Full Text of SB0030 95th General Assembly
SB0030 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0030
Introduced 1/31/2007, by Sen. David Luechtefeld SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Controlled Substances Act. Requires the Department of Human Services to establish an electronic system for
monitoring Schedules II, III, IV, and V controlled substances that are dispensed
within the State by a practitioner or pharmacist or dispensed to an
address within the State by a pharmacy that has obtained a license,
permit, or other authorization to operate from the Department of Financial and Professional Regulation. Provides that every dispenser within the State or any other dispenser who has obtained
a license, permit, or other authorization to operate from the Department of Financial and Professional Regulation shall report to the Department specified data
in a timely manner as prescribed by the Department except that
reporting shall not be required for a drug administered directly to a patient or
a drug dispensed by a practitioner at a facility licensed by the Department
provided that the quantity dispensed is limited to an amount adequate to treat
the patient for a maximum of 48 hours. Provides that data for each controlled substance that is dispensed shall include but not be limited
to:
patient identifier;
drug dispensed;
date of dispensing;
quantity dispensed;
prescriber; and
dispenser. Provides that the Department of Human Services shall submit an application to the United States
Department of Justice for a drug diversion grant to fund a pilot project to study a
real-time electronic monitoring system for Schedules II, III, IV, and V controlled
substances. Repeals provisions establishing the Schedule II controlled substance prescription monitoring program. Makes other changes. Effective January 1, 2008.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB0030 |
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LRB095 04252 RLC 24293 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Controlled Substances Act is | 5 |
| amended by changing Sections 313 and 406 and adding Section | 6 |
| 316.5 as follows:
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| (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
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| Sec. 313. (a) Controlled substances which are lawfully | 9 |
| administered in
hospitals or institutions licensed under the | 10 |
| "Hospital Licensing Act" shall
be exempt from the requirements | 11 |
| of Sections 312 and 316 except
that the
prescription for the | 12 |
| controlled substance shall be in writing on the
patient's | 13 |
| record, signed by the prescriber, dated, and shall state the
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| name, and quantity of controlled substances ordered and the | 15 |
| quantity
actually administered. The records of such | 16 |
| prescriptions shall be
maintained for two years and shall be | 17 |
| available for inspection by officers
and employees of the | 18 |
| Department of State Police, and the Department of
Professional | 19 |
| Regulation.
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| (b) Controlled substances that can lawfully be | 21 |
| administered or dispensed
directly to a patient in a long-term | 22 |
| care facility licensed by the Department
of Public Health as a | 23 |
| skilled nursing facility, intermediate care facility, or
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LRB095 04252 RLC 24293 b |
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| long-term care facility for residents under 22 years of age, | 2 |
| are exempt from
the requirements of Section 312 except that a | 3 |
| prescription
for a
Schedule II controlled substance must be | 4 |
| either a written prescription signed
by the prescriber or a | 5 |
| written prescription transmitted by the prescriber or
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| prescriber's agent to the dispensing pharmacy by facsimile. The
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| facsimile serves as the original prescription and must be | 8 |
| maintained for 2
years from the date of issue in the same | 9 |
| manner as a written prescription
signed by the prescriber.
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| (c) A prescription that is written for a Schedule II | 11 |
| controlled substance
to be compounded for direct | 12 |
| administration by parenteral, intravenous,
intramuscular, | 13 |
| subcutaneous, or intraspinal infusion to a patient in a private
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| residence, long-term care facility, or hospice setting may be | 15 |
| transmitted by
facsimile by the prescriber or the prescriber's | 16 |
| agent to the pharmacy providing
the home infusion services. The | 17 |
| facsimile serves as the original written
prescription for | 18 |
| purposes of this paragraph (c) and it shall be maintained in
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| the same manner as the original written prescription.
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| (c-1) A prescription written for a Schedule II controlled | 21 |
| substance for a
patient residing in a hospice certified by | 22 |
| Medicare under Title XVIII of the
Social Security Act or
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| licensed by the State may be transmitted by the practitioner or | 24 |
| the
practitioner's
agent to the dispensing pharmacy by | 25 |
| facsimile. The practitioner or
practitioner's
agent must note | 26 |
| on the prescription that the patient is a hospice patient. The
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| facsimile serves as the original written prescription for | 2 |
| purposes of this
paragraph (c-1) and it shall be maintained in | 3 |
| the same manner as the original
written prescription.
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| (d) Controlled substances which are lawfully administered
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| and/or dispensed
in drug abuse treatment programs licensed by | 6 |
| the Department shall be exempt
from the requirements of | 7 |
| Sections 312 and 316.5
316 , except that the
prescription
for | 8 |
| such controlled substances shall be issued and authenticated
on | 9 |
| official prescription logs prepared and supplied by the | 10 |
| Department.
The official prescription logs issued by the | 11 |
| Department shall be printed
in triplicate on distinctively | 12 |
| marked paper and furnished to programs at
reasonable cost. The | 13 |
| official prescription logs furnished to the programs
shall | 14 |
| contain, in preprinted form, such information as the Department | 15 |
| may
require. The official prescription logs shall be properly | 16 |
| endorsed by a
physician licensed to practice medicine in all | 17 |
| its branches issuing the
order, with his own signature and the | 18 |
| date of
ordering, and further endorsed by the practitioner | 19 |
| actually administering
or dispensing the dosage at the time of | 20 |
| such administering or dispensing in
accordance with | 21 |
| requirements issued by the Department. The duplicate copy
shall | 22 |
| be retained by the program for a period of not less than three | 23 |
| years
nor more than seven years; the original and triplicate | 24 |
| copy shall be
returned to the Department at its principal | 25 |
| office in accordance with
requirements set forth by the | 26 |
| Department.
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LRB095 04252 RLC 24293 b |
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| (Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)
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| (720 ILCS 570/316.5 new) | 3 |
| Sec. 316.5. Electronic system for monitoring controlled | 4 |
| substances.
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| (a) The Department shall establish an electronic system for
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| monitoring Schedules II, III, IV, and V controlled substances | 7 |
| that are dispensed
within the State by a practitioner or | 8 |
| pharmacist or dispensed to an
address within the State by a | 9 |
| pharmacy that has obtained a license,
permit, or other | 10 |
| authorization to operate from the Department of Financial and | 11 |
| Professional Regulation. | 12 |
| (b) A practitioner or a pharmacist shall not have to pay a | 13 |
| fee or tax specifically
dedicated to the operation of the | 14 |
| system. | 15 |
| (c) Every dispenser within the State or any other dispenser | 16 |
| who has obtained
a license, permit, or other authorization to | 17 |
| operate from the Department of Financial and Professional | 18 |
| Regulation shall report to the Department the data
required by | 19 |
| this Section in a timely manner as prescribed by the Department | 20 |
| except that
reporting shall not be required for:
(1) a drug | 21 |
| administered directly to a patient; or
(2) a drug dispensed by | 22 |
| a practitioner at a facility licensed by the Department
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| provided that the quantity dispensed is limited to an amount | 24 |
| adequate to treat
the patient for a maximum of 48 hours. | 25 |
| (d) Data for each controlled substance that is dispensed |
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| shall include but not be limited
to the following:
(1) patient | 2 |
| identifier;
(2) drug dispensed;
(3) date of dispensing;
(4) | 3 |
| quantity dispensed;
(5) prescriber; and
(6) dispenser. | 4 |
| (e) The data shall be provided in the electronic format | 5 |
| specified by the Department unless a waiver has been granted by | 6 |
| the Department to an
individual dispenser. The Department shall | 7 |
| establish acceptable error tolerance rates for
data. | 8 |
| Dispensers shall ensure that reports fall within these | 9 |
| tolerances. Incomplete or
inaccurate data shall be corrected | 10 |
| upon notification by the Department if the dispenser
exceeds | 11 |
| these error tolerance rates. | 12 |
| (f) The Department shall be authorized to provide data to:
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| (1) a designated representative of the Department of Financial | 14 |
| and Professional Regulation who
is involved in a bona fide | 15 |
| specific investigation involving a designated person;
(2) an | 16 |
| Illinois peace officer, a
certified or full-time peace officer | 17 |
| of another state, or a federal peace officer
whose duty is to | 18 |
| enforce the laws of this State, of another state, or
of the | 19 |
| United States relating to drugs and who is engaged in a bona | 20 |
| fide
specific investigation involving a designated person;
(3) | 21 |
| a state-operated Medicaid program;
(4) a properly convened | 22 |
| grand jury pursuant to a subpoena properly issued for the
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| records;
(5) a practitioner or pharmacist who requests | 24 |
| information and certifies that the
requested information is for | 25 |
| the purpose of providing medical or
pharmaceutical treatment to | 26 |
| a bona fide current patient;
(6) in addition to the purposes |
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| authorized under paragraph (1) of this subsection,
the | 2 |
| Department of Financial and Professional Regulation, for any | 3 |
| physician who is:
(i) associated in a partnership or other | 4 |
| business entity with a physician who
is already under | 5 |
| investigation by the Department of Financial and Professional | 6 |
| Regulation for
improper prescribing practices;
(ii) in a | 7 |
| designated geographic area for which a trend report indicates a
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| substantial likelihood that inappropriate prescribing may be | 9 |
| occurring;
or
(iii) in a designated geographic area for which a | 10 |
| report on another physician
in that area indicates a | 11 |
| substantial likelihood that inappropriate
prescribing may be | 12 |
| occurring in that area;
(7) in addition to the purposes | 13 |
| authorized under paragraph (1) of this subsection,
the | 14 |
| Department of Financial and Professional Regulation, for any | 15 |
| advanced practice nurse who is:
(i) associated in a partnership | 16 |
| or other business entity with a physician who
is already under | 17 |
| investigation by the Department of Financial and Professional | 18 |
| Regulation for improper prescribing practices;
(ii) associated | 19 |
| in a partnership or other business entity with an advanced
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| practice nurse practitioner who is already under investigation | 21 |
| by the
Department of Financial and Professional Regulation for | 22 |
| improper prescribing practices;
(iii) in a designated | 23 |
| geographic area for which a trend report indicates a
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| substantial likelihood that inappropriate prescribing may be | 25 |
| occurring;
or
(iv) in a designated geographic area for which a | 26 |
| report on a physician or
another advanced practice nurse |
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| practitioner in that area indicates a
substantial likelihood | 2 |
| that inappropriate prescribing may be occurring in
that area; | 3 |
| or
(8) a judge or a probation officer or parole agent | 4 |
| administering a diversion or probation
program of a criminal | 5 |
| defendant arising out of a violation of this Act or of
a | 6 |
| criminal defendant who is documented by the court as a | 7 |
| substance abuser
who is eligible to participate in a | 8 |
| court-ordered drug diversion or probation
program. | 9 |
| (g) The Department of Healthcare and Family Services may | 10 |
| use any data or reports from the system
for the purpose of | 11 |
| identifying Medicaid recipients whose usage of controlled
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| substances may be appropriately managed by a single outpatient | 13 |
| pharmacy or
primary care physician. | 14 |
| (h) A person who receives data or any report of the system | 15 |
| from the Department shall not
provide it to any other person or | 16 |
| entity except by order of a court of competent
jurisdiction, | 17 |
| except that:
(1) a peace officer specified in paragraph (f)(2) | 18 |
| of this Section who is authorized
to receive data or a report | 19 |
| may share that information with other peace officers
specified | 20 |
| in paragraph (f)(2) of this Section authorized to receive data | 21 |
| or a
report if the peace officers specified in paragraph (f)(2) | 22 |
| of this Section are
working on a bona fide specific | 23 |
| investigation involving a designated person.
Both the person | 24 |
| providing and the person receiving the data or report under
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| this subsection shall document in writing each person to whom | 26 |
| the data or
report has been given or received and the day, |
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| month, and year that the data or
report has been given or | 2 |
| received. This document shall be maintained in a file
by each | 3 |
| law enforcement agency engaged in the investigation; and
(2) a | 4 |
| representative of the Department of Healthcare and Family | 5 |
| Services may share data or
reports regarding overutilization by | 6 |
| Medicaid recipients with the Department of Financial and | 7 |
| Professional Regulation or with a law enforcement
officer | 8 |
| designated in paragraph (f)(2) of this Section; and
(3) the | 9 |
| Department of Healthcare and Family Services may submit the | 10 |
| data as evidence in an
administrative hearing held in | 11 |
| accordance with the Illinois Administrative Procedure Act. | 12 |
| (i) The Department, all peace officers specified in
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| paragraph (f)(2) of this Section, all officers of the court, | 14 |
| and all regulatory agencies
and officers, in using the data for | 15 |
| investigative or prosecution purposes, shall
consider the | 16 |
| nature of the prescriber's and dispenser's practice and the | 17 |
| condition for
which the patient is being treated. | 18 |
| (j) The data and any report obtained therefrom shall not be | 19 |
| a public record, except that
the Department of Healthcare and | 20 |
| Family Services may submit the data as evidence in an
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| administrative hearing held in accordance with the Illinois | 22 |
| Administrative Procedure Act. | 23 |
| (k) Knowing failure by a dispenser to transmit data to the | 24 |
| Department as required by
subsection (c), (d), or (e) of this | 25 |
| Section is a Class A misdemeanor. | 26 |
| (l) Knowing disclosure of transmitted data to a person not |
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| authorized by subsections (f)
to (h) of this Section or | 2 |
| authorized by the Pharmacy Practice Act of 1987, or obtaining
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| information under this Section not relating to a bona fide | 4 |
| specific investigation, is a Class 4 felony. | 5 |
| (m) The Department shall submit an application to the | 6 |
| United States
Department of Justice for a drug diversion grant | 7 |
| to fund a pilot project to study a
real-time electronic | 8 |
| monitoring system for Schedules II, III, IV, and V controlled
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| substances. The pilot project shall:
(1) be conducted in 2 | 10 |
| rural counties that have an interactive real-time
electronic | 11 |
| information system in place for monitoring patient utilization | 12 |
| of
health and social services through a federally funded | 13 |
| community access
program; and
(2) study the use of an | 14 |
| interactive system that includes a relational data base with
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| query capability. | 16 |
| (n) Provisions in this Section that relate to data | 17 |
| collection, disclosure, access, and
penalties shall apply to | 18 |
| the pilot project authorized under subsection (m) of this
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| Section. | 20 |
| (o) The Department may limit the length of time that data
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| remain in the electronic system. Any data removed from the | 22 |
| system shall be
archived and subject to retrieval within a | 23 |
| reasonable time after a request from a
person authorized to | 24 |
| review data under this Section. | 25 |
| (p)(1) The Department shall work with the Department of | 26 |
| Financial and Professional Regulation for the development of a |
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| continuing education
program about the purposes and uses of the | 2 |
| electronic system for monitoring
established in this Section. | 3 |
| (2) The Attorney General shall work with the Illinois State | 4 |
| Bar Association for the
development of a continuing education | 5 |
| program for attorneys about the
purposes and uses of the | 6 |
| electronic system for monitoring established in this
Section. | 7 |
| (3) The Department shall work with the Illinois Law | 8 |
| Enforcement Training Standards Board for the development of a
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| continuing education program for law enforcement officers | 10 |
| about the purposes
and users of the electronic system for | 11 |
| monitoring established in this Section.
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| (720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
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| Sec. 406. (a) It is unlawful for any person:
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| (1) who is subject to Article III knowingly to | 15 |
| distribute or dispense
a controlled substance in violation | 16 |
| of Sections 308 through 314 of this Act; or
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| (2) who is a registrant, to manufacture a controlled | 18 |
| substance not
authorized by his registration, or to | 19 |
| distribute or dispense a controlled
substance not | 20 |
| authorized by his registration to another registrant or | 21 |
| other
authorized person; or
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| (3) to refuse or fail to make, keep or furnish any | 23 |
| record, notification,
order form, statement, invoice or | 24 |
| information required under this Act; or
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| (4) to refuse an entry into any premises for any |
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| inspection authorized by
this Act; or
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| (5) knowingly to keep or maintain any store, shop, | 3 |
| warehouse, dwelling,
building, vehicle, boat, aircraft, or | 4 |
| other structure or place, which is
resorted to by a person | 5 |
| unlawfully possessing controlled substances, or
which is | 6 |
| used for possessing, manufacturing, dispensing or | 7 |
| distributing
controlled substances in violation of this | 8 |
| Act.
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| Any person who violates this subsection (a) is guilty of a | 10 |
| Class A
misdemeanor for the first offense and a Class 4 felony | 11 |
| for each subsequent
offense. The fine for each subsequent | 12 |
| offense shall not be more than
$100,000. In addition, any | 13 |
| practitioner who is found guilty of violating
this subsection | 14 |
| (a) is subject to suspension and revocation of his
professional | 15 |
| license, in accordance with such procedures as are provided by
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| law for the taking of disciplinary action with regard to the | 17 |
| license of
said practitioner's profession.
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| (b) It is unlawful for any person knowingly:
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| (1) to distribute, as a registrant, a controlled | 20 |
| substance classified
in Schedule I or II, except pursuant | 21 |
| to an order form as required by Section
307 of this Act; or
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| (2) to use, in the course of the manufacture or | 23 |
| distribution of a
controlled
substance, a registration | 24 |
| number which is fictitious, revoked, suspended,
or issued | 25 |
| to another person; or
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| (3) to acquire or obtain possession of a controlled |
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| substance by
misrepresentation, fraud, forgery, deception | 2 |
| or subterfuge; or
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| (4) to furnish false or fraudulent material | 4 |
| information in, or omit any
material information from, any | 5 |
| application, report or other document required
to be kept | 6 |
| or filed under this Act, or any record required to be kept | 7 |
| by
this Act; or
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| (5) to make, distribute or possess any punch, die, | 9 |
| plate, stone or other
thing designed to print, imprint or | 10 |
| reproduce the trademark, trade name
or other identifying | 11 |
| mark, imprint or device of another, or any likeness
of any | 12 |
| of the foregoing, upon any controlled substance or | 13 |
| container or labeling
thereof so as to render the drug a | 14 |
| counterfeit substance; or
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| (6) to possess without authorization, blank | 16 |
| prescription forms
or counterfeit prescription forms; or
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| (7) (Blank).
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| Any person who violates this subsection (b) is guilty of a | 19 |
| Class 4 felony
for the first offense and a Class 3 felony for | 20 |
| each subsequent offense.
The fine for the first offense shall | 21 |
| be not more than $100,000. The fine
for each subsequent offense | 22 |
| shall not be more than $200,000.
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| (c) (Blank)
A person who knowingly or intentionally | 24 |
| violates Section 316, 317, 318,
or 319 is guilty of a Class A | 25 |
| misdemeanor .
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| (Source: P.A. 91-576, eff. 4-1-00.)
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LRB095 04252 RLC 24293 b |
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| (720 ILCS 570/316 rep.)
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| (720 ILCS 570/317 rep.) | 3 |
| (720 ILCS 570/318 rep.) | 4 |
| (720 ILCS 570/319 rep.) | 5 |
| (720 ILCS 570/320 rep.) | 6 |
| Section 10. The Illinois Controlled Substances Act is | 7 |
| amended by repealing Sections 316, 317, 318, 319, and 320.
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| Section 99. Effective date. This Act takes effect January | 9 |
| 1, 2008.
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INDEX
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|
Statutes amended in order of appearance
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| 720 ILCS 570/313 |
from Ch. 56 1/2, par. 1313 |
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| 720 ILCS 570/316.5 new |
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| 720 ILCS 570/406 |
from Ch. 56 1/2, par. 1406 |
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| 720 ILCS 570/316 rep. |
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| 720 ILCS 570/317 rep. |
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| 720 ILCS 570/318 rep. |
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| 720 ILCS 570/319 rep. |
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| 720 ILCS 570/320 rep. |
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