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92_HB2391enr HB2391 Enrolled LRB9205784LBpc 1 AN ACT concerning animal control. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Humane Euthanasia in Animal Shelters Act. 6 Section 5. Definitions. The following terms have the 7 meanings indicated, unless the context requires otherwise: 8 "Animal" means any bird, fish, reptile, or mammal other 9 than man. 10 "DEA" means the United States Department of Justice Drug 11 Enforcement Administration. 12 "Department" means the Department of Professional 13 Regulation. 14 "Director" means the Director of the Department of 15 Professional Regulation. 16 "Euthanasia agency" means an entity certified by the 17 Department for the purpose of animal euthanasia that holds an 18 animal control facility or animal shelter license under the 19 Animal Welfare Act. 20 "Euthanasia drugs" means Schedule II or Schedule III 21 substances (nonnarcotic controlled substances) as set forth 22 in the Illinois Controlled Substances Act that are used by a 23 euthanasia agency for the purpose of animal euthanasia. 24 "Euthanasia technician" or "technician" means a person 25 employed by a euthanasia agency or working under the direct 26 supervision of a veterinarian and who is certified by the 27 Department to administer euthanasia drugs to euthanize 28 animals. 29 "Veterinarian" means a person holding the degree of 30 Doctor of Veterinary Medicine who is licensed under the 31 Veterinary Medicine and Surgery Practice Act of 1994. HB2391 Enrolled -2- LRB9205784LBpc 1 Section 10. Certification requirement, exemptions. 2 (a) Except as otherwise provided in this Section, no 3 person shall euthanize animals in an animal shelter or animal 4 control facility without possessing a certificate issued by 5 the Department under this Act. 6 (b) Nothing in this Act shall be construed as preventing 7 a licensed veterinarian or an instructor during an approved 8 course from humanely euthanizing animals in animal shelters 9 or animal control facilities. 10 (c) Nothing in this Act prevents a veterinarian who is 11 employed by the Department of Agriculture, or any other 12 person who is employed by the Department of Agriculture and 13 acting under the supervision of such a veterinarian, from 14 humanely euthanizing animals in the course of that 15 employment. 16 Section 15. Powers and duties of the Department. 17 (a) The Department shall exercise the powers and duties 18 prescribed by the Civil Administrative Code of Illinois for 19 the administration of licensure Acts and shall exercise other 20 powers and duties necessary for effectuating the purposes of 21 this Act. 22 (b) The Department may adopt rules to administer and 23 enforce this Act including, but not limited to, setting fees 24 for original certification and renewal and restoration of 25 certification and any other administrative fees, and may 26 prescribe forms to be issued to implement this Act. At a 27 minimum, the rules adopted by the Department shall include 28 standards and criteria for certification and for professional 29 conduct and discipline. 30 Section 20. Application for original certification. 31 Applications for original certification shall be made to the 32 Department in writing, shall be signed by the applicant on HB2391 Enrolled -3- LRB9205784LBpc 1 forms prescribed by the Department, and shall be accompanied 2 by a nonrefundable fee set by rule. The Department may 3 require information from the applicant that, in its judgment, 4 will enable the Department to determine the qualifications of 5 the applicant for certification. 6 Section 25. Euthanasia agency. 7 (a) To be certified as a euthanasia agency, an entity 8 must apply to the Department, hold an active license under 9 the Animal Welfare Act as an animal control facility or an 10 animal shelter, pay the required fee, and agree to: 11 (1) Keep euthanasia drugs in a securely locked 12 cabinet or a metal safe that meets the requirements of 13 the Illinois Controlled Substances Act and rules adopted 14 under that Act when not in use. A temporary storage 15 cabinet may be used when a euthanasia technician is on 16 duty and animals are being euthanized during the workday. 17 (2) Comply with the requirements of the Illinois 18 Food, Drug and Cosmetic Act, federal Food, Drug and 19 Cosmetic Act (21 U.S.C. 301 et seq. (1976)), federal 20 Controlled Substances Act (21 U.S.C. 801 et seq. (1976)), 21 and the Illinois Controlled Substances Act. 22 (3) Keep the conditions of the euthanasia area 23 clean and sanitary with adequate equipment and supplies 24 to enable the humane disposition of animals. 25 (b) A euthanasia agency may purchase, store, and possess 26 Schedule II and Schedule III (nonnarcotic controlled 27 substances) drugs for the euthanization of animals upon 28 obtaining from the Department an Illinois controlled 29 substances license pursuant to the Illinois Controlled 30 Substances Act and a controlled substance license issued by 31 the Drug Enforcement Administration pursuant to the federal 32 Controlled Substances Act. 33 (c) The Department shall inspect the facility prior to HB2391 Enrolled -4- LRB9205784LBpc 1 the issuance of the controlled substance license. 2 (d) The euthanasia agency shall notify the Department in 3 writing within 30 days of the time that the employment of a 4 euthanasia technician is terminated from the euthanasia 5 agency. 6 Section 35. Technician certification; duties. 7 (a) An applicant for certification as a euthanasia 8 technician shall file an application with the Department and 9 shall: 10 (1) Be 18 years of age. 11 (2) Be of good moral character. In determining 12 moral character under this Section, the Department may 13 take into consideration whether the applicant has engaged 14 in conduct or activities that would constitute grounds 15 for discipline under this Act. 16 (3) Submit fingerprints to the Illinois State 17 Police or its designated vendor as set forth by rule. 18 These fingerprints shall be checked against the Illinois 19 State Police and Federal Bureau of Investigation criminal 20 history record databases. A separate fee shall be 21 charged to the applicant for fingerprinting, payable 22 either to the Department or the Illinois State Police or 23 its designated vendor. 24 (4) Hold a current license or certification from 25 the American Humane Association, the National Animal 26 Control Association, the Illinois Federation of Humane 27 Societies, or the Humane Society of the United States. 28 (5) Pay the required fee. 29 (b) The duties of a euthanasia technician shall include 30 but are not limited to: 31 (1) preparing animals for euthanasia and scanning 32 each animal, prior to euthanasia, for microchips; 33 (2) accurately recording the dosages administered HB2391 Enrolled -5- LRB9205784LBpc 1 and the amount of drugs wasted; 2 (3) ordering supplies; 3 (4) maintaining the security of all controlled 4 substances and drugs; 5 (5) humanely euthanizing animals via intravenous 6 injection by hypodermic needle, intraperitoneal injection 7 by hypodermic needle, solutions or powder added to food 8 or by mouth, intracardiac injection only on comatose 9 animals by hypodermic needle, or carbon monoxide in a 10 commercially manufactured chamber; and 11 (6) properly disposing of euthanized animals after 12 verification of death. 13 (c) A euthanasia technician employed by a euthanasia 14 agency may perform euthanasia by the administration of a 15 Schedule II or Schedule III nonnarcotic controlled substance. 16 A euthanasia technician may not personally possess, order, or 17 administer a controlled substance except as an agent of the 18 euthanasia agency. 19 (d) Upon termination from a euthanasia agency, a 20 euthanasia technician shall not perform animal euthanasia 21 until he or she is employed by another certified euthanasia 22 agency. 23 (e) A certified euthanasia technician or an instructor 24 in an approved course does not engage in the practice of 25 veterinary medicine when performing duties set forth in this 26 Act. 27 Section 40. Issuance of certificate. The Department 28 shall begin issuing certificates under this Act within one 29 year after the effective date of this Act. The Department 30 shall issue a certificate to an applicant who has met the 31 requirements and has paid the required application fee. 32 Section 45. Certifications; renewal; restoration; person HB2391 Enrolled -6- LRB9205784LBpc 1 in military service; inactive status. 2 (a) The expiration date, renewal period, renewal fees, 3 and procedures for renewal of each certification issued under 4 this Act shall be set by rule. 5 (b) Any person who has permitted a euthanasia technician 6 certification to expire or who has a certification on 7 inactive status may have it restored by submitting an 8 application to the Department and filing proof of fitness, as 9 defined by rule, to have the certification restored, 10 including, if appropriate, evidence that is satisfactory to 11 the Department certifying active practice in another 12 jurisdiction and by paying the required fee. 13 (c) If the person has not maintained an active practice 14 in another jurisdiction that is satisfactory to the 15 Department, the Department shall determine the person's 16 fitness to resume active status. 17 (d) Any person whose euthanasia technician certification 18 expired while on active duty with the armed forces of the 19 United States, while called into service or training with the 20 State Militia or in training or education under the 21 supervision of the United States government prior to 22 induction into the military service, however, may have his or 23 her certification restored without paying any renewal fees 24 if, within 2 years after the termination of that service, 25 training, or education, except under conditions other than 26 honorable, the Department is furnished with satisfactory 27 evidence that the person has been so engaged and that the 28 service, training, or education has been so terminated. 29 (e) A euthanasia technician certificate holder may place 30 his or her certification on inactive status and shall be 31 excused from paying renewal fees until he or she notifies the 32 Department in writing of the intention to resume active 33 practice. A certificate holder who is on inactive status 34 shall not practice while the certificate is in inactive HB2391 Enrolled -7- LRB9205784LBpc 1 status. 2 (f) The Department shall set by rule the requirements 3 for restoration of a euthanasia agency certification and the 4 requirements for a change of location. 5 Section 50. Grandfathering provision. The Department 6 may issue certification to a euthanasia technician who 7 presents proof in a manner established by the Department that 8 he or she has been licensed or certified by the American 9 Humane Association, the National Animal Control Association, 10 the Illinois Federation of Humane Societies, or the Humane 11 Society of the United States, within the 5 years preceding 12 the effective date of this Act. 13 Section 55. Endorsement. An applicant, who is a 14 euthanasia technician registered or licensed under the laws 15 of another state or territory of the United States that has 16 requirements that are substantially similar to the 17 requirements of this Act, may be granted certification as a 18 euthanasia technician in this State without examination, upon 19 presenting satisfactory proof to the Department that the 20 applicant has been engaged in the practice of euthanasia for 21 a period of not less than one year and upon payment of the 22 required fee. 23 Section 57. Procedures for euthanasia. 24 (a) Only euthanasia drugs and commercially compressed 25 carbon monoxide, subject to the limitations imposed under 26 subsection (b) of this Section, shall be used for the purpose 27 of humanely euthanizing injured, sick, homeless, or unwanted 28 companion animals in an animal shelter or an animal control 29 facility licensed under the Illinois Animal Welfare Act. 30 (b) Commercially compressed carbon monoxide may be used 31 as a permitted method of euthanasia provided that it is HB2391 Enrolled -8- LRB9205784LBpc 1 performed in a commercially manufactured chamber pursuant to 2 the guidelines set forth in the most recent report of the 3 AVMA Panel on Euthanasia. A chamber that is designed to 4 euthanize more than one animal at a time must be equipped 5 with independent sections or cages to separate incompatible 6 animals. The interior of the chamber must be well lit and 7 equipped with view-ports, a regulator, and a flow meter. 8 Monitoring equipment must be used at all times during the 9 operation. Animals that are under 4 months of age, old, 10 injured, or sick may not be euthanized by carbon monoxide. 11 Animals shall remain in the chamber and be exposed for a 12 minimum of 20 minutes. Staff members shall be fully notified 13 of potential health risks. 14 Section 60. Fees; returned checks. An agency or person 15 who delivers a check or other payment to the Department that 16 is returned to the Department unpaid by the financial 17 institution upon which it is drawn shall pay to the 18 Department, in addition to the amount already owed to the 19 Department a fine of $50. The fines imposed by this Section 20 are in addition to any other discipline provided under this 21 Act. The Director may waive the fines due under this Section 22 in individual cases where the Director finds that the fines 23 would be unreasonable or unnecessarily burdensome. 24 Section 65. Refused issuance, suspension or revocation 25 of certification. The Department may refuse to issue, renew, 26 or restore a certification or may revoke or suspend a 27 certification, or place on probation, reprimand, impose a 28 fine not to exceed $1,000 for each violation, or take other 29 disciplinary action as the Department may deem proper with 30 regard to a certified euthanasia agency or a certified 31 euthanasia technician for any one or combination of the 32 following reasons: HB2391 Enrolled -9- LRB9205784LBpc 1 (1) failing to carry out the duties of a euthanasia 2 technician; 3 (2) abusing the use of any chemical substance; 4 (3) selling, stealing, or giving chemical substances 5 away; 6 (4) abetting anyone in the activities listed in this 7 subsection; or 8 (5) violating any provision of this Act, the Illinois 9 Controlled Substances Act, the rules adopted under these Acts 10 or any rules adopted by the Department of Professional 11 Regulation concerning the euthanizing of animals. 12 Section 80. Exemption from liability. An instructor of 13 euthanasia techniques or a veterinarian who engages in the 14 instructing of euthanasia technicians, in a course approved 15 by the Department, shall not incur any civil or criminal 16 liability for any subsequent misuse or malpractice of a 17 euthanasia technician who has attended the course. 18 Any veterinarian, who in good faith administers 19 euthanasia drugs to an animal in an animal control facility 20 or an animal shelter, has immunity from any liability, civil, 21 criminal, or otherwise, that may result from his or her 22 actions. For the purposes of any proceedings, civil or 23 criminal, the good faith of the veterinarian shall be 24 rebuttably presumed. 25 Section 85. Cease and desist order. 26 (a) If an agency or person violates a provision of this 27 Act, the Director may, in the name of the People of the State 28 of Illinois, through the Attorney General of the State of 29 Illinois, petition for an order enjoining the violation or 30 for an order enforcing compliance with this Act. Upon the 31 filing of a verified petition in court, the court may issue a 32 temporary restraining order, without notice or bond, and may HB2391 Enrolled -10- LRB9205784LBpc 1 preliminarily and permanently enjoin the violation, and if it 2 is established that the agency or person has violated or is 3 violating the injunction, the court may punish the offender 4 for contempt of court. Proceedings under this Section shall 5 be in addition to, and not in lieu of, all other remedies and 6 penalties provided by this Act. 7 (b) Whenever, in the opinion of the Department, an 8 agency violates a provision of this Act, the Department may 9 issue a rule to show cause why an order to cease and desist 10 should not be entered against the agency. The rule shall 11 clearly set forth the grounds relied upon by the Department 12 and shall provide a period of 7 days from the date of the 13 rule to file an answer to the satisfaction of the Department. 14 Failure to answer to the satisfaction of the Department shall 15 cause an order to cease and desist to be issued immediately. 16 Section 90. Uncertified practice; civil penalty. 17 (a) A person who practices, offers to practice, attempts 18 to practice, or holds himself or herself out as a certified 19 euthanasia technician or a certified euthanasia agency 20 without being certified under this Act shall, in addition to 21 any other penalty provided by law, pay a civil penalty to the 22 Department in an amount not to exceed $5,000 for each offense 23 as determined by the Department. The civil penalty shall be 24 assessed by the Department after a hearing is held in 25 accordance with the provisions set forth in this Act 26 regarding the provision of a hearing for the discipline of a 27 certified euthanasia technician or a certified euthanasia 28 agency. The civil penalty must be paid within 60 days after 29 the effective date of the order imposing the civil penalty. 30 The order shall constitute a judgment and may be filed and 31 executed in the same manner as any judgment from any court of 32 record. 33 (b) The Department may investigate any uncertified HB2391 Enrolled -11- LRB9205784LBpc 1 activity. 2 (c) Instructors teaching humane euthanasia techniques 3 are exempt from the certification process. 4 Section 95. Inspections. The Department may conduct 5 random inspections upon renewal, for cause, or as necessary 6 to assure the integrity and effectiveness of the 7 certification process. Upon failure to pass inspection, a 8 euthanasia agency's certificate shall be suspended or denied, 9 as applicable, pending review by the Department. Upon the 10 failure of an agency to pass an inspection, animal euthanasia 11 must be performed by a licensed veterinarian or at another 12 certified euthanasia agency. A euthanasia agency that fails 13 to pass an inspection is subject to penalty. Upon notice of 14 failure to pass an inspection, a euthanasia agency shall have 15 30 days to appeal the inspection results. On appeal, the 16 euthanasia agency shall have the right to an inspection 17 review or to a new inspection in accordance with procedures 18 adopted by the Department. 19 Section 100. Investigations; notice and hearing. 20 (a) The Department may investigate the actions of an 21 applicant or an animal shelter or animal control facility 22 holding or claiming to hold a certificate. 23 (b) Before refusing to issue or renew a certificate or 24 disciplining a certified euthanasia agency or technician, 25 the Department shall notify in writing the applicant, the 26 agency, or technician of the nature of the charges and that a 27 hearing will be held on the date designated, which shall be 28 at least 30 days after the date of the notice. The Department 29 shall direct the applicant, agency, or technician to file a 30 written answer to the Department under oath within 20 days 31 after the service of the notice and inform the applicant, 32 agency, or technician that failure to file an answer will HB2391 Enrolled -12- LRB9205784LBpc 1 result in default being taken against the applicant, agency, 2 or technician and that the certificate may be suspended, 3 revoked, placed on probationary status, or other disciplinary 4 action may be taken, including limiting the scope, nature, or 5 extent of business as the Director may deem proper. Written 6 notice may be served by personal delivery or certified or 7 registered mail sent to the respondent at the most recent 8 address on record with the Department. 9 If the applicant, agency, or technician fails to file an 10 answer after receiving notice, the certification may, in the 11 discretion of the Department, be suspended, revoked, or 12 placed on probationary status, or the Department may take 13 whatever disciplinary action it deems proper including 14 imposing a civil penalty, without a hearing if the act or 15 acts charged constitute sufficient ground for such action 16 under this Act. 17 At the time and place fixed in the notice, the Department 18 shall proceed to hear the charges, and the parties or their 19 counsel shall be accorded ample opportunity to present such 20 statements, testimony, evidence, and argument as may be 21 pertinent to the charges or to their defense. The Department 22 may continue a hearing from time to time. 23 Section 105. Stenographer; transcript. The Department, 24 at its expense, shall preserve a record of all proceedings at 25 the formal hearing of any case involving the refusal to issue 26 or renew a certificate or the discipline of a certified 27 euthanasia technician. The notice of hearing, complaint, and 28 all other documents in the nature of pleadings, written 29 motions filed in the proceedings, the transcript of 30 testimony, the report of the hearing officer, and the order 31 of the Department shall be the record of the proceeding. 32 Section 110. Compelling testimony. A circuit court may, HB2391 Enrolled -13- LRB9205784LBpc 1 upon application of the Department or its designee or of the 2 applicant, agency, or technician against whom proceedings are 3 pending, enter an order requiring the attendance of witnesses 4 and their testimony and the production of documents, papers, 5 files, books, and records in connection with any hearing or 6 investigation. The court may compel obedience to its order 7 by proceedings for contempt. 8 Section 115. Findings and recommendations. At the 9 conclusion of the hearing, the hearing officer shall present 10 to the Director a written report of its findings and 11 recommendations. The report shall contain a finding of 12 whether or not the accused applicant, agency, or technician 13 violated this Act or failed to comply with the conditions 14 required in this Act. The hearing officer shall specify the 15 nature of the violation or failure to comply, and shall make 16 its recommendations to the Director. 17 The report of the findings and recommendations of the 18 hearing officer shall be the basis for the Department's order 19 of refusal or for the granting of certification unless the 20 Director determines that the hearing officer's report is 21 contrary to the manifest weight of the evidence, in which 22 case the Director may issue an order in contravention of the 23 hearing officer's report. The finding is not admissible in 24 evidence against the applicant, agency, or technician in a 25 criminal prosecution brought for the violation of this Act, 26 but the hearing and finding are not a bar to a criminal 27 prosecution brought for the violation of this Act. 28 Section 120. Rehearing on motion. In a case involving 29 the refusal to issue or renew a certificate or the discipline 30 of a certified agency or technician, a copy of the hearing 31 officer's report shall be served upon the respondent by the 32 Department, either personally or as provided in this Act for HB2391 Enrolled -14- LRB9205784LBpc 1 the service of the notice of hearing. Within 20 days after 2 such service, the respondent may present to the Department a 3 motion in writing for a rehearing, which shall specify the 4 particular grounds for rehearing. If no motion for rehearing 5 is filed, then upon the expiration of the time specified for 6 filing the motion, or if a motion for rehearing is denied, 7 then upon such denial the Director may enter an order in 8 accordance with recommendations of the hearing officer except 9 as provided in Section 125 of this Act. If the respondent 10 shall order from the reporting service and pay for a 11 transcript of the record with the time for filing a motion 12 for rehearing, the 20 day period within which such a motion 13 may be filed shall commence upon the delivery of the 14 transcript to the respondent. 15 Section 125. Rehearing on order of Director. Whenever 16 the Director is satisfied that substantial justice has not 17 been done in the revocation or suspension of a certification 18 or refusal to issue or renew a certificate, the Director may 19 order a rehearing. 20 Section 130. Hearing Officer. The Director has the 21 authority to appoint an attorney duly licensed to practice 22 law in this State to serve as the hearing officer in an 23 action for refusal to issue or renew a certificate or for the 24 discipline of a certified euthanasia agency or technician. 25 The hearing officer shall have full authority to conduct the 26 hearing. The hearing officer shall report his or her 27 findings and recommendations to the Director. 28 Section 135. Order or certified copy. An order or a 29 certified copy of an order, over the seal of the Department 30 and purporting to be signed by the Director, shall be prima 31 facie proof that: HB2391 Enrolled -15- LRB9205784LBpc 1 (1) the signature is the genuine signature of the 2 Director; and 3 (2) the Director is duly appointed and qualified. 4 This proof may be rebutted. 5 Section 140. Restoration of certificate. Any time after 6 the suspension or revocation of a certificate, the Department 7 may restore the certificate to the accused agency upon the 8 written recommendation of the Department unless, after an 9 investigation and a hearing, the Department determines that 10 restoration is not in the public interest. 11 Section 145. Surrender of certificate. Upon the 12 revocation or suspension of a certificate, the agency or 13 technician shall immediately surrender the certificate to the 14 Department, and if the agency or technician fails to do so, 15 the Department shall have the right to seize the certificate. 16 Section 150. Temporary suspension of a certificate. The 17 Director may temporarily suspend the certificate of a 18 euthanasia agency or euthanasia technician without a hearing, 19 simultaneously with the institution of proceedings for a 20 hearing, if the Director finds that evidence in his or her 21 possession indicates that the continued practice of the 22 certified euthanasia agency or technician would constitute 23 cruelty or an imminent danger to the public. If the Director 24 temporarily suspends the certificate without a hearing, a 25 hearing by the hearing officer must be held within 30 days of 26 the suspension. 27 Section 155. Administrative Law Review. All final 28 administrative decisions of the Department are subject to 29 judicial review pursuant to the provisions of the 30 Administrative Review Law, as now or hereafter amended, and HB2391 Enrolled -16- LRB9205784LBpc 1 all rules adopted pursuant to that Law. The term 2 "administrative decision" is defined as in Section 3-101 of 3 the Code of Civil Procedure. 4 Proceedings for judicial review shall be commenced in the 5 circuit court of the county in which the party applying for 6 relief resides, but if the party is not a resident of this 7 State, the venue shall be Sangamon County. 8 Section 160. Certification of record; costs. The 9 Department shall not be required to certify any record to the 10 court or file any answer in court or otherwise appear in a 11 court in a judicial review proceeding, unless there is filed 12 in the court, with the complaint, a receipt from the 13 Department acknowledging payment of the costs of furnishing 14 and certifying the record. Failure on the part of the 15 plaintiff to file a receipt in court shall be grounds for 16 dismissal of the action. 17 Section 165. Criminal penalties. An agency or 18 technician who is found to have violated a provision of this 19 Act is guilty of a Class A misdemeanor. On conviction of a 20 second or subsequent offense, the violator shall be guilty of 21 a Class 4 felony. 22 Section 170. Administrative Procedure Act. The Illinois 23 Administrative Procedure Act is hereby expressly adopted and 24 incorporated in this Act as if all of the provisions of that 25 Act were included in this Act, except that the provision of 26 subsection (d) of Section 10-65 of the Illinois 27 Administrative Procedure Act, which provides that at hearings 28 the license holder has the right to show compliance with all 29 lawful requirements for retention, continuation, or renewal 30 of a license, is specifically excluded. For the purposes of 31 this Act, the notice required under Section 10-25 of the HB2391 Enrolled -17- LRB9205784LBpc 1 Illinois Administrative Procedure Act is deemed sufficient 2 when mailed to the last known address of a party. 3 Section 175. Home rule. The regulation and 4 certification of euthanasia agencies and euthanasia 5 technicians are exclusive powers and functions of the State. 6 A home rule unit may not regulate or certify euthanasia 7 agencies or euthanasia technicians. This Section is a denial 8 and limitation of home rule powers and functions under 9 subsection (h) of Section 6 of Article VII of the Illinois 10 Constitution. 11 Section 180. Deposit of fees and fines. All of the fees 12 and civil penalties collected under this Act shall be 13 deposited into the General Professions Dedicated Fund and 14 shall be used by the Department for the ordinary and 15 contingent expenses of the Department. 16 Section 800. The Veterinary Medicine and Surgery 17 Practice Act of 1994 is amended by changing Section 4 as 18 follows: 19 (225 ILCS 115/4) (from Ch. 111, par. 7004) 20 Sec. 4. Exemptions. Nothing in this Act shall apply to 21 any of the following: 22 (1) Veterinarians employed by the Federal Government 23 while actually engaged in their official duties. 24 (2) Licensed veterinarians from other states who are 25 invited to Illinois for consultation or lecturing. 26 (3) Veterinarians employed by colleges or universities 27 or by state agencies, while engaged in the performance of 28 their official duties. 29 (4) Veterinary students in an approved college, 30 university, department of a university or other institution HB2391 Enrolled -18- LRB9205784LBpc 1 of veterinary medicine and surgery while in the performance 2 of duties assigned by their instructors. 3 (5) Any person engaged in bona fide scientific research 4 which requires the use of animals. 5 (6) The dehorning, castration, emasculation or docking 6 of cattle, horses, sheep, goats and swine in the course or 7 exchange of work for which no monetary compensation is paid 8 or to artificial insemination and the drawing of semen. Nor 9 shall this Act be construed to prohibit any person from 10 administering, in a humane manner, medicinal or surgical 11 treatment to any animal belonging to such person, unless 12 title has been transferred for the purpose of circumventing 13 this Act. However, any such services shall comply with the 14 Humane Care for Animals Act. 15 (7) Members of other licensed professions or any other 16 individuals when called for consultation and assistance by a 17 veterinarian licensed in the State of Illinois and who act 18 under the supervision, direction, and control of the 19 veterinarian, as further defined by rule of the Department. 20 (8) Certified euthanasia technicians. 21 (Source: P.A. 90-52, eff. 7-3-97.) 22 Section 900. The Animal Control Act is amended by 23 changing Section 11 as follows: 24 (510 ILCS 5/11) (from Ch. 8, par. 361) 25 Sec. 11. When not redeemed by the owner, a dog thatwhich26 has been impounded for failure to be inoculated and 27 registered, if applicable, in accordance with the provisions 28 of this Act or a cat that has been impounded shall be 29 humanely dispatched pursuant to the Humane Euthanasia in 30 Animal Shelters Act or,offered for adoption, or otherwise31disposed of by the pound as a stray dog in accordance with32laws that exist or may hereafter exist. An animal pound or HB2391 Enrolled -19- LRB9205784LBpc 1 animal shelter shall not release any dog or cat when not 2 redeemed by the owner unless the animal has been surgically 3 rendered incapable of reproduction by spaying or neutering, 4 or the person wishing to adopt an animal prior to the 5 surgical procedures having been performed shall have executed 6 a written agreement promising to have such service performed 7 within a specified period of time not to exceed 60 days. 8 Failure to fulfill the terms of the agreement shall result in 9 seizure and impoundment of the animal by the animal pound or 10 shelter, and any monies which have been deposited shall be 11 forfeited. This Act shall not prevent humane societies from 12 engaging in activities set forth by their charters; provided, 13 they are not inconsistent with provisions of this Act and 14 other existing laws. Any person purchasing or adopting such 15 dog, with or without charge or donation, must pay for the 16 rabies inoculation of such dog and registration if 17 applicable. 18 (Source: P.A. 83-740.) 19 Section 905. The Illinois Controlled Substances Act is 20 amended by changing Section 102 as follows: 21 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) 22 Sec. 102. Definitions. As used in this Act, unless the 23 context otherwise requires: 24 (a) "Addict" means any person who habitually uses any 25 drug, chemical, substance or dangerous drug other than 26 alcohol so as to endanger the public morals, health, safety 27 or welfare or who is so far addicted to the use of a 28 dangerous drug or controlled substance other than alcohol as 29 to have lost the power of self control with reference to his 30 addiction. 31 (b) "Administer" means the direct application of a 32 controlled substance, whether by injection, inhalation, HB2391 Enrolled -20- LRB9205784LBpc 1 ingestion, or any other means, to the body of a patient or 2 research subject by: 3 (1) a practitioner (or, in his presence, by his 4 authorized agent), or 5 (2) the patient or research subject at the lawful 6 direction of the practitioner. 7 (c) "Agent" means an authorized person who acts on 8 behalf of or at the direction of a manufacturer, distributor, 9 or dispenser. It does not include a common or contract 10 carrier, public warehouseman or employee of the carrier or 11 warehouseman. 12 (c-1) "Anabolic Steroids" means any drug or hormonal 13 substance, chemically and pharmacologically related to 14 testosterone (other than estrogens, progestins, and 15 corticosteroids) that promotes muscle growth, and includes: 16 (i) boldenone, 17 (ii) chlorotestosterone, 18 (iii) chostebol, 19 (iv) dehydrochlormethyltestosterone, 20 (v) dihydrotestosterone, 21 (vi) drostanolone, 22 (vii) ethylestrenol, 23 (viii) fluoxymesterone, 24 (ix) formebulone, 25 (x) mesterolone, 26 (xi) methandienone, 27 (xii) methandranone, 28 (xiii) methandriol, 29 (xiv) methandrostenolone, 30 (xv) methenolone, 31 (xvi) methyltestosterone, 32 (xvii) mibolerone, 33 (xviii) nandrolone, 34 (xix) norethandrolone, HB2391 Enrolled -21- LRB9205784LBpc 1 (xx) oxandrolone, 2 (xxi) oxymesterone, 3 (xxii) oxymetholone, 4 (xxiii) stanolone, 5 (xxiv) stanozolol, 6 (xxv) testolactone, 7 (xxvi) testosterone, 8 (xxvii) trenbolone, and 9 (xxviii) any salt, ester, or isomer of a drug 10 or substance described or listed in this paragraph, 11 if that salt, ester, or isomer promotes muscle 12 growth. 13 Any person who is otherwise lawfully in possession of an 14 anabolic steroid, or who otherwise lawfully manufactures, 15 distributes, dispenses, delivers, or possesses with intent to 16 deliver an anabolic steroid, which anabolic steroid is 17 expressly intended for and lawfully allowed to be 18 administered through implants to livestock or other nonhuman 19 species, and which is approved by the Secretary of Health and 20 Human Services for such administration, and which the person 21 intends to administer or have administered through such 22 implants, shall not be considered to be in unauthorized 23 possession or to unlawfully manufacture, distribute, 24 dispense, deliver, or possess with intent to deliver such 25 anabolic steroid for purposes of this Act. 26 (d) "Administration" means the Drug Enforcement 27 Administration, United States Department of Justice, or its 28 successor agency. 29 (e) "Control" means to add a drug or other substance, or 30 immediate precursor, to a Schedule under Article II of this 31 Act whether by transfer from another Schedule or otherwise. 32 (f) "Controlled Substance" means a drug, substance, or 33 immediate precursor in the Schedules of Article II of this 34 Act. HB2391 Enrolled -22- LRB9205784LBpc 1 (g) "Counterfeit substance" means a controlled 2 substance, which, or the container or labeling of which, 3 without authorization bears the trademark, trade name, or 4 other identifying mark, imprint, number or device, or any 5 likeness thereof, of a manufacturer, distributor, or 6 dispenser other than the person who in fact manufactured, 7 distributed, or dispensed the substance. 8 (h) "Deliver" or "delivery" means the actual, 9 constructive or attempted transfer of possession of a 10 controlled substance, with or without consideration, whether 11 or not there is an agency relationship. 12 (i) "Department" means the Illinois Department of Human 13 Services (as successor to the Department of Alcoholism and 14 Substance Abuse) or its successor agency. 15 (j) "Department of State Police" means the Department of 16 State Police of the State of Illinois or its successor 17 agency. 18 (k) "Department of Corrections" means the Department of 19 Corrections of the State of Illinois or its successor agency. 20 (l) "Department of Professional Regulation" means the 21 Department of Professional Regulation of the State of 22 Illinois or its successor agency. 23 (m) "Depressant" or "stimulant substance" means: 24 (1) a drug which contains any quantity of (i) 25 barbituric acid or any of the salts of barbituric acid 26 which has been designated as habit forming under section 27 502 (d) of the Federal Food, Drug, and Cosmetic Act (21 28 U.S.C. 352 (d)); or 29 (2) a drug which contains any quantity of (i) 30 amphetamine or methamphetamine and any of their optical 31 isomers; (ii) any salt of amphetamine or methamphetamine 32 or any salt of an optical isomer of amphetamine; or (iii) 33 any substance which the Department, after investigation, 34 has found to be, and by rule designated as, habit forming HB2391 Enrolled -23- LRB9205784LBpc 1 because of its depressant or stimulant effect on the 2 central nervous system; or 3 (3) lysergic acid diethylamide; or 4 (4) any drug which contains any quantity of a 5 substance which the Department, after investigation, has 6 found to have, and by rule designated as having, a 7 potential for abuse because of its depressant or 8 stimulant effect on the central nervous system or its 9 hallucinogenic effect. 10 (n) (Blank). 11 (o) "Director" means the Director of the Department of 12 State Police or the Department of Professional Regulation or 13 his designated agents. 14 (p) "Dispense" means to deliver a controlled substance 15 to an ultimate user or research subject by or pursuant to the 16 lawful order of a prescriber, including the prescribing, 17 administering, packaging, labeling, or compounding necessary 18 to prepare the substance for that delivery. 19 (q) "Dispenser" means a practitioner who dispenses. 20 (r) "Distribute" means to deliver, other than by 21 administering or dispensing, a controlled substance. 22 (s) "Distributor" means a person who distributes. 23 (t) "Drug" means (1) substances recognized as drugs in 24 the official United States Pharmacopoeia, Official 25 Homeopathic Pharmacopoeia of the United States, or official 26 National Formulary, or any supplement to any of them; (2) 27 substances intended for use in diagnosis, cure, mitigation, 28 treatment, or prevention of disease in man or animals; (3) 29 substances (other than food) intended to affect the structure 30 of any function of the body of man or animals and (4) 31 substances intended for use as a component of any article 32 specified in clause (1), (2), or (3) of this subsection. It 33 does not include devices or their components, parts, or 34 accessories. HB2391 Enrolled -24- LRB9205784LBpc 1 (t-5) "Euthanasia agency" means an entity certified by 2 the Department of Professional Regulation for the purpose of 3 animal euthanasia that holds an animal control facility 4 license or animal shelter license under the Animal Welfare 5 Act. A euthanasia agency is authorized to purchase, store, 6 possess, and utilize Schedule II nonnarcotic and Schedule III 7 nonnarcotic drugs for the sole purpose of animal euthanasia. 8 (u) "Good faith" means the prescribing or dispensing of 9 a controlled substance by a practitioner in the regular 10 course of professional treatment to or for any person who is 11 under his treatment for a pathology or condition other than 12 that individual's physical or psychological dependence upon 13 or addiction to a controlled substance, except as provided 14 herein: and application of the term to a pharmacist shall 15 mean the dispensing of a controlled substance pursuant to the 16 prescriber's order which in the professional judgment of the 17 pharmacist is lawful. The pharmacist shall be guided by 18 accepted professional standards including, but not limited to 19 the following, in making the judgment: 20 (1) lack of consistency of doctor-patient 21 relationship, 22 (2) frequency of prescriptions for same drug by one 23 prescriber for large numbers of patients, 24 (3) quantities beyond those normally prescribed, 25 (4) unusual dosages, 26 (5) unusual geographic distances between patient, 27 pharmacist and prescriber, 28 (6) consistent prescribing of habit-forming drugs. 29 (u-1) "Home infusion services" means services provided 30 by a pharmacy in compounding solutions for direct 31 administration to a patient in a private residence, long-term 32 care facility, or hospice setting by means of parenteral, 33 intravenous, intramuscular, subcutaneous, or intraspinal 34 infusion. HB2391 Enrolled -25- LRB9205784LBpc 1 (v) "Immediate precursor" means a substance: 2 (1) which the Department has found to be and by 3 rule designated as being a principal compound used, or 4 produced primarily for use, in the manufacture of a 5 controlled substance; 6 (2) which is an immediate chemical intermediary 7 used or likely to be used in the manufacture of such 8 controlled substance; and 9 (3) the control of which is necessary to prevent, 10 curtail or limit the manufacture of such controlled 11 substance. 12 (w) "Instructional activities" means the acts of 13 teaching, educating or instructing by practitioners using 14 controlled substances within educational facilities approved 15 by the State Board of Education or its successor agency. 16 (x) "Local authorities" means a duly organized State, 17 County or Municipal peace unit or police force. 18 (y) "Look-alike substance" means a substance, other than 19 a controlled substance which (1) by overall dosage unit 20 appearance, including shape, color, size, markings or lack 21 thereof, taste, consistency, or any other identifying 22 physical characteristic of the substance, would lead a 23 reasonable person to believe that the substance is a 24 controlled substance, or (2) is expressly or impliedly 25 represented to be a controlled substance or is distributed 26 under circumstances which would lead a reasonable person to 27 believe that the substance is a controlled substance. For the 28 purpose of determining whether the representations made or 29 the circumstances of the distribution would lead a reasonable 30 person to believe the substance to be a controlled substance 31 under this clause (2) of subsection (y), the court or other 32 authority may consider the following factors in addition to 33 any other factor that may be relevant: 34 (a) statements made by the owner or person in HB2391 Enrolled -26- LRB9205784LBpc 1 control of the substance concerning its nature, use or 2 effect; 3 (b) statements made to the buyer or recipient that 4 the substance may be resold for profit; 5 (c) whether the substance is packaged in a manner 6 normally used for the illegal distribution of controlled 7 substances; 8 (d) whether the distribution or attempted 9 distribution included an exchange of or demand for money 10 or other property as consideration, and whether the 11 amount of the consideration was substantially greater 12 than the reasonable retail market value of the substance. 13 Clause (1) of this subsection (y) shall not apply to a 14 noncontrolled substance in its finished dosage form that was 15 initially introduced into commerce prior to the initial 16 introduction into commerce of a controlled substance in its 17 finished dosage form which it may substantially resemble. 18 Nothing in this subsection (y) prohibits the dispensing 19 or distributing of noncontrolled substances by persons 20 authorized to dispense and distribute controlled substances 21 under this Act, provided that such action would be deemed to 22 be carried out in good faith under subsection (u) if the 23 substances involved were controlled substances. 24 Nothing in this subsection (y) or in this Act prohibits 25 the manufacture, preparation, propagation, compounding, 26 processing, packaging, advertising or distribution of a drug 27 or drugs by any person registered pursuant to Section 510 of 28 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). 29 (y-1) "Mail-order pharmacy" means a pharmacy that is 30 located in a state of the United States, other than Illinois, 31 that delivers, dispenses or distributes, through the United 32 States Postal Service or other common carrier, to Illinois 33 residents, any substance which requires a prescription. 34 (z) "Manufacture" means the production, preparation, HB2391 Enrolled -27- LRB9205784LBpc 1 propagation, compounding, conversion or processing of a 2 controlled substance, either directly or indirectly, by 3 extraction from substances of natural origin, or 4 independently by means of chemical synthesis, or by a 5 combination of extraction and chemical synthesis, and 6 includes any packaging or repackaging of the substance or 7 labeling of its container, except that this term does not 8 include: 9 (1) by an ultimate user, the preparation or 10 compounding of a controlled substance for his own use; or 11 (2) by a practitioner, or his authorized agent 12 under his supervision, the preparation, compounding, 13 packaging, or labeling of a controlled substance: 14 (a) as an incident to his administering or 15 dispensing of a controlled substance in the course 16 of his professional practice; or 17 (b) as an incident to lawful research, 18 teaching or chemical analysis and not for sale. 19 (z-1) "Methamphetamine manufacturing chemical" means any 20 of the following chemicals or substances containing any of 21 the following chemicals: benzyl methyl ketone, ephedrine, 22 methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or 23 pseudoephedrine or any of the salts, optical isomers, or 24 salts of optical isomers of the above-listed chemicals. 25 (aa) "Narcotic drug" means any of the following, whether 26 produced directly or indirectly by extraction from substances 27 of natural origin, or independently by means of chemical 28 synthesis, or by a combination of extraction and chemical 29 synthesis: 30 (1) opium and opiate, and any salt, compound, 31 derivative, or preparation of opium or opiate; 32 (2) any salt, compound, isomer, derivative, or 33 preparation thereof which is chemically equivalent or 34 identical with any of the substances referred to in HB2391 Enrolled -28- LRB9205784LBpc 1 clause (1), but not including the isoquinoline alkaloids 2 of opium; 3 (3) opium poppy and poppy straw; 4 (4) coca leaves and any salts, compound, isomer, 5 salt of an isomer, derivative, or preparation of coca 6 leaves including cocaine or ecgonine, and any salt, 7 compound, isomer, derivative, or preparation thereof 8 which is chemically equivalent or identical with any of 9 these substances, but not including decocainized coca 10 leaves or extractions of coca leaves which do not contain 11 cocaine or ecgonine (for the purpose of this paragraph, 12 the term "isomer" includes optical, positional and 13 geometric isomers). 14 (bb) "Nurse" means a registered nurse licensed under the 15 Nursing and Advanced Practice Nursing Act. 16 (cc) (Blank). 17 (dd) "Opiate" means any substance having an addiction 18 forming or addiction sustaining liability similar to morphine 19 or being capable of conversion into a drug having addiction 20 forming or addiction sustaining liability. 21 (ee) "Opium poppy" means the plant of the species 22 Papaver somniferum L., except its seeds. 23 (ff) "Parole and Pardon Board" means the Parole and 24 Pardon Board of the State of Illinois or its successor 25 agency. 26 (gg) "Person" means any individual, corporation, 27 mail-order pharmacy, government or governmental subdivision 28 or agency, business trust, estate, trust, partnership or 29 association, or any other entity. 30 (hh) "Pharmacist" means any person who holds a 31 certificate of registration as a registered pharmacist, a 32 local registered pharmacist or a registered assistant 33 pharmacist under the Pharmacy Practice Act of 1987. 34 (ii) "Pharmacy" means any store, ship or other place in HB2391 Enrolled -29- LRB9205784LBpc 1 which pharmacy is authorized to be practiced under the 2 Pharmacy Practice Act of 1987. 3 (jj) "Poppy straw" means all parts, except the seeds, of 4 the opium poppy, after mowing. 5 (kk) "Practitioner" means a physician licensed to 6 practice medicine in all its branches, dentist, podiatrist, 7 veterinarian, scientific investigator, pharmacist, physician 8 assistant, advanced practice nurse, licensed practical nurse, 9 registered nurse, hospital, laboratory, or pharmacy, or other 10 person licensed, registered, or otherwise lawfully permitted 11 by the United States or this State to distribute, dispense, 12 conduct research with respect to, administer or use in 13 teaching or chemical analysis, a controlled substance in the 14 course of professional practice or research. 15 (ll) "Pre-printed prescription" means a written 16 prescription upon which the designated drug has been 17 indicated prior to the time of issuance. 18 (mm) "Prescriber" means a physician licensed to practice 19 medicine in all its branches, dentist, podiatrist or 20 veterinarian who issues a prescription, a physician assistant 21 who issues a prescription for a Schedule III, IV, or V 22 controlled substance in accordance with Section 303.05 and 23 the written guidelines required under Section 7.5 of the 24 Physician Assistant Practice Act of 1987, or an advanced 25 practice nurse with prescriptive authority in accordance with 26 Section 303.05 and a written collaborative agreement under 27 Sections 15-15 and 15-20 of the Nursing and Advanced Practice 28 Nursing Act. 29 (nn) "Prescription" means a lawful written, facsimile, 30 or verbal order of a physician licensed to practice medicine 31 in all its branches, dentist, podiatrist or veterinarian for 32 any controlled substance, of a physician assistant for a 33 Schedule III, IV, or V controlled substance in accordance 34 with Section 303.05 and the written guidelines required under HB2391 Enrolled -30- LRB9205784LBpc 1 Section 7.5 of the Physician Assistant Practice Act of 1987, 2 or of an advanced practice nurse who issues a prescription 3 for a Schedule III, IV, or V controlled substance in 4 accordance with Section 303.05 and a written collaborative 5 agreement under Sections 15-15 and 15-20 of the Nursing and 6 Advanced Practice Nursing Act. 7 (oo) "Production" or "produce" means manufacture, 8 planting, cultivating, growing, or harvesting of a controlled 9 substance. 10 (pp) "Registrant" means every person who is required to 11 register under Section 302 of this Act. 12 (qq) "Registry number" means the number assigned to each 13 person authorized to handle controlled substances under the 14 laws of the United States and of this State. 15 (rr) "State" includes the State of Illinois and any 16 state, district, commonwealth, territory, insular possession 17 thereof, and any area subject to the legal authority of the 18 United States of America. 19 (ss) "Ultimate user" means a person who lawfully 20 possesses a controlled substance for his own use or for the 21 use of a member of his household or for administering to an 22 animal owned by him or by a member of his household. 23 (Source: P.A. 90-116, eff. 7-14-97; 90-742, eff. 8-13-98; 24 90-818, eff. 3-23-99; 91-403, eff. 1-1-00; 91-714, eff. 25 6-2-00.)