SB3502sam001 98TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 5/1/2014

09800SB3502sam001 LRB098 19436 JWD 58996 a

AMENDMENT TO SENATE BILL 3502

AMENDMENT NO. ______. Amend Senate Bill 3502 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by adding Section 5-1140 as follows:

(55 ILCS 5/5-1140 new)

Sec. 5-1140. Ephedrine and pseudoephedrine.

(a) Notwithstanding any provision of law to the contrary, the county board or board of county commissioners of a county may by ordinance provide that products containing any amount of ephedrine or pseudoephedrine may only be dispensed pursuant to the prescription order of a practitioner, regardless of whether the product in question is marketed as an over-the-counter drug product. Upon the adoption of such an ordinance, products containing any amount of ephedrine or pseudoephedrine may be dispensed in that county only pursuant to Sections 312 and 313 of the Illinois Controlled Substances Act, without regard to the corporate limits of any municipality.

(b) In a county where an ordinance has been adopted under this Section, a person who, on or after the effective date of the ordinance, receives a product containing any amount of ephedrine or pseudoephedrine that was dispensed other than pursuant to the prescription order of a practitioner shall be guilty of a Class A misdemeanor for a first offense, and a Class 4 felony for a second or subsequent offense.

(c) A home rule unit may not regulate ephedrine or pseudoephedrine in a manner inconsistent with this Section or with an ordinance adopted under this Section. This subsection (c) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(d) For purposes of this Section:

"Dispense", "practitioner", and "prescription" have the meanings provided in Section 102 of the Illinois Controlled Substances Act.

"Over-the-counter drug product" means a drug that is, apart from the adoption of an ordinance under this Section, available to consumers without a prescription and sold in compliance with the safety and labeling standards as set forth by the United States Food and Drug Administration.

Section 10. The Illinois Controlled Substances Act is amended by adding Section 604 as follows:

(720 ILCS 570/604 new)

Sec. 604. Ephedrine and pseudoephedrine; county ordinances.

(a) Notwithstanding any provision of law to the contrary, in those counties that have by ordinance restricted sales of ephedrine and pseudoephedrine under Section 5-1140 of the Counties Code, no product containing any amount of ephedrine or pseudoephedrine may be dispensed other than pursuant to a prescription order of a practitioner, regardless of whether the product in question is marketed as an over-the-counter drug product. Upon the adoption of such an ordinance, products containing any amount of ephedrine or pseudoephedrine may be dispensed in that county only pursuant to Sections 312 and 313 of this Act, without regard to the corporate limits of any municipality.

(b) In a county where an ordinance has been adopted under Section 5-1140 of the Counties Code, a person who, on or after the effective date of the ordinance, receives a product containing any amount of ephedrine or pseudoephedrine that was dispensed other than pursuant to the prescription order of a practitioner shall be guilty of a Class A misdemeanor for a first offense, and a Class 4 felony for a second or subsequent offense.

(c) A home rule unit may not regulate ephedrine or pseudoephedrine in a manner inconsistent with this Section or with an ordinance adopted under this Section. This subsection (c) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(d) For the purposes of this Section, "over-the-counter drug product" means a drug that is, apart from the adoption of an ordinance under Section 5-1140 of the Counties Code, available to consumers without a prescription and sold in compliance with the safety and labeling standards as set forth by the United States Food and Drug Administration.

Section 15. The Methamphetamine Precursor Control Act is amended by changing Sections 20 and 25 as follows:

(720 ILCS 648/20)

Sec. 20. Restrictions on purchase, receipt, or acquisition.

(a) Except as provided in subsection (e) of this Section, any person 18 years of age or older wishing to purchase, receive, or otherwise acquire a targeted methamphetamine precursor shall, prior to taking possession of the targeted methamphetamine precursor:

(1) provide a driver's license or other government-issued identification showing the person's name, date of birth, and photograph; and

(2) sign a log documenting the name and address of the person, date and time of the transaction, and brand and product name and total quantity distributed of ephedrine or pseudoephedrine, their salts, or optical isomers, or salts of optical isomers.

(b) Except as provided in subsection (e) of this Section, no person shall knowingly purchase, receive, or otherwise acquire, within any 30-day period products containing more than a total of 7,500 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers.

(c) Except as provided in subsections (d) and (e) of this Section, no person shall knowingly purchase, receive, or otherwise acquire more than 2 targeted packages in a single retail transaction.

(d) Except as provided in subsection (e) of this Section, no person shall knowingly purchase, receive, or otherwise acquire more than one convenience package from a retail location other than a pharmacy counter in a 24-hour period.

(e) This Section shall not apply to any person who purchases, receives, or otherwise acquires a targeted methamphetamine precursor for the purpose of dispensing, distributing, or administering it in a lawful manner described in subsection (e) of Section 15 of this Act.

(f) A person shall not knowingly procure a targeted methamphetamine precursor for a third party for the purpose of evading this Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.

(g) This Section is also subject to the limitations of ordinances adopted under Section 5-1140 of the Counties Code.

(Source: P.A. 98-371, eff. 8-16-13.)

(720 ILCS 648/25)

Sec. 25. Pharmacies.

(a) No targeted methamphetamine precursor may be knowingly distributed through a pharmacy, including a pharmacy located within, owned by, operated by, or associated with a retail distributor unless all terms of this Section are satisfied.

If a county has adopted an ordinance under Section 5-1140 of the Counties Code, then no methamphetamine precursor containing ephedrine or pseudoephedrine may be dispensed under this Section unless the requirements of Sections 312 and 313 of the Illinois Controlled Substances Act have also been met.

(b) Any targeted methamphetamine precursor other than a convenience package or a liquid, including but not limited to any targeted methamphetamine precursor in liquid-filled capsules, shall: be packaged in blister packs, with each blister containing not more than 2 dosage units, or when the use of blister packs is technically infeasible, in unit dose packets. Each targeted package shall contain no more than 3,000 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers.

(c) The targeted methamphetamine precursor shall be stored behind the pharmacy counter and distributed by a pharmacist or pharmacy technician licensed under the Pharmacy Practice Act, or by an agent of the pharmacist or pharmacy technician.

(d) Any retail distributor operating a pharmacy, and any pharmacist or pharmacy technician involved in the transaction or transactions, shall ensure that any person purchasing, receiving, or otherwise acquiring the targeted methamphetamine precursor complies with subsection (a) of Section 20 of this Act.

(e) Any retail distributor operating a pharmacy, and any pharmacist or pharmacy technician involved in the transaction or transactions, shall verify that:

(1) The person purchasing, receiving, or otherwise acquiring the targeted methamphetamine precursor is 18 years of age or older and resembles the photograph of the person on the government-issued identification presented by the person; and

(2) The name entered into the log referred to in subsection (a) of Section 20 of this Act corresponds to the name on the government-issued identification presented by the person.

(f) The logs referred to in subsection (a) of Section 20 of this Act shall be kept confidential, maintained for not less than 4 years, and made available for inspection and copying by any law enforcement officer upon request of that officer. These logs shall be kept in an electronic format as required by the Methamphetamine Precursor Tracking Act.

(g) No retail distributor operating a pharmacy, and no pharmacist or pharmacy technician, shall knowingly distribute any targeted methamphetamine precursor to any person under 18 years of age.

(h) No retail distributor operating a pharmacy, and no pharmacist or pharmacy technician, shall knowingly distribute to a single person more than 2 targeted packages in a single retail transaction.

(i) No retail distributor operating a pharmacy, and no pharmacist or pharmacy technician, shall knowingly distribute to a single person in any 30-day period products containing more than a total of 7,500 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers.

(j) A pharmacist or pharmacy technician may distribute a targeted methamphetamine precursor to a person who is without a form of identification specified in paragraph (1) of subsection (a) of Section 20 of this Act only if all other provisions of this Act are followed and either:

(1) the person presents a driver's license issued without a photograph by the State of Illinois pursuant to the Illinois Administrative Code, Title 92, Section 1030.90(b)(1) or 1030.90(b)(2); or

(2) the person is known to the pharmacist or pharmacy technician, the person presents some form of identification, and the pharmacist or pharmacy technician reasonably believes that the targeted methamphetamine precursor will be used for a legitimate medical purpose and not to manufacture methamphetamine.

(k) When a pharmacist or pharmacy technician distributes a targeted methamphetamine precursor to a person according to the procedures set forth in this Act, and the pharmacist or pharmacy technician does not have access to a working cash register at the pharmacy counter, the pharmacist or pharmacy technician may instruct the person to pay for the targeted methamphetamine precursor at a cash register located elsewhere in the retail establishment, whether that register is operated by a pharmacist, pharmacy technician, or other employee or agent of the retail establishment.

(Source: P.A. 96-50, eff. 10-21-09; 97-670, eff. 1-19-12.)

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