Full Text of SB1944 100th General Assembly
SB1944enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Hypodermic Syringes and Needles Act is | 5 | | amended by changing Sections 1, 2, 2.5, and 5 as follows:
| 6 | | (720 ILCS 635/1) (from Ch. 38, par. 22-50)
| 7 | | Sec. 1. Possession of hypodermic syringes and needles.
| 8 | | (a) Except as provided in subsection (b), no person, not | 9 | | being a
physician,
dentist, chiropodist or
veterinarian | 10 | | licensed under the laws of this State or of the state where he
| 11 | | resides, or a registered professional nurse, or a registered | 12 | | embalmer,
manufacturer or dealer in embalming supplies, | 13 | | wholesale druggist,
manufacturing pharmacist, registered | 14 | | pharmacist, manufacturer of surgical
instruments, industrial | 15 | | user, official of any government having possession
of the | 16 | | articles hereinafter mentioned by reason of his or her official | 17 | | duties,
nurse or a medical laboratory technician acting under | 18 | | the direction of a
physician or dentist, employee of an | 19 | | incorporated hospital acting under the
direction of its | 20 | | superintendent or officer in immediate charge, or a
carrier or | 21 | | messenger engaged in the transportation of the such articles, | 22 | | or the
holder of a permit issued under Section 5 of this Act, | 23 | | or a farmer
engaged in the use of the such instruments on |
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| 1 | | livestock, or a person engaged in
chemical, clinical, | 2 | | pharmaceutical or other scientific research, shall have
in his | 3 | | or her possession a hypodermic syringe, hypodermic needle, or | 4 | | any
instrument adapted for the use of controlled substances or | 5 | | cannabis by
subcutaneous injection.
| 6 | | (b) A person who is at least 18 years of age may purchase | 7 | | from a pharmacy
and have in his or her possession up to 100 20
| 8 | | hypodermic
syringes or needles.
| 9 | | (Source: P.A. 93-392, eff. 7-25-03.)
| 10 | | (720 ILCS 635/2) (from Ch. 38, par. 22-51)
| 11 | | Sec. 2. Sale of hypodermic syringes and needles.
| 12 | | (a) Except
as provided in subsection (b), no such syringe, | 13 | | needle or instrument shall
be delivered or sold
to, or | 14 | | exchanged with, any person except a registered pharmacist,
| 15 | | physician, dentist, veterinarian, registered embalmer, | 16 | | manufacturer or
dealer in embalming supplies, wholesale | 17 | | druggist, manufacturing pharmacist,
industrial user, a nurse | 18 | | upon the written order of a physician or dentist,
the holder of | 19 | | a permit issued under Section 5 of this Act, a registered
| 20 | | chiropodist, or an employee of an incorporated hospital upon | 21 | | the written
order of its superintendent or officer in immediate | 22 | | charge; provided that
the provisions of this Act shall not | 23 | | prohibit the sale, possession or use
of hypodermic syringes or | 24 | | hypodermic needles for treatment of livestock or
poultry by the | 25 | | owner or keeper thereof or a person engaged in chemical,
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| 1 | | clinical, pharmaceutical or other scientific research.
| 2 | | (b) A pharmacist may sell up to 100 20 sterile hypodermic | 3 | | syringes or needles
to a person
who is
at least 18 years of | 4 | | age.
A syringe or needle sold under this subsection
(b) must be
| 5 | | stored at a
pharmacy
and in a manner that limits access to the | 6 | | syringes or needles to pharmacists
employed at
the
pharmacy and | 7 | | any persons designated by the pharmacists. A syringe or
needle | 8 | | sold
at a
pharmacy under this subsection (b) may be sold only | 9 | | from the pharmacy
department
of the pharmacy.
| 10 | | (Source: P.A. 93-392, eff. 7-25-03.)
| 11 | | (720 ILCS 635/2.5)
| 12 | | Sec. 2.5. Guidelines Educational materials; guidelines for | 13 | | disposal.
| 14 | | (a) (Blank). The Illinois Department of Public Health must | 15 | | develop educational
materials and make copies of the | 16 | | educational materials available to
pharmacists. Pharmacists | 17 | | must make these educational materials available to
persons who
| 18 | | purchase syringes and needles as authorized under subsection | 19 | | (b) of
Section 1. The
educational materials must include | 20 | | information regarding safer injection, HIV
prevention, syringe | 21 | | and needle disposal, and drug treatment.
| 22 | | (b) The Illinois Department of Public Health must create | 23 | | guidelines to
advise
local health departments on implementing | 24 | | syringe and needle disposal policies
that
are consistent with | 25 | | or more stringent than any available guidelines
regarding |
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| 1 | | disposal for home health care products provided by the United | 2 | | States
Environmental Protection Agency.
| 3 | | (Source: P.A. 93-392, eff. 7-25-03.)
| 4 | | (720 ILCS 635/5) (from Ch. 38, par. 22-54)
| 5 | | Sec. 5. Prescriptions. | 6 | | (a) As used in this Section, "prescriber" has the meaning | 7 | | ascribed to it in Section 102 of the Illinois Controlled | 8 | | Substances Act. | 9 | | (b) Except as provided under Section 2, a prescriber | 10 | | licensed
physician may direct a
patient
under
his or her | 11 | | immediate
charge to have in possession any of the instruments | 12 | | specified in Sections 1
and 2 which may be dispensed by a | 13 | | registered pharmacist or assistant
registered pharmacist in | 14 | | this state only (1) upon a written prescription of the | 15 | | prescriber such physician , or (2) upon an oral or electronic | 16 | | order of the prescriber such physician , which order is
reduced | 17 | | promptly to writing and filed by the pharmacist, or (3) by
| 18 | | refilling any such written , or oral , or electronic prescription | 19 | | if the such refilling is
authorized by the prescriber either in | 20 | | the original prescription or by oral
order which is reduced | 21 | | promptly to writing and filed by the pharmacist in
the same | 22 | | manner and under the same conditions as any other prescription
| 23 | | issued by a practitioner licensed by law to write | 24 | | prescriptions, or (4)
upon a signed statement of a patient,
| 25 | | upon proper
identification, stating
that the prescriptions or |
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| 1 | | instruments specified in Sections 1 and 2 were
lost or broken, | 2 | | as the case may be, the name and address of the prescriber,
the | 3 | | name and address of the patient and the purpose for which the
| 4 | | prescription was ordered. The Such
written , or oral , or | 5 | | electronic prescriptions when reduced to writing for | 6 | | instruments
specified in Sections 1 and 2 shall contain the | 7 | | date of the such prescription,
the name and address of the | 8 | | prescriber, the name and address of the
patient, the purpose | 9 | | for which the prescription is ordered, the date when
dispensed | 10 | | and by whom dispensed.
| 11 | | Provided, however, that a licensed physician or other | 12 | | allied medical
practitioner, authorized by the laws of the | 13 | | State of Illinois to prescribe
or administer controlled | 14 | | substances or cannabis to humans or animals, may
authorize any | 15 | | person or the owner of any animal, to purchase and have in
his | 16 | | or her possession any of the instruments specified in Sections | 17 | | 1 and 2, which
may be sold to him without a specific written , | 18 | | or oral , or electronic prescription or
order, by any person | 19 | | authorized by the laws of the State of Illinois to
sell and | 20 | | dispense controlled substances or cannabis, if the such | 21 | | authorization
is in the form of a certificate giving the name | 22 | | and address of the such
licensed physician or other allied | 23 | | medical practitioner, the name, address
and signature of the | 24 | | person, or of the owner of the animal, so authorized,
the | 25 | | purpose or reason of the such authorization, and the date of | 26 | | the such
certificate and in that event, no other prescription, |
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| 1 | | writing or record
shall be required to authorize the possession | 2 | | or sale of the such instruments.
| 3 | | (Source: P.A. 93-392, eff. 7-25-03.)
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