Public Act 93-0392

SB880 Enrolled                       LRB093 07447 RLC 07612 b

    AN ACT in relation to hypodermic syringes and needles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Drug Paraphernalia Control Act is amended
by changing Sections 3.5 and 4 as follows:

    (720 ILCS 600/3.5)
    Sec. 3.5. Possession of drug paraphernalia.
    (a)  A  person  who  knowingly  possesses an item of drug
paraphernalia  with  the  intent  to  use  it  in  ingesting,
inhaling, or otherwise introducing cannabis or  a  controlled
substance  into the human body, or in preparing cannabis or a
controlled substance for that use, is guilty  of  a  Class  A
misdemeanor  for  which the court shall impose a minimum fine
of $750 in addition to any other  penalty  prescribed  for  a
Class A misdemeanor.  This subsection (a) does not apply to a
person  who  is  legally  authorized  to  possess  hypodermic
syringes or needles under the Hypodermic Syringes and Needles
Act.
    (b)  In  determining  intent  under  subsection  (a), the
trier of fact may take into consideration  the  proximity  of
the  cannabis  or controlled substances to drug paraphernalia
or the presence of cannabis or a controlled substance on  the
drug paraphernalia.
(Source: P.A. 88-677, eff. 12-15-94.)

    (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
    Sec. 4.  Exemptions.  This Act shall not apply to:
    (a)  Items   marketed   for   use   in  the  preparation,
compounding, packaging, labeling, or other use of cannabis or
a controlled substance as an  incident  to  lawful  research,
teaching, or chemical analysis and not for sale.
    (b)  Items  marketed for, or historically and customarily
used  in  connection   with,   the   planting,   propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting,   producing,   processing,   preparing,  testing,
analyzing,  packaging,  repackaging,   storing,   containing,
concealing,  injecting,  ingesting, or inhaling of tobacco or
any other lawful substance.
    Items exempt under this subsection include, but  are  not
limited  to,  garden  hoes,  rakes, sickles, baggies, tobacco
pipes, and cigarette-rolling papers.
    (c)  Items listed in Section 2  of  this  Act  which  are
marketed  for  decorative purposes, when such items have been
rendered completely inoperable or incapable of being used for
any illicit purpose prohibited by this Act.
    (d)  A  person  who  is  legally  authorized  to  possess
hypodermic syringes or needles under the Hypodermic  Syringes
and Needles Act.
    In determining whether or not a particular item is exempt
under  this subsection, the trier of fact should consider, in
addition  to  all  other  logically  relevant  factors,   the
following:
         (1)  the  general,  usual, customary, and historical
    use to which the item involved has been put;
         (2)  expert  evidence  concerning  the  ordinary  or
    customary  use  of  the  item  and  the  effect  of   any
    peculiarity  in  the  design or engineering of the device
    upon its functioning;
         (3)  any  written  instructions   accompanying   the
    delivery  of  the item concerning the purposes or uses to
    which the item can or may be put;
         (4)  any oral instructions provided by the seller of
    the item at the time and  place  of  sale  or  commercial
    delivery;
         (5)  any  national  or  local advertising concerning
    the design, purpose or use of the item involved, and  the
    entire context in which such advertising occurs;
         (6)  the  manner,  place  and circumstances in which
    the item was displayed for sale, as well as any  item  or
    items  displayed for sale or otherwise exhibited upon the
    premises where the sale was made;
         (7)  whether the owner or anyone in control  of  the
    object  is a legitimate supplier of like or related items
    to the community,  such  as  a  licensed  distributor  or
    dealer of tobacco products;
         (8)  the  existence and scope of legitimate uses for
    the object in the community.
(Source: P.A. 91-357, eff. 7-29-99.)

    Section 10.  The Hypodermic Syringes and Needles  Act  is
amended  by  changing  Sections  1,  2,  4,  and 5 and adding
Section 2.5 as follows:

    (720 ILCS 635/1) (from Ch. 38, par. 22-50)
    Sec. 1. Possession of hypodermic syringes and needles.
    (a)  Except as provided in subsection (b), no person, not
being  a  physician,  dentist,  chiropodist  or  veterinarian
licensed under the laws of this State or of the  state  where
he   resides,  or  a  registered  professional  nurse,  or  a
registered embalmer,  manufacturer  or  dealer  in  embalming
supplies,   wholesale   druggist,  manufacturing  pharmacist,
registered pharmacist, manufacturer of surgical  instruments,
industrial user, official of any government having possession
of  the  articles  hereinafter  mentioned  by  reason  of his
official duties, nurse or  a  medical  laboratory  technician
acting  under  the  direction  of  a  physician  or  dentist,
employee   of  an  incorporated  hospital  acting  under  the
direction of  its  superintendent  or  officer  in  immediate
charge,   or   a   carrier   or   messenger  engaged  in  the
transportation of such articles, or the holder  of  a  permit
issued  under  Section  5 of this Act, or a farmer engaged in
the use of such instruments on livestock, or a person engaged
in chemical, clinical,  pharmaceutical  or  other  scientific
research,  shall have in his possession a hypodermic syringe,
hypodermic needle, or any instrument adapted for the  use  of
controlled substances or cannabis by subcutaneous injection.
    (b)  A  person  who  is  at  least  18  years  of age may
purchase from a pharmacy and have in his or her possession up
to 20 hypodermic syringes or needles.
(Source: P.A. 77-771.)

    (720 ILCS 635/2) (from Ch. 38, par. 22-51)
    Sec. 2. Sale of hypodermic syringes and needles.
    (a)  Except  as  provided  in  subsection  (b),  no  such
syringe, needle or instrument shall be delivered or sold  to,
or exchanged with, any person except a registered pharmacist,
physician,   dentist,   veterinarian,   registered  embalmer,
manufacturer  or  dealer  in  embalming  supplies,  wholesale
druggist, manufacturing pharmacist, industrial user, a  nurse
upon  the written order of a physician or dentist, the holder
of a permit issued under Section 5 of this Act, a  registered
chiropodist,  or an employee of an incorporated hospital upon
the  written  order  of  its  superintendent  or  officer  in
immediate charge; provided that the provisions  of  this  Act
shall  not prohibit the sale, possession or use of hypodermic
syringes or hypodermic needles for treatment of livestock  or
poultry by the owner or keeper thereof or a person engaged in
chemical,   clinical,   pharmaceutical  or  other  scientific
research.
    (b)  A pharmacist may sell up to  20  sterile  hypodermic
syringes  or  needles to a person who is at least 18 years of
age. A syringe or needle sold under this subsection (b)  must
be stored at a pharmacy and in a manner that limits access to
the  syringes  or  needles  to  pharmacists  employed  at the
pharmacy and any persons designated by  the  pharmacists.   A
syringe  or  needle  sold at a pharmacy under this subsection
(b) may be sold only from  the  pharmacy  department  of  the
pharmacy.
(Source: Laws 1955, p. 1408.)

    (720 ILCS 635/2.5 new)
    Sec. 2.5. Educational materials; guidelines for disposal.
    (a)  The   Illinois  Department  of  Public  Health  must
develop  educational  materials  and  make  copies   of   the
educational  materials available to pharmacists.  Pharmacists
must make these educational materials  available  to  persons
who   purchase  syringes  and  needles  as  authorized  under
subsection (b) of Section 1.  The educational materials  must
include    information   regarding   safer   injection,   HIV
prevention, syringe and needle disposal, and drug treatment.
    (b)  The Illinois Department of Public Health must create
guidelines to advise local health departments on implementing
syringe and needle disposal policies that are consistent with
or more stringent than  any  available  guidelines  regarding
disposal for home health care products provided by the United
States Environmental Protection Agency.

    (720 ILCS 635/4) (from Ch. 38, par. 22-53)
    Sec.  4.  Penalty.  A  person  who  Whoever  violates any
provision provisions of Section Sections 1 or, 2,  and  3  of
this  Act is shall be guilty of a Class A misdemeanor for the
first such offense; and a Class 4 felony for a second or  any
succeeding offense, he shall be guilty of a Class 4 felony.
(Source: P.A. 77-2830.)

    (720 ILCS 635/5) (from Ch. 38, par. 22-54)
    Sec. 5.  Prescriptions.
    Except  as provided under Section 2, a licensed physician
may direct a patient under his immediate charge  to  have  in
possession any of the instruments specified in Sections 1 and
2  which  may  be  dispensed  by  a  registered pharmacist or
assistant registered pharmacist in this state only (1) upon a
written prescription of such physician, or (2) upon  an  oral
order  of  such physician, which order is reduced promptly to
writing and filed by the pharmacist, or (3) by refilling  any
such  written  or  oral  prescription  if  such  refilling is
authorized  by  the  prescriber  either   in   the   original
prescription  or  by  oral order which is reduced promptly to
writing and filed by the pharmacist in the  same  manner  and
under the same conditions as any other prescription issued by
a practitioner licensed by law to write prescriptions, or (4)
upon  a  signed  statement  of  a  the  patient,  upon proper
identification, stating that the prescriptions or instruments
specified in Sections 1 and 2 were lost  or  broken,  as  the
case may be, the name and address of the prescriber, the name
and  address  of  the  patient  and the purpose for which the
prescription  was  ordered;  provided,  however,   that   the
registered  pharmacists  or  assistant registered pharmacists
who deliver or sell any instruments specified in  Sections  1
and  2  shall send a copy of such affidavit to the Department
of State Police by the 15th of the month following the  month
in  which  such  instruments  were  delivered  or  sold. Such
written or oral prescriptions when  reduced  to  writing  for
instruments  specified  in Sections 1 and 2 shall contain the
date of such  prescription,  the  name  and  address  of  the
prescriber,  the name and address of the patient, the purpose
for  which  the  prescription  is  ordered,  the  date   when
dispensed and by whom dispensed.
    Provided,  however,  that  a  licensed physician or other
allied medical practitioner, authorized by the  laws  of  the
State  of  Illinois  to  prescribe  or  administer controlled
substances or cannabis to humans or  animals,  may  authorize
any  person  or the owner of any animal, to purchase and have
in  his  possession  any  of  the  instruments  specified  in
Sections 1 and 2, which may be sold to him without a specific
written  or  oral  prescription  or  order,  by  any   person
authorized  by  the laws of the State of Illinois to sell and
dispense  controlled  substances   or   cannabis,   if   such
authorization is in the form of a certificate giving the name
and  address  of  such  licensed  physician  or  other allied
medical practitioner, the name, address and signature of  the
person,  or  of  the  owner of the animal, so authorized, the
purpose or reason of such authorization, and the date of such
certificate and in that event, no other prescription, writing
or record shall be required to authorize  the  possession  or
sale of such instruments.
(Source: P.A. 84-25.)

    (720 ILCS 635/3 rep.)
    Section  15.  The  Hypodermic Syringes and Needles Act is
amended by repealing Section 3.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.