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90_SB1264
720 ILCS 635/1 from Ch. 38, par. 22-50
720 ILCS 635/2 from Ch. 38, par. 22-51
720 ILCS 635/4 from Ch. 38, par. 22-53
720 ILCS 635/3 rep.
Amends the Hypodermic Syringes and Needles Act. Provides
that a person operating or participating in a public
health-related needle exchange program or a person 18 years
of age or older who purchases up to 10 hypodermic needles
from a registered pharmacist does not violate the Act.
Repeals provisions requiring a person who sells a syringe,
needle, or instrument to keep a record of the sale. Provides
that the Department of Public Health shall develop and make
available educational information to be distributed to
persons who purchase hypodermic needles under the new
provisions.
LRB9009088WHmgA
LRB9009088WHmgA
1 AN ACT to amend the Hypodermic Syringes and Needles Act
2 by changing Sections 1, 2, and 4 and repealing Section 3.
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, 2, and 4 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 syringes acquired pursuant to a valid
28 transaction under Section 2 of this Act, shall have in his
29 possession a hypodermic syringe, hypodermic needle, or any
30 instrument adapted for the use of controlled substances or
31 cannabis by subcutaneous injection.
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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 for
20 a person 18 years of age or older to purchase up to 10
21 hypodermic needles from a registered pharmacist at any one
22 time without a prescription or to sell or possess hypodermic
23 needles incidental to such purchase, nor shall it be a
24 criminal offense for a person 18 years of age or older to
25 possess or exchange hypodermic needles in conjunction with
26 any public health-related needle exchange program.
27 The Illinois Department of Public Health shall develop
28 educational materials and make copies of the educational
29 materials available to pharmacists. Pharmacists shall
30 distribute the educational materials to each person who
31 purchases hypodermic needles as authorized under this
32 Section. The educational materials shall include
33 information regarding safer injection, HIV prevention,
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1 syringe disposal, and drug treatment.
2 (Source: Laws 1955, p. 1408.)
3 (720 ILCS 635/4) (from Ch. 38, par. 22-53)
4 Sec. 4. Whoever violates any provisions of Sections 1
5 and, 2, and 3 of this Act shall be guilty of a Class A
6 misdemeanor for the first such offense; for a second or any
7 succeeding offense, he shall be guilty of a Class 4 felony.
8 (Source: P.A. 77-2830.)
9 (720 ILCS 635/3 rep.)
10 Section 10. The Hypodermic Syringes and Needles Act is
11 amended by repealing Section 3.