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92nd General Assembly

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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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