State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ][ Senate Amendment 002 ]

91_SB0013

 
                                              LRB9100300RCksA

 1        AN ACT to amend the Illinois Controlled Substances Act by
 2    changing  Sections 309, 312, and 406, by adding Sections 316,
 3    317, 318, 319, and 320 and repealing Sections 308,  310,  and
 4    311.

 5        Be  it  enacted  by  the People of the State of Illinois,
 6    represented in the General Assembly:

 7        Section 5. The  Illinois  Controlled  Substances  Act  is
 8    amended  by changing Sections 309, 312, and 406 and by adding
 9    Sections 316, 317, 318, 319, and 320 as follows:

10        (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
11        Sec. 309.   No person shall issue a  prescription  for  a
12    Schedule  II  controlled  substance, which is a narcotic drug
13    listed in Section 206 of this  Act;  or  which  contains  any
14    quantity  of  amphetamine  or  methamphetamine,  their salts,
15    optical isomers or salts of  optical  isomers;  phenmetrazine
16    and  its  salts;  gluthethimide;  pentazocine;  or  which  is
17    hereafter determined to be a "designated product," as defined
18    in  Section  102  of  this  Act,  other than on a written the
19    official prescription blank issued by the Department  and  no
20    person  shall  fill  any  such prescription other than on the
21    official  prescription  blank  issued  by   the   Department;
22    provided  that  in  the  case  of an emergency, epidemic or a
23    sudden or unforeseen accident or calamity, the prescriber may
24    issue a lawful oral prescription or  transmit  via  facsimile
25    equipment   a   written   prescription  order  or  a  written
26    prescription on a blank other than the official  prescription
27    blank  issued by the Department where failure to issue such a
28    prescription  might  result  in  loss  of  life  or   intense
29    suffering,  but such prescription shall have endorsed thereon
30    by the prescriber a  statement  concerning  the  accident  or
31    calamity,  or  circumstances  constituting the emergency, the
 
                            -2-               LRB9100300RCksA
 1    cause for which the unofficial blank  was  used.   Within  72
 2    hours after issuing an emergency prescription, the prescriber
 3    shall   cause   a   written   prescription  on  the  official
 4    prescription blank for the emergency quantity  prescribed  to
 5    be  delivered to the dispensing pharmacist.  The prescription
 6    shall have written on its face "Authorization  for  Emergency
 7    Dispensing",  and the date of the emergency prescription. The
 8    written prescription on the official prescription  blank  may
 9    be  delivered  to the pharmacist in person or by mail, but if
10    delivered by mail it must be postmarked  within  the  72-hour
11    period.  Upon receipt, the dispensing pharmacist shall attach
12    this  prescription  to  the  emergency  prescription  earlier
13    received, or in the case of an oral prescription, reduced  to
14    writing.    The   dispensing   pharmacist  shall  notify  the
15    Department of Human  Services  if  the  prescriber  fails  to
16    deliver  the  authorization  for  emergency dispensing on the
17    official  prescription  blank  to  him.    Failure   of   the
18    dispensing  pharmacist  to  do  so  shall  void the authority
19    conferred by this paragraph to  dispense  without  a  written
20    prescription  on  a  an  official  prescription  blank  of  a
21    prescriber. All prescriptions on the official blanks shall be
22    written  in  triplicate  and  all  three copies signed by the
23    prescriber.   All  prescriptions  issued  for   Schedule   II
24    controlled  substances  shall  include  both  a  written  and
25    numerical   notation   of   quantity   on  the  face  of  the
26    prescription.  No prescription for a Schedule  II  controlled
27    substance may be refilled.
28    (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)

29        (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
30        Sec.   312.    Requirements   for  dispensing  controlled
31    substances.
32        (a)  A  practitioner,  in  good  faith,  may  dispense  a
33    Schedule II controlled substance, which is  a  narcotic  drug
 
                            -3-               LRB9100300RCksA
 1    listed  in  Section  206  of  this Act; or which contains any
 2    quantity of  amphetamine  or  methamphetamine,  their  salts,
 3    optical  isomers  or  salts of optical isomers; phenmetrazine
 4    and its salts; pentazocine; or which is hereafter  determined
 5    to  be  a  "designated product," as defined in Section 102 of
 6    this  Act  to  any  person  upon  a   written   an   official
 7    prescription  form  and  Schedule  III,  IV,  or V controlled
 8    substances to any person upon a written prescription  of  any
 9    prescriber, dated and signed by the person prescribing on the
10    day  when  issued  and  bearing  the  name and address of the
11    patient for whom, or the owner of the animal  for  which  the
12    controlled substance is dispensed, and the full name, address
13    and  registry  number  under  the  laws  of the United States
14    relating to controlled substances of the prescriber, if he is
15    required by those laws to be registered. If the  prescription
16    is  for  an  animal  it shall state the species of animal for
17    which  it  is  ordered.    The   practitioner   filling   the
18    prescription  shall  write  the  date  of filling and his own
19    signature on the face of the  written  official  prescription
20    form.   The   official   prescription  form  or  the  written
21    prescription shall be retained on file  by  the  practitioner
22    who  filled  it  or  pharmacy  in  which the prescription was
23    filled for  a  period  of  2  years,  so  as  to  be  readily
24    accessible  for  inspection  or  removal  by  any  officer or
25    employee engaged in the enforcement of  this  Act.   Whenever
26    the  practitioner's  or  pharmacy's  copy of any prescription
27    form is removed by an officer  or  employee  engaged  in  the
28    enforcement  of this Act, for the purpose of investigation or
29    as evidence, such officer  or  employee  shall  give  to  the
30    practitioner  or  pharmacy  a  receipt  in  lieu  thereof.  A
31    prescription  form  for  a  Schedule  II controlled substance
32    shall not be filled more  than  7  days  after  the  date  of
33    issuance.   A  written prescription for Schedule III, IV or V
34    controlled substances shall not be filled  or  refilled  more
 
                            -4-               LRB9100300RCksA
 1    than  6 months after the date thereof or refilled more than 5
 2    times unless renewed, in writing, by the prescriber.
 3        (b)  In lieu of a written prescription required  by  this
 4    Section,  a  pharmacist, in good faith, may dispense Schedule
 5    III, IV, or V substances to any person either upon  receiving
 6    a  facsimile of a written, signed prescription transmitted by
 7    the prescriber or the prescriber's agent  or  upon  a  lawful
 8    oral  prescription  of  a  prescriber which oral prescription
 9    shall be reduced promptly to writing by  the  pharmacist  and
10    such  written  memorandum  thereof  shall be dated on the day
11    when such oral prescription is received by the pharmacist and
12    shall bear the full name and address of the ultimate user for
13    whom, or of the owner of the animal for which the  controlled
14    substance  is  dispensed,  and  the  full  name, address, and
15    registry number under the law of the United  States  relating
16    to  controlled substances of the prescriber prescribing if he
17    is required by those  laws  to  be  so  registered,  and  the
18    pharmacist  filling  such  oral  prescription shall write the
19    date of filling and his own signature on  the  face  of  such
20    written  memorandum  thereof.   The  facsimile  copy  of  the
21    prescription  or  written memorandum of the oral prescription
22    shall be retained on file by the proprietor of  the  pharmacy
23    in  which  it  is  filled  for  a period of not less than two
24    years, so as to be readily accessible for inspection  by  any
25    officer or employee engaged in the enforcement of this Act in
26    the  same  manner  as  a written prescription.  The facsimile
27    copy of the prescription or oral prescription and the written
28    memorandum thereof shall not be filled or refilled more  than
29    6  months  after  the date thereof or be refilled more than 5
30    times, unless renewed, in writing, by the prescriber.
31        (c)  A controlled substance included in Schedule V  shall
32    not  be  distributed  or  dispensed  other than for a medical
33    purpose and not for the purpose  of  evading  this  Act,  and
34    then:
 
                            -5-               LRB9100300RCksA
 1             (1)  only  personally  by  a  person  registered  to
 2        dispense  a Schedule V controlled substance and then only
 3        to his patients, or
 4             (2)  only personally by a pharmacist, and then  only
 5        to  a  person  over  21  years  of age who has identified
 6        himself  to  the  pharmacist  by  means  of  2   positive
 7        documents of identification.
 8             (3)  the dispenser shall record the name and address
 9        of  the  purchaser, the name and quantity of the product,
10        the date and  time  of  the  sale,  and  the  dispenser's
11        signature.
12             (4)  no  person  shall purchase or be dispensed more
13        than 120 milliliters  or  more  than  120  grams  of  any
14        Schedule    V    substance    which   contains   codeine,
15        dihydrocodeine, or any salts thereof,  or  ethylmorphine,
16        or  any  salts  thereof,  in  any  96  hour  period.  The
17        purchaser shall sign a form, approved by  the  Department
18        of  Professional  Regulation,  attesting  that he has not
19        purchased any Schedule V controlled substances within the
20        immediately preceding 96 hours.
21             (5)  a copy of the records of  sale,  including  all
22        information required by paragraph (3), shall be forwarded
23        to  the  Department  of  Professional  Regulation  at its
24        principal office by the 15th day of the following month.
25             (6)  all records of purchases  and  sales  shall  be
26        maintained for not less than 2 years.
27             (7)  no  person  shall  obtain  or attempt to obtain
28        within any consecutive 96  hour  period  any  Schedule  V
29        substances  of more than 120 milliliters or more than 120
30        grams containing codeine, dihydrocodeine or  any  of  its
31        salts,  or ethylmorphine or any of its salts.  Any person
32        obtaining  any  such  preparations  or   combination   of
33        preparations  in  excess  of  this limitation shall be in
34        unlawful possession of such controlled substance.
 
                            -6-               LRB9100300RCksA
 1             (8)  a  person  qualified  to  dispense   controlled
 2        substances under this Act and registered thereunder shall
 3        at  no  time  maintain  or  keep  in  stock a quantity of
 4        Schedule V controlled substances defined  and  listed  in
 5        Section  212  (b) (1), (2) or (3) in excess of 4.5 liters
 6        for each substance; a pharmacy shall at no time  maintain
 7        or  keep  in  stock  a  quantity of Schedule V controlled
 8        substances as defined in excess of 4.5  liters  for  each
 9        substance,  plus  the  additional  quantity of controlled
10        substances  necessary  to  fill  the  largest  number  of
11        prescription orders filled  by  that  pharmacy  for  such
12        controlled  substances  in  any  one week in the previous
13        year.  These limitations shall not apply  to  Schedule  V
14        controlled  substances  which  Federal law prohibits from
15        being dispensed without a prescription.
16             (9)  no person shall distribute  or  dispense  butyl
17        nitrite  for  inhalation  or  other introduction into the
18        human body for euphoric or physical effect.
19        (d)  Every practitioner shall keep a record of controlled
20    substances  received  by  him  and  a  record  of  all   such
21    controlled     substances    administered,    dispensed    or
22    professionally used by him otherwise  than  by  prescription.
23    It   shall,  however,  be  sufficient  compliance  with  this
24    paragraph if any practitioner utilizing controlled substances
25    listed in Schedules III, IV and V shall keep a record of  all
26    those  substances dispensed and distributed by him other than
27    those controlled substances which  are  administered  by  the
28    direct  application  of  a  controlled  substance, whether by
29    injection, inhalation, ingestion, or any other means  to  the
30    body  of  a  patient  or research subject. A practitioner who
31    dispenses,  other  than  by   administering,   a   controlled
32    substance  in Schedule II, which is a narcotic drug listed in
33    Section 206 of this Act, or which contains  any  quantity  of
34    amphetamine  or methamphetamine, their salts, optical isomers
 
                            -7-               LRB9100300RCksA
 1    or salts of optical isomers,  pentazocine,  methaqualone,  or
 2    which is hereafter determined to be a "designated product" as
 3    defined in Section 102 of this Act, shall do so only upon the
 4    issuance  of  a  written  an official prescription blank by a
 5    prescriber; and every  practitioner  who  so  dispenses  such
 6    designated  products  shall  comply  with  the  provisions of
 7    Sections 310 and 311 of this Act.
 8        (e)  Whenever a  manufacturer  distributes  a  controlled
 9    substance  in  a  package  prepared  by  him,  and whenever a
10    wholesale distributor distributes a controlled substance in a
11    package  prepared  by  him  or  the  manufacturer,  he  shall
12    securely affix to each package in  which  that  substance  is
13    contained  a  label  showing  in legible English the name and
14    address  of  the  manufacturer,  the  distributor   and   the
15    quantity,  kind  and  form  of controlled substance contained
16    therein.  No person except a  pharmacist  and  only  for  the
17    purposes  of  filling  a  prescription  under this Act, shall
18    alter, deface or remove any label so affixed.
19        (f)  Whenever a  practitioner  dispenses  any  controlled
20    substance,  he  shall  affix  to  the container in which such
21    substance is sold or dispensed, a label indicating  the  date
22    of  initial filling, the practitioner's name and address, the
23    serial number of the prescription, the name of  the  patient,
24    the  name  of  the  prescriber,  the  directions  for use and
25    cautionary statements, if any, contained in any  prescription
26    or  required  by  law,  the  proprietary name or names or the
27    established name of the controlled substance, and the  dosage
28    and quantity, except as otherwise authorized by regulation by
29    the  Department  of Professional Regulation.  No person shall
30    alter, deface or remove any label so affixed.
31        (g)  A person to whom or for  whose  use  any  controlled
32    substance has been prescribed or dispensed by a practitioner,
33    or  other persons authorized under this Act, and the owner of
34    any animal for which such substance has  been  prescribed  or
 
                            -8-               LRB9100300RCksA
 1    dispensed  by  a  veterinarian,  may  lawfully  possess  such
 2    substance  only in the container in which it was delivered to
 3    him by the person dispensing such substance.
 4        (h)  The responsibility for  the  proper  prescribing  or
 5    dispensing  of  controlled  substances is upon the prescriber
 6    and  the  responsibility  for  the  proper   filling   of   a
 7    prescription  for  controlled  substance drugs rests with the
 8    pharmacist.  An order purporting to be a prescription  issued
 9    to  any  individual,  which  is  not in the regular course of
10    professional treatment nor part of  an  authorized  methadone
11    maintenance   program,   nor  in  legitimate  and  authorized
12    research instituted by any accredited  hospital,  educational
13    institution,  charitable  foundation,  or  federal,  state or
14    local governmental agency, and which is intended  to  provide
15    that  individual  with  controlled  substances  sufficient to
16    maintain that individual's or any other individual's physical
17    or  psychological  addiction,  habitual  or  customary   use,
18    dependence,  or diversion of that controlled substance is not
19    a prescription within the meaning and intent of this Act; and
20    the person issuing it, shall  be  subject  to  the  penalties
21    provided  for  violations  of  the law relating to controlled
22    substances.
23        (i)  A prescriber shall  not  preprint  or  cause  to  be
24    preprinted  a  prescription for any controlled substance; nor
25    shall any practitioner issue, fill or cause to be  issued  or
26    filled,   a   preprinted   prescription  for  any  controlled
27    substance.
28        (j)  No  person  shall  manufacture,  dispense,  deliver,
29    possess with intent to deliver, prescribe, or  administer  or
30    cause  to  be  administered  under his direction any anabolic
31    steroid, for any use in humans other than  the  treatment  of
32    disease  in accordance with the order of a physician licensed
33    to practice medicine in all its branches for a valid  medical
34    purpose  in  the course of professional practice.  The use of
 
                            -9-               LRB9100300RCksA
 1    anabolic steroids for the purpose  of  hormonal  manipulation
 2    that  is intended to increase muscle mass, strength or weight
 3    without a medical necessity to do so,  or  for  the  intended
 4    purpose  of  improving  physical appearance or performance in
 5    any form of exercise, sport, or game, is not a valid  medical
 6    purpose or in the course of professional practice.
 7    (Source: P.A. 89-202, eff. 10-1-95; 90-253, eff. 7-29-97.)

 8        (720 ILCS 570/316 new)
 9        Sec.  316.  Controlled  substance prescription monitoring
10    program.
11        The Department must provide for  a  controlled  substance
12    prescription  monitoring  program that includes the following
13    components:
14        (1)  Each time a controlled substance designated  by  the
15    Department  is  dispensed, the dispenser must transmit to the
16    central repository the following information:
17             (A)  The recipient's name.
18             (B)  The recipient's address.
19             (C)  The national drug code number of the controlled
20        substance dispensed.
21             (D)  The date the controlled substance is dispensed.
22             (E)  The  quantity  of  the   controlled   substance
23        dispensed.
24             (F)  The number of days of supply dispensed.
25             (G)  The  dispenser's United States Drug Enforcement
26        Agency registration number.
27             (H)  The prescriber's United States Drug Enforcement
28        Agency registration number.
29        (2)  The information required  to  be  transmitted  under
30    this  Section must be transmitted not more than 15 days after
31    the date on which a controlled substance is dispensed.
32        (3)  A dispenser must transmit the  information  required
33    under this Section by:
 
                            -10-              LRB9100300RCksA
 1             (A)  an   electronic   device  compatible  with  the
 2        receiving device of the central repository;
 3             (B)  a computer diskette;
 4             (C)  a magnetic tape; or
 5             (D)  a pharmacy universal  claim  form  or  Pharmacy
 6        Inventory Control form;
 7    that meets specifications prescribed by the Department.

 8        (720 ILCS 570/317 new)
 9        Sec.   317.   Central   repository   for   collection  of
10    information.
11        (a) The Department must designate  a  central  repository
12    for  the  collection of information transmitted under Section
13    316.
14        (b) The central repository must do the following:
15             (1)  Create a database for information  required  to
16        be  transmitted  under  Section  316 in the form required
17        under rules adopted by the Department,  including  search
18        capability for the following:
19                  (A) A recipient's name.
20                  (B) A recipient's address.
21                  (C)   The   national  drug  code  number  of  a
22             controlled substance dispensed.
23                  (D)  The  dates  a  controlled   substance   is
24             dispensed.
25                  (E)  The  quantities  of a controlled substance
26             dispensed.
27                  (F) The number of days of supply dispensed.
28                  (G)   A   dispenser's   United   States    Drug
29             Enforcement Agency registration number.
30                  (H)   A   prescriber's   United   States   Drug
31             Enforcement Agency registration number.
32             (2) Provide the Department with continuing 24 hour a
33        day  on-line  access  to  the  database maintained by the
 
                            -11-              LRB9100300RCksA
 1        central  repository.   The  Department  of   Professional
 2        Regulation  must  provide  the  Department  with  24 hour
 3        on-line access to the license information of a prescriber
 4        or dispenser.
 5             (3) Secure the information collected by the  central
 6        repository  and  the  database  maintained by the central
 7        repository against access by unauthorized persons.

 8        (720 ILCS 570/318 new)
 9        Sec. 318. Confidentiality of information.
10        (a)  Information received by the central repository under
11    Section 316 is confidential.
12        (b) The Department must carry out a  program  to  protect
13    the   confidentiality   of   the   information  described  in
14    subsection (a). The Department may disclose  the  information
15    to  another person only under subsection (c), (d), or (f) and
16    for a fee not to exceed the actual  cost  of  furnishing  the
17    information.
18        (c)  The Department may disclose confidential information
19    described in subsection (a) to any person who is  engaged  in
20    receiving, processing, or storing the information.
21        (d)  The  Department may release confidential information
22    described in subsection (a) to the following persons:
23             (1) A governing body that licenses practitioners and
24        is engaged in an investigation,  an  adjudication,  or  a
25        prosecution of a violation under any state or federal law
26        that involves a controlled substance.
27             (2)  An  investigator  for  the  Consumer Protection
28        Division  of  the  office  of  the  Attorney  General,  a
29        prosecuting attorney,  the  Attorney  General,  a  deputy
30        Attorney  General,  or an investigator from the office of
31        the Attorney General, who is engaged in:
32                  (A) an investigation;
33                  (B) an adjudication; or
 
                            -12-              LRB9100300RCksA
 1                  (C) a prosecution  of  a  violation  under  any
 2             state  or  federal  law  that  involves a controlled
 3             substance.
 4             (3) A law enforcement officer who is:
 5                  (A)  authorized  by  the  Department  of  State
 6             Police to receive information of the type requested;
 7                  (B)  approved  by  the  Department  to  receive
 8             information of the type requested; and
 9                  (C) engaged in the investigation or prosecution
10             of a violation under any State or federal  law  that
11             involves a controlled substance.
12        (e)   Before   the   Department   releases   confidential
13    information   under   subsection   (d),  the  applicant  must
14    demonstrate to the Department that:
15             (1) the applicant  has  reason  to  believe  that  a
16        violation  under any state or federal law that involves a
17        controlled substance has occurred; and
18             (2) the requested information is reasonably  related
19        to the investigation, adjudication, or prosecution of the
20        violation described in subdivision (1).
21        (f) The Department may release to:
22             (1) a governing body that licenses practitioners;
23             (2)  an  investigator  for  the  Consumer Protection
24        Division  of  the  office  of  the  Attorney  General,  a
25        prosecuting attorney,  the  Attorney  General,  a  deputy
26        Attorney  General,  or an investigator from the office of
27        the Attorney General; or
28             (3) a law enforcement officer who is:
29                  (A)  authorized  by  the  Department  of  State
30             Police to receive the type of information  released;
31             and
32                  (B)  approved  by the Department to receive the
33             type of information released;
34    confidential information generated from computer records that
 
                            -13-              LRB9100300RCksA
 1    identifies practitioners who are  prescribing  or  dispensing
 2    large quantities of a controlled substance.
 3        (g)  The  information described in subsection (f) may not
 4    be released until it has been reviewed by an employee of  the
 5    Department  who is licensed as a  prescriber or dispenser and
 6    until that employee has certified that further  investigation
 7    is warranted. However, failure to comply with this subsection
 8    (g)  does  not  invalidate  the  use  of any evidence that is
 9    otherwise admissible in a proceeding described in  subsection
10    (h).
11        (h)   An   investigator  or  a  law  enforcement  officer
12    receiving confidential information under subsection (c), (d),
13    or (f) may disclose the  information  to  a  law  enforcement
14    officer or an attorney for the office of the Attorney General
15    for use as evidence in the following:
16             (1) A proceeding under any state or federal law that
17        involves a controlled substance.
18             (2)   A  criminal  proceeding  or  a  proceeding  in
19        juvenile court that involves a controlled substance.
20        (i) The Department may compile statistical  reports  from
21    the information described in subsection (a). The reports must
22    not  include  information  that  identifies any practitioner,
23    ultimate user, or other  person  administering  a  controlled
24    substance.

25        (720 ILCS 570/319 new)
26        Sec.  319.  Rules.  The Department must adopt rules under
27    the  Illinois  Administrative  Procedure  Act  to   implement
28    Sections 316 through 318, including the following:
29             (1)  Information collection and retrieval procedures
30        for the  central  repository,  including  the  controlled
31        substances  to  be included in the program required under
32        Section 316.
33             (2) Design for the creation of the database required
 
                            -14-              LRB9100300RCksA
 1        under Section 317.
 2             (3)   Requirements   for   the    development    and
 3        installation   of   on-line   electronic  access  by  the
 4        Department  to  information  collected  by  the   central
 5        repository.

 6        (720 ILCS 570/320 new)
 7        Sec. 320.  Advisory committee.
 8        (a)  The  Secretary  of  Human  Services  must appoint an
 9    advisory committee to assist the Department  in  implementing
10    the  controlled  substance  prescription  monitoring  program
11    created by Section 316 of this Act.
12        (b)  The  Secretary  of Human Services must determine the
13    number of members to serve on the  advisory  committee.   The
14    Secretary  must  choose  one  of  the members of the advisory
15    committee to serve as chair of the committee.
16        (c)  The  advisory  committee  may  appoint   its   other
17    officers as it deems appropriate.
18        (d)  The  members of the advisory committee shall receive
19    no compensation for their services as members of the advisory
20    committee but may be reimbursed  for  their  actual  expenses
21    incurred in serving on the advisory committee.

22        (720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
23        Sec. 406.  (a)  It is unlawful for any person:
24        (1)  who   is   subject   to  Article  III  knowingly  to
25    distribute or dispense a controlled substance in violation of
26    Sections 308 through 314 of this Act; or
27        (2)  who is a registrant,  to  manufacture  a  controlled
28    substance   not   authorized   by  his  registration,  or  to
29    distribute or dispense a controlled substance not  authorized
30    by his registration to another registrant or other authorized
31    person; or
32        (3)  to  refuse  or  fail  to  make,  keep or furnish any
 
                            -15-              LRB9100300RCksA
 1    record,  notification,  order  form,  statement,  invoice  or
 2    information required under this Act; or
 3        (4)  to  refuse  an  entry  into  any  premises  for  any
 4    inspection authorized by this Act; or
 5        (5)  knowingly to  keep  or  maintain  any  store,  shop,
 6    warehouse,  dwelling,  building,  vehicle, boat, aircraft, or
 7    other structure or place, which is resorted to  by  a  person
 8    unlawfully possessing controlled substances, or which is used
 9    for  possessing,  manufacturing,  dispensing  or distributing
10    controlled substances in violation of this Act.
11        Any person who violates this subsection (a) is guilty  of
12    a  Class  A  misdemeanor  for the first offense and a Class 4
13    felony  for  each  subsequent  offense.  The  fine  for  each
14    subsequent offense  shall  not  be  more  than  $100,000.  In
15    addition,  any  practitioner who is found guilty of violating
16    this subsection (a) is subject to suspension  and  revocation
17    of   his   professional  license,  in  accordance  with  such
18    procedures  as  are  provided  by  law  for  the  taking   of
19    disciplinary  action  with  regard  to  the  license  of said
20    practitioner's profession.
21        (b)  It is unlawful for any person knowingly:
22        (1)  to  distribute,  as  a  registrant,   a   controlled
23    substance  classified in Schedule I or II, except pursuant to
24    an order form as required by Section 307 of this Act; or
25        (2)  to  use,  in  the  course  of  the  manufacture   or
26    distribution of a controlled substance, a registration number
27    which is fictitious, revoked, suspended, or issued to another
28    person; or
29        (3)  to  acquire  or  obtain  possession  of a controlled
30    substance by misrepresentation, fraud, forgery, deception  or
31    subterfuge; or
32        (4)  to  furnish false or fraudulent material information
33    in, or omit any material information from,  any  application,
34    report  or  other document required to be kept or filed under
 
                            -16-              LRB9100300RCksA
 1    this Act, or any record required to be kept by this Act; or
 2        (5)  to make,  distribute  or  possess  any  punch,  die,
 3    plate,  stone  or  other  thing designed to print, imprint or
 4    reproduce the trademark,  trade  name  or  other  identifying
 5    mark, imprint or device of another, or any likeness of any of
 6    the  foregoing, upon any controlled substance or container or
 7    labeling thereof so as  to  render  the  drug  a  counterfeit
 8    substance; or
 9        (6)  to  possess  without  authorization,  official blank
10    prescription forms or counterfeit prescription forms; or
11        (7)  to issue a prescription or fill any prescription for
12    a controlled substance other than on the  appropriate  lawful
13    prescription form.  However, in the case of any epidemic or a
14    sudden or unforeseen accident or calamity, the prescriber may
15    issue  a  prescription  on  a  form  other  than the official
16    prescription form issued by the Department, where failure  to
17    issue  such  a  prescription  might result in loss of life or
18    intense suffering, but such prescription shall have  endorsed
19    thereon,  by  the  prescriber,  a  statement  concerning  the
20    accident,   calamity   or   circumstance   constituting   the
21    emergency, the cause of which the unofficial blank was used.
22        Any  person who violates this subsection (b) is guilty of
23    a Class 4 felony for the first offense and a Class  3  felony
24    for  each subsequent offense.  The fine for the first offense
25    shall  be  not  more  than  $100,000.   The  fine  for   each
26    subsequent offense shall not be more than $200,000.
27        (c)  A  person  who  knowingly  or intentionally violates
28    Section 316, 317,  318,  or  319  is  guilty  of  a  Class  A
29    misdemeanor.
30    (Source: P.A. 85-1287.)

31        (720 ILCS 570/308 rep.)
32        (720 ILCS 570/310 rep.)
33        (720 ILCS 570/311 rep.)
 
                            -17-              LRB9100300RCksA
 1        Section  10.   The  Illinois Controlled Substances Act is
 2    amended by repealing Sections 308, 310, and 311.

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