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Public Act 100-0326
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| SB1944 Enrolled | LRB100 09873 RLC 20043 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Hypodermic Syringes and Needles Act is |
amended by changing Sections 1, 2, 2.5, and 5 as follows:
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(720 ILCS 635/1) (from Ch. 38, par. 22-50)
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Sec. 1. Possession of hypodermic syringes and needles.
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(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
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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 or her 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 the such articles, |
or the
holder of a permit issued under Section 5 of this Act, |
or a farmer
engaged in the use of the such instruments on |
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livestock, or a person engaged in
chemical, clinical, |
pharmaceutical or other scientific research, shall have
in his |
or her possession a hypodermic syringe, hypodermic needle, or |
any
instrument adapted for the use of controlled substances or |
cannabis by
subcutaneous injection.
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(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 100 20
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hypodermic
syringes or needles.
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(Source: P.A. 93-392, eff. 7-25-03.)
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(720 ILCS 635/2) (from Ch. 38, par. 22-51)
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Sec. 2. Sale of hypodermic syringes and needles.
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(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,
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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
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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,
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clinical, pharmaceutical or other scientific research.
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(b) A pharmacist may sell up to 100 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
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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.
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(Source: P.A. 93-392, eff. 7-25-03.)
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(720 ILCS 635/2.5)
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Sec. 2.5. Guidelines Educational materials; guidelines for |
disposal.
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(a) (Blank). 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
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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.
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(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 |
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disposal for home health care products provided by the United |
States
Environmental Protection Agency.
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(Source: P.A. 93-392, eff. 7-25-03.)
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(720 ILCS 635/5) (from Ch. 38, par. 22-54)
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Sec. 5. Prescriptions. |
(a) As used in this Section, "prescriber" has the meaning |
ascribed to it in Section 102 of the Illinois Controlled |
Substances Act. |
(b) Except as provided under Section 2, a prescriber |
licensed
physician may direct a
patient
under
his or her |
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 the |
prescriber such physician, or (2) upon an oral or electronic |
order of the prescriber such physician, which order is
reduced |
promptly to writing and filed by the pharmacist, or (3) by
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refilling any such written, or oral, or electronic prescription |
if the 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
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issued by a practitioner licensed by law to write |
prescriptions, or (4)
upon a signed statement of a patient,
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upon proper
identification, stating
that the prescriptions or |
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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
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prescription was ordered. The Such
written, or oral, or |
electronic prescriptions when reduced to writing for |
instruments
specified in Sections 1 and 2 shall contain the |
date of the 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.
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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 |
or her possession any of the instruments specified in Sections |
1 and 2, which
may be sold to him without a specific written, |
or oral, or electronic prescription or
order, by any person |
authorized by the laws of the State of Illinois to
sell and |
dispense controlled substances or cannabis, if the such |
authorization
is in the form of a certificate giving the name |
and address of the 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 the such authorization, and the date of |
the such
certificate and in that event, no other prescription, |