HB1956 Engrossed LRB095 07652 RLC 31898 b

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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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,

 

 

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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

 

 

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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

 

 

HB1956 Engrossed - 29 - LRB095 07652 RLC 31898 b

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)

 

 

HB1956 Engrossed - 30 - LRB095 07652 RLC 31898 b

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

 

 

HB1956 Engrossed - 31 - LRB095 07652 RLC 31898 b

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.