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90_SB1262
720 ILCS 635/1 from Ch. 38, par. 22-50
720 ILCS 635/2 from Ch. 38, par. 22-51
Amends the Hypodermic Syringes and Needles Act. Provides
that a person operating or participating in a public
health-related needle exchange program does not violate the
Act.
LRB9009153WHmg
LRB9009153WHmg
1 AN ACT to amend the Hypodermic Syringes and Needles Act
2 by changing Sections 1 and 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Hypodermic Syringes and Needles Act is
6 amended by changing Sections 1 and 2 as follows:
7 (720 ILCS 635/1) (from Ch. 38, par. 22-50)
8 Sec. 1. No person, not being a physician, dentist,
9 chiropodist or veterinarian licensed under the laws of this
10 State or of the state where he resides, or a registered
11 professional nurse, or a registered embalmer, manufacturer or
12 dealer in embalming supplies, wholesale druggist,
13 manufacturing pharmacist, registered pharmacist, manufacturer
14 of surgical instruments, industrial user, official of any
15 government having possession of the articles hereinafter
16 mentioned by reason of his official duties, nurse or a
17 medical laboratory technician acting under the direction of a
18 physician or dentist, employee of an incorporated hospital
19 acting under the direction of its superintendent or officer
20 in immediate charge, or a carrier or messenger engaged in the
21 transportation of such articles, or the holder of a permit
22 issued under Section 5 of this Act, or a farmer engaged in
23 the use of such instruments on livestock, or a person engaged
24 in chemical, clinical, pharmaceutical or other scientific
25 research, or a person operating or participating in a public
26 health-related needle exchange program, or a person in
27 possession of hypodermic syringes or needles acquired in
28 conjunction with a public health-related needle exchange
29 program, shall have in his possession a hypodermic syringe,
30 hypodermic needle, or any instrument adapted for the use of
31 controlled substances or cannabis by subcutaneous injection.
-2- LRB9009153WHmg
1 (Source: P.A. 77-771.)
2 (720 ILCS 635/2) (from Ch. 38, par. 22-51)
3 Sec. 2. No such syringe, needle or instrument shall be
4 delivered or sold to, or exchanged with, any person except a
5 registered pharmacist, physician, dentist, veterinarian,
6 registered embalmer, manufacturer or dealer in embalming
7 supplies, wholesale druggist, manufacturing pharmacist,
8 industrial user, a nurse upon the written order of a
9 physician or dentist, the holder of a permit issued under
10 Section 5 of this Act, a registered chiropodist, or an
11 employee of an incorporated hospital upon the written order
12 of its superintendent or officer in immediate charge;
13 provided that the provisions of this Act shall not prohibit
14 the sale, possession or use of hypodermic syringes or
15 hypodermic needles for treatment of livestock or poultry by
16 the owner or keeper thereof or a person engaged in chemical,
17 clinical, pharmaceutical or other scientific research. In the
18 interest of preventing the transmission of AIDS and other
19 communicable diseases, it shall not be a criminal offense to
20 possess or exchange hypodermic syringes or needles in
21 conjunction with any public health-related needle exchange
22 program.
23 (Source: Laws 1955, p. 1408.)