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91_HB2574ham001 LRB9104866DJcdam 1 AMENDMENT TO HOUSE BILL 2574 2 AMENDMENT NO. . Amend House Bill 2574 by replacing 3 the title with the following: 4 "AN ACT to amend the Illinois Controlled Substances Act 5 by changing Sections 309, 312, and 406, by adding Sections 6 316, 317, 318, 319, and 320 and repealing Sections 308, 310, 7 and 311."; and 8 by replacing everything after the enacting clause with the 9 following: 10 "Section 5. The Illinois Controlled Substances Act is 11 amended by changing Sections 309, 312, and 406 and by adding 12 Sections 316, 317, 318, 319, and 320 as follows: 13 (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309) 14 Sec. 309. No person shall issue a prescription for a 15 Schedule II controlled substance, which is a narcotic drug 16 listed in Section 206 of this Act; or which contains any 17 quantity of amphetamine or methamphetamine, their salts, 18 optical isomers or salts of optical isomers; phenmetrazine 19 and its salts; gluthethimide; pentazocine; or which is 20 hereafter determined to be a "designated product," as defined 21 in Section 102 of this Act, other than on a written
the-2- LRB9104866DJcdam 1 officialprescription blank issued by the Department and no2 person shall fill any such prescription other than on the3 official prescription blank issued by the Department; 4 provided that in the case of an emergency, epidemic or a 5 sudden or unforeseen accident or calamity, the prescriber may 6 issue a lawful oral prescription or transmit via facsimile7 equipment a written prescription order or a written8 prescription on a blank other than the official prescription9 blank issued by the Departmentwhere failure to issue such a 10 prescription might result in loss of life or intense 11 suffering, but such oral prescription shall include a 12 statement have endorsed thereonby the prescriber a statement13 concerning the accident or calamity, or circumstances 14 constituting the emergency, the cause for which a written 15 prescription the unofficial blankwas used. Within 72 hours 16 after issuing an emergency prescription, the prescriber shall 17 cause a written prescription on the official prescription18 blankfor the emergency quantity prescribed to be delivered 19 to the dispensing pharmacist. The prescription shall have 20 written on its face "Authorization for Emergency Dispensing", 21 and the date of the emergency prescription. The written 22 prescription on the official prescription blankmay be 23 delivered to the pharmacist in person, orby mail or via 24 facsimile equipment, but if delivered by mail it must be 25 postmarked within the 72-hour period. Upon receipt, the 26 dispensing pharmacist shall attach this prescription to the 27 emergency oral prescription earlier received and , or in the28 case of an oral prescription,reduced to writing. The 29 dispensing pharmacist shall notify the Department of Human 30 Services if the prescriber fails to deliver the authorization 31 for emergency dispensing on the officialprescription blank32 to him. Failure of the dispensing pharmacist to do so shall 33 void the authority conferred by this paragraph to dispense 34 without a written prescription on an official prescription-3- LRB9104866DJcdam 1 blankof a prescriber. All prescriptions on the official2 blanks shall be written in triplicate and all three copies3 signed by the prescriber.All prescriptions issued for 4 Schedule II controlled substances shall include both a 5 written and numerical notation of quantity on the face of the 6 prescription. No prescription for a Schedule II controlled 7 substance may be refilled. 8 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.) 9 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312) 10 Sec. 312. Requirements for dispensing controlled 11 substances. 12 (a) A practitioner, in good faith, may dispense a 13 Schedule II controlled substance, which is a narcotic drug 14 listed in Section 206 of this Act; or which contains any 15 quantity of amphetamine or methamphetamine, their salts, 16 optical isomers or salts of optical isomers; phenmetrazine 17 and its salts; pentazocine; or which is hereafter determined 18 to be a "designated product," as defined in Section 102 of 19 this Act to any person upon an official prescription formand 20 Schedule III, IV, or V controlled substances to any person 21 upon a written prescription of any prescriber, dated and 22 signed by the person prescribing on the day when issued and 23 bearing the name and address of the patient for whom, or the 24 owner of the animal for which the controlled substance is 25 dispensed, and the full name, address and registry number 26 under the laws of the United States relating to controlled 27 substances of the prescriber, if he is required by those laws 28 to be registered. If the prescription is for an animal it 29 shall state the species of animal for which it is ordered. 30 The practitioner filling the prescription shall write the 31 date of filling and his own signature on the face of the 32 written officialprescription form. The official prescription33 form or thewritten prescription shall be retained on file by -4- LRB9104866DJcdam 1 the practitioner who filled it or pharmacy in which the 2 prescription was filled for a period of 2 years, so as to be 3 readily accessible for inspection or removal by any officer 4 or employee engaged in the enforcement of this Act. Whenever 5 the practitioner's or pharmacy's copy of any prescription 6 formis removed by an officer or employee engaged in the 7 enforcement of this Act, for the purpose of investigation or 8 as evidence, such officer or employee shall give to the 9 practitioner or pharmacy a receipt in lieu thereof. A 10 prescription form for a Schedule II controlled substance 11 shall not be filled more than 7 days after the date of 12 issuance. A written prescription for Schedule III, IV or V 13 controlled substances shall not be filled or refilled more 14 than 6 months after the date thereof or refilled more than 5 15 times unless renewed, in writing, by the prescriber. 16 (b) In lieu of a written prescription required by this 17 Section, a pharmacist, in good faith, may dispense Schedule 18 III, IV, or V substances to any person either upon receiving 19 a facsimile of a written, signed prescription transmitted by 20 the prescriber or the prescriber's agent or upon a lawful 21 oral prescription of a prescriber which oral prescription 22 shall be reduced promptly to writing by the pharmacist and 23 such written memorandum thereof shall be dated on the day 24 when such oral prescription is received by the pharmacist and 25 shall bear the full name and address of the ultimate user for 26 whom, or of the owner of the animal for which the controlled 27 substance is dispensed, and the full name, address, and 28 registry number under the law of the United States relating 29 to controlled substances of the prescriber prescribing if he 30 is required by those laws to be so registered, and the 31 pharmacist filling such oral prescription shall write the 32 date of filling and his own signature on the face of such 33 written memorandum thereof. The facsimile copy of the 34 prescription or written memorandum of the oral prescription -5- LRB9104866DJcdam 1 shall be retained on file by the proprietor of the pharmacy 2 in which it is filled for a period of not less than two 3 years, so as to be readily accessible for inspection by any 4 officer or employee engaged in the enforcement of this Act in 5 the same manner as a written prescription. The facsimile 6 copy of the prescription or oral prescription and the written 7 memorandum thereof shall not be filled or refilled more than 8 6 months after the date thereof or be refilled more than 5 9 times, unless renewed, in writing, by the prescriber. 10 (c) A controlled substance included in Schedule V shall 11 not be distributed or dispensed other than for a medical 12 purpose and not for the purpose of evading this Act, and 13 then: 14 (1) only personally by a person registered to 15 dispense a Schedule V controlled substance and then only 16 to his patients, or 17 (2) only personally by a pharmacist, and then only 18 to a person over 21 years of age who has identified 19 himself to the pharmacist by means of 2 positive 20 documents of identification. 21 (3) the dispenser shall record the name and address 22 of the purchaser, the name and quantity of the product, 23 the date and time of the sale, and the dispenser's 24 signature. 25 (4) no person shall purchase or be dispensed more 26 than 120 milliliters or more than 120 grams of any 27 Schedule V substance which contains codeine, 28 dihydrocodeine, or any salts thereof, or ethylmorphine, 29 or any salts thereof, in any 96 hour period. The 30 purchaser shall sign a form, approved by the Department 31 of Professional Regulation, attesting that he has not 32 purchased any Schedule V controlled substances within the 33 immediately preceding 96 hours. 34 (5) a copy of the records of sale, including all -6- LRB9104866DJcdam 1 information required by paragraph (3), shall be forwarded 2 to the Department of Professional Regulation at its 3 principal office by the 15th day of the following month. 4 (6) all records of purchases and sales shall be 5 maintained for not less than 2 years. 6 (7) no person shall obtain or attempt to obtain 7 within any consecutive 96 hour period any Schedule V 8 substances of more than 120 milliliters or more than 120 9 grams containing codeine, dihydrocodeine or any of its 10 salts, or ethylmorphine or any of its salts. Any person 11 obtaining any such preparations or combination of 12 preparations in excess of this limitation shall be in 13 unlawful possession of such controlled substance. 14 (8) a person qualified to dispense controlled 15 substances under this Act and registered thereunder shall 16 at no time maintain or keep in stock a quantity of 17 Schedule V controlled substances defined and listed in 18 Section 212 (b) (1), (2) or (3) in excess of 4.5 liters 19 for each substance; a pharmacy shall at no time maintain 20 or keep in stock a quantity of Schedule V controlled 21 substances as defined in excess of 4.5 liters for each 22 substance, plus the additional quantity of controlled 23 substances necessary to fill the largest number of 24 prescription orders filled by that pharmacy for such 25 controlled substances in any one week in the previous 26 year. These limitations shall not apply to Schedule V 27 controlled substances which Federal law prohibits from 28 being dispensed without a prescription. 29 (9) no person shall distribute or dispense butyl 30 nitrite for inhalation or other introduction into the 31 human body for euphoric or physical effect. 32 (d) Every practitioner shall keep a record of controlled 33 substances received by him and a record of all such 34 controlled substances administered, dispensed or -7- LRB9104866DJcdam 1 professionally used by him otherwise than by prescription. 2 It shall, however, be sufficient compliance with this 3 paragraph if any practitioner utilizing controlled substances 4 listed in Schedules III, IV and V shall keep a record of all 5 those substances dispensed and distributed by him other than 6 those controlled substances which are administered by the 7 direct application of a controlled substance, whether by 8 injection, inhalation, ingestion, or any other means to the 9 body of a patient or research subject. A practitioner who 10 dispenses, other than by administering, a controlled 11 substance in Schedule II, which is a narcotic drug listed in 12 Section 206 of this Act, or which contains any quantity of 13 amphetamine or methamphetamine, their salts, optical isomers 14 or salts of optical isomers, pentazocine, methaqualone, or 15 which is hereafter determined to be a "designated product" as 16 defined in Section 102 of this Act, shall do so only upon the 17 issuance of a written an officialprescription blankby a 18 prescriber; and every practitioner who so dispenses such 19 designated products shall comply with the provisions of 20 Sections 310 and 311 of this Act. 21 (e) Whenever a manufacturer distributes a controlled 22 substance in a package prepared by him, and whenever a 23 wholesale distributor distributes a controlled substance in a 24 package prepared by him or the manufacturer, he shall 25 securely affix to each package in which that substance is 26 contained a label showing in legible English the name and 27 address of the manufacturer, the distributor and the 28 quantity, kind and form of controlled substance contained 29 therein. No person except a pharmacist and only for the 30 purposes of filling a prescription under this Act, shall 31 alter, deface or remove any label so affixed. 32 (f) Whenever a practitioner dispenses any controlled 33 substance, he shall affix to the container in which such 34 substance is sold or dispensed, a label indicating the date -8- LRB9104866DJcdam 1 of initial filling, the practitioner's name and address, the2 serial number of the prescription,the name of the patient, 3 the name of the prescriber, the directions for use and 4 cautionary statements, if any, contained in any prescription 5 or required by law, the proprietary name or names or the 6 established name of the controlled substance, and the dosage 7 and quantity, except as otherwise authorized by regulation by 8 the Department of Professional Regulation. No person shall 9 alter, deface or remove any label so affixed. 10 (g) A person to whom or for whose use any controlled 11 substance has been prescribed or dispensed by a practitioner, 12 or other persons authorized under this Act, and the owner of 13 any animal for which such substance has been prescribed or 14 dispensed by a veterinarian, may lawfully possess such 15 substance only in the container in which it was delivered to 16 him by the person dispensing such substance. 17 (h) The responsibility for the proper prescribing or 18 dispensing of controlled substances is upon the prescriber 19 and the responsibility for the proper filling of a 20 prescription for controlled substance drugs rests with the 21 pharmacist. An order purporting to be a prescription issued 22 to any individual, which is not in the regular course of 23 professional treatment nor part of an authorized methadone 24 maintenance program, nor in legitimate and authorized 25 research instituted by any accredited hospital, educational 26 institution, charitable foundation, or federal, state or 27 local governmental agency, and which is intended to provide 28 that individual with controlled substances sufficient to 29 maintain that individual's or any other individual's physical 30 or psychological addiction, habitual or customary use, 31 dependence, or diversion of that controlled substance is not 32 a prescription within the meaning and intent of this Act; and 33 the person issuing it, shall be subject to the penalties 34 provided for violations of the law relating to controlled -9- LRB9104866DJcdam 1 substances. 2 (i) A prescriber shall not preprint or cause to be 3 preprinted a prescription for any controlled substance; nor 4 shall any practitioner issue, fill or cause to be issued or 5 filled, a preprinted prescription for any controlled 6 substance. 7 (j) No person shall manufacture, dispense, deliver, 8 possess with intent to deliver, prescribe, or administer or 9 cause to be administered under his direction any anabolic 10 steroid, for any use in humans other than the treatment of 11 disease in accordance with the order of a physician licensed 12 to practice medicine in all its branches for a valid medical 13 purpose in the course of professional practice. The use of 14 anabolic steroids for the purpose of hormonal manipulation 15 that is intended to increase muscle mass, strength or weight 16 without a medical necessity to do so, or for the intended 17 purpose of improving physical appearance or performance in 18 any form of exercise, sport, or game, is not a valid medical 19 purpose or in the course of professional practice. 20 (Source: P.A. 89-202, eff. 10-1-95; 90-253, eff. 7-29-97.) 21 (720 ILCS 570/316 new) 22 Sec. 316. Controlled substance prescription monitoring 23 program. 24 The Department must provide for a controlled substance 25 prescription monitoring program that includes the following 26 components: 27 (1) Each time a controlled substance designated by the 28 Department is dispensed, the dispenser must transmit to the 29 central repository the following information: 30 (A) The recipient's name. 31 (B) The recipient's address. 32 (C) The national drug code number of the controlled 33 substance dispensed. -10- LRB9104866DJcdam 1 (D) The date the controlled substance is dispensed. 2 (E) The quantity of the controlled substance 3 dispensed. 4 (F) The number of days of supply dispensed. 5 (G) The dispenser's United States Drug Enforcement 6 Agency registration number. 7 (H) The prescriber's United States Drug Enforcement 8 Agency registration number. 9 (2) The information required to be transmitted under 10 this Section must be transmitted not more than 15 days after 11 the date on which a controlled substance is dispensed. 12 (3) A dispenser must transmit the information required 13 under this Section by: 14 (A) an electronic device compatible with the 15 receiving device of the central repository; 16 (B) a computer diskette; 17 (C) a magnetic tape; or 18 (D) a pharmacy universal claim form or Pharmacy 19 Inventory Control form; 20 that meets specifications prescribed by the Department. 21 (720 ILCS 570/317 new) 22 Sec. 317. Central repository for collection of 23 information. 24 (a) The Department must designate a central repository 25 for the collection of information transmitted under Section 26 316. 27 (b) The central repository must do the following: 28 (1) Create a database for information required to 29 be transmitted under Section 316 in the form required 30 under rules adopted by the Department, including search 31 capability for the following: 32 (A) A recipient's name. 33 (B) A recipient's address. -11- LRB9104866DJcdam 1 (C) The national drug code number of a 2 controlled substance dispensed. 3 (D) The dates a controlled substance is 4 dispensed. 5 (E) The quantities of a controlled substance 6 dispensed. 7 (F) The number of days of supply dispensed. 8 (G) A dispenser's United States Drug 9 Enforcement Agency registration number. 10 (H) A prescriber's United States Drug 11 Enforcement Agency registration number. 12 (2) Provide the Department with continuing 24 hour a 13 day on-line access to the database maintained by the 14 central repository. The Department of Professional 15 Regulation must provide the Department with 24 hour 16 on-line access to the license information of a prescriber 17 or dispenser. 18 (3) Secure the information collected by the central 19 repository and the database maintained by the central 20 repository against access by unauthorized persons. 21 (720 ILCS 570/318 new) 22 Sec. 318. Confidentiality of information. 23 (a) Information received by the central repository under 24 Section 316 is confidential. 25 (b) The Department must carry out a program to protect 26 the confidentiality of the information described in 27 subsection (a). The Department may disclose the information 28 to another person only under subsection (c), (d), or (f) and 29 for a fee not to exceed the actual cost of furnishing the 30 information. 31 (c) The Department may disclose confidential information 32 described in subsection (a) to any person who is engaged in 33 receiving, processing, or storing the information. -12- LRB9104866DJcdam 1 (d) The Department may release confidential information 2 described in subsection (a) to the following persons: 3 (1) A governing body that licenses practitioners and 4 is engaged in an investigation, an adjudication, or a 5 prosecution of a violation under any state or federal law 6 that involves a controlled substance. 7 (2) An investigator for the Consumer Protection 8 Division of the office of the Attorney General, a 9 prosecuting attorney, the Attorney General, a deputy 10 Attorney General, or an investigator from the office of 11 the Attorney General, who is engaged in any of the 12 following activities involving controlled substances: 13 (A) an investigation; 14 (B) an adjudication; or 15 (C) a prosecution of a violation under any 16 state or federal law that involves a controlled 17 substance. 18 (3) A law enforcement officer who is: 19 (A) authorized by the Department of State 20 Police to receive information of the type requested 21 for the purpose of investigations involving 22 controlled substances; 23 (B) approved by the Department to receive 24 information of the type requested for the purpose of 25 investigations involving controlled substances; and 26 (C) engaged in the investigation or prosecution 27 of a violation under any State or federal law that 28 involves a controlled substance. 29 (e) Before the Department releases confidential 30 information under subsection (d), the applicant must 31 demonstrate to the Department that: 32 (1) the applicant has reason to believe that a 33 violation under any state or federal law that involves a 34 controlled substance has occurred; and -13- LRB9104866DJcdam 1 (2) the requested information is reasonably related 2 to the investigation, adjudication, or prosecution of the 3 violation described in subdivision (1). 4 (f) The Department may release to: 5 (1) a governing body that licenses practitioners; 6 (2) an investigator for the Consumer Protection 7 Division of the office of the Attorney General, a 8 prosecuting attorney, the Attorney General, a deputy 9 Attorney General, or an investigator from the office of 10 the Attorney General; or 11 (3) a law enforcement officer who is: 12 (A) authorized by the Department of State 13 Police to receive the type of information released; 14 and 15 (B) approved by the Department to receive the 16 type of information released; 17 confidential information generated from computer records that 18 identifies practitioners who are prescribing or dispensing 19 large quantities of a controlled substance as determined by 20 the Advisory Committee created by Section 320. 21 (g) The information described in subsection (f) may not 22 be released until it has been reviewed by an employee of the 23 Department who is licensed as a prescriber or a dispenser 24 and until that employee has certified that further 25 investigation is warranted. However, failure to comply with 26 this subsection (g) does not invalidate the use of any 27 evidence that is otherwise admissible in a proceeding 28 described in subsection (h). 29 (h) An investigator or a law enforcement officer 30 receiving confidential information under subsection (c), (d), 31 or (f) may disclose the information to a law enforcement 32 officer or an attorney for the office of the Attorney General 33 for use as evidence in the following: 34 (1) A proceeding under any state or federal law that -14- LRB9104866DJcdam 1 involves a controlled substance. 2 (2) A criminal proceeding or a proceeding in 3 juvenile court that involves a controlled substance. 4 (i) The Department may compile statistical reports from 5 the information described in subsection (a). The reports must 6 not include information that identifies any practitioner, 7 ultimate user, or other person administering a controlled 8 substance. 9 (720 ILCS 570/319 new) 10 Sec. 319. Rules. The Department must adopt rules under 11 the Illinois Administrative Procedure Act to implement 12 Sections 316 through 318, including the following: 13 (1) Information collection and retrieval procedures 14 for the central repository, including the controlled 15 substances to be included in the program required under 16 Section 316. 17 (2) Design for the creation of the database required 18 under Section 317. 19 (3) Requirements for the development and 20 installation of on-line electronic access by the 21 Department to information collected by the central 22 repository. 23 (720 ILCS 570/320 new) 24 Sec. 320. Advisory committee. 25 (a) The Secretary of Human Services must appoint an 26 advisory committee to assist the Department in implementing 27 the controlled substance prescription monitoring program 28 created by Section 316 of this Act. 29 (b) The Secretary of Human Services must determine the 30 number of members to serve on the advisory committee. The 31 Secretary must choose one of the members of the advisory 32 committee to serve as chair of the committee. -15- LRB9104866DJcdam 1 (c) The advisory committee may appoint its other 2 officers as it deems appropriate. 3 (d) The members of the advisory committee shall receive 4 no compensation for their services as members of the advisory 5 committee but may be reimbursed for their actual expenses 6 incurred in serving on the advisory committee. 7 (720 ILCS 570/406) (from Ch. 56 1/2, par. 1406) 8 Sec. 406. (a) It is unlawful for any person: 9 (1) who is subject to Article III knowingly to 10 distribute or dispense a controlled substance in violation of 11 Sections 308 through 314 of this Act; or 12 (2) who is a registrant, to manufacture a controlled 13 substance not authorized by his registration, or to 14 distribute or dispense a controlled substance not authorized 15 by his registration to another registrant or other authorized 16 person; or 17 (3) to refuse or fail to make, keep or furnish any 18 record, notification, order form, statement, invoice or 19 information required under this Act; or 20 (4) to refuse an entry into any premises for any 21 inspection authorized by this Act; or 22 (5) knowingly to keep or maintain any store, shop, 23 warehouse, dwelling, building, vehicle, boat, aircraft, or 24 other structure or place, which is resorted to by a person 25 unlawfully possessing controlled substances, or which is used 26 for possessing, manufacturing, dispensing or distributing 27 controlled substances in violation of this Act. 28 Any person who violates this subsection (a) is guilty of 29 a Class A misdemeanor for the first offense and a Class 4 30 felony for each subsequent offense. The fine for each 31 subsequent offense shall not be more than $100,000. In 32 addition, any practitioner who is found guilty of violating 33 this subsection (a) is subject to suspension and revocation -16- LRB9104866DJcdam 1 of his professional license, in accordance with such 2 procedures as are provided by law for the taking of 3 disciplinary action with regard to the license of said 4 practitioner's profession. 5 (b) It is unlawful for any person knowingly: 6 (1) to distribute, as a registrant, a controlled 7 substance classified in Schedule I or II, except pursuant to 8 an order form as required by Section 307 of this Act; or 9 (2) to use, in the course of the manufacture or 10 distribution of a controlled substance, a registration number 11 which is fictitious, revoked, suspended, or issued to another 12 person; or 13 (3) to acquire or obtain possession of a controlled 14 substance by misrepresentation, fraud, forgery, deception or 15 subterfuge; or 16 (4) to furnish false or fraudulent material information 17 in, or omit any material information from, any application, 18 report or other document required to be kept or filed under 19 this Act, or any record required to be kept by this Act; or 20 (5) to make, distribute or possess any punch, die, 21 plate, stone or other thing designed to print, imprint or 22 reproduce the trademark, trade name or other identifying 23 mark, imprint or device of another, or any likeness of any of 24 the foregoing, upon any controlled substance or container or 25 labeling thereof so as to render the drug a counterfeit 26 substance; or 27 (6) to possess without authorization, officialblank 28 prescription forms or counterfeit prescription forms; or 29 (7) (Blank). to issue a prescription or fill any30 prescription for a controlled substance other than on the31 appropriate lawful prescription form. However, in the case32 of any epidemic or a sudden or unforeseen accident or33 calamity, the prescriber may issue a prescription on a form34 other than the official prescription form issued by the-17- LRB9104866DJcdam 1 Department, where failure to issue such a prescription might2 result in loss of life or intense suffering, but such3 prescription shall have endorsed thereon, by the prescriber,4 a statement concerning the accident, calamity or circumstance5 constituting the emergency, the cause of which the unofficial6 blank was used.7 Any person who violates this subsection (b) is guilty of 8 a Class 4 felony for the first offense and a Class 3 felony 9 for each subsequent offense. The fine for the first offense 10 shall be not more than $100,000. The fine for each 11 subsequent offense shall not be more than $200,000. 12 (c) A person who knowingly or intentionally violates 13 Section 316, 317, 318, or 319 is guilty of a Class A 14 misdemeanor. 15 (Source: P.A. 85-1287.) 16 (720 ILCS 570/308 rep.) 17 (720 ILCS 570/310 rep.) 18 (720 ILCS 570/311 rep.) 19 Section 10. The Illinois Controlled Substances Act is 20 amended by repealing Sections 308, 310, and 311.".
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