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Public Act 100-0326


 

Public Act 0326 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0326
 
SB1944 EnrolledLRB100 09873 RLC 20043 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Hypodermic Syringes and Needles Act is
amended by changing Sections 1, 2, 2.5, and 5 as follows:
 
    (720 ILCS 635/1)  (from Ch. 38, par. 22-50)
    Sec. 1. Possession of hypodermic syringes and needles.
    (a) Except as provided in subsection (b), no person, not
being a physician, dentist, chiropodist or veterinarian
licensed under the laws of this State or of the state where he
resides, or a registered professional nurse, or a registered
embalmer, manufacturer or dealer in embalming supplies,
wholesale druggist, manufacturing pharmacist, registered
pharmacist, manufacturer of surgical instruments, industrial
user, official of any government having possession of the
articles hereinafter mentioned by reason of his or her official
duties, nurse or a medical laboratory technician acting under
the direction of a physician or dentist, employee of an
incorporated hospital acting under the direction of its
superintendent or officer in immediate charge, or a carrier or
messenger engaged in the transportation of the such articles,
or the holder of a permit issued under Section 5 of this Act,
or a farmer engaged in the use of the such instruments on
livestock, or a person engaged in chemical, clinical,
pharmaceutical or other scientific research, shall have in his
or her possession a hypodermic syringe, hypodermic needle, or
any instrument adapted for the use of controlled substances or
cannabis by subcutaneous injection.
    (b) A person who is at least 18 years of age may purchase
from a pharmacy and have in his or her possession up to 100 20
hypodermic syringes or needles.
(Source: P.A. 93-392, eff. 7-25-03.)
 
    (720 ILCS 635/2)  (from Ch. 38, par. 22-51)
    Sec. 2. Sale of hypodermic syringes and needles.
    (a) Except as provided in subsection (b), no such syringe,
needle or instrument shall be delivered or sold to, or
exchanged with, any person except a registered pharmacist,
physician, dentist, veterinarian, registered embalmer,
manufacturer or dealer in embalming supplies, wholesale
druggist, manufacturing pharmacist, industrial user, a nurse
upon the written order of a physician or dentist, the holder of
a permit issued under Section 5 of this Act, a registered
chiropodist, or an employee of an incorporated hospital upon
the written order of its superintendent or officer in immediate
charge; provided that the provisions of this Act shall not
prohibit the sale, possession or use of hypodermic syringes or
hypodermic needles for treatment of livestock or poultry by the
owner or keeper thereof or a person engaged in chemical,
clinical, pharmaceutical or other scientific research.
    (b) A pharmacist may sell up to 100 20 sterile hypodermic
syringes or needles to a person who is at least 18 years of
age. A syringe or needle sold under this subsection (b) must be
stored at a pharmacy and in a manner that limits access to the
syringes or needles to pharmacists employed at the pharmacy and
any persons designated by the pharmacists. A syringe or needle
sold at a pharmacy under this subsection (b) may be sold only
from the pharmacy department of the pharmacy.
(Source: P.A. 93-392, eff. 7-25-03.)
 
    (720 ILCS 635/2.5)
    Sec. 2.5. Guidelines Educational materials; guidelines for
disposal.
    (a) (Blank). The Illinois Department of Public Health must
develop educational materials and make copies of the
educational materials available to pharmacists. Pharmacists
must make these educational materials available to persons who
purchase syringes and needles as authorized under subsection
(b) of Section 1. The educational materials must include
information regarding safer injection, HIV prevention, syringe
and needle disposal, and drug treatment.
    (b) The Illinois Department of Public Health must create
guidelines to advise local health departments on implementing
syringe and needle disposal policies that are consistent with
or more stringent than any available guidelines regarding
disposal for home health care products provided by the United
States Environmental Protection Agency.
(Source: P.A. 93-392, eff. 7-25-03.)
 
    (720 ILCS 635/5)  (from Ch. 38, par. 22-54)
    Sec. 5. Prescriptions.
    (a) As used in this Section, "prescriber" has the meaning
ascribed to it in Section 102 of the Illinois Controlled
Substances Act.
    (b) Except as provided under Section 2, a prescriber
licensed physician may direct a patient under his or her
immediate charge to have in possession any of the instruments
specified in Sections 1 and 2 which may be dispensed by a
registered pharmacist or assistant registered pharmacist in
this state only (1) upon a written prescription of the
prescriber such physician, or (2) upon an oral or electronic
order of the prescriber such physician, which order is reduced
promptly to writing and filed by the pharmacist, or (3) by
refilling any such written, or oral, or electronic prescription
if the such refilling is authorized by the prescriber either in
the original prescription or by oral order which is reduced
promptly to writing and filed by the pharmacist in the same
manner and under the same conditions as any other prescription
issued by a practitioner licensed by law to write
prescriptions, or (4) upon a signed statement of a patient,
upon proper identification, stating that the prescriptions or
instruments specified in Sections 1 and 2 were lost or broken,
as the case may be, the name and address of the prescriber, the
name and address of the patient and the purpose for which the
prescription was ordered. The Such written, or oral, or
electronic prescriptions when reduced to writing for
instruments specified in Sections 1 and 2 shall contain the
date of the such prescription, the name and address of the
prescriber, the name and address of the patient, the purpose
for which the prescription is ordered, the date when dispensed
and by whom dispensed.
    Provided, however, that a licensed physician or other
allied medical practitioner, authorized by the laws of the
State of Illinois to prescribe or administer controlled
substances or cannabis to humans or animals, may authorize any
person or the owner of any animal, to purchase and have in his
or her possession any of the instruments specified in Sections
1 and 2, which may be sold to him without a specific written,
or oral, or electronic prescription or order, by any person
authorized by the laws of the State of Illinois to sell and
dispense controlled substances or cannabis, if the such
authorization is in the form of a certificate giving the name
and address of the such licensed physician or other allied
medical practitioner, the name, address and signature of the
person, or of the owner of the animal, so authorized, the
purpose or reason of the such authorization, and the date of
the such certificate and in that event, no other prescription,
writing or record shall be required to authorize the possession
or sale of the such instruments.
(Source: P.A. 93-392, eff. 7-25-03.)

Effective Date: 1/1/2018