Illinois General Assembly - Full Text of SB0647
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Full Text of SB0647  103rd General Assembly



SB0647 EnrolledLRB103 03100 RJT 48106 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Mental Health and Developmental
5Disabilities Administrative Act is amended by changing Section
64 as follows:
7    (20 ILCS 1705/4)  (from Ch. 91 1/2, par. 100-4)
8    Sec. 4. Supervision of facilities and services; quarterly
10    (a) To exercise executive and administrative supervision
11over all facilities, divisions, programs and services now
12existing or hereafter acquired or created under the
13jurisdiction of the Department, including, but not limited to,
14the following:
15        The Alton Mental Health Center, at Alton
16        The Clyde L. Choate Mental Health and Developmental
17    Center, at Anna
18        The Chester Mental Health Center, at Chester
19        The Chicago-Read Mental Health Center, at Chicago
20        The Elgin Mental Health Center, at Elgin
21        The Metropolitan Children and Adolescents Center, at
22    Chicago
23        The Jacksonville Developmental Center, at Jacksonville



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1        The Governor Samuel H. Shapiro Developmental Center,
2    at Kankakee
3        The Tinley Park Mental Health Center, at Tinley Park
4        The Warren G. Murray Developmental Center, at
5    Centralia
6        The Jack Mabley Developmental Center, at Dixon
7        The Lincoln Developmental Center, at Lincoln
8        The H. Douglas Singer Mental Health and Developmental
9    Center, at Rockford
10        The John J. Madden Mental Health Center, at Chicago
11        The George A. Zeller Mental Health Center, at Peoria
12        The Elizabeth Parsons Ware Packard Andrew McFarland
13    Mental Health Center, at Springfield
14        The Adolf Meyer Mental Health Center, at Decatur
15        The William W. Fox Developmental Center, at Dwight
16        The Elisabeth Ludeman Developmental Center, at Park
17    Forest
18        The William A. Howe Developmental Center, at Tinley
19    Park
20        The Ann M. Kiley Developmental Center, at Waukegan.
21    (b) Beginning not later than July 1, 1977, the Department
22shall cause each of the facilities under its jurisdiction
23which provide in-patient care to comply with standards, rules
24and regulations of the Department of Public Health prescribed
25under Section 6.05 of the Hospital Licensing Act.
26    (b-5) The Department shall cause each of the facilities



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1under its jurisdiction that provide in-patient care to comply
2with Section 6.25 of the Hospital Licensing Act.
3    (c) The Department shall issue quarterly electronic
4reports to the General Assembly on admissions, deflections,
5discharges, bed closures, staff-resident ratios, census,
6average length of stay, and any adverse federal certification
7or accreditation findings, if any, for each State-operated
8facility for the mentally ill and for persons with
9developmental disabilities. The quarterly reports shall be
10issued by January 1, April 1, July 1, and October 1 of each
11year. The quarterly reports shall include the following
12information for each facility reflecting the period ending 15
13days prior to the submission of the report:
14        (1) the number of employees;
15        (2) the number of workplace violence incidents that
16    occurred, including the number that were a direct assault
17    on employees by residents and the number that resulted
18    from staff intervention in a resident altercation or other
19    form of injurious behavior;
20        (3) the number of employees impacted in each incident;
21    and
22        (4) the number of employee injuries resulting,
23    descriptions of the nature of the injuries, the number of
24    employee injuries requiring medical treatment at the
25    facility, the number of employee injuries requiring
26    outside medical treatment, and the number of days off work



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1    per injury.
2    (d) The requirements in subsection (c) do not relieve the
3Department from the recordkeeping requirements of the
4Occupational Safety and Health Act.
5    (e) The Department shall:
6        (1) establish a reasonable procedure for employees to
7    report work-related assaults and injuries. A procedure is
8    not reasonable if it would deter or discourage a
9    reasonable employee from accurately reporting a workplace
10    assault or injury;
11        (2) inform each employee:
12            (A) of the procedure for reporting work-related
13        assaults and injuries;
14            (B) of the right to report work-related assaults
15        and injuries; and
16            (C) that the Department is prohibited from
17        discharging or in any manner discriminating against
18        employees for reporting work-related assaults and
19        injuries; and
20        (3) not discharge, discipline, or in any manner
21    discriminate against any employee for reporting a
22    work-related assault or injury.
23(Source: P.A. 99-143, eff. 7-27-15; 100-1075, eff. 1-1-19.)
24    (405 ILCS 95/Act rep.)
25    Section 10. The Perinatal Mental Health Disorders



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1Prevention and Treatment Act is repealed.
2    Section 15. The Maternal Mental Health Conditions
3Education, Early Diagnosis, and Treatment Act is amended by
4changing Sections 5, 10, and 15 and by adding Sections 9 and 14
5as follows:
6    (405 ILCS 120/5)
7    Sec. 5. Findings. The General Assembly finds the
9        (1) Maternal depression is a common complication of
10    pregnancy. Maternal mental health disorders encompass a
11    range of mental health conditions, such as depression,
12    anxiety, and postpartum psychosis.
13        (2) Maternal mental health conditions affect one in 5
14    women during or after pregnancy, but all women are at risk
15    of suffering from maternal mental health conditions.
16        (3) Untreated maternal mental health conditions
17    significantly and negatively impact the short-term and
18    long-term health and well-being of affected women and
19    their children.
20        (4) Untreated maternal mental health conditions cause
21    adverse birth outcomes, impaired maternal-infant bonding,
22    poor infant growth, childhood emotional and behavioral
23    problems, and significant medical and economic costs,
24    estimated to be $22,500 per mother.



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1        (5) Lack of understanding and social stigma of mental
2    health conditions prevent women and families from
3    understanding the signs, symptoms, and risks involved with
4    maternal mental health conditions and disproportionately
5    affect women who lack access to social support networks.
6        (6) It is the intent of the General Assembly to raise
7    awareness of the risk factors, signs, symptoms, and
8    treatment options for maternal mental health conditions
9    among pregnant women and their families, the general
10    public, primary health care providers, and health care
11    providers who care for pregnant women, postpartum women,
12    and newborn infants.
13(Source: P.A. 101-512, eff. 1-1-20.)
14    (405 ILCS 120/9 new)
15    Sec. 9. Intent. It is the intent of the General Assembly:
16        (1) to raise awareness of the risk factors, signs,
17    symptoms, and treatment options for maternal mental health
18    conditions among pregnant women and their families, the
19    general public, primary care providers, and health care
20    providers who care for pregnant women, postpartum women,
21    and newborn infants;
22        (2) to provide information to women and their families
23    about maternal mental health conditions in order to lower
24    the likelihood that new mothers will continue to suffer
25    from this illness in silence;



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1        (3) to develop procedures for assessing women for
2    maternal mental health conditions during prenatal and
3    postnatal visits to licensed health care professionals;
4    and
5        (4) to promote early detection of maternal mental
6    health conditions to promote early care and treatment and,
7    when medically appropriate, to avoid medication.
8    (405 ILCS 120/10)
9    Sec. 10. Definitions. In this Act:
10    "Birthing hospital" means a hospital that has an approved
11obstetric category of service and licensed beds by the Health
12Facilities and Services Review Board.
13    "Department" means the Department of Human Services.
14    "Licensed health care professional" means a physician
15licensed to practice medicine in all its branches, a licensed
16advanced practice registered nurse, or a licensed physician
18    "Maternal mental health condition" means a mental health
19condition that occurs during pregnancy or during the
20postpartum period and includes, but is not limited to,
21postpartum depression.
22    "Postnatal care" means an office visit to a licensed
23health care professional occurring within 12 months after
24birth, with reference to the infant or mother.
25    "Prenatal care" means an office visit to a licensed health



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1care professional for pregnancy-related care occurring before
2the birth.
3    "Questionnaire" means an assessment tool administered by a
4licensed health care professional to detect maternal mental
5health conditions, such as the Edinburgh Postnatal Depression
6Scale, the Postpartum Depression Screening Scale, the Beck
7Depression Inventory, the Patient Health Questionnaire, or
8other validated assessment methods.
9(Source: P.A. 101-512, eff. 1-1-20.)
10    (405 ILCS 120/14 new)
11    Sec. 14. Maternal mental health conditions prevention and
12treatment. The Department of Human Services, in conjunction
13with the Department of Healthcare and Family Services, the
14Department of Public Health, and the Department of Financial
15and Professional Regulation, shall work with birthing
16hospitals and licensed health care professionals in this State
17to develop policies, procedures, information, and educational
18materials to meet each of the following requirements
19concerning maternal mental health conditions:
20        (1) Licensed health care professionals providing
21    prenatal care to women shall provide education to women
22    and, if possible and with permission, to their families
23    about maternal mental health conditions in accordance with
24    the formal opinions and recommendations of the American
25    College of Obstetricians and Gynecologists.



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1        (2) Upon the Department of Human Services providing
2    written information to birthing hospitals, all birthing
3    hospitals shall provide new mothers, prior to discharge
4    following childbirth, and, if possible, shall provide
5    fathers and other family members with complete information
6    about maternal mental health conditions, including their
7    symptoms, methods of coping with the illness, treatment
8    resources, post-hospital treatment options, and community
9    resources. Hospitals shall supplement the resources
10    provided by the Department to include relevant resources
11    offered by the hospital, in the region, or community in
12    which the birthing hospital is located, if available.
13    Resources may be provided in an electronic format such as
14    website links or QR Codes.
15        (3) Licensed health care professionals providing
16    prenatal care at a prenatal visit shall invite each
17    pregnant patient to complete a questionnaire and shall
18    review the completed questionnaire in accordance with the
19    formal opinions and recommendations of the American
20    College of Obstetricians and Gynecologists. Assessment for
21    maternal mental health conditions must be repeated when,
22    in the professional judgment of the licensed health care
23    professional, a reasonable possibility exists that the
24    woman suffers from a maternal mental health condition.
25        (4) Licensed health care professionals providing
26    postnatal care to women shall invite each patient to



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1    complete a questionnaire and shall review the completed
2    questionnaire in accordance with the formal opinions and
3    recommendations of the American College of Obstetricians
4    and Gynecologists.
5        (5) Licensed health care professionals providing
6    pediatric care to an infant shall invite the infant's
7    mother to complete a questionnaire at any well-baby
8    check-up at which the mother is present prior to the
9    infant's first birthday, and shall review the completed
10    questionnaire in accordance with the formal opinions and
11    recommendations of the American College of Obstetricians
12    and Gynecologists, in order to ensure that the health and
13    well-being of the infant are not compromised by an
14    undiagnosed maternal mental health condition in the
15    mother. In order to share results from an assessment with
16    the mother's primary licensed health care professional,
17    consent should be obtained from the mother in accordance
18    with the Illinois Health Insurance Portability and
19    Accountability Act. If the mother is determined to present
20    an acute danger to herself or someone else, consent is not
21    required.
22    (405 ILCS 120/15)
23    Sec. 15. Educational materials about maternal mental
24health conditions. The Department, in conjunction with the
25Department of Healthcare and Family Services, the Department



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1of Public Health, and the Department of Financial and
2Professional Regulation, shall develop educational materials
3for health care professionals and patients about maternal
4mental health conditions. Health care professionals or
5organizations representing health care professionals with
6expertise in the treatment of maternal mental health
7conditions shall be consulted in the development of the
8educational materials. A birthing hospital shall, on or before
9January 1, 2026 2021, distribute these materials to employees
10regularly assigned to work with pregnant or postpartum women
11and incorporate these materials in any employee training that
12is related to patient care of pregnant or postpartum women. A
13birthing hospital shall supplement the materials provided by
14the Department to include relevant resources to the region or
15community in which the birthing hospital is located. The
16educational materials developed under this Section shall
17include all of the following:
18        (1) Information for postpartum women and families
19    about maternal mental health conditions, post-hospital
20    treatment options, and community resources.
21        (1) (2) Information for hospital employees regularly
22    assigned to work in the perinatal unit, including, as
23    appropriate, registered nurses and social workers, about
24    maternal mental health conditions.
25        (2) (3) Any other service the birthing hospital
26    determines should be included in the program to provide



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1    optimal patient care.
2(Source: P.A. 101-512, eff. 1-1-20.)
3    Section 20. The Illinois Controlled Substances Act is
4amended by changing Sections 100, 102, 201, 203, 205, 207,
5208, 209, 210, 211, 216, 312, 313, 318, 320, 410, 411.2, 413,
6504, 508, and 509 as follows:
7    (720 ILCS 570/100)  (from Ch. 56 1/2, par. 1100)
8    Sec. 100. Legislative intent. It is the intent of the
9General Assembly, recognizing the rising incidence in the
10misuse abuse of drugs and other dangerous substances and its
11resultant damage to the peace, health, and welfare of the
12citizens of Illinois, to provide a system of control over the
13distribution and use of controlled substances which will more
14effectively: (1) limit access of such substances only to those
15persons who have demonstrated an appropriate sense of
16responsibility and have a lawful and legitimate reason to
17possess them; (2) deter the unlawful and destructive misuse
18abuse of controlled substances; (3) penalize most heavily the
19illicit traffickers or profiteers of controlled substances,
20who propagate and perpetuate the misuse abuse of such
21substances with reckless disregard for its consumptive
22consequences upon every element of society; (4) acknowledge
23the functional and consequential differences between the
24various types of controlled substances and provide for



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1correspondingly different degrees of control over each of the
2various types; (5) unify where feasible and codify the efforts
3of this State to conform with the regulatory systems of the
4Federal government; and (6) provide law enforcement
5authorities with the necessary resources to make this system
7    It is not the intent of the General Assembly to treat the
8unlawful user or occasional petty distributor of controlled
9substances with the same severity as the large-scale, unlawful
10purveyors and traffickers of controlled substances. However,
11it is recognized that persons who violate this Act with
12respect to the manufacture, delivery, possession with intent
13to deliver, or possession of more than one type of controlled
14substance listed herein may accordingly receive multiple
15convictions and sentences under each Section of this Act. To
16this end, guidelines have been provided, along with a wide
17latitude in sentencing discretion, to enable the sentencing
18court to order penalties in each case which are appropriate
19for the purposes of this Act.
20(Source: P.A. 97-334, eff. 1-1-12.)
21    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
22    Sec. 102. Definitions. As used in this Act, unless the
23context otherwise requires:
24    (a) "Person with a substance use disorder Addict" means
25any person who has a substance use disorder diagnosis defined



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1as a spectrum of persistent and recurring problematic behavior
2that encompasses 10 separate classes of drugs: alcohol;
3caffeine; cannabis; hallucinogens; inhalants; opioids;
4sedatives, hypnotics and anxiolytics; stimulants; and tobacco;
5and other unknown substances leading to clinically significant
6impairment or distress habitually uses any drug, chemical,
7substance or dangerous drug other than alcohol so as to
8endanger the public morals, health, safety or welfare or who
9is so far addicted to the use of a dangerous drug or controlled
10substance other than alcohol as to have lost the power of self
11control with reference to his or her addiction.
12    (b) "Administer" means the direct application of a
13controlled substance, whether by injection, inhalation,
14ingestion, or any other means, to the body of a patient,
15research subject, or animal (as defined by the Humane
16Euthanasia in Animal Shelters Act) by:
17        (1) a practitioner (or, in his or her presence, by his
18    or her authorized agent),
19        (2) the patient or research subject pursuant to an
20    order, or
21        (3) a euthanasia technician as defined by the Humane
22    Euthanasia in Animal Shelters Act.
23    (c) "Agent" means an authorized person who acts on behalf
24of or at the direction of a manufacturer, distributor,
25dispenser, prescriber, or practitioner. It does not include a
26common or contract carrier, public warehouseman or employee of



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1the carrier or warehouseman.
2    (c-1) "Anabolic Steroids" means any drug or hormonal
3substance, chemically and pharmacologically related to
4testosterone (other than estrogens, progestins,
5corticosteroids, and dehydroepiandrosterone), and includes:
6    (i) 3[beta],17-dihydroxy-5a-androstane, 
7    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
8    (iii) 5[alpha]-androstan-3,17-dione, 
9    (iv) 1-androstenediol (3[beta], 
10        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
11    (v) 1-androstenediol (3[alpha], 
12        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
13    (vi) 4-androstenediol  
14        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
15    (vii) 5-androstenediol  
16        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
17    (viii) 1-androstenedione  
18        ([5alpha]-androst-1-en-3,17-dione), 
19    (ix) 4-androstenedione  
20        (androst-4-en-3,17-dione), 
21    (x) 5-androstenedione  
22        (androst-5-en-3,17-dione), 
23    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
24        hydroxyandrost-4-en-3-one), 
25    (xii) boldenone (17[beta]-hydroxyandrost- 
26        1,4,-diene-3-one), 



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1    (xiii) boldione (androsta-1,4- 
2        diene-3,17-dione), 
3    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
4        [beta]-hydroxyandrost-4-en-3-one), 
5    (xv) clostebol (4-chloro-17[beta]- 
6        hydroxyandrost-4-en-3-one), 
7    (xvi) dehydrochloromethyltestosterone (4-chloro- 
8        17[beta]-hydroxy-17[alpha]-methyl- 
9        androst-1,4-dien-3-one), 
10    (xvii) desoxymethyltestosterone 
11    (17[alpha]-methyl-5[alpha] 
12        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
13    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
14        '1-testosterone') (17[beta]-hydroxy- 
15        5[alpha]-androst-1-en-3-one), 
16    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
17        androstan-3-one), 
18    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
19        5[alpha]-androstan-3-one), 
20    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
21        hydroxyestr-4-ene), 
22    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
23        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
24    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
25        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
26    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 



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1        hydroxyandrostano[2,3-c]-furazan), 
2    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, 
3    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
4        androst-4-en-3-one), 
5    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
6        dihydroxy-estr-4-en-3-one), 
7    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
8        hydroxy-5-androstan-3-one), 
9    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
10        [5a]-androstan-3-one), 
11    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
12        hydroxyandrost-1,4-dien-3-one), 
13    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
14        dihydroxyandrost-5-ene), 
15    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
16        5[alpha]-androst-1-en-3-one), 
17    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
18        dihydroxy-5a-androstane, 
19    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
20        -5a-androstane, 
21    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
22        dihydroxyandrost-4-ene), 
23    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
24        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
25    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
26        hydroxyestra-4,9(10)-dien-3-one), 



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1    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
2        hydroxyestra-4,9-11-trien-3-one), 
3    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
4        hydroxyandrost-4-en-3-one), 
5    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
6        hydroxyestr-4-en-3-one), 
7    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
8        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
9        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
10        1-testosterone'), 
11    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
12    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
13        dihydroxyestr-4-ene), 
14    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
15        dihydroxyestr-4-ene), 
16    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
17        dihydroxyestr-5-ene), 
18    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
19        dihydroxyestr-5-ene), 
20    (xlvii) 19-nor-4,9(10)-androstadienedione  
21        (estra-4,9(10)-diene-3,17-dione), 
22    (xlviii) 19-nor-4-androstenedione (estr-4- 
23        en-3,17-dione), 
24    (xlix) 19-nor-5-androstenedione (estr-5- 
25        en-3,17-dione), 
26    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 



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1        hydroxygon-4-en-3-one), 
2    (li) norclostebol (4-chloro-17[beta]- 
3        hydroxyestr-4-en-3-one), 
4    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
5        hydroxyestr-4-en-3-one), 
6    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
7        hydroxyestr-4-en-3-one), 
8    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
9        2-oxa-5[alpha]-androstan-3-one), 
10    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
11        dihydroxyandrost-4-en-3-one), 
12    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
13        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
14    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
15        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
16    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
17        (5[alpha]-androst-1-en-3-one), 
18    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
19        secoandrosta-1,4-dien-17-oic 
20        acid lactone), 
21    (lx) testosterone (17[beta]-hydroxyandrost- 
22        4-en-3-one), 
23    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
24        diethyl-17[beta]-hydroxygon- 
25        4,9,11-trien-3-one), 
26    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 



SB0647 Enrolled- 20 -LRB103 03100 RJT 48106 b

1        11-trien-3-one). 
2    Any person who is otherwise lawfully in possession of an
3anabolic steroid, or who otherwise lawfully manufactures,
4distributes, dispenses, delivers, or possesses with intent to
5deliver an anabolic steroid, which anabolic steroid is
6expressly intended for and lawfully allowed to be administered
7through implants to livestock or other nonhuman species, and
8which is approved by the Secretary of Health and Human
9Services for such administration, and which the person intends
10to administer or have administered through such implants,
11shall not be considered to be in unauthorized possession or to
12unlawfully manufacture, distribute, dispense, deliver, or
13possess with intent to deliver such anabolic steroid for
14purposes of this Act.
15    (d) "Administration" means the Drug Enforcement
16Administration, United States Department of Justice, or its
17successor agency.
18    (d-5) "Clinical Director, Prescription Monitoring Program"
19means a Department of Human Services administrative employee
20licensed to either prescribe or dispense controlled substances
21who shall run the clinical aspects of the Department of Human
22Services Prescription Monitoring Program and its Prescription
23Information Library.
24    (d-10) "Compounding" means the preparation and mixing of
25components, excluding flavorings, (1) as the result of a
26prescriber's prescription drug order or initiative based on



SB0647 Enrolled- 21 -LRB103 03100 RJT 48106 b

1the prescriber-patient-pharmacist relationship in the course
2of professional practice or (2) for the purpose of, or
3incident to, research, teaching, or chemical analysis and not
4for sale or dispensing. "Compounding" includes the preparation
5of drugs or devices in anticipation of receiving prescription
6drug orders based on routine, regularly observed dispensing
7patterns. Commercially available products may be compounded
8for dispensing to individual patients only if both of the
9following conditions are met: (i) the commercial product is
10not reasonably available from normal distribution channels in
11a timely manner to meet the patient's needs and (ii) the
12prescribing practitioner has requested that the drug be
14    (e) "Control" means to add a drug or other substance, or
15immediate precursor, to a Schedule whether by transfer from
16another Schedule or otherwise.
17    (f) "Controlled Substance" means (i) a drug, substance,
18immediate precursor, or synthetic drug in the Schedules of
19Article II of this Act or (ii) a drug or other substance, or
20immediate precursor, designated as a controlled substance by
21the Department through administrative rule. The term does not
22include distilled spirits, wine, malt beverages, or tobacco,
23as those terms are defined or used in the Liquor Control Act of
241934 and the Tobacco Products Tax Act of 1995.
25    (f-5) "Controlled substance analog" means a substance:
26        (1) the chemical structure of which is substantially



SB0647 Enrolled- 22 -LRB103 03100 RJT 48106 b

1    similar to the chemical structure of a controlled
2    substance in Schedule I or II;
3        (2) which has a stimulant, depressant, or
4    hallucinogenic effect on the central nervous system that
5    is substantially similar to or greater than the stimulant,
6    depressant, or hallucinogenic effect on the central
7    nervous system of a controlled substance in Schedule I or
8    II; or
9        (3) with respect to a particular person, which such
10    person represents or intends to have a stimulant,
11    depressant, or hallucinogenic effect on the central
12    nervous system that is substantially similar to or greater
13    than the stimulant, depressant, or hallucinogenic effect
14    on the central nervous system of a controlled substance in
15    Schedule I or II.
16    (g) "Counterfeit substance" means a controlled substance,
17which, or the container or labeling of which, without
18authorization bears the trademark, trade name, or other
19identifying mark, imprint, number or device, or any likeness
20thereof, of a manufacturer, distributor, or dispenser other
21than the person who in fact manufactured, distributed, or
22dispensed the substance.
23    (h) "Deliver" or "delivery" means the actual, constructive
24or attempted transfer of possession of a controlled substance,
25with or without consideration, whether or not there is an
26agency relationship. "Deliver" or "delivery" does not include



SB0647 Enrolled- 23 -LRB103 03100 RJT 48106 b

1the donation of drugs to the extent permitted under the
2Illinois Drug Reuse Opportunity Program Act.
3    (i) "Department" means the Illinois Department of Human
4Services (as successor to the Department of Alcoholism and
5Substance Abuse) or its successor agency.
6    (j) (Blank).
7    (k) "Department of Corrections" means the Department of
8Corrections of the State of Illinois or its successor agency.
9    (l) "Department of Financial and Professional Regulation"
10means the Department of Financial and Professional Regulation
11of the State of Illinois or its successor agency.
12    (m) "Depressant" means any drug that (i) causes an overall
13depression of central nervous system functions, (ii) causes
14impaired consciousness and awareness, and (iii) can be
15habit-forming or lead to a substance misuse or substance use
16disorder abuse problem, including, but not limited to,
17alcohol, cannabis and its active principles and their analogs,
18benzodiazepines and their analogs, barbiturates and their
19analogs, opioids (natural and synthetic) and their analogs,
20and chloral hydrate and similar sedative hypnotics.
21    (n) (Blank).
22    (o) "Director" means the Director of the Illinois State
23Police or his or her designated agents.
24    (p) "Dispense" means to deliver a controlled substance to
25an ultimate user or research subject by or pursuant to the
26lawful order of a prescriber, including the prescribing,



SB0647 Enrolled- 24 -LRB103 03100 RJT 48106 b

1administering, packaging, labeling, or compounding necessary
2to prepare the substance for that delivery.
3    (q) "Dispenser" means a practitioner who dispenses.
4    (r) "Distribute" means to deliver, other than by
5administering or dispensing, a controlled substance.
6    (s) "Distributor" means a person who distributes.
7    (t) "Drug" means (1) substances recognized as drugs in the
8official United States Pharmacopoeia, Official Homeopathic
9Pharmacopoeia of the United States, or official National
10Formulary, or any supplement to any of them; (2) substances
11intended for use in diagnosis, cure, mitigation, treatment, or
12prevention of disease in man or animals; (3) substances (other
13than food) intended to affect the structure of any function of
14the body of man or animals and (4) substances intended for use
15as a component of any article specified in clause (1), (2), or
16(3) of this subsection. It does not include devices or their
17components, parts, or accessories.
18    (t-3) "Electronic health record" or "EHR" means an
19electronic record of health-related information on an
20individual that is created, gathered, managed, and consulted
21by authorized health care clinicians and staff.
22    (t-3.5) "Electronic health record system" or "EHR system"
23means any computer-based system or combination of federally
24certified Health IT Modules (defined at 42 CFR 170.102 or its
25successor) used as a repository for electronic health records
26and accessed or updated by a prescriber or authorized



SB0647 Enrolled- 25 -LRB103 03100 RJT 48106 b

1surrogate in the ordinary course of his or her medical
2practice. For purposes of connecting to the Prescription
3Information Library maintained by the Bureau of Pharmacy and
4Clinical Support Systems or its successor, an EHR system may
5connect to the Prescription Information Library directly or
6through all or part of a computer program or system that is a
7federally certified Health IT Module maintained by a third
8party and used by the EHR system to secure access to the
10    (t-4) "Emergency medical services personnel" has the
11meaning ascribed to it in the Emergency Medical Services (EMS)
12Systems Act.
13    (t-5) "Euthanasia agency" means an entity certified by the
14Department of Financial and Professional Regulation for the
15purpose of animal euthanasia that holds an animal control
16facility license or animal shelter license under the Animal
17Welfare Act. A euthanasia agency is authorized to purchase,
18store, possess, and utilize Schedule II nonnarcotic and
19Schedule III nonnarcotic drugs for the sole purpose of animal
21    (t-10) "Euthanasia drugs" means Schedule II or Schedule
22III substances (nonnarcotic controlled substances) that are
23used by a euthanasia agency for the purpose of animal
25    (u) "Good faith" means the prescribing or dispensing of a
26controlled substance by a practitioner in the regular course



SB0647 Enrolled- 26 -LRB103 03100 RJT 48106 b

1of professional treatment to or for any person who is under his
2or her treatment for a pathology or condition other than that
3individual's physical or psychological dependence upon or
4addiction to a controlled substance, except as provided
5herein: and application of the term to a pharmacist shall mean
6the dispensing of a controlled substance pursuant to the
7prescriber's order which in the professional judgment of the
8pharmacist is lawful. The pharmacist shall be guided by
9accepted professional standards, including, but not limited
10to, the following, in making the judgment:
11        (1) lack of consistency of prescriber-patient
12    relationship,
13        (2) frequency of prescriptions for same drug by one
14    prescriber for large numbers of patients,
15        (3) quantities beyond those normally prescribed,
16        (4) unusual dosages (recognizing that there may be
17    clinical circumstances where more or less than the usual
18    dose may be used legitimately),
19        (5) unusual geographic distances between patient,
20    pharmacist and prescriber,
21        (6) consistent prescribing of habit-forming drugs.
22    (u-0.5) "Hallucinogen" means a drug that causes markedly
23altered sensory perception leading to hallucinations of any
25    (u-1) "Home infusion services" means services provided by
26a pharmacy in compounding solutions for direct administration



SB0647 Enrolled- 27 -LRB103 03100 RJT 48106 b

1to a patient in a private residence, long-term care facility,
2or hospice setting by means of parenteral, intravenous,
3intramuscular, subcutaneous, or intraspinal infusion.
4    (u-5) "Illinois State Police" means the Illinois State
5Police or its successor agency.
6    (v) "Immediate precursor" means a substance:
7        (1) which the Department has found to be and by rule
8    designated as being a principal compound used, or produced
9    primarily for use, in the manufacture of a controlled
10    substance;
11        (2) which is an immediate chemical intermediary used
12    or likely to be used in the manufacture of such controlled
13    substance; and
14        (3) the control of which is necessary to prevent,
15    curtail or limit the manufacture of such controlled
16    substance.
17    (w) "Instructional activities" means the acts of teaching,
18educating or instructing by practitioners using controlled
19substances within educational facilities approved by the State
20Board of Education or its successor agency.
21    (x) "Local authorities" means a duly organized State,
22County or Municipal peace unit or police force.
23    (y) "Look-alike substance" means a substance, other than a
24controlled substance which (1) by overall dosage unit
25appearance, including shape, color, size, markings or lack
26thereof, taste, consistency, or any other identifying physical



SB0647 Enrolled- 28 -LRB103 03100 RJT 48106 b

1characteristic of the substance, would lead a reasonable
2person to believe that the substance is a controlled
3substance, or (2) is expressly or impliedly represented to be
4a controlled substance or is distributed under circumstances
5which would lead a reasonable person to believe that the
6substance is a controlled substance. For the purpose of
7determining whether the representations made or the
8circumstances of the distribution would lead a reasonable
9person to believe the substance to be a controlled substance
10under this clause (2) of subsection (y), the court or other
11authority may consider the following factors in addition to
12any other factor that may be relevant:
13        (a) statements made by the owner or person in control
14    of the substance concerning its nature, use or effect;
15        (b) statements made to the buyer or recipient that the
16    substance may be resold for profit;
17        (c) whether the substance is packaged in a manner
18    normally used for the illegal distribution of controlled
19    substances;
20        (d) whether the distribution or attempted distribution
21    included an exchange of or demand for money or other
22    property as consideration, and whether the amount of the
23    consideration was substantially greater than the
24    reasonable retail market value of the substance.
25    Clause (1) of this subsection (y) shall not apply to a
26noncontrolled substance in its finished dosage form that was



SB0647 Enrolled- 29 -LRB103 03100 RJT 48106 b

1initially introduced into commerce prior to the initial
2introduction into commerce of a controlled substance in its
3finished dosage form which it may substantially resemble.
4    Nothing in this subsection (y) prohibits the dispensing or
5distributing of noncontrolled substances by persons authorized
6to dispense and distribute controlled substances under this
7Act, provided that such action would be deemed to be carried
8out in good faith under subsection (u) if the substances
9involved were controlled substances.
10    Nothing in this subsection (y) or in this Act prohibits
11the manufacture, preparation, propagation, compounding,
12processing, packaging, advertising or distribution of a drug
13or drugs by any person registered pursuant to Section 510 of
14the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
15    (y-1) "Mail-order pharmacy" means a pharmacy that is
16located in a state of the United States that delivers,
17dispenses or distributes, through the United States Postal
18Service or other common carrier, to Illinois residents, any
19substance which requires a prescription.
20    (z) "Manufacture" means the production, preparation,
21propagation, compounding, conversion or processing of a
22controlled substance other than methamphetamine, either
23directly or indirectly, by extraction from substances of
24natural origin, or independently by means of chemical
25synthesis, or by a combination of extraction and chemical
26synthesis, and includes any packaging or repackaging of the



SB0647 Enrolled- 30 -LRB103 03100 RJT 48106 b

1substance or labeling of its container, except that this term
2does not include:
3        (1) by an ultimate user, the preparation or
4    compounding of a controlled substance for his or her own
5    use;
6        (2) by a practitioner, or his or her authorized agent
7    under his or her supervision, the preparation,
8    compounding, packaging, or labeling of a controlled
9    substance:
10            (a) as an incident to his or her administering or
11        dispensing of a controlled substance in the course of
12        his or her professional practice; or
13            (b) as an incident to lawful research, teaching or
14        chemical analysis and not for sale; or
15        (3) the packaging, repackaging, or labeling of drugs
16    only to the extent permitted under the Illinois Drug Reuse
17    Opportunity Program Act.
18    (z-1) (Blank).
19    (z-5) "Medication shopping" means the conduct prohibited
20under subsection (a) of Section 314.5 of this Act.
21    (z-10) "Mid-level practitioner" means (i) a physician
22assistant who has been delegated authority to prescribe
23through a written delegation of authority by a physician
24licensed to practice medicine in all of its branches, in
25accordance with Section 7.5 of the Physician Assistant
26Practice Act of 1987, (ii) an advanced practice registered



SB0647 Enrolled- 31 -LRB103 03100 RJT 48106 b

1nurse who has been delegated authority to prescribe through a
2written delegation of authority by a physician licensed to
3practice medicine in all of its branches or by a podiatric
4physician, in accordance with Section 65-40 of the Nurse
5Practice Act, (iii) an advanced practice registered nurse
6certified as a nurse practitioner, nurse midwife, or clinical
7nurse specialist who has been granted authority to prescribe
8by a hospital affiliate in accordance with Section 65-45 of
9the Nurse Practice Act, (iv) an animal euthanasia agency, or
10(v) a prescribing psychologist.
11    (aa) "Narcotic drug" means any of the following, whether
12produced directly or indirectly by extraction from substances
13of vegetable origin, or independently by means of chemical
14synthesis, or by a combination of extraction and chemical
16        (1) opium, opiates, derivatives of opium and opiates,
17    including their isomers, esters, ethers, salts, and salts
18    of isomers, esters, and ethers, whenever the existence of
19    such isomers, esters, ethers, and salts is possible within
20    the specific chemical designation; however the term
21    "narcotic drug" does not include the isoquinoline
22    alkaloids of opium;
23        (2) (blank);
24        (3) opium poppy and poppy straw;
25        (4) coca leaves, except coca leaves and extracts of
26    coca leaves from which substantially all of the cocaine



SB0647 Enrolled- 32 -LRB103 03100 RJT 48106 b

1    and ecgonine, and their isomers, derivatives and salts,
2    have been removed;
3        (5) cocaine, its salts, optical and geometric isomers,
4    and salts of isomers;
5        (6) ecgonine, its derivatives, their salts, isomers,
6    and salts of isomers;
7        (7) any compound, mixture, or preparation which
8    contains any quantity of any of the substances referred to
9    in subparagraphs (1) through (6).
10    (bb) "Nurse" means a registered nurse licensed under the
11Nurse Practice Act.
12    (cc) (Blank).
13    (dd) "Opiate" means a drug derived from or related to
14opium any substance having an addiction forming or addiction
15sustaining liability similar to morphine or being capable of
16conversion into a drug having addiction forming or addiction
17sustaining liability.
18    (ee) "Opium poppy" means the plant of the species Papaver
19somniferum L., except its seeds.
20    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
21solution or other liquid form of medication intended for
22administration by mouth, but the term does not include a form
23of medication intended for buccal, sublingual, or transmucosal
25    (ff) "Parole and Pardon Board" means the Parole and Pardon
26Board of the State of Illinois or its successor agency.



SB0647 Enrolled- 33 -LRB103 03100 RJT 48106 b

1    (gg) "Person" means any individual, corporation,
2mail-order pharmacy, government or governmental subdivision or
3agency, business trust, estate, trust, partnership or
4association, or any other entity.
5    (hh) "Pharmacist" means any person who holds a license or
6certificate of registration as a registered pharmacist, a
7local registered pharmacist or a registered assistant
8pharmacist under the Pharmacy Practice Act.
9    (ii) "Pharmacy" means any store, ship or other place in
10which pharmacy is authorized to be practiced under the
11Pharmacy Practice Act.
12    (ii-5) "Pharmacy shopping" means the conduct prohibited
13under subsection (b) of Section 314.5 of this Act.
14    (ii-10) "Physician" (except when the context otherwise
15requires) means a person licensed to practice medicine in all
16of its branches.
17    (jj) "Poppy straw" means all parts, except the seeds, of
18the opium poppy, after mowing.
19    (kk) "Practitioner" means a physician licensed to practice
20medicine in all its branches, dentist, optometrist, podiatric
21physician, veterinarian, scientific investigator, pharmacist,
22physician assistant, advanced practice registered nurse,
23licensed practical nurse, registered nurse, emergency medical
24services personnel, hospital, laboratory, or pharmacy, or
25other person licensed, registered, or otherwise lawfully
26permitted by the United States or this State to distribute,



SB0647 Enrolled- 34 -LRB103 03100 RJT 48106 b

1dispense, conduct research with respect to, administer or use
2in teaching or chemical analysis, a controlled substance in
3the course of professional practice or research.
4    (ll) "Pre-printed prescription" means a written
5prescription upon which the designated drug has been indicated
6prior to the time of issuance; the term does not mean a written
7prescription that is individually generated by machine or
8computer in the prescriber's office.
9    (mm) "Prescriber" means a physician licensed to practice
10medicine in all its branches, dentist, optometrist,
11prescribing psychologist licensed under Section 4.2 of the
12Clinical Psychologist Licensing Act with prescriptive
13authority delegated under Section 4.3 of the Clinical
14Psychologist Licensing Act, podiatric physician, or
15veterinarian who issues a prescription, a physician assistant
16who issues a prescription for a controlled substance in
17accordance with Section 303.05, a written delegation, and a
18written collaborative agreement required under Section 7.5 of
19the Physician Assistant Practice Act of 1987, an advanced
20practice registered nurse with prescriptive authority
21delegated under Section 65-40 of the Nurse Practice Act and in
22accordance with Section 303.05, a written delegation, and a
23written collaborative agreement under Section 65-35 of the
24Nurse Practice Act, an advanced practice registered nurse
25certified as a nurse practitioner, nurse midwife, or clinical
26nurse specialist who has been granted authority to prescribe



SB0647 Enrolled- 35 -LRB103 03100 RJT 48106 b

1by a hospital affiliate in accordance with Section 65-45 of
2the Nurse Practice Act and in accordance with Section 303.05,
3or an advanced practice registered nurse certified as a nurse
4practitioner, nurse midwife, or clinical nurse specialist who
5has full practice authority pursuant to Section 65-43 of the
6Nurse Practice Act.
7    (nn) "Prescription" means a written, facsimile, or oral
8order, or an electronic order that complies with applicable
9federal requirements, of a physician licensed to practice
10medicine in all its branches, dentist, podiatric physician or
11veterinarian for any controlled substance, of an optometrist
12in accordance with Section 15.1 of the Illinois Optometric
13Practice Act of 1987, of a prescribing psychologist licensed
14under Section 4.2 of the Clinical Psychologist Licensing Act
15with prescriptive authority delegated under Section 4.3 of the
16Clinical Psychologist Licensing Act, of a physician assistant
17for a controlled substance in accordance with Section 303.05,
18a written delegation, and a written collaborative agreement
19required under Section 7.5 of the Physician Assistant Practice
20Act of 1987, of an advanced practice registered nurse with
21prescriptive authority delegated under Section 65-40 of the
22Nurse Practice Act who issues a prescription for a controlled
23substance in accordance with Section 303.05, a written
24delegation, and a written collaborative agreement under
25Section 65-35 of the Nurse Practice Act, of an advanced
26practice registered nurse certified as a nurse practitioner,



SB0647 Enrolled- 36 -LRB103 03100 RJT 48106 b

1nurse midwife, or clinical nurse specialist who has been
2granted authority to prescribe by a hospital affiliate in
3accordance with Section 65-45 of the Nurse Practice Act and in
4accordance with Section 303.05 when required by law, or of an
5advanced practice registered nurse certified as a nurse
6practitioner, nurse midwife, or clinical nurse specialist who
7has full practice authority pursuant to Section 65-43 of the
8Nurse Practice Act.
9    (nn-5) "Prescription Information Library" (PIL) means an
10electronic library that contains reported controlled substance
12    (nn-10) "Prescription Monitoring Program" (PMP) means the
13entity that collects, tracks, and stores reported data on
14controlled substances and select drugs pursuant to Section
16    (oo) "Production" or "produce" means manufacture,
17planting, cultivating, growing, or harvesting of a controlled
18substance other than methamphetamine.
19    (pp) "Registrant" means every person who is required to
20register under Section 302 of this Act.
21    (qq) "Registry number" means the number assigned to each
22person authorized to handle controlled substances under the
23laws of the United States and of this State.
24    (qq-5) "Secretary" means, as the context requires, either
25the Secretary of the Department or the Secretary of the
26Department of Financial and Professional Regulation, and the



SB0647 Enrolled- 37 -LRB103 03100 RJT 48106 b

1Secretary's designated agents.
2    (rr) "State" includes the State of Illinois and any state,
3district, commonwealth, territory, insular possession thereof,
4and any area subject to the legal authority of the United
5States of America.
6    (rr-5) "Stimulant" means any drug that (i) causes an
7overall excitation of central nervous system functions, (ii)
8causes impaired consciousness and awareness, and (iii) can be
9habit-forming or lead to a substance use disorder abuse
10problem, including, but not limited to, amphetamines and their
11analogs, methylphenidate and its analogs, cocaine, and
12phencyclidine and its analogs.
13    (rr-10) "Synthetic drug" includes, but is not limited to,
14any synthetic cannabinoids or piperazines or any synthetic
15cathinones as provided for in Schedule I.
16    (ss) "Ultimate user" means a person who lawfully possesses
17a controlled substance for his or her own use or for the use of
18a member of his or her household or for administering to an
19animal owned by him or her or by a member of his or her
21(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
22102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
23    (720 ILCS 570/201)  (from Ch. 56 1/2, par. 1201)
24    Sec. 201. (a) The Department shall carry out the
25provisions of this Article. The Department or its successor



SB0647 Enrolled- 38 -LRB103 03100 RJT 48106 b

1agency may, by administrative rule, add additional substances
2to or delete or reschedule all controlled substances in the
3Schedules of Sections 204, 206, 208, 210 and 212 of this Act.
4In making a determination regarding the addition, deletion, or
5rescheduling of a substance, the Department shall consider the
7        (1) the actual or relative potential for misuse abuse;
8        (2) the scientific evidence of its pharmacological
9    effect, if known;
10        (3) the state of current scientific knowledge
11    regarding the substance;
12        (4) the history and current pattern of misuse abuse;
13        (5) the scope, duration, and significance of misuse
14    abuse;
15        (6) the risk to the public health;
16        (7) the potential of the substance to produce
17    psychological or physiological dependence or a substance
18    use disorder;
19        (8) whether the substance is an immediate precursor of
20    a substance already controlled under this Article;
21        (9) the immediate harmful effect in terms of
22    potentially fatal dosage; and
23        (10) the long-range effects in terms of permanent
24    health impairment.
25    (b) (Blank).
26    (c) (Blank).



SB0647 Enrolled- 39 -LRB103 03100 RJT 48106 b

1    (d) If any substance is scheduled, rescheduled, or deleted
2as a controlled substance under Federal law and notice thereof
3is given to the Department, the Department shall similarly
4control the substance under this Act after the expiration of
530 days from publication in the Federal Register of a final
6order scheduling a substance as a controlled substance or
7rescheduling or deleting a substance, unless within that 30
8day period the Department objects, or a party adversely
9affected files with the Department substantial written
10objections objecting to inclusion, rescheduling, or deletion.
11In that case, the Department shall publish the reasons for
12objection or the substantial written objections and afford all
13interested parties an opportunity to be heard. At the
14conclusion of the hearing, the Department shall publish its
15decision, by means of a rule, which shall be final unless
16altered by statute. Upon publication of objections by the
17Department, similar control under this Act whether by
18inclusion, rescheduling or deletion is stayed until the
19Department publishes its ruling.
20    (e) (Blank).
21    (f) (Blank).
22    (g) Authority to control under this Section does not
23extend to distilled spirits, wine, malt beverages, or tobacco
24as those terms are defined or used in the Liquor Control Act of
251934 and the Tobacco Products Tax Act of 1995.
26    (h) Persons registered with the Drug Enforcement



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1Administration to manufacture or distribute controlled
2substances shall maintain adequate security and provide
3effective controls and procedures to guard against theft and
4diversion, but shall not otherwise be required to meet the
5physical security control requirements (such as cage or vault)
6for Schedule V controlled substances containing
7pseudoephedrine or Schedule II controlled substances
8containing dextromethorphan.
9(Source: P.A. 97-334, eff. 1-1-12; 98-756, eff. 7-16-14.)
10    (720 ILCS 570/203)  (from Ch. 56 1/2, par. 1203)
11    Sec. 203. The Department, taking into consideration the
12recommendations of its Prescription Monitoring Program
13Advisory Committee, may issue a rule scheduling a substance in
14Schedule I if it finds that:
15        (1) the substance has high potential for misuse abuse;
16    and
17        (2) the substance has no currently accepted medical
18    use in treatment in the United States or lacks accepted
19    safety for use in treatment under medical supervision.
20(Source: P.A. 97-334, eff. 1-1-12.)
21    (720 ILCS 570/205)  (from Ch. 56 1/2, par. 1205)
22    Sec. 205. The Department, taking into consideration the
23recommendations of its Prescription Monitoring Program
24Advisory Committee, may issue a rule scheduling a substance in



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1Schedule II if it finds that:
2        (1) the substance has high potential for misuse abuse;
3        (2) the substance has currently accepted medical use
4    in treatment in the United States, or currently accepted
5    medical use with severe restrictions; and
6        (3) the misuse abuse of the substance may lead to
7    severe psychological or physiological dependence.
8(Source: P.A. 97-334, eff. 1-1-12.)
9    (720 ILCS 570/207)  (from Ch. 56 1/2, par. 1207)
10    Sec. 207. The Department, taking into consideration the
11recommendations of its Prescription Monitoring Program
12Advisory Committee, may issue a rule scheduling a substance in
13Schedule III if it finds that:
14        (1) the substance has a potential for misuse abuse
15    less than the substances listed in Schedule I and II;
16        (2) the substance has currently accepted medical use
17    in treatment in the United States; and
18        (3) misuse abuse of the substance may lead to moderate
19    or low physiological dependence or high psychological
20    dependence.
21(Source: P.A. 97-334, eff. 1-1-12.)
22    (720 ILCS 570/208)  (from Ch. 56 1/2, par. 1208)
23    Sec. 208. (a) The controlled substances listed in this
24Section are included in Schedule III.



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1    (b) Unless specifically excepted or unless listed in
2another schedule, any material, compound, mixture, or
3preparation which contains any quantity of the following
4substances having a stimulant effect on the central nervous
5system, including its salts, isomers (whether optical
6position, or geometric), and salts of such isomers whenever
7the existence of such salts, isomers, and salts of isomers is
8possible within the specific chemical designation;
9        (1) Those compounds, mixtures, or preparations in
10    dosage unit form containing any stimulant substances
11    listed in Schedule II which compounds, mixtures, or
12    preparations were listed on August 25, 1971, as excepted
13    compounds under Title 21, Code of Federal Regulations,
14    Section 308.32, and any other drug of the quantitative
15    composition shown in that list for those drugs or which is
16    the same except that it contains a lesser quantity of
17    controlled substances;
18        (2) Benzphetamine;
19        (3) Chlorphentermine;
20        (4) Clortermine;
21        (5) Phendimetrazine.
22    (c) Unless specifically excepted or unless listed in
23another schedule, any material, compound, mixture, or
24preparation which contains any quantity of the following
25substances having a potential for misuse abuse associated with
26a depressant effect on the central nervous system:



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1        (1) Any compound, mixture, or preparation containing
2    amobarbital, secobarbital, pentobarbital or any salt
3    thereof and one or more other active medicinal ingredients
4    which are not listed in any schedule;
5        (2) Any suppository dosage form containing
6    amobarbital, secobarbital, pentobarbital or any salt of
7    any of these drugs and approved by the Federal Food and
8    Drug Administration for marketing only as a suppository;
9        (3) Any substance which contains any quantity of a
10    derivative of barbituric acid, or any salt thereof:
11        (3.1) Aprobarbital;
12        (3.2) Butabarbital (secbutabarbital);
13        (3.3) Butalbital;
14        (3.4) Butobarbital (butethal);
15        (4) Chlorhexadol;
16        (5) Methyprylon;
17        (6) Sulfondiethylmethane;
18        (7) Sulfonethylmethane;
19        (8) Sulfonmethane;
20        (9) Lysergic acid;
21        (10) Lysergic acid amide;
22        (10.1) Tiletamine or zolazepam or both, or any salt of
23    either of them.
24    Some trade or other names for a tiletamine-zolazepam
25    combination product: Telazol.
26    Some trade or other names for Tiletamine:



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1    2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
2    Some trade or other names for zolazepam:
3    4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
4    [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
5        (11) Any material, compound, mixture or preparation
6    containing not more than 12.5 milligrams of pentazocine or
7    any of its salts, per 325 milligrams of aspirin;
8        (12) Any material, compound, mixture or preparation
9    containing not more than 12.5 milligrams of pentazocine or
10    any of its salts, per 325 milligrams of acetaminophen;
11        (13) Any material, compound, mixture or preparation
12    containing not more than 50 milligrams of pentazocine or
13    any of its salts plus naloxone HCl USP 0.5 milligrams, per
14    dosage unit;
15        (14) Ketamine;
16        (15) Thiopental.
17    (d) Nalorphine.
18    (d.5) Buprenorphine.
19    (e) Unless specifically excepted or unless listed in
20another schedule, any material, compound, mixture, or
21preparation containing limited quantities of any of the
22following narcotic drugs, or their salts calculated as the
23free anhydrous base or alkaloid, as set forth below:
24        (1) not more than 1.8 grams of codeine per 100
25    milliliters or not more than 90 milligrams per dosage
26    unit, with an equal or greater quantity of an isoquinoline



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1    alkaloid of opium;
2        (2) not more than 1.8 grams of codeine per 100
3    milliliters or not more than 90 milligrams per dosage
4    unit, with one or more active non-narcotic ingredients in
5    recognized therapeutic amounts;
6        (3) (blank);
7        (4) (blank);
8        (5) not more than 1.8 grams of dihydrocodeine per 100
9    milliliters or not more than 90 milligrams per dosage
10    unit, with one or more active, non-narcotic ingredients in
11    recognized therapeutic amounts;
12        (6) not more than 300 milligrams of ethylmorphine per
13    100 milliliters or not more than 15 milligrams per dosage
14    unit, with one or more active, non-narcotic ingredients in
15    recognized therapeutic amounts;
16        (7) not more than 500 milligrams of opium per 100
17    milliliters or per 100 grams, or not more than 25
18    milligrams per dosage unit, with one or more active,
19    non-narcotic ingredients in recognized therapeutic
20    amounts;
21        (8) not more than 50 milligrams of morphine per 100
22    milliliters or per 100 grams with one or more active,
23    non-narcotic ingredients in recognized therapeutic
24    amounts.
25    (f) Anabolic steroids, except the following anabolic
26steroids that are exempt:



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1        (1) Androgyn L.A.;
2        (2) Andro-Estro 90-4;
3        (3) depANDROGYN;
4        (4) DEPO-T.E.;
5        (5) depTESTROGEN;
6        (6) Duomone;
7        (7) DURATESTRIN;
8        (8) DUO-SPAN II;
9        (9) Estratest;
10        (10) Estratest H.S.;
11        (11) PAN ESTRA TEST;
12        (12) Premarin with Methyltestosterone;
13        (13) TEST-ESTRO Cypionates;
14        (14) Testosterone Cyp 50 Estradiol Cyp 2;
15        (15) Testosterone Cypionate-Estradiol Cypionate
16    injection; and
17        (16) Testosterone Enanthate-Estradiol Valerate
18    injection.
19    (g) Hallucinogenic substances.
20        (1) Dronabinol (synthetic) in sesame oil and
21    encapsulated in a soft gelatin capsule in a U.S. Food and
22    Drug Administration approved product. Some other names for
23    dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
24    6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or
25    (-)-delta-9-(trans)-tetrahydrocannabinol.
26        (2) (Reserved).



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1    (h) The Department may except by rule any compound,
2mixture, or preparation containing any stimulant or depressant
3substance listed in subsection (b) from the application of all
4or any part of this Act if the compound, mixture, or
5preparation contains one or more active medicinal ingredients
6not having a stimulant or depressant effect on the central
7nervous system, and if the admixtures are included therein in
8combinations, quantity, proportion, or concentration that
9vitiate the potential for misuse abuse of the substances which
10have a stimulant or depressant effect on the central nervous
12(Source: P.A. 100-368, eff. 1-1-18.)
13    (720 ILCS 570/209)  (from Ch. 56 1/2, par. 1209)
14    Sec. 209. The Department, taking into consideration the
15recommendations of its Prescription Monitoring Program
16Advisory Committee, may issue a rule scheduling a substance in
17Schedule IV if it finds that:
18        (1) the substance has a low potential for misuse abuse
19    relative to substances in Schedule III;
20        (2) the substance has currently accepted medical use
21    in treatment in the United States; and
22        (3) misuse abuse of the substance may lead to limited
23    physiological dependence or psychological dependence
24    relative to the substances in Schedule III.
25(Source: P.A. 97-334, eff. 1-1-12.)



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1    (720 ILCS 570/210)  (from Ch. 56 1/2, par. 1210)
2    Sec. 210. (a) The controlled substances listed in this
3Section are included in Schedule IV.
4    (b) Unless specifically excepted or unless listed in
5another schedule, any material, compound, mixture, or
6preparation containing limited quantities of any of the
7following narcotic drugs, or their salts calculated as the
8free anhydrous base or alkaloid, as set forth below:
9        (1) Not more than 1 milligram of difenoxin (DEA Drug
10    Code No. 9618) and not less than 25 micrograms of atropine
11    sulfate per dosage unit.
12        (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
13    2-diphenyl-3-methyl-2-propionoxybutane).
14    (c) Unless specifically excepted or unless listed in
15another schedule, any material, compound, mixture, or
16preparation which contains any quantity of the following
17substances having a potential for misuse abuse associated with
18a depressant effect on the central nervous system:
19        (1) Alprazolam;
20        (2) Barbital;
21        (2.1) Bromazepam;
22        (2.2) Camazepam;
23        (2.3) Carisoprodol;
24        (3) Chloral Betaine;
25        (4) Chloral Hydrate;



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1        (5) Chlordiazepoxide;
2        (5.1) Clobazam;
3        (6) Clonazepam;
4        (7) Clorazepate;
5        (7.1) Clotiazepam;
6        (7.2) Cloxazolam;
7        (7.3) Delorazepam;
8        (8) Diazepam;
9        (8.05) Dichloralphenazone;
10        (8.1) Estazolam;
11        (9) Ethchlorvynol;
12        (10) Ethinamate;
13        (10.1) Ethyl loflazepate;
14        (10.2) Fludiazepam;
15        (10.3) Flunitrazepam;
16        (11) Flurazepam;
17        (11.1) Fospropofol;
18        (12) Halazepam;
19        (12.1) Haloxazolam;
20        (12.2) Ketazolam;
21        (12.3) Loprazolam;
22        (13) Lorazepam;
23        (13.1) Lormetazepam;
24        (14) Mebutamate;
25        (14.1) Medazepam;
26        (15) Meprobamate;



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1        (16) Methohexital;
2        (17) Methylphenobarbital (Mephobarbital);
3        (17.1) Midazolam;
4        (17.2) Nimetazepam;
5        (17.3) Nitrazepam;
6        (17.4) Nordiazepam;
7        (18) Oxazepam;
8        (18.1) Oxazolam;
9        (19) Paraldehyde;
10        (20) Petrichloral;
11        (21) Phenobarbital;
12        (21.1) Pinazepam;
13        (22) Prazepam;
14        (22.1) Quazepam;
15        (23) Temazepam;
16        (23.1) Tetrazepam;
17        (23.2) Tramadol;
18        (24) Triazolam;
19        (24.5) Zaleplon;
20        (25) Zolpidem;
21        (26) Zopiclone.
22    (d) Any material, compound, mixture, or preparation which
23contains any quantity of the following substances, including
24its salts, isomers (whether optical, position, or geometric),
25and salts of such isomers, whenever the existence of such
26salts, isomers and salts of isomers is possible:



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1        (1) Fenfluramine.
2    (e) Unless specifically excepted or unless listed in
3another schedule any material, compound, mixture, or
4preparation which contains any quantity of the following
5substances having a stimulant effect on the central nervous
6system, including its salts, isomers (whether optical,
7position or geometric), and salts of such isomers whenever the
8existence of such salts, isomers, and salts of isomers is
9possible within the specific chemical designation:
10        (1) Cathine ((+)-norpseudoephedrine);
11        (1.1)   Diethylpropion;
12        (1.2) Fencamfamin;
13        (1.3) Fenproporex;
14        (2) Mazindol;
15        (2.1) Mefenorex;
16        (3) Phentermine;
17        (4) Pemoline (including organometallic complexes and
18    chelates thereof);
19        (5) Pipradrol;
20        (6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
21        (7) Modafinil;
22        (8) Sibutramine.
23    (f) Other Substances. Unless specifically excepted or
24unless listed in another schedule, any material, compound,
25mixture, or preparation that contains any quantity of the
26following substance, including its salts:



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1        (1) Butorphanol (including its optical isomers).
2    (g) The Department may except by rule any compound,
3mixture, or preparation containing any depressant substance
4listed in subsection (b) from the application of all or any
5part of this Act if the compound, mixture, or preparation
6contains one or more active medicinal ingredients not having a
7depressant effect on the central nervous system, and if the
8admixtures are included therein in combinations, quantity,
9proportion, or concentration that vitiate the potential for
10misuse abuse of the substances which have a depressant effect
11on the central nervous system.
12    (h) Except as otherwise provided in Section 216, any
13material, compound, mixture, or preparation that contains any
14quantity of the following substance having a stimulant effect
15on the central nervous system, including its salts,
16enantiomers (optical isomers) and salts of enantiomers
17(optical isomers):
18        (1) Ephedrine, its salts, optical isomers and salts of
19    optical isomers.
20(Source: P.A. 97-334, eff. 1-1-12.)
21    (720 ILCS 570/211)  (from Ch. 56 1/2, par. 1211)
22    Sec. 211. The Department, taking into consideration the
23recommendations of its Prescription Monitoring Program
24Advisory Committee, may issue a rule scheduling a substance in
25Schedule V if it finds that:



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1        (1) the substance has low potential for misuse abuse
2    relative to the controlled substances listed in Schedule
3    IV;
4        (2) the substance has currently accepted medical use
5    in treatment in the United States; and
6        (3) misuse abuse of the substance may lead to limited
7    physiological dependence or psychological dependence
8    relative to the substances in Schedule IV, or the
9    substance is a targeted methamphetamine precursor as
10    defined in the Methamphetamine Precursor Control Act.
11(Source: P.A. 97-334, eff. 1-1-12.)
12    (720 ILCS 570/216)
13    Sec. 216. Ephedrine.
14    (a) The following drug products containing ephedrine, its
15salts, optical isomers and salts of optical isomers shall be
16exempt from the application of Sections 312 and 313 of this Act
17if they: (i) may lawfully be sold over-the-counter without a
18prescription under the Federal Food, Drug, and Cosmetic Act;
19(ii) are labeled and marketed in a manner consistent with
20Section 341.76 of Title 21 of the Code of Federal Regulations;
21(iii) are manufactured and distributed for legitimate
22medicinal use in a manner that reduces or eliminates the
23likelihood of abuse; and (iv) are not marketed, advertised, or
24labeled for the indications of stimulation, mental alertness,
25weight loss, muscle enhancement, appetite control, or energy:



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1        (1) Solid oral dosage forms, including soft gelatin
2    caplets, which are formulated pursuant to 21 CFR 341 or
3    its successor, and packaged in blister packs of not more
4    than 2 tablets per blister.
5        (2) Anorectal preparations containing not more than 5%
6    ephedrine.
7    (b) The marketing, advertising, or labeling of any product
8containing ephedrine, a salt of ephedrine, an optical isomer
9of ephedrine, or a salt of an optical isomer of ephedrine, for
10the indications of stimulation, mental alertness, weight loss,
11appetite control, or energy, is prohibited. In determining
12compliance with this requirement the Department may consider
13the following factors:
14        (1) The packaging of the drug product;
15        (2) The name and labeling of the product;
16        (3) The manner of distribution, advertising, and
17    promotion of the product;
18        (4) Verbal representations made concerning the
19    product;
20        (5) The duration, scope, and significance of abuse or
21    misuse of the particular product.
22    (c) A violation of this Section is a Class A misdemeanor. A
23second or subsequent violation of this Section is a Class 4
25    (d) This Section does not apply to dietary supplements,
26herbs, or other natural products, including concentrates or



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1extracts, which:
2        (1) are not otherwise prohibited by law; and
3        (2) may contain naturally occurring ephedrine,
4    ephedrine alkaloids, or pseudoephedrine, or their salts,
5    isomers, or salts of isomers, or a combination of these
6    substances, that:
7            (i) are contained in a matrix of organic material;
8        and
9            (ii) do not exceed 15% of the total weight of the
10        natural product.
11    (e) Nothing in this Section limits the scope or terms of
12the Methamphetamine Precursor Control Act.
13(Source: P.A. 94-694, eff. 1-15-06.)
14    (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)
15    Sec. 312. Requirements for dispensing controlled
17    (a) A practitioner, in good faith, may dispense a Schedule
18II controlled substance, which is a narcotic drug listed in
19Section 206 of this Act; or which contains any quantity of
20amphetamine or methamphetamine, their salts, optical isomers
21or salts of optical isomers; phenmetrazine and its salts; or
22pentazocine; and Schedule III, IV, or V controlled substances
23to any person upon a written or electronic prescription of any
24prescriber, dated and signed by the person prescribing (or
25electronically validated in compliance with Section 311.5) on



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1the day when issued and bearing the name and address of the
2patient for whom, or the owner of the animal for which the
3controlled substance is dispensed, and the full name, address
4and registry number under the laws of the United States
5relating to controlled substances of the prescriber, if he or
6she is required by those laws to be registered. If the
7prescription is for an animal it shall state the species of
8animal for which it is ordered. The practitioner filling the
9prescription shall, unless otherwise permitted, write the date
10of filling and his or her own signature on the face of the
11written prescription or, alternatively, shall indicate such
12filling using a unique identifier as defined in paragraph (v)
13of Section 3 of the Pharmacy Practice Act. The written
14prescription shall be retained on file by the practitioner who
15filled it or pharmacy in which the prescription was filled for
16a period of 2 years, so as to be readily accessible for
17inspection or removal by any officer or employee engaged in
18the enforcement of this Act. Whenever the practitioner's or
19pharmacy's copy of any prescription is removed by an officer
20or employee engaged in the enforcement of this Act, for the
21purpose of investigation or as evidence, such officer or
22employee shall give to the practitioner or pharmacy a receipt
23in lieu thereof. If the specific prescription is machine or
24computer generated and printed at the prescriber's office, the
25date does not need to be handwritten. A prescription for a
26Schedule II controlled substance shall not be issued for more



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1than a 30 day supply, except as provided in subsection (a-5),
2and shall be valid for up to 90 days after the date of
3issuance. A written prescription for Schedule III, IV or V
4controlled substances shall not be filled or refilled more
5than 6 months after the date thereof or refilled more than 5
6times unless renewed, in writing, by the prescriber. A
7pharmacy shall maintain a policy regarding the type of
8identification necessary, if any, to receive a prescription in
9accordance with State and federal law. The pharmacy must post
10such information where prescriptions are filled.
11    (a-5) Physicians may issue multiple prescriptions (3
12sequential 30-day supplies) for the same Schedule II
13controlled substance, authorizing up to a 90-day supply.
14Before authorizing a 90-day supply of a Schedule II controlled
15substance, the physician must meet the following conditions:
16        (1) Each separate prescription must be issued for a
17    legitimate medical purpose by an individual physician
18    acting in the usual course of professional practice.
19        (2) The individual physician must provide written
20    instructions on each prescription (other than the first
21    prescription, if the prescribing physician intends for the
22    prescription to be filled immediately) indicating the
23    earliest date on which a pharmacy may fill that
24    prescription.
25        (3) The physician shall document in the medical record
26    of a patient the medical necessity for the amount and



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1    duration of the 3 sequential 30-day prescriptions for
2    Schedule II narcotics.
3    (a-10) Prescribers who issue a prescription for an opioid
4shall inform the patient that opioids are addictive and that
5opioid antagonists are available by prescription or from a
7    (b) In lieu of a written prescription required by this
8Section, a pharmacist, in good faith, may dispense Schedule
9III, IV, or V substances to any person either upon receiving a
10facsimile of a written, signed prescription transmitted by the
11prescriber or the prescriber's agent or upon a lawful oral
12prescription of a prescriber which oral prescription shall be
13reduced promptly to writing by the pharmacist and such written
14memorandum thereof shall be dated on the day when such oral
15prescription is received by the pharmacist and shall bear the
16full name and address of the ultimate user for whom, or of the
17owner of the animal for which the controlled substance is
18dispensed, and the full name, address, and registry number
19under the law of the United States relating to controlled
20substances of the prescriber prescribing if he or she is
21required by those laws to be so registered, and the pharmacist
22filling such oral prescription shall write the date of filling
23and his or her own signature on the face of such written
24memorandum thereof. The facsimile copy of the prescription or
25written memorandum of the oral prescription shall be retained
26on file by the proprietor of the pharmacy in which it is filled



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1for a period of not less than two years, so as to be readily
2accessible for inspection by any officer or employee engaged
3in the enforcement of this Act in the same manner as a written
4prescription. The facsimile copy of the prescription or oral
5prescription and the written memorandum thereof shall not be
6filled or refilled more than 6 months after the date thereof or
7be refilled more than 5 times, unless renewed, in writing, by
8the prescriber.
9    (c) Except for any non-prescription targeted
10methamphetamine precursor regulated by the Methamphetamine
11Precursor Control Act, a controlled substance included in
12Schedule V shall not be distributed or dispensed other than
13for a medical purpose and not for the purpose of evading this
14Act, and then:
15        (1) only personally by a person registered to dispense
16    a Schedule V controlled substance and then only to his or
17    her patients, or
18        (2) only personally by a pharmacist, and then only to
19    a person over 21 years of age who has identified himself or
20    herself to the pharmacist by means of 2 positive documents
21    of identification.
22    The dispenser shall record the name and address of the
23purchaser, the name and quantity of the product, the date and
24time of the sale, and the dispenser's signature.
25    No person shall purchase or be dispensed more than 120
26milliliters or more than 120 grams of any Schedule V substance



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1which contains codeine, dihydrocodeine, or any salts thereof,
2or ethylmorphine, or any salts thereof, in any 96-hour period.
3The purchaser shall sign a form, approved by the Department of
4Financial and Professional Regulation, attesting that he or
5she has not purchased any Schedule V controlled substances
6within the immediately preceding 96 hours.
7    All records of purchases and sales shall be maintained for
8not less than 2 years.
9    No person shall obtain or attempt to obtain within any
10consecutive 96-hour period any Schedule V substances of more
11than 120 milliliters or more than 120 grams containing
12codeine, dihydrocodeine or any of its salts, or ethylmorphine
13or any of its salts. Any person obtaining any such
14preparations or combination of preparations in excess of this
15limitation shall be in unlawful possession of such controlled
17    A person qualified to dispense controlled substances under
18this Act and registered thereunder shall at no time maintain
19or keep in stock a quantity of Schedule V controlled
20substances in excess of 4.5 liters for each substance; a
21pharmacy shall at no time maintain or keep in stock a quantity
22of Schedule V controlled substances as defined in excess of
234.5 liters for each substance, plus the additional quantity of
24controlled substances necessary to fill the largest number of
25prescription orders filled by that pharmacy for such
26controlled substances in any one week in the previous year.



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1These limitations shall not apply to Schedule V controlled
2substances which Federal law prohibits from being dispensed
3without a prescription.
4    No person shall distribute or dispense butyl nitrite for
5inhalation or other introduction into the human body for
6euphoric or physical effect.
7    (d) Every practitioner shall keep a record or log of
8controlled substances received by him or her and a record of
9all such controlled substances administered, dispensed or
10professionally used by him or her otherwise than by
11prescription. It shall, however, be sufficient compliance with
12this paragraph if any practitioner utilizing controlled
13substances listed in Schedules III, IV and V shall keep a
14record of all those substances dispensed and distributed by
15him or her other than those controlled substances which are
16administered by the direct application of a controlled
17substance, whether by injection, inhalation, ingestion, or any
18other means to the body of a patient or research subject. A
19practitioner who dispenses, other than by administering, a
20controlled substance in Schedule II, which is a narcotic drug
21listed in Section 206 of this Act, or which contains any
22quantity of amphetamine or methamphetamine, their salts,
23optical isomers or salts of optical isomers, pentazocine, or
24methaqualone shall do so only upon the issuance of a written
25prescription blank or electronic prescription issued by a



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1    (e) Whenever a manufacturer distributes a controlled
2substance in a package prepared by him or her, and whenever a
3wholesale distributor distributes a controlled substance in a
4package prepared by him or her or the manufacturer, he or she
5shall securely affix to each package in which that substance
6is contained a label showing in legible English the name and
7address of the manufacturer, the distributor and the quantity,
8kind and form of controlled substance contained therein. No
9person except a pharmacist and only for the purposes of
10filling a prescription under this Act, shall alter, deface or
11remove any label so affixed.
12    (f) Whenever a practitioner dispenses any controlled
13substance except a non-prescription Schedule V product or a
14non-prescription targeted methamphetamine precursor regulated
15by the Methamphetamine Precursor Control Act, he or she shall
16affix to the container in which such substance is sold or
17dispensed, a label indicating the date of initial filling, the
18practitioner's name and address, the name of the patient, the
19name of the prescriber, the directions for use and cautionary
20statements, if any, contained in any prescription or required
21by law, the proprietary name or names or the established name
22of the controlled substance, and the dosage and quantity,
23except as otherwise authorized by regulation by the Department
24of Financial and Professional Regulation. No person shall
25alter, deface or remove any label so affixed as long as the
26specific medication remains in the container.



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1    (g) A person to whom or for whose use any controlled
2substance has been prescribed or dispensed by a practitioner,
3or other persons authorized under this Act, and the owner of
4any animal for which such substance has been prescribed or
5dispensed by a veterinarian, may lawfully possess such
6substance only in the container in which it was delivered to
7him or her by the person dispensing such substance.
8    (h) The responsibility for the proper prescribing or
9dispensing of controlled substances that are under the
10prescriber's direct control is upon the prescriber. The
11responsibility for the proper filling of a prescription for
12controlled substance drugs rests with the pharmacist. An order
13purporting to be a prescription issued to any individual,
14which is not in the regular course of professional treatment
15nor part of an authorized methadone maintenance program, nor
16in legitimate and authorized research instituted by any
17accredited hospital, educational institution, charitable
18foundation, or federal, state or local governmental agency,
19and which is intended to provide that individual with
20controlled substances sufficient to maintain that individual's
21or any other individual's physical or psychological addiction,
22habitual or customary use, dependence, or diversion of that
23controlled substance is not a prescription within the meaning
24and intent of this Act; and the person issuing it, shall be
25subject to the penalties provided for violations of the law
26relating to controlled substances.



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1    (i) A prescriber shall not pre-print or cause to be
2pre-printed a prescription for any controlled substance; nor
3shall any practitioner issue, fill or cause to be issued or
4filled, a pre-printed prescription for any controlled
6    (i-5) A prescriber may use a machine or electronic device
7to individually generate a printed prescription, but the
8prescriber is still required to affix his or her manual
10    (j) No person shall manufacture, dispense, deliver,
11possess with intent to deliver, prescribe, or administer or
12cause to be administered under his or her direction any
13anabolic steroid, for any use in humans other than the
14treatment of disease in accordance with the order of a
15physician licensed to practice medicine in all its branches
16for a valid medical purpose in the course of professional
17practice. The use of anabolic steroids for the purpose of
18hormonal manipulation that is intended to increase muscle
19mass, strength or weight without a medical necessity to do so,
20or for the intended purpose of improving physical appearance
21or performance in any form of exercise, sport, or game, is not
22a valid medical purpose or in the course of professional
24    (k) Controlled substances may be mailed if all of the
25following conditions are met:
26        (1) The controlled substances are not outwardly



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1    dangerous and are not likely, of their own force, to cause
2    injury to a person's life or health.
3        (2) The inner container of a parcel containing
4    controlled substances must be marked and sealed as
5    required under this Act and its rules, and be placed in a
6    plain outer container or securely wrapped in plain paper.
7        (3) If the controlled substances consist of
8    prescription medicines, the inner container must be
9    labeled to show the name and address of the pharmacy or
10    practitioner dispensing the prescription.
11        (4) The outside wrapper or container must be free of
12    markings that would indicate the nature of the contents.
13    (l) Notwithstanding any other provision of this Act to the
14contrary, emergency medical services personnel may administer
15Schedule II, III, IV, or V controlled substances to a person in
16the scope of their employment without a written, electronic,
17or oral prescription of a prescriber.
18(Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23.)
19    (720 ILCS 570/313)  (from Ch. 56 1/2, par. 1313)
20    Sec. 313. (a) Controlled substances which are lawfully
21administered in hospitals or institutions licensed under the
22Hospital Licensing Act shall be exempt from the requirements
23of Sections 312, 315.6, and 316, except that the prescription
24for the controlled substance shall be in writing on the
25patient's record, signed by the prescriber, and dated, and



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1shall state the name and quantity of controlled substances
2ordered and the quantity actually administered. The records of
3such prescriptions shall be maintained for two years and shall
4be available for inspection by officers and employees of the
5Illinois State Police and the Department of Financial and
6Professional Regulation.
7    The exemption under this subsection (a) does not apply to
8a prescription (including an outpatient prescription from an
9emergency department or outpatient clinic) for more than a
1072-hour supply of a discharge medication to be consumed
11outside of the hospital or institution.
12    (b) Controlled substances that can lawfully be
13administered or dispensed directly to a patient in a long-term
14care facility licensed by the Department of Public Health as a
15skilled nursing facility, intermediate care facility, or
16long-term care facility for residents under 22 years of age,
17are exempt from the requirements of Section 312 except that a
18prescription for a Schedule II controlled substance must be
19either a prescription signed by the prescriber or a
20prescription transmitted by the prescriber or prescriber's
21agent to the dispensing pharmacy by facsimile. The facsimile
22serves as the original prescription and must be maintained for
232 years from the date of issue in the same manner as a written
24prescription signed by the prescriber.
25    (c) A prescription that is generated for a Schedule II
26controlled substance to be compounded for direct



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1administration to a patient in a private residence, long-term
2care facility, or hospice program may be transmitted by
3facsimile by the prescriber or the prescriber's agent to the
4pharmacy providing the home infusion services. The facsimile
5serves as the original prescription for purposes of this
6paragraph (c) and it shall be maintained in the same manner as
7the original prescription.
8    (c-1) A prescription generated for a Schedule II
9controlled substance for a patient residing in a hospice
10certified by Medicare under Title XVIII of the Social Security
11Act or licensed by the State may be transmitted by the
12practitioner or the practitioner's agent to the dispensing
13pharmacy by facsimile or electronically as provided in Section
14311.5. The practitioner or practitioner's agent must note on
15the prescription that the patient is a hospice patient. The
16facsimile or electronic record serves as the original
17prescription for purposes of this paragraph (c-1) and it shall
18be maintained in the same manner as the original prescription.
19    (d) Controlled substances which are lawfully administered
20and/or dispensed in substance use disorder drug abuse
21treatment programs licensed by the Department shall be exempt
22from the requirements of Sections 312 and 316, except that the
23prescription for such controlled substances shall be issued
24and authenticated on official prescription logs prepared and
25maintained in accordance with 77 Ill. Adm. Code 2060:
26Alcoholism and Substance Abuse Treatment and Intervention



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1Licenses, and in compliance with other applicable State and
2federal laws. The Department-licensed drug treatment program
3shall report applicable prescriptions via electronic record
4keeping software approved by the Department. This software
5must be compatible with the specifications of the Department.
6Substance use disorder Drug abuse treatment programs shall
7report to the Department methadone prescriptions or
8medications dispensed through the use of Department-approved
9File Transfer Protocols (FTPs). Methadone prescription records
10must be maintained in accordance with the applicable
11requirements as set forth by the Department in accordance with
1277 Ill. Adm. Code 2060: Alcoholism and Substance Abuse
13Treatment and Intervention Licenses, and in compliance with
14other applicable State and federal laws.
15    (e) Nothing in this Act shall be construed to limit the
16authority of a hospital pursuant to Section 65-45 of the Nurse
17Practice Act to grant hospital clinical privileges to an
18individual advanced practice registered nurse to select, order
19or administer medications, including controlled substances to
20provide services within a hospital. Nothing in this Act shall
21be construed to limit the authority of an ambulatory surgical
22treatment center pursuant to Section 65-45 of the Nurse
23Practice Act to grant ambulatory surgical treatment center
24clinical privileges to an individual advanced practice
25registered nurse to select, order or administer medications,
26including controlled substances to provide services within an



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1ambulatory surgical treatment center.
2(Source: P.A. 102-608, eff. 8-27-21.)
3    (720 ILCS 570/318)
4    Sec. 318. Confidentiality of information.
5    (a) Information received by the central repository under
6Section 316 and former Section 321 is confidential.
7    (a-1) To ensure the federal Health Insurance Portability
8and Accountability Act and confidentiality of substance use
9disorder patient records rules that mandate the privacy of an
10individual's prescription data reported to the Prescription
11Monitoring Program received from a retail dispenser under this
12Act, and in order to execute the duties and responsibilities
13under Section 316 of this Act and rules for disclosure under
14this Section, the Clinical Director of the Prescription
15Monitoring Program or his or her designee shall maintain
16direct access to all Prescription Monitoring Program data. Any
17request for Prescription Monitoring Program data from any
18other department or agency must be approved in writing by the
19Clinical Director of the Prescription Monitoring Program or
20his or her designee unless otherwise permitted by law.
21Prescription Monitoring Program data shall only be disclosed
22as permitted by law.
23    (a-2) As an active step to address the current opioid
24crisis in this State and to prevent and reduce substance use
25disorders addiction resulting from a sports injury or an



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1accident, the Prescription Monitoring Program and the
2Department of Public Health shall coordinate a continuous
3review of the Prescription Monitoring Program and the
4Department of Public Health data to determine if a patient may
5be at risk of opioid use disorder addiction. Each patient
6discharged from any medical facility with an International
7Classification of Disease, 10th edition code related to a
8sport or accident injury shall be subject to the data review.
9If the discharged patient is dispensed a controlled substance,
10the Prescription Monitoring Program shall alert the patient's
11prescriber as to the addiction risk of developing a substance
12use disorder and urge each to follow the Centers for Disease
13Control and Prevention guidelines or his or her respective
14profession's treatment guidelines related to the patient's
15injury. This subsection (a-2), other than this sentence, is
16inoperative on or after January 1, 2024.
17    (b) The Department must carry out a program to protect the
18confidentiality of the information described in subsection
19(a). The Department may disclose the information to another
20person only under subsection (c), (d), or (f) and may charge a
21fee not to exceed the actual cost of furnishing the
23    (c) The Department may disclose confidential information
24described in subsection (a) to any person who is engaged in
25receiving, processing, or storing the information.
26    (d) The Department may release confidential information



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1described in subsection (a) to the following persons:
2        (1) A governing body that licenses practitioners and
3    is engaged in an investigation, an adjudication, or a
4    prosecution of a violation under any State or federal law
5    that involves a controlled substance.
6        (2) An investigator for the Consumer Protection
7    Division of the office of the Attorney General, a
8    prosecuting attorney, the Attorney General, a deputy
9    Attorney General, or an investigator from the office of
10    the Attorney General, who is engaged in any of the
11    following activities involving controlled substances:
12            (A) an investigation;
13            (B) an adjudication; or
14            (C) a prosecution of a violation under any State
15        or federal law that involves a controlled substance.
16        (3) A law enforcement officer who is:
17            (A) authorized by the Illinois State Police or the
18        office of a county sheriff or State's Attorney or
19        municipal police department of Illinois to receive
20        information of the type requested for the purpose of
21        investigations involving controlled substances; or
22            (B) approved by the Department to receive
23        information of the type requested for the purpose of
24        investigations involving controlled substances; and
25            (C) engaged in the investigation or prosecution of
26        a violation under any State or federal law that



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1        involves a controlled substance.
2        (4) Select representatives of the Department of
3    Children and Family Services through the indirect online
4    request process. Access shall be established by an
5    intergovernmental agreement between the Department of
6    Children and Family Services and the Department of Human
7    Services.
8    (e) Before the Department releases confidential
9information under subsection (d), the applicant must
10demonstrate in writing to the Department that:
11        (1) the applicant has reason to believe that a
12    violation under any State or federal law that involves a
13    controlled substance has occurred; and
14        (2) the requested information is reasonably related to
15    the investigation, adjudication, or prosecution of the
16    violation described in subdivision (1).
17    (f) The Department may receive and release prescription
18record information under Section 316 and former Section 321
20        (1) a governing body that licenses practitioners;
21        (2) an investigator for the Consumer Protection
22    Division of the office of the Attorney General, a
23    prosecuting attorney, the Attorney General, a deputy
24    Attorney General, or an investigator from the office of
25    the Attorney General;
26        (3) any Illinois law enforcement officer who is:



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1            (A) authorized to receive the type of information
2        released; and
3            (B) approved by the Department to receive the type
4        of information released; or
5        (4) prescription monitoring entities in other states
6    per the provisions outlined in subsection (g) and (h)
7    below;
8confidential prescription record information collected under
9Sections 316 and 321 (now repealed) that identifies vendors or
10practitioners, or both, who are prescribing or dispensing
11large quantities of Schedule II, III, IV, or V controlled
12substances outside the scope of their practice, pharmacy, or
13business, as determined by the Advisory Committee created by
14Section 320.
15    (f-5) In accordance with a confidentiality agreement
16entered into with the Department, a medical director, or a
17public health administrator and their delegated analysts, of a
18county or municipal health department or the Department of
19Public Health shall have access to data from the system for any
20of the following purposes:
21            (1) developing education programs or public health
22        interventions relating to prescribing trends and
23        controlled substance use; or
24            (2) conducting analyses and publish reports on
25        prescribing trends in their respective jurisdictions.
26    At a minimum, the confidentiality agreement entered into



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1with the Department shall:
2        (i) prohibit analysis and reports produced under
3    subparagraph (2) from including information that
4    identifies, by name, license, or address, any
5    practitioner, dispenser, ultimate user, or other person
6    administering a controlled substance; and
7        (ii) specify the appropriate technical and physical
8    safeguards that the county or municipal health department
9    must implement to ensure the privacy and security of data
10    obtained from the system. The data from the system shall
11    not be admissible as evidence, nor discoverable in any
12    action of any kind in any court or before any tribunal,
13    board, agency, or person. The disclosure of any such
14    information or data, whether proper or improper, shall not
15    waive or have any effect upon its confidentiality,
16    non-discoverability, or non-admissibility.
17    (g) The information described in subsection (f) may not be
18released until it has been reviewed by an employee of the
19Department who is licensed as a prescriber or a dispenser and
20until that employee has certified that further investigation
21is warranted. However, failure to comply with this subsection
22(g) does not invalidate the use of any evidence that is
23otherwise admissible in a proceeding described in subsection
25    (h) An investigator or a law enforcement officer receiving
26confidential information under subsection (c), (d), or (f) may



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1disclose the information to a law enforcement officer or an
2attorney for the office of the Attorney General for use as
3evidence in the following:
4        (1) A proceeding under any State or federal law that
5    involves a controlled substance.
6        (2) A criminal proceeding or a proceeding in juvenile
7    court that involves a controlled substance.
8    (i) The Department may compile statistical reports from
9the information described in subsection (a). The reports must
10not include information that identifies, by name, license or
11address, any practitioner, dispenser, ultimate user, or other
12person administering a controlled substance.
13    (j) Based upon federal, initial and maintenance funding, a
14prescriber and dispenser inquiry system shall be developed to
15assist the health care community in its goal of effective
16clinical practice and to prevent patients from diverting or
17abusing medications.
18        (1) An inquirer shall have read-only access to a
19    stand-alone database which shall contain records for the
20    previous 12 months.
21        (2) Dispensers may, upon positive and secure
22    identification, make an inquiry on a patient or customer
23    solely for a medical purpose as delineated within the
24    federal HIPAA law.
25        (3) The Department shall provide a one-to-one secure
26    link and encrypted software necessary to establish the



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1    link between an inquirer and the Department. Technical
2    assistance shall also be provided.
3        (4) Written inquiries are acceptable but must include
4    the fee and the requester's Drug Enforcement
5    Administration license number and submitted upon the
6    requester's business stationery.
7        (5) As directed by the Prescription Monitoring Program
8    Advisory Committee and the Clinical Director for the
9    Prescription Monitoring Program, aggregate data that does
10    not indicate any prescriber, practitioner, dispenser, or
11    patient may be used for clinical studies.
12        (6) Tracking analysis shall be established and used
13    per administrative rule.
14        (7) Nothing in this Act or Illinois law shall be
15    construed to require a prescriber or dispenser to make use
16    of this inquiry system.
17        (8) If there is an adverse outcome because of a
18    prescriber or dispenser making an inquiry, which is
19    initiated in good faith, the prescriber or dispenser shall
20    be held harmless from any civil liability.
21    (k) The Department shall establish, by rule, the process
22by which to evaluate possible erroneous association of
23prescriptions to any licensed prescriber or end user of the
24Illinois Prescription Information Library (PIL).
25    (l) The Prescription Monitoring Program Advisory Committee
26is authorized to evaluate the need for and method of



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1establishing a patient specific identifier.
2    (m) Patients who identify prescriptions attributed to them
3that were not obtained by them shall be given access to their
4personal prescription history pursuant to the validation
5process as set forth by administrative rule.
6    (n) The Prescription Monitoring Program is authorized to
7develop operational push reports to entities with compatible
8electronic medical records. The process shall be covered
9within administrative rule established by the Department.
10    (o) Hospital emergency departments and freestanding
11healthcare facilities providing healthcare to walk-in patients
12may obtain, for the purpose of improving patient care, a
13unique identifier for each shift to utilize the PIL system.
14    (p) The Prescription Monitoring Program shall
15automatically create a log-in to the inquiry system when a
16prescriber or dispenser obtains or renews his or her
17controlled substance license. The Department of Financial and
18Professional Regulation must provide the Prescription
19Monitoring Program with electronic access to the license
20information of a prescriber or dispenser to facilitate the
21creation of this profile. The Prescription Monitoring Program
22shall send the prescriber or dispenser information regarding
23the inquiry system, including instructions on how to log into
24the system, instructions on how to use the system to promote
25effective clinical practice, and opportunities for continuing
26education for the prescribing of controlled substances. The



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1Prescription Monitoring Program shall also send to all
2enrolled prescribers, dispensers, and designees information
3regarding the unsolicited reports produced pursuant to Section
4314.5 of this Act.
5    (q) A prescriber or dispenser may authorize a designee to
6consult the inquiry system established by the Department under
7this subsection on his or her behalf, provided that all the
8following conditions are met:
9        (1) the designee so authorized is employed by the same
10    hospital or health care system; is employed by the same
11    professional practice; or is under contract with such
12    practice, hospital, or health care system;
13        (2) the prescriber or dispenser takes reasonable steps
14    to ensure that such designee is sufficiently competent in
15    the use of the inquiry system;
16        (3) the prescriber or dispenser remains responsible
17    for ensuring that access to the inquiry system by the
18    designee is limited to authorized purposes and occurs in a
19    manner that protects the confidentiality of the
20    information obtained from the inquiry system, and remains
21    responsible for any breach of confidentiality; and
22        (4) the ultimate decision as to whether or not to
23    prescribe or dispense a controlled substance remains with
24    the prescriber or dispenser.
25    The Prescription Monitoring Program shall send to
26registered designees information regarding the inquiry system,



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1including instructions on how to log onto the system.
2    (r) The Prescription Monitoring Program shall maintain an
3Internet website in conjunction with its prescriber and
4dispenser inquiry system. This website shall include, at a
5minimum, the following information:
6        (1) current clinical guidelines developed by health
7    care professional organizations on the prescribing of
8    opioids or other controlled substances as determined by
9    the Advisory Committee;
10        (2) accredited continuing education programs related
11    to prescribing of controlled substances;
12        (3) programs or information developed by health care
13    professionals that may be used to assess patients or help
14    ensure compliance with prescriptions;
15        (4) updates from the Food and Drug Administration, the
16    Centers for Disease Control and Prevention, and other
17    public and private organizations which are relevant to
18    prescribing;
19        (5) relevant medical studies related to prescribing;
20        (6) other information regarding the prescription of
21    controlled substances; and
22        (7) information regarding prescription drug disposal
23    events, including take-back programs or other disposal
24    options or events.
25    The content of the Internet website shall be periodically
26reviewed by the Prescription Monitoring Program Advisory



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1Committee as set forth in Section 320 and updated in
2accordance with the recommendation of the advisory committee.
3    (s) The Prescription Monitoring Program shall regularly
4send electronic updates to the registered users of the
5Program. The Prescription Monitoring Program Advisory
6Committee shall review any communications sent to registered
7users and also make recommendations for communications as set
8forth in Section 320. These updates shall include the
9following information:
10        (1) opportunities for accredited continuing education
11    programs related to prescribing of controlled substances;
12        (2) current clinical guidelines developed by health
13    care professional organizations on the prescribing of
14    opioids or other drugs as determined by the Advisory
15    Committee;
16        (3) programs or information developed by health care
17    professionals that may be used to assess patients or help
18    ensure compliance with prescriptions;
19        (4) updates from the Food and Drug Administration, the
20    Centers for Disease Control and Prevention, and other
21    public and private organizations which are relevant to
22    prescribing;
23        (5) relevant medical studies related to prescribing;
24        (6) other information regarding prescribing of
25    controlled substances;
26        (7) information regarding prescription drug disposal



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1    events, including take-back programs or other disposal
2    options or events; and
3        (8) reminders that the Prescription Monitoring Program
4    is a useful clinical tool.
5    (t) Notwithstanding any other provision of this Act,
6neither the Prescription Monitoring Program nor any other
7person shall disclose any information in violation of the
8restrictions and requirements of paragraph (3.5) of subsection
9(a) of Section 316 as implemented under Public Act 102-527.
10(Source: P.A. 102-751, eff. 1-1-23.)
11    (720 ILCS 570/320)
12    Sec. 320. Advisory committee.
13    (a) There is created a Prescription Monitoring Program
14Advisory Committee to assist the Department of Human Services
15and Department of Public Health in implementing the
16Prescription Monitoring Program created by this Article and to
17advise the Department on the professional performance of
18prescribers and dispensers and other matters germane to the
19advisory committee's field of competence.
20    (b) The Prescription Monitoring Program Advisory Committee
21shall consist of 15 members appointed by the Clinical Director
22of the Prescription Monitoring Program composed of prescribers
23and dispensers licensed to practice medicine in his or her
24respective profession as follows: one family or primary care
25physician; one pain specialist physician; 4 other physicians,



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1one of whom may be an ophthalmologist; 2 advanced practice
2registered nurses; one physician assistant; one optometrist;
3one dentist; one clinical representative from a statewide
4organization representing hospitals; and 3 pharmacists. The
5Advisory Committee members serving on August 26, 2018 (the
6effective date of Public Act 100-1093) shall continue to serve
7until January 1, 2019. Prescriber and dispenser nominations
8for membership on the Committee shall be submitted by their
9respective professional associations. If there are more
10nominees than membership positions for a prescriber or
11dispenser category, as provided in this subsection (b), the
12Clinical Director of the Prescription Monitoring Program shall
13appoint a member or members for each profession as provided in
14this subsection (b), from the nominations to serve on the
15advisory committee. At the first meeting of the Committee in
162019 members shall draw lots for initial terms and 6 members
17shall serve 3 years, 5 members shall serve 2 years, and 5
18members shall serve one year. Thereafter, members shall serve
193-year terms. Members may serve more than one term but no more
20than 3 terms. The Clinical Director of the Prescription
21Monitoring Program may appoint a representative of an
22organization representing a profession required to be
23appointed. The Clinical Director of the Prescription
24Monitoring Program shall serve as the Secretary of the
26    (c) The advisory committee may appoint a chairperson and



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1other officers as it deems appropriate.
2    (d) The members of the advisory committee shall receive no
3compensation for their services as members of the advisory
4committee, unless appropriated by the General Assembly, but
5may be reimbursed for their actual expenses incurred in
6serving on the advisory committee.
7    (e) The advisory committee shall:
8        (1) provide a uniform approach to reviewing this Act
9    in order to determine whether changes should be
10    recommended to the General Assembly;
11        (2) review current drug schedules in order to manage
12    changes to the administrative rules pertaining to the
13    utilization of this Act;
14        (3) review the following: current clinical guidelines
15    developed by health care professional organizations on the
16    prescribing of opioids or other controlled substances;
17    accredited continuing education programs related to
18    prescribing and dispensing; programs or information
19    developed by health care professional organizations that
20    may be used to assess patients or help ensure compliance
21    with prescriptions; updates from the Food and Drug
22    Administration, the Centers for Disease Control and
23    Prevention, and other public and private organizations
24    which are relevant to prescribing and dispensing; relevant
25    medical studies; and other publications which involve the
26    prescription of controlled substances;



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1        (4) make recommendations for inclusion of these
2    materials or other studies which may be effective
3    resources for prescribers and dispensers on the Internet
4    website of the inquiry system established under Section
5    318;
6        (5) semi-annually review the content of the Internet
7    website of the inquiry system established pursuant to
8    Section 318 to ensure this Internet website has the most
9    current available information;
10        (6) semi-annually review opportunities for federal
11    grants and other forms of funding to support projects
12    which will increase the number of pilot programs which
13    integrate the inquiry system with electronic health
14    records; and
15        (7) semi-annually review communication to be sent to
16    all registered users of the inquiry system established
17    pursuant to Section 318, including recommendations for
18    relevant accredited continuing education and information
19    regarding prescribing and dispensing.
20    (f) The Advisory Committee shall select from its members
2110 members of the Peer Review Committee composed of:
22        (1) 3 physicians;
23        (2) 3 pharmacists;
24        (3) one dentist;
25        (4) one advanced practice registered nurse;
26        (4.5) (blank);



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1        (5) one physician assistant; and
2        (6) one optometrist.
3    The purpose of the Peer Review Committee is to establish a
4formal peer review of professional performance of prescribers
5and dispensers. The deliberations, information, and
6communications of the Peer Review Committee are privileged and
7confidential and shall not be disclosed in any manner except
8in accordance with current law.
9        (1) The Peer Review Committee shall periodically
10    review the data contained within the prescription
11    monitoring program to identify those prescribers or
12    dispensers who may be prescribing or dispensing outside
13    the currently accepted standard and practice of their
14    profession. The Peer Review Committee member, whose
15    profession is the same as the prescriber or dispenser
16    being reviewed, shall prepare a preliminary report and
17    recommendation for any non-action or action. The
18    Prescription Monitoring Program Clinical Director and
19    staff shall provide the necessary assistance and data as
20    required.
21        (2) The Peer Review Committee may identify prescribers
22    or dispensers who may be prescribing outside the currently
23    accepted medical standards in the course of their
24    professional practice and send the identified prescriber
25    or dispenser a request for information regarding their
26    prescribing or dispensing practices. This request for



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1    information shall be sent via certified mail, return
2    receipt requested. A prescriber or dispenser shall have 30
3    days to respond to the request for information.
4        (3) The Peer Review Committee shall refer a prescriber
5    or a dispenser to the Department of Financial and
6    Professional Regulation in the following situations:
7            (i) if a prescriber or dispenser does not respond
8        to three successive requests for information;
9            (ii) in the opinion of a majority of members of the
10        Peer Review Committee, the prescriber or dispenser
11        does not have a satisfactory explanation for the
12        practices identified by the Peer Review Committee in
13        its request for information; or
14            (iii) following communications with the Peer
15        Review Committee, the prescriber or dispenser does not
16        sufficiently rectify the practices identified in the
17        request for information in the opinion of a majority
18        of the members of the Peer Review Committee.
19        (4) The Department of Financial and Professional
20    Regulation may initiate an investigation and discipline in
21    accordance with current laws and rules for any prescriber
22    or dispenser referred by the Peer Review Committee.
23        (5) The Peer Review Committee shall prepare an annual
24    report starting on July 1, 2017. This report shall contain
25    the following information: the number of times the Peer
26    Review Committee was convened; the number of prescribers



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1    or dispensers who were reviewed by the Peer Review
2    Committee; the number of requests for information sent out
3    by the Peer Review Committee; and the number of
4    prescribers or dispensers referred to the Department of
5    Financial and Professional Regulation. The annual report
6    shall be delivered electronically to the Department and to
7    the General Assembly. The report to the General Assembly
8    shall be filed with the Clerk of the House of
9    Representatives and the Secretary of the Senate in
10    electronic form only, in the manner that the Clerk and the
11    Secretary shall direct. The report prepared by the Peer
12    Review Committee shall not identify any prescriber,
13    dispenser, or patient.
14(Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18;
15100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff.
17    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
18    Sec. 410. (a) Whenever any person who has not previously
19been convicted of any felony offense under this Act or any law
20of the United States or of any State relating to cannabis or
21controlled substances, pleads guilty to or is found guilty of
22possession of a controlled or counterfeit substance under
23subsection (c) of Section 402 or of unauthorized possession of
24prescription form under Section 406.2, the court, without
25entering a judgment and with the consent of such person, may



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1sentence him or her to probation.
2    (b) When a person is placed on probation, the court shall
3enter an order specifying a period of probation of 24 months
4and shall defer further proceedings in the case until the
5conclusion of the period or until the filing of a petition
6alleging violation of a term or condition of probation.
7    (c) The conditions of probation shall be that the person:
8(1) not violate any criminal statute of any jurisdiction; (2)
9refrain from possessing a firearm or other dangerous weapon;
10(3) submit to periodic drug testing at a time and in a manner
11as ordered by the court, but no less than 3 times during the
12period of the probation, with the cost of the testing to be
13paid by the probationer; and (4) perform no less than 30 hours
14of community service, provided community service is available
15in the jurisdiction and is funded and approved by the county
16board. The court may give credit toward the fulfillment of
17community service hours for participation in activities and
18treatment as determined by court services.
19    (d) The court may, in addition to other conditions,
20require that the person:
21        (1) make a report to and appear in person before or
22    participate with the court or such courts, person, or
23    social service agency as directed by the court in the
24    order of probation;
25        (2) pay a fine and costs;
26        (3) work or pursue a course of study or vocational



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1    training;
2        (4) undergo medical or psychiatric treatment; or
3    treatment or rehabilitation approved by the Illinois
4    Department of Human Services;
5        (5) attend or reside in a facility established for the
6    instruction or residence of defendants on probation;
7        (6) support his or her dependents;
8        (6-5) refrain from having in his or her body the
9    presence of any illicit drug prohibited by the Cannabis
10    Control Act, the Illinois Controlled Substances Act, or
11    the Methamphetamine Control and Community Protection Act,
12    unless prescribed by a physician, and submit samples of
13    his or her blood or urine or both for tests to determine
14    the presence of any illicit drug;
15        (7) and in addition, if a minor:
16            (i) reside with his or her parents or in a foster
17        home;
18            (ii) attend school;
19            (iii) attend a non-residential program for youth;
20            (iv) contribute to his or her own support at home
21        or in a foster home.
22    (e) Upon violation of a term or condition of probation,
23the court may enter a judgment on its original finding of guilt
24and proceed as otherwise provided.
25    (f) Upon fulfillment of the terms and conditions of
26probation, the court shall discharge the person and dismiss



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1the proceedings against him or her.
2    (g) A disposition of probation is considered to be a
3conviction for the purposes of imposing the conditions of
4probation and for appeal, however, discharge and dismissal
5under this Section is not a conviction for purposes of this Act
6or for purposes of disqualifications or disabilities imposed
7by law upon conviction of a crime.
8    (h) A person may not have more than one discharge and
9dismissal under this Section within a 4-year period.
10    (i) If a person is convicted of an offense under this Act,
11the Cannabis Control Act, or the Methamphetamine Control and
12Community Protection Act within 5 years subsequent to a
13discharge and dismissal under this Section, the discharge and
14dismissal under this Section shall be admissible in the
15sentencing proceeding for that conviction as evidence in
17    (j) Notwithstanding subsection (a), before a person is
18sentenced to probation under this Section, the court may refer
19the person to the drug court established in that judicial
20circuit pursuant to Section 15 of the Drug Court Treatment
21Act. The drug court team shall evaluate the person's
22likelihood of successfully completing a sentence of probation
23under this Section and shall report the results of its
24evaluation to the court. If the drug court team finds that the
25person suffers from a substance use disorder abuse problem
26that makes him or her substantially unlikely to successfully



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1complete a sentence of probation under this Section, then the
2drug court shall set forth its findings in the form of a
3written order, and the person shall not be sentenced to
4probation under this Section, but shall be considered for the
5drug court program.
6(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
7100-575, eff. 1-8-18.)
8    (720 ILCS 570/411.2)
9    Sec. 411.2. Drug Treatment Fund; drug treatment grants.
10    (a) (Blank).
11    (b) (Blank).
12    (c) (Blank).
13    (d) (Blank).
14    (e) (Blank).
15    (f) (Blank).
16    (g) (Blank).
17    (h) The Drug Treatment Fund is hereby established as a
18special fund within the State Treasury. The Department of
19Human Services may make grants to persons licensed under
20Section 15-10 of the Substance Use Disorder Act or to
21municipalities or counties from funds appropriated to the
22Department from the Drug Treatment Fund for the treatment of
23pregnant women who have a substance use disorder are addicted
24to alcohol, cannabis, or controlled substances and for the
25needed care of minor, unemancipated children of women



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1undergoing residential drug treatment. If the Department of
2Human Services grants funds to a municipality or a county that
3the Department determines is not experiencing a healthcare
4need of problem with pregnant women with a substance use
5disorder addicted to alcohol, cannabis, or controlled
6substances, or with care for minor, unemancipated children of
7women undergoing residential drug treatment, or intervention,
8the funds shall be used for the treatment of any person with a
9substance use disorder addicted to alcohol, cannabis, or
10controlled substances. The Department may adopt such rules as
11it deems appropriate for the administration of such grants.
12    (i) (Blank).
13(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19;
14101-81, eff. 7-12-19.)
15    (720 ILCS 570/413)  (from Ch. 56 1/2, par. 1413)
16    Sec. 413. (a) Twelve and one-half percent of all amounts
17collected as fines pursuant to the provisions of this Article
18shall be paid into the Youth Drug Abuse Prevention Fund, which
19is hereby created in the State treasury, to be used by the
20Department for the funding of programs and services for
21substance use disorder drug-abuse treatment, and prevention
22and education services, for juveniles.
23    (b) Eighty-seven and one-half percent of the proceeds of
24all fines received under the provisions of this Article shall
25be transmitted to and deposited in the treasurer's office at



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1the level of government as follows:
2        (1) If such seizure was made by a combination of law
3    enforcement personnel representing differing units of
4    local government, the court levying the fine shall
5    equitably allocate 50% of the fine among these units of
6    local government and shall allocate 37 1/2% to the county
7    general corporate fund. In the event that the seizure was
8    made by law enforcement personnel representing a unit of
9    local government from a municipality where the number of
10    inhabitants exceeds 2 million in population, the court
11    levying the fine shall allocate 87 1/2% of the fine to that
12    unit of local government. If the seizure was made by a
13    combination of law enforcement personnel representing
14    differing units of local government, and at least one of
15    those units represents a municipality where the number of
16    inhabitants exceeds 2 million in population, the court
17    shall equitably allocate 87 1/2% of the proceeds of the
18    fines received among the differing units of local
19    government.
20        (2) If such seizure was made by State law enforcement
21    personnel, then the court shall allocate 37 1/2% to the
22    State treasury and 50% to the county general corporate
23    fund.
24        (3) If a State law enforcement agency in combination
25    with a law enforcement agency or agencies of a unit or
26    units of local government conducted the seizure, the court



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1    shall equitably allocate 37 1/2% of the fines to or among
2    the law enforcement agency or agencies of the unit or
3    units of local government which conducted the seizure and
4    shall allocate 50% to the county general corporate fund.
5    (c) The proceeds of all fines allocated to the law
6enforcement agency or agencies of the unit or units of local
7government pursuant to subsection (b) shall be made available
8to that law enforcement agency as expendable receipts for use
9in the enforcement of laws regulating cannabis,
10methamphetamine, and other controlled substances. The proceeds
11of fines awarded to the State treasury shall be deposited in a
12special fund known as the Drug Traffic Prevention Fund, except
13that amounts distributed to the Secretary of State shall be
14deposited into the Secretary of State Evidence Fund to be used
15as provided in Section 2-115 of the Illinois Vehicle Code.
16Monies from this fund may be used by the Illinois State Police
17or use in the enforcement of laws regulating cannabis,
18methamphetamine, and other controlled substances; to satisfy
19funding provisions of the Intergovernmental Drug Laws
20Enforcement Act; to defray costs and expenses associated with
21returning violators of the Cannabis Control Act and this Act
22only, as provided in those Acts, when punishment of the crime
23shall be confinement of the criminal in the penitentiary; and
24all other monies shall be paid into the general revenue fund in
25the State treasury.
26(Source: P.A. 97-334, eff. 1-1-12.)



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1    (720 ILCS 570/504)  (from Ch. 56 1/2, par. 1504)
2    Sec. 504. (a) The Director and the Secretary of the
3Department of Financial and Professional Regulation shall each
4cooperate with Federal agencies and other State agencies in
5discharging his or her responsibilities concerning traffic in
6controlled substances and in suppressing the misuse and abuse
7of controlled substances. To this end he or she may:
8        (1) arrange for the exchange of information among
9    governmental officials concerning the use and misuse ,
10    misuse and abuse of controlled substances;
11        (2) coordinate and cooperate in training programs
12    concerning controlled substance law enforcement at local
13    and State levels;
14        (3) cooperate with the federal Drug Enforcement
15    Administration or its successor agency; and
16        (4) conduct programs of eradication aimed at
17    destroying wild illicit growth of plant species from which
18    controlled substances may be extracted.
19    (b) Results, information, and evidence received from the
20Drug Enforcement Administration relating to the regulatory
21functions of this Act, including results of inspections
22conducted by it may be relied and acted upon by the Director
23and the Secretary of the Department of Financial and
24Professional Regulation in the exercise of their regulatory
25functions under this Act.



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1(Source: P.A. 97-334, eff. 1-1-12.)
2    (720 ILCS 570/508)  (from Ch. 56 1/2, par. 1508)
3    Sec. 508. (a) The Department shall encourage research on
4controlled substances. In connection with the research, and in
5furtherance of the purposes of this Act, the Department may:
6        (1) establish methods to assess accurately the effect
7    of controlled substances and identify and characterize
8    those with potential for misuse abuse;
9        (2) make studies and undertake programs of research
10    to:
11            (i) develop new or improved approaches,
12        techniques, systems, equipment and devices to
13        strengthen the enforcement of this Act;
14            (ii) determine patterns of use and misuse , misuse,
15        and abuse of controlled substances and their social
16        effects; and
17            (iii) improve methods for preventing, predicting,
18        understanding, and dealing with the use and misuse ,
19        misuse and abuse of controlled substances; and
20        (3) enter into contracts with public agencies,
21    educational institutions, and private organizations or
22    individuals for the purpose of conducting research,
23    demonstrations, or special projects which relate to the
24    use and misuse , misuse and abuse of controlled substances.
25    (b) Persons authorized to engage in research may be



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1authorized by the Department to protect the privacy of
2individuals who are the subjects of such research by
3withholding from all persons not connected with the conduct of
4the research the names and other identifying characteristics
5of such individuals. Persons who are given this authorization
6shall not be compelled in any civil, criminal, administrative,
7legislative or other proceeding to identify the individuals
8who are the subjects of research for which the authorization
9was granted, except to the extent necessary to permit the
10Department to determine whether the research is being
11conducted in accordance with the authorization.
12    (c) The Department may authorize the possession and
13dispensing of controlled substances by persons engaged in
14research, upon such terms and conditions as may be consistent
15with the public health and safety. The Department may also
16approve research and treatment programs involving the
17administration of Methadone. The use of Methadone, or any
18similar controlled substance by any person is prohibited in
19this State except as approved and authorized by the Department
20in accordance with its rules and regulations. To the extent of
21the applicable authorization, persons are exempt from
22prosecution in this State for possession, manufacture or
23delivery of controlled substances.
24    (d) Practitioners registered under Federal law to conduct
25research with Schedule I substances may conduct research with
26Schedule I substances within this State upon furnishing



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1evidence of that Federal registration and notification of the
2scope and purpose of such research to the Department.
3(Source: P.A. 96-328, eff. 8-11-09.)
4    (720 ILCS 570/509)  (from Ch. 56 1/2, par. 1509)
5    Sec. 509. Whenever any court in this State grants
6probation to any person that the court has reason to believe is
7or has a substance use disorder been an addict or unlawful
8possessor of controlled substances, the court shall require,
9as a condition of probation, that the probationer submit to
10periodic tests by the Department of Corrections to determine
11by means of appropriate chemical detection tests whether the
12probationer is using controlled substances. The court may
13require as a condition of probation that the probationer enter
14an approved treatment program, if the court determines that
15the probationer has a substance use disorder of is addicted to
16a controlled substance. Whenever the Prisoner Review Board
17grants parole or the Department of Juvenile Justice grants
18aftercare release to a person believed to have been an
19unlawful possessor or person with a substance use disorder
20addict of controlled substances, the Board or Department shall
21require as a condition of parole or aftercare release that the
22parolee or aftercare releasee submit to appropriate periodic
23chemical tests by the Department of Corrections or the
24Department of Juvenile Justice to determine whether the
25parolee or aftercare releasee is using controlled substances.



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1(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
2    Section 99. Effective date. This Section and Section 10
3take effect upon becoming law.