Illinois General Assembly - Full Text of SB0273
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Full Text of SB0273  94th General Assembly

SB0273enr 94TH GENERAL ASSEMBLY



 


 
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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 1. Short title. This Act may be cited as the
5 Methamphetamine Precursor Control Act.
 
6     Section 5. Purpose. The purpose of this Act is to reduce
7 the harm that methamphetamine manufacturing and manufacturers
8 are inflicting on individuals, families, communities, first
9 responders, the economy, and the environment in Illinois, by
10 making it more difficult for persons engaged in the unlawful
11 manufacture of methamphetamine and related activities to
12 obtain methamphetamine's essential ingredient, ephedrine or
13 pseudoephedrine.
 
14     Section 10. Definitions. In this Act:
15     "Administer" or "administration" has the meaning provided
16 in Section 102 of the Illinois Controlled Substances Act.
17     "Agent" has the meaning provided in Section 102 of the
18 Illinois Controlled Substances Act.
19     "Convenience package" means any package that contains 360
20 milligrams or less of ephedrine or pseudoephedrine, their salts
21 or optical isomers, or salts of optical isomers in liquid or
22 liquid-filled capsule form.
23     "Deliver" has the meaning provided in Section 102 of the
24 Illinois Controlled Substances Act.
25     "Dispense" has the meaning provided in Section 102 of the
26 Illinois Controlled Substances Act.
27     "Distribute" has the meaning provided in Section 102 of the
28 Illinois Controlled Substances Act.
29     "List I chemical" has the meaning provided in 21 U.S.C.
30 Section 802.
31     "Methamphetamine precursor" has the meaning provided in

 

 

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1 Section 10 of the Methamphetamine Control and Community
2 Protection Act.
3     "Package" means an item packaged and marked for retail sale
4 that is not designed to be further broken down or subdivided
5 for the purpose of retail sale.
6     "Pharmacist" has the meaning provided in Section 102 of the
7 Illinois Controlled Substances Act.
8     "Pharmacy" has the meaning provided in Section 102 of the
9 Illinois Controlled Substances Act.
10     "Practitioner" has the meaning provided in Section 102 of
11 the Illinois Controlled Substances Act.
12     "Prescriber" has the meaning provided in Section 102 of the
13 Illinois Controlled Substances Act.
14     "Prescription" has the meaning provided in Section 102 of
15 the Illinois Controlled Substances Act.
16     "Readily retrievable" has the meaning provided in 21 C.F.R.
17 part 1300.
18     "Retail distributor" means a grocery store, general
19 merchandise store, drug store, other merchandise store, or
20 other entity or person whose activities as a distributor
21 relating to drug products containing targeted methamphetamine
22 precursor are limited exclusively or almost exclusively to
23 sales for personal use by an ultimate user, both in number of
24 sales and volume of sales, either directly to walk-in customers
25 or in face-to-face transactions by direct sales.
26     "Sales employee" means any employee or agent who at any
27 time (a) operates a cash register at which targeted packages
28 may be sold, (b) works at or behind a pharmacy counter, (c)
29 stocks shelves containing targeted packages, or (d) trains or
30 supervises any other employee or agent who engages in any of
31 the preceding activities.
32     "Single retail transaction" means a sale by a retail
33 distributor to a specific customer at a specific time.
34     "Targeted methamphetamine precursor" means any compound,
35 mixture, or preparation that contains any detectable quantity
36 of ephedrine or pseudoephedrine, their salts or optical

 

 

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1 isomers, or salts of optical isomers.
2     "Targeted package" means a package, including a
3 convenience package, containing any amount of targeted
4 methamphetamine precursor.
5     "Ultimate user" has the meaning provided in Section 102 of
6 the Illinois Controlled Substances Act.
 
7     Section 15. Basic provisions.
8     (a) No targeted methamphetamine precursor shall be
9 purchased, received, or otherwise acquired in any manner other
10 than that described in Section 20 of this Act.
11     (b) No targeted methamphetamine precursor shall be
12 knowingly administered, dispensed, or distributed for any
13 purpose other than a medical purpose.
14     (c) No targeted methamphetamine precursor shall be
15 knowingly administered, dispensed, or distributed for the
16 purpose of violating or evading this Act, the Illinois
17 Controlled Substances Act, or the Methamphetamine Control and
18 Community Protection Act.
19     (d) No targeted methamphetamine precursor shall be
20 administered, dispensed, or distributed with knowledge that it
21 will be used to manufacture methamphetamine or with reckless
22 disregard of its likely use to manufacture methamphetamine.
23     (e) No targeted methamphetamine precursor shall be
24 administered, dispensed, or distributed except by:
25         (1) a pharmacist pursuant to the valid order of a
26     prescriber;
27         (2) any other practitioner authorized to do so by the
28     Illinois Controlled Substances Act;
29         (3) a drug abuse treatment program, pursuant to
30     subsection (d) of Section 313 of the Illinois Controlled
31     Substances Act;
32         (4) a pharmacy pursuant to Section 25 of this Act;
33         (5) a retail distributor pursuant to Sections 30 and 35
34     of this Act; or
35         (6) a distributor authorized by the Drug Enforcement

 

 

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1     Administration to distribute bulk quantities of a list I
2     chemical under the federal Controlled Substances Act and
3     corresponding regulations, or the employee or agent of such
4     a distributor acting in the normal course of business.
 
5     Section 20. Restrictions on purchase, receipt, or
6 acquisition.
7     (a) Except as provided in subsection (e) of this Section,
8 any person 18 years of age or older wishing to purchase,
9 receive, or otherwise acquire a targeted methamphetamine
10 precursor shall, prior to taking possession of the targeted
11 methamphetamine precursor:
12         (1) provide a driver's license or other
13     government-issued identification showing the person's
14     name, date of birth, and photograph; and
15         (2) sign a log documenting the name and address of the
16     person, date and time of the transaction, and brand and
17     product name and total quantity distributed of ephedrine or
18     pseudoephedrine, their salts, or optical isomers, or salts
19     of optical isomers.
20     (b) Except as provided in subsection (e) of this Section,
21 no person shall knowingly purchase, receive, or otherwise
22 acquire, within any 30-day period products containing more than
23 a total of 7,500 milligrams of ephedrine or pseudoephedrine,
24 their salts or optical isomers, or salts of optical isomers.
25     (c) Except as provided in subsections (d) and (e) of this
26 Section, no person shall knowingly purchase, receive, or
27 otherwise acquire more than 2 targeted packages in a single
28 retail transaction.
29     (d) Except as provided in subsection (e) of this Section,
30 no person shall knowingly purchase, receive, or otherwise
31 acquire more than one convenience package in a 24-hour period.
32     (e) This Section shall not apply to any person who
33 purchases, receives, or otherwise acquires a targeted
34 methamphetamine precursor for the purpose of dispensing,
35 distributing, or administering it in a lawful manner described

 

 

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1 in subsection (e) of Section 15 of this Act.
 
2     Section 25. Pharmacies.
3     (a) No targeted methamphetamine precursor may be knowingly
4 distributed through a pharmacy, including a pharmacy located
5 within, owned by, operated by, or associated with a retail
6 distributor unless all terms of this Section are satisfied.
7     (b) The targeted methamphetamine precursor shall:
8         (1) be packaged in blister packs, with each blister
9     containing not more than 2 dosage units, or when the use of
10     blister packs is technically infeasible, in unit dose
11     packets; and
12         (2) contain no more than 3,000 milligrams of ephedrine
13     or pseudoephedrine, their salts or optical isomers, or
14     salts of optical isomers.
15     (c) The targeted methamphetamine precursor shall be stored
16 behind the pharmacy counter and distributed by a pharmacist or
17 pharmacy technician licensed under the Pharmacy Practice Act of
18 1987.
19     (d) Any retail distributor operating a pharmacy, and any
20 pharmacist or pharmacy technician involved in the transaction
21 or transactions, shall ensure that any person purchasing,
22 receiving, or otherwise acquiring the targeted methamphetamine
23 precursor complies with subsection (a) of Section 20 of this
24 Act.
25     (e) Any retail distributor operating a pharmacy, and any
26 pharmacist or pharmacy technician involved in the transaction
27 or transactions, shall verify that:
28         (1) The person purchasing, receiving, or otherwise
29     acquiring the targeted methamphetamine precursor is 18
30     years of age or older and resembles the photograph of the
31     person on the government-issued identification presented
32     by the person; and
33         (2) The name entered into the log referred to in
34     subsection (a) of Section 20 of this Act corresponds to the
35     name on the government-issued identification presented by

 

 

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1     the person.
2     (f) The logs referred to in subsection (a) of Section 20 of
3 this Act shall be kept confidential, maintained for not less
4 than 2 years, and made available for inspection and copying by
5 any law enforcement officer upon request of that officer. These
6 logs may be kept in an electronic format if they include all
7 the information specified in subsection (a) of Section 20 of
8 this Act in a manner that is readily retrievable and
9 reproducible in hard-copy format.
10     (g) No retail distributor operating a pharmacy, and no
11 pharmacist or pharmacy technician, shall knowingly distribute
12 any targeted methamphetamine precursor to any person under 18
13 years of age.
14     (h) No retail distributor operating a pharmacy, and no
15 pharmacist or pharmacy technician, shall knowingly distribute
16 to a single person in any 24-hour period more than one
17 convenience package.
18     (i) Except as provided in subsection (h) of this Section,
19 no retail distributor operating a pharmacy, and no pharmacist
20 or pharmacy technician, shall knowingly distribute to a single
21 person more than 2 targeted packages in a single retail
22 transaction.
23     (j) No retail distributor operating a pharmacy, and no
24 pharmacist or pharmacy technician, shall knowingly distribute
25 to a single person in any 30-day period products containing
26 more than a total of 7,500 milligrams of ephedrine or
27 pseudoephedrine, their salts or optical isomers, or salts of
28 optical isomers.
 
29     Section 30. Retail distributors; general requirements.
30     (a) No retail distributor shall distribute any convenience
31 package except in accordance with this Section and Section 35
32 of this Act.
33     (b) The convenience packages must be displayed behind store
34 counters or in locked cases, so that customers are not able to
35 reach the product without the assistance of a store employee or

 

 

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1 agent.
2     (c) The retailer distributor shall ensure that any person
3 purchasing, receiving, or otherwise acquiring the targeted
4 methamphetamine precursor complies with subsection (a) of
5 Section 20 of this Act.
6     (d) The retail distributor shall verify that:
7         (1) The person purchasing, receiving, or otherwise
8     acquiring the targeted methamphetamine precursor is 18
9     years of age or older and resembles the photograph of the
10     person on the government-issued identification presented
11     by the person; and
12         (2) The name entered into the log referred to in
13     subsection (a) of Section 20 of this Act corresponds to the
14     name on the government-issued identification presented by
15     the person.
16     (e) The logs referred to in subsection (a) of Section 20 of
17 this Act shall be kept confidential, maintained for not less
18 than 2 years, and made available for inspection and copying by
19 any law enforcement officer upon request of that officer. These
20 logs may be kept in an electronic format if they include all
21 the information specified in subsection (a) of Section 20 of
22 this Act in a form that is readily retrievable.
23     (f) No retail distributor shall knowingly distribute any
24 targeted methamphetamine precursor to any person under 18 years
25 of age.
26     (g) No retail distributor shall knowingly distribute to a
27 single person in any 24-hour period more than one convenience
28 package.
29     (h) No retail distributor shall knowingly distribute to a
30 single person in any 30-day period products containing more
31 than a total of 7,500 milligrams of ephedrine or
32 pseudoephedrine, their salts or optical isomers, or salts of
33 optical isomers.
 
34     Section 35. Retail distributors; training requirements.
35     (a) Every retail distributor of any targeted

 

 

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1 methamphetamine precursor shall train each sales employee on
2 the topics listed on the certification form described in
3 subsection (b) of this Section. This training may be conducted
4 by a live trainer or by means of a computer-based training
5 program. This training shall be completed within 30 days of the
6 effective date of this Act or within 30 days of the date that
7 each sales employee begins working for the retail distributor,
8 whichever of these 2 dates comes later.
9     (b) Immediately after training each sales employee as
10 required in subsection (a) of this Section, every retail
11 distributor of any targeted methamphetamine precursor shall
12 have each sales employee read, sign, and date a certification
13 containing the following language:
14         (1) My name is (insert name of employee) and I am an
15     employee of (insert name of business) at (insert street
16     address).
17         (2) I understand that in Illinois there are laws
18     governing the sale of certain over-the-counter medications
19     that contain a chemical called ephedrine or a second
20     chemical called pseudoephedrine. Medications that are
21     subject to these laws are called "targeted methamphetamine
22     precursors".
23         (3) I understand that "targeted methamphetamine
24     precursors" can be used to manufacture the illegal and
25     dangerous drug methamphetamine and that methamphetamine is
26     causing great harm to individuals, families, communities,
27     the economy, and the environment throughout Illinois.
28         (4) I understand that under Illinois law, unless they
29     are at a pharmacy counter, customers can only purchase
30     small "convenience packages" of "targeted methamphetamine
31     precursors".
32         (5) I understand that under Illinois law, customers can
33     only purchase these "convenience packages" if they are 18
34     years of age or older, show identification, and sign a log
35     according to procedures that have been described to me.
36         (6) I understand that under Illinois law, I cannot sell

 

 

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1     more than one "convenience package" to a single customer in
2     one 24-hour period.
3         (7) I understand that under Illinois law, I cannot sell
4     "targeted methamphetamine precursors" to a person if I know
5     that the person is going to use them to make
6     methamphetamine.
7         (8) I understand that there are a number of ingredients
8     that are used to make the illegal drug methamphetamine,
9     including "targeted methamphetamine precursors" sold in
10     "convenience packages". My employer has shown me a list of
11     these various ingredients, and I have reviewed the list.
12         (9) I understand that there are certain procedures that
13     I should follow if I suspect that a store customer is
14     purchasing "targeted methamphetamine precursors" or other
15     products for the purpose of manufacturing methamphetamine.
16     These procedures have been described to me, and I
17     understand them.
18     (c) A certification form of the type described in
19 subsection (b) of this Section may be signed with a handwritten
20 signature or an electronic signature that includes a unique
21 identifier for each employee. The certification shall be
22 retained by the retail distributor for each sales employee for
23 the duration of his or her employment and for at least 30 days
24 following the end of his or her employment. Any such form shall
25 be made available for inspection and copying by any law
26 enforcement officer upon request of that officer. These records
27 may be kept in electronic format if they include all the
28 information specified in this Section in a manner that is
29 readily retrievable and reproducible in hard-copy format.
30     (d) The Office of the Illinois Attorney General shall make
31 available to retail distributors the list of methamphetamine
32 ingredients referred to in subsection (b) of this Section.
 
33     Section 40. Penalties.
34     (a) Any pharmacy or retail distributor that violates this
35 Act is guilty of a petty offense and subject to a fine of $500

 

 

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1 for a first offense; and $1,000 for a second offense occurring
2 at the same retail location as and within 3 years of the prior
3 offense. A pharmacy or retail distributor that violates this
4 Act is guilty of a business offense and subject to a fine of
5 $5,000 for a third or subsequent offense occurring at the same
6 retail location as and within 3 years of the prior offenses.
7     (b) An employee or agent of a pharmacy or retail
8 distributor who violates this Act is guilty of a Class A
9 misdemeanor for a first offense, a Class 4 felony for a second
10 offense, and a Class 1 felony for a third or subsequent
11 offense.
12     (c) Any other person who violates this Act is guilty of a
13 Class B misdemeanor for a first offense, a Class A misdemeanor
14 for a second offense, and a Class 4 felony for a third or
15 subsequent offense.
 
16     Section 45. Immunity from civil liability. In the event
17 that any agent or employee of a pharmacy or retail distributor
18 reports to any law enforcement officer or agency any suspicious
19 activity concerning a targeted methamphetamine precursor or
20 other methamphetamine ingredient or ingredients, the agent or
21 employee and the pharmacy or retail distributor itself are
22 immune from civil liability based on allegations of defamation,
23 libel, slander, false arrest, or malicious prosecution, or
24 similar allegations, except in cases of willful or wanton
25 misconduct.
 
26     Section 50. Scope of Act.
27     (a) Nothing in this Act limits the scope, terms, or effect
28 of the Methamphetamine Control and Community Protection Act.
29     (b) Nothing in this Act limits the lawful authority granted
30 by the Medical Practice Act of 1987, the Nursing and Advanced
31 Practice Nursing Act, or the Pharmacy Practice Act of 1987.
32     (c) Nothing in this Act limits the authority or activity of
33 any law enforcement officer acting within the scope of his or
34 her employment.
 

 

 

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1     Section 55. Preemption and home rule powers.
2     (a) Except as provided in subsection (b) of this Section, a
3 county or municipality, including a home rule unit, may
4 regulate the sale of targeted methamphetamine precursor and
5 targeted packages in a manner that is not more or less
6 restrictive than the regulation by the State under this Act.
7 This Section is a limitation under subsection (i) of Section 6
8 of Article VII of the Illinois Constitution on the concurrent
9 exercise by home rule units of the powers and functions
10 exercised by the State.
11     (b) Any regulation of the sale of targeted methamphetamine
12 precursor and targeted packages by a home rule unit that took
13 effect on or before May 1, 2004, is exempt from the provisions
14 of subsection (a) of this Section.
 
15     Section 900. The Illinois Controlled Substances Act is
16 amended by changing Sections 211, 212, 216, 304, and 312 as
17 follows:
 
18     (720 ILCS 570/211)  (from Ch. 56 1/2, par. 1211)
19     Sec. 211. The Department shall issue a rule scheduling a
20 substance in Schedule V if it finds that:
21     (1) the substance has low potential for abuse relative to
22 the controlled substances listed in Schedule IV;
23     (2) the substance has currently accepted medical use in
24 treatment in the United States; and
25     (3) abuse of the substance may lead to limited
26 physiological dependence or psychological dependence relative
27 to the substances in Schedule IV, or the substance is a
28 targeted methamphetamine precursor as defined in the
29 Methamphetamine Precursor Control Act.
30 (Source: P.A. 83-969.)
 
31     (720 ILCS 570/212)  (from Ch. 56 1/2, par. 1212)
32     Sec. 212. (a) The controlled substances listed in this

 

 

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1 section are included in Schedule V.
2     (b) Any compound, mixture, or preparation containing
3 limited quantities of any of the following narcotic drugs, or
4 their salts calculated as the free anhydrous base or alkaloid
5 which also contains one or more non-narcotic active medicinal
6 ingredients in sufficient proportion to confer upon the
7 compound, mixture, or preparation, valuable medicinal
8 qualities other than those possessed by the narcotic drug alone
9 as set forth below:
10         (1) not more than 200 milligrams of codeine, or any of
11     its salts, per 100 milliliters or per 100 grams;
12         (2) not more than 100 milligrams of dihydrocodeine; or
13     any of its salts, per 100 milliliters or per 100 grams;
14         (3) not more than 100 milligrams of ethylmorphine, or
15     any of its salts, per 100 milliliters or per 100 grams;
16         (4) not more than 2.5 milligrams of diphenoxylate and
17     not less than 25 micrograms of atropine sulfate per dosage
18     unit;
19         (5) not more than 100 milligrams of opium per 100
20     milliliters or per 100 grams;
21         (6) not more than 0.5 milligram of difenoxin (DEA Drug
22     Code No. 9618) and not less than 25 micrograms of atropine
23     sulfate per dosage unit.
24     (c) Buprenorphine.
25     (d) Pyrovalerone.
26     (d-5) Any targeted methamphetamine precursor as defined in
27 the Methamphetamine Precursor Control Act.
28     (e) Any compound, mixture or preparation which contains any
29 quantity of any controlled substance when such compound,
30 mixture or preparation is not otherwise controlled in Schedules
31 I, II, III or IV.
32 (Source: P.A. 89-202, eff. 10-1-95.)
 
33     (720 ILCS 570/216)
34     Sec. 216. Ephedrine.
35     (a) The following drug products containing ephedrine, its

 

 

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1 salts, optical isomers and salts of optical isomers shall be
2 exempt from the application of Sections 312 and 313 of this Act
3 if they: (i) may lawfully be sold over-the-counter without a
4 prescription under the Federal Food, Drug, and Cosmetic Act;
5 (ii) are labeled and marketed in a manner consistent with
6 Section 341.76 of Title 21 of the Code of Federal Regulations;
7 (iii) are manufactured and distributed for legitimate
8 medicinal use in a manner that reduces or eliminates the
9 likelihood of abuse; and (iv) are not marketed, advertised, or
10 labeled for the indications of stimulation, mental alertness,
11 weight loss, muscle enhancement, appetite control, or energy:
12         (1) Solid oral dosage forms, including soft gelatin
13     caplets, which are formulated pursuant to 21 CFR 341 or its
14     successor, and packaged in blister packs of not more than 2
15     tablets per blister.
16         (2) Anorectal preparations containing not more than 5%
17     ephedrine.
18     (b) The marketing, advertising, or labeling of any product
19 containing ephedrine, a salt of ephedrine, an optical isomer of
20 ephedrine, or a salt of an optical isomer of ephedrine, for the
21 indications of stimulation, mental alertness, weight loss,
22 appetite control, or energy, is prohibited. In determining
23 compliance with this requirement the Department may consider
24 the following factors:
25         (1) The packaging of the drug product;
26         (2) The name and labeling of the product;
27         (3) The manner of distribution, advertising, and
28     promotion of the product;
29         (4) Verbal representations made concerning the
30     product;
31         (5) The duration, scope, and significance of abuse or
32     misuse of the particular product.
33     (c) A violation of this Section is a Class A misdemeanor. A
34 second or subsequent violation of this Section is a Class 4
35 felony.
36     (d) This Section does not apply to dietary supplements,

 

 

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1 herbs, or other natural products, including concentrates or
2 extracts, which:
3         (1) are not otherwise prohibited by law; and
4         (2) may contain naturally occurring ephedrine,
5     ephedrine alkaloids, or pseudoephedrine, or their salts,
6     isomers, or salts of isomers, or a combination of these
7     substances, that:
8             (i) are contained in a matrix of organic material;
9         and
10             (ii) do not exceed 15% of the total weight of the
11         natural product.
12     (e) Nothing in this Section limits the scope or terms of
13 the Methamphetamine Precursor Control Act.
14 (Source: P.A. 90-775, eff. 1-1-99.)
 
15     (720 ILCS 570/304)  (from Ch. 56 1/2, par. 1304)
16     Sec. 304. (a) A registration under Section 303 to
17 manufacture, distribute, or dispense a controlled substance or
18 purchase, store, or administer euthanasia drugs may be
19 suspended or revoked by the Department of Professional
20 Regulation upon a finding that the registrant:
21         (1) has furnished any false or fraudulent material
22     information in any application filed under this Act; or
23         (2) has been convicted of a felony under any law of the
24     United States or any State relating to any controlled
25     substance; or
26         (3) has had suspended or revoked his Federal
27     registration to manufacture, distribute, or dispense
28     controlled substances or purchase, store, or administer
29     euthanasia drugs; or
30         (4) has been convicted of bribery, perjury, or other
31     infamous crime under the laws of the United States or of
32     any State; or
33         (5) has violated any provision of this Act or any rules
34     promulgated hereunder, or any provision of the
35     Methamphetamine Precursor Control Act or rules promulgated

 

 

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1     thereunder, whether or not he has been convicted of such
2     violation; or
3         (6) has failed to provide effective controls against
4     the diversion of controlled substances in other than
5     legitimate medical, scientific or industrial channels.
6     (b) The Department of Professional Regulation may limit
7 revocation or suspension of a registration to the particular
8 controlled substance with respect to which grounds for
9 revocation or suspension exist.
10     (c) The Department of Professional Regulation shall
11 promptly notify the Administration, the Department and the
12 Department of State Police or their successor agencies, of all
13 orders denying, suspending or revoking registration, all
14 forfeitures of controlled substances, and all final court
15 dispositions, if any, of such denials, suspensions,
16 revocations or forfeitures.
17     (d) If Federal registration of any registrant is suspended,
18 revoked, refused renewal or refused issuance, then the
19 Department of Professional Regulation shall issue a notice and
20 conduct a hearing in accordance with Section 305 of this Act.
21 (Source: P.A. 93-626, eff. 12-23-03.)
 
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
26 II controlled substance, which is a narcotic drug listed in
27 Section 206 of this Act; or which contains any quantity of
28 amphetamine or methamphetamine, their salts, optical isomers
29 or salts of optical isomers; phenmetrazine and its salts; or
30 pentazocine; and Schedule III, IV, or V controlled substances
31 to any person upon a written prescription of any prescriber,
32 dated and signed by the person prescribing on the day when
33 issued and bearing the name and address of the patient for
34 whom, or the owner of the animal for which the controlled
35 substance is dispensed, and the full name, address and registry

 

 

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1 number under the laws of the United States relating to
2 controlled substances of the prescriber, if he is required by
3 those laws to be registered. If the prescription is for an
4 animal it shall state the species of animal for which it is
5 ordered. The practitioner filling the prescription shall write
6 the date of filling and his own signature on the face of the
7 written prescription. The written prescription shall be
8 retained on file by the practitioner who filled it or pharmacy
9 in which the prescription was filled for a period of 2 years,
10 so as to be readily accessible for inspection or removal by any
11 officer or employee engaged in the enforcement of this Act.
12 Whenever the practitioner's or pharmacy's copy of any
13 prescription is removed by an officer or employee engaged in
14 the enforcement of this Act, for the purpose of investigation
15 or as evidence, such officer or employee shall give to the
16 practitioner or pharmacy a receipt in lieu thereof. A
17 prescription for a Schedule II controlled substance shall not
18 be filled more than 7 days after the date of issuance. A
19 written prescription for Schedule III, IV or V controlled
20 substances shall not be filled or refilled more than 6 months
21 after the date thereof or refilled more than 5 times unless
22 renewed, in writing, by the prescriber.
23     (b) In lieu of a written prescription required by this
24 Section, a pharmacist, in good faith, may dispense Schedule
25 III, IV, or V substances to any person either upon receiving a
26 facsimile of a written, signed prescription transmitted by the
27 prescriber or the prescriber's agent or upon a lawful oral
28 prescription of a prescriber which oral prescription shall be
29 reduced promptly to writing by the pharmacist and such written
30 memorandum thereof shall be dated on the day when such oral
31 prescription is received by the pharmacist and shall bear the
32 full name and address of the ultimate user for whom, or of the
33 owner of the animal for which the controlled substance is
34 dispensed, and the full name, address, and registry number
35 under the law of the United States relating to controlled
36 substances of the prescriber prescribing if he is required by

 

 

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1 those laws to be so registered, and the pharmacist filling such
2 oral prescription shall write the date of filling and his own
3 signature on the face of such written memorandum thereof. The
4 facsimile copy of the prescription or written memorandum of the
5 oral prescription shall be retained on file by the proprietor
6 of the pharmacy in which it is filled for a period of not less
7 than two years, so as to be readily accessible for inspection
8 by any officer or employee engaged in the enforcement of this
9 Act in the same manner as a written prescription. The facsimile
10 copy of the prescription or oral prescription and the written
11 memorandum thereof shall not be filled or refilled more than 6
12 months after the date thereof or be refilled more than 5 times,
13 unless renewed, in writing, by the prescriber.
14     (c) Except for any targeted methamphetamine precursor as
15 defined in the Methamphetamine Precursor Control Act, a A
16 controlled substance included in Schedule V shall not be
17 distributed or dispensed other than for a medical purpose and
18 not for the purpose of evading this Act, and then:
19         (1) only personally by a person registered to dispense
20     a Schedule V controlled substance and then only to his
21     patients, or
22         (2) only personally by a pharmacist, and then only to a
23     person over 21 years of age who has identified himself to
24     the pharmacist by means of 2 positive documents of
25     identification.
26         (3) the dispenser shall record the name and address of
27     the purchaser, the name and quantity of the product, the
28     date and time of the sale, and the dispenser's signature.
29         (4) no person shall purchase or be dispensed more than
30     120 milliliters or more than 120 grams of any Schedule V
31     substance which contains codeine, dihydrocodeine, or any
32     salts thereof, or ethylmorphine, or any salts thereof, in
33     any 96 hour period. The purchaser shall sign a form,
34     approved by the Department of Professional Regulation,
35     attesting that he has not purchased any Schedule V
36     controlled substances within the immediately preceding 96

 

 

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1     hours.
2         (5) a copy of the records of sale, including all
3     information required by paragraph (3), shall be forwarded
4     to the Department of Professional Regulation at its
5     principal office by the 15th day of the following month.
6         (6) all records of purchases and sales shall be
7     maintained for not less than 2 years.
8         (7) no person shall obtain or attempt to obtain within
9     any consecutive 96 hour period any Schedule V substances of
10     more than 120 milliliters or more than 120 grams containing
11     codeine, dihydrocodeine or any of its salts, or
12     ethylmorphine or any of its salts. Any person obtaining any
13     such preparations or combination of preparations in excess
14     of this limitation shall be in unlawful possession of such
15     controlled substance.
16         (8) a person qualified to dispense controlled
17     substances under this Act and registered thereunder shall
18     at no time maintain or keep in stock a quantity of Schedule
19     V controlled substances defined and listed in Section 212
20     (b) (1), (2) or (3) in excess of 4.5 liters for each
21     substance; a pharmacy shall at no time maintain or keep in
22     stock a quantity of Schedule V controlled substances as
23     defined in excess of 4.5 liters for each substance, plus
24     the additional quantity of controlled substances necessary
25     to fill the largest number of prescription orders filled by
26     that pharmacy for such controlled substances in any one
27     week in the previous year. These limitations shall not
28     apply to Schedule V controlled substances which Federal law
29     prohibits from being dispensed without a prescription.
30         (9) no person shall distribute or dispense butyl
31     nitrite for inhalation or other introduction into the human
32     body for euphoric or physical effect.
33     (d) Every practitioner shall keep a record of controlled
34 substances received by him and a record of all such controlled
35 substances administered, dispensed or professionally used by
36 him otherwise than by prescription. It shall, however, be

 

 

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1 sufficient compliance with this paragraph if any practitioner
2 utilizing controlled substances listed in Schedules III, IV and
3 V shall keep a record of all those substances dispensed and
4 distributed by him other than those controlled substances which
5 are administered by the direct application of a controlled
6 substance, whether by injection, inhalation, ingestion, or any
7 other means to the body of a patient or research subject. A
8 practitioner who dispenses, other than by administering, a
9 controlled substance in Schedule II, which is a narcotic drug
10 listed in Section 206 of this Act, or which contains any
11 quantity of amphetamine or methamphetamine, their salts,
12 optical isomers or salts of optical isomers, pentazocine, or
13 methaqualone shall do so only upon the issuance of a written
14 prescription blank by a prescriber.
15     (e) Whenever a manufacturer distributes a controlled
16 substance in a package prepared by him, and whenever a
17 wholesale distributor distributes a controlled substance in a
18 package prepared by him or the manufacturer, he shall securely
19 affix to each package in which that substance is contained a
20 label showing in legible English the name and address of the
21 manufacturer, the distributor and the quantity, kind and form
22 of controlled substance contained therein. No person except a
23 pharmacist and only for the purposes of filling a prescription
24 under this Act, shall alter, deface or remove any label so
25 affixed.
26     (f) Whenever a practitioner dispenses any controlled
27 substance except a non-prescription targeted methamphetamine
28 precursor as defined in the Methamphetamine Precursor Control
29 Act, he shall affix to the container in which such substance is
30 sold or dispensed, a label indicating the date of initial
31 filling, the practitioner's name and address, the name of the
32 patient, the name of the prescriber, the directions for use and
33 cautionary statements, if any, contained in any prescription or
34 required by law, the proprietary name or names or the
35 established name of the controlled substance, and the dosage
36 and quantity, except as otherwise authorized by regulation by

 

 

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1 the Department of Professional Regulation. No person shall
2 alter, deface or remove any label so affixed.
3     (g) A person to whom or for whose use any controlled
4 substance has been prescribed or dispensed by a practitioner,
5 or other persons authorized under this Act, and the owner of
6 any animal for which such substance has been prescribed or
7 dispensed by a veterinarian, may lawfully possess such
8 substance only in the container in which it was delivered to
9 him by the person dispensing such substance.
10     (h) The responsibility for the proper prescribing or
11 dispensing of controlled substances is upon the prescriber and
12 the responsibility for the proper filling of a prescription for
13 controlled substance drugs rests with the pharmacist. An order
14 purporting to be a prescription issued to any individual, which
15 is not in the regular course of professional treatment nor part
16 of an authorized methadone maintenance program, nor in
17 legitimate and authorized research instituted by any
18 accredited hospital, educational institution, charitable
19 foundation, or federal, state or local governmental agency, and
20 which is intended to provide that individual with controlled
21 substances sufficient to maintain that individual's or any
22 other individual's physical or psychological addiction,
23 habitual or customary use, dependence, or diversion of that
24 controlled substance is not a prescription within the meaning
25 and intent of this Act; and the person issuing it, shall be
26 subject to the penalties provided for violations of the law
27 relating to controlled substances.
28     (i) A prescriber shall not preprint or cause to be
29 preprinted a prescription for any controlled substance; nor
30 shall any practitioner issue, fill or cause to be issued or
31 filled, a preprinted prescription for any controlled
32 substance.
33     (j) No person shall manufacture, dispense, deliver,
34 possess with intent to deliver, prescribe, or administer or
35 cause to be administered under his direction any anabolic
36 steroid, for any use in humans other than the treatment of

 

 

SB0273 Enrolled - 21 - LRB094 04221 RLC 34245 b

1 disease in accordance with the order of a physician licensed to
2 practice medicine in all its branches for a valid medical
3 purpose in the course of professional practice. The use of
4 anabolic steroids for the purpose of hormonal manipulation that
5 is intended to increase muscle mass, strength or weight without
6 a medical necessity to do so, or for the intended purpose of
7 improving physical appearance or performance in any form of
8 exercise, sport, or game, is not a valid medical purpose or in
9 the course of professional practice.
10 (Source: P.A. 90-253, eff. 7-29-97; 91-576, eff. 4-1-00;
11 91-714, eff. 6-2-00.)
 
12     (720 ILCS 647/Act rep.)
13     Section 905. The Methamphetamine Precursor Retail Sale
14 Control Act is repealed.
 
15     Section 999. Effective date. This Act takes effect January
16 15, 2006.