093_HB0648enr

HB0648 Enrolled                      LRB093 07281 BDD 07440 b

 1        AN ACT in relation to animals.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Humane Euthanasia in Animal Shelters  Act
 5    is amended by changing Sections 35, 55, and 57 as follows:

 6        (510 ILCS 72/35)
 7        Sec. 35.  Technician certification; duties.
 8        (a)  An  applicant  for  certification  as  a  euthanasia
 9    technician  shall file an application with the Department and
10    shall:
11             (1)  Be 18 years of age.
12             (2)  Be of good  moral  character.   In  determining
13        moral  character  under  this Section, the Department may
14        take into consideration whether the applicant has engaged
15        in conduct or activities that  would  constitute  grounds
16        for discipline under this Act.
17             (3)  Each   applicant   for   certification   as   a
18        euthanasia  technician shall have his or her fingerprints
19        submitted  to  the  Department  of  State  Police  in  an
20        electronic format that complies with the form and  manner
21        for  requesting  and  furnishing  criminal history record
22        information as prescribed  by  the  Department  of  State
23        Police.   These fingerprints shall be checked against the
24        Department  of  State  Police  and  Federal   Bureau   of
25        Investigation  criminal  history record databases now and
26        hereafter filed.  The Department of  State  Police  shall
27        charge  applicants  a  fee  for  conducting  the criminal
28        history records check, which shall be  deposited  in  the
29        State  Police  Services  Fund  and  shall  not exceed the
30        actual cost of the  records  check.   The  Department  of
31        State   Police   shall   furnish,  pursuant  to  positive
 
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 1        identification, records of Illinois  convictions  to  the
 2        Department.  Submit  fingerprints  to  the Illinois State
 3        Police or its designated vendor as  set  forth  by  rule.
 4        These  fingerprints shall be checked against the Illinois
 5        State Police and Federal Bureau of Investigation criminal
 6        history  record  databases.   A  separate  fee  shall  be
 7        charged to  the  applicant  for  fingerprinting,  payable
 8        either  to the Department or the Illinois State Police or
 9        its designated vendor.
10             (4)  Hold a current license  or  certification  from
11        the  American  Humane  Association,  the  National Animal
12        Control Association, the Illinois  Federation  of  Humane
13        Societies,  or  the  Humane  Society of the United States
14        issued within 3 years preceding the date of application.
15        For a period of 12 months after  the  adoption  of  final
16    administrative rules for this Act, the Department may issue a
17    certification   to  an  applicant  who  holds  a  license  or
18    certification  from  the  American  Humane  Association,  the
19    National Animal Control Association, the Illinois  Federation
20    of  Humane  Societies,  or  the  Humane Society of the United
21    States issued after January 1, 1997.
22             (5)  Pay the required fee.
23        (b)  The duties of a euthanasia technician shall  include
24    but are not limited to:
25             (1)  preparing  animals  for euthanasia and scanning
26        each animal, prior to euthanasia, for microchips;
27             (2)  accurately recording the  dosages  administered
28        and the amount of drugs wasted;
29             (3)  ordering supplies;
30             (4)  maintaining  the  security  of  all  controlled
31        substances and drugs;
32             (5)  humanely  euthanizing  animals  via intravenous
33        injection by hypodermic needle, intraperitoneal injection
34        by hypodermic needle, solutions or powder added  to  food
 
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 1        or  by  mouth,  intracardiac  injection  only on comatose
 2        animals by hypodermic needle, or  carbon  monoxide  in  a
 3        commercially manufactured chamber; and
 4             (6)  properly  disposing of euthanized animals after
 5        verification of death.
 6        (c)  A euthanasia technician  employed  by  a  euthanasia
 7    agency  may  perform  euthanasia  by  the administration of a
 8    Schedule II or Schedule III nonnarcotic controlled substance.
 9    A euthanasia technician may not personally possess, order, or
10    administer a controlled substance except as an agent  of  the
11    euthanasia agency.
12        (d)  Upon   termination   from  a  euthanasia  agency,  a
13    euthanasia technician shall  not  perform  animal  euthanasia
14    until  he  or she is employed by another certified euthanasia
15    agency.
16        (e)  A certified euthanasia technician or  an  instructor
17    in  an  approved  course  does  not engage in the practice of
18    veterinary medicine when performing duties set forth in  this
19    Act.
20    (Source: P.A. 92-449, eff. 1-1-02.)

21        (510 ILCS 72/55)
22        Sec. 55.  Endorsement.  An applicant, who is a euthanasia
23    technician  registered  or licensed under the laws of another
24    state or territory of the United States that has requirements
25    that are substantially similar to the  requirements  of  this
26    Act,  may be granted certification as a euthanasia technician
27    in  this   State   without   examination,   upon   presenting
28    satisfactory  proof  to the Department that the applicant has
29    been engaged in the practice of euthanasia for  a  period  of
30    not  less than one year and upon payment of the required fee.
31    In addition, an applicant shall have his or her  fingerprints
32    submitted to the Department of State Police for purposes of a
33    criminal  history  records check pursuant to clause (a)(3) of
 
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 1    Section 35.
 2    (Source: P.A. 92-449, eff. 1-1-02.)

 3        (510 ILCS 72/57)
 4        Sec. 57.  Procedures for euthanasia.
 5        (a)  Only euthanasia drugs  and  commercially  compressed
 6    carbon  monoxide,  subject  to  the limitations imposed under
 7    subsection (b) of this Section, shall be used for the purpose
 8    of humanely euthanizing injured, sick, homeless, or  unwanted
 9    companion  animals  in an animal shelter or an animal control
10    facility licensed under the Illinois Animal Welfare Act.
11        (b)  Commercially compressed carbon monoxide may be  used
12    as  a  permitted  method  of  euthanasia  provided that it is
13    performed in a commercially manufactured chamber pursuant  to
14    the  guidelines  set  forth  in the most recent report of the
15    AVMA Panel on Euthanasia.  A  chamber  that  is  designed  to
16    euthanize  more  than  one  animal at a time must be equipped
17    with independent sections or cages to  separate  incompatible
18    animals.  The  interior  of  the chamber must be well lit and
19    equipped with view-ports, a  regulator,  and  a  flow  meter.
20    Monitoring  equipment  must  be  used at all times during the
21    operation.  Animals that are under  4  months  of  age,  old,
22    injured,  or  sick  may not be euthanized by carbon monoxide.
23    Animals shall remain in the chamber  and  be  exposed  for  a
24    minimum  of 20 minutes. Staff members shall be fully notified
25    of potential health risks.
26        (c)  Animals cannot be transported beyond State lines for
27    the sole purpose of euthanasia unless the euthanasia  methods
28    comply  with  subsection  (a)  or (b) of this Section and the
29    euthanasia is performed by a certified euthanasia technician.
30    (Source: P.A. 92-449, eff. 1-1-02.)

31        (510 ILCS 72/50 rep.)
32        Section 10.  The Humane Euthanasia in Animal Shelters Act
 
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 1    is amended by repealing Section 50.

 2        Section 15.  The Illinois Controlled  Substances  Act  is
 3    amended  by changing Sections 102, 302, 303, 303.05, 304, and
 4    306 as follows:

 5        (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
 6        Sec. 102.  Definitions.  As used in this Act, unless  the
 7    context otherwise requires:
 8        (a)  "Addict"  means  any  person who habitually uses any
 9    drug,  chemical,  substance  or  dangerous  drug  other  than
10    alcohol so as to endanger the public morals,  health,  safety
11    or  welfare  or  who  is  so  far  addicted  to  the use of a
12    dangerous drug or controlled substance other than alcohol  as
13    to  have lost the power of self control with reference to his
14    addiction.
15        (b)  "Administer"  means  the  direct  application  of  a
16    controlled  substance,  whether  by  injection,   inhalation,
17    ingestion,  or  any other means, to the body of a patient, or
18    research  subject,  or  animal  (as  defined  by  the  Humane
19    Euthanasia in Animal Shelters Act) by:
20             (1)  a practitioner (or, in  his  presence,  by  his
21        authorized agent), or
22             (2)  the  patient  or research subject at the lawful
23        direction of the practitioner, or.
24             (3)  a  euthanasia  technician  as  defined  by  the
25        Humane Euthanasia in Animal Shelters Act.
26        (c)  "Agent" means  an  authorized  person  who  acts  on
27    behalf of or at the direction of a manufacturer, distributor,
28    or  dispenser.   It  does  not  include  a common or contract
29    carrier, public warehouseman or employee of  the  carrier  or
30    warehouseman.
31        (c-1)  "Anabolic  Steroids"  means  any  drug or hormonal
32    substance,  chemically  and  pharmacologically   related   to
 
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 1    testosterone   (other   than   estrogens,   progestins,   and
 2    corticosteroids) that promotes muscle growth, and includes:
 3                  (i)  boldenone,
 4                  (ii)  chlorotestosterone,
 5                  (iii)  chostebol,
 6                  (iv)  dehydrochlormethyltestosterone,
 7                  (v)  dihydrotestosterone,
 8                  (vi)  drostanolone,
 9                  (vii)  ethylestrenol,
10                  (viii)  fluoxymesterone,
11                  (ix)  formebulone,
12                  (x)  mesterolone,
13                  (xi)  methandienone,
14                  (xii)  methandranone,
15                  (xiii)  methandriol,
16                  (xiv)  methandrostenolone,
17                  (xv)  methenolone,
18                  (xvi)  methyltestosterone,
19                  (xvii)  mibolerone,
20                  (xviii)  nandrolone,
21                  (xix)  norethandrolone,
22                  (xx)  oxandrolone,
23                  (xxi)  oxymesterone,
24                  (xxii)  oxymetholone,
25                  (xxiii)  stanolone,
26                  (xxiv)  stanozolol,
27                  (xxv)  testolactone,
28                  (xxvi)  testosterone,
29                  (xxvii)  trenbolone, and
30                  (xxviii)  any  salt, ester, or isomer of a drug
31             or substance described or listed in this  paragraph,
32             if  that  salt,  ester,  or  isomer  promotes muscle
33             growth.
34        Any person who is otherwise lawfully in possession of  an
 
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 1    anabolic  steroid,  or  who  otherwise lawfully manufactures,
 2    distributes, dispenses, delivers, or possesses with intent to
 3    deliver  an  anabolic  steroid,  which  anabolic  steroid  is
 4    expressly  intended  for   and   lawfully   allowed   to   be
 5    administered  through implants to livestock or other nonhuman
 6    species, and which is approved by the Secretary of Health and
 7    Human Services for such administration, and which the  person
 8    intends  to  administer  or  have  administered  through such
 9    implants, shall not  be  considered  to  be  in  unauthorized
10    possession   or   to   unlawfully   manufacture,  distribute,
11    dispense, deliver, or possess with  intent  to  deliver  such
12    anabolic steroid for purposes of this Act.
13        (d)  "Administration"    means   the   Drug   Enforcement
14    Administration, United States Department of Justice,  or  its
15    successor agency.
16        (e)  "Control" means to add a drug or other substance, or
17    immediate  precursor,  to a Schedule under Article II of this
18    Act whether by transfer from another Schedule or otherwise.
19        (f)  "Controlled Substance" means a drug,  substance,  or
20    immediate  precursor  in  the Schedules of Article II of this
21    Act.
22        (g)  "Counterfeit   substance"   means    a    controlled
23    substance,  which,  or  the  container  or labeling of which,
24    without authorization bears the  trademark,  trade  name,  or
25    other  identifying  mark,  imprint,  number or device, or any
26    likeness  thereof,  of  a   manufacturer,   distributor,   or
27    dispenser  other  than  the  person who in fact manufactured,
28    distributed, or dispensed the substance.
29        (h)  "Deliver"   or   "delivery"   means   the    actual,
30    constructive   or  attempted  transfer  of  possession  of  a
31    controlled substance, with or without consideration,  whether
32    or not there is an agency relationship.
33        (i)  "Department"  means the Illinois Department of Human
34    Services (as successor to the Department  of  Alcoholism  and
 
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 1    Substance Abuse) or its successor agency.
 2        (j)  "Department of State Police" means the Department of
 3    State  Police  of  the  State  of  Illinois  or its successor
 4    agency.
 5        (k)  "Department of Corrections" means the Department  of
 6    Corrections of the State of Illinois or its successor agency.
 7        (l)  "Department  of  Professional  Regulation" means the
 8    Department  of  Professional  Regulation  of  the  State   of
 9    Illinois or its successor agency.
10        (m)  "Depressant" or "stimulant substance" means:
11             (1)  a  drug  which  contains  any  quantity  of (i)
12        barbituric acid or any of the salts  of  barbituric  acid
13        which  has been designated as habit forming under section
14        502 (d) of the Federal Food, Drug, and Cosmetic  Act  (21
15        U.S.C. 352 (d)); or
16             (2)  a  drug  which  contains  any  quantity  of (i)
17        amphetamine or methamphetamine and any of  their  optical
18        isomers;  (ii) any salt of amphetamine or methamphetamine
19        or any salt of an optical isomer of amphetamine; or (iii)
20        any substance which the Department, after  investigation,
21        has found to be, and by rule designated as, habit forming
22        because  of  its  depressant  or  stimulant effect on the
23        central nervous system; or
24             (3)  lysergic acid diethylamide; or
25             (4)  any drug  which  contains  any  quantity  of  a
26        substance  which the Department, after investigation, has
27        found to have,  and  by  rule  designated  as  having,  a
28        potential   for   abuse  because  of  its  depressant  or
29        stimulant effect on the central  nervous  system  or  its
30        hallucinogenic effect.
31        (n)  (Blank).
32        (o)  "Director"  means  the Director of the Department of
33    State Police or the Department of Professional Regulation  or
34    his designated agents.
 
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 1        (p)  "Dispense"  means  to deliver a controlled substance
 2    to an ultimate user or research subject by or pursuant to the
 3    lawful order of  a  prescriber,  including  the  prescribing,
 4    administering,  packaging, labeling, or compounding necessary
 5    to prepare the substance for that delivery.
 6        (q)  "Dispenser" means a practitioner who dispenses.
 7        (r)  "Distribute"  means  to  deliver,  other   than   by
 8    administering or dispensing, a controlled substance.
 9        (s)  "Distributor" means a person who distributes.
10        (t)  "Drug"  means  (1) substances recognized as drugs in
11    the   official   United   States   Pharmacopoeia,    Official
12    Homeopathic  Pharmacopoeia  of the United States, or official
13    National Formulary, or any supplement to  any  of  them;  (2)
14    substances  intended  for use in diagnosis, cure, mitigation,
15    treatment, or prevention of disease in man  or  animals;  (3)
16    substances (other than food) intended to affect the structure
17    of  any  function  of  the  body  of  man  or animals and (4)
18    substances intended for use as a  component  of  any  article
19    specified  in clause (1), (2), or (3) of this subsection.  It
20    does not include  devices  or  their  components,  parts,  or
21    accessories.
22        (t-5)  "Euthanasia  agency"  means an entity certified by
23    the Department of Professional Regulation for the purpose  of
24    animal  euthanasia  that  holds  an  animal  control facility
25    license or animal shelter license under  the  Animal  Welfare
26    Act.   A  euthanasia agency is authorized to purchase, store,
27    possess, and utilize Schedule II nonnarcotic and Schedule III
28    nonnarcotic drugs for the sole purpose of animal euthanasia.
29        (t-10)  "Euthanasia drugs" means Schedule II or  Schedule
30    III  substances  (nonnarcotic controlled substances) that are
31    used by  a  euthanasia  agency  for  the  purpose  of  animal
32    euthanasia.
33        (u)  "Good  faith" means the prescribing or dispensing of
34    a controlled substance  by  a  practitioner  in  the  regular
 
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 1    course  of professional treatment to or for any person who is
 2    under his treatment for a pathology or condition  other  than
 3    that  individual's  physical or psychological dependence upon
 4    or addiction to a controlled substance,  except  as  provided
 5    herein:   and  application  of the term to a pharmacist shall
 6    mean the dispensing of a controlled substance pursuant to the
 7    prescriber's order which in the professional judgment of  the
 8    pharmacist  is  lawful.   The  pharmacist  shall be guided by
 9    accepted professional standards including, but not limited to
10    the following, in making the judgment:
11             (1)  lack   of   consistency    of    doctor-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,
17             (5)  unusual  geographic  distances between patient,
18        pharmacist and prescriber,
19             (6)  consistent prescribing of habit-forming drugs.
20        (u-1)  "Home infusion services" means  services  provided
21    by   a   pharmacy   in   compounding   solutions  for  direct
22    administration to a patient in a private residence, long-term
23    care facility, or hospice setting  by  means  of  parenteral,
24    intravenous,   intramuscular,  subcutaneous,  or  intraspinal
25    infusion.
26        (v)  "Immediate precursor" means a substance:
27             (1)  which the Department has found  to  be  and  by
28        rule  designated  as  being a principal compound used, or
29        produced primarily for  use,  in  the  manufacture  of  a
30        controlled substance;
31             (2)  which  is  an  immediate  chemical intermediary
32        used or likely to be used  in  the  manufacture  of  such
33        controlled substance; and
34             (3)  the  control  of which is necessary to prevent,
 
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 1        curtail or  limit  the  manufacture  of  such  controlled
 2        substance.
 3        (w)  "Instructional   activities"   means   the  acts  of
 4    teaching, educating or  instructing  by  practitioners  using
 5    controlled  substances within educational facilities approved
 6    by the State Board of Education or its successor agency.
 7        (x)  "Local authorities" means a  duly  organized  State,
 8    County or Municipal peace unit or police force.
 9        (y)  "Look-alike substance" means a substance, other than
10    a  controlled  substance  which  (1)  by  overall dosage unit
11    appearance, including shape, color, size,  markings  or  lack
12    thereof,   taste,   consistency,  or  any  other  identifying
13    physical  characteristic  of  the  substance,  would  lead  a
14    reasonable  person  to  believe  that  the  substance  is   a
15    controlled  substance,  or  (2)  is  expressly  or  impliedly
16    represented  to  be  a controlled substance or is distributed
17    under circumstances which would lead a reasonable  person  to
18    believe that the substance is a controlled substance. For the
19    purpose  of  determining  whether the representations made or
20    the circumstances of the distribution would lead a reasonable
21    person to believe the substance to be a controlled  substance
22    under  this  clause (2) of subsection (y), the court or other
23    authority may consider the following factors in  addition  to
24    any other factor that may be relevant:
25             (a)  statements  made  by  the  owner  or  person in
26        control of the substance concerning its  nature,  use  or
27        effect;
28             (b)  statements  made to the buyer or recipient that
29        the substance may be resold for profit;
30             (c)  whether the substance is packaged in  a  manner
31        normally  used for the illegal distribution of controlled
32        substances;
33             (d)  whether   the   distribution    or    attempted
34        distribution  included an exchange of or demand for money
 
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 1        or other  property  as  consideration,  and  whether  the
 2        amount  of  the  consideration  was substantially greater
 3        than the reasonable retail market value of the substance.
 4        Clause (1) of this subsection (y) shall not  apply  to  a
 5    noncontrolled  substance in its finished dosage form that was
 6    initially introduced  into  commerce  prior  to  the  initial
 7    introduction  into  commerce of a controlled substance in its
 8    finished dosage form which it may substantially resemble.
 9        Nothing in this subsection (y) prohibits  the  dispensing
10    or   distributing  of  noncontrolled  substances  by  persons
11    authorized to dispense and distribute  controlled  substances
12    under  this Act, provided that such action would be deemed to
13    be carried out in good faith  under  subsection  (u)  if  the
14    substances involved were controlled substances.
15        Nothing  in  this subsection (y) or in this Act prohibits
16    the  manufacture,  preparation,   propagation,   compounding,
17    processing,  packaging, advertising or distribution of a drug
18    or drugs by any person registered pursuant to Section 510  of
19    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
20        (y-1)  "Mail-order  pharmacy"  means  a  pharmacy that is
21    located in a state of the United States, other than Illinois,
22    that delivers, dispenses or distributes, through  the  United
23    States  Postal  Service  or other common carrier, to Illinois
24    residents, any substance which requires a prescription.
25        (z)  "Manufacture"  means  the  production,  preparation,
26    propagation,  compounding,  conversion  or  processing  of  a
27    controlled  substance,  either  directly  or  indirectly,  by
28    extraction   from   substances   of   natural   origin,    or
29    independently  by  means  of  chemical  synthesis,  or  by  a
30    combination   of   extraction  and  chemical  synthesis,  and
31    includes any packaging or repackaging  of  the  substance  or
32    labeling  of  its  container,  except that this term does not
33    include:
34             (1)  by  an  ultimate  user,  the   preparation   or
 
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 1        compounding of a controlled substance for his own use; or
 2             (2)  by  a  practitioner,  or  his  authorized agent
 3        under  his  supervision,  the  preparation,  compounding,
 4        packaging, or labeling of a controlled substance:
 5                  (a)  as an incident  to  his  administering  or
 6             dispensing  of  a controlled substance in the course
 7             of his professional practice; or
 8                  (b)  as  an  incident   to   lawful   research,
 9             teaching or chemical analysis and not for sale.
10        (z-1)  "Methamphetamine manufacturing chemical" means any
11    of  the  following  chemicals or substances containing any of
12    the following chemicals:  benzyl  methyl  ketone,  ephedrine,
13    methyl   benzyl  ketone,  phenylacetone,  phenyl-2-propanone,
14    pseudoephedrine, or red phosphorous  or  any  of  the  salts,
15    optical   isomers,   or  salts  of  optical  isomers  of  the
16    above-listed chemicals.
17        (aa)  "Narcotic drug" means any of the following, whether
18    produced directly or indirectly by extraction from substances
19    of natural origin, or  independently  by  means  of  chemical
20    synthesis,  or  by  a  combination of extraction and chemical
21    synthesis:
22             (1)  opium  and  opiate,  and  any  salt,  compound,
23        derivative, or preparation of opium or opiate;
24             (2)  any  salt,  compound,  isomer,  derivative,  or
25        preparation thereof which  is  chemically  equivalent  or
26        identical  with  any  of  the  substances  referred to in
27        clause (1), but not including the isoquinoline  alkaloids
28        of opium;
29             (3)  opium poppy and poppy straw;
30             (4)  coca  leaves  and  any salts, compound, isomer,
31        salt of an isomer, derivative,  or  preparation  of  coca
32        leaves  including  cocaine  or  ecgonine,  and  any salt,
33        compound,  isomer,  derivative,  or  preparation  thereof
34        which is chemically equivalent or identical with  any  of
 
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 1        these  substances,  but  not  including decocainized coca
 2        leaves or extractions of coca leaves which do not contain
 3        cocaine or ecgonine (for the purpose of  this  paragraph,
 4        the   term  "isomer"  includes  optical,  positional  and
 5        geometric isomers).
 6        (bb)  "Nurse" means a registered nurse licensed under the
 7    Nursing and Advanced Practice Nursing Act.
 8        (cc)  (Blank).
 9        (dd)  "Opiate" means any substance  having  an  addiction
10    forming or addiction sustaining liability similar to morphine
11    or  being  capable of conversion into a drug having addiction
12    forming or addiction sustaining liability.
13        (ee)  "Opium  poppy"  means  the  plant  of  the  species
14    Papaver somniferum L., except its seeds.
15        (ff)  "Parole and Pardon  Board"  means  the  Parole  and
16    Pardon  Board  of  the  State  of  Illinois  or its successor
17    agency.
18        (gg)  "Person"   means   any   individual,   corporation,
19    mail-order pharmacy, government or  governmental  subdivision
20    or  agency,  business  trust,  estate,  trust, partnership or
21    association, or any other entity.
22        (hh)  "Pharmacist"  means  any   person   who   holds   a
23    certificate  of  registration  as  a registered pharmacist, a
24    local  registered  pharmacist  or  a   registered   assistant
25    pharmacist under the Pharmacy Practice Act of 1987.
26        (ii)  "Pharmacy"  means any store, ship or other place in
27    which pharmacy  is  authorized  to  be  practiced  under  the
28    Pharmacy Practice Act of 1987.
29        (jj)  "Poppy straw" means all parts, except the seeds, of
30    the opium poppy, after mowing.
31        (kk)  "Practitioner"   means   a  physician  licensed  to
32    practice medicine in all its branches,  dentist,  podiatrist,
33    veterinarian,  scientific investigator, pharmacist, physician
34    assistant, advanced practice nurse, licensed practical nurse,
 
HB0648 Enrolled             -15-     LRB093 07281 BDD 07440 b
 1    registered nurse, hospital, laboratory, or pharmacy, or other
 2    person licensed, registered, or otherwise lawfully  permitted
 3    by  the  United States or this State to distribute, dispense,
 4    conduct research  with  respect  to,  administer  or  use  in
 5    teaching  or chemical analysis, a controlled substance in the
 6    course of professional practice or research.
 7        (ll)  "Pre-printed   prescription"   means   a    written
 8    prescription   upon   which  the  designated  drug  has  been
 9    indicated prior to the time of issuance.
10        (mm)  "Prescriber" means a physician licensed to practice
11    medicine  in  all  its  branches,  dentist,   podiatrist   or
12    veterinarian who issues a prescription, a physician assistant
13    who  issues  a  prescription  for  a  Schedule  III, IV, or V
14    controlled substance in accordance with  Section  303.05  and
15    the  written  guidelines  required  under  Section 7.5 of the
16    Physician Assistant Practice Act  of  1987,  or  an  advanced
17    practice nurse with prescriptive authority in accordance with
18    Section  303.05  and  a written collaborative agreement under
19    Sections 15-15 and 15-20 of the Nursing and Advanced Practice
20    Nursing Act.
21        (nn)  "Prescription" means a lawful  written,  facsimile,
22    or  verbal order of a physician licensed to practice medicine
23    in all its branches, dentist, podiatrist or veterinarian  for
24    any  controlled  substance,  of  a  physician assistant for a
25    Schedule III, IV, or V  controlled  substance  in  accordance
26    with Section 303.05 and the written guidelines required under
27    Section  7.5 of the Physician Assistant Practice Act of 1987,
28    or of an advanced practice nurse who  issues  a  prescription
29    for  a  Schedule  III,  IV,  or  V  controlled  substance  in
30    accordance  with  Section  303.05 and a written collaborative
31    agreement under Sections 15-15 and 15-20 of the  Nursing  and
32    Advanced Practice Nursing Act.
33        (oo)  "Production"   or   "produce"   means  manufacture,
34    planting, cultivating, growing, or harvesting of a controlled
 
HB0648 Enrolled             -16-     LRB093 07281 BDD 07440 b
 1    substance.
 2        (pp)  "Registrant" means every person who is required  to
 3    register under Section 302 of this Act.
 4        (qq)  "Registry number" means the number assigned to each
 5    person  authorized  to handle controlled substances under the
 6    laws of the United States and of this State.
 7        (rr)  "State" includes the  State  of  Illinois  and  any
 8    state,  district, commonwealth, territory, insular possession
 9    thereof, and any area subject to the legal authority  of  the
10    United States of America.
11        (ss)  "Ultimate   user"   means  a  person  who  lawfully
12    possesses a controlled substance for his own use or  for  the
13    use  of  a member of his household or for administering to an
14    animal owned by him or by a member of his household.
15    (Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03.)

16        (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
17        Sec. 302. (a) Every person who manufactures, distributes,
18    or  dispenses  any  controlled  substances,  or  engages   in
19    chemical analysis, and instructional activities which utilize
20    controlled   substances,   or   who   purchases,  stores,  or
21    administers  euthanasia  drugs,  within  this  State  or  who
22    proposes to  engage  in  the  manufacture,  distribution,  or
23    dispensing  of  any  controlled  substance,  or  to engage in
24    chemical analysis, and instructional activities which utilize
25    controlled substances, or to engage in  purchasing,  storing,
26    or  administering  euthanasia  drugs, within this State, must
27    obtain  a  registration   issued   by   the   Department   of
28    Professional  Regulation  in  accordance with its rules.  The
29    rules shall include, but  not  be  limited  to,  setting  the
30    expiration  date  and  renewal  period  for each registration
31    under this Act. The Department, and any facility  or  service
32    licensed   by  the  Department,  shall  be  exempt  from  the
33    regulation requirements of this Section.
 
HB0648 Enrolled             -17-     LRB093 07281 BDD 07440 b
 1        (b)  Persons registered by the Department of Professional
 2    Regulation under this  Act  to  manufacture,  distribute,  or
 3    dispense   controlled  substances,  or  purchase,  store,  or
 4    administer  euthanasia  drugs,  may   possess,   manufacture,
 5    distribute, or dispense those substances, or purchase, store,
 6    or  administer  euthanasia drugs, to the extent authorized by
 7    their  registration  and  in  conformity   with   the   other
 8    provisions of this Article.
 9        (c)  The  following  persons  need  not  register and may
10    lawfully possess controlled substances under this Act:
11             (1)  an  agent  or  employee   of   any   registered
12        manufacturer, distributor, or dispenser of any controlled
13        substance  if  he  is  acting  in the usual course of his
14        employer's lawful business or employment;
15             (2)  a common or contract carrier  or  warehouseman,
16        or  an agent or employee thereof, whose possession of any
17        controlled substance is in the  usual  lawful  course  of
18        such business or employment;
19             (3)  an  ultimate  user or a person in possession of
20        any   controlled   substance   pursuant   to   a   lawful
21        prescription of a practitioner or in lawful possession of
22        a Schedule V substance;
23             (4)  officers and employees of this State or of  the
24        United  States while acting in the lawful course of their
25        official duties which requires possession  of  controlled
26        substances;
27             (5)  a  registered pharmacist who is employed in, or
28        the owner of, a pharmacy licensed under this Act and  the
29        Federal   Controlled  Substances  Act,  at  the  licensed
30        location, or if he is acting in the usual course  of  his
31        lawful profession, business, or employment.
32        (d)  A separate registration is required at each place of
33    business   or   professional  practice  where  the  applicant
34    manufactures,   distributes,    or    dispenses    controlled
 
HB0648 Enrolled             -18-     LRB093 07281 BDD 07440 b
 1    substances,  or  purchases, stores, or administers euthanasia
 2    drugs. Persons are required to obtain a separate registration
 3    for each place of business  or  professional  practice  where
 4    controlled  substances  are  located  or  stored.  A separate
 5    registration is not required for every location  at  which  a
 6    controlled substance may be prescribed.
 7        (e)  The  Department  of  Professional  Regulation or the
 8    Department  of  State  Police  may  inspect  the   controlled
 9    premises,  as  defined  in  Section  502  of  this  Act, of a
10    registrant or applicant for registration in  accordance  with
11    this  Act and the rules promulgated hereunder and with regard
12    to persons licensed by the  Department,  in  accordance  with
13    subsection  (bb)  of Section 30-5 of the Alcoholism and Other
14    Drug Abuse and Dependency Act and the rules  and  regulations
15    promulgated thereunder.
16    (Source: P.A. 87-711; 88-670, eff. 12-2-94.)

17        (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
18        Sec.  303.  (a) The Department of Professional Regulation
19    shall license an  applicant  to  manufacture,  distribute  or
20    dispense controlled substances included in Sections 204, 206,
21    208,  210  and  212  of  this  Act  or  purchase,  store,  or
22    administer  euthanasia  drugs  unless  it determines that the
23    issuance of that  license  would  be  inconsistent  with  the
24    public  interest.   In  determining  the public interest, the
25    Department of  Professional  Regulation  shall  consider  the
26    following:
27             (1)  maintenance   of   effective  controls  against
28        diversion of controlled substances into other than lawful
29        medical, scientific, or industrial channels;
30             (2)  compliance with applicable Federal,  State  and
31        local law;
32             (3)  any  convictions of the applicant under any law
33        of the United States or of  any  State  relating  to  any
 
HB0648 Enrolled             -19-     LRB093 07281 BDD 07440 b
 1        controlled substance;
 2             (4)  past   experience   in   the   manufacture   or
 3        distribution  of controlled substances, and the existence
 4        in the applicant's establishment  of  effective  controls
 5        against diversion;
 6             (5)  furnishing   by   the  applicant  of  false  or
 7        fraudulent material in any application filed  under  this
 8        Act;
 9             (6)  suspension  or  revocation  of  the applicant's
10        Federal  registration  to  manufacture,  distribute,   or
11        dispense  controlled  substances,  or purchase, store, or
12        administer euthanasia drugs,  as  authorized  by  Federal
13        law;
14             (7)  whether the applicant is suitably equipped with
15        the  facilities  appropriate  to  carry  on the operation
16        described in his application;
17             (8)  whether  the  applicant  is   of   good   moral
18        character   or,   if  the  applicant  is  a  partnership,
19        association, corporation or other  organization,  whether
20        the partners, directors, governing committee and managing
21        officers are of good moral character;
22             (9)  any  other  factors  relevant to and consistent
23        with the public health and safety; and
24             (10)  Evidence from court, medical disciplinary  and
25        pharmacy    board  records and those of State and Federal
26        investigatory bodies that the applicant has not  or  does
27        not prescribe controlled substances within the provisions
28        of this Act.
29        (b)  No  license  shall  be granted to or renewed for any
30    person who has within 5 years  been  convicted  of  a  wilful
31    violation  of  any law of the United States or any law of any
32    State relating to controlled substances, or who is  found  to
33    be  deficient in any of the matters enumerated in subsections
34    (a)(1) through (a)(8).
 
HB0648 Enrolled             -20-     LRB093 07281 BDD 07440 b
 1        (c)  Licensure under subsection (a) does  not  entitle  a
 2    registrant  to manufacture, distribute or dispense controlled
 3    substances in Schedules I or II other than those specified in
 4    the registration.
 5        (d)  Practitioners  who  are  licensed  to  dispense  any
 6    controlled  substances  in  Schedules  II   through   V   are
 7    authorized   to   conduct   instructional   activities   with
 8    controlled substances in Schedules II through V under the law
 9    of this State.
10        (e)  If an applicant for registration is registered under
11    the  Federal  law  to  manufacture,  distribute  or  dispense
12    controlled  substances,  or  purchase,  store,  or administer
13    euthanasia drugs, upon filing  a  completed  application  for
14    licensure   in  this  State  and  payment  of  all  fees  due
15    hereunder, he shall be licensed in this  State  to  the  same
16    extent  as  his  Federal registration, unless, within 30 days
17    after  completing  his  application  in   this   State,   the
18    Department  of Professional Regulation notifies the applicant
19    that his application has not been  granted.   A  practitioner
20    who  is  in  compliance  with the Federal law with respect to
21    registration to dispense controlled substances  in  Schedules
22    II  through  V  need only send a current copy of that Federal
23    registration to the Department of Professional Regulation and
24    he shall  be  deemed  in  compliance  with  the  registration
25    provisions of this State.
26        (e-5)  Beginning  July 1, 2003, all of the fees and fines
27    collected under this Section 303 shall be deposited into  the
28    Illinois State Pharmacy Disciplinary Fund.
29        (f)  The  fee  for  registration  as  a  manufacturer  or
30    wholesale  distributor  of  controlled  substances  shall  be
31    $50.00  per  year,  except that the fee for registration as a
32    manufacturer   or   wholesale   distributor   of   controlled
33    substances that may be dispensed without a prescription under
34    this Act shall be $15.00 per year.  The expiration  date  and
 
HB0648 Enrolled             -21-     LRB093 07281 BDD 07440 b
 1    renewal  period  for each controlled substance license issued
 2    under this Act shall be set by rule.
 3    (Source: P.A. 93-32, eff. 7-1-03.)

 4        (720 ILCS 570/303.05)
 5        Sec. 303.05.  Mid-level practitioner registration.
 6        (a)  The  Department  of  Professional  Regulation  shall
 7    register licensed physician assistants and licensed  advanced
 8    practice  nurses  to prescribe and dispense Schedule III, IV,
 9    or V controlled substances under Section 303  and  euthanasia
10    agencies  to  purchase, store, or administer euthanasia drugs
11    under the following circumstances:
12             (1)  with  respect  to   physician   assistants   or
13        advanced practice nurses,
14                  (A)  the   physician   assistant   or  advanced
15             practice  nurse  has  been  delegated   prescriptive
16             authority   by  a  physician  licensed  to  practice
17             medicine in all  its  branches  in  accordance  with
18             Section  7.5 of the Physician Assistant Practice Act
19             of 1987 or Section 15-20 of the Nursing and Advanced
20             Practice Nursing Act; and
21                  (B) (2)  the physician  assistant  or  advanced
22             practice   nurse   has   completed  the  appropriate
23             application forms and has paid the required fees  as
24             set by rule; or.
25             (2)  with   respect   to  euthanasia  agencies,  the
26        euthanasia  agency  has  obtained  a  license  from   the
27        Department  of  Professional  Regulation  and  obtained a
28        registration number from the Department.
29        (b)  The mid-level practitioner shall only be licensed to
30    prescribe those schedules of controlled substances for  which
31    a  licensed  physician  has delegated prescriptive authority,
32    except  that  a  euthanasia  agency   does   not   have   any
33    prescriptive authority.
 
HB0648 Enrolled             -22-     LRB093 07281 BDD 07440 b
 1        (c)  Upon  completion  of  all registration requirements,
 2    physician  assistants,  and  advanced  practice  nurses,  and
 3    euthanasia agencies shall be issued a mid-level  practitioner
 4    controlled substances license for Illinois.
 5    (Source: P.A. 90-818, eff. 3-23-99.)

 6        (720 ILCS 570/304) (from Ch. 56 1/2, par. 1304)
 7        Sec.  304.   (a)  A  registration  under  Section  303 to
 8    manufacture, distribute, or dispense a  controlled  substance
 9    or  purchase,  store,  or  administer euthanasia drugs may be
10    suspended  or  revoked  by  the  Department  of  Professional
11    Regulation upon a finding that the registrant:
12        (1)  has  furnished  any  false  or  fraudulent  material
13    information in any application filed under this Act; or
14        (2)  has been convicted of a felony under any law of  the
15    United  States  or  any  State  relating  to  any  controlled
16    substance; or
17        (3)  has   had   suspended   or   revoked   his   Federal
18    registration   to   manufacture,   distribute,   or  dispense
19    controlled  substances  or  purchase,  store,  or  administer
20    euthanasia drugs; or
21        (4)  has been convicted of  bribery,  perjury,  or  other
22    infamous  crime under the laws of the United States or of any
23    State; or
24        (5)  has violated any provision of this Act or any  rules
25    promulgated  hereunder,  whether or not he has been convicted
26    of such violation; or
27        (6)  has failed to provide effective controls against the
28    diversion of controlled substances in other  than  legitimate
29    medical, scientific or industrial channels.
30        (b)  The  Department of Professional Regulation may limit
31    revocation or suspension of a registration to the  particular
32    controlled  substance  with  respect  to  which  grounds  for
33    revocation or suspension exist.
 
HB0648 Enrolled             -23-     LRB093 07281 BDD 07440 b
 1        (c)  The  Department  of  Professional  Regulation  shall
 2    promptly  notify  the  Administration, the Department and the
 3    Department of State Police or their  successor  agencies,  of
 4    all  orders denying, suspending or revoking registration, all
 5    forfeitures of controlled substances,  and  all  final  court
 6    dispositions,   if   any,   of   such  denials,  suspensions,
 7    revocations or forfeitures.
 8        (d)  If  Federal  registration  of  any   registrant   is
 9    suspended, revoked, refused renewal or refused issuance, then
10    the  Department  of  Professional  Regulation  shall  issue a
11    notice and conduct a hearing in accordance with  Section  305
12    of this Act.
13    (Source: P.A. 85-1209.)

14        (720 ILCS 570/306) (from Ch. 56 1/2, par. 1306)
15        Sec.  306.  Every practitioner and person who is required
16    under this Act to be registered to manufacture, distribute or
17    dispense  controlled  substances  or  purchase,   store,   or
18    administer euthanasia drugs under this Act shall keep records
19    and    maintain   inventories   in   conformance   with   the
20    recordkeeping and inventory requirements of the laws  of  the
21    United  States and with any additional rules and forms issued
22    by the Department of Professional Regulation.
23    (Source: P.A. 89-202, eff. 10-1-95.)

24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.