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Public Act 92-0449
HB2391 Enrolled LRB9205784LBpc
AN ACT concerning animal control.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Humane Euthanasia in Animal Shelters Act.
Section 5. Definitions. The following terms have the
meanings indicated, unless the context requires otherwise:
"Animal" means any bird, fish, reptile, or mammal other
than man.
"DEA" means the United States Department of Justice Drug
Enforcement Administration.
"Department" means the Department of Professional
Regulation.
"Director" means the Director of the Department of
Professional Regulation.
"Euthanasia agency" means an entity certified by the
Department for the purpose of animal euthanasia that holds an
animal control facility or animal shelter license under the
Animal Welfare Act.
"Euthanasia drugs" means Schedule II or Schedule III
substances (nonnarcotic controlled substances) as set forth
in the Illinois Controlled Substances Act that are used by a
euthanasia agency for the purpose of animal euthanasia.
"Euthanasia technician" or "technician" means a person
employed by a euthanasia agency or working under the direct
supervision of a veterinarian and who is certified by the
Department to administer euthanasia drugs to euthanize
animals.
"Veterinarian" means a person holding the degree of
Doctor of Veterinary Medicine who is licensed under the
Veterinary Medicine and Surgery Practice Act of 1994.
Section 10. Certification requirement, exemptions.
(a) Except as otherwise provided in this Section, no
person shall euthanize animals in an animal shelter or animal
control facility without possessing a certificate issued by
the Department under this Act.
(b) Nothing in this Act shall be construed as preventing
a licensed veterinarian or an instructor during an approved
course from humanely euthanizing animals in animal shelters
or animal control facilities.
(c) Nothing in this Act prevents a veterinarian who is
employed by the Department of Agriculture, or any other
person who is employed by the Department of Agriculture and
acting under the supervision of such a veterinarian, from
humanely euthanizing animals in the course of that
employment.
Section 15. Powers and duties of the Department.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for
the administration of licensure Acts and shall exercise other
powers and duties necessary for effectuating the purposes of
this Act.
(b) The Department may adopt rules to administer and
enforce this Act including, but not limited to, setting fees
for original certification and renewal and restoration of
certification and any other administrative fees, and may
prescribe forms to be issued to implement this Act. At a
minimum, the rules adopted by the Department shall include
standards and criteria for certification and for professional
conduct and discipline.
Section 20. Application for original certification.
Applications for original certification shall be made to the
Department in writing, shall be signed by the applicant on
forms prescribed by the Department, and shall be accompanied
by a nonrefundable fee set by rule. The Department may
require information from the applicant that, in its judgment,
will enable the Department to determine the qualifications of
the applicant for certification.
Section 25. Euthanasia agency.
(a) To be certified as a euthanasia agency, an entity
must apply to the Department, hold an active license under
the Animal Welfare Act as an animal control facility or an
animal shelter, pay the required fee, and agree to:
(1) Keep euthanasia drugs in a securely locked
cabinet or a metal safe that meets the requirements of
the Illinois Controlled Substances Act and rules adopted
under that Act when not in use. A temporary storage
cabinet may be used when a euthanasia technician is on
duty and animals are being euthanized during the workday.
(2) Comply with the requirements of the Illinois
Food, Drug and Cosmetic Act, federal Food, Drug and
Cosmetic Act (21 U.S.C. 301 et seq. (1976)), federal
Controlled Substances Act (21 U.S.C. 801 et seq. (1976)),
and the Illinois Controlled Substances Act.
(3) Keep the conditions of the euthanasia area
clean and sanitary with adequate equipment and supplies
to enable the humane disposition of animals.
(b) A euthanasia agency may purchase, store, and possess
Schedule II and Schedule III (nonnarcotic controlled
substances) drugs for the euthanization of animals upon
obtaining from the Department an Illinois controlled
substances license pursuant to the Illinois Controlled
Substances Act and a controlled substance license issued by
the Drug Enforcement Administration pursuant to the federal
Controlled Substances Act.
(c) The Department shall inspect the facility prior to
the issuance of the controlled substance license.
(d) The euthanasia agency shall notify the Department in
writing within 30 days of the time that the employment of a
euthanasia technician is terminated from the euthanasia
agency.
Section 35. Technician certification; duties.
(a) An applicant for certification as a euthanasia
technician shall file an application with the Department and
shall:
(1) Be 18 years of age.
(2) Be of good moral character. In determining
moral character under this Section, the Department may
take into consideration whether the applicant has engaged
in conduct or activities that would constitute grounds
for discipline under this Act.
(3) Submit fingerprints to the Illinois State
Police or its designated vendor as set forth by rule.
These fingerprints shall be checked against the Illinois
State Police and Federal Bureau of Investigation criminal
history record databases. A separate fee shall be
charged to the applicant for fingerprinting, payable
either to the Department or the Illinois State Police or
its designated vendor.
(4) Hold a current license or certification from
the American Humane Association, the National Animal
Control Association, the Illinois Federation of Humane
Societies, or the Humane Society of the United States.
(5) Pay the required fee.
(b) The duties of a euthanasia technician shall include
but are not limited to:
(1) preparing animals for euthanasia and scanning
each animal, prior to euthanasia, for microchips;
(2) accurately recording the dosages administered
and the amount of drugs wasted;
(3) ordering supplies;
(4) maintaining the security of all controlled
substances and drugs;
(5) humanely euthanizing animals via intravenous
injection by hypodermic needle, intraperitoneal injection
by hypodermic needle, solutions or powder added to food
or by mouth, intracardiac injection only on comatose
animals by hypodermic needle, or carbon monoxide in a
commercially manufactured chamber; and
(6) properly disposing of euthanized animals after
verification of death.
(c) A euthanasia technician employed by a euthanasia
agency may perform euthanasia by the administration of a
Schedule II or Schedule III nonnarcotic controlled substance.
A euthanasia technician may not personally possess, order, or
administer a controlled substance except as an agent of the
euthanasia agency.
(d) Upon termination from a euthanasia agency, a
euthanasia technician shall not perform animal euthanasia
until he or she is employed by another certified euthanasia
agency.
(e) A certified euthanasia technician or an instructor
in an approved course does not engage in the practice of
veterinary medicine when performing duties set forth in this
Act.
Section 40. Issuance of certificate. The Department
shall begin issuing certificates under this Act within one
year after the effective date of this Act. The Department
shall issue a certificate to an applicant who has met the
requirements and has paid the required application fee.
Section 45. Certifications; renewal; restoration; person
in military service; inactive status.
(a) The expiration date, renewal period, renewal fees,
and procedures for renewal of each certification issued under
this Act shall be set by rule.
(b) Any person who has permitted a euthanasia technician
certification to expire or who has a certification on
inactive status may have it restored by submitting an
application to the Department and filing proof of fitness, as
defined by rule, to have the certification restored,
including, if appropriate, evidence that is satisfactory to
the Department certifying active practice in another
jurisdiction and by paying the required fee.
(c) If the person has not maintained an active practice
in another jurisdiction that is satisfactory to the
Department, the Department shall determine the person's
fitness to resume active status.
(d) Any person whose euthanasia technician certification
expired while on active duty with the armed forces of the
United States, while called into service or training with the
State Militia or in training or education under the
supervision of the United States government prior to
induction into the military service, however, may have his or
her certification restored without paying any renewal fees
if, within 2 years after the termination of that service,
training, or education, except under conditions other than
honorable, the Department is furnished with satisfactory
evidence that the person has been so engaged and that the
service, training, or education has been so terminated.
(e) A euthanasia technician certificate holder may place
his or her certification on inactive status and shall be
excused from paying renewal fees until he or she notifies the
Department in writing of the intention to resume active
practice. A certificate holder who is on inactive status
shall not practice while the certificate is in inactive
status.
(f) The Department shall set by rule the requirements
for restoration of a euthanasia agency certification and the
requirements for a change of location.
Section 50. Grandfathering provision. The Department
may issue certification to a euthanasia technician who
presents proof in a manner established by the Department that
he or she has been licensed or certified by the American
Humane Association, the National Animal Control Association,
the Illinois Federation of Humane Societies, or the Humane
Society of the United States, within the 5 years preceding
the effective date of this Act.
Section 55. Endorsement. An applicant, who is a
euthanasia technician registered or licensed under the laws
of another state or territory of the United States that has
requirements that are substantially similar to the
requirements of this Act, may be granted certification as a
euthanasia technician in this State without examination, upon
presenting satisfactory proof to the Department that the
applicant has been engaged in the practice of euthanasia for
a period of not less than one year and upon payment of the
required fee.
Section 57. Procedures for euthanasia.
(a) Only euthanasia drugs and commercially compressed
carbon monoxide, subject to the limitations imposed under
subsection (b) of this Section, shall be used for the purpose
of humanely euthanizing injured, sick, homeless, or unwanted
companion animals in an animal shelter or an animal control
facility licensed under the Illinois Animal Welfare Act.
(b) Commercially compressed carbon monoxide may be used
as a permitted method of euthanasia provided that it is
performed in a commercially manufactured chamber pursuant to
the guidelines set forth in the most recent report of the
AVMA Panel on Euthanasia. A chamber that is designed to
euthanize more than one animal at a time must be equipped
with independent sections or cages to separate incompatible
animals. The interior of the chamber must be well lit and
equipped with view-ports, a regulator, and a flow meter.
Monitoring equipment must be used at all times during the
operation. Animals that are under 4 months of age, old,
injured, or sick may not be euthanized by carbon monoxide.
Animals shall remain in the chamber and be exposed for a
minimum of 20 minutes. Staff members shall be fully notified
of potential health risks.
Section 60. Fees; returned checks. An agency or person
who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial
institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this
Act. The Director may waive the fines due under this Section
in individual cases where the Director finds that the fines
would be unreasonable or unnecessarily burdensome.
Section 65. Refused issuance, suspension or revocation
of certification. The Department may refuse to issue, renew,
or restore a certification or may revoke or suspend a
certification, or place on probation, reprimand, impose a
fine not to exceed $1,000 for each violation, or take other
disciplinary action as the Department may deem proper with
regard to a certified euthanasia agency or a certified
euthanasia technician for any one or combination of the
following reasons:
(1) failing to carry out the duties of a euthanasia
technician;
(2) abusing the use of any chemical substance;
(3) selling, stealing, or giving chemical substances
away;
(4) abetting anyone in the activities listed in this
subsection; or
(5) violating any provision of this Act, the Illinois
Controlled Substances Act, the rules adopted under these Acts
or any rules adopted by the Department of Professional
Regulation concerning the euthanizing of animals.
Section 80. Exemption from liability. An instructor of
euthanasia techniques or a veterinarian who engages in the
instructing of euthanasia technicians, in a course approved
by the Department, shall not incur any civil or criminal
liability for any subsequent misuse or malpractice of a
euthanasia technician who has attended the course.
Any veterinarian, who in good faith administers
euthanasia drugs to an animal in an animal control facility
or an animal shelter, has immunity from any liability, civil,
criminal, or otherwise, that may result from his or her
actions. For the purposes of any proceedings, civil or
criminal, the good faith of the veterinarian shall be
rebuttably presumed.
Section 85. Cease and desist order.
(a) If an agency or person violates a provision of this
Act, the Director may, in the name of the People of the State
of Illinois, through the Attorney General of the State of
Illinois, petition for an order enjoining the violation or
for an order enforcing compliance with this Act. Upon the
filing of a verified petition in court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation, and if it
is established that the agency or person has violated or is
violating the injunction, the court may punish the offender
for contempt of court. Proceedings under this Section shall
be in addition to, and not in lieu of, all other remedies and
penalties provided by this Act.
(b) Whenever, in the opinion of the Department, an
agency violates a provision of this Act, the Department may
issue a rule to show cause why an order to cease and desist
should not be entered against the agency. The rule shall
clearly set forth the grounds relied upon by the Department
and shall provide a period of 7 days from the date of the
rule to file an answer to the satisfaction of the Department.
Failure to answer to the satisfaction of the Department shall
cause an order to cease and desist to be issued immediately.
Section 90. Uncertified practice; civil penalty.
(a) A person who practices, offers to practice, attempts
to practice, or holds himself or herself out as a certified
euthanasia technician or a certified euthanasia agency
without being certified under this Act shall, in addition to
any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 for each offense
as determined by the Department. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a
certified euthanasia technician or a certified euthanasia
agency. The civil penalty must be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
executed in the same manner as any judgment from any court of
record.
(b) The Department may investigate any uncertified
activity.
(c) Instructors teaching humane euthanasia techniques
are exempt from the certification process.
Section 95. Inspections. The Department may conduct
random inspections upon renewal, for cause, or as necessary
to assure the integrity and effectiveness of the
certification process. Upon failure to pass inspection, a
euthanasia agency's certificate shall be suspended or denied,
as applicable, pending review by the Department. Upon the
failure of an agency to pass an inspection, animal euthanasia
must be performed by a licensed veterinarian or at another
certified euthanasia agency. A euthanasia agency that fails
to pass an inspection is subject to penalty. Upon notice of
failure to pass an inspection, a euthanasia agency shall have
30 days to appeal the inspection results. On appeal, the
euthanasia agency shall have the right to an inspection
review or to a new inspection in accordance with procedures
adopted by the Department.
Section 100. Investigations; notice and hearing.
(a) The Department may investigate the actions of an
applicant or an animal shelter or animal control facility
holding or claiming to hold a certificate.
(b) Before refusing to issue or renew a certificate or
disciplining a certified euthanasia agency or technician,
the Department shall notify in writing the applicant, the
agency, or technician of the nature of the charges and that a
hearing will be held on the date designated, which shall be
at least 30 days after the date of the notice. The Department
shall direct the applicant, agency, or technician to file a
written answer to the Department under oath within 20 days
after the service of the notice and inform the applicant,
agency, or technician that failure to file an answer will
result in default being taken against the applicant, agency,
or technician and that the certificate may be suspended,
revoked, placed on probationary status, or other disciplinary
action may be taken, including limiting the scope, nature, or
extent of business as the Director may deem proper. Written
notice may be served by personal delivery or certified or
registered mail sent to the respondent at the most recent
address on record with the Department.
If the applicant, agency, or technician fails to file an
answer after receiving notice, the certification may, in the
discretion of the Department, be suspended, revoked, or
placed on probationary status, or the Department may take
whatever disciplinary action it deems proper including
imposing a civil penalty, without a hearing if the act or
acts charged constitute sufficient ground for such action
under this Act.
At the time and place fixed in the notice, the Department
shall proceed to hear the charges, and the parties or their
counsel shall be accorded ample opportunity to present such
statements, testimony, evidence, and argument as may be
pertinent to the charges or to their defense. The Department
may continue a hearing from time to time.
Section 105. Stenographer; transcript. The Department,
at its expense, shall preserve a record of all proceedings at
the formal hearing of any case involving the refusal to issue
or renew a certificate or the discipline of a certified
euthanasia technician. The notice of hearing, complaint, and
all other documents in the nature of pleadings, written
motions filed in the proceedings, the transcript of
testimony, the report of the hearing officer, and the order
of the Department shall be the record of the proceeding.
Section 110. Compelling testimony. A circuit court may,
upon application of the Department or its designee or of the
applicant, agency, or technician against whom proceedings are
pending, enter an order requiring the attendance of witnesses
and their testimony and the production of documents, papers,
files, books, and records in connection with any hearing or
investigation. The court may compel obedience to its order
by proceedings for contempt.
Section 115. Findings and recommendations. At the
conclusion of the hearing, the hearing officer shall present
to the Director a written report of its findings and
recommendations. The report shall contain a finding of
whether or not the accused applicant, agency, or technician
violated this Act or failed to comply with the conditions
required in this Act. The hearing officer shall specify the
nature of the violation or failure to comply, and shall make
its recommendations to the Director.
The report of the findings and recommendations of the
hearing officer shall be the basis for the Department's order
of refusal or for the granting of certification unless the
Director determines that the hearing officer's report is
contrary to the manifest weight of the evidence, in which
case the Director may issue an order in contravention of the
hearing officer's report. The finding is not admissible in
evidence against the applicant, agency, or technician in a
criminal prosecution brought for the violation of this Act,
but the hearing and finding are not a bar to a criminal
prosecution brought for the violation of this Act.
Section 120. Rehearing on motion. In a case involving
the refusal to issue or renew a certificate or the discipline
of a certified agency or technician, a copy of the hearing
officer's report shall be served upon the respondent by the
Department, either personally or as provided in this Act for
the service of the notice of hearing. Within 20 days after
such service, the respondent may present to the Department a
motion in writing for a rehearing, which shall specify the
particular grounds for rehearing. If no motion for rehearing
is filed, then upon the expiration of the time specified for
filing the motion, or if a motion for rehearing is denied,
then upon such denial the Director may enter an order in
accordance with recommendations of the hearing officer except
as provided in Section 125 of this Act. If the respondent
shall order from the reporting service and pay for a
transcript of the record with the time for filing a motion
for rehearing, the 20 day period within which such a motion
may be filed shall commence upon the delivery of the
transcript to the respondent.
Section 125. Rehearing on order of Director. Whenever
the Director is satisfied that substantial justice has not
been done in the revocation or suspension of a certification
or refusal to issue or renew a certificate, the Director may
order a rehearing.
Section 130. Hearing Officer. The Director has the
authority to appoint an attorney duly licensed to practice
law in this State to serve as the hearing officer in an
action for refusal to issue or renew a certificate or for the
discipline of a certified euthanasia agency or technician.
The hearing officer shall have full authority to conduct the
hearing. The hearing officer shall report his or her
findings and recommendations to the Director.
Section 135. Order or certified copy. An order or a
certified copy of an order, over the seal of the Department
and purporting to be signed by the Director, shall be prima
facie proof that:
(1) the signature is the genuine signature of the
Director; and
(2) the Director is duly appointed and qualified.
This proof may be rebutted.
Section 140. Restoration of certificate. Any time after
the suspension or revocation of a certificate, the Department
may restore the certificate to the accused agency upon the
written recommendation of the Department unless, after an
investigation and a hearing, the Department determines that
restoration is not in the public interest.
Section 145. Surrender of certificate. Upon the
revocation or suspension of a certificate, the agency or
technician shall immediately surrender the certificate to the
Department, and if the agency or technician fails to do so,
the Department shall have the right to seize the certificate.
Section 150. Temporary suspension of a certificate. The
Director may temporarily suspend the certificate of a
euthanasia agency or euthanasia technician without a hearing,
simultaneously with the institution of proceedings for a
hearing, if the Director finds that evidence in his or her
possession indicates that the continued practice of the
certified euthanasia agency or technician would constitute
cruelty or an imminent danger to the public. If the Director
temporarily suspends the certificate without a hearing, a
hearing by the hearing officer must be held within 30 days of
the suspension.
Section 155. Administrative Law Review. All final
administrative decisions of the Department are subject to
judicial review pursuant to the provisions of the
Administrative Review Law, as now or hereafter amended, and
all rules adopted pursuant to that Law. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
relief resides, but if the party is not a resident of this
State, the venue shall be Sangamon County.
Section 160. Certification of record; costs. The
Department shall not be required to certify any record to the
court or file any answer in court or otherwise appear in a
court in a judicial review proceeding, unless there is filed
in the court, with the complaint, a receipt from the
Department acknowledging payment of the costs of furnishing
and certifying the record. Failure on the part of the
plaintiff to file a receipt in court shall be grounds for
dismissal of the action.
Section 165. Criminal penalties. An agency or
technician who is found to have violated a provision of this
Act is guilty of a Class A misdemeanor. On conviction of a
second or subsequent offense, the violator shall be guilty of
a Class 4 felony.
Section 170. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated in this Act as if all of the provisions of that
Act were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act, which provides that at hearings
the license holder has the right to show compliance with all
lawful requirements for retention, continuation, or renewal
of a license, is specifically excluded. For the purposes of
this Act, the notice required under Section 10-25 of the
Illinois Administrative Procedure Act is deemed sufficient
when mailed to the last known address of a party.
Section 175. Home rule. The regulation and
certification of euthanasia agencies and euthanasia
technicians are exclusive powers and functions of the State.
A home rule unit may not regulate or certify euthanasia
agencies or euthanasia technicians. This Section is a denial
and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
Section 180. Deposit of fees and fines. All of the fees
and civil penalties collected under this Act shall be
deposited into the General Professions Dedicated Fund and
shall be used by the Department for the ordinary and
contingent expenses of the Department.
Section 800. The Veterinary Medicine and Surgery
Practice Act of 1994 is amended by changing Section 4 as
follows:
(225 ILCS 115/4) (from Ch. 111, par. 7004)
Sec. 4. Exemptions. Nothing in this Act shall apply to
any of the following:
(1) Veterinarians employed by the Federal Government
while actually engaged in their official duties.
(2) Licensed veterinarians from other states who are
invited to Illinois for consultation or lecturing.
(3) Veterinarians employed by colleges or universities
or by state agencies, while engaged in the performance of
their official duties.
(4) Veterinary students in an approved college,
university, department of a university or other institution
of veterinary medicine and surgery while in the performance
of duties assigned by their instructors.
(5) Any person engaged in bona fide scientific research
which requires the use of animals.
(6) The dehorning, castration, emasculation or docking
of cattle, horses, sheep, goats and swine in the course or
exchange of work for which no monetary compensation is paid
or to artificial insemination and the drawing of semen. Nor
shall this Act be construed to prohibit any person from
administering, in a humane manner, medicinal or surgical
treatment to any animal belonging to such person, unless
title has been transferred for the purpose of circumventing
this Act. However, any such services shall comply with the
Humane Care for Animals Act.
(7) Members of other licensed professions or any other
individuals when called for consultation and assistance by a
veterinarian licensed in the State of Illinois and who act
under the supervision, direction, and control of the
veterinarian, as further defined by rule of the Department.
(8) Certified euthanasia technicians.
(Source: P.A. 90-52, eff. 7-3-97.)
Section 900. The Animal Control Act is amended by
changing Section 11 as follows:
(510 ILCS 5/11) (from Ch. 8, par. 361)
Sec. 11. When not redeemed by the owner, a dog that which
has been impounded for failure to be inoculated and
registered, if applicable, in accordance with the provisions
of this Act or a cat that has been impounded shall be
humanely dispatched pursuant to the Humane Euthanasia in
Animal Shelters Act or, offered for adoption, or otherwise
disposed of by the pound as a stray dog in accordance with
laws that exist or may hereafter exist. An animal pound or
animal shelter shall not release any dog or cat when not
redeemed by the owner unless the animal has been surgically
rendered incapable of reproduction by spaying or neutering,
or the person wishing to adopt an animal prior to the
surgical procedures having been performed shall have executed
a written agreement promising to have such service performed
within a specified period of time not to exceed 60 days.
Failure to fulfill the terms of the agreement shall result in
seizure and impoundment of the animal by the animal pound or
shelter, and any monies which have been deposited shall be
forfeited. This Act shall not prevent humane societies from
engaging in activities set forth by their charters; provided,
they are not inconsistent with provisions of this Act and
other existing laws. Any person purchasing or adopting such
dog, with or without charge or donation, must pay for the
rabies inoculation of such dog and registration if
applicable.
(Source: P.A. 83-740.)
Section 905. The Illinois Controlled Substances Act is
amended by changing Section 102 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Addict" means any person who habitually uses any
drug, chemical, substance or dangerous drug other than
alcohol so as to endanger the public morals, health, safety
or welfare or who is so far addicted to the use of a
dangerous drug or controlled substance other than alcohol as
to have lost the power of self control with reference to his
addiction.
(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient or
research subject by:
(1) a practitioner (or, in his presence, by his
authorized agent), or
(2) the patient or research subject at the lawful
direction of the practitioner.
(c) "Agent" means an authorized person who acts on
behalf of or at the direction of a manufacturer, distributor,
or dispenser. It does not include a common or contract
carrier, public warehouseman or employee of the carrier or
warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins, and
corticosteroids) that promotes muscle growth, and includes:
(i) boldenone,
(ii) chlorotestosterone,
(iii) chostebol,
(iv) dehydrochlormethyltestosterone,
(v) dihydrotestosterone,
(vi) drostanolone,
(vii) ethylestrenol,
(viii) fluoxymesterone,
(ix) formebulone,
(x) mesterolone,
(xi) methandienone,
(xii) methandranone,
(xiii) methandriol,
(xiv) methandrostenolone,
(xv) methenolone,
(xvi) methyltestosterone,
(xvii) mibolerone,
(xviii) nandrolone,
(xix) norethandrolone,
(xx) oxandrolone,
(xxi) oxymesterone,
(xxii) oxymetholone,
(xxiii) stanolone,
(xxiv) stanozolol,
(xxv) testolactone,
(xxvi) testosterone,
(xxvii) trenbolone, and
(xxviii) any salt, ester, or isomer of a drug
or substance described or listed in this paragraph,
if that salt, ester, or isomer promotes muscle
growth.
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be
administered through implants to livestock or other nonhuman
species, and which is approved by the Secretary of Health and
Human Services for such administration, and which the person
intends to administer or have administered through such
implants, shall not be considered to be in unauthorized
possession or to unlawfully manufacture, distribute,
dispense, deliver, or possess with intent to deliver such
anabolic steroid for purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule under Article II of this
Act whether by transfer from another Schedule or otherwise.
(f) "Controlled Substance" means a drug, substance, or
immediate precursor in the Schedules of Article II of this
Act.
(g) "Counterfeit substance" means a controlled
substance, which, or the container or labeling of which,
without authorization bears the trademark, trade name, or
other identifying mark, imprint, number or device, or any
likeness thereof, of a manufacturer, distributor, or
dispenser other than the person who in fact manufactured,
distributed, or dispensed the substance.
(h) "Deliver" or "delivery" means the actual,
constructive or attempted transfer of possession of a
controlled substance, with or without consideration, whether
or not there is an agency relationship.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) "Department of State Police" means the Department of
State Police of the State of Illinois or its successor
agency.
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Professional Regulation" means the
Department of Professional Regulation of the State of
Illinois or its successor agency.
(m) "Depressant" or "stimulant substance" means:
(1) a drug which contains any quantity of (i)
barbituric acid or any of the salts of barbituric acid
which has been designated as habit forming under section
502 (d) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 352 (d)); or
(2) a drug which contains any quantity of (i)
amphetamine or methamphetamine and any of their optical
isomers; (ii) any salt of amphetamine or methamphetamine
or any salt of an optical isomer of amphetamine; or (iii)
any substance which the Department, after investigation,
has found to be, and by rule designated as, habit forming
because of its depressant or stimulant effect on the
central nervous system; or
(3) lysergic acid diethylamide; or
(4) any drug which contains any quantity of a
substance which the Department, after investigation, has
found to have, and by rule designated as having, a
potential for abuse because of its depressant or
stimulant effect on the central nervous system or its
hallucinogenic effect.
(n) (Blank).
(o) "Director" means the Director of the Department of
State Police or the Department of Professional Regulation or
his designated agents.
(p) "Dispense" means to deliver a controlled substance
to an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in
the official United States Pharmacopoeia, Official
Homeopathic Pharmacopoeia of the United States, or official
National Formulary, or any supplement to any of them; (2)
substances intended for use in diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; (3)
substances (other than food) intended to affect the structure
of any function of the body of man or animals and (4)
substances intended for use as a component of any article
specified in clause (1), (2), or (3) of this subsection. It
does not include devices or their components, parts, or
accessories.
(t-5) "Euthanasia agency" means an entity certified by
the Department of Professional Regulation for the purpose of
animal euthanasia that holds an animal control facility
license or animal shelter license under the Animal Welfare
Act. A euthanasia agency is authorized to purchase, store,
possess, and utilize Schedule II nonnarcotic and Schedule III
nonnarcotic drugs for the sole purpose of animal euthanasia.
(u) "Good faith" means the prescribing or dispensing of
a controlled substance by a practitioner in the regular
course of professional treatment to or for any person who is
under his treatment for a pathology or condition other than
that individual's physical or psychological dependence upon
or addiction to a controlled substance, except as provided
herein: and application of the term to a pharmacist shall
mean the dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to
the following, in making the judgment:
(1) lack of consistency of doctor-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages,
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-1) "Home infusion services" means services provided
by a pharmacy in compounding solutions for direct
administration to a patient in a private residence, long-term
care facility, or hospice setting by means of parenteral,
intravenous, intramuscular, subcutaneous, or intraspinal
infusion.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by
rule designated as being a principal compound used, or
produced primarily for use, in the manufacture of a
controlled substance;
(2) which is an immediate chemical intermediary
used or likely to be used in the manufacture of such
controlled substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(w) "Instructional activities" means the acts of
teaching, educating or instructing by practitioners using
controlled substances within educational facilities approved
by the State Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than
a controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying
physical characteristic of the substance, would lead a
reasonable person to believe that the substance is a
controlled substance, or (2) is expressly or impliedly
represented to be a controlled substance or is distributed
under circumstances which would lead a reasonable person to
believe that the substance is a controlled substance. For the
purpose of determining whether the representations made or
the circumstances of the distribution would lead a reasonable
person to believe the substance to be a controlled substance
under this clause (2) of subsection (y), the court or other
authority may consider the following factors in addition to
any other factor that may be relevant:
(a) statements made by the owner or person in
control of the substance concerning its nature, use or
effect;
(b) statements made to the buyer or recipient that
the substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(d) whether the distribution or attempted
distribution included an exchange of or demand for money
or other property as consideration, and whether the
amount of the consideration was substantially greater
than the reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing
or distributing of noncontrolled substances by persons
authorized to dispense and distribute controlled substances
under this Act, provided that such action would be deemed to
be carried out in good faith under subsection (u) if the
substances involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits
the manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug
or drugs by any person registered pursuant to Section 510 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois,
that delivers, dispenses or distributes, through the United
States Postal Service or other common carrier, to Illinois
residents, any substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance, either directly or indirectly, by
extraction from substances of natural origin, or
independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and
includes any packaging or repackaging of the substance or
labeling of its container, except that this term does not
include:
(1) by an ultimate user, the preparation or
compounding of a controlled substance for his own use; or
(2) by a practitioner, or his authorized agent
under his supervision, the preparation, compounding,
packaging, or labeling of a controlled substance:
(a) as an incident to his administering or
dispensing of a controlled substance in the course
of his professional practice; or
(b) as an incident to lawful research,
teaching or chemical analysis and not for sale.
(z-1) "Methamphetamine manufacturing chemical" means any
of the following chemicals or substances containing any of
the following chemicals: benzyl methyl ketone, ephedrine,
methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or
pseudoephedrine or any of the salts, optical isomers, or
salts of optical isomers of the above-listed chemicals.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) opium and opiate, and any salt, compound,
derivative, or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative, or
preparation thereof which is chemically equivalent or
identical with any of the substances referred to in
clause (1), but not including the isoquinoline alkaloids
of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salts, compound, isomer,
salt of an isomer, derivative, or preparation of coca
leaves including cocaine or ecgonine, and any salt,
compound, isomer, derivative, or preparation thereof
which is chemically equivalent or identical with any of
these substances, but not including decocainized coca
leaves or extractions of coca leaves which do not contain
cocaine or ecgonine (for the purpose of this paragraph,
the term "isomer" includes optical, positional and
geometric isomers).
(bb) "Nurse" means a registered nurse licensed under the
Nursing and Advanced Practice Nursing Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species
Papaver somniferum L., except its seeds.
(ff) "Parole and Pardon Board" means the Parole and
Pardon Board of the State of Illinois or its successor
agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision
or agency, business trust, estate, trust, partnership or
association, or any other entity.
(hh) "Pharmacist" means any person who holds a
certificate of registration as a registered pharmacist, a
local registered pharmacist or a registered assistant
pharmacist under the Pharmacy Practice Act of 1987.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the
Pharmacy Practice Act of 1987.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to
practice medicine in all its branches, dentist, podiatrist,
veterinarian, scientific investigator, pharmacist, physician
assistant, advanced practice nurse, licensed practical nurse,
registered nurse, hospital, laboratory, or pharmacy, or other
person licensed, registered, or otherwise lawfully permitted
by the United States or this State to distribute, dispense,
conduct research with respect to, administer or use in
teaching or chemical analysis, a controlled substance in the
course of professional practice or research.
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been
indicated prior to the time of issuance.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, podiatrist or
veterinarian who issues a prescription, a physician assistant
who issues a prescription for a Schedule III, IV, or V
controlled substance in accordance with Section 303.05 and
the written guidelines required under Section 7.5 of the
Physician Assistant Practice Act of 1987, or an advanced
practice nurse with prescriptive authority in accordance with
Section 303.05 and a written collaborative agreement under
Sections 15-15 and 15-20 of the Nursing and Advanced Practice
Nursing Act.
(nn) "Prescription" means a lawful written, facsimile,
or verbal order of a physician licensed to practice medicine
in all its branches, dentist, podiatrist or veterinarian for
any controlled substance, of a physician assistant for a
Schedule III, IV, or V controlled substance in accordance
with Section 303.05 and the written guidelines required under
Section 7.5 of the Physician Assistant Practice Act of 1987,
or of an advanced practice nurse who issues a prescription
for a Schedule III, IV, or V controlled substance in
accordance with Section 303.05 and a written collaborative
agreement under Sections 15-15 and 15-20 of the Nursing and
Advanced Practice Nursing Act.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
(rr) "State" includes the State of Illinois and any
state, district, commonwealth, territory, insular possession
thereof, and any area subject to the legal authority of the
United States of America.
(ss) "Ultimate user" means a person who lawfully
possesses a controlled substance for his own use or for the
use of a member of his household or for administering to an
animal owned by him or by a member of his household.
(Source: P.A. 90-116, eff. 7-14-97; 90-742, eff. 8-13-98;
90-818, eff. 3-23-99; 91-403, eff. 1-1-00; 91-714, eff.
6-2-00.)
Passed in the General Assembly May 31, 2001.
Approved August 21, 2001.
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