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093_HB0648sam001
LRB093 07281 RLC 19768 a
1 AMENDMENT TO HOUSE BILL 648
2 AMENDMENT NO. . Amend House Bill 648 by replacing
3 everything after the enacting clause with the following:
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
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1 Police. These fingerprints shall be checked against the
2 Department of State Police and Federal Bureau of
3 Investigation criminal history record databases now and
4 hereafter filed. The Department of State Police shall
5 charge applicants a fee for conducting the criminal
6 history records check, which shall be deposited in the
7 State Police Services Fund and shall not exceed the
8 actual cost of the records check. The Department of
9 State Police shall furnish, pursuant to positive
10 identification, records of Illinois convictions to the
11 Department.Submit fingerprints to the Illinois State
12 Police or its designated vendor as set forth by rule.
13 These fingerprints shall be checked against the Illinois
14 State Police and Federal Bureau of Investigation criminal
15 history record databases. A separate fee shall be
16 charged to the applicant for fingerprinting, payable
17 either to the Department or the Illinois State Police or
18 its designated vendor.
19 (4) Hold a current license or certification from
20 the American Humane Association, the National Animal
21 Control Association, the Illinois Federation of Humane
22 Societies, or the Humane Society of the United States
23 issued within 3 years preceding the date of application.
24 For a period of 12 months after the adoption of final
25 administrative rules for this Act, the Department may issue a
26 certification to an applicant who holds a license or
27 certification from the American Humane Association, the
28 National Animal Control Association, the Illinois Federation
29 of Humane Societies, or the Humane Society of the United
30 States issued after January 1, 1997.
31 (5) Pay the required fee.
32 (b) The duties of a euthanasia technician shall include
33 but are not limited to:
34 (1) preparing animals for euthanasia and scanning
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1 each animal, prior to euthanasia, for microchips;
2 (2) accurately recording the dosages administered
3 and the amount of drugs wasted;
4 (3) ordering supplies;
5 (4) maintaining the security of all controlled
6 substances and drugs;
7 (5) humanely euthanizing animals via intravenous
8 injection by hypodermic needle, intraperitoneal injection
9 by hypodermic needle, solutions or powder added to food
10 or by mouth, intracardiac injection only on comatose
11 animals by hypodermic needle, or carbon monoxide in a
12 commercially manufactured chamber; and
13 (6) properly disposing of euthanized animals after
14 verification of death.
15 (c) A euthanasia technician employed by a euthanasia
16 agency may perform euthanasia by the administration of a
17 Schedule II or Schedule III nonnarcotic controlled substance.
18 A euthanasia technician may not personally possess, order, or
19 administer a controlled substance except as an agent of the
20 euthanasia agency.
21 (d) Upon termination from a euthanasia agency, a
22 euthanasia technician shall not perform animal euthanasia
23 until he or she is employed by another certified euthanasia
24 agency.
25 (e) A certified euthanasia technician or an instructor
26 in an approved course does not engage in the practice of
27 veterinary medicine when performing duties set forth in this
28 Act.
29 (Source: P.A. 92-449, eff. 1-1-02.)
30 (510 ILCS 72/55)
31 Sec. 55. Endorsement. An applicant, who is a euthanasia
32 technician registered or licensed under the laws of another
33 state or territory of the United States that has requirements
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1 that are substantially similar to the requirements of this
2 Act, may be granted certification as a euthanasia technician
3 in this State without examination, upon presenting
4 satisfactory proof to the Department that the applicant has
5 been engaged in the practice of euthanasia for a period of
6 not less than one year and upon payment of the required fee.
7 In addition, an applicant shall have his or her fingerprints
8 submitted to the Department of State Police for purposes of a
9 criminal history records check pursuant to clause (a)(3) of
10 Section 35.
11 (Source: P.A. 92-449, eff. 1-1-02.)
12 (510 ILCS 72/57)
13 Sec. 57. Procedures for euthanasia.
14 (a) Only euthanasia drugs and commercially compressed
15 carbon monoxide, subject to the limitations imposed under
16 subsection (b) of this Section, shall be used for the purpose
17 of humanely euthanizing injured, sick, homeless, or unwanted
18 companion animals in an animal shelter or an animal control
19 facility licensed under the Illinois Animal Welfare Act.
20 (b) Commercially compressed carbon monoxide may be used
21 as a permitted method of euthanasia provided that it is
22 performed in a commercially manufactured chamber pursuant to
23 the guidelines set forth in the most recent report of the
24 AVMA Panel on Euthanasia. A chamber that is designed to
25 euthanize more than one animal at a time must be equipped
26 with independent sections or cages to separate incompatible
27 animals. The interior of the chamber must be well lit and
28 equipped with view-ports, a regulator, and a flow meter.
29 Monitoring equipment must be used at all times during the
30 operation. Animals that are under 4 months of age, old,
31 injured, or sick may not be euthanized by carbon monoxide.
32 Animals shall remain in the chamber and be exposed for a
33 minimum of 20 minutes. Staff members shall be fully notified
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1 of potential health risks.
2 (c) Animals cannot be transported beyond State lines for
3 the sole purpose of euthanasia unless the euthanasia methods
4 comply with subsection (a) or (b) of this Section and the
5 euthanasia is performed by a certified euthanasia technician.
6 (Source: P.A. 92-449, eff. 1-1-02.)
7 (510 ILCS 72/50 rep.)
8 Section 10. The Humane Euthanasia in Animal Shelters Act
9 is amended by repealing Section 50.
10 Section 15. The Illinois Controlled Substances Act is
11 amended by changing Sections 102, 302, 303, 303.05, 304, and
12 306 as follows:
13 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
14 Sec. 102. Definitions. As used in this Act, unless the
15 context otherwise requires:
16 (a) "Addict" means any person who habitually uses any
17 drug, chemical, substance or dangerous drug other than
18 alcohol so as to endanger the public morals, health, safety
19 or welfare or who is so far addicted to the use of a
20 dangerous drug or controlled substance other than alcohol as
21 to have lost the power of self control with reference to his
22 addiction.
23 (b) "Administer" means the direct application of a
24 controlled substance, whether by injection, inhalation,
25 ingestion, or any other means, to the body of a patient,or
26 research subject, or animal (as defined by the Humane
27 Euthanasia in Animal Shelters Act) by:
28 (1) a practitioner (or, in his presence, by his
29 authorized agent), or
30 (2) the patient or research subject at the lawful
31 direction of the practitioner, or.
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1 (3) a euthanasia technician as defined by the
2 Humane Euthanasia in Animal Shelters Act.
3 (c) "Agent" means an authorized person who acts on
4 behalf of or at the direction of a manufacturer, distributor,
5 or dispenser. It does not include a common or contract
6 carrier, public warehouseman or employee of the carrier or
7 warehouseman.
8 (c-1) "Anabolic Steroids" means any drug or hormonal
9 substance, chemically and pharmacologically related to
10 testosterone (other than estrogens, progestins, and
11 corticosteroids) that promotes muscle growth, and includes:
12 (i) boldenone,
13 (ii) chlorotestosterone,
14 (iii) chostebol,
15 (iv) dehydrochlormethyltestosterone,
16 (v) dihydrotestosterone,
17 (vi) drostanolone,
18 (vii) ethylestrenol,
19 (viii) fluoxymesterone,
20 (ix) formebulone,
21 (x) mesterolone,
22 (xi) methandienone,
23 (xii) methandranone,
24 (xiii) methandriol,
25 (xiv) methandrostenolone,
26 (xv) methenolone,
27 (xvi) methyltestosterone,
28 (xvii) mibolerone,
29 (xviii) nandrolone,
30 (xix) norethandrolone,
31 (xx) oxandrolone,
32 (xxi) oxymesterone,
33 (xxii) oxymetholone,
34 (xxiii) stanolone,
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1 (xxiv) stanozolol,
2 (xxv) testolactone,
3 (xxvi) testosterone,
4 (xxvii) trenbolone, and
5 (xxviii) any salt, ester, or isomer of a drug
6 or substance described or listed in this paragraph,
7 if that salt, ester, or isomer promotes muscle
8 growth.
9 Any person who is otherwise lawfully in possession of an
10 anabolic steroid, or who otherwise lawfully manufactures,
11 distributes, dispenses, delivers, or possesses with intent to
12 deliver an anabolic steroid, which anabolic steroid is
13 expressly intended for and lawfully allowed to be
14 administered through implants to livestock or other nonhuman
15 species, and which is approved by the Secretary of Health and
16 Human Services for such administration, and which the person
17 intends to administer or have administered through such
18 implants, shall not be considered to be in unauthorized
19 possession or to unlawfully manufacture, distribute,
20 dispense, deliver, or possess with intent to deliver such
21 anabolic steroid for purposes of this Act.
22 (d) "Administration" means the Drug Enforcement
23 Administration, United States Department of Justice, or its
24 successor agency.
25 (e) "Control" means to add a drug or other substance, or
26 immediate precursor, to a Schedule under Article II of this
27 Act whether by transfer from another Schedule or otherwise.
28 (f) "Controlled Substance" means a drug, substance, or
29 immediate precursor in the Schedules of Article II of this
30 Act.
31 (g) "Counterfeit substance" means a controlled
32 substance, which, or the container or labeling of which,
33 without authorization bears the trademark, trade name, or
34 other identifying mark, imprint, number or device, or any
-8- LRB093 07281 RLC 19768 a
1 likeness thereof, of a manufacturer, distributor, or
2 dispenser other than the person who in fact manufactured,
3 distributed, or dispensed the substance.
4 (h) "Deliver" or "delivery" means the actual,
5 constructive or attempted transfer of possession of a
6 controlled substance, with or without consideration, whether
7 or not there is an agency relationship.
8 (i) "Department" means the Illinois Department of Human
9 Services (as successor to the Department of Alcoholism and
10 Substance Abuse) or its successor agency.
11 (j) "Department of State Police" means the Department of
12 State Police of the State of Illinois or its successor
13 agency.
14 (k) "Department of Corrections" means the Department of
15 Corrections of the State of Illinois or its successor agency.
16 (l) "Department of Professional Regulation" means the
17 Department of Professional Regulation of the State of
18 Illinois or its successor agency.
19 (m) "Depressant" or "stimulant substance" means:
20 (1) a drug which contains any quantity of (i)
21 barbituric acid or any of the salts of barbituric acid
22 which has been designated as habit forming under section
23 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
24 U.S.C. 352 (d)); or
25 (2) a drug which contains any quantity of (i)
26 amphetamine or methamphetamine and any of their optical
27 isomers; (ii) any salt of amphetamine or methamphetamine
28 or any salt of an optical isomer of amphetamine; or (iii)
29 any substance which the Department, after investigation,
30 has found to be, and by rule designated as, habit forming
31 because of its depressant or stimulant effect on the
32 central nervous system; or
33 (3) lysergic acid diethylamide; or
34 (4) any drug which contains any quantity of a
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1 substance which the Department, after investigation, has
2 found to have, and by rule designated as having, a
3 potential for abuse because of its depressant or
4 stimulant effect on the central nervous system or its
5 hallucinogenic effect.
6 (n) (Blank).
7 (o) "Director" means the Director of the Department of
8 State Police or the Department of Professional Regulation or
9 his designated agents.
10 (p) "Dispense" means to deliver a controlled substance
11 to an ultimate user or research subject by or pursuant to the
12 lawful order of a prescriber, including the prescribing,
13 administering, packaging, labeling, or compounding necessary
14 to prepare the substance for that delivery.
15 (q) "Dispenser" means a practitioner who dispenses.
16 (r) "Distribute" means to deliver, other than by
17 administering or dispensing, a controlled substance.
18 (s) "Distributor" means a person who distributes.
19 (t) "Drug" means (1) substances recognized as drugs in
20 the official United States Pharmacopoeia, Official
21 Homeopathic Pharmacopoeia of the United States, or official
22 National Formulary, or any supplement to any of them; (2)
23 substances intended for use in diagnosis, cure, mitigation,
24 treatment, or prevention of disease in man or animals; (3)
25 substances (other than food) intended to affect the structure
26 of any function of the body of man or animals and (4)
27 substances intended for use as a component of any article
28 specified in clause (1), (2), or (3) of this subsection. It
29 does not include devices or their components, parts, or
30 accessories.
31 (t-5) "Euthanasia agency" means an entity certified by
32 the Department of Professional Regulation for the purpose of
33 animal euthanasia that holds an animal control facility
34 license or animal shelter license under the Animal Welfare
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1 Act. A euthanasia agency is authorized to purchase, store,
2 possess, and utilize Schedule II nonnarcotic and Schedule III
3 nonnarcotic drugs for the sole purpose of animal euthanasia.
4 (t-10) "Euthanasia drugs" means Schedule II or Schedule
5 III substances (nonnarcotic controlled substances) that are
6 used by a euthanasia agency for the purpose of animal
7 euthanasia.
8 (u) "Good faith" means the prescribing or dispensing of
9 a controlled substance by a practitioner in the regular
10 course of professional treatment to or for any person who is
11 under his treatment for a pathology or condition other than
12 that individual's physical or psychological dependence upon
13 or addiction to a controlled substance, except as provided
14 herein: and application of the term to a pharmacist shall
15 mean the dispensing of a controlled substance pursuant to the
16 prescriber's order which in the professional judgment of the
17 pharmacist is lawful. The pharmacist shall be guided by
18 accepted professional standards including, but not limited to
19 the following, in making the judgment:
20 (1) lack of consistency of doctor-patient
21 relationship,
22 (2) frequency of prescriptions for same drug by one
23 prescriber for large numbers of patients,
24 (3) quantities beyond those normally prescribed,
25 (4) unusual dosages,
26 (5) unusual geographic distances between patient,
27 pharmacist and prescriber,
28 (6) consistent prescribing of habit-forming drugs.
29 (u-1) "Home infusion services" means services provided
30 by a pharmacy in compounding solutions for direct
31 administration to a patient in a private residence, long-term
32 care facility, or hospice setting by means of parenteral,
33 intravenous, intramuscular, subcutaneous, or intraspinal
34 infusion.
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1 (v) "Immediate precursor" means a substance:
2 (1) which the Department has found to be and by
3 rule designated as being a principal compound used, or
4 produced primarily for use, in the manufacture of a
5 controlled substance;
6 (2) which is an immediate chemical intermediary
7 used or likely to be used in the manufacture of such
8 controlled substance; and
9 (3) the control of which is necessary to prevent,
10 curtail or limit the manufacture of such controlled
11 substance.
12 (w) "Instructional activities" means the acts of
13 teaching, educating or instructing by practitioners using
14 controlled substances within educational facilities approved
15 by the State Board of Education or its successor agency.
16 (x) "Local authorities" means a duly organized State,
17 County or Municipal peace unit or police force.
18 (y) "Look-alike substance" means a substance, other than
19 a controlled substance which (1) by overall dosage unit
20 appearance, including shape, color, size, markings or lack
21 thereof, taste, consistency, or any other identifying
22 physical characteristic of the substance, would lead a
23 reasonable person to believe that the substance is a
24 controlled substance, or (2) is expressly or impliedly
25 represented to be a controlled substance or is distributed
26 under circumstances which would lead a reasonable person to
27 believe that the substance is a controlled substance. For the
28 purpose of determining whether the representations made or
29 the circumstances of the distribution would lead a reasonable
30 person to believe the substance to be a controlled substance
31 under this clause (2) of subsection (y), the court or other
32 authority may consider the following factors in addition to
33 any other factor that may be relevant:
34 (a) statements made by the owner or person in
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1 control of the substance concerning its nature, use or
2 effect;
3 (b) statements made to the buyer or recipient that
4 the substance may be resold for profit;
5 (c) whether the substance is packaged in a manner
6 normally used for the illegal distribution of controlled
7 substances;
8 (d) whether the distribution or attempted
9 distribution included an exchange of or demand for money
10 or other property as consideration, and whether the
11 amount of the consideration was substantially greater
12 than the reasonable retail market value of the substance.
13 Clause (1) of this subsection (y) shall not apply to a
14 noncontrolled substance in its finished dosage form that was
15 initially introduced into commerce prior to the initial
16 introduction into commerce of a controlled substance in its
17 finished dosage form which it may substantially resemble.
18 Nothing in this subsection (y) prohibits the dispensing
19 or distributing of noncontrolled substances by persons
20 authorized to dispense and distribute controlled substances
21 under this Act, provided that such action would be deemed to
22 be carried out in good faith under subsection (u) if the
23 substances involved were controlled substances.
24 Nothing in this subsection (y) or in this Act prohibits
25 the manufacture, preparation, propagation, compounding,
26 processing, packaging, advertising or distribution of a drug
27 or drugs by any person registered pursuant to Section 510 of
28 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
29 (y-1) "Mail-order pharmacy" means a pharmacy that is
30 located in a state of the United States, other than Illinois,
31 that delivers, dispenses or distributes, through the United
32 States Postal Service or other common carrier, to Illinois
33 residents, any substance which requires a prescription.
34 (z) "Manufacture" means the production, preparation,
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1 propagation, compounding, conversion or processing of a
2 controlled substance, either directly or indirectly, by
3 extraction from substances of natural origin, or
4 independently by means of chemical synthesis, or by a
5 combination of extraction and chemical synthesis, and
6 includes any packaging or repackaging of the substance or
7 labeling of its container, except that this term does not
8 include:
9 (1) by an ultimate user, the preparation or
10 compounding of a controlled substance for his own use; or
11 (2) by a practitioner, or his authorized agent
12 under his supervision, the preparation, compounding,
13 packaging, or labeling of a controlled substance:
14 (a) as an incident to his administering or
15 dispensing of a controlled substance in the course
16 of his professional practice; or
17 (b) as an incident to lawful research,
18 teaching or chemical analysis and not for sale.
19 (z-1) "Methamphetamine manufacturing chemical" means any
20 of the following chemicals or substances containing any of
21 the following chemicals: benzyl methyl ketone, ephedrine,
22 methyl benzyl ketone, phenylacetone, phenyl-2-propanone,
23 pseudoephedrine, or red phosphorous or any of the salts,
24 optical isomers, or salts of optical isomers of the
25 above-listed chemicals.
26 (aa) "Narcotic drug" means any of the following, whether
27 produced directly or indirectly by extraction from substances
28 of natural origin, or independently by means of chemical
29 synthesis, or by a combination of extraction and chemical
30 synthesis:
31 (1) opium and opiate, and any salt, compound,
32 derivative, or preparation of opium or opiate;
33 (2) any salt, compound, isomer, derivative, or
34 preparation thereof which is chemically equivalent or
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1 identical with any of the substances referred to in
2 clause (1), but not including the isoquinoline alkaloids
3 of opium;
4 (3) opium poppy and poppy straw;
5 (4) coca leaves and any salts, compound, isomer,
6 salt of an isomer, derivative, or preparation of coca
7 leaves including cocaine or ecgonine, and any salt,
8 compound, isomer, derivative, or preparation thereof
9 which is chemically equivalent or identical with any of
10 these substances, but not including decocainized coca
11 leaves or extractions of coca leaves which do not contain
12 cocaine or ecgonine (for the purpose of this paragraph,
13 the term "isomer" includes optical, positional and
14 geometric isomers).
15 (bb) "Nurse" means a registered nurse licensed under the
16 Nursing and Advanced Practice Nursing Act.
17 (cc) (Blank).
18 (dd) "Opiate" means any substance having an addiction
19 forming or addiction sustaining liability similar to morphine
20 or being capable of conversion into a drug having addiction
21 forming or addiction sustaining liability.
22 (ee) "Opium poppy" means the plant of the species
23 Papaver somniferum L., except its seeds.
24 (ff) "Parole and Pardon Board" means the Parole and
25 Pardon Board of the State of Illinois or its successor
26 agency.
27 (gg) "Person" means any individual, corporation,
28 mail-order pharmacy, government or governmental subdivision
29 or agency, business trust, estate, trust, partnership or
30 association, or any other entity.
31 (hh) "Pharmacist" means any person who holds a
32 certificate of registration as a registered pharmacist, a
33 local registered pharmacist or a registered assistant
34 pharmacist under the Pharmacy Practice Act of 1987.
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1 (ii) "Pharmacy" means any store, ship or other place in
2 which pharmacy is authorized to be practiced under the
3 Pharmacy Practice Act of 1987.
4 (jj) "Poppy straw" means all parts, except the seeds, of
5 the opium poppy, after mowing.
6 (kk) "Practitioner" means a physician licensed to
7 practice medicine in all its branches, dentist, podiatrist,
8 veterinarian, scientific investigator, pharmacist, physician
9 assistant, advanced practice nurse, licensed practical nurse,
10 registered nurse, hospital, laboratory, or pharmacy, or other
11 person licensed, registered, or otherwise lawfully permitted
12 by the United States or this State to distribute, dispense,
13 conduct research with respect to, administer or use in
14 teaching or chemical analysis, a controlled substance in the
15 course of professional practice or research.
16 (ll) "Pre-printed prescription" means a written
17 prescription upon which the designated drug has been
18 indicated prior to the time of issuance.
19 (mm) "Prescriber" means a physician licensed to practice
20 medicine in all its branches, dentist, podiatrist or
21 veterinarian who issues a prescription, a physician assistant
22 who issues a prescription for a Schedule III, IV, or V
23 controlled substance in accordance with Section 303.05 and
24 the written guidelines required under Section 7.5 of the
25 Physician Assistant Practice Act of 1987, or an advanced
26 practice nurse with prescriptive authority in accordance with
27 Section 303.05 and a written collaborative agreement under
28 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
29 Nursing Act.
30 (nn) "Prescription" means a lawful written, facsimile,
31 or verbal order of a physician licensed to practice medicine
32 in all its branches, dentist, podiatrist or veterinarian for
33 any controlled substance, of a physician assistant for a
34 Schedule III, IV, or V controlled substance in accordance
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1 with Section 303.05 and the written guidelines required under
2 Section 7.5 of the Physician Assistant Practice Act of 1987,
3 or of an advanced practice nurse who issues a prescription
4 for a Schedule III, IV, or V controlled substance in
5 accordance with Section 303.05 and a written collaborative
6 agreement under Sections 15-15 and 15-20 of the Nursing and
7 Advanced Practice Nursing Act.
8 (oo) "Production" or "produce" means manufacture,
9 planting, cultivating, growing, or harvesting of a controlled
10 substance.
11 (pp) "Registrant" means every person who is required to
12 register under Section 302 of this Act.
13 (qq) "Registry number" means the number assigned to each
14 person authorized to handle controlled substances under the
15 laws of the United States and of this State.
16 (rr) "State" includes the State of Illinois and any
17 state, district, commonwealth, territory, insular possession
18 thereof, and any area subject to the legal authority of the
19 United States of America.
20 (ss) "Ultimate user" means a person who lawfully
21 possesses a controlled substance for his own use or for the
22 use of a member of his household or for administering to an
23 animal owned by him or by a member of his household.
24 (Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03.)
25 (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
26 Sec. 302. (a) Every person who manufactures, distributes,
27 or dispenses any controlled substances, or engages in
28 chemical analysis, and instructional activities which utilize
29 controlled substances, or who purchases, stores, or
30 administers euthanasia drugs, within this State or who
31 proposes to engage in the manufacture, distribution, or
32 dispensing of any controlled substance, or to engage in
33 chemical analysis, and instructional activities which utilize
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1 controlled substances, or to engage in purchasing, storing,
2 or administering euthanasia drugs, within this State, must
3 obtain a registration issued by the Department of
4 Professional Regulation in accordance with its rules. The
5 rules shall include, but not be limited to, setting the
6 expiration date and renewal period for each registration
7 under this Act. The Department, and any facility or service
8 licensed by the Department, shall be exempt from the
9 regulation requirements of this Section.
10 (b) Persons registered by the Department of Professional
11 Regulation under this Act to manufacture, distribute, or
12 dispense controlled substances, or purchase, store, or
13 administer euthanasia drugs, may possess, manufacture,
14 distribute, or dispense those substances, or purchase, store,
15 or administer euthanasia drugs, to the extent authorized by
16 their registration and in conformity with the other
17 provisions of this Article.
18 (c) The following persons need not register and may
19 lawfully possess controlled substances under this Act:
20 (1) an agent or employee of any registered
21 manufacturer, distributor, or dispenser of any controlled
22 substance if he is acting in the usual course of his
23 employer's lawful business or employment;
24 (2) a common or contract carrier or warehouseman,
25 or an agent or employee thereof, whose possession of any
26 controlled substance is in the usual lawful course of
27 such business or employment;
28 (3) an ultimate user or a person in possession of
29 any controlled substance pursuant to a lawful
30 prescription of a practitioner or in lawful possession of
31 a Schedule V substance;
32 (4) officers and employees of this State or of the
33 United States while acting in the lawful course of their
34 official duties which requires possession of controlled
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1 substances;
2 (5) a registered pharmacist who is employed in, or
3 the owner of, a pharmacy licensed under this Act and the
4 Federal Controlled Substances Act, at the licensed
5 location, or if he is acting in the usual course of his
6 lawful profession, business, or employment.
7 (d) A separate registration is required at each place of
8 business or professional practice where the applicant
9 manufactures, distributes, or dispenses controlled
10 substances, or purchases, stores, or administers euthanasia
11 drugs. Persons are required to obtain a separate registration
12 for each place of business or professional practice where
13 controlled substances are located or stored. A separate
14 registration is not required for every location at which a
15 controlled substance may be prescribed.
16 (e) The Department of Professional Regulation or the
17 Department of State Police may inspect the controlled
18 premises, as defined in Section 502 of this Act, of a
19 registrant or applicant for registration in accordance with
20 this Act and the rules promulgated hereunder and with regard
21 to persons licensed by the Department, in accordance with
22 subsection (bb) of Section 30-5 of the Alcoholism and Other
23 Drug Abuse and Dependency Act and the rules and regulations
24 promulgated thereunder.
25 (Source: P.A. 87-711; 88-670, eff. 12-2-94.)
26 (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
27 Sec. 303. (a) The Department of Professional Regulation
28 shall license an applicant to manufacture, distribute or
29 dispense controlled substances included in Sections 204, 206,
30 208, 210 and 212 of this Act or purchase, store, or
31 administer euthanasia drugs unless it determines that the
32 issuance of that license would be inconsistent with the
33 public interest. In determining the public interest, the
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1 Department of Professional Regulation shall consider the
2 following:
3 (1) maintenance of effective controls against
4 diversion of controlled substances into other than lawful
5 medical, scientific, or industrial channels;
6 (2) compliance with applicable Federal, State and
7 local law;
8 (3) any convictions of the applicant under any law
9 of the United States or of any State relating to any
10 controlled substance;
11 (4) past experience in the manufacture or
12 distribution of controlled substances, and the existence
13 in the applicant's establishment of effective controls
14 against diversion;
15 (5) furnishing by the applicant of false or
16 fraudulent material in any application filed under this
17 Act;
18 (6) suspension or revocation of the applicant's
19 Federal registration to manufacture, distribute, or
20 dispense controlled substances, or purchase, store, or
21 administer euthanasia drugs, as authorized by Federal
22 law;
23 (7) whether the applicant is suitably equipped with
24 the facilities appropriate to carry on the operation
25 described in his application;
26 (8) whether the applicant is of good moral
27 character or, if the applicant is a partnership,
28 association, corporation or other organization, whether
29 the partners, directors, governing committee and managing
30 officers are of good moral character;
31 (9) any other factors relevant to and consistent
32 with the public health and safety; and
33 (10) Evidence from court, medical disciplinary and
34 pharmacy board records and those of State and Federal
-20- LRB093 07281 RLC 19768 a
1 investigatory bodies that the applicant has not or does
2 not prescribe controlled substances within the provisions
3 of this Act.
4 (b) No license shall be granted to or renewed for any
5 person who has within 5 years been convicted of a wilful
6 violation of any law of the United States or any law of any
7 State relating to controlled substances, or who is found to
8 be deficient in any of the matters enumerated in subsections
9 (a)(1) through (a)(8).
10 (c) Licensure under subsection (a) does not entitle a
11 registrant to manufacture, distribute or dispense controlled
12 substances in Schedules I or II other than those specified in
13 the registration.
14 (d) Practitioners who are licensed to dispense any
15 controlled substances in Schedules II through V are
16 authorized to conduct instructional activities with
17 controlled substances in Schedules II through V under the law
18 of this State.
19 (e) If an applicant for registration is registered under
20 the Federal law to manufacture, distribute or dispense
21 controlled substances, or purchase, store, or administer
22 euthanasia drugs, upon filing a completed application for
23 licensure in this State and payment of all fees due
24 hereunder, he shall be licensed in this State to the same
25 extent as his Federal registration, unless, within 30 days
26 after completing his application in this State, the
27 Department of Professional Regulation notifies the applicant
28 that his application has not been granted. A practitioner
29 who is in compliance with the Federal law with respect to
30 registration to dispense controlled substances in Schedules
31 II through V need only send a current copy of that Federal
32 registration to the Department of Professional Regulation and
33 he shall be deemed in compliance with the registration
34 provisions of this State.
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1 (e-5) Beginning July 1, 2003, all of the fees and fines
2 collected under this Section 303 shall be deposited into the
3 Illinois State Pharmacy Disciplinary Fund.
4 (f) The fee for registration as a manufacturer or
5 wholesale distributor of controlled substances shall be
6 $50.00 per year, except that the fee for registration as a
7 manufacturer or wholesale distributor of controlled
8 substances that may be dispensed without a prescription under
9 this Act shall be $15.00 per year. The expiration date and
10 renewal period for each controlled substance license issued
11 under this Act shall be set by rule.
12 (Source: P.A. 93-32, eff. 7-1-03.)
13 (720 ILCS 570/303.05)
14 Sec. 303.05. Mid-level practitioner registration.
15 (a) The Department of Professional Regulation shall
16 register licensed physician assistants and licensed advanced
17 practice nurses to prescribe and dispense Schedule III, IV,
18 or V controlled substances under Section 303 and euthanasia
19 agencies to purchase, store, or administer euthanasia drugs
20 under the following circumstances:
21 (1) with respect to physician assistants or
22 advanced practice nurses,
23 (A) the physician assistant or advanced
24 practice nurse has been delegated prescriptive
25 authority by a physician licensed to practice
26 medicine in all its branches in accordance with
27 Section 7.5 of the Physician Assistant Practice Act
28 of 1987 or Section 15-20 of the Nursing and Advanced
29 Practice Nursing Act; and
30 (B)(2) the physician assistant or advanced
31 practice nurse has completed the appropriate
32 application forms and has paid the required fees as
33 set by rule; or.
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1 (2) with respect to euthanasia agencies, the
2 euthanasia agency has obtained a license from the
3 Department of Professional Regulation and obtained a
4 registration number from the Department.
5 (b) The mid-level practitioner shall only be licensed to
6 prescribe those schedules of controlled substances for which
7 a licensed physician has delegated prescriptive authority,
8 except that a euthanasia agency does not have any
9 prescriptive authority.
10 (c) Upon completion of all registration requirements,
11 physician assistants,and advanced practice nurses, and
12 euthanasia agencies shall be issued a mid-level practitioner
13 controlled substances license for Illinois.
14 (Source: P.A. 90-818, eff. 3-23-99.)
15 (720 ILCS 570/304) (from Ch. 56 1/2, par. 1304)
16 Sec. 304. (a) A registration under Section 303 to
17 manufacture, distribute, or dispense a controlled substance
18 or purchase, store, or administer euthanasia drugs may be
19 suspended or revoked by the Department of Professional
20 Regulation upon a finding that the registrant:
21 (1) has furnished any false or fraudulent material
22 information in any application filed under this Act; or
23 (2) has been convicted of a felony under any law of the
24 United States or any State relating to any controlled
25 substance; or
26 (3) has had suspended or revoked his Federal
27 registration to manufacture, distribute, or dispense
28 controlled substances or purchase, store, or administer
29 euthanasia drugs; or
30 (4) has been convicted of bribery, perjury, or other
31 infamous crime under the laws of the United States or of any
32 State; or
33 (5) has violated any provision of this Act or any rules
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1 promulgated hereunder, whether or not he has been convicted
2 of such violation; or
3 (6) has failed to provide effective controls against the
4 diversion of controlled substances in other than legitimate
5 medical, scientific or industrial channels.
6 (b) The Department of Professional Regulation may limit
7 revocation or suspension of a registration to the particular
8 controlled substance with respect to which grounds for
9 revocation or suspension exist.
10 (c) The Department of Professional Regulation shall
11 promptly notify the Administration, the Department and the
12 Department of State Police or their successor agencies, of
13 all orders denying, suspending or revoking registration, all
14 forfeitures of controlled substances, and all final court
15 dispositions, if any, of such denials, suspensions,
16 revocations or forfeitures.
17 (d) If Federal registration of any registrant is
18 suspended, revoked, refused renewal or refused issuance, then
19 the Department of Professional Regulation shall issue a
20 notice and conduct a hearing in accordance with Section 305
21 of this Act.
22 (Source: P.A. 85-1209.)
23 (720 ILCS 570/306) (from Ch. 56 1/2, par. 1306)
24 Sec. 306. Every practitioner and person who is required
25 under this Act to be registered to manufacture, distribute or
26 dispense controlled substances or purchase, store, or
27 administer euthanasia drugs under this Act shall keep records
28 and maintain inventories in conformance with the
29 recordkeeping and inventory requirements of the laws of the
30 United States and with any additional rules and forms issued
31 by the Department of Professional Regulation.
32 (Source: P.A. 89-202, eff. 10-1-95.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".
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