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91_SB0013enr SB13 Enrolled LRB9100300RCksA 1 AN ACT to amend the Illinois Controlled Substances Act by 2 changing Sections 309, 312, 313, and 406, by adding Sections 3 316, 317, 318, 319, and 320 and repealing Sections 308, 310, 4 and 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, 313, and 406 and by 9 adding 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 writtenthe19officialprescriptionblank issued by the Department and no20person shall fill any such prescription other than on the21official 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 prescriptionor transmit via facsimile25equipment a written prescription order or a written26prescription on a blank other than the official prescription27blank issued by the Departmentwhere failure to issue such a 28 prescription might result in loss of life or intense 29 suffering, but such oral prescription shall include a 30 statementhave endorsed thereonby the prescribera statement31concerning the accident or calamity, or circumstances SB13 Enrolled -2- LRB9100300RCksA 1 constituting the emergency, the cause for which an oral 2 prescriptionthe unofficial blankwas used. Within 7 days723hoursafter issuing an emergency prescription, the prescriber 4 shall cause a written prescriptionon the official5prescription blankfor the emergency quantity prescribed to 6 be delivered to the dispensing pharmacist. The prescription 7 shall have written on its face "Authorization for Emergency 8 Dispensing", and the date of the emergency prescription. The 9 written prescriptionon the official prescription blankmay 10 be delivered to the pharmacist in person,orby mail or via 11 facsimile equipment, but if delivered by mail it must be 12 postmarked within the 7-day72-hourperiod. Upon receipt, the 13 dispensing pharmacist shall attach this prescription to the 14 emergency oral prescription earlier received and, or in the15case of an oral prescription,reduced to writing. The 16 dispensing pharmacist shall notify the Department of Human 17 Services if the prescriber fails to deliver the authorization 18 for emergency dispensing on theofficialprescriptionblank19 to him. Failure of the dispensing pharmacist to do so shall 20 void the authority conferred by this paragraph to dispense 21 without a written prescriptionon an official prescription22blankof a prescriber.All prescriptions on the official23blanks shall be written in triplicate and all three copies24signed by the prescriber.All prescriptions issued for 25 Schedule II controlled substances shall include both a 26 written and numerical notation of quantity on the face of the 27 prescription. No prescription for a Schedule II controlled 28 substance may be refilled. 29 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.) 30 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312) 31 Sec. 312. Requirements for dispensing controlled 32 substances. 33 (a) A practitioner, in good faith, may dispense a SB13 Enrolled -3- LRB9100300RCksA 1 Schedule II controlled substance, which is a narcotic drug 2 listed in Section 206 of this Act; or which contains any 3 quantity of amphetamine or methamphetamine, their salts, 4 optical isomers or salts of optical isomers; phenmetrazine 5 and its salts; pentazocine; or which is hereafter determined 6 to be a "designated product," as defined in Section 102 of 7 this Actto any person upon an official prescription formand 8 Schedule III, IV, or V controlled substances to any person 9 upon a written prescription of any prescriber, dated and 10 signed by the person prescribing on the day when issued and 11 bearing the name and address of the patient for whom, or the 12 owner of the animal for which the controlled substance is 13 dispensed, and the full name, address and registry number 14 under the laws of the United States relating to controlled 15 substances of the prescriber, if he is required by those laws 16 to be registered. If the prescription is for an animal it 17 shall state the species of animal for which it is ordered. 18 The practitioner filling the prescription shall write the 19 date of filling and his own signature on the face of the 20 writtenofficialprescriptionform. Theofficial prescription21form or thewritten prescription shall be retained on file by 22 the practitioner who filled it or pharmacy in which the 23 prescription was filled for a period of 2 years, so as to be 24 readily accessible for inspection or removal by any officer 25 or employee engaged in the enforcement of this Act. Whenever 26 the practitioner's or pharmacy's copy of any prescription 27formis 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 SB13 Enrolled -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: SB13 Enrolled -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. SB13 Enrolled -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 SB13 Enrolled -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 writtenan officialprescription 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,the23serial 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 SB13 Enrolled -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 SB13 Enrolled -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 570/313) (from Ch. 56 1/2, par. 1313) 9 Sec. 313. (a) Controlled substances which are lawfully 10 administered in hospitals or institutions licensed under the 11 "Hospital Licensing Act" shall be exempt from the 12 requirements of Sections308 and312 and 316 except that the 13 prescription for the controlled substance shall be in writing 14 on the patient's record, signed by the prescriber, dated, and 15 shall state the name, and quantity of controlled substances 16 ordered and the quantity actually administered. The records 17 of such prescriptions shall be maintained for two years and 18 shall be available for inspection by officers and employees 19 of the Department of State Police, and the Department of 20 Professional Regulation. 21 (b) Controlled substances that can lawfully be 22 administered or dispensed directly to a patient in a 23 long-term care facility licensed by the Department of Public 24 Health as a skilled nursing facility, intermediate care 25 facility, or long-term care facility for residents under 22 26 years of age, are exempt from the requirements of Sections 27308 and312 and 316., except that a prescription for a28Schedule II controlled substance must be either a written29prescription signed by the prescriber or a written30prescription transmitted by the prescriber or prescriber's31agent to the dispensing pharmacy by facsimile. The facsimile32serves as the original written prescription and must be33maintained for 2 years from the date of issue in the sameSB13 Enrolled -10- LRB9100300RCksA 1manner as a written prescription signed by the prescriber.2 (c) (Blank).A prescription that is written for a3Schedule II controlled substance to be compounded for direct4administration by parenteral, intravenous, intramuscular,5subcutaneous, or intraspinal infusion to a patient in a6private residence, long-term care facility, or hospice7setting may be transmitted by facsimile by the prescriber or8the prescriber's agent to the pharmacy providing the home9infusion services.10 (d) Controlled substances which are lawfully 11 administered and/or dispensed in drug abuse treatment 12 programs licensed by the Department shall be exempt from the 13 requirements of Sections308 and312 and 316, except that the 14 prescription for such controlled substances shall be issued 15 and authenticated on official prescription logs prepared and 16 supplied by the Department. The official prescription logs 17 issued by the Department shall be printed in triplicate on 18 distinctively marked paper and furnished to programs at 19 reasonable cost. The official prescription logs furnished to 20 the programs shall contain, in preprinted form, such 21 information as the Department may require. The official 22 prescription logs shall be properly endorsed by a physician 23 licensed to practice medicine in all its branches issuing the 24 order, with his own signature and the date of ordering, and 25 further endorsed by the practitioner actually administering 26 or dispensing the dosage at the time of such administering or 27 dispensing in accordance with requirements issued by the 28 Department. The duplicate copy shall be retained by the 29 program for a period of not less than three years nor more 30 than seven years; the original and triplicate copy shall be 31 returned to the Department at its principal office in 32 accordance with requirements set forth by the Department. 33 (Source: P.A. 89-202, eff. 10-1-95.) SB13 Enrolled -11- LRB9100300RCksA 1 (720 ILCS 570/316 new) 2 Sec. 316. Schedule II Controlled substance prescription 3 monitoring program. 4 The Department must provide for a Schedule II controlled 5 substance prescription monitoring program that includes the 6 following components: 7 (1) Each time a Schedule II controlled substance 8 designated by the Department is dispensed, the dispenser must 9 transmit to the central repository the following information: 10 (A) The recipient's name. 11 (B) The recipient's address. 12 (C) The national drug code number of the Schedule 13 II controlled substance dispensed. 14 (D) The date the Schedule II controlled substance 15 is dispensed. 16 (E) The quantity of the Schedule II controlled 17 substance dispensed. 18 (F) The dispenser's United States Drug Enforcement 19 Agency registration number. 20 (G) The prescriber's United States Drug Enforcement 21 Agency registration number. 22 (2) The information required to be transmitted under 23 this Section must be transmitted not more than 15 days after 24 the date on which a Schedule II controlled substance is 25 dispensed. 26 (3) A dispenser must transmit the information required 27 under this Section by: 28 (A) an electronic device compatible with the 29 receiving device of the central repository; 30 (B) a computer diskette; 31 (C) a magnetic tape; or 32 (D) a pharmacy universal claim form or Pharmacy 33 Inventory Control form; 34 that meets specifications prescribed by the Department. SB13 Enrolled -12- LRB9100300RCksA 1 Schedule II controlled substances are exempt from the 2 requirements of this Section to the extent provided in 3 Section 313. 4 (720 ILCS 570/317 new) 5 Sec. 317. Central repository for collection of 6 information. 7 (a) The Department must designate a central repository 8 for the collection of information transmitted under Section 9 316. 10 (b) The central repository must do the following: 11 (1) Create a database for information required to 12 be transmitted under Section 316 in the form required 13 under rules adopted by the Department, including search 14 capability for the following: 15 (A) A recipient's name. 16 (B) A recipient's address. 17 (C) The national drug code number of a 18 controlled substance dispensed. 19 (D) The dates a Schedule II controlled 20 substance is dispensed. 21 (E) The quantities of a Schedule II controlled 22 substance dispensed. 23 (F) A dispenser's United States Drug 24 Enforcement Agency registration number. 25 (G) A prescriber's United States Drug 26 Enforcement Agency registration number. 27 (2) Provide the Department with continuing 24 hour a 28 day on-line access to the database maintained by the 29 central repository. The Department of Professional 30 Regulation must provide the Department with electronic 31 access to the license information of a prescriber or 32 dispenser. The Department of Professional Regulation may 33 charge a fee for this access not to exceed the actual SB13 Enrolled -13- LRB9100300RCksA 1 cost of furnishing the information. 2 (3) Secure the information collected by the central 3 repository and the database maintained by the central 4 repository against access by unauthorized persons. 5 (720 ILCS 570/318 new) 6 Sec. 318. Confidentiality of information. 7 (a) Information received by the central repository under 8 Section 316 is confidential. 9 (b) The Department must carry out a program to protect 10 the confidentiality of the information described in 11 subsection (a). The Department may disclose the information 12 to another person only under subsection (c), (d), or (f) and 13 may charge a fee not to exceed the actual cost of furnishing 14 the information. 15 (c) The Department may disclose confidential information 16 described in subsection (a) to any person who is engaged in 17 receiving, processing, or storing the information. 18 (d) The Department may release confidential information 19 described in subsection (a) to the following persons: 20 (1) A governing body that licenses practitioners and 21 is engaged in an investigation, an adjudication, or a 22 prosecution of a violation under any State or federal law 23 that involves a controlled substance. 24 (2) An investigator for the Consumer Protection 25 Division of the office of the Attorney General, a 26 prosecuting attorney, the Attorney General, a deputy 27 Attorney General, or an investigator from the office of 28 the Attorney General, who is engaged in any of the 29 following activities involving controlled substances: 30 (A) an investigation; 31 (B) an adjudication; or 32 (C) a prosecution of a violation under any 33 State or federal law that involves a controlled SB13 Enrolled -14- LRB9100300RCksA 1 substance. 2 (3) A law enforcement officer who is: 3 (A) authorized by the Department of State 4 Police to receive information of the type requested 5 for the purpose of investigations involving 6 controlled substances; 7 (B) approved by the Department to receive 8 information of the type requested for the purpose of 9 investigations involving controlled substances; and 10 (C) engaged in the investigation or prosecution 11 of a violation under any State or federal law that 12 involves a controlled substance. 13 (e) Before the Department releases confidential 14 information under subsection (d), the applicant must 15 demonstrate to the Department that: 16 (1) the applicant has reason to believe that a 17 violation under any State or federal law that involves a 18 Schedule II controlled substance has occurred; and 19 (2) the requested information is reasonably related 20 to the investigation, adjudication, or prosecution of the 21 violation described in subdivision (1). 22 (f) The Department may release to: 23 (1) a governing body that licenses practitioners; 24 (2) an investigator for the Consumer Protection 25 Division of the office of the Attorney General, a 26 prosecuting attorney, the Attorney General, a deputy 27 Attorney General, or an investigator from the office of 28 the Attorney General; or 29 (3) a law enforcement officer who is: 30 (A) authorized by the Department of State 31 Police to receive the type of information released; 32 and 33 (B) approved by the Department to receive the 34 type of information released; SB13 Enrolled -15- LRB9100300RCksA 1 confidential information generated from computer records that 2 identifies practitioners who are prescribing or dispensing 3 large quantities of a Schedule II controlled substance as 4 determined by the Advisory Committee created by Section 320. 5 (g) The information described in subsection (f) may not 6 be released until it has been reviewed by an employee of the 7 Department who is licensed as a prescriber or a dispenser 8 and until that employee has certified that further 9 investigation is warranted. However, failure to comply with 10 this subsection (g) does not invalidate the use of any 11 evidence that is otherwise admissible in a proceeding 12 described in subsection (h). 13 (h) An investigator or a law enforcement officer 14 receiving confidential information under subsection (c), (d), 15 or (f) may disclose the information to a law enforcement 16 officer or an attorney for the office of the Attorney General 17 for use as evidence in the following: 18 (1) A proceeding under any State or federal law that 19 involves a Schedule II controlled substance. 20 (2) A criminal proceeding or a proceeding in 21 juvenile court that involves a Schedule II controlled 22 substance. 23 (i) The Department may compile statistical reports from 24 the information described in subsection (a). The reports must 25 not include information that identifies any practitioner, 26 ultimate user, or other person administering a controlled 27 substance. 28 (720 ILCS 570/319 new) 29 Sec. 319. Rules. The Department must adopt rules under 30 the Illinois Administrative Procedure Act to implement 31 Sections 316 through 318, including the following: 32 (1) Information collection and retrieval procedures 33 for the central repository, including the Schedule II SB13 Enrolled -16- LRB9100300RCksA 1 controlled substances to be included in the program 2 required under Section 316. 3 (2) Design for the creation of the database required 4 under Section 317. 5 (3) Requirements for the development and 6 installation of on-line electronic access by the 7 Department to information collected by the central 8 repository. 9 (720 ILCS 570/320 new) 10 Sec. 320. Advisory committee. 11 (a) The Secretary of Human Services must appoint an 12 advisory committee to assist the Department in implementing 13 the Schedule II controlled substance prescription monitoring 14 program created by Section 316 of this Act. The Advisory 15 Committee consists of prescribers and dispensers. 16 (b) The Secretary of Human Services must determine the 17 number of members to serve on the advisory committee. The 18 Secretary must choose one of the members of the advisory 19 committee to serve as chair of the committee. 20 (c) The advisory committee may appoint its other 21 officers as it deems appropriate. 22 (d) The members of the advisory committee shall receive 23 no compensation for their services as members of the advisory 24 committee but may be reimbursed for their actual expenses 25 incurred in serving on the advisory committee. 26 (720 ILCS 570/406) (from Ch. 56 1/2, par. 1406) 27 Sec. 406. (a) It is unlawful for any person: 28 (1) who is subject to Article III knowingly to 29 distribute or dispense a controlled substance in violation of 30 Sections 308 through 314 of this Act; or 31 (2) who is a registrant, to manufacture a controlled 32 substance not authorized by his registration, or to SB13 Enrolled -17- LRB9100300RCksA 1 distribute or dispense a controlled substance not authorized 2 by his registration to another registrant or other authorized 3 person; or 4 (3) to refuse or fail to make, keep or furnish any 5 record, notification, order form, statement, invoice or 6 information required under this Act; or 7 (4) to refuse an entry into any premises for any 8 inspection authorized by this Act; or 9 (5) knowingly to keep or maintain any store, shop, 10 warehouse, dwelling, building, vehicle, boat, aircraft, or 11 other structure or place, which is resorted to by a person 12 unlawfully possessing controlled substances, or which is used 13 for possessing, manufacturing, dispensing or distributing 14 controlled substances in violation of this Act. 15 Any person who violates this subsection (a) is guilty of 16 a Class A misdemeanor for the first offense and a Class 4 17 felony for each subsequent offense. The fine for each 18 subsequent offense shall not be more than $100,000. In 19 addition, any practitioner who is found guilty of violating 20 this subsection (a) is subject to suspension and revocation 21 of his professional license, in accordance with such 22 procedures as are provided by law for the taking of 23 disciplinary action with regard to the license of said 24 practitioner's profession. 25 (b) It is unlawful for any person knowingly: 26 (1) to distribute, as a registrant, a controlled 27 substance classified in Schedule I or II, except pursuant to 28 an order form as required by Section 307 of this Act; or 29 (2) to use, in the course of the manufacture or 30 distribution of a controlled substance, a registration number 31 which is fictitious, revoked, suspended, or issued to another 32 person; or 33 (3) to acquire or obtain possession of a controlled 34 substance by misrepresentation, fraud, forgery, deception or SB13 Enrolled -18- LRB9100300RCksA 1 subterfuge; or 2 (4) to furnish false or fraudulent material information 3 in, or omit any material information from, any application, 4 report or other document required to be kept or filed under 5 this Act, or any record required to be kept by this Act; or 6 (5) to make, distribute or possess any punch, die, 7 plate, stone or other thing designed to print, imprint or 8 reproduce the trademark, trade name or other identifying 9 mark, imprint or device of another, or any likeness of any of 10 the foregoing, upon any controlled substance or container or 11 labeling thereof so as to render the drug a counterfeit 12 substance; or 13 (6) to possess without authorization,officialblank 14 prescription forms or counterfeit prescription forms; or 15 (7) (Blank).to issue a prescription or fill any16prescription for a controlled substance other than on the17appropriate lawful prescription form. However, in the case18of any epidemic or a sudden or unforeseen accident or19calamity, the prescriber may issue a prescription on a form20other than the official prescription form issued by the21Department, where failure to issue such a prescription might22result in loss of life or intense suffering, but such23prescription shall have endorsed thereon, by the prescriber,24a statement concerning the accident, calamity or circumstance25constituting the emergency, the cause of which the unofficial26blank was used.27 Any person who violates this subsection (b) is guilty of 28 a Class 4 felony for the first offense and a Class 3 felony 29 for each subsequent offense. The fine for the first offense 30 shall be not more than $100,000. The fine for each 31 subsequent offense shall not be more than $200,000. 32 (c) A person who knowingly or intentionally violates 33 Section 316, 317, 318, or 319 is guilty of a Class A 34 misdemeanor. SB13 Enrolled -19- LRB9100300RCksA 1 (Source: P.A. 85-1287.) 2 (720 ILCS 570/308 rep.) 3 (720 ILCS 570/310 rep.) 4 (720 ILCS 570/311 rep.) 5 Section 10. The Illinois Controlled Substances Act is 6 amended by repealing Sections 308, 310, and 311. 7 Section 99. Effective date. This Act takes effect April 8 1, 2000.