|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning criminal law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Methamphetamine Precursor Control Act is | ||||||
5 | amended by changing Sections 10, 25, 40, 45, and 55 and by | ||||||
6 | adding Sections 36, 37, 38, 39, and 39.5 as follows: | ||||||
7 | (720 ILCS 648/10) | ||||||
8 | Sec. 10. Definitions. In this Act: | ||||||
9 | "Administer" or "administration" has the meaning provided | ||||||
10 | in Section 102 of the Illinois Controlled Substances Act. | ||||||
11 | "Agent" has the meaning provided in Section 102 of the | ||||||
12 | Illinois Controlled Substances Act. | ||||||
13 | "Authorized representative" means an employee or agent of a | ||||||
14 | qualified outside entity who has been authorized in writing by | ||||||
15 | his or her agency or office to receive confidential information | ||||||
16 | from the database associated with the Williamson County Pilot | ||||||
17 | Program. | ||||||
18 | "Central Repository" means the entity chosen by the | ||||||
19 | Williamson County Pilot Program Authority to handle electronic | ||||||
20 | transaction records as described in Sections 36, 37, 38, 39, | ||||||
21 | and 39.5 of this Act. | ||||||
22 | "Convenience package" means any package that contains 360 | ||||||
23 | milligrams or less of ephedrine or pseudoephedrine, their salts |
| |||||||
| |||||||
1 | or optical isomers, or salts of optical isomers in liquid or | ||||||
2 | liquid-filled capsule form. | ||||||
3 | "Covered pharmacy" means any pharmacy that distributes any | ||||||
4 | amount of targeted methamphetamine precursor and that is | ||||||
5 | physically located in any of the following Illinois counties: | ||||||
6 | Franklin, Jackson, Johnson, Saline, Union, or Williamson. | ||||||
7 | "Deliver" has the meaning provided in Section 102 of the | ||||||
8 | Illinois Controlled Substances Act. | ||||||
9 | "Dispense" has the meaning provided in Section 102 of the | ||||||
10 | Illinois Controlled Substances Act.
| ||||||
11 | "Distribute" has the meaning provided in Section 102 of the | ||||||
12 | Illinois Controlled Substances Act. | ||||||
13 | "Electronic transaction record" means, with respect to the | ||||||
14 | distribution of a targeted methamphetamine precursor by a | ||||||
15 | pharmacy to a recipient under Section 25 of this Act, an | ||||||
16 | electronic record that includes: the name and address of the | ||||||
17 | recipient; date and time of the transaction; brand and product | ||||||
18 | name and total quantity distributed of ephedrine or | ||||||
19 | pseudoephedrine, their salts, or optical isomers, or salts of | ||||||
20 | optical isomers; identification type and identification number | ||||||
21 | of the identification presented by the recipient; and the name | ||||||
22 | and address of the pharmacy. | ||||||
23 | "Identification information" means identification type and | ||||||
24 | identification number. | ||||||
25 | "Identification number" means the number that appears on | ||||||
26 | the identification furnished by the recipient of a targeted |
| |||||||
| |||||||
1 | methamphetamine precursor. | ||||||
2 | "Identification type" means the type of identification | ||||||
3 | furnished by the recipient of a targeted methamphetamine | ||||||
4 | precursor such as, by way of example only, an Illinois driver's | ||||||
5 | license or United States passport. | ||||||
6 | "List I chemical" has the meaning provided in 21 U.S.C. | ||||||
7 | Section 802. | ||||||
8 | "Methamphetamine precursor" has the meaning provided in | ||||||
9 | Section 10 of the Methamphetamine Control and Community | ||||||
10 | Protection Act. | ||||||
11 | "Methamphetamine Precursor Violation Alert" means a notice | ||||||
12 | sent by the Pilot Program Authority to pharmacies, retail | ||||||
13 | distributors, or law enforcement authorities as described in | ||||||
14 | subsection (h) of Section 39.5 of this Act. | ||||||
15 | "Non-covered pharmacy" means any pharmacy that is not a | ||||||
16 | covered pharmacy. | ||||||
17 | "Package" means an item packaged and marked for retail sale | ||||||
18 | that is not designed to be further broken down or subdivided | ||||||
19 | for the purpose of retail sale. | ||||||
20 | "Pharmacist" has the meaning provided in Section 102 of the | ||||||
21 | Illinois Controlled Substances Act.
| ||||||
22 | "Pharmacy" has the meaning provided in Section 102 of the | ||||||
23 | Illinois Controlled Substances Act. | ||||||
24 | "Practitioner" has the meaning provided in Section 102 of | ||||||
25 | the Illinois Controlled Substances Act. | ||||||
26 | "Prescriber" has the meaning provided in Section 102 of the |
| |||||||
| |||||||
1 | Illinois Controlled Substances Act. | ||||||
2 | "Prescription" has the meaning provided in Section 102 of | ||||||
3 | the Illinois Controlled Substances Act. | ||||||
4 | "Qualified outside entity" means a law enforcement agency | ||||||
5 | or prosecutor's office with authority to identify, | ||||||
6 | investigate, or prosecute violations of this Act or any other | ||||||
7 | State or federal law or rule involving a methamphetamine | ||||||
8 | precursor, methamphetamine, or any other controlled substance, | ||||||
9 | or a public entity that operates a methamphetamine precursor | ||||||
10 | tracking program similar in purpose to the Williamson County | ||||||
11 | Pilot Program. | ||||||
12 | "Readily retrievable" has the meaning provided in 21 C.F.R. | ||||||
13 | part 1300. | ||||||
14 | "Recipient" means a person purchasing, receiving, or | ||||||
15 | otherwise acquiring a targeted methamphetamine precursor from | ||||||
16 | a pharmacy in Illinois, as described in Section 25 of this Act. | ||||||
17 | "Reporting start date" means the date on which covered | ||||||
18 | pharmacies begin transmitting electronic transaction records | ||||||
19 | and exempt pharmacies begin sending handwritten logs, as | ||||||
20 | described in subsection (b) of Section 39 of this Act. | ||||||
21 | "Retail distributor" means a grocery store, general | ||||||
22 | merchandise store, drug store, other merchandise store, or | ||||||
23 | other entity or person whose activities as a distributor | ||||||
24 | relating to drug products containing targeted methamphetamine | ||||||
25 | precursor are limited exclusively or almost exclusively to | ||||||
26 | sales for personal use by an ultimate user, both in number of |
| |||||||
| |||||||
1 | sales and volume of sales, either directly to walk-in customers | ||||||
2 | or in face-to-face transactions by direct sales. | ||||||
3 | "Sales employee" means any employee or agent, other than a | ||||||
4 | pharmacist or pharmacy technician who works exclusively or | ||||||
5 | almost exclusively behind a pharmacy counter, who at any time | ||||||
6 | (a) operates a cash register at which convenience
targeted | ||||||
7 | packages may be sold, (b) stocks shelves containing convenience
| ||||||
8 | targeted packages, or (c) trains or supervises any other | ||||||
9 | employee or agent who engages in any of the preceding | ||||||
10 | activities. | ||||||
11 | "Single retail transaction" means a sale by a retail | ||||||
12 | distributor to a specific customer at a specific time. | ||||||
13 | "Targeted methamphetamine precursor" means any compound, | ||||||
14 | mixture, or preparation that contains any detectable quantity | ||||||
15 | of ephedrine or pseudoephedrine, their salts or optical | ||||||
16 | isomers, or salts of optical isomers. | ||||||
17 | "Targeted package" means a package, including a | ||||||
18 | convenience package, containing any amount of targeted | ||||||
19 | methamphetamine precursor. | ||||||
20 | "Ultimate user" has the meaning provided in Section 102 of | ||||||
21 | the Illinois Controlled Substances Act.
| ||||||
22 | "Williamson County Pilot Program" or "Pilot Program" means | ||||||
23 | the program described in Sections 36, 37, 38, 39, and 39.5 of | ||||||
24 | this Act. | ||||||
25 | "Williamson County Pilot Program Authority" or "Pilot | ||||||
26 | Program Authority" means the Williamson County Sheriff's |
| |||||||
| |||||||
1 | Office or its employees or agents. | ||||||
2 | "Voluntary participant" means any pharmacy that, although | ||||||
3 | not required by law to do so, participates in the Williamson | ||||||
4 | County Pilot Program. | ||||||
5 | (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.) | ||||||
6 | (720 ILCS 648/25) | ||||||
7 | Sec. 25. Pharmacies. | ||||||
8 | (a) No targeted methamphetamine precursor may be knowingly | ||||||
9 | distributed through a pharmacy, including a pharmacy located | ||||||
10 | within, owned by, operated by, or associated with a retail | ||||||
11 | distributor unless all terms of this Section are satisfied. | ||||||
12 | (b) Any targeted methamphetamine precursor other than a | ||||||
13 | convenience package or a liquid, including but not limited to | ||||||
14 | any targeted methamphetamine precursor in liquid-filled | ||||||
15 | capsules, shall: be packaged in blister packs, with each | ||||||
16 | blister containing not more than 2 dosage units, or when the | ||||||
17 | use of blister packs is technically infeasible, in unit dose | ||||||
18 | packets. Each targeted package shall contain no more than 3,000 | ||||||
19 | milligrams of ephedrine or pseudoephedrine, their salts or | ||||||
20 | optical isomers, or salts of optical isomers.
| ||||||
21 | (c) The targeted methamphetamine precursor shall be stored | ||||||
22 | behind the pharmacy counter and distributed by a pharmacist or | ||||||
23 | pharmacy technician licensed under the Pharmacy Practice Act of | ||||||
24 | 1987. | ||||||
25 | (d) Any retail distributor operating a pharmacy, and any |
| |||||||
| |||||||
1 | pharmacist or pharmacy technician involved in the transaction | ||||||
2 | or transactions, shall ensure that any person purchasing, | ||||||
3 | receiving, or otherwise acquiring the targeted methamphetamine | ||||||
4 | precursor complies with subsection (a) of Section 20 of this | ||||||
5 | Act.
| ||||||
6 | (e) Any retail distributor operating a pharmacy, and any | ||||||
7 | pharmacist or pharmacy technician involved in the transaction | ||||||
8 | or transactions, shall verify that: | ||||||
9 | (1) The person purchasing, receiving, or otherwise | ||||||
10 | acquiring the targeted methamphetamine precursor is 18 | ||||||
11 | years of age or older and resembles the photograph of the | ||||||
12 | person on the government-issued identification presented | ||||||
13 | by the person; and
| ||||||
14 | (2) The name entered into the log referred to in | ||||||
15 | subsection (a) of Section 20 of this Act corresponds to the | ||||||
16 | name on the government-issued identification presented by | ||||||
17 | the person.
| ||||||
18 | (f) The logs referred to in subsection (a) of Section 20 of | ||||||
19 | this Act shall be kept confidential, maintained for not less | ||||||
20 | than 2 years, and made available for inspection and copying by | ||||||
21 | any law enforcement officer upon request of that officer.
These | ||||||
22 | logs may be kept in an electronic format if they include all | ||||||
23 | the information specified in subsection (a) of Section 20 of | ||||||
24 | this Act in a manner that is readily retrievable and | ||||||
25 | reproducible in hard-copy format. Pharmacies covered by the | ||||||
26 | Williamson County Pilot Program described in Sections 36, 37, |
| |||||||
| |||||||
1 | 38, 39, and 39.5 of this Act are required to transmit | ||||||
2 | electronic transaction records or handwritten logs to the Pilot | ||||||
3 | Program Authority in the manner described in those Sections. | ||||||
4 | (g) No retail distributor operating a pharmacy, and no | ||||||
5 | pharmacist or pharmacy technician, shall knowingly distribute | ||||||
6 | any targeted methamphetamine precursor to any person under 18 | ||||||
7 | years of age. | ||||||
8 | (h) No retail distributor operating a pharmacy, and no | ||||||
9 | pharmacist or pharmacy technician, shall knowingly distribute | ||||||
10 | to a single person more than 2 targeted packages in a single | ||||||
11 | retail transaction. | ||||||
12 | (i) No retail distributor operating a pharmacy, and no | ||||||
13 | pharmacist or pharmacy technician, shall knowingly distribute | ||||||
14 | to a single person in any 30-day period products containing | ||||||
15 | more than a total of 7,500 milligrams of ephedrine or | ||||||
16 | pseudoephedrine, their salts or optical isomers, or salts of | ||||||
17 | optical isomers.
| ||||||
18 | (j) A pharmacist or pharmacy technician may distribute a | ||||||
19 | targeted methamphetamine precursor to a person who is without a | ||||||
20 | form of identification specified in paragraph (1) of subsection | ||||||
21 | (a) of Section 20 of this Act only if all other provisions of | ||||||
22 | this Act are followed and either: | ||||||
23 | (1) the person presents a driver's license issued | ||||||
24 | without a photograph by the State of Illinois pursuant to | ||||||
25 | the Illinois Administrative Code, Title 92, Section | ||||||
26 | 1030.90(b)(1) or 1030.90(b)(2); or |
| |||||||
| |||||||
1 | (2) the person is known to the pharmacist or pharmacy | ||||||
2 | technician, the person presents some form of | ||||||
3 | identification, and the pharmacist or pharmacy technician | ||||||
4 | reasonably believes that the targeted methamphetamine | ||||||
5 | precursor will be used for a legitimate medical purpose and | ||||||
6 | not to manufacture methamphetamine.
| ||||||
7 | (k) When a pharmacist or pharmacy technician distributes a | ||||||
8 | targeted methamphetamine precursor to a person according to the | ||||||
9 | procedures set forth in this Act, and the pharmacist or | ||||||
10 | pharmacy technician does not have access to a working cash | ||||||
11 | register at the pharmacy counter, the pharmacist or pharmacy | ||||||
12 | technician may instruct the person to pay for the targeted | ||||||
13 | methamphetamine precursor at a cash register located elsewhere | ||||||
14 | in the retail establishment, whether that register is operated | ||||||
15 | by a pharmacist, pharmacy technician, or other employee or | ||||||
16 | agent of the retail establishment.
| ||||||
17 | (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.) | ||||||
18 | (720 ILCS 648/36 new) | ||||||
19 | Sec. 36. Williamson County Pilot Program; general | ||||||
20 | provisions. | ||||||
21 | (a) Purposes. The purposes of this Section are: to | ||||||
22 | establish a pilot program based in Williamson County to track | ||||||
23 | purchases of targeted methamphetamine precursors at multiple | ||||||
24 | locations; to identify persons obtaining or distributing | ||||||
25 | targeted methamphetamine precursors for the likely purpose of |
| |||||||
| |||||||
1 | manufacturing methamphetamine; to starve methamphetamine | ||||||
2 | manufacturers of the methamphetamine precursors they need to | ||||||
3 | make methamphetamine; to locate and shut down methamphetamine | ||||||
4 | laboratories; and ultimately to reduce the harm that | ||||||
5 | methamphetamine manufacturing and manufacturers are inflicting | ||||||
6 | on individuals, families, communities, first responders, the | ||||||
7 | economy, and the environment in Illinois and beyond. In | ||||||
8 | authorizing this pilot program, the General Assembly | ||||||
9 | recognizes that, although this Act has significantly reduced | ||||||
10 | the number of methamphetamine laboratories in Illinois, some | ||||||
11 | persons continue to violate the Act, evade detection, and | ||||||
12 | support the manufacture of methamphetamine by obtaining | ||||||
13 | targeted methamphetamine precursor at multiple locations. The | ||||||
14 | General Assembly further recognizes that putting an end to this | ||||||
15 | practice and others like it will require an effort to track | ||||||
16 | purchases of targeted methamphetamine precursor across | ||||||
17 | multiple locations, and that a pilot program based in | ||||||
18 | Williamson County will advance this important goal. | ||||||
19 | (b) Structure. | ||||||
20 | (1) There is established a pilot program based in | ||||||
21 | Williamson County, known as the Williamson County Pilot | ||||||
22 | Program or Pilot Program, to track purchases of targeted | ||||||
23 | methamphetamine precursor across multiple locations for | ||||||
24 | the purposes stated in subsection (a) of this Section. | ||||||
25 | (2) The Pilot Program shall be operated by the | ||||||
26 | Williamson County Sheriff's Office, also known as the |
| |||||||
| |||||||
1 | Williamson County Pilot Program Authority or the Pilot | ||||||
2 | Program Authority, in accordance with the provisions of | ||||||
3 | Sections 36, 37, 38, 39, and 39.5 of this Act. | ||||||
4 | (3) The Pilot Program Authority shall designate a | ||||||
5 | Central Repository for the collection of required | ||||||
6 | information, and the Central Repository shall operate | ||||||
7 | according to the provisions of Sections 36, 37, 38, 39, and | ||||||
8 | 39.5 of this Act. | ||||||
9 | (4) Every covered pharmacy shall participate in the | ||||||
10 | Pilot Program, and any non-covered pharmacy may | ||||||
11 | participate on a voluntary basis and be known as a | ||||||
12 | voluntary participant. | ||||||
13 | (c) Transmission of electronic transaction records. Except | ||||||
14 | as provided in Section 39: | ||||||
15 | (1) Each time a covered pharmacy distributes a targeted | ||||||
16 | methamphetamine precursor to a recipient under Section 25 | ||||||
17 | of this Act, the covered pharmacy shall transmit an | ||||||
18 | electronic transaction record to the Central Repository. | ||||||
19 | (2) Each covered pharmacy shall elect to transmit | ||||||
20 | electronic transaction records either through the secure | ||||||
21 | website described in Section 37 of this Act or through | ||||||
22 | weekly electronic transfers as described in Section 38 of | ||||||
23 | this Act. | ||||||
24 | (d) Operation and Timeline for implementation. | ||||||
25 | (1) Except as stated in this subsection, this | ||||||
26 | amendatory Act of the 95th General Assembly shall be |
| |||||||
| |||||||
1 | operational upon becoming law. | ||||||
2 | (2) Covered pharmacies are not required to transmit any | ||||||
3 | electronic transaction records and exempt pharmacies are | ||||||
4 | not required to send any handwritten logs to the Central | ||||||
5 | Repository until the reporting start date set by the Pilot | ||||||
6 | Program Authority. | ||||||
7 | (3) The Pilot Program Authority shall announce the | ||||||
8 | "reporting start date" within 90 days of the date this | ||||||
9 | legislation is signed into law. | ||||||
10 | (4) The reporting start date shall be no sooner than 90 | ||||||
11 | days after the date on which the Pilot Program Authority | ||||||
12 | announces the reporting start date. | ||||||
13 | (5) Starting on the reporting start date, and | ||||||
14 | continuing for a period of one year thereafter, covered | ||||||
15 | pharmacies shall transmit electronic transaction records | ||||||
16 | as described in Sections 37 and 38 of this Act, and exempt | ||||||
17 | pharmacies shall send handwritten logs as described in | ||||||
18 | Section 39 of this Act. | ||||||
19 | (6) Nothing in this Act shall preclude covered | ||||||
20 | pharmacies and exempt pharmacies from voluntarily | ||||||
21 | participating in the Pilot Program before the start date or | ||||||
22 | continuing to participate in the Pilot Program after one | ||||||
23 | year after the reporting start date. | ||||||
24 | (e) Funding. Funding for the Pilot Program shall be | ||||||
25 | provided by the Williamson County Pilot Program Authority, | ||||||
26 | drawing upon federal grant money and other available sources. |
| |||||||
| |||||||
1 | If funding is delayed, curtailed, or otherwise unavailable, the | ||||||
2 | Pilot Program Authority may delay implementation of the Pilot | ||||||
3 | Program, reduce the number of counties covered by the Pilot | ||||||
4 | Program, or end the Pilot Program early. If any such change | ||||||
5 | becomes necessary, the Pilot Program Authority shall inform | ||||||
6 | every covered pharmacy in writing. | ||||||
7 | (f) Training. The Pilot Program Authority shall provide, | ||||||
8 | free of charge, training and assistance to any pharmacy playing | ||||||
9 | any role in the Pilot Program. | ||||||
10 | (g) Relationship between the Williamson County Pilot | ||||||
11 | Program and other laws and rules. Nothing in Sections 36, 37, | ||||||
12 | 38, 39, and 39.5 of this Act shall supersede, nullify, or | ||||||
13 | diminish the force of any requirement stated in any other | ||||||
14 | Section of this Act or in any other State or federal law or | ||||||
15 | rule. | ||||||
16 | (720 ILCS 648/37 new) | ||||||
17 | Sec. 37. Williamson County Pilot Program; secure website. | ||||||
18 | (a) Transmission of electronic transaction records through | ||||||
19 | a secure website; in general. | ||||||
20 | (1) The Pilot Program Authority shall establish a | ||||||
21 | secure website for the transmission of electronic | ||||||
22 | transaction records and electronic signatures and make it | ||||||
23 | available free of charge to any covered pharmacy that | ||||||
24 | elects to use it. | ||||||
25 | (2) The secure website shall enable any covered |
| |||||||
| |||||||
1 | pharmacy to transmit to the Central Repository an | ||||||
2 | electronic transaction record and an electronic signature | ||||||
3 | each time the pharmacy distributes a targeted | ||||||
4 | methamphetamine precursor to a recipient under Section 25 | ||||||
5 | of this Act. | ||||||
6 | (3) If the secure website becomes unavailable to a | ||||||
7 | covered pharmacy, the covered pharmacy may, during the | ||||||
8 | period in which the secure website is not available, | ||||||
9 | continue to distribute targeted methamphetamine precursor | ||||||
10 | without using the secure website if, during this period, | ||||||
11 | the covered pharmacy maintains and transmits handwritten | ||||||
12 | logs as described in subsection (b) of Section 39 of this | ||||||
13 | Act. | ||||||
14 | (b) Assistance to covered pharmacies using the secure | ||||||
15 | website. | ||||||
16 | (1) The purpose of this subsection is to ensure that | ||||||
17 | participation in the Pilot Program does not impose | ||||||
18 | substantial costs on covered pharmacies that elect to | ||||||
19 | transmit electronic transaction records to the Central | ||||||
20 | Repository by means of the secure website. | ||||||
21 | (2) If a covered pharmacy that elects to transmit | ||||||
22 | electronic transaction records by means of the secure | ||||||
23 | website does not have computer hardware or software or | ||||||
24 | related equipment sufficient to make use of the secure | ||||||
25 | website, then the covered pharmacy may obtain and install | ||||||
26 | such hardware or software or related equipment at its own |
| |||||||
| |||||||
1 | cost, or it may request assistance from the Pilot Program | ||||||
2 | Authority, or some combination of the 2. | ||||||
3 | (3) If a covered pharmacy requests such assistance, | ||||||
4 | then the Pilot Program Authority shall, free of charge, | ||||||
5 | provide and install any computer hardware or software or | ||||||
6 | related equipment needed. | ||||||
7 | (4) Nothing in this subsection shall preclude the Pilot | ||||||
8 | Program Authority from providing additional or other | ||||||
9 | assistance to any pharmacy or retail distributor. | ||||||
10 | (c) Any covered pharmacy that elects to transmit electronic | ||||||
11 | transaction records by means of the secure website described in | ||||||
12 | this Section may use the secure website as its exclusive means | ||||||
13 | of complying with subsections (d) and (f) of Section 25 of this | ||||||
14 | Act, provided that, along with each electronic transaction | ||||||
15 | record, the pharmacy also transmits an electronically-captured | ||||||
16 | signature of the recipient of the targeted methamphetamine | ||||||
17 | precursor. To facilitate this option, the Pilot Program shall | ||||||
18 | do the following: | ||||||
19 | (1) The Pilot Program Authority shall provide to any | ||||||
20 | covered pharmacy that requests it an electronic signature | ||||||
21 | pad or other means of electronic signature capture. | ||||||
22 | (2) The Pilot Program Authority shall provide the | ||||||
23 | covered pharmacy with an official letter indicating that: | ||||||
24 | (A) The covered pharmacy in question is | ||||||
25 | participating in the Williamson County Pilot Program | ||||||
26 | for a specified period of time. |
| |||||||
| |||||||
1 | (B) During the specified period of time, the Pilot | ||||||
2 | Program Authority has assumed responsibility for | ||||||
3 | maintaining the logs described in subsection (f) of | ||||||
4 | Section 25 of this Act. | ||||||
5 | (C) Any law enforcement officer seeking to inspect | ||||||
6 | or copy the covered pharmacy's logs should direct the | ||||||
7 | request to the Pilot Program Authority through means | ||||||
8 | described in the letter. | ||||||
9 | (720 ILCS 648/38 new) | ||||||
10 | Sec. 38. Williamson County Pilot Program; weekly | ||||||
11 | electronic transfer. | ||||||
12 | (a) Weekly electronic transfer; in general. | ||||||
13 | (1) Any covered pharmacy may elect not to use the | ||||||
14 | secure website but instead to transmit electronic | ||||||
15 | transaction records by means of weekly electronic | ||||||
16 | transfers as described in this Section. | ||||||
17 | (2) Any covered pharmacy electing to transmit | ||||||
18 | electronic transaction records by means of weekly | ||||||
19 | electronic transfers shall transmit the records by means of | ||||||
20 | a computer diskette, a magnetic tape, or an electronic | ||||||
21 | device compatible with the receiving device of the Central | ||||||
22 | Repository. | ||||||
23 | (b) Weekly electronic transfer; timing. | ||||||
24 | (1) Any covered pharmacy electing to transmit | ||||||
25 | electronic transaction records by means of weekly |
| |||||||
| |||||||
1 | electronic transfers shall select a standard weeklong | ||||||
2 | reporting period such as, by way of example only, the 7-day | ||||||
3 | period that begins immediately after midnight Monday | ||||||
4 | morning and lasts until immediately before midnight the | ||||||
5 | next Sunday night. | ||||||
6 | (2) Electronic transaction records for transactions | ||||||
7 | occurring during the standard weeklong reporting period | ||||||
8 | selected by the pharmacy shall be transmitted to the | ||||||
9 | Central Repository no later than 24 hours after each | ||||||
10 | standard weeklong reporting period ends. | ||||||
11 | (3) Electronic transaction records may be delivered to | ||||||
12 | the Central Repository in person, by messenger, through the | ||||||
13 | United States Postal Service, over the Internet, or by | ||||||
14 | other reasonably reliable and prompt means. | ||||||
15 | (4) Although electronic transaction records shall be | ||||||
16 | transmitted to the Central Repository no later than one day | ||||||
17 | after the end of a weeklong reporting period, it is not | ||||||
18 | required that the electronic transaction records be | ||||||
19 | received by that deadline. | ||||||
20 | (c) Weekly electronic transfer; form of data. Each | ||||||
21 | electronic transaction record transmitted shall contain the | ||||||
22 | following information in the form described: | ||||||
23 | (1) The recipient's (A) first name, (B) last name, (C) | ||||||
24 | street address, and (D) zip code, in the 4 separate data | ||||||
25 | fields listed (A) through (D). | ||||||
26 | (2) The (A) date and (B) time of the transaction, in |
| |||||||
| |||||||
1 | the 2 separate data fields listed (A) and (B). | ||||||
2 | (3) One of the following: | ||||||
3 | (A) The (1) brand and product name and (2) total | ||||||
4 | quantity in milligrams distributed of ephedrine or | ||||||
5 | pseudoephedrine, their salts, or optical isomers, or | ||||||
6 | salts of optical isomers, in the 2 separate data fields | ||||||
7 | listed (1) and (2); | ||||||
8 | (B) The National Drug Code (NDC) number | ||||||
9 | corresponding to the product distributed, from which | ||||||
10 | may be determined the brand and product name and total | ||||||
11 | quantity distributed of ephedrine or pseudoephedrine, | ||||||
12 | their salts, or optical isomers, or salts of optical | ||||||
13 | isomers; or | ||||||
14 | (C) A company-specific code, akin to the National | ||||||
15 | Drug Code, from which may be determined the brand and | ||||||
16 | product name and total quantity distributed of | ||||||
17 | ephedrine or pseudoephedrine, their salts, or optical | ||||||
18 | isomers, or salts of optical isomers, along with | ||||||
19 | information sufficient to translate any | ||||||
20 | company-specific codes into the brand and product name | ||||||
21 | and total quantity distributed of ephedrine or | ||||||
22 | pseudoephedrine, their salts, or optical isomers, or | ||||||
23 | salts of optical isomers. | ||||||
24 | (4) One of the following: | ||||||
25 | (A) The identification type presented by the | ||||||
26 | recipient; or |
| |||||||
| |||||||
1 | (B) A code for the identification type presented by | ||||||
2 | the recipient, along with information sufficient to | ||||||
3 | translate any such code into the actual identification | ||||||
4 | type presented by the recipient. | ||||||
5 | (5) The identification number presented by the | ||||||
6 | recipient. | ||||||
7 | (6) One of the following: | ||||||
8 | (A) The (1) name, (2) street address, and (3) zip | ||||||
9 | code of the covered pharmacy, in 3 separate data fields | ||||||
10 | (1) through (3); | ||||||
11 | (B) The Drug Enforcement Administration (DEA) | ||||||
12 | number of the individual covered pharmacy, from which | ||||||
13 | may be determined the name, street address, and zip | ||||||
14 | code of the covered pharmacy; or | ||||||
15 | (C) A company-specific code, akin to the Drug | ||||||
16 | Enforcement Administration number, from which may be | ||||||
17 | determined the name, street address, and zip code of | ||||||
18 | the covered pharmacy, along with information | ||||||
19 | sufficient to translate any company-specific codes | ||||||
20 | into the name, street address, and zip code of the | ||||||
21 | covered pharmacy. | ||||||
22 | (720 ILCS 648/39 new) | ||||||
23 | Sec. 39. Williamson County Pilot Program; exempt | ||||||
24 | pharmacies. | ||||||
25 | (a) When a covered pharmacy is exempt. A covered pharmacy |
| |||||||
| |||||||
1 | is exempt from the requirement that it transmit electronic | ||||||
2 | transaction records to the Central Repository through the | ||||||
3 | secure website described in Section 37 or weekly electronic | ||||||
4 | transfers described in Section 38 of this Act if all of the | ||||||
5 | following conditions are satisfied: | ||||||
6 | (1) The covered pharmacy: | ||||||
7 | (A) Submits to the Pilot Program Authority a | ||||||
8 | written request for such an exemption; | ||||||
9 | (B) Has complied with Section 25 of this Act by | ||||||
10 | maintaining handwritten rather than electronic logs | ||||||
11 | during the 60-day period preceding the date the written | ||||||
12 | request is transmitted; | ||||||
13 | (C) Has not sold more than 20 targeted packages in | ||||||
14 | any 7-day period during the 60-day period preceding the | ||||||
15 | date the written request is transmitted; and | ||||||
16 | (D) Provides, along with the written request, | ||||||
17 | copies of handwritten logs covering the 60-day period | ||||||
18 | preceding the written request; and | ||||||
19 | (2) The Pilot Program Authority: | ||||||
20 | (A) Reviews the written request; | ||||||
21 | (B) Verifies that the covered pharmacy has | ||||||
22 | complied with Section 25 of this Act by maintaining | ||||||
23 | handwritten rather than electronic logs during the | ||||||
24 | 60-day period preceding the date the written request is | ||||||
25 | transmitted; | ||||||
26 | (C) Verifies that the covered pharmacy has not sold |
| |||||||
| |||||||
1 | more than 20 targeted packages in any 7-day period | ||||||
2 | during the 60-day period preceding the date the written | ||||||
3 | request is transmitted; and | ||||||
4 | (D) Sends the covered pharmacy a letter stating | ||||||
5 | that the covered pharmacy is exempt from the | ||||||
6 | requirement that it transmit electronic transaction | ||||||
7 | records to the Central Repository. | ||||||
8 | (b) Obligations of an exempt pharmacy. | ||||||
9 | (1) A pharmacy that is exempt from the requirement that | ||||||
10 | it transmit electronic transaction records to the Central | ||||||
11 | Repository shall instead transmit copies, and retain the | ||||||
12 | originals, of handwritten logs. | ||||||
13 | (2) An exempt covered pharmacy shall transmit copies of | ||||||
14 | handwritten logs to the Central Repository in person, by | ||||||
15 | facsimile, through the United States Postal Service, or by | ||||||
16 | other reasonably reliable and prompt means. | ||||||
17 | (3) An exempt covered pharmacy shall transmit copies of | ||||||
18 | handwritten logs on a weekly basis as described in | ||||||
19 | subsection (b) of Section 38 of this Act. | ||||||
20 | (720 ILCS 648/39.5 new) | ||||||
21 | Sec. 39.5. Williamson County Pilot Program; | ||||||
22 | confidentiality of records. | ||||||
23 | (a) The Pilot Program Authority shall delete each | ||||||
24 | electronic transaction record and handwritten log entry 24 | ||||||
25 | months after the date of the transaction it describes. |
| |||||||
| |||||||
1 | (b) The Pilot Program Authority and Central Repository | ||||||
2 | shall carry out a program to protect the confidentiality of | ||||||
3 | electronic transaction records and handwritten log entries | ||||||
4 | transmitted pursuant to Sections 36, 37, 38, and 39 of this | ||||||
5 | Act. The Pilot Program Authority and Central Repository shall | ||||||
6 | ensure that this information remains completely confidential | ||||||
7 | except as specifically provided in subsections (c) through (i) | ||||||
8 | of this Section. Except as provided in subsections (c) through | ||||||
9 | (i) of this Section, this information is strictly prohibited | ||||||
10 | from disclosure. | ||||||
11 | (c) Any employee or agent of the Central Repository may | ||||||
12 | have access to electronic transaction records and handwritten | ||||||
13 | log entries solely for the purpose of receiving, processing, | ||||||
14 | storing or analyzing this information. | ||||||
15 | (d) Any employee or agent of the Pilot Program Authority | ||||||
16 | may have access to electronic transaction records or | ||||||
17 | handwritten log entries solely for the purpose of identifying, | ||||||
18 | investigating, or prosecuting violations of this Act or any | ||||||
19 | other State or federal law or rule involving a methamphetamine | ||||||
20 | precursor, methamphetamine, or any other controlled substance. | ||||||
21 | (e) The Pilot Program Authority may release electronic | ||||||
22 | transaction records or handwritten log entries to the | ||||||
23 | authorized representative of a qualified outside entity only if | ||||||
24 | all of the following conditions are satisfied: | ||||||
25 | (1) The Pilot Program Authority verifies that the | ||||||
26 | entity receiving electronic transaction records or |
| |||||||
| |||||||
1 | handwritten log entries is a qualified outside entity as | ||||||
2 | defined in this Act. | ||||||
3 | (2) The Pilot Program Authority verifies that the | ||||||
4 | person receiving electronic transaction records or | ||||||
5 | handwritten log entries is an authorized representative, | ||||||
6 | as defined in this Act, of the qualified outside entity. | ||||||
7 | (3) The qualified outside entity agrees in writing, or | ||||||
8 | has previously agreed in writing, that it will use | ||||||
9 | electronic transaction records and handwritten log entries | ||||||
10 | solely for the purpose of identifying, investigating, or | ||||||
11 | prosecuting violations of this Act or any other State or | ||||||
12 | federal law or rule involving a methamphetamine precursor, | ||||||
13 | methamphetamine, or any other controlled substance. | ||||||
14 | (4) The qualified outside entity does not have a | ||||||
15 | history known to the Pilot Program Authority of violating | ||||||
16 | this agreement or similar agreements or of breaching the | ||||||
17 | confidentiality of sensitive information. | ||||||
18 | (f) The Pilot Program Authority may release to a particular | ||||||
19 | covered pharmacy or voluntary participant any electronic | ||||||
20 | transaction records or handwritten log entries previously | ||||||
21 | submitted by that particular covered pharmacy or voluntary | ||||||
22 | participant. | ||||||
23 | (g) The Pilot Program Authority may release to a particular | ||||||
24 | recipient any electronic transaction records clearly relating | ||||||
25 | to that recipient, upon sufficient proof of identity.
| ||||||
26 | (h) The Pilot Program Authority may distribute |
| |||||||
| |||||||
1 | Methamphetamine Precursor Violation Alerts only if all of the | ||||||
2 | following conditions are satisfied: | ||||||
3 | (1) The Pilot Program Authority has reason to believe | ||||||
4 | that one or more recipients have violated or are violating | ||||||
5 | this Act or any other State or federal law or rule | ||||||
6 | involving a methamphetamine precursor, methamphetamine, or | ||||||
7 | any other controlled substance. | ||||||
8 | (2) Based on this information, the Pilot Program | ||||||
9 | Authority distributes a Methamphetamine Precursor | ||||||
10 | Violation Alert that may contain any of the following | ||||||
11 | confidential information: | ||||||
12 | (A) With respect to any recipient whom it is | ||||||
13 | believed has violated, has attempted to violate, or is | ||||||
14 | violating this Act or any other State or federal law or | ||||||
15 | rule involving a methamphetamine precursor, | ||||||
16 | methamphetamine, or any other controlled substance: | ||||||
17 | (i) Any name he or she has used to purchase or | ||||||
18 | attempt to purchase methamphetamine precursor; | ||||||
19 | (ii) Any address he or she has listed when | ||||||
20 | purchasing or attempting to purchase any targeted | ||||||
21 | methamphetamine precursor; and | ||||||
22 | (iii) Any identification information he or she | ||||||
23 | has used to purchase or attempt to purchase | ||||||
24 | methamphetamine precursor. | ||||||
25 | (B) With respect to any transaction in which the | ||||||
26 | recipient is believed to have purchased |
| |||||||
| |||||||
1 | methamphetamine precursor: | ||||||
2 | (i) The date and time of the transaction or | ||||||
3 | attempt; | ||||||
4 | (ii) The city or town and state in which the | ||||||
5 | transaction or attempt occurred; and | ||||||
6 | (iii) The total quantity received of ephedrine | ||||||
7 | or pseudoephedrine, their salts, or optical | ||||||
8 | isomers, or salts of optical isomers. | ||||||
9 | (3) Methamphetamine Precursor Violation Alerts shall | ||||||
10 | not include, with respect of any transaction in which the | ||||||
11 | recipient is believed to have purchased or attempted to | ||||||
12 | purchase methamphetamine precursor: | ||||||
13 | (A) The name or street address of the pharmacy | ||||||
14 | where the transaction or attempt took place, other than | ||||||
15 | the city or town and state where the pharmacy is | ||||||
16 | located; or | ||||||
17 | (B) The brand and product name of the item | ||||||
18 | received. | ||||||
19 | (4) Methamphetamine Precursor Violation Alerts may be | ||||||
20 | distributed to pharmacies, retail distributors, and law | ||||||
21 | enforcement agencies. When such alerts are distributed to | ||||||
22 | law enforcement agencies, it shall not be necessary to | ||||||
23 | follow the procedures described in subsection (d) of this | ||||||
24 | Section. | ||||||
25 | (5) When distributing Methamphetamine Precursor | ||||||
26 | Violation Alerts, the Pilot Program Authority shall |
| |||||||
| |||||||
1 | instruct those receiving the alerts that they are intended | ||||||
2 | only for pharmacies, retail distributors, and law | ||||||
3 | enforcement authorities, and that such alerts should | ||||||
4 | otherwise be kept confidential. | ||||||
5 | (i) The Pilot Program Authority may release general | ||||||
6 | statistical information to any person or entity provided that | ||||||
7 | the statistics do not include any information that identifies | ||||||
8 | any individual recipient or pharmacy by name, address, | ||||||
9 | identification number, Drug Enforcement Administration number, | ||||||
10 | or other means. | ||||||
11 | (720 ILCS 648/40) | ||||||
12 | Sec. 40. Penalties. | ||||||
13 | (a) Violations of subsection (b) of Section 20 of this Act. | ||||||
14 | (1) Any person who knowingly purchases, receives, or | ||||||
15 | otherwise acquires, within any 30-day period, products | ||||||
16 | containing more than a total of 7,500 milligrams of | ||||||
17 | ephedrine or pseudoephedrine, their salts or optical | ||||||
18 | isomers, or salts of optical isomers in violation of | ||||||
19 | subsection (b) of Section 20 of this Act is subject to the | ||||||
20 | following penalties: | ||||||
21 | (A) More than 7,500 milligrams but less than 15,000 | ||||||
22 | milligrams, Class B misdemeanor; | ||||||
23 | (B) 15,000 or more but less than 22,500 milligrams, | ||||||
24 | Class A misdemeanor; | ||||||
25 | (C) 22,500 or more but less than 30,000 milligrams, |
| |||||||
| |||||||
1 | Class 4 felony; | ||||||
2 | (D) 30,000 or more but less than 37,500 milligrams, | ||||||
3 | Class 3 felony; | ||||||
4 | (E) 37,500 or more but less than 45,000 milligrams, | ||||||
5 | Class 2 felony: | ||||||
6 | (F) 45,000 or more milligrams, Class 1 felony. | ||||||
7 | (2) Any person who knowingly purchases, receives, or | ||||||
8 | otherwise acquires, within any 30-day period, products | ||||||
9 | containing more than a total of 7,500 milligrams of | ||||||
10 | ephedrine or pseudoephedrine, their salts or optical | ||||||
11 | isomers, or salts of optical isomers in violation of | ||||||
12 | subsection (b) of Section 20 of this Act, and who has | ||||||
13 | previously been convicted of any methamphetamine-related | ||||||
14 | offense under any State or federal law, is subject to the | ||||||
15 | following penalties: | ||||||
16 | (A) More than 7,500 milligrams but less than 15,000 | ||||||
17 | milligrams, Class A misdemeanor; | ||||||
18 | (B) 15,000 or more but less than 22,500 milligrams, | ||||||
19 | Class 4 felony; | ||||||
20 | (C) 22,500 or more but less than 30,000 milligrams, | ||||||
21 | Class 3 felony; | ||||||
22 | (D) 30,000 or more but less than 37,500 milligrams, | ||||||
23 | Class 2 felony; | ||||||
24 | (E) 37,500 or more milligrams, Class 1 felony. | ||||||
25 | (3) Any person who knowingly purchases, receives, or | ||||||
26 | otherwise acquires, within any 30-day period, products |
| |||||||
| |||||||
1 | containing more than a total of 7,500 milligrams of | ||||||
2 | ephedrine or pseudoephedrine, their salts or optical | ||||||
3 | isomers, or salts of optical isomers in violation of | ||||||
4 | subsection (b) of Section 20 of this Act, and who has | ||||||
5 | previously been convicted 2 or more times of any | ||||||
6 | methamphetamine-related offense under State or federal | ||||||
7 | law, is subject to the following penalties: | ||||||
8 | (A) More than 7,500 milligrams but less than 15,000 | ||||||
9 | milligrams, Class 4 felony; | ||||||
10 | (B) 15,000 or more but less than 22,500 milligrams, | ||||||
11 | Class 3 felony; | ||||||
12 | (C) 22,500 or more but less than 30,000 milligrams, | ||||||
13 | Class 2 felony; | ||||||
14 | (D) 30,000 or more milligrams, Class 1 felony. | ||||||
15 | (b) Violations of Section 15, 20, 25, 30, or 35 of this | ||||||
16 | Act, other than violations of subsection (b) of Section 20 of | ||||||
17 | this Act. | ||||||
18 | (1)
(a) Any pharmacy or retail distributor that | ||||||
19 | violates Section 15, 20, 25, 30, or 35 of this Act, other | ||||||
20 | than subsection (b) of Section 20 of this Act,
this Act is | ||||||
21 | guilty of a petty offense and subject to a fine of $500 for | ||||||
22 | a first offense; and $1,000 for a second offense occurring | ||||||
23 | at the same retail location as and within 3 years of the | ||||||
24 | prior offense. A pharmacy or retail distributor that | ||||||
25 | violates this Act is guilty of a business offense and | ||||||
26 | subject to a fine of $5,000 for a third or subsequent |
| |||||||
| |||||||
1 | offense occurring at the same retail location as and within | ||||||
2 | 3 years of the prior offenses. | ||||||
3 | (2)
(b) An employee or agent of a pharmacy or retail | ||||||
4 | distributor who violates Section 15, 20, 25, 30, or 35 of | ||||||
5 | this Act, other than subsection (b) of Section 20 of this | ||||||
6 | Act,
this Act is guilty of a Class A misdemeanor for a | ||||||
7 | first offense, a Class 4 felony for a second offense, and a | ||||||
8 | Class 1 felony for a third or subsequent offense. | ||||||
9 | (3)
(c) Any other person who violates Section 15, 20, | ||||||
10 | 25, 30, or 35 of this Act, other than subsection (b) of | ||||||
11 | Section 20 of this Act,
this Act is guilty of a Class B | ||||||
12 | misdemeanor for a first offense, a Class A misdemeanor for | ||||||
13 | a second offense, and a Class 4 felony for a third or | ||||||
14 | subsequent offense.
| ||||||
15 | (c) Any pharmacy or retail distributor that violates | ||||||
16 | Section 36, 37, 38, 39, or 39.5 of this Act is guilty of a petty | ||||||
17 | offense and subject to a fine of $100 for a first offense, $250 | ||||||
18 | for a second offense, or $500 for a third or subsequent | ||||||
19 | offense. | ||||||
20 | (d) Any person that violates Section 39.5 of this Act is | ||||||
21 | guilty of a Class B misdemeanor for a first offense, a Class A | ||||||
22 | misdemeanor for a second offense, and a Class 4 felony for a | ||||||
23 | third offense. | ||||||
24 | (Source: P.A. 94-694, eff. 1-15-06.) | ||||||
25 | (720 ILCS 648/45) |
| |||||||
| |||||||
1 | Sec. 45. Immunity from civil liability. In the event that | ||||||
2 | any agent or employee of a pharmacy or retail distributor | ||||||
3 | reports to any law enforcement officer or agency any suspicious | ||||||
4 | activity concerning a targeted methamphetamine precursor or | ||||||
5 | other methamphetamine ingredient or ingredients, or | ||||||
6 | participates in the Williamson County Pilot Program as provided | ||||||
7 | in Sections 36, 37, 38, 39, and 39.5 of this Act, the agent or | ||||||
8 | employee and the pharmacy or retail distributor itself are | ||||||
9 | immune from civil liability based on allegations of defamation, | ||||||
10 | libel, slander, false arrest, or malicious prosecution, or | ||||||
11 | similar allegations, except in cases of willful or wanton | ||||||
12 | misconduct.
| ||||||
13 | (Source: P.A. 94-694, eff. 1-15-06.) | ||||||
14 | (720 ILCS 648/55) | ||||||
15 | Sec. 55. Preemption and home rule powers. | ||||||
16 | (a) Except as provided in subsection (b) of this Section | ||||||
17 | and in Sections 36, 37, 38, 39, and 39.5 of this Act , a county | ||||||
18 | or municipality, including a home rule unit, may regulate the | ||||||
19 | sale of targeted methamphetamine precursor and targeted | ||||||
20 | packages in a manner that is not more or less restrictive than | ||||||
21 | the regulation by the State under this Act. This Section is a | ||||||
22 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
23 | the Illinois Constitution on the concurrent exercise by home | ||||||
24 | rule units of the powers and functions exercised by the State. | ||||||
25 | (b) Any regulation of the sale of targeted methamphetamine |
| |||||||
| |||||||
1 | precursor and targeted packages by a home rule unit that took | ||||||
2 | effect on or before May 1, 2004, is exempt from the provisions | ||||||
3 | of subsection (a) of this Section.
| ||||||
4 | (Source: P.A. 94-694, eff. 1-15-06.)
| ||||||
5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
|