Full Text of SB2391 94th General Assembly
SB2391ham001 94TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 3/28/2006
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| AMENDMENT TO SENATE BILL 2391
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| AMENDMENT NO. ______. Amend Senate Bill 2391 on page 1, by | 3 |
| inserting after line 3 the following:
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| "Section 2. The Illinois Controlled Substances Act is | 5 |
| amended by changing Section 312 as follows:
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| (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
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| Sec. 312. Requirements for dispensing controlled | 8 |
| substances.
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| (a) A practitioner, in good faith, may dispense a Schedule
| 10 |
| II controlled substance, which is a narcotic drug listed in | 11 |
| Section 206
of this Act; or which contains any quantity of | 12 |
| amphetamine or
methamphetamine, their salts, optical isomers | 13 |
| or salts of optical
isomers; phenmetrazine and its salts; or | 14 |
| pentazocine; and Schedule III, IV, or V controlled substances
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| to any person upon
a written prescription of any prescriber, | 16 |
| dated and signed
by the
person prescribing on the day when | 17 |
| issued and bearing the name and
address of the patient for | 18 |
| whom, or the owner of the animal for which
the controlled | 19 |
| substance is dispensed, and the full name, address and
registry | 20 |
| number under the laws of the United States relating to
| 21 |
| controlled substances of the prescriber, if he is
required by
| 22 |
| those laws to be registered. If the prescription is for an | 23 |
| animal it
shall state the species of animal for which it is | 24 |
| ordered. The
practitioner filling the prescription shall write |
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| the date of filling
and his own signature on the face of the | 2 |
| written prescription.
The written prescription shall be
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| retained on file by the practitioner who filled it or pharmacy | 4 |
| in which
the prescription was filled for a period of 2 years, | 5 |
| so as to be readily
accessible for inspection or removal by any | 6 |
| officer or employee engaged
in the enforcement of this Act. | 7 |
| Whenever the practitioner's or
pharmacy's copy of any | 8 |
| prescription is removed by an officer or
employee engaged in | 9 |
| the enforcement of this Act, for the purpose of
investigation | 10 |
| or as evidence, such officer or employee shall give to the
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| practitioner or pharmacy a receipt in lieu thereof. A | 12 |
| prescription
for a Schedule II controlled substance shall not | 13 |
| be filled more than 7 days
after the date of issuance. A | 14 |
| written prescription for Schedule III, IV or
V controlled | 15 |
| substances shall not be filled or refilled more than 6 months
| 16 |
| after the date thereof or refilled more than 5 times unless | 17 |
| renewed, in
writing, by the prescriber.
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| (b) In lieu of a written prescription required by this | 19 |
| Section, a
pharmacist, in good faith, may dispense Schedule | 20 |
| III, IV, or V
substances to any person either upon receiving a | 21 |
| facsimile of a written,
signed prescription transmitted by the | 22 |
| prescriber or the prescriber's agent
or upon a lawful oral | 23 |
| prescription of a
prescriber which oral prescription shall be | 24 |
| reduced
promptly to
writing by the pharmacist and such written | 25 |
| memorandum thereof shall be
dated on the day when such oral | 26 |
| prescription is received by the
pharmacist and shall bear the | 27 |
| full name and address of the ultimate user
for whom, or of the | 28 |
| owner of the animal for which the controlled
substance is | 29 |
| dispensed, and the full name, address, and registry number
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| under the law of the United States relating to controlled | 31 |
| substances of
the prescriber prescribing if he is required by | 32 |
| those laws
to be so
registered, and the pharmacist filling such | 33 |
| oral prescription shall
write the date of filling and his own | 34 |
| signature on the face of such
written memorandum thereof. The |
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| facsimile copy of the prescription or
written memorandum of the | 2 |
| oral
prescription shall be retained on file by the proprietor | 3 |
| of the pharmacy
in which it is filled for a period of not less | 4 |
| than two years, so as to
be readily accessible for inspection | 5 |
| by any officer or employee engaged
in the enforcement of this | 6 |
| Act in the same manner as a written
prescription. The facsimile | 7 |
| copy of the prescription or oral prescription
and the written | 8 |
| memorandum thereof
shall not be filled or refilled more than 6 | 9 |
| months after the date
thereof or be refilled more than 5 times, | 10 |
| unless renewed, in writing, by
the prescriber.
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| (c) Except for any non-prescription targeted | 12 |
| methamphetamine precursor regulated by
as defined in the | 13 |
| Methamphetamine Precursor Control Act, a
controlled substance | 14 |
| included in Schedule V shall not be
distributed or dispensed | 15 |
| other than for a medical purpose and not for
the purpose of | 16 |
| evading this Act, and then:
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| (1) only personally by a person registered to dispense | 18 |
| a Schedule V
controlled substance and then only to his | 19 |
| patients, or
| 20 |
| (2) only personally by a pharmacist, and then only to a | 21 |
| person over
21 years of age who has identified himself to | 22 |
| the pharmacist by means of
2 positive documents of | 23 |
| identification.
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| (3) the dispenser shall record the name and address of | 25 |
| the
purchaser, the name and quantity of the product, the | 26 |
| date and time of
the sale, and the dispenser's signature.
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| (4) no person shall purchase or be dispensed more than | 28 |
| 120
milliliters or more than 120 grams of any Schedule V | 29 |
| substance which
contains codeine, dihydrocodeine, or any | 30 |
| salts thereof, or
ethylmorphine, or any salts thereof, in | 31 |
| any 96 hour period. The
purchaser shall sign a form, | 32 |
| approved by the Department of Professional
Regulation, | 33 |
| attesting that he has not purchased any Schedule V
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| controlled substances within the immediately preceding 96 |
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| hours.
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| (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.
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| (6) all records of purchases and sales shall be | 7 |
| maintained for not
less than 2 years.
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| (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
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| of this limitation shall be in unlawful possession of such | 15 |
| controlled
substance.
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| (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
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| 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.
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| (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.
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| (d) Every practitioner shall keep a record of controlled | 34 |
| substances
received by him and a record of all such controlled |
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| substances
administered, dispensed or professionally used by | 2 |
| him otherwise than by
prescription. It shall, however, be | 3 |
| sufficient compliance with this
paragraph if any practitioner | 4 |
| utilizing controlled substances listed in
Schedules III, IV and | 5 |
| V shall keep a record of all those substances
dispensed and | 6 |
| distributed by him other than those controlled substances
which | 7 |
| are administered by the direct application of a controlled
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| substance, whether by injection, inhalation, ingestion, or any | 9 |
| other
means to the body of a patient or research subject. A | 10 |
| practitioner who
dispenses, other than by administering, a | 11 |
| controlled substance in
Schedule II, which is a narcotic drug | 12 |
| listed in Section 206 of this Act,
or which contains any | 13 |
| quantity of amphetamine or methamphetamine, their
salts, | 14 |
| optical isomers or salts of optical isomers, pentazocine, or
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| methaqualone shall do so only upon
the issuance of a written | 16 |
| prescription blank by a
prescriber.
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| (e) Whenever a manufacturer distributes a controlled | 18 |
| substance in a
package prepared by him, and whenever a | 19 |
| wholesale distributor
distributes a controlled substance in a | 20 |
| package prepared by him or the
manufacturer, he shall securely | 21 |
| affix to each package in which that
substance is contained a | 22 |
| label showing in legible English the name and
address of the | 23 |
| manufacturer, the distributor and the quantity, kind and
form | 24 |
| of controlled substance contained therein. No person except a
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| pharmacist and only for the purposes of filling a prescription | 26 |
| under
this Act, shall alter, deface or remove any label so | 27 |
| affixed.
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| (f) Whenever a practitioner dispenses any controlled | 29 |
| substance except a non-prescription targeted methamphetamine | 30 |
| precursor regulated by
as defined in the Methamphetamine | 31 |
| Precursor Control Act, he
shall affix to the container in which | 32 |
| such substance is sold or
dispensed, a label indicating the | 33 |
| date of initial filling, the practitioner's
name and address, | 34 |
| the name
of the patient, the name of the prescriber,
the |
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| directions
for use and cautionary statements, if any, contained | 2 |
| in any prescription
or required by law, the proprietary name or | 3 |
| names or the established name
of the controlled substance, and | 4 |
| the dosage and quantity, except as otherwise
authorized by | 5 |
| regulation by the Department of Professional Regulation. No
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| person shall alter, deface or remove any label so affixed.
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| (g) A person to whom or for whose use any controlled | 8 |
| substance has
been prescribed or dispensed by a practitioner, | 9 |
| or other persons
authorized under this Act, and the owner of | 10 |
| any animal for which such
substance has been prescribed or | 11 |
| dispensed by a veterinarian, may
lawfully possess such | 12 |
| substance only in the container in which it was
delivered to | 13 |
| him by the person dispensing such substance.
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| (h) The responsibility for the proper prescribing or | 15 |
| dispensing of
controlled substances is upon the prescriber and | 16 |
| the responsibility for
the proper filling of a prescription for | 17 |
| controlled substance drugs
rests with the pharmacist. An order | 18 |
| purporting to be a prescription
issued to any individual, which | 19 |
| is not in the regular course of
professional treatment nor part | 20 |
| of an authorized methadone maintenance
program, nor in | 21 |
| legitimate and authorized research instituted by any
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| accredited hospital, educational institution, charitable | 23 |
| foundation, or
federal, state or local governmental agency, and | 24 |
| which is intended to
provide that individual with controlled | 25 |
| substances sufficient to
maintain that individual's or any | 26 |
| other individual's physical or
psychological addiction, | 27 |
| habitual or customary use, dependence, or
diversion of that | 28 |
| controlled substance is not a prescription within the
meaning | 29 |
| and intent of this Act; and the person issuing it, shall be
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| subject to the penalties provided for violations of the law | 31 |
| relating to
controlled substances.
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| (i) A prescriber shall not preprint or cause to be
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| preprinted a
prescription for any controlled substance; nor | 34 |
| shall any practitioner
issue, fill or cause to be issued or |
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| filled, a preprinted prescription
for any controlled | 2 |
| substance.
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| (j) No person shall manufacture, dispense, deliver, | 4 |
| possess with
intent to deliver, prescribe, or administer or | 5 |
| cause to be administered
under his direction any anabolic | 6 |
| steroid, for any use in humans other than
the treatment of | 7 |
| disease in accordance with the order of a physician licensed
to | 8 |
| practice medicine in all its branches for a
valid medical | 9 |
| purpose in the course of professional practice. The use of
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| anabolic steroids for the purpose of hormonal manipulation that | 11 |
| is intended
to increase muscle mass, strength or weight without | 12 |
| a medical necessity to
do so, or for the intended purpose of | 13 |
| improving physical appearance or
performance in any form of | 14 |
| exercise, sport, or game, is not a valid medical
purpose or in | 15 |
| the course of professional practice.
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| (Source: P.A. 94-694, eff. 1-15-06.)"; and
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| on page 14, by inserting after line 1 the following: | 18 |
| "Section 10. The Methamphetamine Precursor Control Act is | 19 |
| amended by changing Sections 5, 10, 15, 20, 25, and 35 and by | 20 |
| adding Section 60 as follows: | 21 |
| (720 ILCS 648/5) | 22 |
| Sec. 5. Purpose. The purpose of this Act is to reduce the | 23 |
| harm that methamphetamine manufacturing and manufacturers are | 24 |
| inflicting on individuals, families, communities, first | 25 |
| responders, the economy, and the environment in Illinois, by | 26 |
| making it more difficult for persons engaged in the unlawful | 27 |
| manufacture of methamphetamine and related activities to | 28 |
| obtain methamphetamine's essential ingredient, ephedrine or | 29 |
| pseudoephedrine. It is the intent of the General Assembly that | 30 |
| this Act operate in tandem with and be interpreted as | 31 |
| consistent with federal laws and regulations relating to the |
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| subject matter of this Act to the greatest extent possible.
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| (Source: P.A. 94-694, eff. 1-15-06.) | 3 |
| (720 ILCS 648/10) | 4 |
| Sec. 10. Definitions. In this Act: | 5 |
| "Administer" or "administration" has the meaning provided | 6 |
| in Section 102 of the Illinois Controlled Substances Act. | 7 |
| "Agent" has the meaning provided in Section 102 of the | 8 |
| Illinois Controlled Substances Act. | 9 |
| "Convenience package" means any package that contains 360 | 10 |
| milligrams or less of ephedrine or pseudoephedrine, their salts | 11 |
| or optical isomers, or salts of optical isomers in liquid or | 12 |
| liquid-filled capsule form. | 13 |
| "Deliver" has the meaning provided in Section 102 of the | 14 |
| Illinois Controlled Substances Act. | 15 |
| "Dispense" has the meaning provided in Section 102 of the | 16 |
| Illinois Controlled Substances Act.
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| "Distribute" has the meaning provided in Section 102 of the | 18 |
| Illinois Controlled Substances Act. | 19 |
| "List I chemical" has the meaning provided in 21 U.S.C. | 20 |
| Section 802. | 21 |
| "Methamphetamine precursor" has the meaning provided in | 22 |
| Section 10 of the Methamphetamine Control and Community | 23 |
| Protection Act. | 24 |
| "Package" means an item packaged and marked for retail sale | 25 |
| that is not designed to be further broken down or subdivided | 26 |
| for the purpose of retail sale. | 27 |
| "Pharmacist" has the meaning provided in Section 102 of the | 28 |
| Illinois Controlled Substances Act.
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| "Pharmacy" has the meaning provided in Section 102 of the | 30 |
| Illinois Controlled Substances Act. | 31 |
| "Practitioner" has the meaning provided in Section 102 of | 32 |
| the Illinois Controlled Substances Act. | 33 |
| "Prescriber" has the meaning provided in Section 102 of the |
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| Illinois Controlled Substances Act. | 2 |
| "Prescription" has the meaning provided in Section 102 of | 3 |
| the Illinois Controlled Substances Act. | 4 |
| "Readily retrievable" has the meaning provided in 21 C.F.R. | 5 |
| part 1300. | 6 |
| "Retail distributor" means a grocery store, general | 7 |
| merchandise store, drug store, other merchandise store, or | 8 |
| other entity or person whose activities as a distributor | 9 |
| relating to drug products containing targeted methamphetamine | 10 |
| precursor are limited exclusively or almost exclusively to | 11 |
| sales for personal use by an ultimate user, both in number of | 12 |
| sales and volume of sales, either directly to walk-in customers | 13 |
| or in face-to-face transactions by direct sales. | 14 |
| "Sales employee" means any employee or agent , other than a | 15 |
| pharmacist or pharmacy technician who works exclusively or | 16 |
| almost exclusively behind a pharmacy counter, who at any time | 17 |
| (a) operates a cash register at which targeted packages may be | 18 |
| sold, (b) works at or behind a pharmacy counter, (c) stocks | 19 |
| shelves containing targeted packages, or (c)
(d) trains or | 20 |
| supervises any other employee or agent who engages in any of | 21 |
| the preceding activities. | 22 |
| "Single retail transaction" means a sale by a retail | 23 |
| distributor to a specific customer at a specific time. | 24 |
| "Targeted methamphetamine precursor" means any compound, | 25 |
| mixture, or preparation that contains any detectable quantity | 26 |
| of ephedrine or pseudoephedrine, their salts or optical | 27 |
| isomers, or salts of optical isomers. | 28 |
| "Targeted package" means a package, including a | 29 |
| convenience package, containing any amount of targeted | 30 |
| methamphetamine precursor. | 31 |
| "Ultimate user" has the meaning provided in Section 102 of | 32 |
| the Illinois Controlled Substances Act.
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| (Source: P.A. 94-694, eff. 1-15-06.) |
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| (720 ILCS 648/15) | 2 |
| Sec. 15. Basic provisions. | 3 |
| (a) No targeted methamphetamine precursor shall be | 4 |
| purchased, received, or otherwise acquired in any manner other | 5 |
| than that described in Section 20 of this Act. | 6 |
| (b) No targeted methamphetamine precursor shall be | 7 |
| knowingly administered, dispensed, or distributed for any | 8 |
| purpose other than a medical purpose.
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| (c) No targeted methamphetamine precursor shall be | 10 |
| knowingly administered, dispensed, or distributed for the | 11 |
| purpose of violating or evading this Act, the Illinois | 12 |
| Controlled Substances Act, or the Methamphetamine Control and | 13 |
| Community Protection Act.
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| (d) No targeted methamphetamine precursor shall be | 15 |
| administered, dispensed, or distributed with knowledge that it | 16 |
| will be used to manufacture methamphetamine or with reckless | 17 |
| disregard of its likely use to manufacture methamphetamine. | 18 |
| (e) No targeted methamphetamine precursor shall be | 19 |
| administered, dispensed, or distributed except by:
| 20 |
| (1) a pharmacist pursuant to the valid order of a | 21 |
| prescriber;
| 22 |
| (2) any other practitioner authorized to do so by the | 23 |
| Illinois Controlled Substances Act; | 24 |
| (3) a drug abuse treatment program, pursuant to | 25 |
| subsection (d) of Section 313 of the Illinois Controlled | 26 |
| Substances Act;
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| (4) a pharmacy pursuant to Section 25 of this Act; | 28 |
| (5) a retail distributor pursuant to Sections 30 and 35 | 29 |
| of this Act; or | 30 |
| (6) a distributor authorized by the Drug Enforcement | 31 |
| Administration to distribute bulk quantities of a list I | 32 |
| chemical under the federal Controlled Substances Act and | 33 |
| corresponding regulations, or the employee or agent of such | 34 |
| a distributor acting in the normal course of business.
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| (f) Notwithstanding any provision of this Act to the | 2 |
| contrary, it is lawful for persons to provide small quantities | 3 |
| of targeted methamphetamine precursors to immediate family or | 4 |
| household members for legitimate medical purposes, and it is | 5 |
| lawful for persons to receive small quantities of targeted | 6 |
| methamphetamine precursors from immediate family or household | 7 |
| members for legitimate medical purposes.
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| (Source: P.A. 94-694, eff. 1-15-06.) | 9 |
| (720 ILCS 648/20) | 10 |
| Sec. 20. Restrictions on purchase, receipt, or | 11 |
| acquisition. | 12 |
| (a) Except as provided in subsection (e) of this Section, | 13 |
| any person 18 years of age or older wishing to purchase, | 14 |
| receive, or otherwise acquire a targeted methamphetamine | 15 |
| precursor shall, prior to taking possession of the targeted | 16 |
| methamphetamine precursor:
| 17 |
| (1) provide a driver's license or other | 18 |
| government-issued identification showing the person's | 19 |
| name, date of birth, and photograph; and | 20 |
| (2) sign a log documenting the name and address of the | 21 |
| person, date and time of the transaction, and brand and | 22 |
| product name and total quantity distributed of ephedrine or | 23 |
| pseudoephedrine, their salts, or optical isomers, or salts | 24 |
| of optical isomers. | 25 |
| (b) Except as provided in subsection (e) of this Section, | 26 |
| no person shall knowingly purchase, receive, or otherwise | 27 |
| acquire, within any 30-day period products containing more than | 28 |
| a total of 7,500 milligrams of ephedrine or pseudoephedrine, | 29 |
| their salts or optical isomers, or salts of optical isomers.
| 30 |
| (c) Except as provided in subsections (d) and (e) of this | 31 |
| Section, no person shall knowingly purchase, receive, or | 32 |
| otherwise acquire more than 2 targeted packages in a single | 33 |
| retail transaction. |
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| (d) Except as provided in subsection (e) of this Section, | 2 |
| no person shall knowingly purchase, receive, or otherwise | 3 |
| acquire more than one convenience package from a retail | 4 |
| location other than a pharmacy counter in a 24-hour period. | 5 |
| (e) This Section shall not apply to any person who | 6 |
| purchases, receives, or otherwise acquires a targeted | 7 |
| methamphetamine precursor for the purpose of dispensing, | 8 |
| distributing, or administering it in a lawful manner described | 9 |
| in subsection (e) of Section 15 of this Act.
| 10 |
| (Source: P.A. 94-694, eff. 1-15-06.) | 11 |
| (720 ILCS 648/25) | 12 |
| Sec. 25. Pharmacies. | 13 |
| (a) No targeted methamphetamine precursor may be knowingly | 14 |
| distributed through a pharmacy, including a pharmacy located | 15 |
| within, owned by, operated by, or associated with a retail | 16 |
| distributor unless all terms of this Section are satisfied. | 17 |
| (b) Any targeted methamphetamine precursor other than a | 18 |
| convenience package or a liquid, including but not limited to | 19 |
| any targeted methamphetamine precursor in liquid-filled | 20 |
| capsules,
The targeted methamphetamine precursor shall: (1) be | 21 |
| packaged in blister packs, with each blister containing not | 22 |
| more than 2 dosage units, or when the use of blister packs is | 23 |
| technically infeasible, in unit dose packets . Each targeted | 24 |
| package shall ; and
(2) contain no more than 3,000 milligrams of | 25 |
| ephedrine or pseudoephedrine, their salts or optical isomers, | 26 |
| or salts of optical isomers.
| 27 |
| (c) The targeted methamphetamine precursor shall be stored | 28 |
| behind the pharmacy counter and distributed by a pharmacist or | 29 |
| pharmacy technician licensed under the Pharmacy Practice Act of | 30 |
| 1987. | 31 |
| (d) Any retail distributor operating a pharmacy, and any | 32 |
| pharmacist or pharmacy technician involved in the transaction | 33 |
| or transactions, shall ensure that any person purchasing, |
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| receiving, or otherwise acquiring the targeted methamphetamine | 2 |
| precursor complies with subsection (a) of Section 20 of this | 3 |
| Act.
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| (e) Any retail distributor operating a pharmacy, and any | 5 |
| pharmacist or pharmacy technician involved in the transaction | 6 |
| or transactions, 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.
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| (f) 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 manner that is readily retrievable and | 23 |
| reproducible in hard-copy format. | 24 |
| (g) No retail distributor operating a pharmacy, and no | 25 |
| pharmacist or pharmacy technician, shall knowingly distribute | 26 |
| any targeted methamphetamine precursor to any person under 18 | 27 |
| years of age. | 28 |
| (h) No retail distributor operating a pharmacy, and no | 29 |
| pharmacist or pharmacy technician, shall knowingly distribute | 30 |
| to a single person in any 24-hour period more than one | 31 |
| convenience package. | 32 |
| (i) Except as provided in subsection (h) of this Section, | 33 |
| no | 34 |
| (h) No retail distributor operating a pharmacy, and no |
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| pharmacist or pharmacy technician, shall knowingly distribute | 2 |
| to a single person more than 2 targeted packages in a single | 3 |
| retail transaction. | 4 |
| (i)
(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.
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| (j) A pharmacist or pharmacy technician may distribute a | 11 |
| targeted methamphetamine precursor to a person who is without a | 12 |
| form of identification specified in paragraph (1) of subsection | 13 |
| (a) of Section 20 of this Act only if all other provisions of | 14 |
| this Act are followed and either: | 15 |
| (1) the person presents a driver's license issued | 16 |
| without a photograph by the State of Illinois pursuant to | 17 |
| the Illinois Administrative Code, Title 92, Section | 18 |
| 1030.90(b)(1) or 1030.90(b)(2); or | 19 |
| (2) the person is known to the pharmacist or pharmacy | 20 |
| technician, the person presents some form of | 21 |
| identification, and the pharmacist or pharmacy technician | 22 |
| reasonably believes that the targeted methamphetamine | 23 |
| precursor will be used for a legitimate medical purpose and | 24 |
| not to manufacture methamphetamine.
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| (k) When a pharmacist or pharmacy technician distributes a | 26 |
| targeted methamphetamine precursor to a person according to the | 27 |
| procedures set forth in this Act, and the pharmacist or | 28 |
| pharmacy technician does not have access to a working cash | 29 |
| register at the pharmacy counter, the pharmacist or pharmacy | 30 |
| technician may instruct the person to pay for the targeted | 31 |
| methamphetamine precursor at a cash register located elsewhere | 32 |
| in the retail establishment, whether that register is operated | 33 |
| by a pharmacist, pharmacy technician, or other employee or | 34 |
| agent of the retail establishment.
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LRB094 15742 RLC 57326 a |
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| (Source: P.A. 94-694, eff. 1-15-06.) | 2 |
| (720 ILCS 648/35) | 3 |
| Sec. 35. Retail distributors; training requirements. | 4 |
| (a) Every retail distributor of any targeted | 5 |
| methamphetamine precursor shall train each sales employee on | 6 |
| the topics listed on the certification form described in | 7 |
| subsection (b) of this Section. This training may be conducted | 8 |
| by a live trainer or by means of a computer-based training | 9 |
| program. This training shall be completed within 30 days of the | 10 |
| effective date of this Act or within 30 days of the date that | 11 |
| each sales employee begins working for the retail distributor, | 12 |
| whichever of these 2 dates comes later. | 13 |
| (b) Immediately after training each sales employee as | 14 |
| required in subsection (a) of this Section, every retail | 15 |
| distributor of any targeted methamphetamine precursor shall | 16 |
| have each sales employee read, sign, and date a certification | 17 |
| containing the following language: | 18 |
| (1) My name is (insert name of employee) and I am an
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| employee of (insert name of business) at (insert street | 20 |
| address).
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| (2) I understand that in Illinois there are laws
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| governing the sale of certain over-the-counter medications | 23 |
| that contain a chemical called ephedrine or a second | 24 |
| chemical called pseudoephedrine. Medications that are | 25 |
| subject to these laws are called "targeted methamphetamine | 26 |
| precursors".
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| (3) I understand that "targeted methamphetamine | 28 |
| precursors" can be
used to manufacture the illegal and | 29 |
| dangerous drug methamphetamine and that methamphetamine is | 30 |
| causing great harm to individuals, families, communities, | 31 |
| the economy, and the environment throughout Illinois.
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| (4) I understand that under Illinois law, unless they | 33 |
| are at a pharmacy counter, customers can only purchase |
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| small "convenience packages" of "targeted methamphetamine | 2 |
| precursors".
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| (5) I understand that under Illinois law, customers can | 4 |
| only purchase these "convenience packages" if they are 18 | 5 |
| years of age or older, show identification, and sign a log | 6 |
| according to procedures that have been described to me. | 7 |
| (6) I understand that under Illinois law, I cannot
sell | 8 |
| more than one "convenience package" to a single customer in | 9 |
| one 24-hour period.
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| (7) I understand that under Illinois law, I cannot sell | 11 |
| "targeted methamphetamine precursors" to a person if I know | 12 |
| that the person is going to use them to make | 13 |
| methamphetamine. | 14 |
| (8) I understand that there are a number of
ingredients | 15 |
| that are used to make the illegal drug methamphetamine, | 16 |
| including "targeted methamphetamine precursors" sold in | 17 |
| "convenience packages". My employer has shown me a list of | 18 |
| these various ingredients, and I have reviewed the list.
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| (9) I understand that there are certain procedures
that | 20 |
| I should follow if I suspect that a store customer is | 21 |
| purchasing "targeted methamphetamine precursors" or other | 22 |
| products for the purpose of manufacturing methamphetamine. | 23 |
| These procedures have been described to me, and I | 24 |
| understand them.
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| (c) A certification form of the type described in | 26 |
| subsection (b) of this Section may be signed with a handwritten | 27 |
| signature or an electronic signature that includes a unique | 28 |
| identifier for each employee. The certification shall be | 29 |
| retained by the retail distributor for each sales employee for | 30 |
| the duration of his or her employment and for at least 30 days | 31 |
| following the end of his or her employment. Any such form shall | 32 |
| be made available for inspection and copying by any law | 33 |
| enforcement officer upon request of that officer. These records | 34 |
| may be kept in electronic format if they include all the |
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| information specified in this Section in a manner that is | 2 |
| readily retrievable and reproducible in hard-copy format. | 3 |
| (d) The Office of the Illinois Attorney General shall make | 4 |
| available to retail distributors the list of methamphetamine | 5 |
| ingredients referred to in subsection (b) of this Section.
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| (e) The training requirements set forth in this Section | 7 |
| apply to the distribution of convenience packages away from | 8 |
| pharmacy counters as set forth in Section 30 of this Act but do | 9 |
| not apply to the distribution of targeted methamphetamine | 10 |
| precursors through a pharmacy as set forth in Section 25 of | 11 |
| this Act.
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| (Source: P.A. 94-694, eff. 1-15-06.) | 13 |
| (720 ILCS 648/60 new)
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| Sec. 60. Severability. The provisions of this Act are | 15 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 97. Severability. The provisions of this Act are | 17 |
| severable under Section 1.31 of the Statute on Statutes.".
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