Full Text of SB0073 97th General Assembly
SB0073ham002 97TH GENERAL ASSEMBLY | Rep. Jerry F. Costello, II Filed: 10/19/2011
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| 1 | | AMENDMENT TO SENATE BILL 73
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 73 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Methamphetamine Precursor Tracking Act. | 6 | | Section 5. Purposes.
The purposes of this Act are to | 7 | | establish a program to track purchases of targeted | 8 | | methamphetamine precursors at covered pharmacies in Illinois; | 9 | | to track purchases of targeted methamphetamine precursors for | 10 | | the likely purpose of manufacturing methamphetamine; to starve | 11 | | methamphetamine manufacturers of the methamphetamine | 12 | | precursors they need to make methamphetamine; to locate and | 13 | | shut down methamphetamine laboratories; and ultimately to | 14 | | reduce the harm that methamphetamine manufacturing and | 15 | | manufacturers are inflicting on individuals, families, | 16 | | communities, first responders, the economy, and the |
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| 1 | | environment in Illinois and beyond.
| 2 | | Section 10. Definitions. In this Act: | 3 | | "Administer" or "administration" has the meaning provided | 4 | | in Section 102 of the Illinois Controlled Substances Act.
| 5 | | "Agent" has the meaning provided in Section 102 of the | 6 | | Illinois Controlled Substances Act. | 7 | | "Authorized representative" means an employee or agent of a | 8 | | qualified outside entity who has been authorized in writing by | 9 | | his or her agency or office to receive confidential information | 10 | | from the central repository. | 11 | | "Central Repository" means the entity chosen by the | 12 | | Illinois State Police to handle electronic transaction records | 13 | | as described in this Act. | 14 | | "Convenience package" means any package that contains 360 | 15 | | milligrams or less of ephedrine or pseudoephedrine, their salts | 16 | | or optical isomers, or salts of optical isomers in liquid or | 17 | | liquid filled capsule form. | 18 | | "Covered pharmacy" means any pharmacy that distributes any | 19 | | amount of targeted methamphetamine precursor that is | 20 | | physically located in Illinois.
| 21 | | "Deliver" has the meaning provided in Section 102 of the | 22 | | Illinois Controlled Substances Act.
| 23 | | "Dispense" has the meaning provided in Section 102 of the | 24 | | Illinois Controlled Substances Act.
| 25 | | "Distribute" has the meaning provided in Section 102 of the |
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| 1 | | Illinois Controlled Substances Act.
| 2 | | "Electronic transaction record" means, with respect to the | 3 | | distribution of a targeted methamphetamine precursor by a | 4 | | pharmacy to a recipient under Section 25 of the Methamphetamine | 5 | | Precursor Control Act, an electronic record that includes: the | 6 | | name and address of the recipient; date and time of the | 7 | | transaction; brand and product name and total quantity | 8 | | distributed of ephedrine or pseudoephedrine, their salts, or | 9 | | optical isomers, or salts of optical isomers; identification | 10 | | type and identification number of the identification presented | 11 | | by the recipient; and the name and address of the pharmacy.
| 12 | | "Identification information" means identification type and | 13 | | identification number.
| 14 | | "Identification number" means the number that appears on | 15 | | the identification furnished by the recipient of a targeted | 16 | | methamphetamine precursor.
| 17 | | "Identification type" means the type of identification | 18 | | furnished by the recipient of a targeted methamphetamine | 19 | | precursor such as, by way of example only, an Illinois driver's | 20 | | license or United States passport.
| 21 | | "List I chemical" has the meaning provided in 21 U.S.C. | 22 | | 802.
| 23 | | "Methamphetamine precursor" has the meaning provided in | 24 | | Section 10 of the Methamphetamine Control and Community | 25 | | Protection Act.
| 26 | | "Package" means an item packaged and marked for retail sale |
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| 1 | | that is not designed to be further broken down or subdivided | 2 | | for the purpose of retail sale.
| 3 | | "Pharmacist" has the meaning provided in Section 102 of the | 4 | | Illinois Controlled Substances Act.
| 5 | | "Pharmacy" has the meaning provided in Section 102 of the | 6 | | Illinois Controlled Substances Act.
| 7 | | "Practitioner" has the meaning provided in Section 102 of | 8 | | the Illinois Controlled Substances Act.
| 9 | | "Prescriber" has the meaning provided in Section 102 of the | 10 | | Illinois Controlled Substances Act.
| 11 | | "Prescription" has the meaning provided in Section 102 of | 12 | | the Illinois Controlled Substances Act.
| 13 | | "Qualified outside entity" means a law enforcement agency | 14 | | or prosecutor's office with authority to identify, | 15 | | investigate, or prosecute violations of this Act or any other | 16 | | State or federal law or rule involving a methamphetamine | 17 | | precursor, methamphetamine, or any other controlled substance.
| 18 | | "Readily retrievable" has the meaning provided in 21 C.F.R. | 19 | | part 1300.
| 20 | | "Recipient" means a person purchasing, receiving, or | 21 | | otherwise acquiring a targeted methamphetamine precursor from | 22 | | a pharmacy in Illinois, as described in Section 25 of the | 23 | | Methamphetamine Precursor Control Act. | 24 | | "Retail distributor" means a grocery store, general | 25 | | merchandise store, drug store, other merchandise store, or | 26 | | other entity or person whose activities as a distributor |
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| 1 | | relating to drug products containing targeted methamphetamine | 2 | | precursor are limited exclusively or almost exclusively to | 3 | | sales for personal use by an ultimate user, both in number of | 4 | | sales and volume of sales, either directly to walk-in customers | 5 | | or in face-to-face transactions by direct sales.
| 6 | | "Sales employee" means any employee or agent, other than a | 7 | | pharmacist or pharmacy technician who at any time (1) operates | 8 | | a cash register at which convenience packages may be sold, (2) | 9 | | stocks shelves containing convenience packages, or (3) trains | 10 | | or supervises any other employee or agent who engages in any of | 11 | | the preceding activities.
| 12 | | "Single retail transaction" means a sale by a retail | 13 | | distributor to a recipient at a specific time.
| 14 | | "Targeted methamphetamine precursor" means any compound, | 15 | | mixture, or preparation that contains any detectable quantity | 16 | | of ephedrine or pseudoephedrine, their salts or optical | 17 | | isomers, or salts of optical isomers.
| 18 | | "Targeted package" means a package, including a | 19 | | convenience package, containing any amount of targeted | 20 | | methamphetamine precursor.
| 21 | | "Ultimate user" has the meaning provided in Section 102 of | 22 | | the Illinois Controlled Substances Act.
| 23 | | Section 15. General provisions.
| 24 | | (a) Structure.
There is established a statewide precursor | 25 | | tracking program coordinated and administered by the Illinois |
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| 1 | | State Police to track purchases of targeted methamphetamine | 2 | | precursors across multiple locations for the purposes stated in | 3 | | Section 5 of this Act.
Every covered pharmacy must comply with | 4 | | this Act.
The tracking program created by this Act shall be the | 5 | | sole methamphetamine precursor tracking program in Illinois.
| 6 | | (b) Transmission of electronic transaction records.
Unless | 7 | | otherwise provided in this Act, each time a covered pharmacy | 8 | | distributes a targeted methamphetamine precursor to a | 9 | | recipient, the pharmacy shall transmit an electronic | 10 | | transaction record to the Central Repository.
| 11 | | (c) Notification. The Illinois Department of Financial and | 12 | | Professional Regulation shall notify pharmacies seeking | 13 | | licensure in Illinois of their obligation to comply with the | 14 | | requirements of this Act.
| 15 | | (d) Electronic transmission. Starting on the effective | 16 | | date of this Act and continuing thereafter, covered pharmacies | 17 | | shall transmit all electronic transaction records as required | 18 | | by this Act.
| 19 | | (e) Funding. Funding for the tracking program shall be | 20 | | provided by the Illinois State Police drawing upon federal and | 21 | | State grant money and other available sources.
| 22 | | Section 20. Secure website.
| 23 | | (a) The Illinois State Police shall establish a secure | 24 | | website for the transmission of electronic transaction records | 25 | | and make it available free of charge to covered pharmacies.
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| 1 | | (b) The secure website shall enable covered pharmacies to | 2 | | transmit to the Central Repository an electronic transaction | 3 | | record each time the pharmacy distributes a targeted | 4 | | methamphetamine precursor to a recipient.
| 5 | | (c) If the secure website becomes unavailable to a covered | 6 | | pharmacy, the covered pharmacy may, during the period in which | 7 | | the secure website is not available, continue to distribute | 8 | | targeted methamphetamine precursor without using the secure | 9 | | website if, during this period, the covered pharmacy maintains | 10 | | and transmits handwritten logs as described in Sections 20 and | 11 | | 25 of the Methamphetamine Precursor Control Act.
| 12 | | Section 25. Confidentiality of records.
| 13 | | (a) The Central Repository may delete each electronic | 14 | | transaction record and handwritten log entry 48 months after | 15 | | the date of the transaction it describes.
| 16 | | (b) The Illinois State Police and Central Repository shall | 17 | | carry out a program to protect the confidentiality of | 18 | | electronic transaction records created pursuant to this Act and | 19 | | shall ensure that this information remains completely | 20 | | confidential except as specifically provided in subsections | 21 | | (c) through (f) of this Section.
| 22 | | (c) Any employee or agent of the Central Repository may | 23 | | have access to electronic transaction records and handwritten | 24 | | log entries solely for the purpose of receiving, processing, | 25 | | storing or analyzing this information.
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| 1 | | (d) The Illinois State Police may grant qualified outside | 2 | | agencies access to electronic transaction records or | 3 | | handwritten log entries for the purpose of identifying, | 4 | | investigating, or prosecuting violations of this Act or any | 5 | | other State or federal law or rule involving a methamphetamine | 6 | | precursor, methamphetamine, or any other controlled substance.
| 7 | | (e) The Illinois State Police may release electronic | 8 | | transaction records or handwritten log entries to the | 9 | | authorized representative of a qualified outside entity only if | 10 | | the Illinois State Police verifies that the entity receiving | 11 | | electronic transaction records or handwritten log entries is a | 12 | | qualified outside entity as defined in this Act and that | 13 | | outside entity agrees or has previously agreed in writing, that | 14 | | it will use electronic transaction records and handwritten log | 15 | | entries solely for the purpose of identifying, investigating, | 16 | | or prosecuting violations of this Act or any other State or | 17 | | federal law or rule involving a methamphetamine precursor, | 18 | | methamphetamine, or any other controlled substance.
| 19 | | (f) The Illinois State Police may release to the recipient | 20 | | any electronic transaction records clearly relating to that | 21 | | recipient, upon sufficient proof of identity.
| 22 | | Section 30. Violations.
| 23 | | (a) Any covered pharmacy or retail distributor that | 24 | | violates this Act is guilty of a petty offense and subject to a | 25 | | fine of $500 for a first offense; $1,000 for a second offense |
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| 1 | | occurring at the same retail location as and within 3 years of | 2 | | the offense; and $5,000 for a third or subsequent offense | 3 | | occurring at the same retail location as and within 3 years of | 4 | | the prior offenses. | 5 | | (b) An employee or agent of a covered pharmacy who violates | 6 | | this Act is guilty of a Class A misdemeanor for a first | 7 | | offense; a Class 4 felony for a second offense; and a Class 1 | 8 | | felony for a third or subsequent offense.
| 9 | | Section 35. Immunity from civil liability. In the event | 10 | | that any agent or employee of a covered pharmacy or retail | 11 | | distributor reports to any law enforcement officer or agency | 12 | | any suspicious activity concerning a targeted methamphetamine | 13 | | precursor or other methamphetamine ingredient or ingredients, | 14 | | the agent or employee and the pharmacy or retail distributor | 15 | | itself are immune from civil liability based on allegations of | 16 | | defamation, libel, slander, false arrest, or malicious | 17 | | prosecution, or similar allegations, except in cases of willful | 18 | | or wanton misconduct. A covered pharmacy that uses the | 19 | | electronic sales tracking system in accordance with this Act is | 20 | | immune from civil liability for any act or omission committed | 21 | | in carrying out the duties required by this Section, unless the | 22 | | act or omission was due to deliberate or willful and wanton | 23 | | misconduct. A covered pharmacy is not liable for damages | 24 | | resulting from a data breach that was proximately caused by a | 25 | | failure on the part of the electronic sales tracking system. |
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| 1 | | Section 40. Preemption. The regulation of the tracking of | 2 | | methamphetamine precursors is an exclusive power and function | 3 | | of the State. A county or municipality, including a home rule | 4 | | unit, may not regulate the tracking of methamphetamine | 5 | | precursors. This Section is a denial and limitation of home | 6 | | rule powers under subsection (h) of Section 6 of Article VII of | 7 | | the Illinois Constitution.
| 8 | | Section 105. The Methamphetamine Precursor Control Act is | 9 | | amended by changing Sections 10, 25, 40, and 55 as follows: | 10 | | (720 ILCS 648/10) | 11 | | Sec. 10. Definitions. In this Act: | 12 | | "Administer" or "administration" has the meaning provided | 13 | | in Section 102 of the Illinois Controlled Substances Act. | 14 | | "Agent" has the meaning provided in Section 102 of the | 15 | | Illinois Controlled Substances Act. | 16 | | "Authorized representative" means an employee or agent of a | 17 | | qualified outside entity who has been authorized in writing by | 18 | | his or her agency or office to receive confidential information | 19 | | from the Central Repository database associated with the | 20 | | Williamson County Pilot Program or the Illinois State Police | 21 | | Precursor Tracking Program . | 22 | | "Central Repository" means the entity chosen by the | 23 | | Illinois State Police Williamson County Pilot Program |
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| 1 | | Authority to handle electronic transaction records as | 2 | | described in Sections 36, 37, 38, 39, and 39.5 of this Act or | 3 | | the entity chosen by the Illinois State Police Precursor | 4 | | Tracking Program to handle electronic transaction records as | 5 | | described in Sections 39.6, 39.7, 39.8, and 39.8-5 . | 6 | | "Convenience package" means any package that contains 360 | 7 | | milligrams or less of ephedrine or pseudoephedrine, their salts | 8 | | or optical isomers, or salts of optical isomers in liquid or | 9 | | liquid-filled capsule form. | 10 | | "Covered pharmacy" means any pharmacy that distributes any | 11 | | amount of targeted methamphetamine precursor that is | 12 | | physically located in Illinois. | 13 | | "Covered pharmacy under the Franklin, Jackson, Johnson, | 14 | | Saline, Union, or Williamson County Program" or "covered | 15 | | pharmacy" means any pharmacy that distributes any amount of | 16 | | targeted methamphetamine precursor and that is physically | 17 | | located in any of the following Illinois counties: Franklin, | 18 | | Jackson, Johnson, Saline, Union, or Williamson. | 19 | | "Covered pharmacy under the Illinois State Police | 20 | | Precursor Tracking Program" or "covered pharmacy" means any | 21 | | pharmacy that distributes any amount of targeted | 22 | | methamphetamine precursor and that is physically located in any | 23 | | of the following Illinois counties: Adams, Madison, St. Clair, | 24 | | or Vermilion. | 25 | | "Deliver" has the meaning provided in Section 102 of the | 26 | | Illinois Controlled Substances Act. |
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| 1 | | "Dispense" has the meaning provided in Section 102 of the | 2 | | Illinois Controlled Substances Act.
| 3 | | "Distribute" has the meaning provided in Section 102 of the | 4 | | Illinois Controlled Substances Act. | 5 | | "Electronic transaction record" means, with respect to the | 6 | | distribution of a targeted methamphetamine precursor by a | 7 | | pharmacy to a recipient under Section 25 of this Act, an | 8 | | electronic record that includes: the name and address of the | 9 | | recipient; date and time of the transaction; brand and product | 10 | | name and total quantity distributed of ephedrine or | 11 | | pseudoephedrine, their salts, or optical isomers, or salts of | 12 | | optical isomers; identification type and identification number | 13 | | of the identification presented by the recipient; and the name | 14 | | and address of the pharmacy. | 15 | | "Identification information" means identification type and | 16 | | identification number. | 17 | | "Identification number" means the number that appears on | 18 | | the identification furnished by the recipient of a targeted | 19 | | methamphetamine precursor. | 20 | | "Identification type" means the type of identification | 21 | | furnished by the recipient of a targeted methamphetamine | 22 | | precursor such as, by way of example only, an Illinois driver's | 23 | | license or United States passport. | 24 | | "Illinois State Police Precursor Tracking Program" or | 25 | | "Pilot Program Authority" means the program described in | 26 | | Sections 39.6, 39.7, 39.8, and 39.8-5 of this Act. |
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| 1 | | "List I chemical" has the meaning provided in 21 U.S.C. | 2 | | Section 802. | 3 | | "Methamphetamine precursor" has the meaning provided in | 4 | | Section 10 of the Methamphetamine Control and Community | 5 | | Protection Act. | 6 | | "Methamphetamine Precursor Violation Alert" means a notice | 7 | | sent by the Pilot Program Authority to pharmacies, retail | 8 | | distributors, or law enforcement authorities as described in | 9 | | subsection (h) of Section 39.5 of this Act. | 10 | | "Non-covered pharmacy" means any pharmacy that is not a | 11 | | covered pharmacy. | 12 | | "Package" means an item packaged and marked for retail sale | 13 | | that is not designed to be further broken down or subdivided | 14 | | for the purpose of retail sale. | 15 | | "Pharmacist" has the meaning provided in Section 102 of the | 16 | | Illinois Controlled Substances Act.
| 17 | | "Pharmacy" has the meaning provided in Section 102 of the | 18 | | Illinois Controlled Substances Act. | 19 | | "Practitioner" has the meaning provided in Section 102 of | 20 | | the Illinois Controlled Substances Act. | 21 | | "Prescriber" has the meaning provided in Section 102 of the | 22 | | Illinois Controlled Substances Act. | 23 | | "Prescription" has the meaning provided in Section 102 of | 24 | | the Illinois Controlled Substances Act. | 25 | | "Qualified outside entity" means a law enforcement agency | 26 | | or prosecutor's office with authority to identify, |
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| 1 | | investigate, or prosecute violations of this Act or any other | 2 | | State or federal law or rule involving a methamphetamine | 3 | | precursor, methamphetamine, or any other controlled substance , | 4 | | or a public entity that operates a methamphetamine precursor | 5 | | tracking program similar in purpose to the Williamson County | 6 | | Pilot Program or the Illinois State Police Precursor Tracking | 7 | | Program . | 8 | | "Readily retrievable" has the meaning provided in 21 C.F.R. | 9 | | part 1300. | 10 | | "Recipient" means a person purchasing, receiving, or | 11 | | otherwise acquiring a targeted methamphetamine precursor from | 12 | | a pharmacy in Illinois, as described in Section 25 of this Act. | 13 | | "Reporting start date" means the date on which covered | 14 | | pharmacies begin transmitting electronic transaction records | 15 | | and exempt pharmacies begin sending handwritten logs, as | 16 | | described in subsection (b) of Section 39 of this Act. | 17 | | "Retail distributor" means a grocery store, general | 18 | | merchandise store, drug store, other merchandise store, or | 19 | | other entity or person whose activities as a distributor | 20 | | relating to drug products containing targeted methamphetamine | 21 | | precursor are limited exclusively or almost exclusively to | 22 | | sales for personal use by an ultimate user, both in number of | 23 | | sales and volume of sales, either directly to walk-in customers | 24 | | or in face-to-face transactions by direct sales. | 25 | | "Sales employee" means any employee or agent, other than a | 26 | | pharmacist or pharmacy technician who at any time (a) operates |
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| 1 | | a cash register at which convenience
packages may be sold, (b) | 2 | | stocks shelves containing convenience packages, or (c) trains | 3 | | or supervises any other employee or agent who engages in any of | 4 | | the preceding activities. | 5 | | "Single retail transaction" means a sale by a retail | 6 | | distributor to a recipient at a specific time. | 7 | | "Targeted methamphetamine precursor" means any compound, | 8 | | mixture, or preparation that contains any detectable quantity | 9 | | of ephedrine or pseudoephedrine, their salts or optical | 10 | | isomers, or salts of optical isomers. | 11 | | "Targeted package" means a package, including a | 12 | | convenience package, containing any amount of targeted | 13 | | methamphetamine precursor. | 14 | | "Ultimate user" has the meaning provided in Section 102 of | 15 | | the Illinois Controlled Substances Act.
| 16 | | "Williamson County Pilot Program" or "Pilot Program" means | 17 | | the program described in Sections 36, 37, 38, 39, and 39.5 of | 18 | | this Act. | 19 | | "Williamson County Pilot Program Authority" or "Pilot | 20 | | Program Authority" means the Williamson County Sheriff's | 21 | | Office or its employees or agents. | 22 | | "Voluntary participant" means any pharmacy that, although | 23 | | not required by law to do so, participates in the Williamson | 24 | | County Pilot Program. | 25 | | (Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.) |
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| 1 | | (720 ILCS 648/25) | 2 | | Sec. 25. Pharmacies. | 3 | | (a) No targeted methamphetamine precursor may be knowingly | 4 | | distributed through a pharmacy, including a pharmacy located | 5 | | within, owned by, operated by, or associated with a retail | 6 | | distributor unless all terms of this Section are satisfied. | 7 | | (b) Any targeted methamphetamine precursor other than a | 8 | | convenience package or a liquid, including but not limited to | 9 | | any targeted methamphetamine precursor in liquid-filled | 10 | | capsules, shall: be packaged in blister packs, with each | 11 | | blister containing not more than 2 dosage units, or when the | 12 | | use of blister packs is technically infeasible, in unit dose | 13 | | packets. Each targeted package shall contain no more than 3,000 | 14 | | milligrams of ephedrine or pseudoephedrine, their salts or | 15 | | optical isomers, or salts of optical isomers.
| 16 | | (c) The targeted methamphetamine precursor shall be stored | 17 | | behind the pharmacy counter and distributed by a pharmacist or | 18 | | pharmacy technician licensed under the Pharmacy Practice Act , | 19 | | or by an agent of the pharmacist or pharmacy technician . | 20 | | (d) Any retail distributor operating a pharmacy, and any | 21 | | pharmacist or pharmacy technician involved in the transaction | 22 | | or transactions, shall ensure that any person purchasing, | 23 | | receiving, or otherwise acquiring the targeted methamphetamine | 24 | | precursor complies with subsection (a) of Section 20 of this | 25 | | Act.
| 26 | | (e) Any retail distributor operating a pharmacy, and any |
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| 1 | | pharmacist or pharmacy technician involved in the transaction | 2 | | or transactions, shall verify that: | 3 | | (1) The person purchasing, receiving, or otherwise | 4 | | acquiring the targeted methamphetamine precursor is 18 | 5 | | years of age or older and resembles the photograph of the | 6 | | person on the government-issued identification presented | 7 | | by the person; and
| 8 | | (2) The name entered into the log referred to in | 9 | | subsection (a) of Section 20 of this Act corresponds to the | 10 | | name on the government-issued identification presented by | 11 | | the person.
| 12 | | (f) The logs referred to in subsection (a) of Section 20 of | 13 | | this Act shall be kept confidential, maintained for not less | 14 | | than 4 2 years, and made available for inspection and copying | 15 | | by any law enforcement officer upon request of that officer.
| 16 | | These logs shall may be kept in an electronic format as | 17 | | required by the Methamphetamine Precursor Tracking Act if they | 18 | | include all the information specified in subsection (a) of | 19 | | Section 20 of this Act in a manner that is readily retrievable | 20 | | and reproducible in hard-copy format. Pharmacies covered by the | 21 | | Williamson County Pilot Program described in Sections 36, 37, | 22 | | 38, 39, and 39.5 of this Act and pharmacies covered by the | 23 | | Illinois State Police Precursor Tracking Program described in | 24 | | Sections 39.6, 39.7, 39.8, and 39.8-5 of this Act are required | 25 | | to transmit electronic transaction records to the Pilot Program | 26 | | Authority in the manner described in those Sections . |
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| 1 | | (g) No retail distributor operating a pharmacy, and no | 2 | | pharmacist or pharmacy technician, shall knowingly distribute | 3 | | any targeted methamphetamine precursor to any person under 18 | 4 | | years of age. | 5 | | (h) No retail distributor operating a pharmacy, and no | 6 | | pharmacist or pharmacy technician, shall knowingly distribute | 7 | | to a single person more than 2 targeted packages in a single | 8 | | retail transaction. | 9 | | (i) No retail distributor operating a pharmacy, and no | 10 | | pharmacist or pharmacy technician, shall knowingly distribute | 11 | | to a single person in any 30-day period products containing | 12 | | more than a total of 7,500 milligrams of ephedrine or | 13 | | pseudoephedrine, their salts or optical isomers, or salts of | 14 | | optical isomers.
| 15 | | (j) A pharmacist or pharmacy technician may distribute a | 16 | | targeted methamphetamine precursor to a person who is without a | 17 | | form of identification specified in paragraph (1) of subsection | 18 | | (a) of Section 20 of this Act only if all other provisions of | 19 | | this Act are followed and either: | 20 | | (1) the person presents a driver's license issued | 21 | | without a photograph by the State of Illinois pursuant to | 22 | | the Illinois Administrative Code, Title 92, Section | 23 | | 1030.90(b)(1) or 1030.90(b)(2); or | 24 | | (2) the person is known to the pharmacist or pharmacy | 25 | | technician, the person presents some form of | 26 | | identification, and the pharmacist or pharmacy technician |
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| 1 | | reasonably believes that the targeted methamphetamine | 2 | | precursor will be used for a legitimate medical purpose and | 3 | | not to manufacture methamphetamine.
| 4 | | (k) When a pharmacist or pharmacy technician distributes a | 5 | | targeted methamphetamine precursor to a person according to the | 6 | | procedures set forth in this Act, and the pharmacist or | 7 | | pharmacy technician does not have access to a working cash | 8 | | register at the pharmacy counter, the pharmacist or pharmacy | 9 | | technician may instruct the person to pay for the targeted | 10 | | methamphetamine precursor at a cash register located elsewhere | 11 | | in the retail establishment, whether that register is operated | 12 | | by a pharmacist, pharmacy technician, or other employee or | 13 | | agent of the retail establishment.
| 14 | | (Source: P.A. 95-640, eff. 6-1-08; 95-689, eff. 10-29-07; | 15 | | 95-876, eff. 8-21-08; 96-50, eff. 10-21-09.)
| 16 | | (720 ILCS 648/40)
| 17 | | Sec. 40. Penalties. | 18 | | (a) Violations of subsection (b) of Section 20 of this Act. | 19 | | (1) Any person who knowingly purchases, receives, or | 20 | | otherwise acquires, within any 30-day period, products | 21 | | containing more than a total of 7,500 milligrams of | 22 | | ephedrine or pseudoephedrine, their salts or optical | 23 | | isomers, or salts of optical isomers in violation of | 24 | | subsection (b) of Section 20 of this Act is subject to the | 25 | | following penalties: |
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| 1 | | (A) More than 7,500 milligrams but less than 15,000 | 2 | | milligrams, Class B misdemeanor; | 3 | | (B) 15,000 or more but less than 22,500 milligrams, | 4 | | Class A misdemeanor; | 5 | | (C) 22,500 or more but less than 30,000 milligrams, | 6 | | Class 4 felony; | 7 | | (D) 30,000 or more but less than 37,500 milligrams, | 8 | | Class 3 felony; | 9 | | (E) 37,500 or more but less than 45,000 milligrams, | 10 | | Class 2 felony: | 11 | | (F) 45,000 or more milligrams, Class 1 felony. | 12 | | (2) Any person who knowingly purchases, receives, or | 13 | | otherwise acquires, within any 30-day period, products | 14 | | containing more than a total of 7,500 milligrams of | 15 | | ephedrine or pseudoephedrine, their salts or optical | 16 | | isomers, or salts of optical isomers in violation of | 17 | | subsection (b) of Section 20 of this Act, and who has | 18 | | previously been convicted of any methamphetamine-related | 19 | | offense under any State or federal law, is subject to the | 20 | | following penalties: | 21 | | (A) More than 7,500 milligrams but less than 15,000 | 22 | | milligrams, Class A misdemeanor; | 23 | | (B) 15,000 or more but less than 22,500 milligrams, | 24 | | Class 4 felony; | 25 | | (C) 22,500 or more but less than 30,000 milligrams, | 26 | | Class 3 felony; |
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| 1 | | (D) 30,000 or more but less than 37,500 milligrams, | 2 | | Class 2 felony; | 3 | | (E) 37,500 or more milligrams, Class 1 felony. | 4 | | (3) Any person who knowingly purchases, receives, or | 5 | | otherwise acquires, within any 30-day period, products | 6 | | containing more than a total of 7,500 milligrams of | 7 | | ephedrine or pseudoephedrine, their salts or optical | 8 | | isomers, or salts of optical isomers in violation of | 9 | | subsection (b) of Section 20 of this Act, and who has | 10 | | previously been convicted 2 or more times of any | 11 | | methamphetamine-related offense under State or federal | 12 | | law, is subject to the following penalties: | 13 | | (A) More than 7,500 milligrams but less than 15,000 | 14 | | milligrams, Class 4 felony; | 15 | | (B) 15,000 or more but less than 22,500 milligrams, | 16 | | Class 3 felony; | 17 | | (C) 22,500 or more but less than 30,000 milligrams, | 18 | | Class 2 felony; | 19 | | (D) 30,000 or more milligrams, Class 1 felony. | 20 | | (b) Violations of Section 15, 20, 25, 30, or 35 of this | 21 | | Act, other than violations of subsection (b) of Section 20 of | 22 | | this Act. | 23 | | (1) Any pharmacy or retail distributor that violates | 24 | | Section 15, 20, 25, 30, or 35 of this Act, other than | 25 | | subsection (b) of Section 20 of this Act, is guilty of a | 26 | | petty offense and subject to a fine of $500 for a first |
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| 1 | | offense; and $1,000 for a second offense occurring at the | 2 | | same retail location as and within 3 years of the prior | 3 | | offense. A pharmacy or retail distributor that violates | 4 | | this Act is guilty of a business offense and subject to a | 5 | | fine of $5,000 for a third or subsequent offense occurring | 6 | | at the same retail location as and within 3 years of the | 7 | | prior offenses. | 8 | | (2) An employee or agent of a pharmacy or retail | 9 | | distributor who violates Section 15, 20, 25, 30, or 35 of | 10 | | this Act, other than subsection (b) of Section 20 of this | 11 | | Act, is guilty of a Class A misdemeanor for a first | 12 | | offense, a Class 4 felony for a second offense, and a Class | 13 | | 1 felony for a third or subsequent offense. | 14 | | (3) Any other person who violates Section 15, 20, 25, | 15 | | 30, or 35 of this Act, other than subsection (b) of Section | 16 | | 20 of this Act, is guilty of a Class B misdemeanor for a | 17 | | first offense, a Class A misdemeanor for a second offense, | 18 | | and a Class 4 felony for a third or subsequent offense. | 19 | | (c) (Blank). Any pharmacy or retail distributor that | 20 | | violates Section 36, 37, 38, 39, 39.5, 39.6, 39.7, 39.8, or | 21 | | 39.8-5 of this Act is guilty of a petty offense and subject to | 22 | | a fine of $100 for a first offense, $250 for a second offense, | 23 | | or $500 for a third or subsequent offense. | 24 | | (d) (Blank). Any person that violates Section 39.5 or | 25 | | 39.8-5 of this Act is guilty of a Class B misdemeanor for a | 26 | | first offense, a Class A misdemeanor for a second offense, and |
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| 1 | | a Class 4 felony for a third offense. | 2 | | (e)
Any person who, in order to acquire a targeted | 3 | | methamphetamine precursor, knowingly uses or provides the | 4 | | driver's license or government-issued identification of | 5 | | another person, or who knowingly uses or provides a fictitious | 6 | | or unlawfully altered driver's license or government-issued | 7 | | identification, or who otherwise knowingly provides false | 8 | | information, is guilty of a Class 4 felony for a first offense, | 9 | | a Class 3 felony for a second offense, and a Class 2 felony for | 10 | | a third or subsequent offense. | 11 | | For purposes of this subsection (e), the terms "fictitious | 12 | | driver's license", "unlawfully altered driver's license", and | 13 | | "false information" have the meanings ascribed to them in | 14 | | Section 6-301.1 of the Illinois Vehicle Code.
| 15 | | (Source: P.A. 95-252, eff. 1-1-08; 95-640, eff. 6-1-08; 95-876, | 16 | | eff. 8-21-08; 96-50, eff. 10-21-09.) | 17 | | (720 ILCS 648/55) | 18 | | Sec. 55. Preemption and home rule powers. The regulation of | 19 | | the sale of targeted methamphetamine precursors and targeted | 20 | | packages are exclusive powers and functions of the State. A | 21 | | county or municipality, including a home rule unit, may not | 22 | | regulate the sale of targeted methamphetamine precursors and | 23 | | targeted packages. This Section is a denial and limitation of | 24 | | home rule powers under subsection (h) of Section 6 of Article | 25 | | VII of the Illinois Constitution. (a) Except as provided in |
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| 1 | | subsection (b) of this Section and in Sections 36, 37, 38, 39, | 2 | | 39.5, 39.6, 39.7, 39.8, and 39.8-5 of this Act, a county or | 3 | | municipality, including a home rule unit, may regulate the sale | 4 | | of targeted methamphetamine precursor and targeted packages in | 5 | | a manner that is not more or less restrictive than the | 6 | | regulation by the State under this Act. This Section is a | 7 | | limitation under subsection (i) of Section 6 of Article VII of | 8 | | the Illinois Constitution on the concurrent exercise by home | 9 | | rule units of the powers and functions exercised by the State. | 10 | | (b) Any regulation of the sale of targeted methamphetamine | 11 | | precursor and targeted packages by a home rule unit that took | 12 | | effect on or before May 1, 2004, is exempt from the provisions | 13 | | of subsection (a) of this Section.
| 14 | | (Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.) | 15 | | (720 ILCS 648/36 rep.) | 16 | | (720 ILCS 648/37 rep.) | 17 | | (720 ILCS 648/38 rep.) | 18 | | (720 ILCS 648/39 rep.) | 19 | | (720 ILCS 648/39.5 rep.) | 20 | | (720 ILCS 648/39.6 rep.) | 21 | | (720 ILCS 648/39.7 rep.) | 22 | | (720 ILCS 648/39.8 rep.) | 23 | | (720 ILCS 648/39.8-5 rep.) | 24 | | (720 ILCS 648/45 rep.) | 25 | | Section 110. The Methamphetamine Precursor Control Act is |
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| 1 | | amended by repealing Sections 36, 37, 38, 39, 39.5, 39.6, 39.7, | 2 | | 39.8, 39.8-5, and 45.
| 3 | | Section 999. Effective date. This Act takes effect upon | 4 | | becoming law.".
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