department may compile statistical reports from the
information described in subsection (a). The reports must not include
information that identifies, by name, license or address, any practitioner, dispenser, ultimate user, or other person
administering a controlled substance.
(j) Based upon federal, initial and maintenance funding, a prescriber and dispenser inquiry system shall be developed to assist the health care community in its goal of effective clinical practice and to prevent patients from diverting or abusing medications.
(1) An inquirer shall have read-only access to a
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| stand-alone database which shall contain records for the previous 12 months.
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(2) Dispensers may, upon positive and secure
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| identification, make an inquiry on a patient or customer solely for a medical purpose as delineated within the federal HIPAA law.
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(3) The Department shall provide a one-to-one secure
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| link and encrypted software necessary to establish the link between an inquirer and the Department. Technical assistance shall also be provided.
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(4) Written inquiries are acceptable but must
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| include the fee and the requester's Drug Enforcement Administration license number and submitted upon the requester's business stationery.
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(5) As directed by the Prescription Monitoring
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| Program Advisory Committee and the Clinical Director for the Prescription Monitoring Program, aggregate data that does not indicate any prescriber, practitioner, dispenser, or patient may be used for clinical studies.
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(6) Tracking analysis shall be established and used
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(7) Nothing in this Act or Illinois law shall be
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| construed to require a prescriber or dispenser to make use of this inquiry system.
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(8) If there is an adverse outcome because of a
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| prescriber or dispenser making an inquiry, which is initiated in good faith, the prescriber or dispenser shall be held harmless from any civil liability.
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(k) The Department shall establish, by rule, the process by which to evaluate possible erroneous association of prescriptions to any licensed prescriber or end user of the Illinois Prescription Information Library (PIL).
(l) The Prescription Monitoring Program Advisory Committee is authorized to evaluate the need for and method of establishing a patient specific identifier.
(m) Patients who identify prescriptions attributed to them that were not obtained by them shall be given access to their personal prescription history pursuant to the validation process as set forth by administrative rule.
(n) The Prescription Monitoring Program is authorized to develop operational push reports to entities with compatible electronic medical records. The process shall be covered within administrative rule established by the Department.
(o) Hospital emergency departments and freestanding healthcare facilities providing healthcare to walk-in patients may obtain, for the purpose of improving patient care, a unique identifier for each shift to utilize the PIL system.
(p) The Prescription Monitoring Program shall automatically create a log-in to the inquiry system when a prescriber or dispenser obtains or renews his or her controlled substance license. The Department of Financial and Professional Regulation must provide the Prescription Monitoring Program with electronic access to the license information of a prescriber or dispenser to facilitate the creation of this profile. The Prescription Monitoring Program shall send the prescriber or dispenser information regarding the inquiry system, including instructions on how to log into the system, instructions on how to use the system to promote effective clinical practice, and opportunities for continuing education for the prescribing of controlled substances. The Prescription Monitoring Program shall also send to all enrolled prescribers, dispensers, and designees information regarding the unsolicited reports produced pursuant to Section 314.5 of this Act.
(q) A prescriber or dispenser may authorize a designee to consult the inquiry system established by the Department under this subsection on his or her behalf, provided that all the following conditions are met:
(1) the designee so authorized is employed by the
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| same hospital or health care system; is employed by the same professional practice; or is under contract with such practice, hospital, or health care system;
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(2) the prescriber or dispenser takes reasonable
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| steps to ensure that such designee is sufficiently competent in the use of the inquiry system;
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(3) the prescriber or dispenser remains responsible
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| for ensuring that access to the inquiry system by the designee is limited to authorized purposes and occurs in a manner that protects the confidentiality of the information obtained from the inquiry system, and remains responsible for any breach of confidentiality; and
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(4) the ultimate decision as to whether or not to
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| prescribe or dispense a controlled substance remains with the prescriber or dispenser.
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The Prescription Monitoring Program shall send to registered designees information regarding the inquiry system, including instructions on how to log onto the system.
(r) The Prescription Monitoring Program shall maintain an Internet website in conjunction with its prescriber and dispenser inquiry system. This website shall include, at a minimum, the following information:
(1) current clinical guidelines developed by health
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| care professional organizations on the prescribing of opioids or other controlled substances as determined by the Advisory Committee;
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(2) accredited continuing education programs related
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| to prescribing of controlled substances;
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(3) programs or information developed by health care
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| professionals that may be used to assess patients or help ensure compliance with prescriptions;
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(4) updates from the Food and Drug Administration,
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| the Centers for Disease Control and Prevention, and other public and private organizations which are relevant to prescribing;
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(5) relevant medical studies related to prescribing;
(6) other information regarding the prescription of
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| controlled substances; and
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(7) information regarding prescription drug disposal
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| events, including take-back programs or other disposal options or events.
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The content of the Internet website shall be periodically reviewed by the Prescription Monitoring Program Advisory Committee as set forth in Section 320 and updated in accordance with the recommendation of the advisory committee.
(s) The Prescription Monitoring Program shall regularly send electronic updates to the registered users of the Program. The Prescription Monitoring Program Advisory Committee shall review any communications sent to registered users and also make recommendations for communications as set forth in Section 320. These updates shall include the following information:
(1) opportunities for accredited continuing
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| education programs related to prescribing of controlled substances;
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(2) current clinical guidelines developed by health
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| care professional organizations on the prescribing of opioids or other drugs as determined by the Advisory Committee;
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(3) programs or information developed by health care
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| professionals that may be used to assess patients or help ensure compliance with prescriptions;
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(4) updates from the Food and Drug Administration,
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| the Centers for Disease Control and Prevention, and other public and private organizations which are relevant to prescribing;
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(5) relevant medical studies related to prescribing;
(6) other information regarding prescribing of
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(7) information regarding prescription drug disposal
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| events, including take-back programs or other disposal options or events; and
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(8) reminders that the Prescription Monitoring
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| Program is a useful clinical tool.
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(t) Notwithstanding any other provision of this Act, neither the Prescription Monitoring Program nor any other person shall disclose any information in violation of the restrictions and requirements of paragraph (3.5) of subsection (a) of Section 316 as implemented under Public Act 102-527.
(Source: P.A. 102-751, eff. 1-1-23 .)
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(720 ILCS 570/320)
Sec. 320. Advisory committee.
(a) There is created a Prescription Monitoring Program Advisory Committee to
assist the Department of Human Services in implementing the Prescription Monitoring Program created by this Article and to advise the Department on the professional performance of prescribers and dispensers and other matters germane to the advisory committee's field of competence.
(b) The Prescription Monitoring Program Advisory Committee shall consist of 15 members appointed by the Clinical Director of the Prescription Monitoring Program composed of prescribers and dispensers licensed to practice medicine in his or her respective profession as follows: one family or primary care physician; one pain specialist physician; 4 other physicians, one of whom may be an ophthalmologist; 2 advanced practice registered nurses; one physician assistant; one optometrist; one dentist; one clinical representative from a statewide organization representing hospitals; and 3 pharmacists. The Advisory Committee members serving on August 26, 2018 (the effective date of Public Act 100-1093) shall continue to serve until January 1, 2019. Prescriber and dispenser nominations for membership on the Committee shall be submitted by their respective professional associations. If there are more nominees than membership positions for a prescriber or dispenser category, as provided in this subsection (b), the Clinical Director of the Prescription Monitoring Program shall appoint a member or members for each profession as provided in this subsection (b), from the nominations to
serve on the advisory committee. At the first meeting of the Committee in 2019 members shall draw lots for initial terms and 6 members shall serve 3 years, 5 members shall serve 2 years, and 5 members shall serve one year. Thereafter, members shall serve 3-year terms. Members may serve more than one term but no more than 3 terms. The Clinical Director of the Prescription Monitoring Program may appoint a representative of an organization representing a profession required to be appointed. The Clinical Director of the Prescription Monitoring Program shall serve as the Secretary of the committee.
(c) The advisory committee may appoint a chairperson and other officers as it deems
appropriate.
(d) The members of the advisory committee shall receive no compensation for
their services as members of the advisory committee, unless appropriated by the General Assembly, but may be reimbursed for
their actual expenses incurred in serving on the advisory committee.
(e) The advisory committee shall: (1) provide a uniform approach to reviewing this Act |
| in order to determine whether changes should be recommended to the General Assembly;
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(2) review current drug schedules in order to manage
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| changes to the administrative rules pertaining to the utilization of this Act;
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(3) review the following: current clinical
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| guidelines developed by health care professional organizations on the prescribing of opioids or other controlled substances; accredited continuing education programs related to prescribing and dispensing; programs or information developed by health care professional organizations that may be used to assess patients or help ensure compliance with prescriptions; updates from the Food and Drug Administration, the Centers for Disease Control and Prevention, and other public and private organizations which are relevant to prescribing and dispensing; relevant medical studies; and other publications which involve the prescription of controlled substances;
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(4) make recommendations for inclusion of these
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| materials or other studies which may be effective resources for prescribers and dispensers on the Internet website of the inquiry system established under Section 318;
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(5) semi-annually review the content of the Internet
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| website of the inquiry system established pursuant to Section 318 to ensure this Internet website has the most current available information;
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(6) semi-annually review opportunities for federal
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| grants and other forms of funding to support projects which will increase the number of pilot programs which integrate the inquiry system with electronic health records; and
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(7) semi-annually review communication to be sent to
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| all registered users of the inquiry system established pursuant to Section 318, including recommendations for relevant accredited continuing education and information regarding prescribing and dispensing.
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(f) The Advisory Committee shall select from its members 10 members of the Peer Review Committee composed of:
(1) 3 physicians;
(2) 3 pharmacists;
(3) one dentist;
(4) one advanced practice registered nurse;
(4.5) (blank);
(5) one physician assistant; and
(6) one optometrist.
The purpose of the Peer Review Committee is to establish a formal peer review of professional performance of prescribers and dispensers. The deliberations, information, and communications of the Peer Review Committee are privileged and confidential and shall not be disclosed in any manner except in accordance with current law.
(1) The Peer Review Committee shall periodically
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| review the data contained within the prescription monitoring program to identify those prescribers or dispensers who may be prescribing or dispensing outside the currently accepted standard and practice of their profession. The Peer Review Committee member, whose profession is the same as the prescriber or dispenser being reviewed, shall prepare a preliminary report and recommendation for any non-action or action. The Prescription Monitoring Program Clinical Director and staff shall provide the necessary assistance and data as required.
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(2) The Peer Review Committee may identify
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| prescribers or dispensers who may be prescribing outside the currently accepted medical standards in the course of their professional practice and send the identified prescriber or dispenser a request for information regarding their prescribing or dispensing practices. This request for information shall be sent via certified mail, return receipt requested. A prescriber or dispenser shall have 30 days to respond to the request for information.
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(3) The Peer Review Committee shall refer a
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| prescriber or a dispenser to the Department of Financial and Professional Regulation in the following situations:
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(i) if a prescriber or dispenser does not respond
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| to three successive requests for information;
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(ii) in the opinion of a majority of members of
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| the Peer Review Committee, the prescriber or dispenser does not have a satisfactory explanation for the practices identified by the Peer Review Committee in its request for information; or
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(iii) following communications with the Peer
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| Review Committee, the prescriber or dispenser does not sufficiently rectify the practices identified in the request for information in the opinion of a majority of the members of the Peer Review Committee.
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(4) The Department of Financial and Professional
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| Regulation may initiate an investigation and discipline in accordance with current laws and rules for any prescriber or dispenser referred by the Peer Review Committee.
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(5) The Peer Review Committee shall prepare an annual
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| report starting on July 1, 2017. This report shall contain the following information: the number of times the Peer Review Committee was convened; the number of prescribers or dispensers who were reviewed by the Peer Review Committee; the number of requests for information sent out by the Peer Review Committee; and the number of prescribers or dispensers referred to the Department of Financial and Professional Regulation. The annual report shall be delivered electronically to the Department and to the General Assembly. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct. The report prepared by the Peer Review Committee shall not identify any prescriber, dispenser, or patient.
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(Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18; 100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff. 8-16-19.)
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(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Manufacture or delivery, or possession with intent to
manufacture or deliver, a controlled substance, a counterfeit substance, or controlled substance analog. Except as authorized by this Act, it is unlawful for any
person knowingly to manufacture or deliver, or possess with intent to
manufacture or deliver, a controlled substance other than methamphetamine and other than bath salts as defined in the Bath Salts Prohibition Act sold or offered for sale in a retail mercantile establishment as defined in Section 16-0.1 of the Criminal Code of 2012, a counterfeit substance, or a controlled
substance analog. A violation of this Act with respect to each of the controlled
substances listed herein constitutes a single and separate violation of this
Act. For purposes of this Section, "controlled substance analog" or "analog"
means a substance, other than a controlled substance, which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law, and that has a chemical structure substantially similar to that of a controlled
substance in Schedule I or II, or that was specifically designed to produce
an effect substantially similar to that of a controlled substance in Schedule
I or II. Examples of chemical classes in which controlled substance analogs
are found include, but are not limited to, the following: phenethylamines,
N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted
indoles, and arylcycloalkylamines. For purposes of this Act, a controlled
substance analog shall be treated in the same manner as the controlled
substance to which it is substantially similar.
(a) Any person who violates this Section with respect to the following
amounts of controlled or counterfeit substances or controlled substance
analogs, notwithstanding any of the provisions of subsections (c),
(d), (e), (f), (g) or (h) to the contrary, is guilty of a Class X felony
and shall be sentenced to a term of imprisonment as provided in this subsection
(a) and fined as provided in subsection (b):
(1)(A) not less than 6 years and not more than 30 |
| years with respect to 15 grams or more but less than 100 grams of a substance containing heroin, or an analog thereof;
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(B) not less than 9 years and not more than 40 years
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| with respect to 100 grams or more but less than 400 grams of a substance containing heroin, or an analog thereof;
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(C) not less than 12 years and not more than 50 years
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| with respect to 400 grams or more but less than 900 grams of a substance containing heroin, or an analog thereof;
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(D) not less than 15 years and not more than 60 years
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| with respect to 900 grams or more of any substance containing heroin, or an analog thereof;
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(1.5)(A) not less than 6 years and not more than 30
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| years with respect to 15 grams or more but less than 100 grams of a substance containing fentanyl, or an analog thereof;
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(B) not less than 9 years and not more than 40 years
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| with respect to 100 grams or more but less than 400 grams of a substance containing fentanyl, or an analog thereof;
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(C) not less than 12 years and not more than 50 years
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| with respect to 400 grams or more but less than 900 grams of a substance containing fentanyl, or an analog thereof;
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(D) not less than 15 years and not more than 60 years
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| with respect to 900 grams or more of a substance containing fentanyl, or an analog thereof;
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(2)(A) not less than 6 years and not more than 30
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| years with respect to 15 grams or more but less than 100 grams of a substance containing cocaine, or an analog thereof;
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(B) not less than 9 years and not more than 40 years
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| with respect to 100 grams or more but less than 400 grams of a substance containing cocaine, or an analog thereof;
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(C) not less than 12 years and not more than 50 years
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| with respect to 400 grams or more but less than 900 grams of a substance containing cocaine, or an analog thereof;
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(D) not less than 15 years and not more than 60 years
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| with respect to 900 grams or more of any substance containing cocaine, or an analog thereof;
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(3)(A) not less than 6 years and not more than 30
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| years with respect to 15 grams or more but less than 100 grams of a substance containing morphine, or an analog thereof;
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(B) not less than 9 years and not more than 40 years
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| with respect to 100 grams or more but less than 400 grams of a substance containing morphine, or an analog thereof;
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(C) not less than 12 years and not more than 50 years
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| with respect to 400 grams or more but less than 900 grams of a substance containing morphine, or an analog thereof;
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(D) not less than 15 years and not more than 60 years
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| with respect to 900 grams or more of a substance containing morphine, or an analog thereof;
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(4) 200 grams or more of any substance containing
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| peyote, or an analog thereof;
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(5) 200 grams or more of any substance containing a
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| derivative of barbituric acid or any of the salts of a derivative of barbituric acid, or an analog thereof;
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(6) 200 grams or more of any substance containing
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| amphetamine or any salt of an optical isomer of amphetamine, or an analog thereof;
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(6.5) (blank);
(6.6) (blank);
(7)(A) not less than 6 years and not more than 30
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| years with respect to: (i) 15 grams or more but less than 100 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 15 or more objects or 15 or more segregated parts of an object or objects but less than 200 objects or 200 segregated parts of an object or objects containing in them or having upon them any amounts of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
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(B) not less than 9 years and not more than 40 years
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| with respect to: (i) 100 grams or more but less than 400 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 200 or more objects or 200 or more segregated parts of an object or objects but less than 600 objects or less than 600 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
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(C) not less than 12 years and not more than 50 years
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| with respect to: (i) 400 grams or more but less than 900 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 600 or more objects or 600 or more segregated parts of an object or objects but less than 1500 objects or 1500 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
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(D) not less than 15 years and not more than 60 years
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| with respect to: (i) 900 grams or more of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 1500 or more objects or 1500 or more segregated parts of an object or objects containing in them or having upon them any amount of a substance containing lysergic acid diethylamide (LSD), or an analog thereof;
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(7.5)(A) not less than 6 years and not more than 30 years
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| with respect to: (i) 15 grams or more but less than 100 grams of a substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 15 or more pills, tablets, caplets, capsules, or objects but less than 200 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amounts of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
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(B) not less than 9 years and not more than 40 years
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| with respect to: (i) 100 grams or more but less than 400 grams of a substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 200 or more pills, tablets, caplets, capsules, or objects but less than 600 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
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(C) not less than 12 years and not more than 50 years
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| with respect to: (i) 400 grams or more but less than 900 grams of a substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 600 or more pills, tablets, caplets, capsules, or objects but less than 1,500 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
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(D) not less than 15 years and not more than 60 years
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| with respect to: (i) 900 grams or more of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 1,500 or more pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of a substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
|
|
(8) 30 grams or more of any substance containing
|
| pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;
|
|
(9) 30 grams or more of any substance containing
|
| methaqualone or any of the salts, isomers and salts of isomers of methaqualone, or an analog thereof;
|
|
(10) 30 grams or more of any substance containing
|
| phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP), or an analog thereof;
|
|
(10.5) 30 grams or more of any substance containing
|
| ketamine or any of the salts, isomers and salts of isomers of ketamine, or an analog thereof;
|
|
(10.6) 100 grams or more of any substance containing
|
| hydrocodone, or any of the salts, isomers and salts of isomers of hydrocodone, or an analog thereof;
|
|
(10.7) (blank);
(10.8) 100 grams or more of any substance containing
|
| dihydrocodeine, or any of the salts, isomers and salts of isomers of dihydrocodeine, or an analog thereof;
|
|
(10.9) 100 grams or more of any substance containing
|
| oxycodone, or any of the salts, isomers and salts of isomers of oxycodone, or an analog thereof;
|
|
(11) 200 grams or more of any substance containing
|
| any other controlled substance classified in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.
|
|
(b) Any person sentenced with respect to violations of paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) involving
100 grams or
more of the
controlled substance named therein, may in addition to the penalties
provided therein, be fined an amount not more than $500,000 or the full
street value of the controlled or counterfeit substance or controlled substance
analog, whichever is greater. The term "street value" shall have the
meaning ascribed in Section 110-5 of the Code of Criminal Procedure of
1963. Any person sentenced with respect to any other provision of
subsection (a), may in addition to the penalties provided therein, be fined
an amount not to exceed $500,000.
(b-1) Excluding violations of this Act when the controlled substance is fentanyl, any person sentenced to a term of imprisonment with respect to violations of Section 401, 401.1, 405, 405.1, 405.2, or 407, when the substance containing the controlled substance contains any amount of fentanyl, 3 years shall be added to the term of imprisonment imposed by the court, and the maximum sentence for the offense shall be increased by 3 years.
(c) Any person who violates this Section with regard to the
following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) to the
contrary, is guilty of a Class 1 felony. The fine for violation of this
subsection (c) shall not be more than $250,000:
(1) 1 gram or more but less than 15 grams of any
|
| substance containing heroin, or an analog thereof;
|
|
(1.5) 1 gram or more but less than 15 grams of any
|
| substance containing fentanyl, or an analog thereof;
|
|
(2) 1 gram or more but less than 15 grams of any
|
| substance containing cocaine, or an analog thereof;
|
|
(3) 10 grams or more but less than 15 grams of any
|
| substance containing morphine, or an analog thereof;
|
|
(4) 50 grams or more but less than 200 grams of any
|
| substance containing peyote, or an analog thereof;
|
|
(5) 50 grams or more but less than 200 grams of any
|
| substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid, or an analog thereof;
|
|
(6) 50 grams or more but less than 200 grams of any
|
| substance containing amphetamine or any salt of an optical isomer of amphetamine, or an analog thereof;
|
|
(6.5) (blank);
(7)(i) 5 grams or more but less than 15 grams of any
|
| substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) more than 10 objects or more than 10 segregated parts of an object or objects but less than 15 objects or less than 15 segregated parts of an object containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
|
|
(7.5)(i) 5 grams or more but less than 15 grams of
|
| any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) more than 10 pills, tablets, caplets, capsules, or objects but less than 15 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
|
|
(8) 10 grams or more but less than 30 grams of any
|
| substance containing pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;
|
|
(9) 10 grams or more but less than 30 grams of any
|
| substance containing methaqualone or any of the salts, isomers and salts of isomers of methaqualone, or an analog thereof;
|
|
(10) 10 grams or more but less than 30 grams of any
|
| substance containing phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP), or an analog thereof;
|
|
(10.5) 10 grams or more but less than 30 grams of any
|
| substance containing ketamine or any of the salts, isomers and salts of isomers of ketamine, or an analog thereof;
|
|
(10.6) 50 grams or more but less than 100 grams of
|
| any substance containing hydrocodone, or any of the salts, isomers and salts of isomers of hydrocodone, or an analog thereof;
|
|
(10.7) (blank);
(10.8) 50 grams or more but less than 100 grams of
|
| any substance containing dihydrocodeine, or any of the salts, isomers and salts of isomers of dihydrocodeine, or an analog thereof;
|
|
(10.9) 50 grams or more but less than 100 grams of
|
| any substance containing oxycodone, or any of the salts, isomers and salts of isomers of oxycodone, or an analog thereof;
|
|
(11) 50 grams or more but less than 200 grams of any
|
| substance containing a substance classified in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.
|
|
(c-5) (Blank).
(d) Any person who violates this Section with regard to any other
amount of a controlled or counterfeit substance containing dihydrocodeine or classified in
Schedules I or II, or an analog thereof, which is (i) a narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an analog thereof,
(iii) any
substance containing amphetamine or fentanyl or any salt or optical
isomer of amphetamine or fentanyl, or an analog thereof, or (iv) any
substance containing N-Benzylpiperazine (BZP) or any salt or optical
isomer of N-Benzylpiperazine (BZP), or an analog thereof, is guilty
of a Class 2 felony. The fine for violation of this subsection (d) shall
not be more than $200,000.
(d-5) (Blank).
(e) Any person who violates this Section with regard to any other
amount of a controlled substance other than methamphetamine or counterfeit substance classified in
Schedule I or II, or an analog thereof, which substance is not
included under subsection (d) of this Section, is
guilty of a Class 3 felony. The fine for violation of this subsection (e)
shall not be more than $150,000.
(f) Any person who violates this Section with regard to any other
amount of a controlled or counterfeit substance classified in
Schedule III is guilty of a Class 3 felony. The fine for violation of
this subsection (f) shall not be more than $125,000.
(g) Any person who violates this Section with regard to any other
amount of a controlled or counterfeit substance classified
in Schedule IV is guilty of a Class 3 felony. The fine for violation of
this subsection (g) shall not be more than $100,000.
(h) Any person who violates this Section with regard to any other
amount of a controlled or counterfeit substance classified in
Schedule V is guilty of a Class 3 felony. The fine for violation of this
subsection (h) shall not be more than $75,000.
(i) This Section does not apply to the manufacture, possession or
distribution of a substance in conformance with the provisions of an approved
new drug application or an exemption for investigational use within the
meaning of Section 505 of the Federal Food, Drug and Cosmetic Act.
(j) (Blank).
(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17; 100-368, eff. 1-1-18 .)
|
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it is unlawful for
any person knowingly to possess a controlled or counterfeit substance or controlled substance analog.
A violation of this Act with respect to each of the controlled substances
listed herein constitutes a single and separate violation of this Act. For purposes of this Section, "controlled substance analog" or "analog"
means a substance, other than a controlled substance, which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law, and that has a chemical structure substantially similar to that of a controlled
substance in Schedule I or II, or that was specifically designed to produce
an effect substantially similar to that of a controlled substance in Schedule
I or II. Examples of chemical classes in which controlled substance analogs
are found include, but are not limited to, the following: phenethylamines,
N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted
indoles, and arylcycloalkylamines. For purposes of this Act, a controlled
substance analog shall be treated in the same manner as the controlled
substance to which it is substantially similar.
(a) Any person who violates this Section with respect to the following
controlled or counterfeit substances and amounts, notwithstanding any of the
provisions of subsections (c) and (d) to the
contrary, is guilty of a Class 1 felony and shall, if sentenced to a term
of imprisonment, be sentenced as provided in this subsection (a) and fined
as provided in subsection (b):
(1) (A) not less than 4 years and not more than 15 |
| years with respect to 15 grams or more but less than 100 grams of a substance containing heroin;
|
|
(B) not less than 6 years and not more than 30
|
| years with respect to 100 grams or more but less than 400 grams of a substance containing heroin;
|
|
(C) not less than 8 years and not more than 40
|
| years with respect to 400 grams or more but less than 900 grams of any substance containing heroin;
|
|
(D) not less than 10 years and not more than 50
|
| years with respect to 900 grams or more of any substance containing heroin;
|
|
(2) (A) not less than 4 years and not more than 15
|
| years with respect to 15 grams or more but less than 100 grams of any substance containing cocaine;
|
|
(B) not less than 6 years and not more than 30
|
| years with respect to 100 grams or more but less than 400 grams of any substance containing cocaine;
|
|
(C) not less than 8 years and not more than 40
|
| years with respect to 400 grams or more but less than 900 grams of any substance containing cocaine;
|
|
(D) not less than 10 years and not more than 50
|
| years with respect to 900 grams or more of any substance containing cocaine;
|
|
(3) (A) not less than 4 years and not more than 15
|
| years with respect to 15 grams or more but less than 100 grams of any substance containing morphine;
|
|
(B) not less than 6 years and not more than 30
|
| years with respect to 100 grams or more but less than 400 grams of any substance containing morphine;
|
|
(C) not less than 6 years and not more than 40
|
| years with respect to 400 grams or more but less than 900 grams of any substance containing morphine;
|
|
(D) not less than 10 years and not more than 50
|
| years with respect to 900 grams or more of any substance containing morphine;
|
|
(4) 200 grams or more of any substance containing
|
|
(5) 200 grams or more of any substance containing a
|
| derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
|
|
(6) 200 grams or more of any substance containing
|
| amphetamine or any salt of an optical isomer of amphetamine;
|
|
(6.5) (blank);
(7) (A) not less than 4 years and not more than 15
|
| years with respect to: (i) 15 grams or more but less than 100 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 15 or more objects or 15 or more segregated parts of an object or objects but less than 200 objects or 200 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
|
|
(B) not less than 6 years and not more than 30
|
| years with respect to: (i) 100 grams or more but less than 400 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 200 or more objects or 200 or more segregated parts of an object or objects but less than 600 objects or less than 600 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
|
|
(C) not less than 8 years and not more than 40
|
| years with respect to: (i) 400 grams or more but less than 900 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 600 or more objects or 600 or more segregated parts of an object or objects but less than 1500 objects or 1500 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
|
|
(D) not less than 10 years and not more than 50
|
| years with respect to: (i) 900 grams or more of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 1500 or more objects or 1500 or more segregated parts of an object or objects containing in them or having upon them any amount of a substance containing lysergic acid diethylamide (LSD), or an analog thereof;
|
|
(7.5) (A) not less than 4 years and not more than 15
|
| years with respect to: (i) 15 grams or more but less than 100 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 15 or more pills, tablets, caplets, capsules, or objects but less than 200 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
|
|
(B) not less than 6 years and not more than 30
|
| years with respect to: (i) 100 grams or more but less than 400 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 200 or more pills, tablets, caplets, capsules, or objects but less than 600 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
|
|
(C) not less than 8 years and not more than 40
|
| years with respect to: (i) 400 grams or more but less than 900 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 600 or more pills, tablets, caplets, capsules, or objects but less than 1,500 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
|
|
(D) not less than 10 years and not more than 50
|
| years with respect to: (i) 900 grams or more of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 1,500 or more pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of a substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
|
|
(8) 30 grams or more of any substance containing
|
| pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;
|
|
(9) 30 grams or more of any substance containing
|
| methaqualone or any of the salts, isomers and salts of isomers of methaqualone;
|
|
(10) 30 grams or more of any substance containing
|
| phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);
|
|
(10.5) 30 grams or more of any substance containing
|
| ketamine or any of the salts, isomers and salts of isomers of ketamine;
|
|
(11) 200 grams or more of any substance containing
|
| any substance classified as a narcotic drug in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.
|
|
(b) Any person sentenced with respect to violations of paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) involving 100
grams or more of the
controlled substance named therein, may in addition to the penalties
provided therein, be fined an amount not to exceed $200,000 or the full
street value of the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure of 1963. Any
person sentenced with respect to any other provision of subsection (a), may
in addition to the penalties provided therein, be fined an amount not to
exceed $200,000.
(c) Any person who violates this Section with regard to an amount
of a controlled substance other than methamphetamine or counterfeit substance not set forth in
subsection (a) or (d) is guilty of a Class 4 felony. The fine for a
violation punishable under this subsection (c) shall not be more
than $25,000.
(d) Any person who violates this Section with regard to any amount of
anabolic steroid is guilty of a Class C misdemeanor
for the first offense and a Class B misdemeanor for a subsequent offense
committed within 2 years of a prior conviction.
(Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18 .)
|
(720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
Sec. 406. (a) It is unlawful for any person:
(1) who is subject to Article III knowingly to |
| distribute or dispense a controlled substance in violation of Sections 308 through 314.5 of this Act; or
|
|
(2) who is a registrant, to manufacture a controlled
|
| substance not authorized by his or her registration, or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person; or
|
|
(3) to refuse or fail to make, keep or furnish any
|
| record, notification, order form, statement, invoice or information required under this Act; or
|
|
(4) to refuse an entry into any premises for any
|
| inspection authorized by this Act; or
|
|
(5) knowingly to keep or maintain any store, shop,
|
| warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by a person unlawfully possessing controlled substances, or which is used for possessing, manufacturing, dispensing or distributing controlled substances in violation of this Act.
|
|
Any person who violates this subsection (a) is guilty of a Class A
misdemeanor for the first offense and a Class 4 felony for each subsequent
offense. The fine for each subsequent offense shall not be more than
$100,000. In addition, any practitioner who is found guilty of violating
this subsection (a) is subject to suspension and revocation of his or her
professional license, in accordance with such procedures as are provided by
law for the taking of disciplinary action with regard to the license of
said practitioner's profession.
(b) It is unlawful for any person knowingly:
(1) to distribute, as a registrant, a controlled
|
| substance classified in Schedule I or II, except pursuant to an order form as required by Section 307 of this Act; or
|
|
(2) to use, in the course of the manufacture or
|
| distribution of a controlled substance, a registration number which is fictitious, revoked, suspended, or issued to another person; or
|
|
(3) to acquire or obtain, or attempt to acquire or
|
| obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge; or
|
|
(3.1) to withhold information requested from a
|
| practitioner, with the intent to obtain a controlled substance that has not been prescribed, by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact; or
|
|
(4) to furnish false or fraudulent material
|
| information in, or omit any material information from, any application, report or other document required to be kept or filed under this Act, or any record required to be kept by this Act; or
|
|
(5) to make, distribute or possess any punch, die,
|
| plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another, or any likeness of any of the foregoing, upon any controlled substance or container or labeling thereof so as to render the drug a counterfeit substance; or
|
|
(6) (blank); or
(7) (blank).
Any person who violates this subsection (b) is guilty of a Class 4 felony
for the first offense and a Class 3 felony for each subsequent offense.
The fine for the first offense shall be not more than $100,000. The fine
for each subsequent offense shall not be more than $200,000.
(c) A person who knowingly or intentionally violates Section 316, 317, 318,
or 319 is guilty of a Class A misdemeanor.
(Source: P.A. 99-480, eff. 9-9-15.)
|
(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
Sec. 407. (a)(1)(A) Any person 18 years of age or over who violates any
subsection of Section 401 or subsection (b) of Section 404 by delivering a
controlled, counterfeit or look-alike substance to a person under 18 years
of age may be sentenced to imprisonment for a term up to twice the maximum
term and fined an amount up to twice that amount otherwise authorized by
the pertinent subsection of Section 401 and Subsection (b) of Section 404.
(B) (Blank).
(2) Except as provided in paragraph (3) of this subsection, any person
who violates:
(A) subsection (c) of Section 401 by delivering or |
| possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 1 felony, the fine for which shall not exceed $250,000;
|
|
(B) subsection (d) of Section 401 by delivering or
|
| possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 2 felony, the fine for which shall not exceed $200,000;
|
|
(C) subsection (e) of Section 401 or subsection (b)
|
| of Section 404 by delivering or possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $150,000;
|
|
(D) subsection (f) of Section 401 by delivering or
|
| possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $125,000;
|
|
(E) subsection (g) of Section 401 by delivering or
|
| possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $100,000;
|
|
(F) subsection (h) of Section 401 by delivering or
|
| possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $75,000;
|
|
(3) Any person who violates paragraph (2) of this subsection (a) by
delivering or possessing with intent to deliver a controlled, counterfeit,
or look-alike substance in or on, or within 500 feet of a truck stop or a
safety rest area, following a prior conviction or convictions of paragraph
(2) of this subsection (a) may be sentenced to a term of imprisonment up to
2 times the maximum term and fined an amount up to 2 times the amount
otherwise authorized by Section 401.
(4) For the purposes of this subsection (a):
(A) "Safety rest area" means a roadside facility
|
| removed from the roadway with parking and facilities designed for motorists' rest, comfort, and information needs; and
|
|
(B) "Truck stop" means any facility (and its parking
|
| areas) used to provide fuel or service, or both, to any commercial motor vehicle as defined in Section 18b-101 of the Illinois Vehicle Code.
|
|
(b) Any person who violates:
(1) subsection (c) of Section 401 in any school, on
|
| or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class X felony, the fine for which shall not exceed $500,000;
|
|
(2) subsection (d) of Section 401 in any school, on
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| or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 1 felony, the fine for which shall not exceed $250,000;
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(3) subsection (e) of Section 401 or Subsection (b)
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| of Section 404 in any school, on or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $200,000;
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(4) subsection (f) of Section 401 in any school, on
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| or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $150,000;
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(5) subsection (g) of Section 401 in any school, on
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| or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $125,000;
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(6) subsection (h) of Section 401 in any school, on
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| or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $100,000.
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(c) Regarding penalties prescribed in subsection
(b) for violations committed in a school or on or within 500
feet of school property, the time of day and time of year at the time of the offense is irrelevant.
(Source: P.A. 100-3, eff. 1-1-18 .)
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