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

SB0273ham001 94TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 10/25/2005

 

 


 

 


 
09400SB0273ham001 LRB094 04221 RLC 49934 a

1
AMENDMENT TO SENATE BILL 273

2     AMENDMENT NO. ______. Amend Senate Bill 273 by replacing
3 everything after the enacting clause with the following:
 
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

 

 

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1 Illinois Controlled Substances Act.
2     "Dispense" has the meaning provided in Section 102 of the
3 Illinois Controlled Substances Act.
4     "Distribute" has the meaning provided in Section 102 of the
5 Illinois Controlled Substances Act.
6     "List I chemical" has the meaning provided in 21 U.S.C.
7 Section 802.
8     "Methamphetamine precursor" has the meaning provided in
9 Section 10 of the Methamphetamine Control and Community
10 Protection Act.
11     "Package" means an item packaged and marked for retail sale
12 that is not designed to be further broken down or subdivided
13 for the purpose of retail sale.
14     "Pharmacist" has the meaning provided in Section 102 of the
15 Illinois Controlled Substances Act.
16     "Pharmacy" has the meaning provided in Section 102 of the
17 Illinois Controlled Substances Act.
18     "Practitioner" has the meaning provided in Section 102 of
19 the Illinois Controlled Substances Act.
20     "Prescriber" has the meaning provided in Section 102 of the
21 Illinois Controlled Substances Act.
22     "Prescription" has the meaning provided in Section 102 of
23 the Illinois Controlled Substances Act.
24     "Readily retrievable" has the meaning provided in 21 C.F.R.
25 part 1300.
26     "Retail distributor" means a grocery store, general
27 merchandise store, drug store, other merchandise store, or
28 other entity or person whose activities as a distributor
29 relating to drug products containing targeted methamphetamine
30 precursor are limited exclusively or almost exclusively to
31 sales for personal use by an ultimate user, both in number of
32 sales and volume of sales, either directly to walk-in customers
33 or in face-to-face transactions by direct sales.
34     "Sales employee" means any employee or agent who at any

 

 

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1 time (a) operates a cash register at which targeted packages
2 may be sold, (b) works at or behind a pharmacy counter, (c)
3 stocks shelves containing targeted packages, or (d) trains or
4 supervises any other employee or agent who engages in any of
5 the preceding activities.
6     "Single retail transaction" means a sale by a retail
7 distributor to a specific customer at a specific time.
8     "Targeted methamphetamine precursor" means any compound,
9 mixture, or preparation that contains any detectable quantity
10 of ephedrine or pseudoephedrine, their salts or optical
11 isomers, or salts of optical isomers.
12     "Targeted package" means a package, including a
13 convenience package, containing any amount of targeted
14 methamphetamine precursor.
15     "Ultimate user" has the meaning provided in Section 102 of
16 the Illinois Controlled Substances Act.
 
17     Section 15. Basic provisions.
18     (a) No targeted methamphetamine precursor shall be
19 purchased, received, or otherwise acquired in any manner other
20 than that described in Section 20 of this Act.
21     (b) No targeted methamphetamine precursor shall be
22 knowingly administered, dispensed, or distributed for any
23 purpose other than a medical purpose.
24     (c) No targeted methamphetamine precursor shall be
25 knowingly administered, dispensed, or distributed for the
26 purpose of violating or evading this Act, the Illinois
27 Controlled Substances Act, or the Methamphetamine Control and
28 Community Protection Act.
29     (d) No targeted methamphetamine precursor shall be
30 administered, dispensed, or distributed with knowledge that it
31 will be used to manufacture methamphetamine or with reckless
32 disregard of its likely use to manufacture methamphetamine.
33     (e) No targeted methamphetamine precursor shall be

 

 

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1 administered, dispensed, or distributed except by:
2         (1) a pharmacist pursuant to the valid order of a
3     prescriber;
4         (2) any other practitioner authorized to do so by the
5     Illinois Controlled Substances Act;
6         (3) a drug abuse treatment program, pursuant to
7     subsection (d) of Section 313 of the Illinois Controlled
8     Substances Act;
9         (4) a pharmacy pursuant to Section 25 of this Act;
10         (5) a retail distributor pursuant to Sections 30 and 35
11     of this Act; or
12         (6) a distributor authorized by the Drug Enforcement
13     Administration to distribute bulk quantities of a list I
14     chemical under the federal Controlled Substances Act and
15     corresponding regulations, or the employee or agent of such
16     a distributor acting in the normal course of business.
 
17     Section 20. Restrictions on purchase, receipt, or
18 acquisition.
19     (a) Except as provided in subsection (e) of this Section,
20 any person 18 years of age or older wishing to purchase,
21 receive, or otherwise acquire a targeted methamphetamine
22 precursor shall, prior to taking possession of the targeted
23 methamphetamine precursor:
24         (1) provide a driver's license or other
25     government-issued identification showing the person's
26     name, date of birth, and photograph; and
27         (2) sign a log documenting the name and address of the
28     person, date and time of the transaction, and brand and
29     product name and total quantity distributed of ephedrine or
30     pseudoephedrine, their salts, or optical isomers, or salts
31     of optical isomers.
32     (b) Except as provided in subsection (e) of this Section,
33 no person shall knowingly purchase, receive, or otherwise

 

 

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1 acquire, within any 30-day period products containing more than
2 a total of 7,500 milligrams of ephedrine or pseudoephedrine,
3 their salts or optical isomers, or salts of optical isomers.
4     (c) Except as provided in subsections (d) and (e) of this
5 Section, no person shall knowingly purchase, receive, or
6 otherwise acquire more than 2 targeted packages in a single
7 retail transaction.
8     (d) Except as provided in subsection (e) of this Section,
9 no person shall knowingly purchase, receive, or otherwise
10 acquire more than one convenience package in a 24-hour period.
11     (e) This Section shall not apply to any person who
12 purchases, receives, or otherwise acquires a targeted
13 methamphetamine precursor for the purpose of dispensing,
14 distributing, or administering it in a lawful manner described
15 in subsection (e) of Section 15 of this Act.
 
16     Section 25. Pharmacies.
17     (a) No targeted methamphetamine precursor may be knowingly
18 distributed through a pharmacy, including a pharmacy located
19 within, owned by, operated by, or associated with a retail
20 distributor unless all terms of this Section are satisfied.
21     (b) The targeted methamphetamine precursor shall:
22         (1) be packaged in blister packs, with each blister
23     containing not more than 2 dosage units, or when the use of
24     blister packs is technically infeasible, in unit dose
25     packets; and
26         (2) contain no more than 3,000 milligrams of ephedrine
27     or pseudoephedrine, their salts or optical isomers, or
28     salts of optical isomers.
29     (c) The targeted methamphetamine precursor shall be
30 distributed by a pharmacist or pharmacy technician licensed
31 under the Pharmacy Practice Act of 1987.
32     (d) Any retail distributor operating a pharmacy, and any
33 pharmacist or pharmacy technician involved in the transaction

 

 

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1 or transactions, shall ensure that any person purchasing,
2 receiving, or otherwise acquiring the targeted methamphetamine
3 precursor complies with subsection (a) of Section 20 of this
4 Act.
5     (e) Any retail distributor operating a pharmacy, and any
6 pharmacist or pharmacy technician involved in the transaction
7 or transactions, shall verify that:
8         (1) The person purchasing, receiving, or otherwise
9     acquiring the targeted methamphetamine precursor is 18
10     years of age or older and resembles the photograph of the
11     person on the government-issued identification presented
12     by the person; and
13         (2) The name entered into the log referred to in
14     subsection (a) of Section 20 of this Act corresponds to the
15     name on the government-issued identification presented by
16     the person.
17     (f) The logs referred to in subsection (a) of Section 20 of
18 this Act shall be kept confidential, maintained for not less
19 than 2 years, and made available for inspection and copying by
20 any law enforcement officer upon request of that officer. These
21 logs may be kept in an electronic format if they include all
22 the information specified in subsection (a) of Section 20 of
23 this Act in a manner that is readily retrievable and
24 reproducible in hard-copy format.
25     (g) No retail distributor operating a pharmacy, and no
26 pharmacist or pharmacy technician, shall knowingly distribute
27 any targeted methamphetamine precursor to any person under 18
28 years of age.
29     (h) No retail distributor operating a pharmacy, and no
30 pharmacist or pharmacy technician, shall knowingly distribute
31 to a single person in any 24-hour period more than one
32 convenience package.
33     (i) Except as provided in subsection (h) of this Section,
34 no retail distributor operating a pharmacy, and no pharmacist

 

 

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1 or pharmacy technician, shall knowingly distribute to a single
2 person more than 2 targeted packages in a single retail
3 transaction.
4     (j) No retail distributor operating a pharmacy, and no
5 pharmacist or pharmacy technician, shall knowingly distribute
6 to a single person in any 30-day period products containing
7 more than a total of 7,500 milligrams of ephedrine or
8 pseudoephedrine, their salts or optical isomers, or salts of
9 optical isomers.
 
10     Section 30. Retail distributors; general requirements.
11     (a) No retail distributor shall distribute any convenience
12 package except in accordance with this Section and Section 35
13 of this Act.
14     (b) The convenience packages must be displayed behind store
15 counters or in locked cases, so that customers are not able to
16 reach the product without the assistance of a store employee or
17 agent.
18     (c) The retailer distributor shall ensure that any person
19 purchasing, receiving, or otherwise acquiring the targeted
20 methamphetamine precursor complies with subsection (a) of
21 Section 20 of this Act.
22     (d) The retail distributor shall verify that:
23         (1) The person purchasing, receiving, or otherwise
24     acquiring the targeted methamphetamine precursor is 18
25     years of age or older and resembles the photograph of the
26     person on the government-issued identification presented
27     by the person; and
28         (2) The name entered into the log referred to in
29     subsection (a) of Section 20 of this Act corresponds to the
30     name on the government-issued identification presented by
31     the person.
32     (e) The logs referred to in subsection (a) of Section 20 of
33 this Act shall be kept confidential, maintained for not less

 

 

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1 than 2 years, and made available for inspection and copying by
2 any law enforcement officer upon request of that officer. These
3 logs may be kept in an electronic format if they include all
4 the information specified in subsection (a) of Section 20 of
5 this Act in a form that is readily retrievable.
6     (f) No retail distributor shall knowingly distribute any
7 targeted methamphetamine precursor to any person under 18 years
8 of age.
9     (g) No retail distributor shall knowingly distribute to a
10 single person in any 24-hour period more than one convenience
11 package.
12     (h) No retail distributor shall knowingly distribute to a
13 single person in any 30-day period products containing more
14 than a total of 7,500 milligrams of ephedrine or
15 pseudoephedrine, their salts or optical isomers, or salts of
16 optical isomers.
 
17     Section 35. Retail distributors; training requirements.
18     (a) Every retail distributor of any targeted
19 methamphetamine precursor shall train each sales employee on
20 the topics listed on the certification form described in
21 subsection (b) of this Section. This training may be conducted
22 by a live trainer or by means of a computer-based training
23 program. This training shall be completed within 30 days of the
24 effective date of this Act or within 30 days of the date that
25 each sales employee begins working for the retail distributor,
26 whichever of these 2 dates comes later.
27     (b) Immediately after training each sales employee as
28 required in subsection (a) of this Section, every retail
29 distributor of any targeted methamphetamine precursor shall
30 have each sales employee read, sign, and date a certification
31 containing the following language:
32         (1) My name is (insert name of employee) and I am an
33     employee of (insert name of business) at (insert street

 

 

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1     address).
2         (2) I understand that in Illinois there are laws
3     governing the sale of certain over-the-counter medications
4     that contain a chemical called ephedrine or a second
5     chemical called pseudoephedrine. Medications that are
6     subject to these laws are called "targeted methamphetamine
7     precursors".
8         (3) I understand that "targeted methamphetamine
9     precursors" can be used to manufacture the illegal and
10     dangerous drug methamphetamine and that methamphetamine is
11     causing great harm to individuals, families, communities,
12     the economy, and the environment throughout Illinois.
13         (4) I understand that under Illinois law, unless they
14     are at a pharmacy counter, customers can only purchase
15     small "convenience packages" of "targeted methamphetamine
16     precursors".
17         (5) I understand that under Illinois law, customers can
18     only purchase these "convenience packages" if they are 18
19     years of age or older, show identification, and sign a log
20     according to procedures that have been described to me.
21         (6) I understand that under Illinois law, I cannot sell
22     more than one "convenience package" to a single customer in
23     one 24-hour period.
24         (7) I understand that under Illinois law, I cannot sell
25     "targeted methamphetamine precursors" to a person if I know
26     that the person is going to use them to make
27     methamphetamine.
28         (8) I understand that there are a number of ingredients
29     that are used to make the illegal drug methamphetamine,
30     including "targeted methamphetamine precursors" sold in
31     "convenience packages". My employer has shown me a list of
32     these various ingredients, and I have reviewed the list.
33         (9) I understand that there are certain procedures that
34     I should follow if I suspect that a store customer is

 

 

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1     purchasing "targeted methamphetamine precursors" or other
2     products for the purpose of manufacturing methamphetamine.
3     These procedures have been described to me, and I
4     understand them.
5     (c) A certification form of the type described in
6 subsection (b) of this Section may be signed with a handwritten
7 signature or an electronic signature that includes a unique
8 identifier for each employee. The certification shall be
9 retained by the retail distributor for each sales employee for
10 the duration of his or her employment and for at least 30 days
11 following the end of his or her employment. Any such form shall
12 be made available for inspection and copying by any law
13 enforcement officer upon request of that officer. These records
14 may be kept in electronic format if they include all the
15 information specified in this Section in a manner that is
16 readily retrievable and reproducible in hard-copy format.
17     (d) The Office of the Illinois Attorney General shall make
18 available to retail distributors the list of methamphetamine
19 ingredients referred to in subsection (b) of this Section.
 
20     Section 40. Penalties.
21     (a) Any pharmacy or retail distributor that violates this
22 Act is guilty of a petty offense and subject to a fine of $500
23 for a first offense; and $1,000 for a second offense occurring
24 at the same retail location as and within 3 years of the prior
25 offense. A pharmacy or retail distributor that violates this
26 Act is guilty of a business offense and subject to a fine of
27 $5,000 for a third or subsequent offense occurring at the same
28 retail location as and within 3 years of the prior offenses.
29     (b) An employee or agent of a pharmacy or retail
30 distributor who violates this Act is guilty of a Class A
31 misdemeanor for a first offense, a Class 4 felony for a second
32 offense, and a Class 1 felony for a third or subsequent
33 offense.

 

 

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1     (c) Any other person who violates this Act is guilty of a
2 Class B misdemeanor for a first offense, a Class A misdemeanor
3 for a second offense, and a Class 4 felony for a third or
4 subsequent offense.
 
5     Section 45. Immunity from civil liability. In the event
6 that any agent or employee of a pharmacy or retail distributor
7 reports to any law enforcement officer or agency any suspicious
8 activity concerning a targeted methamphetamine precursor or
9 other methamphetamine ingredient or ingredients, the agent or
10 employee and the pharmacy or retail distributor itself are
11 immune from civil liability based on allegations of defamation,
12 libel, slander, false arrest, or malicious prosecution, or
13 similar allegations, except in cases of willful or wanton
14 misconduct.
 
15     Section 50. Scope of Act.
16     (a) Nothing in this Act limits the scope, terms, or effect
17 of the Methamphetamine Control and Community Protection Act.
18     (b) Nothing in this Act limits the lawful authority granted
19 by the Medical Practice Act of 1987, the Nursing and Advanced
20 Practice Nursing Act, or the Pharmacy Practice Act of 1987.
21     (c) Nothing in this Act limits the authority or activity of
22 any law enforcement officer acting within the scope of his or
23 her employment.
 
24     Section 55. Preemption and home rule powers.
25     (a) Except as provided in subsection (b) of this Section, a
26 county or municipality, including a home rule unit, may
27 regulate the sale of targeted methamphetamine precursor and
28 targeted packages in a manner that is not more or less
29 restrictive than the regulation by the State under this Act.
30 This Section is a limitation under subsection (i) of Section 6
31 of Article VII of the Illinois Constitution on the concurrent

 

 

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1 exercise by home rule units of the powers and functions
2 exercised by the State.
3     (b) Any regulation of the sale of targeted methamphetamine
4 precursor and targeted packages by a home rule unit that took
5 effect on or before May 1, 2004, is exempt from the provisions
6 of subsection (a) of this Section.
 
7     Section 900. The Illinois Controlled Substances Act is
8 amended by changing Sections 211, 212, 216, 304, and 312 as
9 follows:
 
10     (720 ILCS 570/211)  (from Ch. 56 1/2, par. 1211)
11     Sec. 211. The Department shall issue a rule scheduling a
12 substance in Schedule V if it finds that:
13     (1) the substance has low potential for abuse relative to
14 the controlled substances listed in Schedule IV;
15     (2) the substance has currently accepted medical use in
16 treatment in the United States; and
17     (3) abuse of the substance may lead to limited
18 physiological dependence or psychological dependence relative
19 to the substances in Schedule IV, or the substance is a
20 targeted methamphetamine precursor as defined in the
21 Methamphetamine Precursor Control Act.
22 (Source: P.A. 83-969.)
 
23     (720 ILCS 570/212)  (from Ch. 56 1/2, par. 1212)
24     Sec. 212. (a) The controlled substances listed in this
25 section are included in Schedule V.
26     (b) Any compound, mixture, or preparation containing
27 limited quantities of any of the following narcotic drugs, or
28 their salts calculated as the free anhydrous base or alkaloid
29 which also contains one or more non-narcotic active medicinal
30 ingredients in sufficient proportion to confer upon the
31 compound, mixture, or preparation, valuable medicinal

 

 

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1 qualities other than those possessed by the narcotic drug alone
2 as set forth below:
3         (1) not more than 200 milligrams of codeine, or any of
4     its salts, per 100 milliliters or per 100 grams;
5         (2) not more than 100 milligrams of dihydrocodeine; or
6     any of its salts, per 100 milliliters or per 100 grams;
7         (3) not more than 100 milligrams of ethylmorphine, or
8     any of its salts, per 100 milliliters or per 100 grams;
9         (4) not more than 2.5 milligrams of diphenoxylate and
10     not less than 25 micrograms of atropine sulfate per dosage
11     unit;
12         (5) not more than 100 milligrams of opium per 100
13     milliliters or per 100 grams;
14         (6) not more than 0.5 milligram of difenoxin (DEA Drug
15     Code No. 9618) and not less than 25 micrograms of atropine
16     sulfate per dosage unit.
17     (c) Buprenorphine.
18     (d) Pyrovalerone.
19     (d-5) Any targeted methamphetamine precursor as defined in
20 the Methamphetamine Precursor Control Act.
21     (e) Any compound, mixture or preparation which contains any
22 quantity of any controlled substance when such compound,
23 mixture or preparation is not otherwise controlled in Schedules
24 I, II, III or IV.
25 (Source: P.A. 89-202, eff. 10-1-95.)
 
26     (720 ILCS 570/216)
27     Sec. 216. Ephedrine.
28     (a) The following drug products containing ephedrine, its
29 salts, optical isomers and salts of optical isomers shall be
30 exempt from the application of Sections 312 and 313 of this Act
31 if they: (i) may lawfully be sold over-the-counter without a
32 prescription under the Federal Food, Drug, and Cosmetic Act;
33 (ii) are labeled and marketed in a manner consistent with

 

 

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1 Section 341.76 of Title 21 of the Code of Federal Regulations;
2 (iii) are manufactured and distributed for legitimate
3 medicinal use in a manner that reduces or eliminates the
4 likelihood of abuse; and (iv) are not marketed, advertised, or
5 labeled for the indications of stimulation, mental alertness,
6 weight loss, muscle enhancement, appetite control, or energy:
7         (1) Solid oral dosage forms, including soft gelatin
8     caplets, which are formulated pursuant to 21 CFR 341 or its
9     successor, and packaged in blister packs of not more than 2
10     tablets per blister.
11         (2) Anorectal preparations containing not more than 5%
12     ephedrine.
13     (b) The marketing, advertising, or labeling of any product
14 containing ephedrine, a salt of ephedrine, an optical isomer of
15 ephedrine, or a salt of an optical isomer of ephedrine, for the
16 indications of stimulation, mental alertness, weight loss,
17 appetite control, or energy, is prohibited. In determining
18 compliance with this requirement the Department may consider
19 the following factors:
20         (1) The packaging of the drug product;
21         (2) The name and labeling of the product;
22         (3) The manner of distribution, advertising, and
23     promotion of the product;
24         (4) Verbal representations made concerning the
25     product;
26         (5) The duration, scope, and significance of abuse or
27     misuse of the particular product.
28     (c) A violation of this Section is a Class A misdemeanor. A
29 second or subsequent violation of this Section is a Class 4
30 felony.
31     (d) This Section does not apply to dietary supplements,
32 herbs, or other natural products, including concentrates or
33 extracts, which:
34         (1) are not otherwise prohibited by law; and

 

 

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

 

 

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1     violation; or
2         (6) has failed to provide effective controls against
3     the diversion of controlled substances in other than
4     legitimate medical, scientific or industrial channels.
5     (b) The Department of Professional Regulation may limit
6 revocation or suspension of a registration to the particular
7 controlled substance with respect to which grounds for
8 revocation or suspension exist.
9     (c) The Department of Professional Regulation shall
10 promptly notify the Administration, the Department and the
11 Department of State Police or their successor agencies, of all
12 orders denying, suspending or revoking registration, all
13 forfeitures of controlled substances, and all final court
14 dispositions, if any, of such denials, suspensions,
15 revocations or forfeitures.
16     (d) If Federal registration of any registrant is suspended,
17 revoked, refused renewal or refused issuance, then the
18 Department of Professional Regulation shall issue a notice and
19 conduct a hearing in accordance with Section 305 of this Act.
20 (Source: P.A. 93-626, eff. 12-23-03.)
 
21     (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)
22     Sec. 312. Requirements for dispensing controlled
23 substances.
24     (a) A practitioner, in good faith, may dispense a Schedule
25 II controlled substance, which is a narcotic drug listed in
26 Section 206 of this Act; or which contains any quantity of
27 amphetamine or methamphetamine, their salts, optical isomers
28 or salts of optical isomers; phenmetrazine and its salts; or
29 pentazocine; and Schedule III, IV, or V controlled substances
30 to any person upon a written prescription of any prescriber,
31 dated and signed by the person prescribing on the day when
32 issued and bearing the name and address of the patient for
33 whom, or the owner of the animal for which the controlled

 

 

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

 

 

09400SB0273ham001 - 18 - LRB094 04221 RLC 49934 a

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

 

 

09400SB0273ham001 - 19 - LRB094 04221 RLC 49934 a

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

 

 

09400SB0273ham001 - 20 - LRB094 04221 RLC 49934 a

1         (9) no person shall distribute or dispense butyl
2     nitrite for inhalation or other introduction into the human
3     body for euphoric or physical effect.
4     (d) Every practitioner shall keep a record of controlled
5 substances received by him and a record of all such controlled
6 substances administered, dispensed or professionally used by
7 him otherwise than by prescription. It shall, however, be
8 sufficient compliance with this paragraph if any practitioner
9 utilizing controlled substances listed in Schedules III, IV and
10 V shall keep a record of all those substances dispensed and
11 distributed by him other than those controlled substances which
12 are administered by the direct application of a controlled
13 substance, whether by injection, inhalation, ingestion, or any
14 other means to the body of a patient or research subject. A
15 practitioner who dispenses, other than by administering, a
16 controlled substance in Schedule II, which is a narcotic drug
17 listed in Section 206 of this Act, or which contains any
18 quantity of amphetamine or methamphetamine, their salts,
19 optical isomers or salts of optical isomers, pentazocine, or
20 methaqualone shall do so only upon the issuance of a written
21 prescription blank by a prescriber.
22     (e) Whenever a manufacturer distributes a controlled
23 substance in a package prepared by him, and whenever a
24 wholesale distributor distributes a controlled substance in a
25 package prepared by him or the manufacturer, he shall securely
26 affix to each package in which that substance is contained a
27 label showing in legible English the name and address of the
28 manufacturer, the distributor and the quantity, kind and form
29 of controlled substance contained therein. No person except a
30 pharmacist and only for the purposes of filling a prescription
31 under this Act, shall alter, deface or remove any label so
32 affixed.
33     (f) Whenever a practitioner dispenses any controlled
34 substance except a non-prescription targeted methamphetamine

 

 

09400SB0273ham001 - 21 - LRB094 04221 RLC 49934 a

1 precursor as defined in the Methamphetamine Precursor Control
2 Act, he shall affix to the container in which such substance is
3 sold or dispensed, a label indicating the date of initial
4 filling, the practitioner's name and address, the name of the
5 patient, the name of the prescriber, the directions for use and
6 cautionary statements, if any, contained in any prescription or
7 required by law, the proprietary name or names or the
8 established name of the controlled substance, and the dosage
9 and quantity, except as otherwise authorized by regulation by
10 the Department of Professional Regulation. No person shall
11 alter, deface or remove any label so affixed.
12     (g) A person to whom or for whose use any controlled
13 substance has been prescribed or dispensed by a practitioner,
14 or other persons authorized under this Act, and the owner of
15 any animal for which such substance has been prescribed or
16 dispensed by a veterinarian, may lawfully possess such
17 substance only in the container in which it was delivered to
18 him by the person dispensing such substance.
19     (h) The responsibility for the proper prescribing or
20 dispensing of controlled substances is upon the prescriber and
21 the responsibility for the proper filling of a prescription for
22 controlled substance drugs rests with the pharmacist. An order
23 purporting to be a prescription issued to any individual, which
24 is not in the regular course of professional treatment nor part
25 of an authorized methadone maintenance program, nor in
26 legitimate and authorized research instituted by any
27 accredited hospital, educational institution, charitable
28 foundation, or federal, state or local governmental agency, and
29 which is intended to provide that individual with controlled
30 substances sufficient to maintain that individual's or any
31 other individual's physical or psychological addiction,
32 habitual or customary use, dependence, or diversion of that
33 controlled substance is not a prescription within the meaning
34 and intent of this Act; and the person issuing it, shall be

 

 

09400SB0273ham001 - 22 - LRB094 04221 RLC 49934 a

1 subject to the penalties provided for violations of the law
2 relating to controlled substances.
3     (i) A prescriber shall not preprint or cause to be
4 preprinted a prescription for any controlled substance; nor
5 shall any practitioner issue, fill or cause to be issued or
6 filled, a preprinted prescription for any controlled
7 substance.
8     (j) No person shall manufacture, dispense, deliver,
9 possess with intent to deliver, prescribe, or administer or
10 cause to be administered under his direction any anabolic
11 steroid, for any use in humans other than the treatment of
12 disease in accordance with the order of a physician licensed to
13 practice medicine in all its branches for a valid medical
14 purpose in the course of professional practice. The use of
15 anabolic steroids for the purpose of hormonal manipulation that
16 is intended to increase muscle mass, strength or weight without
17 a medical necessity to do so, or for the intended purpose of
18 improving physical appearance or performance in any form of
19 exercise, sport, or game, is not a valid medical purpose or in
20 the course of professional practice.
21 (Source: P.A. 90-253, eff. 7-29-97; 91-576, eff. 4-1-00;
22 91-714, eff. 6-2-00.)
 
23     (720 ILCS 647/Act rep.)
24     Section 905. The Methamphetamine Precursor Retail Sale
25 Control Act is repealed.
 
26     Section 999. Effective date. This Act takes effect January
27 1, 2006.".