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093_HB0648enr
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1 AN ACT in relation to animals.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Humane Euthanasia in Animal Shelters Act
5 is amended by changing Sections 35, 55, and 57 as follows:
6 (510 ILCS 72/35)
7 Sec. 35. Technician certification; duties.
8 (a) An applicant for certification as a euthanasia
9 technician shall file an application with the Department and
10 shall:
11 (1) Be 18 years of age.
12 (2) Be of good moral character. In determining
13 moral character under this Section, the Department may
14 take into consideration whether the applicant has engaged
15 in conduct or activities that would constitute grounds
16 for discipline under this Act.
17 (3) Each applicant for certification as a
18 euthanasia technician shall have his or her fingerprints
19 submitted to the Department of State Police in an
20 electronic format that complies with the form and manner
21 for requesting and furnishing criminal history record
22 information as prescribed by the Department of State
23 Police. These fingerprints shall be checked against the
24 Department of State Police and Federal Bureau of
25 Investigation criminal history record databases now and
26 hereafter filed. The Department of State Police shall
27 charge applicants a fee for conducting the criminal
28 history records check, which shall be deposited in the
29 State Police Services Fund and shall not exceed the
30 actual cost of the records check. The Department of
31 State Police shall furnish, pursuant to positive
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1 identification, records of Illinois convictions to the
2 Department.Submit fingerprints to the Illinois State
3 Police or its designated vendor as set forth by rule.
4 These fingerprints shall be checked against the Illinois
5 State Police and Federal Bureau of Investigation criminal
6 history record databases. A separate fee shall be
7 charged to the applicant for fingerprinting, payable
8 either to the Department or the Illinois State Police or
9 its designated vendor.
10 (4) Hold a current license or certification from
11 the American Humane Association, the National Animal
12 Control Association, the Illinois Federation of Humane
13 Societies, or the Humane Society of the United States
14 issued within 3 years preceding the date of application.
15 For a period of 12 months after the adoption of final
16 administrative rules for this Act, the Department may issue a
17 certification to an applicant who holds a license or
18 certification from the American Humane Association, the
19 National Animal Control Association, the Illinois Federation
20 of Humane Societies, or the Humane Society of the United
21 States issued after January 1, 1997.
22 (5) Pay the required fee.
23 (b) The duties of a euthanasia technician shall include
24 but are not limited to:
25 (1) preparing animals for euthanasia and scanning
26 each animal, prior to euthanasia, for microchips;
27 (2) accurately recording the dosages administered
28 and the amount of drugs wasted;
29 (3) ordering supplies;
30 (4) maintaining the security of all controlled
31 substances and drugs;
32 (5) humanely euthanizing animals via intravenous
33 injection by hypodermic needle, intraperitoneal injection
34 by hypodermic needle, solutions or powder added to food
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1 or by mouth, intracardiac injection only on comatose
2 animals by hypodermic needle, or carbon monoxide in a
3 commercially manufactured chamber; and
4 (6) properly disposing of euthanized animals after
5 verification of death.
6 (c) A euthanasia technician employed by a euthanasia
7 agency may perform euthanasia by the administration of a
8 Schedule II or Schedule III nonnarcotic controlled substance.
9 A euthanasia technician may not personally possess, order, or
10 administer a controlled substance except as an agent of the
11 euthanasia agency.
12 (d) Upon termination from a euthanasia agency, a
13 euthanasia technician shall not perform animal euthanasia
14 until he or she is employed by another certified euthanasia
15 agency.
16 (e) A certified euthanasia technician or an instructor
17 in an approved course does not engage in the practice of
18 veterinary medicine when performing duties set forth in this
19 Act.
20 (Source: P.A. 92-449, eff. 1-1-02.)
21 (510 ILCS 72/55)
22 Sec. 55. Endorsement. An applicant, who is a euthanasia
23 technician registered or licensed under the laws of another
24 state or territory of the United States that has requirements
25 that are substantially similar to the requirements of this
26 Act, may be granted certification as a euthanasia technician
27 in this State without examination, upon presenting
28 satisfactory proof to the Department that the applicant has
29 been engaged in the practice of euthanasia for a period of
30 not less than one year and upon payment of the required fee.
31 In addition, an applicant shall have his or her fingerprints
32 submitted to the Department of State Police for purposes of a
33 criminal history records check pursuant to clause (a)(3) of
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1 Section 35.
2 (Source: P.A. 92-449, eff. 1-1-02.)
3 (510 ILCS 72/57)
4 Sec. 57. Procedures for euthanasia.
5 (a) Only euthanasia drugs and commercially compressed
6 carbon monoxide, subject to the limitations imposed under
7 subsection (b) of this Section, shall be used for the purpose
8 of humanely euthanizing injured, sick, homeless, or unwanted
9 companion animals in an animal shelter or an animal control
10 facility licensed under the Illinois Animal Welfare Act.
11 (b) Commercially compressed carbon monoxide may be used
12 as a permitted method of euthanasia provided that it is
13 performed in a commercially manufactured chamber pursuant to
14 the guidelines set forth in the most recent report of the
15 AVMA Panel on Euthanasia. A chamber that is designed to
16 euthanize more than one animal at a time must be equipped
17 with independent sections or cages to separate incompatible
18 animals. The interior of the chamber must be well lit and
19 equipped with view-ports, a regulator, and a flow meter.
20 Monitoring equipment must be used at all times during the
21 operation. Animals that are under 4 months of age, old,
22 injured, or sick may not be euthanized by carbon monoxide.
23 Animals shall remain in the chamber and be exposed for a
24 minimum of 20 minutes. Staff members shall be fully notified
25 of potential health risks.
26 (c) Animals cannot be transported beyond State lines for
27 the sole purpose of euthanasia unless the euthanasia methods
28 comply with subsection (a) or (b) of this Section and the
29 euthanasia is performed by a certified euthanasia technician.
30 (Source: P.A. 92-449, eff. 1-1-02.)
31 (510 ILCS 72/50 rep.)
32 Section 10. The Humane Euthanasia in Animal Shelters Act
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1 is amended by repealing Section 50.
2 Section 15. The Illinois Controlled Substances Act is
3 amended by changing Sections 102, 302, 303, 303.05, 304, and
4 306 as follows:
5 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
6 Sec. 102. Definitions. As used in this Act, unless the
7 context otherwise requires:
8 (a) "Addict" means any person who habitually uses any
9 drug, chemical, substance or dangerous drug other than
10 alcohol so as to endanger the public morals, health, safety
11 or welfare or who is so far addicted to the use of a
12 dangerous drug or controlled substance other than alcohol as
13 to have lost the power of self control with reference to his
14 addiction.
15 (b) "Administer" means the direct application of a
16 controlled substance, whether by injection, inhalation,
17 ingestion, or any other means, to the body of a patient,or
18 research subject, or animal (as defined by the Humane
19 Euthanasia in Animal Shelters Act) by:
20 (1) a practitioner (or, in his presence, by his
21 authorized agent), or
22 (2) the patient or research subject at the lawful
23 direction of the practitioner, or.
24 (3) a euthanasia technician as defined by the
25 Humane Euthanasia in Animal Shelters Act.
26 (c) "Agent" means an authorized person who acts on
27 behalf of or at the direction of a manufacturer, distributor,
28 or dispenser. It does not include a common or contract
29 carrier, public warehouseman or employee of the carrier or
30 warehouseman.
31 (c-1) "Anabolic Steroids" means any drug or hormonal
32 substance, chemically and pharmacologically related to
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1 testosterone (other than estrogens, progestins, and
2 corticosteroids) that promotes muscle growth, and includes:
3 (i) boldenone,
4 (ii) chlorotestosterone,
5 (iii) chostebol,
6 (iv) dehydrochlormethyltestosterone,
7 (v) dihydrotestosterone,
8 (vi) drostanolone,
9 (vii) ethylestrenol,
10 (viii) fluoxymesterone,
11 (ix) formebulone,
12 (x) mesterolone,
13 (xi) methandienone,
14 (xii) methandranone,
15 (xiii) methandriol,
16 (xiv) methandrostenolone,
17 (xv) methenolone,
18 (xvi) methyltestosterone,
19 (xvii) mibolerone,
20 (xviii) nandrolone,
21 (xix) norethandrolone,
22 (xx) oxandrolone,
23 (xxi) oxymesterone,
24 (xxii) oxymetholone,
25 (xxiii) stanolone,
26 (xxiv) stanozolol,
27 (xxv) testolactone,
28 (xxvi) testosterone,
29 (xxvii) trenbolone, and
30 (xxviii) any salt, ester, or isomer of a drug
31 or substance described or listed in this paragraph,
32 if that salt, ester, or isomer promotes muscle
33 growth.
34 Any person who is otherwise lawfully in possession of an
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1 anabolic steroid, or who otherwise lawfully manufactures,
2 distributes, dispenses, delivers, or possesses with intent to
3 deliver an anabolic steroid, which anabolic steroid is
4 expressly intended for and lawfully allowed to be
5 administered through implants to livestock or other nonhuman
6 species, and which is approved by the Secretary of Health and
7 Human Services for such administration, and which the person
8 intends to administer or have administered through such
9 implants, shall not be considered to be in unauthorized
10 possession or to unlawfully manufacture, distribute,
11 dispense, deliver, or possess with intent to deliver such
12 anabolic steroid for purposes of this Act.
13 (d) "Administration" means the Drug Enforcement
14 Administration, United States Department of Justice, or its
15 successor agency.
16 (e) "Control" means to add a drug or other substance, or
17 immediate precursor, to a Schedule under Article II of this
18 Act whether by transfer from another Schedule or otherwise.
19 (f) "Controlled Substance" means a drug, substance, or
20 immediate precursor in the Schedules of Article II of this
21 Act.
22 (g) "Counterfeit substance" means a controlled
23 substance, which, or the container or labeling of which,
24 without authorization bears the trademark, trade name, or
25 other identifying mark, imprint, number or device, or any
26 likeness thereof, of a manufacturer, distributor, or
27 dispenser other than the person who in fact manufactured,
28 distributed, or dispensed the substance.
29 (h) "Deliver" or "delivery" means the actual,
30 constructive or attempted transfer of possession of a
31 controlled substance, with or without consideration, whether
32 or not there is an agency relationship.
33 (i) "Department" means the Illinois Department of Human
34 Services (as successor to the Department of Alcoholism and
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1 Substance Abuse) or its successor agency.
2 (j) "Department of State Police" means the Department of
3 State Police of the State of Illinois or its successor
4 agency.
5 (k) "Department of Corrections" means the Department of
6 Corrections of the State of Illinois or its successor agency.
7 (l) "Department of Professional Regulation" means the
8 Department of Professional Regulation of the State of
9 Illinois or its successor agency.
10 (m) "Depressant" or "stimulant substance" means:
11 (1) a drug which contains any quantity of (i)
12 barbituric acid or any of the salts of barbituric acid
13 which has been designated as habit forming under section
14 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
15 U.S.C. 352 (d)); or
16 (2) a drug which contains any quantity of (i)
17 amphetamine or methamphetamine and any of their optical
18 isomers; (ii) any salt of amphetamine or methamphetamine
19 or any salt of an optical isomer of amphetamine; or (iii)
20 any substance which the Department, after investigation,
21 has found to be, and by rule designated as, habit forming
22 because of its depressant or stimulant effect on the
23 central nervous system; or
24 (3) lysergic acid diethylamide; or
25 (4) any drug which contains any quantity of a
26 substance which the Department, after investigation, has
27 found to have, and by rule designated as having, a
28 potential for abuse because of its depressant or
29 stimulant effect on the central nervous system or its
30 hallucinogenic effect.
31 (n) (Blank).
32 (o) "Director" means the Director of the Department of
33 State Police or the Department of Professional Regulation or
34 his designated agents.
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1 (p) "Dispense" means to deliver a controlled substance
2 to an ultimate user or research subject by or pursuant to the
3 lawful order of a prescriber, including the prescribing,
4 administering, packaging, labeling, or compounding necessary
5 to prepare the substance for that delivery.
6 (q) "Dispenser" means a practitioner who dispenses.
7 (r) "Distribute" means to deliver, other than by
8 administering or dispensing, a controlled substance.
9 (s) "Distributor" means a person who distributes.
10 (t) "Drug" means (1) substances recognized as drugs in
11 the official United States Pharmacopoeia, Official
12 Homeopathic Pharmacopoeia of the United States, or official
13 National Formulary, or any supplement to any of them; (2)
14 substances intended for use in diagnosis, cure, mitigation,
15 treatment, or prevention of disease in man or animals; (3)
16 substances (other than food) intended to affect the structure
17 of any function of the body of man or animals and (4)
18 substances intended for use as a component of any article
19 specified in clause (1), (2), or (3) of this subsection. It
20 does not include devices or their components, parts, or
21 accessories.
22 (t-5) "Euthanasia agency" means an entity certified by
23 the Department of Professional Regulation for the purpose of
24 animal euthanasia that holds an animal control facility
25 license or animal shelter license under the Animal Welfare
26 Act. A euthanasia agency is authorized to purchase, store,
27 possess, and utilize Schedule II nonnarcotic and Schedule III
28 nonnarcotic drugs for the sole purpose of animal euthanasia.
29 (t-10) "Euthanasia drugs" means Schedule II or Schedule
30 III substances (nonnarcotic controlled substances) that are
31 used by a euthanasia agency for the purpose of animal
32 euthanasia.
33 (u) "Good faith" means the prescribing or dispensing of
34 a controlled substance by a practitioner in the regular
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1 course of professional treatment to or for any person who is
2 under his treatment for a pathology or condition other than
3 that individual's physical or psychological dependence upon
4 or addiction to a controlled substance, except as provided
5 herein: and application of the term to a pharmacist shall
6 mean the dispensing of a controlled substance pursuant to the
7 prescriber's order which in the professional judgment of the
8 pharmacist is lawful. The pharmacist shall be guided by
9 accepted professional standards including, but not limited to
10 the following, in making the judgment:
11 (1) lack of consistency of doctor-patient
12 relationship,
13 (2) frequency of prescriptions for same drug by one
14 prescriber for large numbers of patients,
15 (3) quantities beyond those normally prescribed,
16 (4) unusual dosages,
17 (5) unusual geographic distances between patient,
18 pharmacist and prescriber,
19 (6) consistent prescribing of habit-forming drugs.
20 (u-1) "Home infusion services" means services provided
21 by a pharmacy in compounding solutions for direct
22 administration to a patient in a private residence, long-term
23 care facility, or hospice setting by means of parenteral,
24 intravenous, intramuscular, subcutaneous, or intraspinal
25 infusion.
26 (v) "Immediate precursor" means a substance:
27 (1) which the Department has found to be and by
28 rule designated as being a principal compound used, or
29 produced primarily for use, in the manufacture of a
30 controlled substance;
31 (2) which is an immediate chemical intermediary
32 used or likely to be used in the manufacture of such
33 controlled substance; and
34 (3) the control of which is necessary to prevent,
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1 curtail or limit the manufacture of such controlled
2 substance.
3 (w) "Instructional activities" means the acts of
4 teaching, educating or instructing by practitioners using
5 controlled substances within educational facilities approved
6 by the State Board of Education or its successor agency.
7 (x) "Local authorities" means a duly organized State,
8 County or Municipal peace unit or police force.
9 (y) "Look-alike substance" means a substance, other than
10 a controlled substance which (1) by overall dosage unit
11 appearance, including shape, color, size, markings or lack
12 thereof, taste, consistency, or any other identifying
13 physical characteristic of the substance, would lead a
14 reasonable person to believe that the substance is a
15 controlled substance, or (2) is expressly or impliedly
16 represented to be a controlled substance or is distributed
17 under circumstances which would lead a reasonable person to
18 believe that the substance is a controlled substance. For the
19 purpose of determining whether the representations made or
20 the circumstances of the distribution would lead a reasonable
21 person to believe the substance to be a controlled substance
22 under this clause (2) of subsection (y), the court or other
23 authority may consider the following factors in addition to
24 any other factor that may be relevant:
25 (a) statements made by the owner or person in
26 control of the substance concerning its nature, use or
27 effect;
28 (b) statements made to the buyer or recipient that
29 the substance may be resold for profit;
30 (c) whether the substance is packaged in a manner
31 normally used for the illegal distribution of controlled
32 substances;
33 (d) whether the distribution or attempted
34 distribution included an exchange of or demand for money
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1 or other property as consideration, and whether the
2 amount of the consideration was substantially greater
3 than the reasonable retail market value of the substance.
4 Clause (1) of this subsection (y) shall not apply to a
5 noncontrolled substance in its finished dosage form that was
6 initially introduced into commerce prior to the initial
7 introduction into commerce of a controlled substance in its
8 finished dosage form which it may substantially resemble.
9 Nothing in this subsection (y) prohibits the dispensing
10 or distributing of noncontrolled substances by persons
11 authorized to dispense and distribute controlled substances
12 under this Act, provided that such action would be deemed to
13 be carried out in good faith under subsection (u) if the
14 substances involved were controlled substances.
15 Nothing in this subsection (y) or in this Act prohibits
16 the manufacture, preparation, propagation, compounding,
17 processing, packaging, advertising or distribution of a drug
18 or drugs by any person registered pursuant to Section 510 of
19 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
20 (y-1) "Mail-order pharmacy" means a pharmacy that is
21 located in a state of the United States, other than Illinois,
22 that delivers, dispenses or distributes, through the United
23 States Postal Service or other common carrier, to Illinois
24 residents, any substance which requires a prescription.
25 (z) "Manufacture" means the production, preparation,
26 propagation, compounding, conversion or processing of a
27 controlled substance, either directly or indirectly, by
28 extraction from substances of natural origin, or
29 independently by means of chemical synthesis, or by a
30 combination of extraction and chemical synthesis, and
31 includes any packaging or repackaging of the substance or
32 labeling of its container, except that this term does not
33 include:
34 (1) by an ultimate user, the preparation or
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1 compounding of a controlled substance for his own use; or
2 (2) by a practitioner, or his authorized agent
3 under his supervision, the preparation, compounding,
4 packaging, or labeling of a controlled substance:
5 (a) as an incident to his administering or
6 dispensing of a controlled substance in the course
7 of his professional practice; or
8 (b) as an incident to lawful research,
9 teaching or chemical analysis and not for sale.
10 (z-1) "Methamphetamine manufacturing chemical" means any
11 of the following chemicals or substances containing any of
12 the following chemicals: benzyl methyl ketone, ephedrine,
13 methyl benzyl ketone, phenylacetone, phenyl-2-propanone,
14 pseudoephedrine, or red phosphorous or any of the salts,
15 optical isomers, or salts of optical isomers of the
16 above-listed chemicals.
17 (aa) "Narcotic drug" means any of the following, whether
18 produced directly or indirectly by extraction from substances
19 of natural origin, or independently by means of chemical
20 synthesis, or by a combination of extraction and chemical
21 synthesis:
22 (1) opium and opiate, and any salt, compound,
23 derivative, or preparation of opium or opiate;
24 (2) any salt, compound, isomer, derivative, or
25 preparation thereof which is chemically equivalent or
26 identical with any of the substances referred to in
27 clause (1), but not including the isoquinoline alkaloids
28 of opium;
29 (3) opium poppy and poppy straw;
30 (4) coca leaves and any salts, compound, isomer,
31 salt of an isomer, derivative, or preparation of coca
32 leaves including cocaine or ecgonine, and any salt,
33 compound, isomer, derivative, or preparation thereof
34 which is chemically equivalent or identical with any of
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1 these substances, but not including decocainized coca
2 leaves or extractions of coca leaves which do not contain
3 cocaine or ecgonine (for the purpose of this paragraph,
4 the term "isomer" includes optical, positional and
5 geometric isomers).
6 (bb) "Nurse" means a registered nurse licensed under the
7 Nursing and Advanced Practice Nursing Act.
8 (cc) (Blank).
9 (dd) "Opiate" means any substance having an addiction
10 forming or addiction sustaining liability similar to morphine
11 or being capable of conversion into a drug having addiction
12 forming or addiction sustaining liability.
13 (ee) "Opium poppy" means the plant of the species
14 Papaver somniferum L., except its seeds.
15 (ff) "Parole and Pardon Board" means the Parole and
16 Pardon Board of the State of Illinois or its successor
17 agency.
18 (gg) "Person" means any individual, corporation,
19 mail-order pharmacy, government or governmental subdivision
20 or agency, business trust, estate, trust, partnership or
21 association, or any other entity.
22 (hh) "Pharmacist" means any person who holds a
23 certificate of registration as a registered pharmacist, a
24 local registered pharmacist or a registered assistant
25 pharmacist under the Pharmacy Practice Act of 1987.
26 (ii) "Pharmacy" means any store, ship or other place in
27 which pharmacy is authorized to be practiced under the
28 Pharmacy Practice Act of 1987.
29 (jj) "Poppy straw" means all parts, except the seeds, of
30 the opium poppy, after mowing.
31 (kk) "Practitioner" means a physician licensed to
32 practice medicine in all its branches, dentist, podiatrist,
33 veterinarian, scientific investigator, pharmacist, physician
34 assistant, advanced practice nurse, licensed practical nurse,
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1 registered nurse, hospital, laboratory, or pharmacy, or other
2 person licensed, registered, or otherwise lawfully permitted
3 by the United States or this State to distribute, dispense,
4 conduct research with respect to, administer or use in
5 teaching or chemical analysis, a controlled substance in the
6 course of professional practice or research.
7 (ll) "Pre-printed prescription" means a written
8 prescription upon which the designated drug has been
9 indicated prior to the time of issuance.
10 (mm) "Prescriber" means a physician licensed to practice
11 medicine in all its branches, dentist, podiatrist or
12 veterinarian who issues a prescription, a physician assistant
13 who issues a prescription for a Schedule III, IV, or V
14 controlled substance in accordance with Section 303.05 and
15 the written guidelines required under Section 7.5 of the
16 Physician Assistant Practice Act of 1987, or an advanced
17 practice nurse with prescriptive authority in accordance with
18 Section 303.05 and a written collaborative agreement under
19 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
20 Nursing Act.
21 (nn) "Prescription" means a lawful written, facsimile,
22 or verbal order of a physician licensed to practice medicine
23 in all its branches, dentist, podiatrist or veterinarian for
24 any controlled substance, of a physician assistant for a
25 Schedule III, IV, or V controlled substance in accordance
26 with Section 303.05 and the written guidelines required under
27 Section 7.5 of the Physician Assistant Practice Act of 1987,
28 or of an advanced practice nurse who issues a prescription
29 for a Schedule III, IV, or V controlled substance in
30 accordance with Section 303.05 and a written collaborative
31 agreement under Sections 15-15 and 15-20 of the Nursing and
32 Advanced Practice Nursing Act.
33 (oo) "Production" or "produce" means manufacture,
34 planting, cultivating, growing, or harvesting of a controlled
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1 substance.
2 (pp) "Registrant" means every person who is required to
3 register under Section 302 of this Act.
4 (qq) "Registry number" means the number assigned to each
5 person authorized to handle controlled substances under the
6 laws of the United States and of this State.
7 (rr) "State" includes the State of Illinois and any
8 state, district, commonwealth, territory, insular possession
9 thereof, and any area subject to the legal authority of the
10 United States of America.
11 (ss) "Ultimate user" means a person who lawfully
12 possesses a controlled substance for his own use or for the
13 use of a member of his household or for administering to an
14 animal owned by him or by a member of his household.
15 (Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03.)
16 (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
17 Sec. 302. (a) Every person who manufactures, distributes,
18 or dispenses any controlled substances, or engages in
19 chemical analysis, and instructional activities which utilize
20 controlled substances, or who purchases, stores, or
21 administers euthanasia drugs, within this State or who
22 proposes to engage in the manufacture, distribution, or
23 dispensing of any controlled substance, or to engage in
24 chemical analysis, and instructional activities which utilize
25 controlled substances, or to engage in purchasing, storing,
26 or administering euthanasia drugs, within this State, must
27 obtain a registration issued by the Department of
28 Professional Regulation in accordance with its rules. The
29 rules shall include, but not be limited to, setting the
30 expiration date and renewal period for each registration
31 under this Act. The Department, and any facility or service
32 licensed by the Department, shall be exempt from the
33 regulation requirements of this Section.
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1 (b) Persons registered by the Department of Professional
2 Regulation under this Act to manufacture, distribute, or
3 dispense controlled substances, or purchase, store, or
4 administer euthanasia drugs, may possess, manufacture,
5 distribute, or dispense those substances, or purchase, store,
6 or administer euthanasia drugs, to the extent authorized by
7 their registration and in conformity with the other
8 provisions of this Article.
9 (c) The following persons need not register and may
10 lawfully possess controlled substances under this Act:
11 (1) an agent or employee of any registered
12 manufacturer, distributor, or dispenser of any controlled
13 substance if he is acting in the usual course of his
14 employer's lawful business or employment;
15 (2) a common or contract carrier or warehouseman,
16 or an agent or employee thereof, whose possession of any
17 controlled substance is in the usual lawful course of
18 such business or employment;
19 (3) an ultimate user or a person in possession of
20 any controlled substance pursuant to a lawful
21 prescription of a practitioner or in lawful possession of
22 a Schedule V substance;
23 (4) officers and employees of this State or of the
24 United States while acting in the lawful course of their
25 official duties which requires possession of controlled
26 substances;
27 (5) a registered pharmacist who is employed in, or
28 the owner of, a pharmacy licensed under this Act and the
29 Federal Controlled Substances Act, at the licensed
30 location, or if he is acting in the usual course of his
31 lawful profession, business, or employment.
32 (d) A separate registration is required at each place of
33 business or professional practice where the applicant
34 manufactures, distributes, or dispenses controlled
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1 substances, or purchases, stores, or administers euthanasia
2 drugs. Persons are required to obtain a separate registration
3 for each place of business or professional practice where
4 controlled substances are located or stored. A separate
5 registration is not required for every location at which a
6 controlled substance may be prescribed.
7 (e) The Department of Professional Regulation or the
8 Department of State Police may inspect the controlled
9 premises, as defined in Section 502 of this Act, of a
10 registrant or applicant for registration in accordance with
11 this Act and the rules promulgated hereunder and with regard
12 to persons licensed by the Department, in accordance with
13 subsection (bb) of Section 30-5 of the Alcoholism and Other
14 Drug Abuse and Dependency Act and the rules and regulations
15 promulgated thereunder.
16 (Source: P.A. 87-711; 88-670, eff. 12-2-94.)
17 (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
18 Sec. 303. (a) The Department of Professional Regulation
19 shall license an applicant to manufacture, distribute or
20 dispense controlled substances included in Sections 204, 206,
21 208, 210 and 212 of this Act or purchase, store, or
22 administer euthanasia drugs unless it determines that the
23 issuance of that license would be inconsistent with the
24 public interest. In determining the public interest, the
25 Department of Professional Regulation shall consider the
26 following:
27 (1) maintenance of effective controls against
28 diversion of controlled substances into other than lawful
29 medical, scientific, or industrial channels;
30 (2) compliance with applicable Federal, State and
31 local law;
32 (3) any convictions of the applicant under any law
33 of the United States or of any State relating to any
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1 controlled substance;
2 (4) past experience in the manufacture or
3 distribution of controlled substances, and the existence
4 in the applicant's establishment of effective controls
5 against diversion;
6 (5) furnishing by the applicant of false or
7 fraudulent material in any application filed under this
8 Act;
9 (6) suspension or revocation of the applicant's
10 Federal registration to manufacture, distribute, or
11 dispense controlled substances, or purchase, store, or
12 administer euthanasia drugs, as authorized by Federal
13 law;
14 (7) whether the applicant is suitably equipped with
15 the facilities appropriate to carry on the operation
16 described in his application;
17 (8) whether the applicant is of good moral
18 character or, if the applicant is a partnership,
19 association, corporation or other organization, whether
20 the partners, directors, governing committee and managing
21 officers are of good moral character;
22 (9) any other factors relevant to and consistent
23 with the public health and safety; and
24 (10) Evidence from court, medical disciplinary and
25 pharmacy board records and those of State and Federal
26 investigatory bodies that the applicant has not or does
27 not prescribe controlled substances within the provisions
28 of this Act.
29 (b) No license shall be granted to or renewed for any
30 person who has within 5 years been convicted of a wilful
31 violation of any law of the United States or any law of any
32 State relating to controlled substances, or who is found to
33 be deficient in any of the matters enumerated in subsections
34 (a)(1) through (a)(8).
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1 (c) Licensure under subsection (a) does not entitle a
2 registrant to manufacture, distribute or dispense controlled
3 substances in Schedules I or II other than those specified in
4 the registration.
5 (d) Practitioners who are licensed to dispense any
6 controlled substances in Schedules II through V are
7 authorized to conduct instructional activities with
8 controlled substances in Schedules II through V under the law
9 of this State.
10 (e) If an applicant for registration is registered under
11 the Federal law to manufacture, distribute or dispense
12 controlled substances, or purchase, store, or administer
13 euthanasia drugs, upon filing a completed application for
14 licensure in this State and payment of all fees due
15 hereunder, he shall be licensed in this State to the same
16 extent as his Federal registration, unless, within 30 days
17 after completing his application in this State, the
18 Department of Professional Regulation notifies the applicant
19 that his application has not been granted. A practitioner
20 who is in compliance with the Federal law with respect to
21 registration to dispense controlled substances in Schedules
22 II through V need only send a current copy of that Federal
23 registration to the Department of Professional Regulation and
24 he shall be deemed in compliance with the registration
25 provisions of this State.
26 (e-5) Beginning July 1, 2003, all of the fees and fines
27 collected under this Section 303 shall be deposited into the
28 Illinois State Pharmacy Disciplinary Fund.
29 (f) The fee for registration as a manufacturer or
30 wholesale distributor of controlled substances shall be
31 $50.00 per year, except that the fee for registration as a
32 manufacturer or wholesale distributor of controlled
33 substances that may be dispensed without a prescription under
34 this Act shall be $15.00 per year. The expiration date and
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1 renewal period for each controlled substance license issued
2 under this Act shall be set by rule.
3 (Source: P.A. 93-32, eff. 7-1-03.)
4 (720 ILCS 570/303.05)
5 Sec. 303.05. Mid-level practitioner registration.
6 (a) The Department of Professional Regulation shall
7 register licensed physician assistants and licensed advanced
8 practice nurses to prescribe and dispense Schedule III, IV,
9 or V controlled substances under Section 303 and euthanasia
10 agencies to purchase, store, or administer euthanasia drugs
11 under the following circumstances:
12 (1) with respect to physician assistants or
13 advanced practice nurses,
14 (A) the physician assistant or advanced
15 practice nurse has been delegated prescriptive
16 authority by a physician licensed to practice
17 medicine in all its branches in accordance with
18 Section 7.5 of the Physician Assistant Practice Act
19 of 1987 or Section 15-20 of the Nursing and Advanced
20 Practice Nursing Act; and
21 (B)(2) the physician assistant or advanced
22 practice nurse has completed the appropriate
23 application forms and has paid the required fees as
24 set by rule; or.
25 (2) with respect to euthanasia agencies, the
26 euthanasia agency has obtained a license from the
27 Department of Professional Regulation and obtained a
28 registration number from the Department.
29 (b) The mid-level practitioner shall only be licensed to
30 prescribe those schedules of controlled substances for which
31 a licensed physician has delegated prescriptive authority,
32 except that a euthanasia agency does not have any
33 prescriptive authority.
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1 (c) Upon completion of all registration requirements,
2 physician assistants,and advanced practice nurses, and
3 euthanasia agencies shall be issued a mid-level practitioner
4 controlled substances license for Illinois.
5 (Source: P.A. 90-818, eff. 3-23-99.)
6 (720 ILCS 570/304) (from Ch. 56 1/2, par. 1304)
7 Sec. 304. (a) A registration under Section 303 to
8 manufacture, distribute, or dispense a controlled substance
9 or purchase, store, or administer euthanasia drugs may be
10 suspended or revoked by the Department of Professional
11 Regulation upon a finding that the registrant:
12 (1) has furnished any false or fraudulent material
13 information in any application filed under this Act; or
14 (2) has been convicted of a felony under any law of the
15 United States or any State relating to any controlled
16 substance; or
17 (3) has had suspended or revoked his Federal
18 registration to manufacture, distribute, or dispense
19 controlled substances or purchase, store, or administer
20 euthanasia drugs; or
21 (4) has been convicted of bribery, perjury, or other
22 infamous crime under the laws of the United States or of any
23 State; or
24 (5) has violated any provision of this Act or any rules
25 promulgated hereunder, whether or not he has been convicted
26 of such violation; or
27 (6) has failed to provide effective controls against the
28 diversion of controlled substances in other than legitimate
29 medical, scientific or industrial channels.
30 (b) The Department of Professional Regulation may limit
31 revocation or suspension of a registration to the particular
32 controlled substance with respect to which grounds for
33 revocation or suspension exist.
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1 (c) The Department of Professional Regulation shall
2 promptly notify the Administration, the Department and the
3 Department of State Police or their successor agencies, of
4 all orders denying, suspending or revoking registration, all
5 forfeitures of controlled substances, and all final court
6 dispositions, if any, of such denials, suspensions,
7 revocations or forfeitures.
8 (d) If Federal registration of any registrant is
9 suspended, revoked, refused renewal or refused issuance, then
10 the Department of Professional Regulation shall issue a
11 notice and conduct a hearing in accordance with Section 305
12 of this Act.
13 (Source: P.A. 85-1209.)
14 (720 ILCS 570/306) (from Ch. 56 1/2, par. 1306)
15 Sec. 306. Every practitioner and person who is required
16 under this Act to be registered to manufacture, distribute or
17 dispense controlled substances or purchase, store, or
18 administer euthanasia drugs under this Act shall keep records
19 and maintain inventories in conformance with the
20 recordkeeping and inventory requirements of the laws of the
21 United States and with any additional rules and forms issued
22 by the Department of Professional Regulation.
23 (Source: P.A. 89-202, eff. 10-1-95.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.
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