Full Text of HB1956 95th General Assembly
HB1956eng 95TH GENERAL ASSEMBLY
|
|
|
HB1956 Engrossed |
|
LRB095 07652 RLC 31898 b |
|
| 1 |
| AN ACT concerning criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Methamphetamine Precursor Control Act is | 5 |
| amended by changing Sections 10, 25, 40, 45, and 55 and by | 6 |
| adding Sections 36, 37, 38, 39, and 39.5 as follows: | 7 |
| (720 ILCS 648/10) | 8 |
| Sec. 10. Definitions. In this Act: | 9 |
| "Administer" or "administration" has the meaning provided | 10 |
| in Section 102 of the Illinois Controlled Substances Act. | 11 |
| "Agent" has the meaning provided in Section 102 of the | 12 |
| Illinois Controlled Substances Act. | 13 |
| "Authorized representative" means an employee or agent of a | 14 |
| qualified outside entity who has been authorized in writing by | 15 |
| his or her agency or office to receive confidential information | 16 |
| from the database associated with the Williamson County Pilot | 17 |
| Program. | 18 |
| "Central Repository" means the entity chosen by the | 19 |
| Williamson County Pilot Program Authority to handle electronic | 20 |
| transaction records as described in Sections 36, 37, 38, 39, | 21 |
| and 39.5 of this Act. | 22 |
| "Convenience package" means any package that contains 360 | 23 |
| milligrams or less of ephedrine or pseudoephedrine, their salts |
|
|
|
HB1956 Engrossed |
- 2 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| or optical isomers, or salts of optical isomers in liquid or | 2 |
| liquid-filled capsule form. | 3 |
| "Covered pharmacy" means any pharmacy that distributes any | 4 |
| amount of targeted methamphetamine precursor and that is | 5 |
| physically located in any of the following Illinois counties: | 6 |
| Franklin, Jackson, Johnson, Saline, Union, or Williamson. | 7 |
| "Deliver" has the meaning provided in Section 102 of the | 8 |
| Illinois Controlled Substances Act. | 9 |
| "Dispense" has the meaning provided in Section 102 of the | 10 |
| Illinois Controlled Substances Act.
| 11 |
| "Distribute" has the meaning provided in Section 102 of the | 12 |
| Illinois Controlled Substances Act. | 13 |
| "Electronic transaction record" means, with respect to the | 14 |
| distribution of a targeted methamphetamine precursor by a | 15 |
| pharmacy to a recipient under Section 25 of this Act, an | 16 |
| electronic record that includes: the name and address of the | 17 |
| recipient; date and time of the transaction; brand and product | 18 |
| name and total quantity distributed of ephedrine or | 19 |
| pseudoephedrine, their salts, or optical isomers, or salts of | 20 |
| optical isomers; identification type and identification number | 21 |
| of the identification presented by the recipient; and the name | 22 |
| and address of the pharmacy. | 23 |
| "Identification information" means identification type and | 24 |
| identification number. | 25 |
| "Identification number" means the number that appears on | 26 |
| the identification furnished by the recipient of a targeted |
|
|
|
HB1956 Engrossed |
- 3 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| methamphetamine precursor. | 2 |
| "Identification type" means the type of identification | 3 |
| furnished by the recipient of a targeted methamphetamine | 4 |
| precursor such as, by way of example only, an Illinois driver's | 5 |
| license or United States passport. | 6 |
| "List I chemical" has the meaning provided in 21 U.S.C. | 7 |
| Section 802. | 8 |
| "Methamphetamine precursor" has the meaning provided in | 9 |
| Section 10 of the Methamphetamine Control and Community | 10 |
| Protection Act. | 11 |
| "Methamphetamine Precursor Violation Alert" means a notice | 12 |
| sent by the Pilot Program Authority to pharmacies, retail | 13 |
| distributors, or law enforcement authorities as described in | 14 |
| subsection (h) of Section 39.5 of this Act. | 15 |
| "Non-covered pharmacy" means any pharmacy that is not a | 16 |
| covered pharmacy. | 17 |
| "Package" means an item packaged and marked for retail sale | 18 |
| that is not designed to be further broken down or subdivided | 19 |
| for the purpose of retail sale. | 20 |
| "Pharmacist" has the meaning provided in Section 102 of the | 21 |
| Illinois Controlled Substances Act.
| 22 |
| "Pharmacy" has the meaning provided in Section 102 of the | 23 |
| Illinois Controlled Substances Act. | 24 |
| "Practitioner" has the meaning provided in Section 102 of | 25 |
| the Illinois Controlled Substances Act. | 26 |
| "Prescriber" has the meaning provided in Section 102 of the |
|
|
|
HB1956 Engrossed |
- 4 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| Illinois Controlled Substances Act. | 2 |
| "Prescription" has the meaning provided in Section 102 of | 3 |
| the Illinois Controlled Substances Act. | 4 |
| "Qualified outside entity" means a law enforcement agency | 5 |
| or prosecutor's office with authority to identify, | 6 |
| investigate, or prosecute violations of this Act or any other | 7 |
| State or federal law or rule involving a methamphetamine | 8 |
| precursor, methamphetamine, or any other controlled substance, | 9 |
| or a public entity that operates a methamphetamine precursor | 10 |
| tracking program similar in purpose to the Williamson County | 11 |
| Pilot Program. | 12 |
| "Readily retrievable" has the meaning provided in 21 C.F.R. | 13 |
| part 1300. | 14 |
| "Recipient" means a person purchasing, receiving, or | 15 |
| otherwise acquiring a targeted methamphetamine precursor from | 16 |
| a pharmacy in Illinois, as described in Section 25 of this Act. | 17 |
| "Reporting start date" means the date on which covered | 18 |
| pharmacies begin transmitting electronic transaction records | 19 |
| and exempt pharmacies begin sending handwritten logs, as | 20 |
| described in subsection (b) of Section 39 of this Act. | 21 |
| "Retail distributor" means a grocery store, general | 22 |
| merchandise store, drug store, other merchandise store, or | 23 |
| other entity or person whose activities as a distributor | 24 |
| relating to drug products containing targeted methamphetamine | 25 |
| precursor are limited exclusively or almost exclusively to | 26 |
| sales for personal use by an ultimate user, both in number of |
|
|
|
HB1956 Engrossed |
- 5 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| sales and volume of sales, either directly to walk-in customers | 2 |
| or in face-to-face transactions by direct sales. | 3 |
| "Sales employee" means any employee or agent, other than a | 4 |
| pharmacist or pharmacy technician who works exclusively or | 5 |
| almost exclusively behind a pharmacy counter, who at any time | 6 |
| (a) operates a cash register at which convenience
targeted | 7 |
| packages may be sold, (b) stocks shelves containing convenience
| 8 |
| targeted packages, or (c) trains or supervises any other | 9 |
| employee or agent who engages in any of the preceding | 10 |
| activities. | 11 |
| "Single retail transaction" means a sale by a retail | 12 |
| distributor to a specific customer at a specific time. | 13 |
| "Targeted methamphetamine precursor" means any compound, | 14 |
| mixture, or preparation that contains any detectable quantity | 15 |
| of ephedrine or pseudoephedrine, their salts or optical | 16 |
| isomers, or salts of optical isomers. | 17 |
| "Targeted package" means a package, including a | 18 |
| convenience package, containing any amount of targeted | 19 |
| methamphetamine precursor. | 20 |
| "Ultimate user" has the meaning provided in Section 102 of | 21 |
| the Illinois Controlled Substances Act.
| 22 |
| "Williamson County Pilot Program" or "Pilot Program" means | 23 |
| the program described in Sections 36, 37, 38, 39, and 39.5 of | 24 |
| this Act. | 25 |
| "Williamson County Pilot Program Authority" or "Pilot | 26 |
| Program Authority" means the Williamson County Sheriff's |
|
|
|
HB1956 Engrossed |
- 6 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| Office or its employees or agents. | 2 |
| "Voluntary participant" means any pharmacy that, although | 3 |
| not required by law to do so, participates in the Williamson | 4 |
| County Pilot Program. | 5 |
| (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.) | 6 |
| (720 ILCS 648/25) | 7 |
| Sec. 25. Pharmacies. | 8 |
| (a) No targeted methamphetamine precursor may be knowingly | 9 |
| distributed through a pharmacy, including a pharmacy located | 10 |
| within, owned by, operated by, or associated with a retail | 11 |
| distributor unless all terms of this Section are satisfied. | 12 |
| (b) Any targeted methamphetamine precursor other than a | 13 |
| convenience package or a liquid, including but not limited to | 14 |
| any targeted methamphetamine precursor in liquid-filled | 15 |
| capsules, shall: be packaged in blister packs, with each | 16 |
| blister containing not more than 2 dosage units, or when the | 17 |
| use of blister packs is technically infeasible, in unit dose | 18 |
| packets. Each targeted package shall contain no more than 3,000 | 19 |
| milligrams of ephedrine or pseudoephedrine, their salts or | 20 |
| optical isomers, or salts of optical isomers.
| 21 |
| (c) The targeted methamphetamine precursor shall be stored | 22 |
| behind the pharmacy counter and distributed by a pharmacist or | 23 |
| pharmacy technician licensed under the Pharmacy Practice Act of | 24 |
| 1987. | 25 |
| (d) Any retail distributor operating a pharmacy, and any |
|
|
|
HB1956 Engrossed |
- 7 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| pharmacist or pharmacy technician involved in the transaction | 2 |
| or transactions, shall ensure that any person purchasing, | 3 |
| receiving, or otherwise acquiring the targeted methamphetamine | 4 |
| precursor complies with subsection (a) of Section 20 of this | 5 |
| Act.
| 6 |
| (e) Any retail distributor operating a pharmacy, and any | 7 |
| pharmacist or pharmacy technician involved in the transaction | 8 |
| or transactions, shall verify that: | 9 |
| (1) The person purchasing, receiving, or otherwise | 10 |
| acquiring the targeted methamphetamine precursor is 18 | 11 |
| years of age or older and resembles the photograph of the | 12 |
| person on the government-issued identification presented | 13 |
| by the person; and
| 14 |
| (2) The name entered into the log referred to in | 15 |
| subsection (a) of Section 20 of this Act corresponds to the | 16 |
| name on the government-issued identification presented by | 17 |
| the person.
| 18 |
| (f) The logs referred to in subsection (a) of Section 20 of | 19 |
| this Act shall be kept confidential, maintained for not less | 20 |
| than 2 years, and made available for inspection and copying by | 21 |
| any law enforcement officer upon request of that officer.
These | 22 |
| logs may be kept in an electronic format if they include all | 23 |
| the information specified in subsection (a) of Section 20 of | 24 |
| this Act in a manner that is readily retrievable and | 25 |
| reproducible in hard-copy format. Pharmacies covered by the | 26 |
| Williamson County Pilot Program described in Sections 36, 37, |
|
|
|
HB1956 Engrossed |
- 8 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| 38, 39, and 39.5 of this Act are required to transmit | 2 |
| electronic transaction records or handwritten logs to the Pilot | 3 |
| Program Authority in the manner described in those Sections. | 4 |
| (g) No retail distributor operating a pharmacy, and no | 5 |
| pharmacist or pharmacy technician, shall knowingly distribute | 6 |
| any targeted methamphetamine precursor to any person under 18 | 7 |
| years of age. | 8 |
| (h) No retail distributor operating a pharmacy, and no | 9 |
| pharmacist or pharmacy technician, shall knowingly distribute | 10 |
| to a single person more than 2 targeted packages in a single | 11 |
| retail transaction. | 12 |
| (i) No retail distributor operating a pharmacy, and no | 13 |
| pharmacist or pharmacy technician, shall knowingly distribute | 14 |
| to a single person in any 30-day period products containing | 15 |
| more than a total of 7,500 milligrams of ephedrine or | 16 |
| pseudoephedrine, their salts or optical isomers, or salts of | 17 |
| optical isomers.
| 18 |
| (j) A pharmacist or pharmacy technician may distribute a | 19 |
| targeted methamphetamine precursor to a person who is without a | 20 |
| form of identification specified in paragraph (1) of subsection | 21 |
| (a) of Section 20 of this Act only if all other provisions of | 22 |
| this Act are followed and either: | 23 |
| (1) the person presents a driver's license issued | 24 |
| without a photograph by the State of Illinois pursuant to | 25 |
| the Illinois Administrative Code, Title 92, Section | 26 |
| 1030.90(b)(1) or 1030.90(b)(2); or |
|
|
|
HB1956 Engrossed |
- 9 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| (2) the person is known to the pharmacist or pharmacy | 2 |
| technician, the person presents some form of | 3 |
| identification, and the pharmacist or pharmacy technician | 4 |
| reasonably believes that the targeted methamphetamine | 5 |
| precursor will be used for a legitimate medical purpose and | 6 |
| not to manufacture methamphetamine.
| 7 |
| (k) When a pharmacist or pharmacy technician distributes a | 8 |
| targeted methamphetamine precursor to a person according to the | 9 |
| procedures set forth in this Act, and the pharmacist or | 10 |
| pharmacy technician does not have access to a working cash | 11 |
| register at the pharmacy counter, the pharmacist or pharmacy | 12 |
| technician may instruct the person to pay for the targeted | 13 |
| methamphetamine precursor at a cash register located elsewhere | 14 |
| in the retail establishment, whether that register is operated | 15 |
| by a pharmacist, pharmacy technician, or other employee or | 16 |
| agent of the retail establishment.
| 17 |
| (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.) | 18 |
| (720 ILCS 648/36 new) | 19 |
| Sec. 36. Williamson County Pilot Program; general | 20 |
| provisions. | 21 |
| (a) Purposes. The purposes of this Section are: to | 22 |
| establish a pilot program based in Williamson County to track | 23 |
| purchases of targeted methamphetamine precursors at multiple | 24 |
| locations; to identify persons obtaining or distributing | 25 |
| targeted methamphetamine precursors for the likely purpose of |
|
|
|
HB1956 Engrossed |
- 10 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| manufacturing methamphetamine; to starve methamphetamine | 2 |
| manufacturers of the methamphetamine precursors they need to | 3 |
| make methamphetamine; to locate and shut down methamphetamine | 4 |
| laboratories; and ultimately to reduce the harm that | 5 |
| methamphetamine manufacturing and manufacturers are inflicting | 6 |
| on individuals, families, communities, first responders, the | 7 |
| economy, and the environment in Illinois and beyond. In | 8 |
| authorizing this pilot program, the General Assembly | 9 |
| recognizes that, although this Act has significantly reduced | 10 |
| the number of methamphetamine laboratories in Illinois, some | 11 |
| persons continue to violate the Act, evade detection, and | 12 |
| support the manufacture of methamphetamine by obtaining | 13 |
| targeted methamphetamine precursor at multiple locations. The | 14 |
| General Assembly further recognizes that putting an end to this | 15 |
| practice and others like it will require an effort to track | 16 |
| purchases of targeted methamphetamine precursor across | 17 |
| multiple locations, and that a pilot program based in | 18 |
| Williamson County will advance this important goal. | 19 |
| (b) Structure. | 20 |
| (1) There is established a pilot program based in | 21 |
| Williamson County, known as the Williamson County Pilot | 22 |
| Program or Pilot Program, to track purchases of targeted | 23 |
| methamphetamine precursor across multiple locations for | 24 |
| the purposes stated in subsection (a) of this Section. | 25 |
| (2) The Pilot Program shall be operated by the | 26 |
| Williamson County Sheriff's Office, also known as the |
|
|
|
HB1956 Engrossed |
- 11 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| Williamson County Pilot Program Authority or the Pilot | 2 |
| Program Authority, in accordance with the provisions of | 3 |
| Sections 36, 37, 38, 39, and 39.5 of this Act. | 4 |
| (3) The Pilot Program Authority shall designate a | 5 |
| Central Repository for the collection of required | 6 |
| information, and the Central Repository shall operate | 7 |
| according to the provisions of Sections 36, 37, 38, 39, and | 8 |
| 39.5 of this Act. | 9 |
| (4) Every covered pharmacy shall participate in the | 10 |
| Pilot Program, and any non-covered pharmacy may | 11 |
| participate on a voluntary basis and be known as a | 12 |
| voluntary participant. | 13 |
| (c) Transmission of electronic transaction records. Except | 14 |
| as provided in Section 39: | 15 |
| (1) Each time a covered pharmacy distributes a targeted | 16 |
| methamphetamine precursor to a recipient under Section 25 | 17 |
| of this Act, the covered pharmacy shall transmit an | 18 |
| electronic transaction record to the Central Repository. | 19 |
| (2) Each covered pharmacy shall elect to transmit | 20 |
| electronic transaction records either through the secure | 21 |
| website described in Section 37 of this Act or through | 22 |
| weekly electronic transfers as described in Section 38 of | 23 |
| this Act. | 24 |
| (d) Operation and Timeline for implementation. | 25 |
| (1) Except as stated in this subsection, this | 26 |
| amendatory Act of the 95th General Assembly shall be |
|
|
|
HB1956 Engrossed |
- 12 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| operational upon becoming law. | 2 |
| (2) Covered pharmacies are not required to transmit any | 3 |
| electronic transaction records and exempt pharmacies are | 4 |
| not required to send any handwritten logs to the Central | 5 |
| Repository until the reporting start date set by the Pilot | 6 |
| Program Authority. | 7 |
| (3) The Pilot Program Authority shall announce the | 8 |
| "reporting start date" within 90 days of the date this | 9 |
| legislation is signed into law. | 10 |
| (4) The reporting start date shall be no sooner than 90 | 11 |
| days after the date on which the Pilot Program Authority | 12 |
| announces the reporting start date. | 13 |
| (5) Starting on the reporting start date, and | 14 |
| continuing for a period of one year thereafter, covered | 15 |
| pharmacies shall transmit electronic transaction records | 16 |
| as described in Sections 37 and 38 of this Act, and exempt | 17 |
| pharmacies shall send handwritten logs as described in | 18 |
| Section 39 of this Act. | 19 |
| (6) Nothing in this Act shall preclude covered | 20 |
| pharmacies and exempt pharmacies from voluntarily | 21 |
| participating in the Pilot Program before the start date or | 22 |
| continuing to participate in the Pilot Program after one | 23 |
| year after the reporting start date. | 24 |
| (e) Funding. Funding for the Pilot Program shall be | 25 |
| provided by the Williamson County Pilot Program Authority, | 26 |
| drawing upon federal grant money and other available sources. |
|
|
|
HB1956 Engrossed |
- 13 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| If funding is delayed, curtailed, or otherwise unavailable, the | 2 |
| Pilot Program Authority may delay implementation of the Pilot | 3 |
| Program, reduce the number of counties covered by the Pilot | 4 |
| Program, or end the Pilot Program early. If any such change | 5 |
| becomes necessary, the Pilot Program Authority shall inform | 6 |
| every covered pharmacy in writing. | 7 |
| (f) Training. The Pilot Program Authority shall provide, | 8 |
| free of charge, training and assistance to any pharmacy playing | 9 |
| any role in the Pilot Program. | 10 |
| (g) Relationship between the Williamson County Pilot | 11 |
| Program and other laws and rules. Nothing in Sections 36, 37, | 12 |
| 38, 39, and 39.5 of this Act shall supersede, nullify, or | 13 |
| diminish the force of any requirement stated in any other | 14 |
| Section of this Act or in any other State or federal law or | 15 |
| rule. | 16 |
| (720 ILCS 648/37 new) | 17 |
| Sec. 37. Williamson County Pilot Program; secure website. | 18 |
| (a) Transmission of electronic transaction records through | 19 |
| a secure website; in general. | 20 |
| (1) The Pilot Program Authority shall establish a | 21 |
| secure website for the transmission of electronic | 22 |
| transaction records and electronic signatures and make it | 23 |
| available free of charge to any covered pharmacy that | 24 |
| elects to use it. | 25 |
| (2) The secure website shall enable any covered |
|
|
|
HB1956 Engrossed |
- 14 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| pharmacy to transmit to the Central Repository an | 2 |
| electronic transaction record and an electronic signature | 3 |
| each time the pharmacy distributes a targeted | 4 |
| methamphetamine precursor to a recipient under Section 25 | 5 |
| of this Act. | 6 |
| (3) If the secure website becomes unavailable to a | 7 |
| covered pharmacy, the covered pharmacy may, during the | 8 |
| period in which the secure website is not available, | 9 |
| continue to distribute targeted methamphetamine precursor | 10 |
| without using the secure website if, during this period, | 11 |
| the covered pharmacy maintains and transmits handwritten | 12 |
| logs as described in subsection (b) of Section 39 of this | 13 |
| Act. | 14 |
| (b) Assistance to covered pharmacies using the secure | 15 |
| website. | 16 |
| (1) The purpose of this subsection is to ensure that | 17 |
| participation in the Pilot Program does not impose | 18 |
| substantial costs on covered pharmacies that elect to | 19 |
| transmit electronic transaction records to the Central | 20 |
| Repository by means of the secure website. | 21 |
| (2) If a covered pharmacy that elects to transmit | 22 |
| electronic transaction records by means of the secure | 23 |
| website does not have computer hardware or software or | 24 |
| related equipment sufficient to make use of the secure | 25 |
| website, then the covered pharmacy may obtain and install | 26 |
| such hardware or software or related equipment at its own |
|
|
|
HB1956 Engrossed |
- 15 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| cost, or it may request assistance from the Pilot Program | 2 |
| Authority, or some combination of the 2. | 3 |
| (3) If a covered pharmacy requests such assistance, | 4 |
| then the Pilot Program Authority shall, free of charge, | 5 |
| provide and install any computer hardware or software or | 6 |
| related equipment needed. | 7 |
| (4) Nothing in this subsection shall preclude the Pilot | 8 |
| Program Authority from providing additional or other | 9 |
| assistance to any pharmacy or retail distributor. | 10 |
| (c) Any covered pharmacy that elects to transmit electronic | 11 |
| transaction records by means of the secure website described in | 12 |
| this Section may use the secure website as its exclusive means | 13 |
| of complying with subsections (d) and (f) of Section 25 of this | 14 |
| Act, provided that, along with each electronic transaction | 15 |
| record, the pharmacy also transmits an electronically-captured | 16 |
| signature of the recipient of the targeted methamphetamine | 17 |
| precursor. To facilitate this option, the Pilot Program shall | 18 |
| do the following: | 19 |
| (1) The Pilot Program Authority shall provide to any | 20 |
| covered pharmacy that requests it an electronic signature | 21 |
| pad or other means of electronic signature capture. | 22 |
| (2) The Pilot Program Authority shall provide the | 23 |
| covered pharmacy with an official letter indicating that: | 24 |
| (A) The covered pharmacy in question is | 25 |
| participating in the Williamson County Pilot Program | 26 |
| for a specified period of time. |
|
|
|
HB1956 Engrossed |
- 16 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| (B) During the specified period of time, the Pilot | 2 |
| Program Authority has assumed responsibility for | 3 |
| maintaining the logs described in subsection (f) of | 4 |
| Section 25 of this Act. | 5 |
| (C) Any law enforcement officer seeking to inspect | 6 |
| or copy the covered pharmacy's logs should direct the | 7 |
| request to the Pilot Program Authority through means | 8 |
| described in the letter. | 9 |
| (720 ILCS 648/38 new) | 10 |
| Sec. 38. Williamson County Pilot Program; weekly | 11 |
| electronic transfer. | 12 |
| (a) Weekly electronic transfer; in general. | 13 |
| (1) Any covered pharmacy may elect not to use the | 14 |
| secure website but instead to transmit electronic | 15 |
| transaction records by means of weekly electronic | 16 |
| transfers as described in this Section. | 17 |
| (2) Any covered pharmacy electing to transmit | 18 |
| electronic transaction records by means of weekly | 19 |
| electronic transfers shall transmit the records by means of | 20 |
| a computer diskette, a magnetic tape, or an electronic | 21 |
| device compatible with the receiving device of the Central | 22 |
| Repository. | 23 |
| (b) Weekly electronic transfer; timing. | 24 |
| (1) Any covered pharmacy electing to transmit | 25 |
| electronic transaction records by means of weekly |
|
|
|
HB1956 Engrossed |
- 17 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| electronic transfers shall select a standard weeklong | 2 |
| reporting period such as, by way of example only, the 7-day | 3 |
| period that begins immediately after midnight Monday | 4 |
| morning and lasts until immediately before midnight the | 5 |
| next Sunday night. | 6 |
| (2) Electronic transaction records for transactions | 7 |
| occurring during the standard weeklong reporting period | 8 |
| selected by the pharmacy shall be transmitted to the | 9 |
| Central Repository no later than 24 hours after each | 10 |
| standard weeklong reporting period ends. | 11 |
| (3) Electronic transaction records may be delivered to | 12 |
| the Central Repository in person, by messenger, through the | 13 |
| United States Postal Service, over the Internet, or by | 14 |
| other reasonably reliable and prompt means. | 15 |
| (4) Although electronic transaction records shall be | 16 |
| transmitted to the Central Repository no later than one day | 17 |
| after the end of a weeklong reporting period, it is not | 18 |
| required that the electronic transaction records be | 19 |
| received by that deadline. | 20 |
| (c) Weekly electronic transfer; form of data. Each | 21 |
| electronic transaction record transmitted shall contain the | 22 |
| following information in the form described: | 23 |
| (1) The recipient's (A) first name, (B) last name, (C) | 24 |
| street address, and (D) zip code, in the 4 separate data | 25 |
| fields listed (A) through (D). | 26 |
| (2) The (A) date and (B) time of the transaction, in |
|
|
|
HB1956 Engrossed |
- 18 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| the 2 separate data fields listed (A) and (B). | 2 |
| (3) One of the following: | 3 |
| (A) The (1) brand and product name and (2) total | 4 |
| quantity in milligrams distributed of ephedrine or | 5 |
| pseudoephedrine, their salts, or optical isomers, or | 6 |
| salts of optical isomers, in the 2 separate data fields | 7 |
| listed (1) and (2); | 8 |
| (B) The National Drug Code (NDC) number | 9 |
| corresponding to the product distributed, from which | 10 |
| may be determined the brand and product name and total | 11 |
| quantity distributed of ephedrine or pseudoephedrine, | 12 |
| their salts, or optical isomers, or salts of optical | 13 |
| isomers; or | 14 |
| (C) A company-specific code, akin to the National | 15 |
| Drug Code, from which may be determined the brand and | 16 |
| product name and total quantity distributed of | 17 |
| ephedrine or pseudoephedrine, their salts, or optical | 18 |
| isomers, or salts of optical isomers, along with | 19 |
| information sufficient to translate any | 20 |
| company-specific codes into the brand and product name | 21 |
| and total quantity distributed of ephedrine or | 22 |
| pseudoephedrine, their salts, or optical isomers, or | 23 |
| salts of optical isomers. | 24 |
| (4) One of the following: | 25 |
| (A) The identification type presented by the | 26 |
| recipient; or |
|
|
|
HB1956 Engrossed |
- 19 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| (B) A code for the identification type presented by | 2 |
| the recipient, along with information sufficient to | 3 |
| translate any such code into the actual identification | 4 |
| type presented by the recipient. | 5 |
| (5) The identification number presented by the | 6 |
| recipient. | 7 |
| (6) One of the following: | 8 |
| (A) The (1) name, (2) street address, and (3) zip | 9 |
| code of the covered pharmacy, in 3 separate data fields | 10 |
| (1) through (3); | 11 |
| (B) The Drug Enforcement Administration (DEA) | 12 |
| number of the individual covered pharmacy, from which | 13 |
| may be determined the name, street address, and zip | 14 |
| code of the covered pharmacy; or | 15 |
| (C) A company-specific code, akin to the Drug | 16 |
| Enforcement Administration number, from which may be | 17 |
| determined the name, street address, and zip code of | 18 |
| the covered pharmacy, along with information | 19 |
| sufficient to translate any company-specific codes | 20 |
| into the name, street address, and zip code of the | 21 |
| covered pharmacy. | 22 |
| (720 ILCS 648/39 new) | 23 |
| Sec. 39. Williamson County Pilot Program; exempt | 24 |
| pharmacies. | 25 |
| (a) When a covered pharmacy is exempt. A covered pharmacy |
|
|
|
HB1956 Engrossed |
- 20 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| is exempt from the requirement that it transmit electronic | 2 |
| transaction records to the Central Repository through the | 3 |
| secure website described in Section 37 or weekly electronic | 4 |
| transfers described in Section 38 of this Act if all of the | 5 |
| following conditions are satisfied: | 6 |
| (1) The covered pharmacy: | 7 |
| (A) Submits to the Pilot Program Authority a | 8 |
| written request for such an exemption; | 9 |
| (B) Has complied with Section 25 of this Act by | 10 |
| maintaining handwritten rather than electronic logs | 11 |
| during the 60-day period preceding the date the written | 12 |
| request is transmitted; | 13 |
| (C) Has not sold more than 20 targeted packages in | 14 |
| any 7-day period during the 60-day period preceding the | 15 |
| date the written request is transmitted; and | 16 |
| (D) Provides, along with the written request, | 17 |
| copies of handwritten logs covering the 60-day period | 18 |
| preceding the written request; and | 19 |
| (2) The Pilot Program Authority: | 20 |
| (A) Reviews the written request; | 21 |
| (B) Verifies that the covered pharmacy has | 22 |
| complied with Section 25 of this Act by maintaining | 23 |
| handwritten rather than electronic logs during the | 24 |
| 60-day period preceding the date the written request is | 25 |
| transmitted; | 26 |
| (C) Verifies that the covered pharmacy has not sold |
|
|
|
HB1956 Engrossed |
- 21 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| more than 20 targeted packages in any 7-day period | 2 |
| during the 60-day period preceding the date the written | 3 |
| request is transmitted; and | 4 |
| (D) Sends the covered pharmacy a letter stating | 5 |
| that the covered pharmacy is exempt from the | 6 |
| requirement that it transmit electronic transaction | 7 |
| records to the Central Repository. | 8 |
| (b) Obligations of an exempt pharmacy. | 9 |
| (1) A pharmacy that is exempt from the requirement that | 10 |
| it transmit electronic transaction records to the Central | 11 |
| Repository shall instead transmit copies, and retain the | 12 |
| originals, of handwritten logs. | 13 |
| (2) An exempt covered pharmacy shall transmit copies of | 14 |
| handwritten logs to the Central Repository in person, by | 15 |
| facsimile, through the United States Postal Service, or by | 16 |
| other reasonably reliable and prompt means. | 17 |
| (3) An exempt covered pharmacy shall transmit copies of | 18 |
| handwritten logs on a weekly basis as described in | 19 |
| subsection (b) of Section 38 of this Act. | 20 |
| (720 ILCS 648/39.5 new) | 21 |
| Sec. 39.5. Williamson County Pilot Program; | 22 |
| confidentiality of records. | 23 |
| (a) The Pilot Program Authority shall delete each | 24 |
| electronic transaction record and handwritten log entry 24 | 25 |
| months after the date of the transaction it describes. |
|
|
|
HB1956 Engrossed |
- 22 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| (b) The Pilot Program Authority and Central Repository | 2 |
| shall carry out a program to protect the confidentiality of | 3 |
| electronic transaction records and handwritten log entries | 4 |
| transmitted pursuant to Sections 36, 37, 38, and 39 of this | 5 |
| Act. The Pilot Program Authority and Central Repository shall | 6 |
| ensure that this information remains completely confidential | 7 |
| except as specifically provided in subsections (c) through (i) | 8 |
| of this Section. Except as provided in subsections (c) through | 9 |
| (i) of this Section, this information is strictly prohibited | 10 |
| from disclosure. | 11 |
| (c) Any employee or agent of the Central Repository may | 12 |
| have access to electronic transaction records and handwritten | 13 |
| log entries solely for the purpose of receiving, processing, | 14 |
| storing or analyzing this information. | 15 |
| (d) Any employee or agent of the Pilot Program Authority | 16 |
| may have access to electronic transaction records or | 17 |
| handwritten log entries solely for the purpose of identifying, | 18 |
| investigating, or prosecuting violations of this Act or any | 19 |
| other State or federal law or rule involving a methamphetamine | 20 |
| precursor, methamphetamine, or any other controlled substance. | 21 |
| (e) The Pilot Program Authority may release electronic | 22 |
| transaction records or handwritten log entries to the | 23 |
| authorized representative of a qualified outside entity only if | 24 |
| all of the following conditions are satisfied: | 25 |
| (1) The Pilot Program Authority verifies that the | 26 |
| entity receiving electronic transaction records or |
|
|
|
HB1956 Engrossed |
- 23 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| handwritten log entries is a qualified outside entity as | 2 |
| defined in this Act. | 3 |
| (2) The Pilot Program Authority verifies that the | 4 |
| person receiving electronic transaction records or | 5 |
| handwritten log entries is an authorized representative, | 6 |
| as defined in this Act, of the qualified outside entity. | 7 |
| (3) The qualified outside entity agrees in writing, or | 8 |
| has previously agreed in writing, that it will use | 9 |
| electronic transaction records and handwritten log entries | 10 |
| solely for the purpose of identifying, investigating, or | 11 |
| prosecuting violations of this Act or any other State or | 12 |
| federal law or rule involving a methamphetamine precursor, | 13 |
| methamphetamine, or any other controlled substance. | 14 |
| (4) The qualified outside entity does not have a | 15 |
| history known to the Pilot Program Authority of violating | 16 |
| this agreement or similar agreements or of breaching the | 17 |
| confidentiality of sensitive information. | 18 |
| (f) The Pilot Program Authority may release to a particular | 19 |
| covered pharmacy or voluntary participant any electronic | 20 |
| transaction records or handwritten log entries previously | 21 |
| submitted by that particular covered pharmacy or voluntary | 22 |
| participant. | 23 |
| (g) The Pilot Program Authority may release to a particular | 24 |
| recipient any electronic transaction records clearly relating | 25 |
| to that recipient, upon sufficient proof of identity.
| 26 |
| (h) The Pilot Program Authority may distribute |
|
|
|
HB1956 Engrossed |
- 24 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| Methamphetamine Precursor Violation Alerts only if all of the | 2 |
| following conditions are satisfied: | 3 |
| (1) The Pilot Program Authority has reason to believe | 4 |
| that one or more recipients have violated or are violating | 5 |
| this Act or any other State or federal law or rule | 6 |
| involving a methamphetamine precursor, methamphetamine, or | 7 |
| any other controlled substance. | 8 |
| (2) Based on this information, the Pilot Program | 9 |
| Authority distributes a Methamphetamine Precursor | 10 |
| Violation Alert that may contain any of the following | 11 |
| confidential information: | 12 |
| (A) With respect to any recipient whom it is | 13 |
| believed has violated, has attempted to violate, or is | 14 |
| violating this Act or any other State or federal law or | 15 |
| rule involving a methamphetamine precursor, | 16 |
| methamphetamine, or any other controlled substance: | 17 |
| (i) Any name he or she has used to purchase or | 18 |
| attempt to purchase methamphetamine precursor; | 19 |
| (ii) Any address he or she has listed when | 20 |
| purchasing or attempting to purchase any targeted | 21 |
| methamphetamine precursor; and | 22 |
| (iii) Any identification information he or she | 23 |
| has used to purchase or attempt to purchase | 24 |
| methamphetamine precursor. | 25 |
| (B) With respect to any transaction in which the | 26 |
| recipient is believed to have purchased |
|
|
|
HB1956 Engrossed |
- 25 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| methamphetamine precursor: | 2 |
| (i) The date and time of the transaction or | 3 |
| attempt; | 4 |
| (ii) The city or town and state in which the | 5 |
| transaction or attempt occurred; and | 6 |
| (iii) The total quantity received of ephedrine | 7 |
| or pseudoephedrine, their salts, or optical | 8 |
| isomers, or salts of optical isomers. | 9 |
| (3) Methamphetamine Precursor Violation Alerts shall | 10 |
| not include, with respect of any transaction in which the | 11 |
| recipient is believed to have purchased or attempted to | 12 |
| purchase methamphetamine precursor: | 13 |
| (A) The name or street address of the pharmacy | 14 |
| where the transaction or attempt took place, other than | 15 |
| the city or town and state where the pharmacy is | 16 |
| located; or | 17 |
| (B) The brand and product name of the item | 18 |
| received. | 19 |
| (4) Methamphetamine Precursor Violation Alerts may be | 20 |
| distributed to pharmacies, retail distributors, and law | 21 |
| enforcement agencies. When such alerts are distributed to | 22 |
| law enforcement agencies, it shall not be necessary to | 23 |
| follow the procedures described in subsection (d) of this | 24 |
| Section. | 25 |
| (5) When distributing Methamphetamine Precursor | 26 |
| Violation Alerts, the Pilot Program Authority shall |
|
|
|
HB1956 Engrossed |
- 26 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| instruct those receiving the alerts that they are intended | 2 |
| only for pharmacies, retail distributors, and law | 3 |
| enforcement authorities, and that such alerts should | 4 |
| otherwise be kept confidential. | 5 |
| (i) The Pilot Program Authority may release general | 6 |
| statistical information to any person or entity provided that | 7 |
| the statistics do not include any information that identifies | 8 |
| any individual recipient or pharmacy by name, address, | 9 |
| identification number, Drug Enforcement Administration number, | 10 |
| or other means. | 11 |
| (720 ILCS 648/40) | 12 |
| Sec. 40. Penalties. | 13 |
| (a) Violations of subsection (b) of Section 20 of this Act. | 14 |
| (1) Any person who knowingly purchases, receives, or | 15 |
| otherwise acquires, within any 30-day period, products | 16 |
| containing more than a total of 7,500 milligrams of | 17 |
| ephedrine or pseudoephedrine, their salts or optical | 18 |
| isomers, or salts of optical isomers in violation of | 19 |
| subsection (b) of Section 20 of this Act is subject to the | 20 |
| following penalties: | 21 |
| (A) More than 7,500 milligrams but less than 15,000 | 22 |
| milligrams, Class B misdemeanor; | 23 |
| (B) 15,000 or more but less than 22,500 milligrams, | 24 |
| Class A misdemeanor; | 25 |
| (C) 22,500 or more but less than 30,000 milligrams, |
|
|
|
HB1956 Engrossed |
- 27 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| Class 4 felony; | 2 |
| (D) 30,000 or more but less than 37,500 milligrams, | 3 |
| Class 3 felony; | 4 |
| (E) 37,500 or more but less than 45,000 milligrams, | 5 |
| Class 2 felony: | 6 |
| (F) 45,000 or more milligrams, Class 1 felony. | 7 |
| (2) Any person who knowingly purchases, receives, or | 8 |
| otherwise acquires, within any 30-day period, products | 9 |
| containing more than a total of 7,500 milligrams of | 10 |
| ephedrine or pseudoephedrine, their salts or optical | 11 |
| isomers, or salts of optical isomers in violation of | 12 |
| subsection (b) of Section 20 of this Act, and who has | 13 |
| previously been convicted of any methamphetamine-related | 14 |
| offense under any State or federal law, is subject to the | 15 |
| following penalties: | 16 |
| (A) More than 7,500 milligrams but less than 15,000 | 17 |
| milligrams, Class A misdemeanor; | 18 |
| (B) 15,000 or more but less than 22,500 milligrams, | 19 |
| Class 4 felony; | 20 |
| (C) 22,500 or more but less than 30,000 milligrams, | 21 |
| Class 3 felony; | 22 |
| (D) 30,000 or more but less than 37,500 milligrams, | 23 |
| Class 2 felony; | 24 |
| (E) 37,500 or more milligrams, Class 1 felony. | 25 |
| (3) Any person who knowingly purchases, receives, or | 26 |
| otherwise acquires, within any 30-day period, products |
|
|
|
HB1956 Engrossed |
- 28 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| containing more than a total of 7,500 milligrams of | 2 |
| ephedrine or pseudoephedrine, their salts or optical | 3 |
| isomers, or salts of optical isomers in violation of | 4 |
| subsection (b) of Section 20 of this Act, and who has | 5 |
| previously been convicted 2 or more times of any | 6 |
| methamphetamine-related offense under State or federal | 7 |
| law, is subject to the following penalties: | 8 |
| (A) More than 7,500 milligrams but less than 15,000 | 9 |
| milligrams, Class 4 felony; | 10 |
| (B) 15,000 or more but less than 22,500 milligrams, | 11 |
| Class 3 felony; | 12 |
| (C) 22,500 or more but less than 30,000 milligrams, | 13 |
| Class 2 felony; | 14 |
| (D) 30,000 or more milligrams, Class 1 felony. | 15 |
| (b) Violations of Section 15, 20, 25, 30, or 35 of this | 16 |
| Act, other than violations of subsection (b) of Section 20 of | 17 |
| this Act. | 18 |
| (1)
(a) Any pharmacy or retail distributor that | 19 |
| violates Section 15, 20, 25, 30, or 35 of this Act, other | 20 |
| than subsection (b) of Section 20 of this Act,
this Act is | 21 |
| guilty of a petty offense and subject to a fine of $500 for | 22 |
| a first offense; and $1,000 for a second offense occurring | 23 |
| at the same retail location as and within 3 years of the | 24 |
| prior offense. A pharmacy or retail distributor that | 25 |
| violates this Act is guilty of a business offense and | 26 |
| subject to a fine of $5,000 for a third or subsequent |
|
|
|
HB1956 Engrossed |
- 29 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| offense occurring at the same retail location as and within | 2 |
| 3 years of the prior offenses. | 3 |
| (2)
(b) An employee or agent of a pharmacy or retail | 4 |
| distributor who violates Section 15, 20, 25, 30, or 35 of | 5 |
| this Act, other than subsection (b) of Section 20 of this | 6 |
| Act,
this Act is guilty of a Class A misdemeanor for a | 7 |
| first offense, a Class 4 felony for a second offense, and a | 8 |
| Class 1 felony for a third or subsequent offense. | 9 |
| (3)
(c) Any other person who violates Section 15, 20, | 10 |
| 25, 30, or 35 of this Act, other than subsection (b) of | 11 |
| Section 20 of this Act,
this Act is guilty of a Class B | 12 |
| misdemeanor for a first offense, a Class A misdemeanor for | 13 |
| a second offense, and a Class 4 felony for a third or | 14 |
| subsequent offense.
| 15 |
| (c) Any pharmacy or retail distributor that violates | 16 |
| Section 36, 37, 38, 39, or 39.5 of this Act is guilty of a petty | 17 |
| offense and subject to a fine of $100 for a first offense, $250 | 18 |
| for a second offense, or $500 for a third or subsequent | 19 |
| offense. | 20 |
| (d) Any person that violates Section 39.5 of this Act is | 21 |
| guilty of a Class B misdemeanor for a first offense, a Class A | 22 |
| misdemeanor for a second offense, and a Class 4 felony for a | 23 |
| third offense. | 24 |
| (Source: P.A. 94-694, eff. 1-15-06.) | 25 |
| (720 ILCS 648/45) |
|
|
|
HB1956 Engrossed |
- 30 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| Sec. 45. Immunity from civil liability. In the event that | 2 |
| any agent or employee of a pharmacy or retail distributor | 3 |
| reports to any law enforcement officer or agency any suspicious | 4 |
| activity concerning a targeted methamphetamine precursor or | 5 |
| other methamphetamine ingredient or ingredients, or | 6 |
| participates in the Williamson County Pilot Program as provided | 7 |
| in Sections 36, 37, 38, 39, and 39.5 of this Act, the agent or | 8 |
| employee and the pharmacy or retail distributor itself are | 9 |
| immune from civil liability based on allegations of defamation, | 10 |
| libel, slander, false arrest, or malicious prosecution, or | 11 |
| similar allegations, except in cases of willful or wanton | 12 |
| misconduct.
| 13 |
| (Source: P.A. 94-694, eff. 1-15-06.) | 14 |
| (720 ILCS 648/55) | 15 |
| Sec. 55. Preemption and home rule powers. | 16 |
| (a) Except as provided in subsection (b) of this Section | 17 |
| and in Sections 36, 37, 38, 39, and 39.5 of this Act , a county | 18 |
| or municipality, including a home rule unit, may regulate the | 19 |
| sale of targeted methamphetamine precursor and targeted | 20 |
| packages in a manner that is not more or less restrictive than | 21 |
| the regulation by the State under this Act. This Section is a | 22 |
| limitation under subsection (i) of Section 6 of Article VII of | 23 |
| the Illinois Constitution on the concurrent exercise by home | 24 |
| rule units of the powers and functions exercised by the State. | 25 |
| (b) Any regulation of the sale of targeted methamphetamine |
|
|
|
HB1956 Engrossed |
- 31 - |
LRB095 07652 RLC 31898 b |
|
| 1 |
| precursor and targeted packages by a home rule unit that took | 2 |
| effect on or before May 1, 2004, is exempt from the provisions | 3 |
| of subsection (a) of this Section.
| 4 |
| (Source: P.A. 94-694, eff. 1-15-06.)
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
|
|