96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3695

 

Introduced 2/25/2009, by Rep. Ron Stephens

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Controlled Substances Act. Eliminates the State drug classification Schedules. Provides that the controlled scheduled substances are those listed by the authorized federal agency. Provides that any federally scheduled substance may be scheduled higher by administrative rule. Makes technical changes. Effective July 1, 2009.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Illinois Controlled Substances Act is
5 amended by changing Sections 102, 201, 202, 205, 207, 209, 211,
6 214, 301, 302, 303, 303.05, 303.1, 304, 305, 306, 309, 312,
7 313, 318, 405, 405.1, 410, 501, 501.1, 505, and 507 as follows:
 
8     (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
9     Sec. 102. Definitions. As used in this Act, unless the
10 context otherwise requires:
11     (a) "Addict" means any person who habitually uses any drug,
12 chemical, substance or dangerous drug other than alcohol so as
13 to endanger the public morals, health, safety or welfare or who
14 is so far addicted to the use of a dangerous drug or controlled
15 substance other than alcohol as to have lost the power of self
16 control with reference to his or her addiction.
17     (b) "Administer" means the direct application of a
18 controlled substance, whether by injection, inhalation,
19 ingestion, or any other means, to the body of a patient,
20 research subject, or animal (as defined by the Humane
21 Euthanasia in Animal Shelters Act) by:
22         (1) a practitioner (or, in his or her presence, by his
23     or her authorized agent),

 

 

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1         (2) the patient or research subject at the lawful
2     direction of the practitioner, or
3         (3) a euthanasia technician as defined by the Humane
4     Euthanasia in Animal Shelters Act.
5     (c) "Agent" means an authorized person who acts on behalf
6 of or at the direction of a manufacturer, distributor, or
7 dispenser. It does not include a common or contract carrier,
8 public warehouseman or employee of the carrier or warehouseman.
9     (c-1) "Anabolic Steroids" means any drug or hormonal
10 substance, chemically and pharmacologically related to
11 testosterone (other than estrogens, progestins, and
12 corticosteroids) that promotes muscle growth. , and includes:
13             (i) boldenone,
14             (ii) chlorotestosterone,
15             (iii) chostebol,
16             (iv) dehydrochlormethyltestosterone,
17             (v) dihydrotestosterone,
18             (vi) drostanolone,
19             (vii) ethylestrenol,
20             (viii) fluoxymesterone,
21             (ix) formebulone,
22             (x) mesterolone,
23             (xi) methandienone,
24             (xii) methandranone,
25             (xiii) methandriol,
26             (xiv) methandrostenolone,

 

 

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1             (xv) methenolone,
2             (xvi) methyltestosterone,
3             (xvii) mibolerone,
4             (xviii) nandrolone,
5             (xix) norethandrolone,
6             (xx) oxandrolone,
7             (xxi) oxymesterone,
8             (xxii) oxymetholone,
9             (xxiii) stanolone,
10             (xxiv) stanozolol,
11             (xxv) testolactone,
12             (xxvi) testosterone,
13             (xxvii) trenbolone, and
14             (xxviii) any salt, ester, or isomer of a drug or
15         substance described or listed in this paragraph, if
16         that salt, ester, or isomer promotes muscle growth.
17     Any person who is otherwise lawfully in possession of an
18 anabolic steroid, or who otherwise lawfully manufactures,
19 distributes, dispenses, delivers, or possesses with intent to
20 deliver an anabolic steroid, which anabolic steroid is
21 expressly intended for and lawfully allowed to be administered
22 through implants to livestock or other nonhuman species, and
23 which is approved by the Secretary of Health and Human Services
24 for such administration, and which the person intends to
25 administer or have administered through such implants, shall
26 not be considered to be in unauthorized possession or to

 

 

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1 unlawfully manufacture, distribute, dispense, deliver, or
2 possess with intent to deliver such anabolic steroid for
3 purposes of this Act.
4     (d) "Administration" means the Drug Enforcement
5 Administration, United States Department of Justice, or its
6 successor agency.
7     (e) "Control" means to add a drug or other substance, or
8 immediate precursor, to a Schedule under Article II of this Act
9 whether by transfer from another Schedule or otherwise.
10     (f) "Controlled Substance" means a drug, substance, or
11 immediate precursor in the Schedules of Article II of this Act.
12     (g) "Counterfeit substance" means a controlled substance,
13 which, or the container or labeling of which, without
14 authorization bears the trademark, trade name, or other
15 identifying mark, imprint, number or device, or any likeness
16 thereof, of a manufacturer, distributor, or dispenser other
17 than the person who in fact manufactured, distributed, or
18 dispensed the substance.
19     (h) "Deliver" or "delivery" means the actual, constructive
20 or attempted transfer of possession of a controlled substance,
21 with or without consideration, whether or not there is an
22 agency relationship.
23     (i) "Department" means the Illinois Department of Human
24 Services (as successor to the Department of Alcoholism and
25 Substance Abuse) or its successor agency.
26     (j) "Department of State Police" means the Department of

 

 

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1 State Police of the State of Illinois or its successor agency.
2     (k) "Department of Corrections" means the Department of
3 Corrections of the State of Illinois or its successor agency.
4     (l) "Department of Financial and Professional Regulation"
5 means the Department of Financial and Professional Regulation
6 of the State of Illinois or its successor agency.
7     (m) "Depressant" or "stimulant substance" means:
8         (1) a drug which contains any quantity of (i)
9     barbituric acid or any of the salts of barbituric acid
10     which has been designated as habit forming under section
11     502 (d) of the Federal Food, Drug, and Cosmetic Act (21
12     U.S.C. 352 (d)); or
13         (2) a drug which contains any quantity of (i)
14     amphetamine or methamphetamine and any of their optical
15     isomers; (ii) any salt of amphetamine or methamphetamine or
16     any salt of an optical isomer of amphetamine; or (iii) any
17     substance which the Department, after investigation, has
18     found to be, and by rule designated as, habit forming
19     because of its depressant or stimulant effect on the
20     central nervous system; or
21         (3) lysergic acid diethylamide; or
22         (4) any drug which contains any quantity of a substance
23     which the Department, after investigation, has found to
24     have, and by rule designated as having, a potential for
25     abuse because of its depressant or stimulant effect on the
26     central nervous system or its hallucinogenic effect.

 

 

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1     (n) (Blank).
2     (o) "Director" means the Director of the Department of
3 State Police or the Department of Professional Regulation or
4 his or her designated agents.
5     (p) "Dispense" means to deliver a controlled substance to
6 an ultimate user or research subject by or pursuant to the
7 lawful order of a prescriber, including the prescribing,
8 administering, packaging, labeling, or compounding necessary
9 to prepare the substance for that delivery.
10     (q) "Dispenser" means a practitioner who dispenses.
11     (r) "Distribute" means to deliver, other than by
12 administering or dispensing, a controlled substance.
13     (s) "Distributor" means a person who distributes.
14     (t) "Drug" means (1) substances recognized as drugs in the
15 official United States Pharmacopoeia, Official Homeopathic
16 Pharmacopoeia of the United States, or official National
17 Formulary, or any supplement to any of them; (2) substances
18 intended for use in diagnosis, cure, mitigation, treatment, or
19 prevention of disease in man or animals; (3) substances (other
20 than food) intended to affect the structure of any function of
21 the body of man or animals and (4) substances intended for use
22 as a component of any article specified in clause (1), (2), or
23 (3) of this subsection. It does not include devices or their
24 components, parts, or accessories.
25     (t-1) "Drug Schedule" means the classification system
26 established by the federal Food and Drug Administration and the

 

 

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1 federal Drug Enforcement Administration.
2     (t-5) "Euthanasia agency" means an entity certified by the
3 Department of Professional Regulation for the purpose of animal
4 euthanasia that holds an animal control facility license or
5 animal shelter license under the Animal Welfare Act. A
6 euthanasia agency is authorized to purchase, store, possess,
7 and utilize Schedule II nonnarcotic and Schedule III
8 nonnarcotic drugs for the sole purpose of animal euthanasia.
9     (t-10) "Euthanasia drugs" means Schedule II or Schedule III
10 substances (nonnarcotic controlled substances) that are used
11 by a euthanasia agency for the purpose of animal euthanasia.
12     (u) "Good faith" means the prescribing or dispensing of a
13 controlled substance by a practitioner in the regular course of
14 professional treatment to or for any person who is under his or
15 her treatment for a pathology or condition other than that
16 individual's physical or psychological dependence upon or
17 addiction to a controlled substance, except as provided herein:
18 and application of the term to a pharmacist shall mean the
19 dispensing of a controlled substance pursuant to the
20 prescriber's order which in the professional judgment of the
21 pharmacist is lawful. The pharmacist shall be guided by
22 accepted professional standards including, but not limited to
23 the following, in making the judgment:
24         (1) lack of consistency of doctor-patient
25     relationship,
26         (2) frequency of prescriptions for same drug by one

 

 

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1     prescriber for large numbers of patients,
2         (3) quantities beyond those normally prescribed,
3         (4) unusual dosages,
4         (5) unusual geographic distances between patient,
5     pharmacist and prescriber,
6         (6) consistent prescribing of habit-forming drugs.
7     (u-1) "Home infusion services" means services provided by a
8 pharmacy in compounding solutions for direct administration to
9 a patient in a private residence, long-term care facility, or
10 hospice setting by means of parenteral, intravenous,
11 intramuscular, subcutaneous, or intraspinal infusion.
12     (v) "Immediate precursor" means a substance:
13         (1) which the Department has found to be and by rule
14     designated as being a principal compound used, or produced
15     primarily for use, in the manufacture of a controlled
16     substance;
17         (2) which is an immediate chemical intermediary used or
18     likely to be used in the manufacture of such controlled
19     substance; and
20         (3) the control of which is necessary to prevent,
21     curtail or limit the manufacture of such controlled
22     substance.
23     (w) "Instructional activities" means the acts of teaching,
24 educating or instructing by practitioners using controlled
25 substances within educational facilities approved by the State
26 Board of Education or its successor agency.

 

 

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1     (x) "Local authorities" means a duly organized State,
2 County or Municipal peace unit or police force.
3     (y) "Look-alike substance" means a substance, other than a
4 controlled substance which (1) by overall dosage unit
5 appearance, including shape, color, size, markings or lack
6 thereof, taste, consistency, or any other identifying physical
7 characteristic of the substance, would lead a reasonable person
8 to believe that the substance is a controlled substance, or (2)
9 is expressly or impliedly represented to be a controlled
10 substance or is distributed under circumstances which would
11 lead a reasonable person to believe that the substance is a
12 controlled substance. For the purpose of determining whether
13 the representations made or the circumstances of the
14 distribution would lead a reasonable person to believe the
15 substance to be a controlled substance under this clause (2) of
16 subsection (y), the court or other authority may consider the
17 following factors in addition to any other factor that may be
18 relevant:
19         (a) statements made by the owner or person in control
20     of the substance concerning its nature, use or effect;
21         (b) statements made to the buyer or recipient that the
22     substance may be resold for profit;
23         (c) whether the substance is packaged in a manner
24     normally used for the illegal distribution of controlled
25     substances;
26         (d) whether the distribution or attempted distribution

 

 

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1     included an exchange of or demand for money or other
2     property as consideration, and whether the amount of the
3     consideration was substantially greater than the
4     reasonable retail market value of the substance.
5     Clause (1) of this subsection (y) shall not apply to a
6 noncontrolled substance in its finished dosage form that was
7 initially introduced into commerce prior to the initial
8 introduction into commerce of a controlled substance in its
9 finished dosage form which it may substantially resemble.
10     Nothing in this subsection (y) prohibits the dispensing or
11 distributing of noncontrolled substances by persons authorized
12 to dispense and distribute controlled substances under this
13 Act, provided that such action would be deemed to be carried
14 out in good faith under subsection (u) if the substances
15 involved were controlled substances.
16     Nothing in this subsection (y) or in this Act prohibits the
17 manufacture, preparation, propagation, compounding,
18 processing, packaging, advertising or distribution of a drug or
19 drugs by any person registered pursuant to Section 510 of the
20 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
21     (y-1) "Mail-order pharmacy" means a pharmacy that is
22 located in a state of the United States, other than Illinois,
23 that delivers, dispenses or distributes, through the United
24 States Postal Service or other common carrier, to Illinois
25 residents, any substance which requires a prescription.
26     (z) "Manufacture" means the production, preparation,

 

 

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1 propagation, compounding, conversion or processing of a
2 controlled substance other than methamphetamine, either
3 directly or indirectly, by extraction from substances of
4 natural origin, or independently by means of chemical
5 synthesis, or by a combination of extraction and chemical
6 synthesis, and includes any packaging or repackaging of the
7 substance or labeling of its container, except that this term
8 does not include:
9         (1) by an ultimate user, the preparation or compounding
10     of a controlled substance for his or her own use; or
11         (2) by a practitioner, or his or her authorized agent
12     under his supervision, the preparation, compounding,
13     packaging, or labeling of a controlled substance:
14             (a) as an incident to his or her administering or
15         dispensing of a controlled substance in the course of
16         his or her professional practice; or
17             (b) as an incident to lawful research, teaching or
18         chemical analysis and not for sale.
19     (z-1) (Blank).
20     (aa) "Narcotic drug" means any of the following, whether
21 produced directly or indirectly by extraction from substances
22 of natural origin, or independently by means of chemical
23 synthesis, or by a combination of extraction and chemical
24 synthesis:
25         (1) opium and opiate, and any salt, compound,
26     derivative, or preparation of opium or opiate;

 

 

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1         (2) any salt, compound, isomer, derivative, or
2     preparation thereof which is chemically equivalent or
3     identical with any of the substances referred to in clause
4     (1), but not including the isoquinoline alkaloids of opium;
5         (3) opium poppy and poppy straw;
6         (4) coca leaves and any salts, compound, isomer, salt
7     of an isomer, derivative, or preparation of coca leaves
8     including cocaine or ecgonine, and any salt, compound,
9     isomer, derivative, or preparation thereof which is
10     chemically equivalent or identical with any of these
11     substances, but not including decocainized coca leaves or
12     extractions of coca leaves which do not contain cocaine or
13     ecgonine (for the purpose of this paragraph, the term
14     "isomer" includes optical, positional and geometric
15     isomers).
16     (bb) "Nurse" means a registered nurse licensed under the
17 Nurse Practice Act.
18     (cc) (Blank).
19     (dd) "Opiate" means any substance having an addiction
20 forming or addiction sustaining liability similar to morphine
21 or being capable of conversion into a drug having addiction
22 forming or addiction sustaining liability.
23     (ee) "Opium poppy" means the plant of the species Papaver
24 somniferum L., except its seeds.
25     (ff) "Parole and Pardon Board" means the Parole and Pardon
26 Board of the State of Illinois or its successor agency.

 

 

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1     (gg) "Person" means any individual, corporation,
2 mail-order pharmacy, government or governmental subdivision or
3 agency, business trust, estate, trust, partnership or
4 association, or any other entity.
5     (hh) "Pharmacist" means any person who holds a license or
6 certificate of registration as a registered pharmacist, a local
7 registered pharmacist or a registered assistant pharmacist
8 under the Pharmacy Practice Act.
9     (ii) "Pharmacy" means any store, ship or other place in
10 which pharmacy is authorized to be practiced under the Pharmacy
11 Practice Act.
12     (jj) "Poppy straw" means all parts, except the seeds, of
13 the opium poppy, after mowing.
14     (kk) "Practitioner" means a physician licensed to practice
15 medicine in all its branches, dentist, optometrist,
16 podiatrist, veterinarian, scientific investigator, pharmacist,
17 physician assistant, advanced practice nurse, licensed
18 practical nurse, registered nurse, hospital, laboratory, or
19 pharmacy, or other person licensed, registered, or otherwise
20 lawfully permitted by the United States or this State to
21 distribute, dispense, conduct research with respect to,
22 administer or use in teaching or chemical analysis, a
23 controlled substance in the course of professional practice or
24 research.
25     (ll) "Pre-printed prescription" means a written
26 prescription upon which the designated drug has been indicated

 

 

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1 prior to the time of issuance and does not mean a written
2 prescription which is machine or computer generated
3 individually in the prescriber's office.
4     (mm) "Prescriber" means a physician licensed to practice
5 medicine in all its branches, dentist, optometrist, podiatrist
6 or veterinarian who issues a prescription, a physician
7 assistant who issues a prescription for a Schedule III, IV, or
8 V controlled substance in accordance with Section 303.05 and
9 the written guidelines required under Section 7.5 of the
10 Physician Assistant Practice Act of 1987, or an advanced
11 practice nurse with prescriptive authority delegated under
12 Section 65-40 of the Nurse Practice Act and in accordance with
13 Section 303.05 and a written collaborative agreement under
14 Section 65-35 of the Nurse Practice Act.
15     (nn) "Prescription" means a lawful written, facsimile, or
16 verbal order of a physician licensed to practice medicine in
17 all its branches, dentist, podiatrist or veterinarian for any
18 controlled substance, of an optometrist for a Schedule III, IV,
19 or V controlled substance in accordance with Section 15.1 of
20 the Illinois Optometric Practice Act of 1987, of a physician
21 assistant for a Schedule III, IV, or V controlled substance in
22 accordance with Section 303.05 and the written guidelines
23 required under Section 7.5 of the Physician Assistant Practice
24 Act of 1987, or of an advanced practice nurse with prescriptive
25 authority delegated under Section 65-40 of the Nurse Practice
26 Act who issues a prescription for a Schedule III, IV, or V

 

 

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1 controlled substance in accordance with Section 303.05 and a
2 written collaborative agreement under Section 65-35 of the
3 Nurse Practice Act.
4     (oo) "Production" or "produce" means manufacture,
5 planting, cultivating, growing, or harvesting of a controlled
6 substance other than methamphetamine.
7     (pp) "Registrant" means every person who is required to
8 register under Section 302 of this Act.
9     (qq) "Registry number" means the number assigned to each
10 person authorized to handle controlled substances under the
11 laws of the United States and of this State.
12     (rr) "Secretary" means the Secretary of the Department
13 Financial and Professional Regulation or the Department of
14 Human Services or his or her designated agents.
15     (ss) (rr) "State" includes the State of Illinois and any
16 state, district, commonwealth, territory, insular possession
17 thereof, and any area subject to the legal authority of the
18 United States of America.
19     (tt) (ss) "Ultimate user" means a person who lawfully
20 possesses a controlled substance for his or her own use or for
21 the use of a member of his or her household or for
22 administering to an animal owned by him or by a member of his
23 or her household.
24 (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08;
25 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff.
26 8-21-08.)
 

 

 

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1     (720 ILCS 570/201)  (from Ch. 56 1/2, par. 1201)
2     Sec. 201. (a) The Department shall carry out the provisions
3 of this Article. The Department or its successor agency may add
4 substances to a drug schedule which is higher than the federal
5 schedule by administrative rule or delete or reschedule all
6 controlled substances in the Schedules of Sections 204, 206,
7 208, 210 and 212 of this Act. In making a determination
8 regarding the elevating addition, deletion, or rescheduling of
9 a substance, the Department shall consider the following:
10         (1) the actual or relative potential for abuse;
11         (2) the scientific evidence of its pharmacological
12     effect, if known;
13         (3) the state of current scientific knowledge
14     regarding the substance;
15         (4) the history and current pattern of abuse;
16         (5) the scope, duration, and significance of abuse;
17         (6) the risk to the public health;
18         (7) the potential of the substance to produce
19     psychological or physiological dependence;
20         (8) whether the substance is an immediate precursor of
21     a substance already controlled under this Article;
22         (9) the immediate harmful effect in terms of
23     potentially fatal dosage; and
24         (10) the long-range effects in terms of permanent
25     health impairment.

 

 

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1     (b) (Blank).
2     (c) (Blank).
3     (d) If any substance is scheduled, rescheduled, or deleted
4 as a controlled substance under Federal law and notice thereof
5 is given to the Department, the Department shall similarly
6 control the substance under this Act after the expiration of 30
7 days from publication in the Federal Register of a final order
8 scheduling a substance as a controlled substance or
9 rescheduling or deleting a substance, unless within that 30 day
10 period the Department initiates action to elevate the schedule
11 for a specific controlled substance objects, or a party
12 adversely affected files with the Department substantial
13 written objections objecting to inclusion, rescheduling, or
14 deletion. In that case, the Department shall publish the
15 reasons for that action objection or the substantial written
16 objections and afford all interested parties an opportunity to
17 be heard. At the conclusion of the hearing, the Department
18 shall publish its decision, by means of a rule, which shall be
19 final unless altered by statute. Upon publication of objections
20 by the Department, similar control under this Act whether by
21 inclusion, rescheduling or deletion is stayed until the
22 Department publishes its ruling.
23     (e) (Blank). The Department shall by rule exclude any
24 non-narcotic substances from a schedule if such substance may,
25 under the Federal Food, Drug, and Cosmetic Act, be lawfully
26 sold over the counter without a prescription.

 

 

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1     (f) (Blank).
2     (g) Authority to control under this section does not extend
3 to distilled spirits, wine, malt beverages, or tobacco as those
4 terms are defined or used in the Liquor Control Act and the
5 Tobacco Products Tax Act.
6     (h) Persons registered with the Drug Enforcement
7 Administration to manufacture or distribute controlled
8 substances shall maintain adequate security and provide
9 effective controls and procedures to guard against theft and
10 diversion, but shall not otherwise be required to meet the
11 physical security control requirements (such as cage or vault)
12 for Schedule V controlled substances containing
13 pseudoephedrine or Schedule II controlled substances
14 containing dextromethorphan.
15 (Source: P.A. 94-800, eff. 1-1-07; 94-1087, eff. 1-19-07;
16 95-331, eff. 8-21-07.)
 
17     (720 ILCS 570/202)  (from Ch. 56 1/2, par. 1202)
18     Sec. 202.
19     (a) The scheduled controlled substances shall be those
20 listed by the authorized federal agency. Any federally
21 scheduled substance may be scheduled higher by administrative
22 rule or to be listed in the schedules in sections 204, 206,
23 208, 210 and 212 are included by whatever official, common,
24 usual, chemical, or trade name designated.
25     (b) The Prescription Drug User Committee shall be formed in

 

 

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1 order to:
2         (1) provide a uniform approach to review the Illinois
3     Controlled Substances Act in order to determine if changes
4     should be recommended to the General Assembly.
5         (2) review current drug schedules in order to manage
6     changes to the Administrative Rules pertaining to the
7     utilization of this Act.
8     (c) The User Committee will consist of:
9         (1) A representative from the Illinois Department of
10     Human Services, Bureau of Pharmacy and Clinical Support
11     Services or its successor.
12         (2) A representative from the Illinois Department of
13     Human Services, Division of Alcoholism and Substance Abuse
14     or its successor.
15         (3) A representative from the Illinois Department of
16     Financial and Professional Regulations or its successor.
17         (4) A representative from the Illinois Department of
18     Public Health.
19     (d) The Secretary of the Department of Human Services shall
20 designate the chair person of the User Committee.
21     (e) The User Committee shall meet on the first Monday on or
22 after April 1st and October 1st. Reasonable travel expenses
23 shall be paid from the Prescription Monitoring Program budget
24 line.
25 (Source: P.A. 77-757.)
 

 

 

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1     (720 ILCS 570/205)  (from Ch. 56 1/2, par. 1205)
2     Sec. 205. The Department shall issue a rule scheduling a
3 substance in Schedule II if it finds that:
4     (1) the substance has high potential for abuse;
5     (2) the substance has currently accepted medical use in
6 treatment in the United States, or currently accepted medical
7 use with severe restrictions; and
8     (3) the abuse of the substance may lead to severe
9 psychological or physiological dependence; and .
10     (4) the federal scheduling agency should have assigned a
11 specific drug with a more restricted schedule.
12 (Source: P.A. 83-969.)
 
13     (720 ILCS 570/207)  (from Ch. 56 1/2, par. 1207)
14     Sec. 207. The Department shall issue a rule scheduling a
15 substance in Schedule III if it finds that:
16     (1) the substance has a potential for abuse less than the
17 substances listed in Schedule I and II;
18     (2) the substance has currently accepted medical use in
19 treatment in the United States; and
20     (3) abuse of the substance may lead to moderate or low
21 physiological dependence or high psychological dependence; and
22 .
23     (4) the federal scheduling agency should have assigned a
24 specific drug with a more restricted schedule.
25 (Source: P.A. 83-969.)
 

 

 

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1     (720 ILCS 570/209)  (from Ch. 56 1/2, par. 1209)
2     Sec. 209. The Department shall issue a rule scheduling a
3 substance in Schedule IV if it finds that:
4     (1) the substance has a low potential for abuse relative to
5 substances in Schedule III;
6     (2) the substance has currently accepted medical use in
7 treatment in the United States; and
8     (3) abuse of the substance may lead to limited
9 physiological dependence or psychological dependence relative
10 to the substances in Schedule III; and .
11     (4) the federal scheduling agency should have assigned a
12 specific drug with a more restricted schedule.
13 (Source: P.A. 83-969.)
 
14     (720 ILCS 570/211)  (from Ch. 56 1/2, par. 1211)
15     Sec. 211. The Department shall issue a rule scheduling a
16 substance in Schedule V if it finds that:
17     (1) the substance has low potential for abuse relative to
18 the controlled substances listed in Schedule IV;
19     (2) the substance has currently accepted medical use in
20 treatment in the United States; and
21     (3) abuse of the substance may lead to limited
22 physiological dependence or psychological dependence relative
23 to the substances in Schedule IV, or the substance is a
24 targeted methamphetamine precursor as defined in the

 

 

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1 Methamphetamine Precursor Control Act; and .
2     (4) the federal scheduling agency should have assigned a
3 specific drug with a more restricted schedule.
4 (Source: P.A. 94-694, eff. 1-15-06.)
 
5     (720 ILCS 570/214)  (from Ch. 56 1/2, par. 1214)
6     Sec. 214. Excluded Substances.
7     (a) Products containing an anabolic steroid, that are
8 expressly intended for administration through implants to
9 cattle or other nonhuman species and that have been approved by
10 the U.S. Secretary of Health and Human Services for that
11 administration, and that are excluded from all schedules under
12 Section 102(41)(B)(1) of the federal Controlled Substances Act
13 (21 U.S.C. 802(41)(B)(1)) are also excluded from Sections 207
14 and 208 of this Act.
15     (b) The non-narcotic substances excluded from all
16 schedules of the Federal Controlled Substances Act (21 U.S.C.
17 801 et seq.) pursuant to Section 1308.22 of the Code of Federal
18 Regulations (21 C.F.R. 1308.22), are excluded from all
19 schedules of this Act.
20 (Source: P.A. 91-714, eff. 6-2-00.)
 
21     (720 ILCS 570/301)  (from Ch. 56 1/2, par. 1301)
22     Sec. 301. The Department of Financial and Professional
23 Regulation shall promulgate rules and charge reasonable fees
24 and fines relating to the registration and control of the

 

 

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1 manufacture, distribution, and dispensing of controlled
2 substances within this State. All moneys received by the
3 Department of Financial and Professional Regulation under this
4 Act shall be deposited into the respective professional
5 dedicated funds in like manner as the primary professional
6 licenses.
7     A pharmacy, manufacturer of controlled substances, or
8 wholesale distributor of controlled substances that is
9 regulated under this Act and owned and operated by the State is
10 exempt from fees required under this Act. Pharmacists and
11 pharmacy technicians working in facilities owned and operated
12 by the State are not exempt from the payment of fees required
13 by this Act and any rules adopted under this Act. Nothing in
14 this Section shall be construed to prohibit the Department from
15 imposing any fine or other penalty allowed under this Act.
16 (Source: P.A. 95-689, eff. 10-29-07.)
 
17     (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
18     Sec. 302. (a) Every person who manufactures, distributes,
19 or dispenses any controlled substances, or engages in chemical
20 analysis, and instructional activities which utilize
21 controlled substances, or who purchases, stores, or
22 administers euthanasia drugs, within this State or who proposes
23 to engage in the manufacture, distribution, or dispensing of
24 any controlled substance, or to engage in chemical analysis,
25 and instructional activities which utilize controlled

 

 

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1 substances, or to engage in purchasing, storing, or
2 administering euthanasia drugs, within this State, must obtain
3 a registration issued by the Department of Financial and
4 Professional Regulation in accordance with its rules. The rules
5 shall include, but not be limited to, setting the expiration
6 date and renewal period for each registration under this Act.
7 The Department, and any facility or service licensed by the
8 Department, shall be exempt from the regulation requirements of
9 this Section.
10     (b) Persons registered by the Department of Financial and
11 Professional Regulation under this Act to manufacture,
12 distribute, or dispense controlled substances, or purchase,
13 store, or administer euthanasia drugs, may possess,
14 manufacture, distribute, or dispense those substances, or
15 purchase, store, or administer euthanasia drugs, to the extent
16 authorized by their registration and in conformity with the
17 other provisions of this Article.
18     (c) The following persons need not register and may
19 lawfully possess controlled substances under this Act:
20         (1) an agent or employee of any registered
21     manufacturer, distributor, or dispenser of any controlled
22     substance if he or she is acting in the usual course of his
23     or her employer's lawful business or employment;
24         (2) a common or contract carrier or warehouseman, or an
25     agent or employee thereof, whose possession of any
26     controlled substance is in the usual lawful course of such

 

 

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1     business or employment;
2         (3) an ultimate user or a person in possession of any
3     controlled substance pursuant to a lawful prescription of a
4     practitioner or in lawful possession of a Schedule V
5     substance;
6         (4) officers and employees of this State or of the
7     United States while acting in the lawful course of their
8     official duties which requires possession of controlled
9     substances;
10         (5) a registered pharmacist who is employed in, or the
11     owner of, a pharmacy licensed under this Act and the
12     Federal Controlled Substances Act, at the licensed
13     location, or if he or she is acting in the usual course of
14     his or her lawful profession, business, or employment.
15     (d) A separate registration is required at each place of
16 business or professional practice where the applicant
17 manufactures, distributes, or dispenses controlled substances,
18 or purchases, stores, or administers euthanasia drugs. Persons
19 are required to obtain a separate registration for each place
20 of business or professional practice where controlled
21 substances are located or stored. A separate registration is
22 not required for every location at which a controlled substance
23 may be prescribed.
24     (e) The Department of Financial and Professional
25 Regulation or the Department of State Police may inspect the
26 controlled premises, as defined in Section 502 of this Act, of

 

 

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1 a registrant or applicant for registration in accordance with
2 this Act and the rules promulgated hereunder and with regard to
3 persons licensed by the Department, in accordance with
4 subsection (bb) of Section 30-5 of the Alcoholism and Other
5 Drug Abuse and Dependency Act and the rules and regulations
6 promulgated thereunder.
7 (Source: P.A. 93-626, eff. 12-23-03.)
 
8     (720 ILCS 570/303)  (from Ch. 56 1/2, par. 1303)
9     Sec. 303. (a) The Department of Financial and Professional
10 Regulation shall license an applicant to manufacture,
11 distribute or dispense controlled substances included in
12 Section 202 Sections 204, 206, 208, 210 and 212 of this Act or
13 purchase, store, or administer euthanasia drugs unless it
14 determines that the issuance of that license would be
15 inconsistent with the public interest. In determining the
16 public interest, the Department of Financial and Professional
17 Regulation shall consider the following:
18         (1) maintenance of effective controls against
19     diversion of controlled substances into other than lawful
20     medical, scientific, or industrial channels;
21         (2) compliance with applicable Federal, State and
22     local law;
23         (3) any convictions of the applicant under any law of
24     the United States or of any State relating to any
25     controlled substance;

 

 

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1         (4) past experience in the manufacture or distribution
2     of controlled substances, and the existence in the
3     applicant's establishment of effective controls against
4     diversion;
5         (5) furnishing by the applicant of false or fraudulent
6     material in any application filed under this Act;
7         (6) suspension or revocation of the applicant's
8     Federal registration to manufacture, distribute, or
9     dispense controlled substances, or purchase, store, or
10     administer euthanasia drugs, as authorized by Federal law;
11         (7) whether the applicant is suitably equipped with the
12     facilities appropriate to carry on the operation described
13     in his or her application;
14         (8) whether the applicant is of good moral character
15     or, if the applicant is a partnership, association,
16     corporation or other organization, whether the partners,
17     directors, governing committee and managing officers are
18     of good moral character;
19         (9) any other factors relevant to and consistent with
20     the public health and safety; and
21         (10) evidence from court, medical disciplinary and
22     pharmacy board records and those of State and Federal
23     investigatory bodies that the applicant has not or does not
24     prescribe controlled substances within the provisions of
25     this Act.
26     (b) No license shall be granted to or renewed for any

 

 

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1 person who has within 5 years been convicted of a wilful
2 violation of any law of the United States or any law of any
3 State relating to controlled substances, or who is found to be
4 deficient in any of the matters enumerated in subsections
5 (a)(1) through (a)(8).
6     (c) Licensure under subsection (a) does not entitle a
7 registrant to manufacture, distribute or dispense controlled
8 substances in Schedules I or II other than those specified in
9 the registration.
10     (d) Practitioners who are licensed to dispense any
11 controlled substances in Schedules II through V are authorized
12 to conduct instructional activities with controlled substances
13 in Schedules II through V under the law of this State.
14     (e) If an applicant for registration is registered under
15 the Federal law to manufacture, distribute or dispense
16 controlled substances, or purchase, store, or administer
17 euthanasia drugs, upon filing a completed application for
18 licensure in this State and payment of all fees due hereunder,
19 he or she shall be licensed in this State to the same extent as
20 his or her Federal registration, unless, within 30 days after
21 completing his or her application in this State, the Department
22 of Financial and Professional Regulation notifies the
23 applicant that his or her application has not been granted. A
24 practitioner who is in compliance with the Federal law with
25 respect to registration to dispense controlled substances in
26 Schedules II through V need only send a current copy of that

 

 

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1 Federal registration to the Department of Financial and
2 Professional Regulation and he or she shall be deemed in
3 compliance with the registration provisions of this State.
4     (e-5) Beginning July 1, 2003, all of the fees and fines
5 collected under this Section 303 shall be deposited into the
6 Illinois State Pharmacy Disciplinary Fund.
7     (f) The fee for registration as a manufacturer or wholesale
8 distributor of controlled substances shall be $50.00 per year,
9 except that the fee for registration as a manufacturer or
10 wholesale distributor of controlled substances that may be
11 dispensed without a prescription under this Act shall be $15.00
12 per year. The expiration date and renewal period for each
13 controlled substance license issued under this Act shall be set
14 by rule.
15 (Source: P.A. 93-32, eff. 7-1-03; 93-626, eff. 12-23-03.)
 
16     (720 ILCS 570/303.05)
17     Sec. 303.05. Mid-level practitioner registration.
18     (a) The Department of Financial and Professional
19 Regulation shall register licensed physician assistants and
20 licensed advanced practice nurses to prescribe and dispense
21 Schedule III, IV, or V controlled substances under Section 303
22 and euthanasia agencies to purchase, store, or administer
23 euthanasia drugs under the following circumstances:
24         (1) with respect to physician assistants or advanced
25     practice nurses,

 

 

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1             (A) the physician assistant or advanced practice
2         nurse has been delegated prescriptive authority by a
3         physician licensed to practice medicine in all its
4         branches in accordance with Section 7.5 of the
5         Physician Assistant Practice Act of 1987 or Section
6         65-40 of the Nurse Practice Act; and
7             (B) the physician assistant or advanced practice
8         nurse has completed the appropriate application forms
9         and has paid the required fees as set by rule; or
10         (2) with respect to euthanasia agencies, the
11     euthanasia agency has obtained a license from the
12     Department of Professional Regulation and obtained a
13     registration number from the Department.
14     (b) The mid-level practitioner shall only be licensed to
15 prescribe those schedules of controlled substances for which a
16 licensed physician has delegated prescriptive authority,
17 except that a euthanasia agency does not have any prescriptive
18 authority.
19     (c) Upon completion of all registration requirements,
20 physician assistants, advanced practice nurses, and euthanasia
21 agencies shall be issued a mid-level practitioner controlled
22 substances license for Illinois.
23 (Source: P.A. 95-639, eff. 10-5-07.)
 
24     (720 ILCS 570/303.1)  (from Ch. 56 1/2, par. 1303.1)
25     Sec. 303.1. Any person who delivers a check or other

 

 

HB3695 - 31 - LRB096 04213 RLC 21759 b

1 payment to the Department of Financial and Professional
2 Regulation that is returned to the Department of Financial and
3 Professional Regulation unpaid by the financial institution
4 upon which it is drawn shall pay to the Department of Financial
5 and Professional Regulation, in addition to the amount already
6 owed to the Department of Financial and Professional
7 Regulation, a fine of $50. If the check or other payment was
8 for a renewal or issuance fee and that person practices without
9 paying the renewal fee or issuance fee and the fine due, an
10 additional fine of $100 shall be imposed. The fines imposed by
11 this Section are in addition to any other discipline provided
12 under this Act for unlicensed practice or practice on a
13 nonrenewed license. The Department of Financial and
14 Professional Regulation shall notify the person that payment of
15 fees and fines shall be paid to the Department of Financial and
16 Professional Regulation by certified check or money order
17 within 30 calendar days of the notification. If, after the
18 expiration of 30 days from the date of the notification, the
19 person has failed to submit the necessary remittance, the
20 Department of Financial and Professional Regulation shall
21 automatically terminate the license or certificate or deny the
22 application, without hearing. If, after termination or denial,
23 the person seeks a license or certificate, he or she shall
24 apply to the Department of Financial and Professional
25 Regulation for restoration or issuance of the license or
26 certificate and pay all fees and fines due to the Department of

 

 

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1 Financial and Professional Regulation. The Department of
2 Financial and Professional Regulation may establish a fee for
3 the processing of an application for restoration of a license
4 or certificate to pay all expenses of processing this
5 application. The Secretary of Financial and Professional
6 Regulation Director may waive the fines due under this Section
7 in individual cases where the Secretary of Financial and
8 Professional Regulation Director finds that the fines would be
9 unreasonable or unnecessarily burdensome.
10 (Source: P.A. 89-507, eff. 7-1-97.)
 
11     (720 ILCS 570/304)  (from Ch. 56 1/2, par. 1304)
12     Sec. 304. (a) A registration under Section 303 to
13 manufacture, distribute, or dispense a controlled substance or
14 purchase, store, or administer euthanasia drugs may be
15 suspended or revoked by the Department of Financial and
16 Professional Regulation upon a finding that the registrant:
17         (1) has furnished any false or fraudulent material
18     information in any application filed under this Act; or
19         (2) has been convicted of a felony under any law of the
20     United States or any State relating to any controlled
21     substance; or
22         (3) has had suspended or revoked his or her Federal
23     registration to manufacture, distribute, or dispense
24     controlled substances or purchase, store, or administer
25     euthanasia drugs; or

 

 

HB3695 - 33 - LRB096 04213 RLC 21759 b

1         (4) has been convicted of bribery, perjury, or other
2     infamous crime under the laws of the United States or of
3     any State; or
4         (5) has violated any provision of this Act or any rules
5     promulgated hereunder, or any provision of the
6     Methamphetamine Precursor Control Act or rules promulgated
7     thereunder, whether or not he or she has been convicted of
8     such violation; or
9         (6) has failed to provide effective controls against
10     the diversion of controlled substances in other than
11     legitimate medical, scientific or industrial channels.
12     (b) The Department of Financial and Professional
13 Regulation may limit revocation or suspension of a registration
14 to the particular controlled substance with respect to which
15 grounds for revocation or suspension exist.
16     (c) The Department of Financial and Professional
17 Regulation shall promptly notify the Administration, the
18 Department of Human Services and the Department of State Police
19 or their successor agencies, of all orders denying, suspending
20 or revoking registration, all forfeitures of controlled
21 substances, and all final court dispositions, if any, of such
22 denials, suspensions, revocations or forfeitures.
23     (d) If Federal registration of any registrant is suspended,
24 revoked, refused renewal or refused issuance, then the
25 Department of Financial and Professional Regulation shall
26 issue a notice and conduct a hearing in accordance with Section

 

 

HB3695 - 34 - LRB096 04213 RLC 21759 b

1 305 of this Act.
2 (Source: P.A. 93-626, eff. 12-23-03; 94-694, eff. 1-15-06.)
 
3     (720 ILCS 570/305)  (from Ch. 56 1/2, par. 1305)
4     Sec. 305. (a) Before denying, refusing renewal of,
5 suspending or revoking a registration, the Department of
6 Financial and Professional Regulation shall serve upon the
7 applicant or registrant, by registered mail at the address in
8 the application or registration or by any other means
9 authorized under the Civil Practice Law or Rules of the
10 Illinois Supreme Court for the service of summons or subpoenas,
11 a notice of hearing to determine why registration should not be
12 denied, refused renewal, suspended or revoked. The notice shall
13 contain a statement of the basis therefor and shall call upon
14 the applicant or registrant to appear before the Department of
15 Financial and Professional Regulation at a reasonable time and
16 place. These proceedings shall be conducted in accordance with
17 Sections 2105-5, 2105-15, 2105-100, 2105-105, 2105-110,
18 2105-115, 2105-120, 2105-125, 2105-175, and 2105-325 of the
19 Department of Financial and Professional Regulation Law (20
20 ILCS 2105/2105-5, 2105/2105-15, 2105/2105-100, 2105/2105-105,
21 2105/2105-110, 2105/2105-115, 2105/2105-120, 2105/2105-125,
22 2105/2105-175, and 2105/2105-325), without regard to any
23 criminal prosecution or other proceeding. Except as authorized
24 in subsection (c), proceedings to refuse renewal or suspend or
25 revoke registration shall not abate the existing registration,

 

 

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1 which shall remain in effect until the Department of Financial
2 and Professional Regulation has held the hearing called for in
3 the notice and found, with input from the appropriate licensure
4 or disciplinary board, that the registration shall no longer
5 remain in effect.
6     (b) The Secretary of Financial and Professional Regulation
7 Director may appoint an attorney duly licensed to practice law
8 in the State of Illinois to serve as the hearing officer in any
9 action to deny, refuse to renew, suspend, or revoke, or take
10 any other disciplinary action with regard to a registration.
11 The hearing officer shall have full authority to conduct the
12 hearing. The hearing officer shall report his or her findings
13 and recommendations to the appropriate licensure or
14 disciplinary board within 30 days after receiving the record.
15 The Disciplinary Board shall have 60 days from receipt of the
16 report to review the report of the hearing officer and present
17 its findings of fact, conclusions of law, and recommendations
18 to the Secretary of Financial and Professional Regulation
19 Director.
20     (c) If the Department of Financial and Professional
21 Regulation finds that there is an imminent danger to the public
22 health or safety by the continued manufacture, distribution or
23 dispensing of controlled substances by the registrant, the
24 Department of Financial and Professional Regulation may, upon
25 the issuance of a written ruling stating the reasons for such
26 finding and without notice or hearing, suspend such registrant.

 

 

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1 The suspension shall continue in effect for not more than 14
2 days during which time the registrant shall be given a hearing
3 on the issues involved in the suspension. If after the hearing,
4 and after input from the appropriate licensure or disciplinary
5 board, the Department of Financial and Professional Regulation
6 finds that the public health or safety requires the suspension
7 to remain in effect it shall so remain until the ruling is
8 terminated by its own terms or subsequent ruling or is
9 dissolved by a circuit court upon determination that the
10 suspension was wholly without basis in fact and law.
11     (d) If, after a hearing as provided in subsection (a), the
12 Department of Financial and Professional Regulation finds that
13 a registration should be refused renewal, suspended or revoked,
14 a written ruling to that effect shall be entered. The
15 Department of Financial and Professional Regulation's ruling
16 shall remain in effect until the ruling is terminated by its
17 own terms or subsequent ruling or is dissolved by a circuit
18 court upon a determination that the refusal to renew suspension
19 or revocation was wholly without basis in fact and law.
20 (Source: P.A. 91-239, eff. 1-1-00.)
 
21     (720 ILCS 570/306)  (from Ch. 56 1/2, par. 1306)
22     Sec. 306. Every practitioner and person who is required
23 under this Act to be registered to manufacture, distribute or
24 dispense controlled substances or purchase, store, or
25 administer euthanasia drugs under this Act shall keep records

 

 

HB3695 - 37 - LRB096 04213 RLC 21759 b

1 and maintain inventories in conformance with the recordkeeping
2 and inventory requirements of the laws of the United States and
3 with any additional rules and forms issued by the Department of
4 Financial and Professional Regulation.
5 (Source: P.A. 93-626, eff. 12-23-03.)
 
6     (720 ILCS 570/309)  (from Ch. 56 1/2, par. 1309)
7     Sec. 309. On or after April 1, 2000, no person shall issue
8 a prescription for a Schedule II controlled substance, which is
9 a narcotic drug listed in Section 202 206 of this Act; or which
10 contains any quantity of amphetamine or methamphetamine, their
11 salts, optical isomers or salts of optical isomers;
12 phenmetrazine and its salts; gluthethimide; and pentazocine,
13 other than on a written prescription; provided that in the case
14 of an emergency, epidemic or a sudden or unforeseen accident or
15 calamity, the prescriber may issue a lawful oral prescription
16 where failure to issue such a prescription might result in loss
17 of life or intense suffering, but such oral prescription shall
18 include a statement by the prescriber concerning the accident
19 or calamity, or circumstances constituting the emergency, the
20 cause for which an oral prescription was used. Within 7 days
21 after issuing an emergency prescription, the prescriber shall
22 cause a written prescription for the emergency quantity
23 prescribed to be delivered to the dispensing pharmacist. The
24 prescription shall have written on its face "Authorization for
25 Emergency Dispensing", and the date of the emergency

 

 

HB3695 - 38 - LRB096 04213 RLC 21759 b

1 prescription. The written prescription may be delivered to the
2 pharmacist in person, or by mail, but if delivered by mail it
3 must be postmarked within the 7-day period. Upon receipt, the
4 dispensing pharmacist shall attach this prescription to the
5 emergency oral prescription earlier received and reduced to
6 writing. The dispensing pharmacist shall notify the Department
7 of Financial and Professional Regulation Human Services if the
8 prescriber fails to deliver the authorization for emergency
9 dispensing on the prescription to him or her. Failure of the
10 dispensing pharmacist to do so shall void the authority
11 conferred by this paragraph to dispense without a written
12 prescription of a prescriber. All prescriptions issued for
13 Schedule II controlled substances shall include both a written
14 and numerical notation of quantity on the face of the
15 prescription. No prescription for a Schedule II controlled
16 substance may be refilled. The Department shall provide, at no
17 cost, audit reviews and necessary information to the Department
18 of Financial and Professional Regulation in conjunction with
19 ongoing investigations being conducted in whole or part by the
20 Department of Financial and Professional Regulation.
21 (Source: P.A. 95-689, eff. 10-29-07.)
 
22     (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)
23     Sec. 312. Requirements for dispensing controlled
24 substances.
25     (a) A practitioner, in good faith, may dispense a Schedule

 

 

HB3695 - 39 - LRB096 04213 RLC 21759 b

1 II controlled substance, which is a narcotic drug listed in
2 Section 202 206 of this Act, ; or which contains any quantity
3 of amphetamine or methamphetamine, their salts, optical
4 isomers or salts of optical isomers; phenmetrazine and its
5 salts; or pentazocine; and Schedule III, IV, or V controlled
6 substances to any person upon a written prescription of any
7 prescriber, dated and signed by the person prescribing on the
8 day when issued and bearing the name and address of the patient
9 for whom, or the owner of the animal for which the controlled
10 substance is dispensed, and the full name, address and registry
11 number under the laws of the United States relating to
12 controlled substances of the prescriber, if he or she is
13 required by those laws to be registered. If the prescription is
14 for an animal it shall state the species of animal for which it
15 is ordered. The practitioner filling the prescription shall,
16 unless otherwise allowed, write the date of filling and his or
17 her own signature on the face of the written prescription. The
18 written prescription shall be retained on file by the
19 practitioner who filled it or pharmacy in which the
20 prescription was filled for a period of 2 years, so as to be
21 readily accessible for inspection or removal by any officer or
22 employee engaged in the enforcement of this Act. Whenever the
23 practitioner's or pharmacy's copy of any prescription is
24 removed by an officer or employee engaged in the enforcement of
25 this Act, for the purpose of investigation or as evidence, such
26 officer or employee shall give to the practitioner or pharmacy

 

 

HB3695 - 40 - LRB096 04213 RLC 21759 b

1 a receipt in lieu thereof. A prescription for a Schedule II
2 controlled substance shall not be filled more than 7 days after
3 the date of issuance. If the specific prescription is machine
4 or computer generated at the prescriber's office, the date does
5 not need to be handwritten. A written prescription for Schedule
6 III, IV or V controlled substances shall not be filled or
7 refilled more than 6 months after the date thereof or refilled
8 more than 5 times unless renewed, in writing, by the
9 prescriber.
10     (b) In lieu of a written prescription required by this
11 Section, a pharmacist, in good faith, may dispense Schedule
12 III, IV, or V substances to any person either upon receiving a
13 facsimile of a written, signed prescription transmitted by the
14 prescriber or the prescriber's agent or upon a lawful oral
15 prescription of a prescriber which oral prescription shall be
16 reduced promptly to writing by the pharmacist and such written
17 memorandum thereof shall be dated on the day when such oral
18 prescription is received by the pharmacist and shall bear the
19 full name and address of the ultimate user for whom, or of the
20 owner of the animal for which the controlled substance is
21 dispensed, and the full name, address, and registry number
22 under the law of the United States relating to controlled
23 substances of the prescriber prescribing if he or she is
24 required by those laws to be so registered, and the pharmacist
25 filling such oral prescription shall write the date of filling
26 and his or her own signature on the face of such written

 

 

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1 memorandum thereof. The facsimile copy of the prescription or
2 written memorandum of the oral prescription shall be retained
3 on file by the proprietor of the pharmacy in which it is filled
4 for a period of not less than two years, so as to be readily
5 accessible for inspection by any officer or employee engaged in
6 the enforcement of this Act in the same manner as a written
7 prescription. The facsimile copy of the prescription or oral
8 prescription and the written memorandum thereof shall not be
9 filled or refilled more than 6 months after the date thereof or
10 be refilled more than 5 times, unless renewed, in writing, by
11 the prescriber.
12     (c) Except for any non-prescription targeted
13 methamphetamine precursor regulated by the Methamphetamine
14 Precursor Control Act, a controlled substance included in
15 Schedule V shall not be distributed or dispensed other than for
16 a medical purpose and not for the purpose of evading this Act,
17 and then:
18         (1) only personally by a person registered to dispense
19     a Schedule V controlled substance and then only to his or
20     her patients, or
21         (2) only personally by a pharmacist, and then only to a
22     person over 21 years of age who has identified himself or
23     herself to the pharmacist by means of 2 positive documents
24     of identification.
25         (3) the dispenser shall record the name and address of
26     the purchaser, the name and quantity of the product, the

 

 

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1     date and time of the sale, and the dispenser's signature.
2         (4) no person shall purchase or be dispensed more than
3     120 milliliters or more than 120 grams of any Schedule V
4     substance which contains codeine, dihydrocodeine, or any
5     salts thereof, or ethylmorphine, or any salts thereof, in
6     any 96 hour period. The purchaser shall sign a form,
7     approved by the Department of Financial and Professional
8     Regulation, attesting that he or she has not purchased any
9     Schedule V controlled substances within the immediately
10     preceding 96 hours.
11         (5) (Blank). a copy of the records of sale, including
12     all information required by paragraph (3), shall be
13     forwarded to the Department of Professional Regulation at
14     its principal office by the 15th day of the following
15     month.
16         (6) all records of purchases and sales shall be
17     maintained for not less than 2 years.
18         (7) no person shall obtain or attempt to obtain within
19     any consecutive 96 hour period any Schedule V substances of
20     more than 120 milliliters or more than 120 grams containing
21     codeine, dihydrocodeine or any of its salts, or
22     ethylmorphine or any of its salts. Any person obtaining any
23     such preparations or combination of preparations in excess
24     of this limitation shall be in unlawful possession of such
25     controlled substance.
26         (8) a person qualified to dispense controlled

 

 

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1     substances under this Act and registered thereunder shall
2     at no time maintain or keep in stock a quantity of Schedule
3     V controlled substances defined and listed in Section 212
4     (b) (1), (2) or (3) in excess of 4.5 liters for each
5     substance; a pharmacy shall at no time maintain or keep in
6     stock a quantity of Schedule V controlled substances as
7     defined in excess of 4.5 liters for each substance, plus
8     the additional quantity of controlled substances necessary
9     to fill the largest number of prescription orders filled by
10     that pharmacy for such controlled substances in any one
11     week in the previous year. These limitations shall not
12     apply to Schedule V controlled substances which Federal law
13     prohibits from being dispensed without a prescription.
14         (9) no person shall distribute or dispense butyl
15     nitrite for inhalation or other introduction into the human
16     body for euphoric or physical effect.
17     (d) Every practitioner shall keep a record of controlled
18 substances received by him and a record of all such controlled
19 substances administered, dispensed or professionally used by
20 him or her otherwise than by prescription. It shall, however,
21 be sufficient compliance with this paragraph if any
22 practitioner utilizing controlled substances listed in
23 Schedules III, IV and V shall keep a record of all those
24 substances dispensed and distributed by him or her other than
25 those controlled substances which are administered by the
26 direct application of a controlled substance, whether by

 

 

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1 injection, inhalation, ingestion, or any other means to the
2 body of a patient or research subject. A practitioner who
3 dispenses, other than by administering, a controlled substance
4 in Schedule II, which is a narcotic drug listed in Section 206
5 of this Act, or which contains any quantity of amphetamine or
6 methamphetamine, their salts, optical isomers or salts of
7 optical isomers, pentazocine, or methaqualone shall do so only
8 upon the issuance of a written prescription blank by a
9 prescriber.
10     (e) Whenever a manufacturer distributes a controlled
11 substance in a package prepared by him or her, and whenever a
12 wholesale distributor distributes a controlled substance in a
13 package prepared by him or her or the manufacturer, he or she
14 shall securely affix to each package in which that substance is
15 contained a label showing in legible English the name and
16 address of the manufacturer, the distributor and the quantity,
17 kind and form of controlled substance contained therein. No
18 person except a pharmacist and only for the purposes of filling
19 a prescription under this Act, shall alter, deface or remove
20 any label so affixed.
21     (f) Whenever a practitioner dispenses any controlled
22 substance except a non-prescription targeted methamphetamine
23 precursor regulated by the Methamphetamine Precursor Control
24 Act, he or she shall affix to the container in which such
25 substance is sold or dispensed, a label indicating the date of
26 initial filling, the practitioner's name and address, the name

 

 

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1 of the patient, the name of the prescriber, the directions for
2 use and cautionary statements, if any, contained in any
3 prescription or required by law, the proprietary name or names
4 or the established name of the controlled substance, and the
5 dosage and quantity, except as otherwise authorized by
6 regulation by the Department of Financial and Professional
7 Regulation. No person shall alter, deface or remove any label
8 so affixed as long as any of the specific medication remains in
9 the container.
10     (g) A person to whom or for whose use any controlled
11 substance has been prescribed or dispensed by a practitioner,
12 or other persons authorized under this Act, and the owner of
13 any animal for which such substance has been prescribed or
14 dispensed by a veterinarian, may lawfully possess such
15 substance only in the container in which it was delivered to
16 him or her by the person dispensing such substance.
17     (h) The responsibility for the proper prescribing or
18 dispensing of controlled substances that are under the
19 prescriber's direct control is upon the prescriber. The and the
20 responsibility for the proper filling of a prescription for
21 controlled substance drugs rests with the pharmacist. An order
22 purporting to be a prescription issued to any individual, which
23 is not in the regular course of professional treatment nor part
24 of an authorized methadone maintenance program, nor in
25 legitimate and authorized research instituted by any
26 accredited hospital, educational institution, charitable

 

 

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1 foundation, or federal, state or local governmental agency, and
2 which is intended to provide that individual with controlled
3 substances sufficient to maintain that individual's or any
4 other individual's physical or psychological addiction,
5 habitual or customary use, dependence, or diversion of that
6 controlled substance is not a prescription within the meaning
7 and intent of this Act; and the person issuing it, shall be
8 subject to the penalties provided for violations of the law
9 relating to controlled substances.
10     (i) A prescriber shall not preprint or cause to be
11 preprinted a prescription for any controlled substance; nor
12 shall any practitioner issue, fill or cause to be issued or
13 filled, a preprinted prescription for any controlled
14 substance. In order to avoid handwriting errors a prescriber
15 may use a machine or computer type device to individually
16 generate a printed prescription or electronically transmit a
17 prescription to a dispenser of the patient's choice; however,
18 the prescriber is still required to affix his or her original
19 or approved, secure electronic signature to the prescription.
20     (j) No person shall manufacture, dispense, deliver,
21 possess with intent to deliver, prescribe, or administer or
22 cause to be administered under his or her direction any
23 anabolic steroid, for any use in humans other than the
24 treatment of disease in accordance with the order of a
25 physician licensed to practice medicine in all its branches for
26 a valid medical purpose in the course of professional practice.

 

 

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1 The use of anabolic steroids for the purpose of hormonal
2 manipulation that is intended to increase muscle mass, strength
3 or weight without a medical necessity to do so, or for the
4 intended purpose of improving physical appearance or
5 performance in any form of exercise, sport, or game, is not a
6 valid medical purpose or in the course of professional
7 practice.
8     (k) As allowed by the federal electronic signature statute
9 or administrative rule, a prescriber may establish with any
10 dispenser an approved, secure electronic signature, which
11 shall have the effect of an original signature for any
12 prescription.
13     (l) If an electronic signature authorization is
14 established between a prescriber and a dispenser, the
15 prescriber may electronically transmit a prescription on a
16 secure connection between the prescriber and the dispenser.
17     (m) An electronically presented prescription may only be
18 used with established patients.
19     (n) A prescriber's first-time patient may only use a
20 prescription prepared in the prescriber's office.
21     (o) In the case of a prescription for a Schedule II
22 medication which has an electronic signature of the prescriber,
23 the dispenser must confirm the prescription by means of
24 telephone or facsimile or other one-to-one contact with the
25 prescriber. The dispenser must note the name of the individual
26 contacted and the date and time on the prescription.

 

 

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1     (p) Failure to comply with the law regarding the electronic
2 signature or the electronically presented prescription shall
3 be considered a deceptive practice.
4 (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)
 
5     (720 ILCS 570/313)  (from Ch. 56 1/2, par. 1313)
6     Sec. 313. (a) Controlled substances which are lawfully
7 administered in hospitals or institutions licensed under the
8 "Hospital Licensing Act" shall be exempt from the requirements
9 of Sections 312 and 316 except that the prescription for the
10 controlled substance shall be in writing on the patient's
11 record, signed by the prescriber, dated, and shall state the
12 name, and quantity of controlled substances ordered and the
13 quantity actually administered. The records of such
14 prescriptions shall be maintained for two years and shall be
15 available for inspection by officers and employees of the
16 Department of State Police, and the Department of Financial and
17 Professional Regulation.
18     (b) Controlled substances that can lawfully be
19 administered or dispensed directly to a patient in a long-term
20 care facility licensed by the Department of Public Health as a
21 skilled nursing facility, intermediate care facility, or
22 long-term care facility for residents under 22 years of age,
23 are exempt from the requirements of Section 312 except that a
24 prescription for a Schedule II controlled substance must be
25 either a written prescription signed by the prescriber or a

 

 

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1 written prescription transmitted by the prescriber or
2 prescriber's agent to the dispensing pharmacy by facsimile. The
3 facsimile serves as the original prescription and must be
4 maintained for 2 years from the date of issue in the same
5 manner as a written prescription signed by the prescriber.
6     (c) A prescription that is originated written for a
7 Schedule II controlled substance to be compounded for direct
8 administration by parenteral, intravenous, intramuscular,
9 subcutaneous, or intraspinal infusion to a patient in a private
10 residence, long-term care facility, or hospice program may be
11 transmitted by facsimile by the prescriber or the prescriber's
12 agent to the pharmacy providing the home infusion services. The
13 facsimile serves as the original written prescription for
14 purposes of this paragraph (c) and it shall be maintained in
15 the same manner as the original written prescription.
16     (c-1) A prescription generated written for a Schedule II
17 controlled substance for a patient residing in a hospice
18 certified by Medicare under Title XVIII of the Social Security
19 Act or licensed by the State may be transmitted by the
20 practitioner or the practitioner's agent to the dispensing
21 pharmacy by facsimile. The practitioner or practitioner's
22 agent must note on the prescription that the patient is a
23 hospice patient. The facsimile serves as the original written
24 prescription for purposes of this paragraph (c-1) and it shall
25 be maintained in the same manner as the original written
26 prescription.

 

 

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1     (d) Controlled substances which are lawfully administered
2 and/or dispensed in drug abuse treatment programs licensed by
3 the Department shall be exempt from the requirements of
4 Sections 312 and 316, except that the prescription for such
5 controlled substances shall be issued and authenticated on
6 official prescription logs prepared and supplied by the
7 Department. The official prescription logs issued by the
8 Department shall be printed in triplicate on distinctively
9 marked paper and furnished to programs at reasonable cost. The
10 official prescription logs furnished to the programs shall
11 contain, in preprinted form, such information as the Department
12 may require. The official prescription logs shall be properly
13 endorsed by a physician licensed to practice medicine in all
14 its branches issuing the order, with his or her own signature
15 and the date of ordering, and further endorsed by the
16 practitioner actually administering or dispensing the dosage
17 at the time of such administering or dispensing in accordance
18 with requirements issued by the Department. The duplicate copy
19 shall be retained by the program for a period of not less than
20 three years nor more than seven years; the original and
21 triplicate copy shall be returned to the Department at its
22 principal office in accordance with requirements set forth by
23 the Department.
24 (Source: P.A. 95-442, eff. 1-1-08.)
 
25     (720 ILCS 570/318)

 

 

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1     Sec. 318. Confidentiality of information.
2     (a) Information received by the central repository under
3 Section 316 and 321 is confidential.
4     (b) The Department must carry out a program to protect the
5 confidentiality of the information described in subsection
6 (a). The Department may disclose the information to another
7 person only under subsection (c), (d), or (f) and may charge a
8 fee not to exceed the actual cost of furnishing the
9 information.
10     (c) The Department may disclose confidential information
11 described in subsection (a) to any person who is engaged in
12 receiving, processing, or storing the information.
13     (d) The Department may release confidential information
14 described in subsection (a) to the following persons:
15         (1) A governing body that licenses practitioners and is
16     engaged in an investigation, an adjudication, or a
17     prosecution of a violation under any State or federal law
18     that involves a controlled substance.
19         (2) An investigator for the Consumer Protection
20     Division of the office of the Attorney General, a
21     prosecuting attorney, the Attorney General, a deputy
22     Attorney General, or an investigator from the office of the
23     Attorney General, who is engaged in any of the following
24     activities involving controlled substances:
25             (A) an investigation;
26             (B) an adjudication; or

 

 

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1             (C) a prosecution of a violation under any State or
2         federal law that involves a controlled substance.
3         (3) A law enforcement officer who is:
4             (A) authorized by the Department of State Police or
5         the office of a county sheriff or State's Attorney or
6         municipal police department of Illinois to receive
7         information of the type requested for the purpose of
8         investigations involving controlled substances; or
9             (B) approved by the Department to receive
10         information of the type requested for the purpose of
11         investigations involving controlled substances; and
12             (C) engaged in the investigation or prosecution of
13         a violation under any State or federal law that
14         involves a controlled substance.
15     (e) Before the Department releases confidential
16 information under subsection (d), the applicant must
17 demonstrate in writing to the Department that:
18         (1) the applicant has reason to believe that a
19     violation under any State or federal law that involves a
20     controlled substance has occurred; and
21         (2) the requested information is reasonably related to
22     the investigation, adjudication, or prosecution of the
23     violation described in subdivision (1).
24     (f) The Department may receive and release prescription
25 record information to:
26         (1) a governing body that licenses practitioners;

 

 

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1         (2) an investigator for the Consumer Protection
2     Division of the office of the Attorney General, a
3     prosecuting attorney, the Attorney General, a deputy
4     Attorney General, or an investigator from the office of the
5     Attorney General;
6         (3) any Illinois law enforcement officer who is:
7             (A) authorized to receive the type of information
8         released; and
9             (B) approved by the Department to receive the type
10         of information released; or
11         (4) prescription monitoring entities in other states
12     per the provisions outlined in subsection (g) and (h)
13     below;
14 confidential prescription record information collected under
15 Sections 316 and 321 that identifies vendors or practitioners,
16 or both, who are prescribing or dispensing large quantities of
17 Schedule II, III, IV, or V controlled substances outside the
18 scope of their practice, pharmacy, or business, as determined
19 by the Advisory Committee created by Section 320.
20     (g) The information described in subsection (f) may not be
21 released until it has been reviewed by an employee of the
22 Department who is licensed as a prescriber or a dispenser and
23 until that employee has certified that further investigation is
24 warranted. However, failure to comply with this subsection (g)
25 does not invalidate the use of any evidence that is otherwise
26 admissible in a proceeding described in subsection (h).

 

 

HB3695 - 54 - LRB096 04213 RLC 21759 b

1     (h) An investigator or a law enforcement officer receiving
2 confidential information under subsection (c), (d), or (f) may
3 disclose the information to a law enforcement officer or an
4 attorney for the office of the Attorney General for use as
5 evidence in the following:
6         (1) A proceeding under any State or federal law that
7     involves a controlled substance.
8         (2) A criminal proceeding or a proceeding in juvenile
9     court that involves a controlled substance.
10     (i) The Department may compile statistical reports from the
11 information described in subsection (a). The reports must not
12 include information that identifies, by name, license or
13 address, any practitioner, dispenser, ultimate user, or other
14 person administering a controlled substance.
15     (j) Based upon federal, initial and maintenance funding, a
16 prescriber and dispenser inquiry system shall be developed to
17 assist the medical community in its goal of effective clinical
18 practice and to prevent patients from diverting or abusing
19 medications.
20         (1) An inquirer shall have read-only access to a
21     stand-alone database which shall contain records for the
22     previous 6 months.
23         (2) Dispensers may, upon positive and secure
24     identification, make an inquiry on a patient or customer
25     solely for a medical purpose as delineated within the
26     federal HIPAA law.

 

 

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1         (3) The Department shall provide a one-to-one secure
2     link and encrypted software necessary to establish the link
3     between an inquirer and the Department. Technical
4     assistance shall also be provided.
5         (4) Written inquiries are acceptable but must include
6     the fee and the requestor's Drug Enforcement
7     Administration license number and submitted upon the
8     requestor's business stationary.
9         (5) No data shall be stored in the database beyond 24
10     months.
11         (6) Tracking analysis shall be established and used per
12     administrative rule.
13         (7) Nothing in this Act or Illinois law shall be
14     construed to require a prescriber or dispenser to make use
15     of this inquiry system.
16         (8) If there is an adverse outcome because of a
17     prescriber or dispenser making an inquiry, which is
18     initiated in good faith, the prescriber or dispenser shall
19     be held harmless from any civil liability.
20     (k) Based upon federal and initial and maintenance funding,
21 unless appropriated or otherwise authorized by the General
22 Assembly, a restricted and secure inquiry system shall be
23 developed to assist the law enforcement community in its goal
24 to enforce federal and State law as well as local ordinances
25 related to prescription medications. Criteria for the inquiry
26 system shall follow the criteria provided in subsection (j)

 

 

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1 noted above with the addition that any person making an inquiry
2 must attest that said inquiry is strictly for the purpose of
3 conducting a probable cause investigation only.
4 (Source: P.A. 95-442, eff. 1-1-08.)
 
5     (720 ILCS 570/405)  (from Ch. 56 1/2, par. 1405)
6     Sec. 405. (a) Any person who engages in a calculated
7 criminal drug conspiracy, as defined in subsection (b), is
8 guilty of a Class X felony. The fine for violation of this
9 Section shall not be more than $500,000, and the offender shall
10 be subject to the forfeitures prescribed in subsection (c).
11     (b) For purposes of this Section section, a person engages
12 in a calculated criminal drug conspiracy when:
13         (1) he or she violates any of the provisions of
14     subsection (a) or (c) of Section 401 or subsection (a) of
15     Section 402; and
16         (2) such violation is a part of a conspiracy undertaken
17     or carried on with two or more other persons; and
18         (3) he or she obtains anything of value greater than
19     $500 from, or organizes, directs or finances such violation
20     or conspiracy.
21     (c) Any person who is convicted under this section of
22 engaging in a calculated criminal drug conspiracy shall forfeit
23 to the State of Illinois:
24         (1) the receipts obtained by him or her in such
25     conspiracy; and

 

 

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1         (2) any of his or her interests in, claims against,
2     receipts from, or property or rights of any kind affording
3     a source of influence over, such conspiracy.
4     (d) The circuit court may enter such injunctions,
5 restraining orders, directions or prohibitions, or to take such
6 other actions, including the acceptance of satisfactory
7 performance bonds, in connection with any property, claim,
8 receipt, right or other interest subject to forfeiture under
9 this Section, as it deems proper.
10 (Source: P.A. 91-357, eff. 7-29-99.)
 
11     (720 ILCS 570/405.1)  (from Ch. 56 1/2, par. 1405.1)
12     Sec. 405.1. (a) Elements of the offense. A person commits
13 criminal drug conspiracy when, with the intent that an offense
14 set forth in Section 401, Section 402, or Section 407 of this
15 Act be committed, he or she agrees with another to the
16 commission of that offense. No person may be convicted of
17 conspiracy to commit such an offense unless an act in
18 furtherance of such agreement is alleged and proved to have
19 been committed by him or her or by a co-conspirator.
20     (b) Co-conspirators. It shall not be a defense to
21 conspiracy that the person or persons with whom the accused is
22 alleged to have conspired:
23         (1) Has not been prosecuted or convicted, or
24         (2) Has been convicted of a different offense, or
25         (3) Is not amenable to justice, or

 

 

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1         (4) Has been acquitted, or
2         (5) Lacked the capacity to commit an offense.
3     (c) Sentence. A person convicted of criminal drug
4 conspiracy may be fined or imprisoned or both, but any term of
5 imprisonment imposed shall be not less than the minimum nor
6 more than the maximum provided for the offense which is the
7 object of the conspiracy.
8 (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
 
9     (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
10     Sec. 410. (a) Whenever any person who has not previously
11 been convicted of, or placed on probation or court supervision
12 for any offense under this Act or any law of the United States
13 or of any State relating to cannabis or controlled substances,
14 pleads guilty to or is found guilty of possession of a
15 controlled or counterfeit substance under subsection (c) of
16 Section 402 or of unauthorized possession of prescription form
17 under Section 406.2, the court, without entering a judgment and
18 with the consent of such person, may sentence him or her to
19 probation.
20     (b) When a person is placed on probation, the court shall
21 enter an order specifying a period of probation of 24 months
22 and shall defer further proceedings in the case until the
23 conclusion of the period or until the filing of a petition
24 alleging violation of a term or condition of probation.
25     (c) The conditions of probation shall be that the person:

 

 

HB3695 - 59 - LRB096 04213 RLC 21759 b

1 (1) not violate any criminal statute of any jurisdiction; (2)
2 refrain from possessing a firearm or other dangerous weapon;
3 (3) submit to periodic drug testing at a time and in a manner
4 as ordered by the court, but no less than 3 times during the
5 period of the probation, with the cost of the testing to be
6 paid by the probationer; and (4) perform no less than 30 hours
7 of community service, provided community service is available
8 in the jurisdiction and is funded and approved by the county
9 board.
10     (d) The court may, in addition to other conditions, require
11 that the person:
12         (1) make a report to and appear in person before or
13     participate with the court or such courts, person, or
14     social service agency as directed by the court in the order
15     of probation;
16         (2) pay a fine and costs;
17         (3) work or pursue a course of study or vocational
18     training;
19         (4) undergo medical or psychiatric treatment; or
20     treatment or rehabilitation approved by the Illinois
21     Department of Human Services;
22         (5) attend or reside in a facility established for the
23     instruction or residence of defendants on probation;
24         (6) support his or her dependents;
25         (6-5) refrain from having in his or her body the
26     presence of any illicit drug prohibited by the Cannabis

 

 

HB3695 - 60 - LRB096 04213 RLC 21759 b

1     Control Act, the Illinois Controlled Substances Act, or the
2     Methamphetamine Control and Community Protection Act,
3     unless prescribed by a physician, and submit samples of his
4     or her blood or urine or both for tests to determine the
5     presence of any illicit drug;
6         (7) and in addition, if a minor:
7             (i) reside with his or her parents or in a foster
8         home;
9             (ii) attend school;
10             (iii) attend a non-residential program for youth;
11             (iv) contribute to his or her own support at home
12         or in a foster home.
13     (e) Upon violation of a term or condition of probation, the
14 court may enter a judgment on its original finding of guilt and
15 proceed as otherwise provided.
16     (f) Upon fulfillment of the terms and conditions of
17 probation, the court shall discharge the person and dismiss the
18 proceedings against him or her.
19     (g) A disposition of probation is considered to be a
20 conviction for the purposes of imposing the conditions of
21 probation and for appeal, however, discharge and dismissal
22 under this Section is not a conviction for purposes of this Act
23 or for purposes of disqualifications or disabilities imposed by
24 law upon conviction of a crime.
25     (h) There may be only one discharge and dismissal under
26 this Section, Section 10 of the Cannabis Control Act, or

 

 

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1 Section 70 of the Methamphetamine Control and Community
2 Protection Act with respect to any person.
3     (i) If a person is convicted of an offense under this Act,
4 the Cannabis Control Act, or the Methamphetamine Control and
5 Community Protection Act within 5 years subsequent to a
6 discharge and dismissal under this Section, the discharge and
7 dismissal under this Section shall be admissible in the
8 sentencing proceeding for that conviction as evidence in
9 aggravation.
10 (Source: P.A. 94-556, eff. 9-11-05; 95-487, eff. 1-1-08.)
 
11     (720 ILCS 570/501)  (from Ch. 56 1/2, par. 1501)
12     Sec. 501. (a) It is hereby made the duty of the Department
13 of Financial and Professional Regulation and the Department of
14 State Police, and their agents, officers, and investigators, to
15 enforce all provisions of this Act, except those specifically
16 delegated, and to cooperate with all agencies charged with the
17 enforcement of the laws of the United States, or of any State,
18 relating to controlled substances. Only an agent, officer, or
19 investigator designated by the Director may: (1) for the
20 purpose of inspecting, copying, and verifying the correctness
21 of records, reports or other documents required to be kept or
22 made under this Act and otherwise facilitating the execution of
23 the functions of the Department of Financial and Professional
24 Regulation or the Department of State Police, be authorized in
25 accordance with this Section to enter controlled premises and

 

 

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1 to conduct administrative inspections thereof and of the things
2 specified; or (2) execute and serve administrative inspection
3 notices, warrants, subpoenas, and summonses under the
4 authority of this State. Any inspection or administrative entry
5 of persons licensed by the Department shall be made in
6 accordance with subsection (bb) of Section 30-5 of the
7 Alcoholism and Other Drug Abuse and Dependency Act and the
8 rules and regulations promulgated thereunder.
9     (b) Administrative entries and inspections designated in
10 clause (1) of subsection (a) shall be carried out through
11 agents, officers, investigators and peace officers
12 (hereinafter referred to as "inspectors") designated by the
13 Director. Any inspector, upon stating his or her purpose and
14 presenting to the owner, operator, or agent in charge of the
15 premises (1) appropriate credentials and (2) a written notice
16 of his or her inspection authority (which notice, in the case
17 of an inspection requiring or in fact supported by an
18 administrative inspection warrant, shall consist of that
19 warrant), shall have the right to enter the premises and
20 conduct the inspection at reasonable times.
21     Inspectors appointed by the Director under this Section 501
22 are conservators of the peace and as such have all the powers
23 possessed by policemen in cities and by sheriffs, except that
24 they may exercise such powers anywhere in the State.
25     (c) Except as may otherwise be indicated in an applicable
26 inspection warrant, the inspector shall have the right:

 

 

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1         (1) to inspect and copy records, reports and other
2     documents required to be kept or made under this Act;
3         (2) to inspect, within reasonable limits and in a
4     reasonable manner, controlled premises and all pertinent
5     equipment, finished and unfinished drugs and other
6     substances or materials, containers and labeling found
7     therein, and all other things therein (including records,
8     files, papers, processes, controls and facilities)
9     appropriate for verification of the records, reports and
10     documents referred to in item (1) or otherwise bearing on
11     the provisions of this Act; and
12         (3) to inventory any stock of any controlled substance.
13     (d) Except when the owner, operator, or agent in charge of
14 the controlled premises so consents in writing, no inspection
15 authorized by this Section shall extend to:
16         (1) financial data;
17         (2) sales data other than shipment data; or
18         (3) pricing data.
19     Any inspection or administrative entry of persons licensed
20 by the Department shall be made in accordance with subsection
21 (bb) of Section 30-5 of the Alcoholism and Other Drug Abuse and
22 Dependency Act and the rules and regulations promulgated
23 thereunder.
24     (e) Any agent, officer, investigator or peace officer
25 designated by the Director may (1) make seizure of property
26 pursuant to the provisions of this Act; and (2) perform such

 

 

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1 other law enforcement duties as the Director shall designate.
2 It is hereby made the duty of all State's Attorneys to
3 prosecute violations of this Act and institute legal
4 proceedings as authorized under this Act.
5 (Source: P.A. 88-670, eff. 12-2-94; 89-202, eff. 10-1-95.)
 
6     (720 ILCS 570/501.1)  (from Ch. 56 1/2, par. 1501.1)
7     Sec. 501.1. Administrative Procedure Act. The Illinois
8 Administrative Procedure Act is hereby expressly adopted and
9 incorporated herein, but shall apply only to the Department of
10 Financial and Professional Regulation, as if all of the
11 provisions of that Act were included in this Act, except that
12 the provision of subsection (d) of Section 10-65 of the
13 Illinois Administrative Procedure Act which provides that at
14 hearings the licensee has the right to show compliance with all
15 lawful requirements for retention, continuation or renewal of
16 the license is specifically excluded. For the purposes of this
17 Act the notice required under Section 10-25 of the Illinois
18 Administrative Procedure Act is deemed sufficient when mailed
19 to the last known address of a party.
20 (Source: P.A. 88-45.)
 
21     (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
22     Sec. 505. (a) The following are subject to forfeiture:
23         (1) all substances which have been manufactured,
24     distributed, dispensed, or possessed in violation of this

 

 

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1     Act;
2         (2) all raw materials, products and equipment of any
3     kind which are used, or intended for use in manufacturing,
4     distributing, dispensing, administering or possessing any
5     substance in violation of this Act;
6         (3) all conveyances, including aircraft, vehicles or
7     vessels, which are used, or intended for use, to transport,
8     or in any manner to facilitate the transportation, sale,
9     receipt, possession, or concealment of property described
10     in paragraphs (1) and (2), but:
11             (i) no conveyance used by any person as a common
12         carrier in the transaction of business as a common
13         carrier is subject to forfeiture under this Section
14         unless it appears that the owner or other person in
15         charge of the conveyance is a consenting party or privy
16         to a violation of this Act;
17             (ii) no conveyance is subject to forfeiture under
18         this Section by reason of any act or omission which the
19         owner proves to have been committed or omitted without
20         his or her knowledge or consent;
21             (iii) a forfeiture of a conveyance encumbered by a
22         bona fide security interest is subject to the interest
23         of the secured party if he or she neither had knowledge
24         of nor consented to the act or omission;
25         (4) all money, things of value, books, records, and
26     research products and materials including formulas,

 

 

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1     microfilm, tapes, and data which are used, or intended to
2     be used in violation of this Act;
3         (5) everything of value furnished, or intended to be
4     furnished, in exchange for a substance in violation of this
5     Act, all proceeds traceable to such an exchange, and all
6     moneys, negotiable instruments, and securities used, or
7     intended to be used, to commit or in any manner to
8     facilitate any violation of this Act;
9         (6) all real property, including any right, title, and
10     interest (including, but not limited to, any leasehold
11     interest or the beneficial interest in a land trust) in the
12     whole of any lot or tract of land and any appurtenances or
13     improvements, which is used or intended to be used, in any
14     manner or part, to commit, or in any manner to facilitate
15     the commission of, any violation or act that constitutes a
16     violation of Section 401 or 405 of this Act or that is the
17     proceeds of any violation or act that constitutes a
18     violation of Section 401 or 405 of this Act.
19     (b) Property subject to forfeiture under this Act may be
20 seized by the Director or any peace officer upon process or
21 seizure warrant issued by any court having jurisdiction over
22 the property. Seizure by the Director or any peace officer
23 without process may be made:
24         (1) if the seizure is incident to inspection under an
25     administrative inspection warrant;
26         (2) if the property subject to seizure has been the

 

 

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1     subject of a prior judgment in favor of the State in a
2     criminal proceeding, or in an injunction or forfeiture
3     proceeding based upon this Act or the Drug Asset Forfeiture
4     Procedure Act;
5         (3) if there is probable cause to believe that the
6     property is directly or indirectly dangerous to health or
7     safety;
8         (4) if there is probable cause to believe that the
9     property is subject to forfeiture under this Act and the
10     property is seized under circumstances in which a
11     warrantless seizure or arrest would be reasonable; or
12         (5) in accordance with the Code of Criminal Procedure
13     of 1963.
14     (c) In the event of seizure pursuant to subsection (b),
15 forfeiture proceedings shall be instituted in accordance with
16 the Drug Asset Forfeiture Procedure Act.
17     (d) Property taken or detained under this Section shall not
18 be subject to replevin, but is deemed to be in the custody of
19 the Director subject only to the order and judgments of the
20 circuit court having jurisdiction over the forfeiture
21 proceedings and the decisions of the State's Attorney under the
22 Drug Asset Forfeiture Procedure Act. When property is seized
23 under this Act, the seizing agency shall promptly conduct an
24 inventory of the seized property and estimate the property's
25 value, and shall forward a copy of the inventory of seized
26 property and the estimate of the property's value to the

 

 

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1 Director. Upon receiving notice of seizure, the Director may:
2         (1) place the property under seal;
3         (2) remove the property to a place designated by the
4     Director;
5         (3) keep the property in the possession of the seizing
6     agency;
7         (4) remove the property to a storage area for
8     safekeeping or, if the property is a negotiable instrument
9     or money and is not needed for evidentiary purposes,
10     deposit it in an interest bearing account;
11         (5) place the property under constructive seizure by
12     posting notice of pending forfeiture on it, by giving
13     notice of pending forfeiture to its owners and interest
14     holders, or by filing notice of pending forfeiture in any
15     appropriate public record relating to the property; or
16         (6) provide for another agency or custodian, including
17     an owner, secured party, or lienholder, to take custody of
18     the property upon the terms and conditions set by the
19     Director.
20     (e) If the Department of Financial and Professional
21 Regulation suspends or revokes a registration, all controlled
22 substances owned or possessed by the registrant at the time of
23 suspension or the effective date of the revocation order may be
24 placed under seal. No disposition may be made of substances
25 under seal until the time for taking an appeal has elapsed or
26 until all appeals have been concluded unless a court, upon

 

 

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1 application therefor, orders the sale of perishable substances
2 and the deposit of the proceeds of the sale with the court.
3 Upon a revocation rule becoming final, all substances may be
4 forfeited to the Department of Financial and Professional
5 Regulation.
6     (f) When property is forfeited under this Act the Director
7 shall sell all such property unless such property is required
8 by law to be destroyed or is harmful to the public, and shall
9 distribute the proceeds of the sale, together with any moneys
10 forfeited or seized, in accordance with subsection (g).
11 However, upon the application of the seizing agency or
12 prosecutor who was responsible for the investigation, arrest or
13 arrests and prosecution which lead to the forfeiture, the
14 Director may return any item of forfeited property to the
15 seizing agency or prosecutor for official use in the
16 enforcement of laws relating to cannabis or controlled
17 substances, if the agency or prosecutor can demonstrate that
18 the item requested would be useful to the agency or prosecutor
19 in their enforcement efforts. When any forfeited conveyance,
20 including an aircraft, vehicle, or vessel, is returned to the
21 seizing agency or prosecutor, the conveyance may be used
22 immediately in the enforcement of the criminal laws of this
23 State. Upon disposal, all proceeds from the sale of the
24 conveyance must be used for drug enforcement purposes. When any
25 real property returned to the seizing agency is sold by the
26 agency or its unit of government, the proceeds of the sale

 

 

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1 shall be delivered to the Director and distributed in
2 accordance with subsection (g).
3     (g) All monies and the sale proceeds of all other property
4 forfeited and seized under this Act shall be distributed as
5 follows:
6         (1) 65% shall be distributed to the metropolitan
7     enforcement group, local, municipal, county, or state law
8     enforcement agency or agencies which conducted or
9     participated in the investigation resulting in the
10     forfeiture. The distribution shall bear a reasonable
11     relationship to the degree of direct participation of the
12     law enforcement agency in the effort resulting in the
13     forfeiture, taking into account the total value of the
14     property forfeited and the total law enforcement effort
15     with respect to the violation of the law upon which the
16     forfeiture is based. Amounts distributed to the agency or
17     agencies shall be used for the enforcement of laws
18     governing cannabis and controlled substances or for
19     security cameras used for the prevention or detection of
20     violence, except that amounts distributed to the Secretary
21     of State shall be deposited into the Secretary of State
22     Evidence Fund to be used as provided in Section 2-115 of
23     the Illinois Vehicle Code.
24         (2)(i) 12.5% shall be distributed to the Office of the
25     State's Attorney of the county in which the prosecution
26     resulting in the forfeiture was instituted, deposited in a

 

 

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1     special fund in the county treasury and appropriated to the
2     State's Attorney for use in the enforcement of laws
3     governing cannabis and controlled substances. In counties
4     over 3,000,000 population, 25% will be distributed to the
5     Office of the State's Attorney for use in the enforcement
6     of laws governing cannabis and controlled substances. If
7     the prosecution is undertaken solely by the Attorney
8     General, the portion provided hereunder shall be
9     distributed to the Attorney General for use in the
10     enforcement of laws governing cannabis and controlled
11     substances.
12         (ii) 12.5% shall be distributed to the Office of the
13     State's Attorneys Appellate Prosecutor and deposited in
14     the Narcotics Profit Forfeiture Fund of that office to be
15     used for additional expenses incurred in the
16     investigation, prosecution and appeal of cases arising
17     under laws governing cannabis and controlled substances.
18     The Office of the State's Attorneys Appellate Prosecutor
19     shall not receive distribution from cases brought in
20     counties with over 3,000,000 population.
21         (3) 10% shall be retained by the Department of State
22     Police for expenses related to the administration and sale
23     of seized and forfeited property.
24     (h) Species of plants from which controlled substances in
25 Schedules I and II may be derived which have been planted or
26 cultivated in violation of this Act, or of which the owners or

 

 

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1 cultivators are unknown, or which are wild growths, may be
2 seized and summarily forfeited to the State. The failure, upon
3 demand by the Director or any peace officer, of the person in
4 occupancy or in control of land or premises upon which the
5 species of plants are growing or being stored, to produce
6 registration, or proof that he or she is the holder thereof,
7 constitutes authority for the seizure and forfeiture of the
8 plants.
9 (Source: P.A. 94-1004, eff. 7-3-06.)
 
10     (720 ILCS 570/507)  (from Ch. 56 1/2, par. 1507)
11     Sec. 507. All rulings, final determinations, findings, and
12 conclusions of the Department of State Police, the Department
13 of Financial and Professional Regulation, and the Department of
14 Human Services of the State of Illinois under this Act are
15 final and conclusive decisions of the matters involved. Any
16 person aggrieved by the decision may obtain review of the
17 decision pursuant to the provisions of the Administrative
18 Review Law, as amended and the rules adopted pursuant thereto.
19 Pending final decision on such review, the acts, orders and
20 rulings of the Department shall remain in full force and effect
21 unless modified or suspended by order of court pending final
22 judicial decision. Pending final decision on such review, the
23 acts, orders, sanctions and rulings of the Department of
24 Financial and Professional Regulation regarding any
25 registration shall remain in full force and effect, unless

 

 

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1 stayed by order of court. However, no stay of any decision of
2 the administrative agency shall issue unless the person
3 aggrieved by the decision establishes by a preponderance of the
4 evidence that good cause exists therefor. In determining good
5 cause, the court shall find that the aggrieved party has
6 established a substantial likelihood of prevailing on the
7 merits and that granting the stay will not have an injurious
8 effect on the general public. Good cause shall not be
9 established solely on the basis of hardships resulting from an
10 inability to engage in the registered activity pending a final
11 judicial decision.
12 (Source: P.A. 89-507, eff. 7-1-97.)
 
13     (720 ILCS 570/204 rep.)
14     (720 ILCS 570/206 rep.)
15     (720 ILCS 570/208 rep.)
16     (720 ILCS 570/210 rep.)
17     (720 ILCS 570/212 rep.)
18     (720 ILCS 570/213 rep.)
19     (720 ILCS 570/216 rep.)
20     (720 ILCS 570/217 rep.)
21     Section 10. The Illinois Controlled Substances Act is
22 amended by repealing Sections 204, 206, 208, 210, 212, 213,
23 216, and 217.
 
24     Section 99. Effective date. This Act takes effect July 1,
25 2009.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     720 ILCS 570/102 from Ch. 56 1/2, par. 1102
4     720 ILCS 570/201 from Ch. 56 1/2, par. 1201
5     720 ILCS 570/202 from Ch. 56 1/2, par. 1202
6     720 ILCS 570/205 from Ch. 56 1/2, par. 1205
7     720 ILCS 570/207 from Ch. 56 1/2, par. 1207
8     720 ILCS 570/209 from Ch. 56 1/2, par. 1209
9     720 ILCS 570/211 from Ch. 56 1/2, par. 1211
10     720 ILCS 570/214 from Ch. 56 1/2, par. 1214
11     720 ILCS 570/301 from Ch. 56 1/2, par. 1301
12     720 ILCS 570/302 from Ch. 56 1/2, par. 1302
13     720 ILCS 570/303 from Ch. 56 1/2, par. 1303
14     720 ILCS 570/303.05
15     720 ILCS 570/303.1 from Ch. 56 1/2, par. 1303.1
16     720 ILCS 570/304 from Ch. 56 1/2, par. 1304
17     720 ILCS 570/305 from Ch. 56 1/2, par. 1305
18     720 ILCS 570/306 from Ch. 56 1/2, par. 1306
19     720 ILCS 570/309 from Ch. 56 1/2, par. 1309
20     720 ILCS 570/312 from Ch. 56 1/2, par. 1312
21     720 ILCS 570/313 from Ch. 56 1/2, par. 1313
22     720 ILCS 570/318
23     720 ILCS 570/405 from Ch. 56 1/2, par. 1405
24     720 ILCS 570/405.1 from Ch. 56 1/2, par. 1405.1
25     720 ILCS 570/410 from Ch. 56 1/2, par. 1410

 

 

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1     720 ILCS 570/501 from Ch. 56 1/2, par. 1501
2     720 ILCS 570/501.1 from Ch. 56 1/2, par. 1501.1
3     720 ILCS 570/505 from Ch. 56 1/2, par. 1505
4     720 ILCS 570/507 from Ch. 56 1/2, par. 1507
5     720 ILCS 570/204 rep.
6     720 ILCS 570/206 rep.
7     720 ILCS 570/208 rep.
8     720 ILCS 570/210 rep.
9     720 ILCS 570/212 rep.
10     720 ILCS 570/213 rep.
11     720 ILCS 570/216 rep.
12     720 ILCS 570/217 rep.