Full Text of HB0813 95th General Assembly
HB0813eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning health.
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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 1. Short title. This Act may be cited as the Cancer | 5 |
| Drug Repository Program Act. | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Cancer drug" means a prescription drug that is used to | 8 |
| treat any of the following: | 9 |
| (1) Cancer or side effects of cancer. | 10 |
| (2) The side effects of any prescription drug that is | 11 |
| used to treat cancer or side effects of cancer. | 12 |
| "Department" means the Department of Public Health. | 13 |
| "Dispense" has the meaning given to that term in the | 14 |
| Pharmacy Practice Act of 1987. | 15 |
| "Pharmacist" means an individual licensed to engage in the | 16 |
| practice of pharmacy under the Pharmacy Practice Act of 1987. | 17 |
| "Pharmacy" means a pharmacy registered in this State under | 18 |
| the Pharmacy Practice Act of 1987. | 19 |
| "Practitioner" means a person licensed in this State to | 20 |
| prescribe and administer drugs or licensed in another state and | 21 |
| recognized by this State as a person authorized to prescribe | 22 |
| and administer drugs. | 23 |
| "Prescription drug" means any prescribed drug that may be |
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| legally dispensed by a pharmacy. | 2 |
| "Program" means the cancer drug repository program | 3 |
| established under this Act. | 4 |
| Section 10. Cancer drug repository program. The Department | 5 |
| shall establish and maintain a cancer drug repository program, | 6 |
| under which any person may donate a cancer drug or supplies | 7 |
| needed to administer a cancer drug for use by an individual who | 8 |
| meets eligibility criteria specified by the Department in | 9 |
| rules. Donations may be made on the premises of a pharmacy that | 10 |
| elects to participate in the program and meets requirements | 11 |
| specified by the Department in rules. The pharmacy may charge | 12 |
| an individual who receives a cancer drug or supplies needed to | 13 |
| administer a cancer drug under this Act a handling fee that may | 14 |
| not exceed the amount specified by the Department in rules. A | 15 |
| pharmacy that receives a donated cancer drug or supplies needed | 16 |
| to administer a cancer drug under this Act may distribute the | 17 |
| cancer drug or supplies to another eligible pharmacy for use | 18 |
| under the program.
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| Section 15. Requirements for accepting and dispensing | 20 |
| cancer drugs and supplies. A cancer drug or supplies needed to | 21 |
| administer a cancer drug may be accepted and dispensed under | 22 |
| the program only if all of the following requirements are met:
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| (1) The cancer drug or supplies needed to administer a | 24 |
| cancer drug are in their original, unopened, sealed, and |
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| tamper-evident unit-dose packaging or, if packaged in | 2 |
| single-unit doses, the single-unit-dose packaging is | 3 |
| unopened.
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| (2) The cancer drug bears an expiration date that is | 5 |
| later than 6 months after the date that the drug was | 6 |
| donated.
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| (3) The cancer drug or supplies needed to administer a | 8 |
| cancer drug are not adulterated or misbranded, as | 9 |
| determined by a pharmacist employed by, or under contract | 10 |
| with, the pharmacy where the drug or supplies are accepted | 11 |
| or dispensed. The pharmacist must inspect the drug or | 12 |
| supplies before the drug or supplies are dispensed.
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| (4) The cancer drug or supplies needed to administer a | 14 |
| cancer drug are prescribed by a practitioner for use by an | 15 |
| eligible individual.
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| Section 20. Resale of donated drugs or supplies prohibited. | 17 |
| No cancer drug or supplies needed to administer a cancer drug | 18 |
| that are donated for use under this Act may be resold.
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| Section 25. Participation in program not required. Nothing | 20 |
| in this Act requires that a pharmacy or pharmacist participate | 21 |
| in the cancer drug repository program.
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| Section 30. Immunity. | 23 |
| (a) Unless the manufacturer's conduct is wilful and wanton, |
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| a manufacturer of a drug or supply is not subject to criminal | 2 |
| or civil liability for injury, death, or loss to a person or | 3 |
| property for matters related to the donation, acceptance, or | 4 |
| dispensing of a cancer drug or supply manufactured by the | 5 |
| manufacturer that is donated by any person under this Act.
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| (b) Unless the person's conduct is wilful and wanton, a | 7 |
| person is immune from civil liability for injury to or the | 8 |
| death of the individual to whom the cancer drug or supply is | 9 |
| dispensed and may not be found guilty of unprofessional conduct | 10 |
| for his or her acts or omissions related to donating, | 11 |
| accepting, distributing, or dispensing a cancer drug or supply | 12 |
| under this Act. | 13 |
| Section 35. Rules. The Department shall adopt all of the | 14 |
| following as rules: | 15 |
| (1) Requirements for pharmacies to accept and dispense | 16 |
| donated cancer drugs or supplies needed to administer | 17 |
| cancer drugs under this Act, including all of the | 18 |
| following:
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| (A) Eligibility criteria. | 20 |
| (B) Standards and procedures for accepting, safely | 21 |
| storing, and dispensing donated cancer drugs or | 22 |
| supplies needed to administer cancer drugs.
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| (C) Standards and procedures for inspecting | 24 |
| donated cancer drugs or supplies needed to administer | 25 |
| cancer drugs to determine whether the drugs or supplies |
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| are in their original, unopened, sealed, and | 2 |
| tamper-evident unit-dose packaging or, if packaged in | 3 |
| single-unit doses, the single-unit-dose packaging is | 4 |
| unopened.
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| (D) Standards and procedures for inspecting | 6 |
| donated cancer drugs or supplies needed to administer | 7 |
| cancer drugs to determine that the drugs or supplies | 8 |
| needed to administer cancer drugs are not adulterated | 9 |
| or misbranded.
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| (2) Eligibility criteria for individuals to receive | 11 |
| donated cancer drugs or supplies needed to administer | 12 |
| cancer drugs dispensed under the cancer drug repository | 13 |
| program. The standards shall prioritize dispensation to | 14 |
| individuals who are uninsured or indigent but must permit | 15 |
| dispensation to others if an uninsured or indigent | 16 |
| individual is unavailable.
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| (3) A means, such as an identification card, by which | 18 |
| an individual who is eligible to receive a donated cancer | 19 |
| drug or supplies needed to administer a cancer drug may | 20 |
| indicate that eligibility.
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| (4) Necessary forms for administration of the cancer | 22 |
| drug repository program, including forms for use by persons | 23 |
| that donate, accept, distribute, or dispense cancer drugs | 24 |
| or supplies needed to administer cancer drugs under the | 25 |
| program.
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| (5) The maximum handling fee that a pharmacy may charge |
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| for accepting, distributing, or dispensing donated cancer | 2 |
| drugs or supplies needed to administer cancer drugs. | 3 |
| (6) A list of cancer drugs and supplies needed to | 4 |
| administer cancer drugs, arranged by category or by | 5 |
| individual cancer drug or supply, that the cancer drug | 6 |
| repository program will accept for dispensing. | 7 |
| (7) A list of cancer drugs and supplies needed to | 8 |
| administer cancer drugs, arranged by category or by | 9 |
| individual cancer drug or supply, that the cancer drug | 10 |
| repository program will not accept for dispensing. The list | 11 |
| must include a statement that specifies the reason that the | 12 |
| drug or supplies are ineligible for donation.
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| The Department may also adopt any other rules deemed | 14 |
| necessary to implement this Act. | 15 |
| Section 90. The Pharmacy Practice Act of 1987 is amended by | 16 |
| changing Section 4 as follows:
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| (225 ILCS 85/4) (from Ch. 111, par. 4124)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 4. Exemptions. Nothing contained in any Section of | 20 |
| this Act shall
apply
to, or in any manner interfere with:
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| (a) the lawful practice of any physician licensed to | 22 |
| practice medicine in
all of its branches, dentist, podiatrist,
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| veterinarian, or therapeutically or diagnostically certified | 24 |
| optometrist within
the limits of
his or her license, or prevent |
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| him or her from
supplying to his
or her
bona fide patients
such | 2 |
| drugs, medicines, or poisons as may seem to him appropriate;
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| (b) the sale of compressed gases;
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| (c) the sale of patent or proprietary medicines and | 5 |
| household remedies
when sold in original and unbroken packages | 6 |
| only, if such patent or
proprietary medicines and household | 7 |
| remedies be properly and adequately
labeled as to content and | 8 |
| usage and generally considered and accepted
as harmless and | 9 |
| nonpoisonous when used according to the directions
on the | 10 |
| label, and also do not contain opium or coca leaves, or any
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| compound, salt or derivative thereof, or any drug which, | 12 |
| according
to the latest editions of the following authoritative | 13 |
| pharmaceutical
treatises and standards, namely, The United | 14 |
| States Pharmacopoeia/National
Formulary (USP/NF), the United | 15 |
| States Dispensatory, and the Accepted
Dental Remedies of the | 16 |
| Council of Dental Therapeutics of the American
Dental | 17 |
| Association or any or either of them, in use on the effective
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| date of this Act, or according to the existing provisions of | 19 |
| the Federal
Food, Drug, and Cosmetic Act and Regulations of the | 20 |
| Department of Health
and Human Services, Food and Drug | 21 |
| Administration, promulgated thereunder
now in effect, is | 22 |
| designated, described or considered as a narcotic,
hypnotic, | 23 |
| habit forming, dangerous, or poisonous drug;
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| (d) the sale of poultry and livestock remedies in original | 25 |
| and unbroken
packages only, labeled for poultry and livestock | 26 |
| medication;
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| (e) the sale of poisonous substances or mixture of | 2 |
| poisonous substances,
in unbroken packages, for nonmedicinal | 3 |
| use in the arts or industries
or for insecticide purposes; | 4 |
| provided, they are properly and adequately
labeled as to | 5 |
| content and such nonmedicinal usage, in conformity
with the | 6 |
| provisions of all applicable federal, state and local laws
and | 7 |
| regulations promulgated thereunder now in effect relating | 8 |
| thereto
and governing the same, and those which are required | 9 |
| under such applicable
laws and regulations to be labeled with | 10 |
| the word "Poison", are also labeled
with the word "Poison" | 11 |
| printed
thereon in prominent type and the name of a readily | 12 |
| obtainable antidote
with directions for its administration;
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| (f) the delegation of limited prescriptive authority by a | 14 |
| physician
licensed to
practice medicine in all its branches to | 15 |
| a physician assistant
under Section 7.5 of the Physician | 16 |
| Assistant Practice Act of 1987. This
delegated authority may | 17 |
| but is not required to include prescription of
Schedule III, | 18 |
| IV, or V controlled substances, as defined in Article II of the
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| Illinois Controlled Substances Act, in accordance with written | 20 |
| guidelines
under Section 7.5 of the Physician Assistant | 21 |
| Practice Act of 1987; and
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| (g) the
The delegation of limited prescriptive authority by | 23 |
| a physician
licensed to practice medicine in all its branches | 24 |
| to an advanced practice
nurse in accordance with a written | 25 |
| collaborative
agreement under Sections 15-15 and 15-20 of the | 26 |
| Nursing and Advanced
Practice Nursing Act. This delegated |
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| authority may but is not required to
include the prescription | 2 |
| of Schedule III, IV, or V controlled substances as
defined
in | 3 |
| Article II of the Illinois Controlled Substances Act ; and .
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| (h) the donation or acceptance, or the packaging, | 5 |
| repackaging, or labeling, of prescription drugs to the extent | 6 |
| permitted or required under the Cancer Drug Repository Program | 7 |
| Act.
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| (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
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| 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
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| Section 91. The Wholesale Drug Distribution Licensing Act | 11 |
| is amended by changing Section 15 as follows:
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| (225 ILCS 120/15) (from Ch. 111, par. 8301-15)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 15. Definitions. As used in this Act:
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| "Blood" means whole blood collected from a single donor and | 16 |
| processed
either for transfusion or further manufacturing.
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| "Blood component" means that part of blood separated by | 18 |
| physical or
mechanical means.
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| "Board" means the State Board of Pharmacy of the Department | 20 |
| of
Professional Regulation.
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| "Department" means the Department of Professional | 22 |
| Regulation.
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| "Director" means the Director of Professional Regulation.
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| "Drug sample" means a unit of a prescription drug that is |
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| not intended to
be sold and is intended to promote the sale of | 2 |
| the drug.
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| "Manufacturer" means anyone who is engaged in the | 4 |
| manufacturing, preparing,
propagating, compounding, | 5 |
| processing, packaging, repackaging, or labeling
of a | 6 |
| prescription drug. "Manufacturer" does not include anyone who | 7 |
| is engaged in the packaging, repackaging, or labeling of | 8 |
| prescription drugs only to the extent required under the Cancer | 9 |
| Drug Repository Program Act.
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| "Person" means and includes a natural person, partnership, | 11 |
| association or
corporation.
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| "Pharmacy distributor" means any pharmacy licensed in this | 13 |
| State or
hospital pharmacy that is engaged in the delivery or | 14 |
| distribution of
prescription drugs either to any other pharmacy | 15 |
| licensed in this State or
to any other person or entity | 16 |
| including, but not limited to, a wholesale
drug distributor | 17 |
| engaged in the delivery or distribution of prescription
drugs | 18 |
| who is involved in the actual, constructive, or attempted | 19 |
| transfer of
a drug in this State to other than the ultimate | 20 |
| consumer except as
otherwise provided for by law.
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| "Prescription drug" means any human drug required by | 22 |
| federal law or
regulation to be dispensed only by a | 23 |
| prescription, including finished
dosage forms and active | 24 |
| ingredients subject to subsection (b) of Section
503 of the | 25 |
| Federal Food, Drug and Cosmetic Act.
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| "Wholesale distribution" or "wholesale distributions" |
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| means distribution
of prescription drugs to persons other than | 2 |
| a consumer or patient, but does
not include any of the | 3 |
| following:
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| (a) Intracompany sales, defined as any transaction or | 5 |
| transfer
between any division, subsidiary, parent, or | 6 |
| affiliated or related company
under the common ownership | 7 |
| and control of a corporate entity.
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| (b) The purchase or other acquisition by a hospital or | 9 |
| other health
care entity that is a member of a group | 10 |
| purchasing organization of a drug
for its own use from the | 11 |
| group purchasing organization or from other
hospitals or | 12 |
| health care entities that are members of a group | 13 |
| organization.
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| (c) The sale, purchase, or trade of a drug or an offer | 15 |
| to sell,
purchase, or trade a drug by a charitable | 16 |
| organization described in
subsection (c)(3) of Section 501 | 17 |
| of the U.S. Internal Revenue Code of 1954
to a nonprofit | 18 |
| affiliate of the organization to the extent otherwise
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| permitted by law.
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| (d) The sale, purchase, or trade of a drug or an offer | 21 |
| to sell,
purchase, or trade a drug among hospitals or other | 22 |
| health care entities
that are under common control. For | 23 |
| purposes of this Act, "common control"
means the power to | 24 |
| direct or cause the direction of the management and
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| policies of a person or an organization, whether by | 26 |
| ownership of stock,
voting rights, contract, or otherwise.
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| (e) The sale, purchase, or trade of a drug or an offer | 2 |
| to sell,
purchase, or trade a drug for emergency medical | 3 |
| reasons. For purposes of
this Act, "emergency medical | 4 |
| reasons" include transfers of prescription
drugs by a | 5 |
| retail pharmacy to another retail pharmacy to alleviate a
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| temporary shortage.
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| (f) The sale, purchase, or trade of a drug, an offer to | 8 |
| sell, purchase,
or trade a drug, or the dispensing of a | 9 |
| drug pursuant to a prescription.
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| (g) The distribution of drug samples by manufacturers' | 11 |
| representatives
or distributors' representatives.
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| (h) The sale, purchase, or trade of blood and blood | 13 |
| components
intended for transfusion.
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| (i) The donation of prescription drugs to the extent | 15 |
| permitted under the Cancer Drug Repository Program Act.
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| "Wholesale drug distributor" means any person or entity | 17 |
| engaged in
wholesale distribution of prescription drugs, | 18 |
| including, but not limited
to, manufacturers; repackers; own | 19 |
| label distributors; jobbers; private
label distributors; | 20 |
| brokers; warehouses, including manufacturers' and
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| distributors' warehouses, chain drug warehouses, and wholesale | 22 |
| drug
warehouses; independent wholesale drug traders; and | 23 |
| retail
pharmacies that conduct wholesale distributions, | 24 |
| including, but
not limited to, any pharmacy distributor as | 25 |
| defined in this Section. A
wholesale drug distributor shall not | 26 |
| include any for hire carrier or person
or entity hired solely |
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| to transport prescription drugs.
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| (Source: P.A. 87-594.)
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| Section 92. The Senior Pharmaceutical Assistance Act is | 4 |
| amended by changing Section 10 as follows:
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| (320 ILCS 50/10)
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| Sec. 10. Definitions. In this Act:
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| "Manufacturer" includes:
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| (1) An entity that is engaged in (a) the production, | 9 |
| preparation,
propagation, compounding, conversion, or | 10 |
| processing of prescription drug
products (i) directly or | 11 |
| indirectly by extraction from substances of natural
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| origin,
(ii) independently by means of chemical synthesis, | 13 |
| or (iii) by combination of
extraction
and chemical | 14 |
| synthesis; or (b) the packaging, repackaging, labeling or
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| re-labeling, or distribution of prescription drug | 16 |
| products.
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| (2) The entity holding legal title to or possession of | 18 |
| the national
drug code number for the covered prescription | 19 |
| drug.
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| The term does not include a wholesale distributor of drugs,
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| drugstore chain organization, or retail pharmacy licensed by | 22 |
| the State. The term also does not include anyone who is engaged | 23 |
| in the packaging, repackaging, or labeling of prescription | 24 |
| drugs only to the extent required under the Cancer Drug |
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| Repository Program Act.
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| "Prescription drug" means a drug that may be dispensed only | 3 |
| upon
prescription by an authorized prescriber and that is | 4 |
| approved for safety and
effectiveness as a prescription drug | 5 |
| under Section 505 or 507 of the Federal
Food, Drug and Cosmetic | 6 |
| Act.
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| "Senior citizen" or "senior" means a person 65 years of age | 8 |
| or
older.
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| (Source: P.A. 92-594, eff. 6-27-02.)
| 10 |
| Section 93. The Illinois Food, Drug and Cosmetic Act is | 11 |
| amended by changing Section 16 as follows:
| 12 |
| (410 ILCS 620/16) (from Ch. 56 1/2, par. 516)
| 13 |
| Sec. 16. (a) The Director is hereby authorized to | 14 |
| promulgate
regulations exempting from any labeling or | 15 |
| packaging requirement of this
Act drugs and devices which are | 16 |
| (i) , in accordance with the practice of the
trade, to be | 17 |
| processed, labeled or repacked in substantial quantities at
| 18 |
| establishments other than those where originally processed or | 19 |
| packaged on
condition that such drugs and devices are not | 20 |
| adulterated or misbranded
under the provisions of this Act upon | 21 |
| removal from such processing,
labeling or repacking | 22 |
| establishment or (ii) packaged, repackaged, or labeled to the | 23 |
| extent required under the Cancer Drug Repository Program Act .
| 24 |
| (b) Drugs and device labeling or packaging exemptions |
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| adopted under the
Federal Act and supplements thereto or | 2 |
| revisions thereof shall apply to
drugs and devices in Illinois | 3 |
| except insofar as modified or rejected by
regulations | 4 |
| promulgated by the Director.
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| (c) A drug intended for use by man which (A) is a | 6 |
| habit-forming drug to
which Section 15 (d) applies; or (B) | 7 |
| because of its toxicity or other
potentiality for harmful | 8 |
| effect or the method of its use or the collateral
measures | 9 |
| necessary to its use is not safe for use except under the
| 10 |
| supervision of a practitioner licensed by law to administer | 11 |
| such drug; or
(C) is limited by an approved application under | 12 |
| Section 505 of the Federal
Act or Section 17 of this Act to use | 13 |
| under the professional supervision of
a practitioner licensed | 14 |
| by law to administer such drug, shall be dispensed
only in | 15 |
| accordance with the provisions of the "Illinois Controlled
| 16 |
| Substances Act". The act of dispensing a drug contrary to the | 17 |
| provisions of
this paragraph shall be deemed to be an act which | 18 |
| results in a drug being
misbranded while held for sale.
| 19 |
| (d) Any drug dispensed by filling or refilling a written
or | 20 |
| oral prescription of a practitioner licensed by law to | 21 |
| administer such
drug shall be exempt from the requirements of | 22 |
| Section 15, except
subsections (a), (k) and (l) and clauses (2) | 23 |
| and (3) of subsection (i), and
the packaging requirements of
| 24 |
| subsections (g), (h) and (q), if the drug bears a label | 25 |
| containing the
proprietary name or names, or if there is none, | 26 |
| the established name or
names of the drugs, the dosage and |
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| quantity, unless the prescribing
practitioner, in the interest | 2 |
| of the health of the patient, directs
otherwise in writing, the | 3 |
| name and address of the dispenser, the serial
number and date | 4 |
| of the prescription or of its filling, the name of the
| 5 |
| prescriber and, if stated in the prescription, the name of the | 6 |
| patient, and
the directions for use and the cautionary | 7 |
| statements, if any, contained in
such prescription. This | 8 |
| exemption shall not apply to any drug dispensed in
the course | 9 |
| of the conduct of business of dispensing drugs pursuant to
| 10 |
| diagnosis by mail, or to a drug dispensed in violation of | 11 |
| subsection (a) of
this Section.
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| (e) The Director may by regulation remove drugs subject to
| 13 |
| Section 15 (d) and Section 17 from the requirements of | 14 |
| subsection (c) of
this Section when such requirements are not | 15 |
| necessary for the protection of
the public health.
| 16 |
| (f) A drug which is subject to subsection (c) of this | 17 |
| Section
shall be deemed to be misbranded if at any time before | 18 |
| dispensing its label
fails to bear the statement "Caution: | 19 |
| Federal Law Prohibits Dispensing Without
Prescription" or | 20 |
| "Caution: State Law Prohibits Dispensing Without
| 21 |
| Prescription". A drug to which subsection (c) of this Section | 22 |
| does not apply
shall be deemed to be misbranded if at any time | 23 |
| prior to dispensing its
label bears the caution statement | 24 |
| quoted in the preceding sentence.
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| (g) Nothing in this Section shall be construed to relieve
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| any person from any requirement prescribed by or under |
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| authority of law
with respect to controlled substances now | 2 |
| included or which may hereafter
be included within the | 3 |
| classifications of controlled substances cannabis as
defined | 4 |
| in applicable Federal laws relating to controlled substances or
| 5 |
| cannabis or the Cannabis Control Act.
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| (Source: P.A. 84-1308.)
| 7 |
| Section 94. The Illinois Controlled Substances Act is | 8 |
| amended by changing Section 102 as follows: | 9 |
| (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 10 |
| Sec. 102. Definitions. As used in this Act, unless the | 11 |
| context
otherwise requires:
| 12 |
| (a) "Addict" means any person who habitually uses any drug, | 13 |
| chemical,
substance or dangerous drug other than alcohol so as | 14 |
| to endanger the public
morals, health, safety or welfare or who | 15 |
| is so far addicted to the use of a
dangerous drug or controlled | 16 |
| substance other than alcohol as to have lost
the power of self | 17 |
| control with reference to his addiction.
| 18 |
| (b) "Administer" means the direct application of a | 19 |
| controlled
substance, whether by injection, inhalation, | 20 |
| ingestion, or any other
means, to the body of a patient, | 21 |
| research subject, or animal (as
defined by the Humane | 22 |
| Euthanasia in Animal Shelters Act) by:
| 23 |
| (1) a practitioner (or, in his presence, by his | 24 |
| authorized agent),
|
|
|
|
HB0813 Engrossed |
- 18 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| (2) the patient or research subject at the lawful | 2 |
| direction of the
practitioner, or
| 3 |
| (3) a euthanasia technician as defined by the Humane | 4 |
| Euthanasia in
Animal Shelters Act.
| 5 |
| (c) "Agent" means an authorized person who acts on behalf | 6 |
| of or at
the direction of a manufacturer, distributor, or | 7 |
| dispenser. It does not
include a common or contract carrier, | 8 |
| public warehouseman or employee of
the carrier or warehouseman.
| 9 |
| (c-1) "Anabolic Steroids" means any drug or hormonal | 10 |
| substance,
chemically and pharmacologically related to | 11 |
| testosterone (other than
estrogens, progestins, and | 12 |
| corticosteroids) that promotes muscle growth,
and includes:
| 13 |
| (i) boldenone,
| 14 |
| (ii) chlorotestosterone,
| 15 |
| (iii) chostebol,
| 16 |
| (iv) dehydrochlormethyltestosterone,
| 17 |
| (v) dihydrotestosterone,
| 18 |
| (vi) drostanolone,
| 19 |
| (vii) ethylestrenol,
| 20 |
| (viii) fluoxymesterone,
| 21 |
| (ix) formebulone,
| 22 |
| (x) mesterolone,
| 23 |
| (xi) methandienone,
| 24 |
| (xii) methandranone,
| 25 |
| (xiii) methandriol,
| 26 |
| (xiv) methandrostenolone,
|
|
|
|
HB0813 Engrossed |
- 19 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| (xv) methenolone,
| 2 |
| (xvi) methyltestosterone,
| 3 |
| (xvii) mibolerone,
| 4 |
| (xviii) nandrolone,
| 5 |
| (xix) norethandrolone,
| 6 |
| (xx) oxandrolone,
| 7 |
| (xxi) oxymesterone,
| 8 |
| (xxii) oxymetholone,
| 9 |
| (xxiii) stanolone,
| 10 |
| (xxiv) stanozolol,
| 11 |
| (xxv) testolactone,
| 12 |
| (xxvi) testosterone,
| 13 |
| (xxvii) trenbolone, and
| 14 |
| (xxviii) any salt, ester, or isomer of a drug or | 15 |
| substance described
or listed in this paragraph, if | 16 |
| that salt, ester, or isomer promotes muscle
growth.
| 17 |
| Any person who is otherwise lawfully in possession of an | 18 |
| anabolic
steroid, or who otherwise lawfully manufactures, | 19 |
| distributes, dispenses,
delivers, or possesses with intent to | 20 |
| deliver an anabolic steroid, which
anabolic steroid is | 21 |
| expressly intended for and lawfully allowed to be
administered | 22 |
| through implants to livestock or other nonhuman species, and
| 23 |
| which is approved by the Secretary of Health and Human Services | 24 |
| for such
administration, and which the person intends to | 25 |
| administer or have
administered through such implants, shall | 26 |
| not be considered to be in
unauthorized possession or to |
|
|
|
HB0813 Engrossed |
- 20 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| unlawfully manufacture, distribute, dispense,
deliver, or | 2 |
| possess with intent to deliver such anabolic steroid for
| 3 |
| purposes of this Act.
| 4 |
| (d) "Administration" means the Drug Enforcement | 5 |
| Administration,
United States Department of Justice, or its | 6 |
| successor agency.
| 7 |
| (e) "Control" means to add a drug or other substance, or | 8 |
| immediate
precursor, to a Schedule under Article II of this Act | 9 |
| whether by
transfer from another Schedule or otherwise.
| 10 |
| (f) "Controlled Substance" means a drug, substance, or | 11 |
| immediate
precursor in the Schedules of Article II of this Act.
| 12 |
| (g) "Counterfeit substance" means a controlled substance, | 13 |
| which, or
the container or labeling of which, without | 14 |
| authorization bears the
trademark, trade name, or other | 15 |
| identifying mark, imprint, number or
device, or any likeness | 16 |
| thereof, of a manufacturer, distributor, or
dispenser other | 17 |
| than the person who in fact manufactured, distributed,
or | 18 |
| dispensed the substance.
| 19 |
| (h) "Deliver" or "delivery" means the actual, constructive | 20 |
| or
attempted transfer of possession of a controlled substance, | 21 |
| with or
without consideration, whether or not there is an | 22 |
| agency relationship.
The term does not include the donation of | 23 |
| prescription drugs to the extent permitted under the Cancer | 24 |
| Drug Repository Program Act.
| 25 |
| (i) "Department" means the Illinois Department of Human | 26 |
| Services (as
successor to the Department of Alcoholism and |
|
|
|
HB0813 Engrossed |
- 21 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| Substance Abuse) or its successor agency.
| 2 |
| (j) "Department of State Police" means the Department of | 3 |
| State
Police of the State of Illinois or its successor agency.
| 4 |
| (k) "Department of Corrections" means the Department of | 5 |
| Corrections
of the State of Illinois or its successor agency.
| 6 |
| (l) "Department of Professional Regulation" means the | 7 |
| Department
of Professional Regulation of the State of Illinois | 8 |
| or its successor agency.
| 9 |
| (m) "Depressant" or "stimulant substance" means:
| 10 |
| (1) a drug which contains any quantity of (i) | 11 |
| barbituric acid or
any of the salts of barbituric acid | 12 |
| which has been designated as habit
forming under section | 13 |
| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | 14 |
| U.S.C. 352 (d)); or
| 15 |
| (2) a drug which contains any quantity of (i) | 16 |
| amphetamine or
methamphetamine and any of their optical | 17 |
| isomers; (ii) any salt of
amphetamine or methamphetamine or | 18 |
| any salt of an optical isomer of
amphetamine; or (iii) any | 19 |
| substance which the Department, after
investigation, has | 20 |
| found to be, and by rule designated as, habit forming
| 21 |
| because of its depressant or stimulant effect on the | 22 |
| central nervous
system; or
| 23 |
| (3) lysergic acid diethylamide; or
| 24 |
| (4) any drug which contains any quantity of a substance | 25 |
| which the
Department, after investigation, has found to | 26 |
| have, and by rule
designated as having, a potential for |
|
|
|
HB0813 Engrossed |
- 22 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| abuse because of its depressant or
stimulant effect on the | 2 |
| central nervous system or its hallucinogenic
effect.
| 3 |
| (n) (Blank).
| 4 |
| (o) "Director" means the Director of the Department of | 5 |
| State Police or
the Department of Professional Regulation or | 6 |
| his designated agents.
| 7 |
| (p) "Dispense" means to deliver a controlled substance to | 8 |
| an
ultimate user or research subject by or pursuant to the | 9 |
| lawful order of
a prescriber, including the prescribing, | 10 |
| administering, packaging,
labeling, or compounding necessary | 11 |
| to prepare the substance for that
delivery.
| 12 |
| (q) "Dispenser" means a practitioner who dispenses.
| 13 |
| (r) "Distribute" means to deliver, other than by | 14 |
| administering or
dispensing, a controlled substance.
| 15 |
| (s) "Distributor" means a person who distributes.
| 16 |
| (t) "Drug" means (1) substances recognized as drugs in the | 17 |
| official
United States Pharmacopoeia, Official Homeopathic | 18 |
| Pharmacopoeia of the
United States, or official National | 19 |
| Formulary, or any supplement to any
of them; (2) substances | 20 |
| intended for use in diagnosis, cure, mitigation,
treatment, or | 21 |
| prevention of disease in man or animals; (3) substances
(other | 22 |
| than food) intended to affect the structure of any function of
| 23 |
| the body of man or animals and (4) substances intended for use | 24 |
| as a
component of any article specified in clause (1), (2), or | 25 |
| (3) of this
subsection. It does not include devices or their | 26 |
| components, parts, or
accessories.
|
|
|
|
HB0813 Engrossed |
- 23 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| (t-5) "Euthanasia agency" means
an entity certified by the | 2 |
| Department of Professional Regulation for the
purpose of animal | 3 |
| euthanasia that holds an animal control facility license or
| 4 |
| animal
shelter license under the Animal Welfare Act. A | 5 |
| euthanasia agency is
authorized to purchase, store, possess, | 6 |
| and utilize Schedule II nonnarcotic and
Schedule III | 7 |
| nonnarcotic drugs for the sole purpose of animal euthanasia.
| 8 |
| (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 9 |
| substances
(nonnarcotic controlled substances) that are used | 10 |
| by a euthanasia agency for
the purpose of animal euthanasia.
| 11 |
| (u) "Good faith" means the prescribing or dispensing of a | 12 |
| controlled
substance by a practitioner in the regular course of | 13 |
| professional
treatment to or for any person who is under his | 14 |
| treatment for a
pathology or condition other than that | 15 |
| individual's physical or
psychological dependence upon or | 16 |
| addiction to a controlled substance,
except as provided herein: | 17 |
| and application of the term to a pharmacist
shall mean the | 18 |
| dispensing of a controlled substance pursuant to the
| 19 |
| prescriber's order which in the professional judgment of the | 20 |
| pharmacist
is lawful. The pharmacist shall be guided by | 21 |
| accepted professional
standards including, but not limited to | 22 |
| the following, in making the
judgment:
| 23 |
| (1) lack of consistency of doctor-patient | 24 |
| relationship,
| 25 |
| (2) frequency of prescriptions for same drug by one | 26 |
| prescriber for
large numbers of patients,
|
|
|
|
HB0813 Engrossed |
- 24 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| (3) quantities beyond those normally prescribed,
| 2 |
| (4) unusual dosages,
| 3 |
| (5) unusual geographic distances between patient, | 4 |
| pharmacist and
prescriber,
| 5 |
| (6) consistent prescribing of habit-forming drugs.
| 6 |
| (u-1) "Home infusion services" means services provided by a | 7 |
| pharmacy in
compounding solutions for direct administration to | 8 |
| a patient in a private
residence, long-term care facility, or | 9 |
| hospice setting by means of parenteral,
intravenous, | 10 |
| intramuscular, subcutaneous, or intraspinal infusion.
| 11 |
| (v) "Immediate precursor" means a substance:
| 12 |
| (1) which the Department has found to be and by rule | 13 |
| designated as
being a principal compound used, or produced | 14 |
| primarily for use, in the
manufacture of a controlled | 15 |
| substance;
| 16 |
| (2) which is an immediate chemical intermediary used or | 17 |
| likely to
be used in the manufacture of such controlled | 18 |
| substance; and
| 19 |
| (3) the control of which is necessary to prevent, | 20 |
| curtail or limit
the manufacture of such controlled | 21 |
| substance.
| 22 |
| (w) "Instructional activities" means the acts of teaching, | 23 |
| educating
or instructing by practitioners using controlled | 24 |
| substances within
educational facilities approved by the State | 25 |
| Board of Education or
its successor agency.
| 26 |
| (x) "Local authorities" means a duly organized State, |
|
|
|
HB0813 Engrossed |
- 25 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| County or
Municipal peace unit or police force.
| 2 |
| (y) "Look-alike substance" means a substance, other than a | 3 |
| controlled
substance which (1) by overall dosage unit | 4 |
| appearance, including shape,
color, size, markings or lack | 5 |
| thereof, taste, consistency, or any other
identifying physical | 6 |
| characteristic of the substance, would lead a reasonable
person | 7 |
| to believe that the substance is a controlled substance, or (2) | 8 |
| is
expressly or impliedly represented to be a controlled | 9 |
| substance or is
distributed under circumstances which would | 10 |
| lead a reasonable person to
believe that the substance is a | 11 |
| controlled substance. For the purpose of
determining whether | 12 |
| the representations made or the circumstances of the
| 13 |
| distribution would lead a reasonable person to believe the | 14 |
| substance to be
a controlled substance under this clause (2) of | 15 |
| subsection (y), the court or
other authority may consider the | 16 |
| following factors in addition to any other
factor that may be | 17 |
| relevant:
| 18 |
| (a) statements made by the owner or person in control | 19 |
| of the substance
concerning its nature, use or effect;
| 20 |
| (b) statements made to the buyer or recipient that the | 21 |
| substance may
be resold for profit;
| 22 |
| (c) whether the substance is packaged in a manner | 23 |
| normally used for the
illegal distribution of controlled | 24 |
| substances;
| 25 |
| (d) whether the distribution or attempted distribution | 26 |
| included an
exchange of or demand for money or other |
|
|
|
HB0813 Engrossed |
- 26 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| property as consideration, and
whether the amount of the | 2 |
| consideration was substantially greater than the
| 3 |
| reasonable retail market value of the substance.
| 4 |
| Clause (1) of this subsection (y) shall not apply to a | 5 |
| noncontrolled
substance in its finished dosage form that was | 6 |
| initially introduced into
commerce prior to the initial | 7 |
| introduction into commerce of a controlled
substance in its | 8 |
| finished dosage form which it may substantially resemble.
| 9 |
| Nothing in this subsection (y) prohibits the dispensing or | 10 |
| distributing
of noncontrolled substances by persons authorized | 11 |
| to dispense and
distribute controlled substances under this | 12 |
| Act, provided that such action
would be deemed to be carried | 13 |
| out in good faith under subsection (u) if the
substances | 14 |
| involved were controlled substances.
| 15 |
| Nothing in this subsection (y) or in this Act prohibits the | 16 |
| manufacture,
preparation, propagation, compounding, | 17 |
| processing, packaging, advertising
or distribution of a drug or | 18 |
| drugs by any person registered pursuant to
Section 510 of the | 19 |
| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 20 |
| (y-1) "Mail-order pharmacy" means a pharmacy that is | 21 |
| located in a state
of the United States, other than Illinois, | 22 |
| that delivers, dispenses or
distributes, through the United | 23 |
| States Postal Service or other common
carrier, to Illinois | 24 |
| residents, any substance which requires a prescription.
| 25 |
| (z) "Manufacture" means the production, preparation, | 26 |
| propagation,
compounding, conversion or processing of a |
|
|
|
HB0813 Engrossed |
- 27 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| controlled substance other than methamphetamine, either
| 2 |
| directly or indirectly, by extraction from substances of | 3 |
| natural origin,
or independently by means of chemical | 4 |
| synthesis, or by a combination of
extraction and chemical | 5 |
| synthesis, and includes any packaging or
repackaging of the | 6 |
| substance or labeling of its container, except that
this term | 7 |
| does not include:
| 8 |
| (1) by an ultimate user, the preparation or compounding | 9 |
| of a
controlled substance for his own use; or
| 10 |
| (2) by a practitioner, or his authorized agent under | 11 |
| his
supervision, the preparation, compounding, packaging, | 12 |
| or labeling of a
controlled substance:
| 13 |
| (a) as an incident to his administering or | 14 |
| dispensing of a
controlled substance in the course of | 15 |
| his professional practice; or
| 16 |
| (b) as an incident to lawful research, teaching or | 17 |
| chemical
analysis and not for sale ; or
.
| 18 |
| (3) the packaging, repackaging, or labeling of | 19 |
| prescription drugs only to the extent required under the | 20 |
| Cancer Drug Repository Program Act.
| 21 |
| (z-1) (Blank).
| 22 |
| (aa) "Narcotic drug" means any of the following, whether | 23 |
| produced
directly or indirectly by extraction from substances | 24 |
| of natural origin,
or independently by means of chemical | 25 |
| synthesis, or by a combination of
extraction and chemical | 26 |
| synthesis:
|
|
|
|
HB0813 Engrossed |
- 28 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| (1) opium and opiate, and any salt, compound, | 2 |
| derivative, or
preparation of opium or opiate;
| 3 |
| (2) any salt, compound, isomer, derivative, or | 4 |
| preparation thereof
which is chemically equivalent or | 5 |
| identical with any of the substances
referred to in clause | 6 |
| (1), but not including the isoquinoline alkaloids
of opium;
| 7 |
| (3) opium poppy and poppy straw;
| 8 |
| (4) coca leaves and any salts, compound, isomer, salt | 9 |
| of an isomer,
derivative, or preparation of coca leaves | 10 |
| including cocaine or ecgonine,
and any salt, compound, | 11 |
| isomer, derivative, or preparation thereof which is
| 12 |
| chemically equivalent or identical with any of these | 13 |
| substances, but not
including decocainized coca leaves or | 14 |
| extractions of coca leaves which do
not contain cocaine or | 15 |
| ecgonine (for the purpose of this paragraph, the
term | 16 |
| "isomer" includes optical, positional and geometric | 17 |
| isomers).
| 18 |
| (bb) "Nurse" means a registered nurse licensed under the
| 19 |
| Nursing and Advanced Practice Nursing Act.
| 20 |
| (cc) (Blank).
| 21 |
| (dd) "Opiate" means any substance having an addiction | 22 |
| forming or
addiction sustaining liability similar to morphine | 23 |
| or being capable of
conversion into a drug having addiction | 24 |
| forming or addiction sustaining
liability.
| 25 |
| (ee) "Opium poppy" means the plant of the species Papaver
| 26 |
| somniferum L., except its seeds.
|
|
|
|
HB0813 Engrossed |
- 29 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| (ff) "Parole and Pardon Board" means the Parole and Pardon | 2 |
| Board of
the State of Illinois or its successor agency.
| 3 |
| (gg) "Person" means any individual, corporation, | 4 |
| mail-order pharmacy,
government or governmental subdivision or | 5 |
| agency, business trust, estate,
trust, partnership or | 6 |
| association, or any other entity.
| 7 |
| (hh) "Pharmacist" means any person who holds a certificate | 8 |
| of
registration as a registered pharmacist, a local registered | 9 |
| pharmacist
or a registered assistant pharmacist under the | 10 |
| Pharmacy Practice Act of 1987.
| 11 |
| (ii) "Pharmacy" means any store, ship or other place in | 12 |
| which
pharmacy is authorized to be practiced under the Pharmacy | 13 |
| Practice Act of 1987.
| 14 |
| (jj) "Poppy straw" means all parts, except the seeds, of | 15 |
| the opium
poppy, after mowing.
| 16 |
| (kk) "Practitioner" means a physician licensed to practice | 17 |
| medicine in all
its branches, dentist, podiatrist,
| 18 |
| veterinarian, scientific investigator, pharmacist, physician | 19 |
| assistant,
advanced practice nurse,
licensed practical
nurse, | 20 |
| registered nurse, hospital, laboratory, or pharmacy, or other
| 21 |
| person licensed, registered, or otherwise lawfully permitted | 22 |
| by the
United States or this State to distribute, dispense, | 23 |
| conduct research
with respect to, administer or use in teaching | 24 |
| or chemical analysis, a
controlled substance in the course of | 25 |
| professional practice or research.
| 26 |
| (ll) "Pre-printed prescription" means a written |
|
|
|
HB0813 Engrossed |
- 30 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| prescription upon which
the designated drug has been indicated | 2 |
| prior to the time of issuance.
| 3 |
| (mm) "Prescriber" means a physician licensed to practice | 4 |
| medicine in all
its branches, dentist, podiatrist or
| 5 |
| veterinarian who issues a prescription, a physician assistant | 6 |
| who
issues a
prescription for a Schedule III, IV, or V | 7 |
| controlled substance
in accordance
with Section 303.05 and the | 8 |
| written guidelines required under Section 7.5
of the
Physician | 9 |
| Assistant Practice Act of 1987, or an advanced practice
nurse | 10 |
| with prescriptive authority in accordance with Section 303.05
| 11 |
| and a written
collaborative agreement under Sections 15-15 and | 12 |
| 15-20 of
the Nursing and Advanced Practice Nursing Act.
| 13 |
| (nn) "Prescription" means a lawful written, facsimile, or | 14 |
| verbal order
of
a physician licensed to practice medicine in | 15 |
| all its branches,
dentist, podiatrist or veterinarian for any | 16 |
| controlled
substance, of a physician assistant for a Schedule | 17 |
| III, IV, or V
controlled substance
in accordance with Section | 18 |
| 303.05 and the written guidelines required under
Section 7.5 of | 19 |
| the
Physician Assistant Practice Act of 1987, or of an advanced | 20 |
| practice
nurse who issues a prescription for a Schedule III, | 21 |
| IV, or V
controlled substance in accordance
with
Section 303.05 | 22 |
| and a written collaborative agreement under Sections 15-15
and
| 23 |
| 15-20 of the Nursing and Advanced Practice Nursing Act.
| 24 |
| (oo) "Production" or "produce" means manufacture, | 25 |
| planting,
cultivating, growing, or harvesting of a controlled | 26 |
| substance other than methamphetamine.
|
|
|
|
HB0813 Engrossed |
- 31 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| (pp) "Registrant" means every person who is required to | 2 |
| register
under Section 302 of this Act.
| 3 |
| (qq) "Registry number" means the number assigned to each | 4 |
| person
authorized to handle controlled substances under the | 5 |
| laws of the United
States and of this State.
| 6 |
| (rr) "State" includes the State of Illinois and any state, | 7 |
| district,
commonwealth, territory, insular possession thereof, | 8 |
| and any area
subject to the legal authority of the United | 9 |
| States of America.
| 10 |
| (ss) "Ultimate user" means a person who lawfully possesses | 11 |
| a
controlled substance for his own use or for the use of a | 12 |
| member of his
household or for administering to an animal owned | 13 |
| by him or by a member
of his household.
| 14 |
| (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; | 15 |
| 94-556, eff. 9-11-05.)
| 16 |
| Section 95. The Cannabis and Controlled Substances Tort | 17 |
| Claims Act is amended by changing Section 3 as follows:
| 18 |
| (740 ILCS 20/3) (from Ch. 70, par. 903)
| 19 |
| Sec. 3. Definitions. As used in this Act, unless the | 20 |
| context otherwise
requires:
| 21 |
| "Cannabis" includes marihuana, hashish, and other | 22 |
| substances that
are identified as including any parts of the | 23 |
| plant Cannabis Sativa, whether
growing or not, the seeds of | 24 |
| that plant, the resin extracted from any part of
that plant, |
|
|
|
HB0813 Engrossed |
- 32 - |
LRB095 09713 DRJ 29917 b |
|
| 1 |
| and any compound, manufacture, salt, derivative, mixture, or
| 2 |
| preparation of that plant, its seeds, or resin, including
| 3 |
| tetrahydrocannabinol (THC) and all other cannabinol | 4 |
| derivatives, including
its naturally occurring or | 5 |
| synthetically produced ingredients, whether
produced directly | 6 |
| or indirectly by extraction, independently by means of
chemical | 7 |
| synthesis, or by a combination of extraction and chemical
| 8 |
| synthesis. "Cannabis" does not include the mature stalks of | 9 |
| that plant, fiber
produced from those stalks, oil or cake made | 10 |
| from the seeds of that plant,
any other compound, manufacture, | 11 |
| salt, derivative, mixture, or preparation
of mature stalks | 12 |
| (except the extracted resin), fiber, oil
or cake, or the | 13 |
| sterilized seeds of that plant that are incapable of
| 14 |
| germination.
| 15 |
| "Controlled substance" means a drug, substance, or | 16 |
| immediate precursor in
the Schedules of Article II of the | 17 |
| Illinois Controlled Substances Act.
| 18 |
| "Counterfeit substance" means a controlled substance or | 19 |
| the container or
labeling of a controlled substance that, | 20 |
| without authorization, bears the
trademark, trade name, or | 21 |
| other identifying mark, imprint, number, device,
or any | 22 |
| likeness thereof of a manufacturer, distributor, or dispenser | 23 |
| other
than the person who in fact manufactured, distributed, or | 24 |
| dispensed the
substance.
| 25 |
| "Deliver" or "delivery" means the actual, constructive, or | 26 |
| attempted
transfer of possession of a controlled substance or |
|
|
|
HB0813 Engrossed |
- 33 - |
LRB095 09713 DRJ 29917 b |
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| 1 |
| cannabis, with or
without consideration, whether or not there | 2 |
| is an agency relationship. The term does not include the | 3 |
| donation of prescription drugs to the extent permitted under | 4 |
| the Cancer Drug Repository Program Act.
| 5 |
| "Manufacture" means the production, preparation, | 6 |
| propagation,
compounding, conversion, or processing of a | 7 |
| controlled substance, either
directly or indirectly, by | 8 |
| extraction from substances of natural origin,
independently by | 9 |
| means of chemical synthesis, or by a combination of
extraction | 10 |
| and chemical synthesis, and includes any packaging or
| 11 |
| repackaging of the substance or labeling of its container, | 12 |
| except that the
term does not include:
| 13 |
| (1) by an ultimate user, the preparation or compounding | 14 |
| of a
controlled substance for his own use;
| 15 |
| (2) by a practitioner or his authorized agent under his | 16 |
| supervision,
the preparation, compounding, packaging, or | 17 |
| labeling of a controlled substance : ;
| 18 |
| (A) as an incident to his administering or | 19 |
| dispensing of a controlled
substance in the course of | 20 |
| his professional practice; or
| 21 |
| (B) as an incident to lawful research, teaching or | 22 |
| chemical analysis
and not for sale; or
| 23 |
| (3) the preparation, compounding, packaging, or | 24 |
| labeling of cannabis
as an incident to lawful research, | 25 |
| teaching, or chemical analysis and not
for sale ; or .
| 26 |
| (4) the packaging, repackaging, or labeling of |
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HB0813 Engrossed |
- 34 - |
LRB095 09713 DRJ 29917 b |
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| 1 |
| prescription drugs only to the extent required under the | 2 |
| Cancer Drug Repository Program Act.
| 3 |
| "Owner" means a person who has possession of or any | 4 |
| interest
whatsoever in the property involved.
| 5 |
| "Person" means an individual, a corporation, a government,
| 6 |
| a governmental subdivision or agency, a business trust, an | 7 |
| estate, a trust,
a partnership or association, or any other | 8 |
| entity.
| 9 |
| "Production" means planting, cultivating, tending, or | 10 |
| harvesting.
| 11 |
| "Property" means real property, including things growing | 12 |
| on,
affixed to, and found in land, and tangible or intangible | 13 |
| personal
property, including rights, services, privileges, | 14 |
| interests, claims,
and securities.
| 15 |
| (Source: P.A. 87-544.)
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HB0813 Engrossed |
- 35 - |
LRB095 09713 DRJ 29917 b |
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| 1 |
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INDEX
| 2 |
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Statutes amended in order of appearance
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| 3 |
| New Act |
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| 4 |
| 225 ILCS 85/4 |
from Ch. 111, par. 4124 |
| 5 |
| 225 ILCS 120/15 |
from Ch. 111, par. 8301-15 |
| 6 |
| 320 ILCS 50/10 |
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| 7 |
| 410 ILCS 620/16 |
from Ch. 56 1/2, par. 516 |
| 8 |
| 720 ILCS 570/102 |
from Ch. 56 1/2, par. 1102 |
| 9 |
| 740 ILCS 20/3 |
from Ch. 70, par. 903 |
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