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92_HB2391sam001
LRB9205784LDpram
1 AMENDMENT TO HOUSE BILL 2391
2 AMENDMENT NO. . Amend House Bill 2391 by replacing
3 everything after the enacting clause with the following:
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 IIN or Schedule IIIN
21 substances (nonnarcotic controlled substances) as set forth
22 in the Illinois Controlled Substances Act that are used by a
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1 euthanasia agency for the purpose of animal euthanasia.
2 "Euthanasia technician" or "technician" means a person
3 employed by a euthanasia agency or working under the direct
4 supervision of a veterinarian and who is certified by the
5 Department.
6 "Veterinarian" means a person holding the degree of
7 Doctor of Veterinary Medicine who is licensed under the
8 Veterinary Medicine and Surgery Practice Act of 1994.
9 Section 10. Certification requirement, exemptions.
10 (a) No person shall euthanize animals in an animal
11 shelter or animal control facility without possessing a
12 certificate issued by the Department under this Act.
13 (b) Nothing in this Act shall be construed as preventing
14 a licensed veterinarian or an instructor during an approved
15 course from humanely euthanizing animals in animal shelters
16 or animal control facilities.
17 Section 15. Powers and duties of the Department.
18 (a) The Department shall exercise the powers and duties
19 prescribed by the Civil Administrative Code of Illinois for
20 the administration of licensure Acts and shall exercise other
21 powers and duties necessary for effectuating the purposes of
22 this Act.
23 (b) The Department may adopt rules to administer and
24 enforce this Act including, but not limited to, setting fees
25 for original certification and renewal and restoration of
26 certification, and may prescribe forms to be issued to
27 implement this Act. At a minimum, the rules adopted by the
28 Department shall include standards and criteria for
29 certification and for professional conduct and discipline.
30 Section 20. Application for original certification.
31 Applications for original certification shall be made to the
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1 Department in writing, shall be signed by the applicant on
2 forms prescribed by the Department, and shall be accompanied
3 by a nonrefundable fee set by rule. The Department may
4 require information from the applicant that, in its judgment,
5 will enable the Department to determine the qualifications of
6 the applicant for certification.
7 Section 25. Euthanasia agency.
8 (a) To be certified as a euthanasia agency, an entity
9 must apply to the Department, hold a license under the Animal
10 Welfare Act as an animal control facility or an animal
11 shelter, pay the required fee, and agree to:
12 (1) Keep euthanasia drugs in a securely locked
13 cabinet or a metal safe when not in use. A temporary
14 storage cabinet may be used when a euthanasia technician
15 is on duty and animals are being euthanized during the
16 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) The Department may inspect the facility prior to the
26 issuance of the certification.
27 (c) The euthanasia agency shall notify the Department in
28 writing within 30 days of the time that the employment of a
29 euthanasia technician is terminated from the euthanasia
30 agency.
31 Section 35. Technician certification; duties.
32 (a) An applicant for certification as a euthanasia
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1 technician shall file an application with the Department and
2 shall:
3 (1) Be 18 years of age.
4 (2) Be of good moral character. In determining
5 moral character under this Section, the Department may
6 take into consideration whether the applicant has engaged
7 in conduct or activities that would constitute grounds
8 for discipline under this Act.
9 (3) Submit fingerprints to the Illinois State
10 Police or its designated vendor as set forth by rule.
11 These fingerprints shall be checked against the Illinois
12 State Police and Federal Bureau of Investigation criminal
13 history record databases. A separate fee shall be
14 charged to the applicant for fingerprinting, payable
15 either to the Department or the Illinois State Police or
16 its designated vendor.
17 (4) Hold a current license or certification from
18 the American Humane Association, the National Animal
19 Control Association, the Illinois Federation of Humane
20 Societies, or the Humane Society of the United States.
21 (5) Pay the required fee.
22 (b) The duties of a euthanasia technician shall include
23 but are not limited to:
24 (1) preparing animals for euthanasia and scanning
25 each animal, prior to euthanasia, for microchips;
26 (2) accurately recording the dosages administered
27 and the amount of drugs wasted;
28 (3) ordering supplies;
29 (4) maintaining the security of all controlled
30 substances and drugs;
31 (5) humanely euthanizing animals via intravenous
32 injection by hypodermic needle, intraperitoneal injection
33 by hypodermic needle, solutions or powder added to food
34 or by mouth, intracardiac injection only on comatose
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1 animals by hypodermic needle, or carbon monoxide in a
2 commercially manufactured chamber; and
3 (6) properly disposing of euthanized animals after
4 verification of death.
5 (c) Upon termination from a euthanasia agency, a
6 euthanasia technician shall not perform animal euthanasia
7 until he or she is employed by another certified euthanasia
8 agency.
9 (d) A certified euthanasia technician or an instructor
10 in an approved course does not engage in the practice of
11 veterinary medicine when performing duties set forth in this
12 Act.
13 Section 40. Issuance of certificate. The Department
14 shall begin issuing certificates under this Act within one
15 year after the effective date of this Act. The Department
16 shall issue a certificate to an applicant who has met the
17 requirements and has paid the required application fee.
18 Section 45. Certifications; renewal; restoration; person
19 in military service; inactive status.
20 (a) The expiration date, renewal period, renewal fees,
21 and procedures for renewal of each certification issued under
22 this Act shall be set by rule.
23 (b) Any person who has permitted a certification to
24 expire or who has a certification on inactive status may have
25 it restored by submitting an application to the Department
26 and filing proof of fitness, as defined by rule, to have the
27 certification restored, including, if appropriate, evidence
28 that is satisfactory to the Department certifying active
29 practice in another jurisdiction and by paying the required
30 fee.
31 (c) If the person has not maintained an active practice
32 in another jurisdiction that is satisfactory to the
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1 Department, the Department shall determine the person's
2 fitness to resume active status.
3 (d) Any person whose license expired while on active
4 duty with the armed forces of the United States, while called
5 into service or training with the State Militia or in
6 training or education under the supervision of the United
7 States government prior to induction into the military
8 service, however, may have his or her certification restored
9 without paying any renewal fees if, within 2 years after the
10 termination of that service, training, or education, except
11 under conditions other than honorable, the Department is
12 furnished with satisfactory evidence that the person has been
13 so engaged and that the service, training, or education has
14 been so terminated.
15 (e) A certificate holder may place his or her
16 certification on inactive status and shall be excused from
17 paying renewal fees until he or she notifies the Department
18 in writing of the intention to resume active practice. A
19 certificate holder who is on inactive status shall not
20 practice while the certificate is in inactive status.
21 Section 50. Grandfathering provision. The Department
22 may issue certification to a euthanasia technician who
23 presents proof in a manner established by the Department that
24 he or she has been licensed or certified by the American
25 Humane Association, the National Animal Control Association,
26 the Illinois Federation of Humane Societies, or the Humane
27 Society of the United States, within the 5 years preceding
28 the effective date of this Act.
29 Section 55. Endorsement. An applicant, who is a
30 euthanasia technician registered or licensed under the laws
31 of another state or territory of the United States that has
32 requirements that are substantially similar to the
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1 requirements of this Act, may be granted certification as a
2 euthanasia technician in this State without examination, upon
3 presenting satisfactory proof to the Department that the
4 applicant has been engaged in the practice of euthanasia for
5 a period of not less than one year and upon payment of the
6 required fee.
7 Section 60. Fees; returned checks. An agency or person
8 who delivers a check or other payment to the Department that
9 is returned to the Department unpaid by the financial
10 institution upon which it is drawn shall pay to the
11 Department, in addition to the amount already owed to the
12 Department a fine of $50. If the check or other payment was
13 for a renewal or issuance fee and that agency operates
14 without paying the renewal or issuance fee and the fine due,
15 an additional fine of $100 shall be imposed. The fines
16 imposed by this Section are in addition to any other
17 discipline provided under this Act. The Director may waive
18 the fines due under this Section in individual cases where
19 the Director finds that the fines would be unreasonable or
20 unnecessarily burdensome.
21 Section 65. Refused issuance, suspension or revocation
22 of certification. The Department may refuse to issue, renew,
23 or restore a certification or may revoke or suspend a
24 certification, or place on probation, reprimand, impose a
25 fine not to exceed $1,000 for each violation, or take other
26 disciplinary action as the Department may deem proper with
27 regard to a certified euthanasia agency or a certified
28 euthanasia technician for any one or combination of the
29 following reasons:
30 (1) failing to carry out the duties of a euthanasia
31 technician;
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1 (2) abusing the use of any chemical substance;
2 (3) selling, stealing, or giving chemical substances
3 away;
4 (4) abetting anyone in the activities listed in this
5 subsection; or
6 (5) violating any provision of this Act, the Illinois
7 Controlled Substances Act, the rules adopted under these Acts
8 or any rules adopted by the Department of Professional
9 Regulation concerning the euthanizing of animals.
10 Section 70. Procedures for euthanasia.
11 (a) Only euthanasia drugs and commercially compressed
12 carbon monoxide, subject to the limitations imposed under
13 subsection (b) of this Section, shall be used for the purpose
14 of humanely euthanizing injured, sick, homeless, or unwanted
15 companion animals in an animal shelter or an animal control
16 facility licensed under the Illinois Animal Welfare Act.
17 (b) Commercially compressed carbon monoxide may be used
18 as a permitted method of euthanasia provided that it is
19 performed in a commercially manufactured chamber pursuant to
20 the guidelines set forth in the most recent report of the
21 AVMA Panel on Euthanasia. A chamber that is designed to
22 euthanize more than one animal at a time must be equipped
23 with independent sections or cages to separate incompatible
24 animals. The interior of the chamber must be well lit and
25 equipped with view-ports, a regulator, and a flow meter.
26 Monitoring equipment must be used at all times during the
27 operation. Animals that are under 4 months of age, old,
28 injured, or sick may not be euthanized by carbon monoxide.
29 Animals shall remain in the chamber and be exposed for a
30 minimum of 20 minutes. Staff members shall be fully notified
31 of potential health risks.
32 Section 75. Procurement and administration of drugs.
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1 (a) A euthanasia agency may purchase, store, and possess
2 drugs for the euthanasization of animals upon obtaining from
3 the Department an Illinois controlled substances license
4 pursuant to the Illinois Controlled Substances Act and a
5 controlled substance license issued by the Drug Enforcement
6 Administration pursuant to the federal Controlled Substances
7 Act.
8 (b) A euthanasia technician employed by a euthanasia
9 agency may perform euthanasia by the administration of a
10 controlled substance. A euthanasia technician may not
11 personally possess, order, or administer a controlled
12 substance except as an agent of the euthanasia agency.
13 Section 80. Exemption from liability. An instructor of
14 euthanasia techniques or a veterinarian who engages in the
15 instructing of euthanasia technicians, in a course approved
16 by the Department, shall not incur any civil or criminal
17 liability for any subsequent misuse or malpractice of a
18 euthanasia technician who has attended the course.
19 Any veterinarian, who in good faith administers
20 euthanasia drugs to an animal in an animal control facility
21 or an animal shelter, has immunity from any liability, civil,
22 criminal, or otherwise, that may result from his or her
23 actions. For the purposes of any proceedings, civil or
24 criminal, the good faith of the veterinarian shall be
25 rebuttably presumed.
26 Section 85. Cease and desist order.
27 (a) If an agency or person violates a provision of this
28 Act, the Director may, in the name of the People of the State
29 of Illinois, through the Attorney General of the State of
30 Illinois, petition for an order enjoining the violation or
31 for an order enforcing compliance with this Act. Upon the
32 filing of a verified petition in court, the court may issue a
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1 temporary restraining order, without notice or bond, and may
2 preliminarily and permanently enjoin the violation, and if it
3 is established that the agency or person has violated or is
4 violating the injunction, the court may punish the offender
5 for contempt of court. Proceedings under this Section shall
6 be in addition to, and not in lieu of, all other remedies and
7 penalties provided by this Act.
8 (b) Whenever, in the opinion of the Department, an
9 agency violates a provision of this Act, the Department may
10 issue a rule to show cause why an order to cease and desist
11 should not be entered against the agency. The rule shall
12 clearly set forth the grounds relied upon by the Department
13 and shall provide a period of 7 days from the date of the
14 rule to file an answer to the satisfaction of the Department.
15 Failure to answer to the satisfaction of the Department shall
16 cause an order to cease and desist to be issued immediately.
17 Section 90. Uncertified practice; civil penalty.
18 (a) A person who practices, offers to practice, attempts
19 to practice, or holds himself or herself out as a certified
20 euthanasia technician or a certified euthanasia agency
21 without being certified under this Act shall, in addition to
22 any other penalty provided by law, pay a civil penalty to the
23 Department in an amount not to exceed $5,000 for each offense
24 as determined by the Department. The civil penalty shall be
25 assessed by the Department after a hearing is held in
26 accordance with the provisions set forth in this Act
27 regarding the provision of a hearing for the discipline of a
28 certified euthanasia technician or a certified euthanasia
29 agency. The civil penalty must be paid within 60 days after
30 the effective date of the order imposing the civil penalty.
31 The order shall constitute a judgment and may be filed and
32 executed in the same manner as any judgment from any court of
33 record.
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1 (b) The Department may investigate any uncertified
2 activity.
3 (c) Instructors teaching humane euthanasia techniques in
4 a course approved by the Board are exempt from the
5 certification process.
6 Section 95. Inspections. The Department may conduct
7 random inspections upon renewal, for cause, or as necessary
8 to assure the integrity and effectiveness of the
9 certification process. Upon failure to pass inspection, a
10 euthanasia agency's certificate shall be suspended or denied,
11 as applicable, pending review by the Department. Upon the
12 failure of an agency to pass an inspection, animal euthanasia
13 must be performed by a licensed veterinarian or at another
14 certified euthanasia agency. A euthanasia agency that fails
15 to pass an inspection is subject to penalty. Upon notice of
16 failure to pass an inspection, a euthanasia agency shall have
17 30 days to appeal the inspection results. On appeal, the
18 euthanasia agency shall have the right to an inspection
19 review or to a new inspection in accordance with procedures
20 adopted by the Department.
21 Section 100. Investigations; notice and hearing.
22 (a) The Department may investigate the actions of an
23 applicant or an animal shelter or animal control facility
24 holding or claiming to hold a certificate.
25 (b) Before refusing to issue or renew a certificate or
26 disciplining a certified euthanasia agency or technician,
27 the Department shall notify in writing the applicant, the
28 agency, or technician of the nature of the charges and that a
29 hearing will be held on the date designated, which shall be
30 at least 30 days after the date of the notice. The Department
31 shall direct the applicant, agency, or technician to file a
32 written answer to the Department under oath within 20 days
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1 after the service of the notice and inform the applicant,
2 agency, or technician that failure to file an answer will
3 result in default being taken against the applicant, agency,
4 or technician and that the certificate may be suspended,
5 revoked, placed on probationary status, or other disciplinary
6 action may be taken, including limiting the scope, nature, or
7 extent of business as the Director may deem proper. Written
8 notice may be served by personal delivery or certified or
9 registered mail sent to the respondent at the most recent
10 address on record with the Department.
11 If the applicant, agency, or technician fails to file an
12 answer after receiving notice, the certification may, in the
13 discretion or the Department, be suspended, revoked, or
14 placed on probationary status, or the Department may take
15 whatever disciplinary action it deems proper including
16 imposing a civil penalty, without a hearing if the act or
17 acts charged constitute sufficient ground for such action
18 under this Act.
19 At the time and place fixed in the notice, the Department
20 shall proceed to hear the charges, and the parties or their
21 counsel shall be accorded ample opportunity to present such
22 statements, testimony, evidence, and argument as may be
23 pertinent to the charges or to their defense. The Department
24 may continue a hearing from time to time.
25 Section 105. Stenographer; transcript. The Department,
26 at its expense, shall preserve a record of all proceedings at
27 the formal hearing of any case involving the refusal to issue
28 or renew a certificate or the discipline of a certified
29 euthanasia technician. The notice of hearing, complaint, and
30 all other documents in the nature of pleadings, written
31 motions filed in the proceedings, the transcript of
32 testimony, the report of the hearing officer, and the order
33 of the Department shall be the record of the proceeding.
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1 Section 110. Compelling testimony. A circuit court may,
2 upon application of the Department or its designee or of the
3 applicant, agency, or technician against whom proceedings are
4 pending, enter an order requiring the attendance of witnesses
5 and their testimony and the production of documents, papers,
6 files, books, and records in connection with any hearing or
7 investigation. The court may compel obedience to its order
8 by proceedings for contempt.
9 Section 115. Findings and recommendations. At the
10 conclusion of the hearing the hearing officer shall present
11 to the Director a written report of its findings and
12 recommendations. The report shall contain a finding of
13 whether or not the accused applicant, agency, or technician
14 violated this Act or failed to comply with the conditions
15 required in this Act. The hearing officer shall specify the
16 nature of the violation or failure to comply, and shall make
17 its recommendations to the Director.
18 The report of the findings and recommendations of the
19 hearing officer shall be the basis for the Department's order
20 of refusal or for the granting of certification unless the
21 Director determines that the hearing officer's report is
22 contrary to the manifest weight of the evidence, in which
23 case the Director may issue an order in contravention of the
24 hearing officer's report. The finding is not admissible in
25 evidence against the applicant, agency, or technician in a
26 criminal prosecution brought for the violation of this Act,
27 but the hearing and finding are not a bar to a criminal
28 prosecution brought for the violation of this Act.
29 Section 120. Rehearing on motion. In a case involving
30 the refusal to issue or renew a certificate or the discipline
31 of a certified agency or technician, a copy of the hearing
32 officer's report shall be served upon the respondent by the
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1 Department, either personally or as provided in this Act for
2 the service of the notice of hearing. Within 20 days after
3 such service, the respondent may present to the Department a
4 motion in writing for a rehearing, which shall specify the
5 particular grounds for rehearing. If no motion for rehearing
6 is filed, then upon the expiration of the time specified for
7 filing the motion, or if a motion for rehearing is denied,
8 then upon such denial the Director may enter an order in
9 accordance with recommendations of the hearing officer except
10 as provided in Section 125 of this Act. If the respondent
11 shall order from the reporting service and pay for a
12 transcript of the record with the time for filing a motion
13 for rehearing, the 20 day period within which such a motion
14 may be filed shall commence upon the delivery of the
15 transcript to the respondent.
16 Section 125. Rehearing on order of Director. Whenever
17 the Director is satisfied that substantial justice has not
18 been done in the revocation or suspension of a certification
19 or refusal to issue or renew a certificate, the Director may
20 order a rehearing.
21 Section 130. Hearing Officer. The Director has the
22 authority to appoint an attorney duly licensed to practice
23 law in this State to serve as the hearing officer in an
24 action for refusal to issue or renew a certificate or for the
25 discipline of a certified euthanasia agency or technician.
26 The hearing officer shall have full authority to conduct the
27 hearing. The hearing officer shall report his or her
28 findings and recommendations to the Director.
29 Section 135. Order or certified copy. An order or a
30 certified copy of an order, over the seal of the Department
31 and purporting to be signed by the Director, shall be prima
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1 facie proof that:
2 (1) the signature is the genuine signature of the
3 Director; and
4 (2) the Director is duly appointed and qualified;
5 This proof may be rebutted.
6 Section 140. Restoration of certificate. Any time after
7 the suspension or revocation of a certificate the Department
8 may restore the certificate to the accused agency upon the
9 written recommendation of the Department unless, after an
10 investigation and a hearing, the Department determines that
11 restoration is not in the public interest.
12 Section 145. Surrender of certificate. Upon the
13 revocation or suspension of a certificate, the agency or
14 technician shall immediately surrender the certificate to the
15 Department, and if the agency or technician fails to do so,
16 the Department shall have the right to seize the certificate.
17 Section 150. Temporary suspension of a certificate. The
18 Director may temporarily suspend the certificate of a
19 euthanasia agency or euthanasia technician without a hearing,
20 simultaneously with the institution of proceedings for a
21 hearing, if the Director finds that evidence in his or her
22 possession indicates that the continued practice of the
23 certified euthanasia agency or technician would constitute
24 cruelty or an imminent danger to the public. If the Director
25 temporarily suspends the certificate without a hearing, a
26 hearing by the Board must be held within 30 days of the
27 suspension.
28 Section 155. Administrative Law Review. All final
29 administrative decisions of the Department are subject to
30 judicial review pursuant to the provisions of the
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1 Administrative Review Law, as now or hereafter amended, and
2 all rules adopted pursuant to that Law. The term
3 "administrative decision" is defined as in Section 3-101 of
4 the Code of Civil Procedure.
5 Proceedings for judicial review shall be commenced in the
6 circuit court of the county in which the party applying for
7 relief resides, but if the party is not a resident of this
8 State, the venue shall be Sangamon County.
9 Section 160. Certification of record; costs. The
10 Department shall not be required to certify any record to the
11 court or file any answer in court or otherwise appear in a
12 court in a judicial review proceeding, unless there is filed
13 in the court, with the complaint, a receipt from the
14 Department acknowledging payment of the costs of furnishing
15 and certifying the record. Failure on the part of the
16 plaintiff to file a receipt in court shall be grounds for
17 dismissal of the action.
18 Section 165. Criminal penalties. An agency or
19 technician who is found to have violated a provision of this
20 Act is guilty of a Class A misdemeanor. On conviction of a
21 second or subsequent offense, the violator shall be guilty of
22 a Class 4 felony.
23 Section 170. Administrative Procedure Act. The Illinois
24 Administrative Procedure Act is hereby expressly adopted and
25 incorporated in this Act as if all of the provisions of that
26 Act were included in this Act, except that the provision of
27 subsection (d) of Section 10-65 of the Illinois
28 Administrative Procedure Act, which provides that at hearings
29 the license holder has the right to show compliance with all
30 lawful requirements for retention, continuation, or renewal
31 of a license, is specifically excluded. For the purposes of
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1 this Act, the notice required under Section 10-25 of the
2 Illinois Administrative Procedure Act is deemed sufficient
3 when mailed to the last known address of a party.
4 Section 175. Home rule. The regulation and
5 certification of euthanasia agencies and euthanasia
6 technicians are exclusive powers and functions of the State.
7 A home rule unit may not regulate or certify euthanasia
8 agencies or euthanasia technicians. This Section is a denial
9 and limitation of home rule powers and functions under
10 subsection (h) of Section 6 of Article VII of the Illinois
11 Constitution.
12 Section 180. Deposit of fees and fines. All of the fees
13 and civil penalties collected under this Act shall be
14 deposited into the General Professions Dedicated Fund and
15 shall be used by the Department for the ordinary and
16 contingent expenses of the Department.
17 Section 800. The Veterinary Medicine and Surgery
18 Practice Act of 1994 is amended by changing Section 4 as
19 follows:
20 (225 ILCS 115/4) (from Ch. 111, par. 7004)
21 Sec. 4. Exemptions. Nothing in this Act shall apply to
22 any of the following:
23 (1) Veterinarians employed by the Federal Government
24 while actually engaged in their official duties.
25 (2) Licensed veterinarians from other states who are
26 invited to Illinois for consultation or lecturing.
27 (3) Veterinarians employed by colleges or universities
28 or by state agencies, while engaged in the performance of
29 their official duties.
30 (4) Veterinary students in an approved college,
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1 university, department of a university or other institution
2 of veterinary medicine and surgery while in the performance
3 of duties assigned by their instructors.
4 (5) Any person engaged in bona fide scientific research
5 which requires the use of animals.
6 (6) The dehorning, castration, emasculation or docking
7 of cattle, horses, sheep, goats and swine in the course or
8 exchange of work for which no monetary compensation is paid
9 or to artificial insemination and the drawing of semen. Nor
10 shall this Act be construed to prohibit any person from
11 administering, in a humane manner, medicinal or surgical
12 treatment to any animal belonging to such person, unless
13 title has been transferred for the purpose of circumventing
14 this Act. However, any such services shall comply with the
15 Humane Care for Animals Act.
16 (7) Members of other licensed professions or any other
17 individuals when called for consultation and assistance by a
18 veterinarian licensed in the State of Illinois and who act
19 under the supervision, direction, and control of the
20 veterinarian, as further defined by rule of the Department.
21 (8) Certified euthanasia technicians.
22 (Source: P.A. 90-52, eff. 7-3-97.)
23 Section 900. The Animal Control Act is amended by
24 changing Section 11 as follows:
25 (510 ILCS 5/11) (from Ch. 8, par. 361)
26 Sec. 11. When not redeemed by the owner, a dog that which
27 has been impounded for failure to be inoculated and
28 registered, if applicable, in accordance with the provisions
29 of this Act or a cat that has been impounded shall be
30 humanely dispatched pursuant to the Humane Euthanasia in
31 Animal Shelters Act or, offered for adoption, or otherwise
32 disposed of by the pound as a stray dog in accordance with
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1 laws that exist or may hereafter exist. An animal pound or
2 animal shelter shall not release any dog or cat when not
3 redeemed by the owner unless the animal has been surgically
4 rendered incapable of reproduction by spaying or neutering,
5 or the person wishing to adopt an animal prior to the
6 surgical procedures having been performed shall have executed
7 a written agreement promising to have such service performed
8 within a specified period of time not to exceed 60 days.
9 Failure to fulfill the terms of the agreement shall result in
10 seizure and impoundment of the animal by the animal pound or
11 shelter, and any monies which have been deposited shall be
12 forfeited. This Act shall not prevent humane societies from
13 engaging in activities set forth by their charters; provided,
14 they are not inconsistent with provisions of this Act and
15 other existing laws. Any person purchasing or adopting such
16 dog, with or without charge or donation, must pay for the
17 rabies inoculation of such dog and registration if
18 applicable.
19 (Source: P.A. 83-740.)
20 Section 905. The Illinois Controlled Substances Act is
21 amended by changing Section 102 as follows:
22 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
23 Sec. 102. Definitions. As used in this Act, unless the
24 context otherwise requires:
25 (a) "Addict" means any person who habitually uses any
26 drug, chemical, substance or dangerous drug other than
27 alcohol so as to endanger the public morals, health, safety
28 or welfare or who is so far addicted to the use of a
29 dangerous drug or controlled substance other than alcohol as
30 to have lost the power of self control with reference to his
31 addiction.
32 (b) "Administer" means the direct application of a
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1 controlled substance, whether by injection, inhalation,
2 ingestion, or any other means, to the body of a patient or
3 research subject by:
4 (1) a practitioner (or, in his presence, by his
5 authorized agent), or
6 (2) the patient or research subject at the lawful
7 direction of the practitioner.
8 (c) "Agent" means an authorized person who acts on
9 behalf of or at the direction of a manufacturer, distributor,
10 or dispenser. It does not include a common or contract
11 carrier, public warehouseman or employee of the carrier or
12 warehouseman.
13 (c-1) "Anabolic Steroids" means any drug or hormonal
14 substance, chemically and pharmacologically related to
15 testosterone (other than estrogens, progestins, and
16 corticosteroids) that promotes muscle growth, and includes:
17 (i) boldenone,
18 (ii) chlorotestosterone,
19 (iii) chostebol,
20 (iv) dehydrochlormethyltestosterone,
21 (v) dihydrotestosterone,
22 (vi) drostanolone,
23 (vii) ethylestrenol,
24 (viii) fluoxymesterone,
25 (ix) formebulone,
26 (x) mesterolone,
27 (xi) methandienone,
28 (xii) methandranone,
29 (xiii) methandriol,
30 (xiv) methandrostenolone,
31 (xv) methenolone,
32 (xvi) methyltestosterone,
33 (xvii) mibolerone,
34 (xviii) nandrolone,
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1 (xix) norethandrolone,
2 (xx) oxandrolone,
3 (xxi) oxymesterone,
4 (xxii) oxymetholone,
5 (xxiii) stanolone,
6 (xxiv) stanozolol,
7 (xxv) testolactone,
8 (xxvi) testosterone,
9 (xxvii) trenbolone, and
10 (xxviii) any salt, ester, or isomer of a drug
11 or substance described or listed in this paragraph,
12 if that salt, ester, or isomer promotes muscle
13 growth.
14 Any person who is otherwise lawfully in possession of an
15 anabolic steroid, or who otherwise lawfully manufactures,
16 distributes, dispenses, delivers, or possesses with intent to
17 deliver an anabolic steroid, which anabolic steroid is
18 expressly intended for and lawfully allowed to be
19 administered through implants to livestock or other nonhuman
20 species, and which is approved by the Secretary of Health and
21 Human Services for such administration, and which the person
22 intends to administer or have administered through such
23 implants, shall not be considered to be in unauthorized
24 possession or to unlawfully manufacture, distribute,
25 dispense, deliver, or possess with intent to deliver such
26 anabolic steroid for purposes of this Act.
27 (d) "Administration" means the Drug Enforcement
28 Administration, United States Department of Justice, or its
29 successor agency.
30 (e) "Control" means to add a drug or other substance, or
31 immediate precursor, to a Schedule under Article II of this
32 Act whether by transfer from another Schedule or otherwise.
33 (f) "Controlled Substance" means a drug, substance, or
34 immediate precursor in the Schedules of Article II of this
-22- LRB9205784LDpram
1 Act.
2 (g) "Counterfeit substance" means a controlled
3 substance, which, or the container or labeling of which,
4 without authorization bears the trademark, trade name, or
5 other identifying mark, imprint, number or device, or any
6 likeness thereof, of a manufacturer, distributor, or
7 dispenser other than the person who in fact manufactured,
8 distributed, or dispensed the substance.
9 (h) "Deliver" or "delivery" means the actual,
10 constructive or attempted transfer of possession of a
11 controlled substance, with or without consideration, whether
12 or not there is an agency relationship.
13 (i) "Department" means the Illinois Department of Human
14 Services (as successor to the Department of Alcoholism and
15 Substance Abuse) or its successor agency.
16 (j) "Department of State Police" means the Department of
17 State Police of the State of Illinois or its successor
18 agency.
19 (k) "Department of Corrections" means the Department of
20 Corrections of the State of Illinois or its successor agency.
21 (l) "Department of Professional Regulation" means the
22 Department of Professional Regulation of the State of
23 Illinois or its successor agency.
24 (m) "Depressant" or "stimulant substance" means:
25 (1) a drug which contains any quantity of (i)
26 barbituric acid or any of the salts of barbituric acid
27 which has been designated as habit forming under section
28 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
29 U.S.C. 352 (d)); or
30 (2) a drug which contains any quantity of (i)
31 amphetamine or methamphetamine and any of their optical
32 isomers; (ii) any salt of amphetamine or methamphetamine
33 or any salt of an optical isomer of amphetamine; or (iii)
34 any substance which the Department, after investigation,
-23- LRB9205784LDpram
1 has found to be, and by rule designated as, habit forming
2 because of its depressant or stimulant effect on the
3 central nervous system; or
4 (3) lysergic acid diethylamide; or
5 (4) any drug which contains any quantity of a
6 substance which the Department, after investigation, has
7 found to have, and by rule designated as having, a
8 potential for abuse because of its depressant or
9 stimulant effect on the central nervous system or its
10 hallucinogenic effect.
11 (n) (Blank).
12 (o) "Director" means the Director of the Department of
13 State Police or the Department of Professional Regulation or
14 his designated agents.
15 (p) "Dispense" means to deliver a controlled substance
16 to an ultimate user or research subject by or pursuant to the
17 lawful order of a prescriber, including the prescribing,
18 administering, packaging, labeling, or compounding necessary
19 to prepare the substance for that delivery.
20 (q) "Dispenser" means a practitioner who dispenses.
21 (r) "Distribute" means to deliver, other than by
22 administering or dispensing, a controlled substance.
23 (s) "Distributor" means a person who distributes.
24 (t) "Drug" means (1) substances recognized as drugs in
25 the official United States Pharmacopoeia, Official
26 Homeopathic Pharmacopoeia of the United States, or official
27 National Formulary, or any supplement to any of them; (2)
28 substances intended for use in diagnosis, cure, mitigation,
29 treatment, or prevention of disease in man or animals; (3)
30 substances (other than food) intended to affect the structure
31 of any function of the body of man or animals and (4)
32 substances intended for use as a component of any article
33 specified in clause (1), (2), or (3) of this subsection. It
34 does not include devices or their components, parts, or
-24- LRB9205784LDpram
1 accessories.
2 (t-5) "Euthanasia agency" means an entity certified by
3 the Department of Professional Regulation for the purpose of
4 animal euthanasia that holds an animal control facility
5 license or animal shelter license under the Animal Welfare
6 Act. A euthanasia agency is authorized to purchase, store,
7 possess, and utilize Schedule II nonnarcotic and Schedule III
8 nonnarcotic drugs for the sole purpose of animal euthanasia.
9 (u) "Good faith" means the prescribing or dispensing of
10 a controlled substance by a practitioner in the regular
11 course of professional treatment to or for any person who is
12 under his treatment for a pathology or condition other than
13 that individual's physical or psychological dependence upon
14 or addiction to a controlled substance, except as provided
15 herein: and application of the term to a pharmacist shall
16 mean the dispensing of a controlled substance pursuant to the
17 prescriber's order which in the professional judgment of the
18 pharmacist is lawful. The pharmacist shall be guided by
19 accepted professional standards including, but not limited to
20 the following, in making the judgment:
21 (1) lack of consistency of doctor-patient
22 relationship,
23 (2) frequency of prescriptions for same drug by one
24 prescriber for large numbers of patients,
25 (3) quantities beyond those normally prescribed,
26 (4) unusual dosages,
27 (5) unusual geographic distances between patient,
28 pharmacist and prescriber,
29 (6) consistent prescribing of habit-forming drugs.
30 (u-1) "Home infusion services" means services provided
31 by a pharmacy in compounding solutions for direct
32 administration to a patient in a private residence, long-term
33 care facility, or hospice setting by means of parenteral,
34 intravenous, intramuscular, subcutaneous, or intraspinal
-25- LRB9205784LDpram
1 infusion.
2 (v) "Immediate precursor" means a substance:
3 (1) which the Department has found to be and by
4 rule designated as being a principal compound used, or
5 produced primarily for use, in the manufacture of a
6 controlled substance;
7 (2) which is an immediate chemical intermediary
8 used or likely to be used in the manufacture of such
9 controlled substance; and
10 (3) the control of which is necessary to prevent,
11 curtail or limit the manufacture of such controlled
12 substance.
13 (w) "Instructional activities" means the acts of
14 teaching, educating or instructing by practitioners using
15 controlled substances within educational facilities approved
16 by the State Board of Education or its successor agency.
17 (x) "Local authorities" means a duly organized State,
18 County or Municipal peace unit or police force.
19 (y) "Look-alike substance" means a substance, other than
20 a controlled substance which (1) by overall dosage unit
21 appearance, including shape, color, size, markings or lack
22 thereof, taste, consistency, or any other identifying
23 physical characteristic of the substance, would lead a
24 reasonable person to believe that the substance is a
25 controlled substance, or (2) is expressly or impliedly
26 represented to be a controlled substance or is distributed
27 under circumstances which would lead a reasonable person to
28 believe that the substance is a controlled substance. For the
29 purpose of determining whether the representations made or
30 the circumstances of the distribution would lead a reasonable
31 person to believe the substance to be a controlled substance
32 under this clause (2) of subsection (y), the court or other
33 authority may consider the following factors in addition to
34 any other factor that may be relevant:
-26- LRB9205784LDpram
1 (a) statements made by the owner or person in
2 control of the substance concerning its nature, use or
3 effect;
4 (b) statements made to the buyer or recipient that
5 the substance may be resold for profit;
6 (c) whether the substance is packaged in a manner
7 normally used for the illegal distribution of controlled
8 substances;
9 (d) whether the distribution or attempted
10 distribution included an exchange of or demand for money
11 or other property as consideration, and whether the
12 amount of the consideration was substantially greater
13 than the reasonable retail market value of the substance.
14 Clause (1) of this subsection (y) shall not apply to a
15 noncontrolled substance in its finished dosage form that was
16 initially introduced into commerce prior to the initial
17 introduction into commerce of a controlled substance in its
18 finished dosage form which it may substantially resemble.
19 Nothing in this subsection (y) prohibits the dispensing
20 or distributing of noncontrolled substances by persons
21 authorized to dispense and distribute controlled substances
22 under this Act, provided that such action would be deemed to
23 be carried out in good faith under subsection (u) if the
24 substances involved were controlled substances.
25 Nothing in this subsection (y) or in this Act prohibits
26 the manufacture, preparation, propagation, compounding,
27 processing, packaging, advertising or distribution of a drug
28 or drugs by any person registered pursuant to Section 510 of
29 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
30 (y-1) "Mail-order pharmacy" means a pharmacy that is
31 located in a state of the United States, other than Illinois,
32 that delivers, dispenses or distributes, through the United
33 States Postal Service or other common carrier, to Illinois
34 residents, any substance which requires a prescription.
-27- LRB9205784LDpram
1 (z) "Manufacture" means the production, preparation,
2 propagation, compounding, conversion or processing of a
3 controlled substance, either directly or indirectly, by
4 extraction from substances of natural origin, or
5 independently by means of chemical synthesis, or by a
6 combination of extraction and chemical synthesis, and
7 includes any packaging or repackaging of the substance or
8 labeling of its container, except that this term does not
9 include:
10 (1) by an ultimate user, the preparation or
11 compounding of a controlled substance for his own use; or
12 (2) by a practitioner, or his authorized agent
13 under his supervision, the preparation, compounding,
14 packaging, or labeling of a controlled substance:
15 (a) as an incident to his administering or
16 dispensing of a controlled substance in the course
17 of his professional practice; or
18 (b) as an incident to lawful research,
19 teaching or chemical analysis and not for sale.
20 (z-1) "Methamphetamine manufacturing chemical" means any
21 of the following chemicals or substances containing any of
22 the following chemicals: benzyl methyl ketone, ephedrine,
23 methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or
24 pseudoephedrine or any of the salts, optical isomers, or
25 salts of optical isomers of the above-listed chemicals.
26 (aa) "Narcotic drug" means any of the following, whether
27 produced directly or indirectly by extraction from substances
28 of natural origin, or independently by means of chemical
29 synthesis, or by a combination of extraction and chemical
30 synthesis:
31 (1) opium and opiate, and any salt, compound,
32 derivative, or preparation of opium or opiate;
33 (2) any salt, compound, isomer, derivative, or
34 preparation thereof which is chemically equivalent or
-28- LRB9205784LDpram
1 identical with any of the substances referred to in
2 clause (1), but not including the isoquinoline alkaloids
3 of opium;
4 (3) opium poppy and poppy straw;
5 (4) coca leaves and any salts, compound, isomer,
6 salt of an isomer, derivative, or preparation of coca
7 leaves including cocaine or ecgonine, and any salt,
8 compound, isomer, derivative, or preparation thereof
9 which is chemically equivalent or identical with any of
10 these substances, but not including decocainized coca
11 leaves or extractions of coca leaves which do not contain
12 cocaine or ecgonine (for the purpose of this paragraph,
13 the term "isomer" includes optical, positional and
14 geometric isomers).
15 (bb) "Nurse" means a registered nurse licensed under the
16 Nursing and Advanced Practice Nursing Act.
17 (cc) (Blank).
18 (dd) "Opiate" means any substance having an addiction
19 forming or addiction sustaining liability similar to morphine
20 or being capable of conversion into a drug having addiction
21 forming or addiction sustaining liability.
22 (ee) "Opium poppy" means the plant of the species
23 Papaver somniferum L., except its seeds.
24 (ff) "Parole and Pardon Board" means the Parole and
25 Pardon Board of the State of Illinois or its successor
26 agency.
27 (gg) "Person" means any individual, corporation,
28 mail-order pharmacy, government or governmental subdivision
29 or agency, business trust, estate, trust, partnership or
30 association, or any other entity.
31 (hh) "Pharmacist" means any person who holds a
32 certificate of registration as a registered pharmacist, a
33 local registered pharmacist or a registered assistant
34 pharmacist under the Pharmacy Practice Act of 1987.
-29- LRB9205784LDpram
1 (ii) "Pharmacy" means any store, ship or other place in
2 which pharmacy is authorized to be practiced under the
3 Pharmacy Practice Act of 1987.
4 (jj) "Poppy straw" means all parts, except the seeds, of
5 the opium poppy, after mowing.
6 (kk) "Practitioner" means a physician licensed to
7 practice medicine in all its branches, dentist, podiatrist,
8 veterinarian, scientific investigator, pharmacist, physician
9 assistant, advanced practice nurse, licensed practical nurse,
10 registered nurse, hospital, laboratory, or pharmacy, or other
11 person licensed, registered, or otherwise lawfully permitted
12 by the United States or this State to distribute, dispense,
13 conduct research with respect to, administer or use in
14 teaching or chemical analysis, a controlled substance in the
15 course of professional practice or research.
16 (ll) "Pre-printed prescription" means a written
17 prescription upon which the designated drug has been
18 indicated prior to the time of issuance.
19 (mm) "Prescriber" means a physician licensed to practice
20 medicine in all its branches, dentist, podiatrist or
21 veterinarian who issues a prescription, a physician assistant
22 who issues a prescription for a Schedule III, IV, or V
23 controlled substance in accordance with Section 303.05 and
24 the written guidelines required under Section 7.5 of the
25 Physician Assistant Practice Act of 1987, or an advanced
26 practice nurse with prescriptive authority in accordance with
27 Section 303.05 and a written collaborative agreement under
28 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
29 Nursing Act.
30 (nn) "Prescription" means a lawful written, facsimile,
31 or verbal order of a physician licensed to practice medicine
32 in all its branches, dentist, podiatrist or veterinarian for
33 any controlled substance, of a physician assistant for a
34 Schedule III, IV, or V controlled substance in accordance
-30- LRB9205784LDpram
1 with Section 303.05 and the written guidelines required under
2 Section 7.5 of the Physician Assistant Practice Act of 1987,
3 or of an advanced practice nurse who issues a prescription
4 for a Schedule III, IV, or V controlled substance in
5 accordance with Section 303.05 and a written collaborative
6 agreement under Sections 15-15 and 15-20 of the Nursing and
7 Advanced Practice Nursing Act.
8 (oo) "Production" or "produce" means manufacture,
9 planting, cultivating, growing, or harvesting of a controlled
10 substance.
11 (pp) "Registrant" means every person who is required to
12 register under Section 302 of this Act.
13 (qq) "Registry number" means the number assigned to each
14 person authorized to handle controlled substances under the
15 laws of the United States and of this State.
16 (rr) "State" includes the State of Illinois and any
17 state, district, commonwealth, territory, insular possession
18 thereof, and any area subject to the legal authority of the
19 United States of America.
20 (ss) "Ultimate user" means a person who lawfully
21 possesses a controlled substance for his own use or for the
22 use of a member of his household or for administering to an
23 animal owned by him or by a member of his household.
24 (Source: P.A. 90-116, eff. 7-14-97; 90-742, eff. 8-13-98;
25 90-818, eff. 3-23-99; 91-403, eff. 1-1-00; 91-714, eff.
26 6-2-00.)".