Public Act 093-0626
Public Act 93-0626 of the 93rd General Assembly
Public Act 93-0626
HB0648 Enrolled LRB093 07281 BDD 07440 b
AN ACT in relation to animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Humane Euthanasia in Animal Shelters Act
is amended by changing Sections 35, 55, and 57 as follows:
(510 ILCS 72/35)
Sec. 35. Technician certification; duties.
(a) An applicant for certification as a euthanasia
technician shall file an application with the Department and
shall:
(1) Be 18 years of age.
(2) Be of good moral character. In determining
moral character under this Section, the Department may
take into consideration whether the applicant has engaged
in conduct or activities that would constitute grounds
for discipline under this Act.
(3) Each applicant for certification as a
euthanasia technician shall have his or her fingerprints
submitted to the Department of State Police in an
electronic format that complies with the form and manner
for requesting and furnishing criminal history record
information as prescribed by the Department of State
Police. These fingerprints shall be checked against the
Department of State Police and Federal Bureau of
Investigation criminal history record databases now and
hereafter filed. The Department of State Police shall
charge applicants a fee for conducting the criminal
history records check, which shall be deposited in the
State Police Services Fund and shall not exceed the
actual cost of the records check. The Department of
State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. Submit fingerprints to the Illinois State
Police or its designated vendor as set forth by rule.
These fingerprints shall be checked against the Illinois
State Police and Federal Bureau of Investigation criminal
history record databases. A separate fee shall be
charged to the applicant for fingerprinting, payable
either to the Department or the Illinois State Police or
its designated vendor.
(4) Hold a current license or certification from
the American Humane Association, the National Animal
Control Association, the Illinois Federation of Humane
Societies, or the Humane Society of the United States
issued within 3 years preceding the date of application.
For a period of 12 months after the adoption of final
administrative rules for this Act, the Department may issue a
certification to an applicant who holds a license or
certification from the American Humane Association, the
National Animal Control Association, the Illinois Federation
of Humane Societies, or the Humane Society of the United
States issued after January 1, 1997.
(5) Pay the required fee.
(b) The duties of a euthanasia technician shall include
but are not limited to:
(1) preparing animals for euthanasia and scanning
each animal, prior to euthanasia, for microchips;
(2) accurately recording the dosages administered
and the amount of drugs wasted;
(3) ordering supplies;
(4) maintaining the security of all controlled
substances and drugs;
(5) humanely euthanizing animals via intravenous
injection by hypodermic needle, intraperitoneal injection
by hypodermic needle, solutions or powder added to food
or by mouth, intracardiac injection only on comatose
animals by hypodermic needle, or carbon monoxide in a
commercially manufactured chamber; and
(6) properly disposing of euthanized animals after
verification of death.
(c) A euthanasia technician employed by a euthanasia
agency may perform euthanasia by the administration of a
Schedule II or Schedule III nonnarcotic controlled substance.
A euthanasia technician may not personally possess, order, or
administer a controlled substance except as an agent of the
euthanasia agency.
(d) Upon termination from a euthanasia agency, a
euthanasia technician shall not perform animal euthanasia
until he or she is employed by another certified euthanasia
agency.
(e) A certified euthanasia technician or an instructor
in an approved course does not engage in the practice of
veterinary medicine when performing duties set forth in this
Act.
(Source: P.A. 92-449, eff. 1-1-02.)
(510 ILCS 72/55)
Sec. 55. Endorsement. An applicant, who is a euthanasia
technician registered or licensed under the laws of another
state or territory of the United States that has requirements
that are substantially similar to the requirements of this
Act, may be granted certification as a euthanasia technician
in this State without examination, upon presenting
satisfactory proof to the Department that the applicant has
been engaged in the practice of euthanasia for a period of
not less than one year and upon payment of the required fee.
In addition, an applicant shall have his or her fingerprints
submitted to the Department of State Police for purposes of a
criminal history records check pursuant to clause (a)(3) of
Section 35.
(Source: P.A. 92-449, eff. 1-1-02.)
(510 ILCS 72/57)
Sec. 57. Procedures for euthanasia.
(a) Only euthanasia drugs and commercially compressed
carbon monoxide, subject to the limitations imposed under
subsection (b) of this Section, shall be used for the purpose
of humanely euthanizing injured, sick, homeless, or unwanted
companion animals in an animal shelter or an animal control
facility licensed under the Illinois Animal Welfare Act.
(b) Commercially compressed carbon monoxide may be used
as a permitted method of euthanasia provided that it is
performed in a commercially manufactured chamber pursuant to
the guidelines set forth in the most recent report of the
AVMA Panel on Euthanasia. A chamber that is designed to
euthanize more than one animal at a time must be equipped
with independent sections or cages to separate incompatible
animals. The interior of the chamber must be well lit and
equipped with view-ports, a regulator, and a flow meter.
Monitoring equipment must be used at all times during the
operation. Animals that are under 4 months of age, old,
injured, or sick may not be euthanized by carbon monoxide.
Animals shall remain in the chamber and be exposed for a
minimum of 20 minutes. Staff members shall be fully notified
of potential health risks.
(c) Animals cannot be transported beyond State lines for
the sole purpose of euthanasia unless the euthanasia methods
comply with subsection (a) or (b) of this Section and the
euthanasia is performed by a certified euthanasia technician.
(Source: P.A. 92-449, eff. 1-1-02.)
(510 ILCS 72/50 rep.)
Section 10. The Humane Euthanasia in Animal Shelters Act
is amended by repealing Section 50.
Section 15. The Illinois Controlled Substances Act is
amended by changing Sections 102, 302, 303, 303.05, 304, and
306 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Addict" means any person who habitually uses any
drug, chemical, substance or dangerous drug other than
alcohol so as to endanger the public morals, health, safety
or welfare or who is so far addicted to the use of a
dangerous drug or controlled substance other than alcohol as
to have lost the power of self control with reference to his
addiction.
(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient, or
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his presence, by his
authorized agent), or
(2) the patient or research subject at the lawful
direction of the practitioner, or.
(3) a euthanasia technician as defined by the
Humane Euthanasia in Animal Shelters Act.
(c) "Agent" means an authorized person who acts on
behalf of or at the direction of a manufacturer, distributor,
or dispenser. It does not include a common or contract
carrier, public warehouseman or employee of the carrier or
warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins, and
corticosteroids) that promotes muscle growth, and includes:
(i) boldenone,
(ii) chlorotestosterone,
(iii) chostebol,
(iv) dehydrochlormethyltestosterone,
(v) dihydrotestosterone,
(vi) drostanolone,
(vii) ethylestrenol,
(viii) fluoxymesterone,
(ix) formebulone,
(x) mesterolone,
(xi) methandienone,
(xii) methandranone,
(xiii) methandriol,
(xiv) methandrostenolone,
(xv) methenolone,
(xvi) methyltestosterone,
(xvii) mibolerone,
(xviii) nandrolone,
(xix) norethandrolone,
(xx) oxandrolone,
(xxi) oxymesterone,
(xxii) oxymetholone,
(xxiii) stanolone,
(xxiv) stanozolol,
(xxv) testolactone,
(xxvi) testosterone,
(xxvii) trenbolone, and
(xxviii) any salt, ester, or isomer of a drug
or substance described or listed in this paragraph,
if that salt, ester, or isomer promotes muscle
growth.
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be
administered through implants to livestock or other nonhuman
species, and which is approved by the Secretary of Health and
Human Services for such administration, and which the person
intends to administer or have administered through such
implants, shall not be considered to be in unauthorized
possession or to unlawfully manufacture, distribute,
dispense, deliver, or possess with intent to deliver such
anabolic steroid for purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule under Article II of this
Act whether by transfer from another Schedule or otherwise.
(f) "Controlled Substance" means a drug, substance, or
immediate precursor in the Schedules of Article II of this
Act.
(g) "Counterfeit substance" means a controlled
substance, which, or the container or labeling of which,
without authorization bears the trademark, trade name, or
other identifying mark, imprint, number or device, or any
likeness thereof, of a manufacturer, distributor, or
dispenser other than the person who in fact manufactured,
distributed, or dispensed the substance.
(h) "Deliver" or "delivery" means the actual,
constructive or attempted transfer of possession of a
controlled substance, with or without consideration, whether
or not there is an agency relationship.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) "Department of State Police" means the Department of
State Police of the State of Illinois or its successor
agency.
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Professional Regulation" means the
Department of Professional Regulation of the State of
Illinois or its successor agency.
(m) "Depressant" or "stimulant substance" means:
(1) a drug which contains any quantity of (i)
barbituric acid or any of the salts of barbituric acid
which has been designated as habit forming under section
502 (d) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 352 (d)); or
(2) a drug which contains any quantity of (i)
amphetamine or methamphetamine and any of their optical
isomers; (ii) any salt of amphetamine or methamphetamine
or any salt of an optical isomer of amphetamine; or (iii)
any substance which the Department, after investigation,
has found to be, and by rule designated as, habit forming
because of its depressant or stimulant effect on the
central nervous system; or
(3) lysergic acid diethylamide; or
(4) any drug which contains any quantity of a
substance which the Department, after investigation, has
found to have, and by rule designated as having, a
potential for abuse because of its depressant or
stimulant effect on the central nervous system or its
hallucinogenic effect.
(n) (Blank).
(o) "Director" means the Director of the Department of
State Police or the Department of Professional Regulation or
his designated agents.
(p) "Dispense" means to deliver a controlled substance
to an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in
the official United States Pharmacopoeia, Official
Homeopathic Pharmacopoeia of the United States, or official
National Formulary, or any supplement to any of them; (2)
substances intended for use in diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; (3)
substances (other than food) intended to affect the structure
of any function of the body of man or animals and (4)
substances intended for use as a component of any article
specified in clause (1), (2), or (3) of this subsection. It
does not include devices or their components, parts, or
accessories.
(t-5) "Euthanasia agency" means an entity certified by
the Department of Professional Regulation for the purpose of
animal euthanasia that holds an animal control facility
license or animal shelter license under the Animal Welfare
Act. A euthanasia agency is authorized to purchase, store,
possess, and utilize Schedule II nonnarcotic and Schedule III
nonnarcotic drugs for the sole purpose of animal euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule
III substances (nonnarcotic controlled substances) that are
used by a euthanasia agency for the purpose of animal
euthanasia.
(u) "Good faith" means the prescribing or dispensing of
a controlled substance by a practitioner in the regular
course of professional treatment to or for any person who is
under his treatment for a pathology or condition other than
that individual's physical or psychological dependence upon
or addiction to a controlled substance, except as provided
herein: and application of the term to a pharmacist shall
mean the dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to
the following, in making the judgment:
(1) lack of consistency of doctor-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages,
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-1) "Home infusion services" means services provided
by a pharmacy in compounding solutions for direct
administration to a patient in a private residence, long-term
care facility, or hospice setting by means of parenteral,
intravenous, intramuscular, subcutaneous, or intraspinal
infusion.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by
rule designated as being a principal compound used, or
produced primarily for use, in the manufacture of a
controlled substance;
(2) which is an immediate chemical intermediary
used or likely to be used in the manufacture of such
controlled substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(w) "Instructional activities" means the acts of
teaching, educating or instructing by practitioners using
controlled substances within educational facilities approved
by the State Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than
a controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying
physical characteristic of the substance, would lead a
reasonable person to believe that the substance is a
controlled substance, or (2) is expressly or impliedly
represented to be a controlled substance or is distributed
under circumstances which would lead a reasonable person to
believe that the substance is a controlled substance. For the
purpose of determining whether the representations made or
the circumstances of the distribution would lead a reasonable
person to believe the substance to be a controlled substance
under this clause (2) of subsection (y), the court or other
authority may consider the following factors in addition to
any other factor that may be relevant:
(a) statements made by the owner or person in
control of the substance concerning its nature, use or
effect;
(b) statements made to the buyer or recipient that
the substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(d) whether the distribution or attempted
distribution included an exchange of or demand for money
or other property as consideration, and whether the
amount of the consideration was substantially greater
than the reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing
or distributing of noncontrolled substances by persons
authorized to dispense and distribute controlled substances
under this Act, provided that such action would be deemed to
be carried out in good faith under subsection (u) if the
substances involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits
the manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug
or drugs by any person registered pursuant to Section 510 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois,
that delivers, dispenses or distributes, through the United
States Postal Service or other common carrier, to Illinois
residents, any substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance, either directly or indirectly, by
extraction from substances of natural origin, or
independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and
includes any packaging or repackaging of the substance or
labeling of its container, except that this term does not
include:
(1) by an ultimate user, the preparation or
compounding of a controlled substance for his own use; or
(2) by a practitioner, or his authorized agent
under his supervision, the preparation, compounding,
packaging, or labeling of a controlled substance:
(a) as an incident to his administering or
dispensing of a controlled substance in the course
of his professional practice; or
(b) as an incident to lawful research,
teaching or chemical analysis and not for sale.
(z-1) "Methamphetamine manufacturing chemical" means any
of the following chemicals or substances containing any of
the following chemicals: benzyl methyl ketone, ephedrine,
methyl benzyl ketone, phenylacetone, phenyl-2-propanone,
pseudoephedrine, or red phosphorous or any of the salts,
optical isomers, or salts of optical isomers of the
above-listed chemicals.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) opium and opiate, and any salt, compound,
derivative, or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative, or
preparation thereof which is chemically equivalent or
identical with any of the substances referred to in
clause (1), but not including the isoquinoline alkaloids
of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salts, compound, isomer,
salt of an isomer, derivative, or preparation of coca
leaves including cocaine or ecgonine, and any salt,
compound, isomer, derivative, or preparation thereof
which is chemically equivalent or identical with any of
these substances, but not including decocainized coca
leaves or extractions of coca leaves which do not contain
cocaine or ecgonine (for the purpose of this paragraph,
the term "isomer" includes optical, positional and
geometric isomers).
(bb) "Nurse" means a registered nurse licensed under the
Nursing and Advanced Practice Nursing Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species
Papaver somniferum L., except its seeds.
(ff) "Parole and Pardon Board" means the Parole and
Pardon Board of the State of Illinois or its successor
agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision
or agency, business trust, estate, trust, partnership or
association, or any other entity.
(hh) "Pharmacist" means any person who holds a
certificate of registration as a registered pharmacist, a
local registered pharmacist or a registered assistant
pharmacist under the Pharmacy Practice Act of 1987.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the
Pharmacy Practice Act of 1987.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to
practice medicine in all its branches, dentist, podiatrist,
veterinarian, scientific investigator, pharmacist, physician
assistant, advanced practice nurse, licensed practical nurse,
registered nurse, hospital, laboratory, or pharmacy, or other
person licensed, registered, or otherwise lawfully permitted
by the United States or this State to distribute, dispense,
conduct research with respect to, administer or use in
teaching or chemical analysis, a controlled substance in the
course of professional practice or research.
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been
indicated prior to the time of issuance.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, podiatrist or
veterinarian who issues a prescription, a physician assistant
who issues a prescription for a Schedule III, IV, or V
controlled substance in accordance with Section 303.05 and
the written guidelines required under Section 7.5 of the
Physician Assistant Practice Act of 1987, or an advanced
practice nurse with prescriptive authority in accordance with
Section 303.05 and a written collaborative agreement under
Sections 15-15 and 15-20 of the Nursing and Advanced Practice
Nursing Act.
(nn) "Prescription" means a lawful written, facsimile,
or verbal order of a physician licensed to practice medicine
in all its branches, dentist, podiatrist or veterinarian for
any controlled substance, of a physician assistant for a
Schedule III, IV, or V controlled substance in accordance
with Section 303.05 and the written guidelines required under
Section 7.5 of the Physician Assistant Practice Act of 1987,
or of an advanced practice nurse who issues a prescription
for a Schedule III, IV, or V controlled substance in
accordance with Section 303.05 and a written collaborative
agreement under Sections 15-15 and 15-20 of the Nursing and
Advanced Practice Nursing Act.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
(rr) "State" includes the State of Illinois and any
state, district, commonwealth, territory, insular possession
thereof, and any area subject to the legal authority of the
United States of America.
(ss) "Ultimate user" means a person who lawfully
possesses a controlled substance for his own use or for the
use of a member of his household or for administering to an
animal owned by him or by a member of his household.
(Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03.)
(720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
Sec. 302. (a) Every person who manufactures, distributes,
or dispenses any controlled substances, or engages in
chemical analysis, and instructional activities which utilize
controlled substances, or who purchases, stores, or
administers euthanasia drugs, within this State or who
proposes to engage in the manufacture, distribution, or
dispensing of any controlled substance, or to engage in
chemical analysis, and instructional activities which utilize
controlled substances, or to engage in purchasing, storing,
or administering euthanasia drugs, within this State, must
obtain a registration issued by the Department of
Professional Regulation in accordance with its rules. The
rules shall include, but not be limited to, setting the
expiration date and renewal period for each registration
under this Act. The Department, and any facility or service
licensed by the Department, shall be exempt from the
regulation requirements of this Section.
(b) Persons registered by the Department of Professional
Regulation under this Act to manufacture, distribute, or
dispense controlled substances, or purchase, store, or
administer euthanasia drugs, may possess, manufacture,
distribute, or dispense those substances, or purchase, store,
or administer euthanasia drugs, to the extent authorized by
their registration and in conformity with the other
provisions of this Article.
(c) The following persons need not register and may
lawfully possess controlled substances under this Act:
(1) an agent or employee of any registered
manufacturer, distributor, or dispenser of any controlled
substance if he is acting in the usual course of his
employer's lawful business or employment;
(2) a common or contract carrier or warehouseman,
or an agent or employee thereof, whose possession of any
controlled substance is in the usual lawful course of
such business or employment;
(3) an ultimate user or a person in possession of
any controlled substance pursuant to a lawful
prescription of a practitioner or in lawful possession of
a Schedule V substance;
(4) officers and employees of this State or of the
United States while acting in the lawful course of their
official duties which requires possession of controlled
substances;
(5) a registered pharmacist who is employed in, or
the owner of, a pharmacy licensed under this Act and the
Federal Controlled Substances Act, at the licensed
location, or if he is acting in the usual course of his
lawful profession, business, or employment.
(d) A separate registration is required at each place of
business or professional practice where the applicant
manufactures, distributes, or dispenses controlled
substances, or purchases, stores, or administers euthanasia
drugs. Persons are required to obtain a separate registration
for each place of business or professional practice where
controlled substances are located or stored. A separate
registration is not required for every location at which a
controlled substance may be prescribed.
(e) The Department of Professional Regulation or the
Department of State Police may inspect the controlled
premises, as defined in Section 502 of this Act, of a
registrant or applicant for registration in accordance with
this Act and the rules promulgated hereunder and with regard
to persons licensed by the Department, in accordance with
subsection (bb) of Section 30-5 of the Alcoholism and Other
Drug Abuse and Dependency Act and the rules and regulations
promulgated thereunder.
(Source: P.A. 87-711; 88-670, eff. 12-2-94.)
(720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
Sec. 303. (a) The Department of Professional Regulation
shall license an applicant to manufacture, distribute or
dispense controlled substances included in Sections 204, 206,
208, 210 and 212 of this Act or purchase, store, or
administer euthanasia drugs unless it determines that the
issuance of that license would be inconsistent with the
public interest. In determining the public interest, the
Department of Professional Regulation shall consider the
following:
(1) maintenance of effective controls against
diversion of controlled substances into other than lawful
medical, scientific, or industrial channels;
(2) compliance with applicable Federal, State and
local law;
(3) any convictions of the applicant under any law
of the United States or of any State relating to any
controlled substance;
(4) past experience in the manufacture or
distribution of controlled substances, and the existence
in the applicant's establishment of effective controls
against diversion;
(5) furnishing by the applicant of false or
fraudulent material in any application filed under this
Act;
(6) suspension or revocation of the applicant's
Federal registration to manufacture, distribute, or
dispense controlled substances, or purchase, store, or
administer euthanasia drugs, as authorized by Federal
law;
(7) whether the applicant is suitably equipped with
the facilities appropriate to carry on the operation
described in his application;
(8) whether the applicant is of good moral
character or, if the applicant is a partnership,
association, corporation or other organization, whether
the partners, directors, governing committee and managing
officers are of good moral character;
(9) any other factors relevant to and consistent
with the public health and safety; and
(10) Evidence from court, medical disciplinary and
pharmacy board records and those of State and Federal
investigatory bodies that the applicant has not or does
not prescribe controlled substances within the provisions
of this Act.
(b) No license shall be granted to or renewed for any
person who has within 5 years been convicted of a wilful
violation of any law of the United States or any law of any
State relating to controlled substances, or who is found to
be deficient in any of the matters enumerated in subsections
(a)(1) through (a)(8).
(c) Licensure under subsection (a) does not entitle a
registrant to manufacture, distribute or dispense controlled
substances in Schedules I or II other than those specified in
the registration.
(d) Practitioners who are licensed to dispense any
controlled substances in Schedules II through V are
authorized to conduct instructional activities with
controlled substances in Schedules II through V under the law
of this State.
(e) If an applicant for registration is registered under
the Federal law to manufacture, distribute or dispense
controlled substances, or purchase, store, or administer
euthanasia drugs, upon filing a completed application for
licensure in this State and payment of all fees due
hereunder, he shall be licensed in this State to the same
extent as his Federal registration, unless, within 30 days
after completing his application in this State, the
Department of Professional Regulation notifies the applicant
that his application has not been granted. A practitioner
who is in compliance with the Federal law with respect to
registration to dispense controlled substances in Schedules
II through V need only send a current copy of that Federal
registration to the Department of Professional Regulation and
he shall be deemed in compliance with the registration
provisions of this State.
(e-5) Beginning July 1, 2003, all of the fees and fines
collected under this Section 303 shall be deposited into the
Illinois State Pharmacy Disciplinary Fund.
(f) The fee for registration as a manufacturer or
wholesale distributor of controlled substances shall be
$50.00 per year, except that the fee for registration as a
manufacturer or wholesale distributor of controlled
substances that may be dispensed without a prescription under
this Act shall be $15.00 per year. The expiration date and
renewal period for each controlled substance license issued
under this Act shall be set by rule.
(Source: P.A. 93-32, eff. 7-1-03.)
(720 ILCS 570/303.05)
Sec. 303.05. Mid-level practitioner registration.
(a) The Department of Professional Regulation shall
register licensed physician assistants and licensed advanced
practice nurses to prescribe and dispense Schedule III, IV,
or V controlled substances under Section 303 and euthanasia
agencies to purchase, store, or administer euthanasia drugs
under the following circumstances:
(1) with respect to physician assistants or
advanced practice nurses,
(A) the physician assistant or advanced
practice nurse has been delegated prescriptive
authority by a physician licensed to practice
medicine in all its branches in accordance with
Section 7.5 of the Physician Assistant Practice Act
of 1987 or Section 15-20 of the Nursing and Advanced
Practice Nursing Act; and
(B) (2) the physician assistant or advanced
practice nurse has completed the appropriate
application forms and has paid the required fees as
set by rule; or.
(2) with respect to euthanasia agencies, the
euthanasia agency has obtained a license from the
Department of Professional Regulation and obtained a
registration number from the Department.
(b) The mid-level practitioner shall only be licensed to
prescribe those schedules of controlled substances for which
a licensed physician has delegated prescriptive authority,
except that a euthanasia agency does not have any
prescriptive authority.
(c) Upon completion of all registration requirements,
physician assistants, and advanced practice nurses, and
euthanasia agencies shall be issued a mid-level practitioner
controlled substances license for Illinois.
(Source: P.A. 90-818, eff. 3-23-99.)
(720 ILCS 570/304) (from Ch. 56 1/2, par. 1304)
Sec. 304. (a) A registration under Section 303 to
manufacture, distribute, or dispense a controlled substance
or purchase, store, or administer euthanasia drugs may be
suspended or revoked by the Department of Professional
Regulation upon a finding that the registrant:
(1) has furnished any false or fraudulent material
information in any application filed under this Act; or
(2) has been convicted of a felony under any law of the
United States or any State relating to any controlled
substance; or
(3) has had suspended or revoked his Federal
registration to manufacture, distribute, or dispense
controlled substances or purchase, store, or administer
euthanasia drugs; or
(4) has been convicted of bribery, perjury, or other
infamous crime under the laws of the United States or of any
State; or
(5) has violated any provision of this Act or any rules
promulgated hereunder, whether or not he has been convicted
of such violation; or
(6) has failed to provide effective controls against the
diversion of controlled substances in other than legitimate
medical, scientific or industrial channels.
(b) The Department of Professional Regulation may limit
revocation or suspension of a registration to the particular
controlled substance with respect to which grounds for
revocation or suspension exist.
(c) The Department of Professional Regulation shall
promptly notify the Administration, the Department and the
Department of State Police or their successor agencies, of
all orders denying, suspending or revoking registration, all
forfeitures of controlled substances, and all final court
dispositions, if any, of such denials, suspensions,
revocations or forfeitures.
(d) If Federal registration of any registrant is
suspended, revoked, refused renewal or refused issuance, then
the Department of Professional Regulation shall issue a
notice and conduct a hearing in accordance with Section 305
of this Act.
(Source: P.A. 85-1209.)
(720 ILCS 570/306) (from Ch. 56 1/2, par. 1306)
Sec. 306. Every practitioner and person who is required
under this Act to be registered to manufacture, distribute or
dispense controlled substances or purchase, store, or
administer euthanasia drugs under this Act shall keep records
and maintain inventories in conformance with the
recordkeeping and inventory requirements of the laws of the
United States and with any additional rules and forms issued
by the Department of Professional Regulation.
(Source: P.A. 89-202, eff. 10-1-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 12/23/03
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