SB0206 EngrossedLRB099 03366 RLC 23374 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 



4 Section 5. The Illinois Controlled Substances Act is 
5amended by changing Section 102 and by adding Section 201.1 as 
6follows:

7 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
8 Sec. 102. Definitions.  As used in this Act, unless the 
9context
otherwise requires:


10 (a) "Addict" means any person who habitually uses any drug, 
11chemical,
substance or dangerous drug other than alcohol so as 
12to endanger the public
morals, health, safety or welfare or who 
13is so far addicted to the use of a
dangerous drug or controlled 
14substance other than alcohol as to have lost
the power of self 
15control with reference to his or her addiction.


16 (b) "Administer" means the direct application of a 
17controlled
substance, whether by injection, inhalation, 
18ingestion, or any other
means, to the body of a patient, 
19research subject, or animal (as
defined by the Humane 
20Euthanasia in Animal Shelters Act) by:


21  (1) a practitioner (or, in his or her presence, by his 
22 or her authorized agent),


23  (2) the patient or research subject pursuant to an 
 
 
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1 order, or


2  (3) a euthanasia technician as defined by the Humane 
3 Euthanasia in
Animal Shelters Act.


4 (c) "Agent" means an authorized person who acts on behalf 
5of or at
the direction of a manufacturer, distributor, 
6dispenser, prescriber, or practitioner. It does not
include a 
7common or contract carrier, public warehouseman or employee of

8the carrier or warehouseman.


9 (c-1) "Anabolic Steroids" means any drug or hormonal 
10substance,
chemically and pharmacologically related to 
11testosterone (other than
estrogens, progestins, 
12corticosteroids, and dehydroepiandrosterone),
and includes:


13 (i) 3[beta],17-dihydroxy-5a-androstane, 
14 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
15 (iii) 5[alpha]-androstan-3,17-dione, 
16 (iv) 1-androstenediol (3[beta], 
17  17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
18 (v) 1-androstenediol (3[alpha], 
19  17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
20 (vi) 4-androstenediol 
21  (3[beta],17[beta]-dihydroxy-androst-4-ene), 
22 (vii) 5-androstenediol 
23  (3[beta],17[beta]-dihydroxy-androst-5-ene), 
24 (viii) 1-androstenedione 
25  ([5alpha]-androst-1-en-3,17-dione), 
26 (ix) 4-androstenedione 
 
 
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1  (androst-4-en-3,17-dione), 
2 (x) 5-androstenedione 
3  (androst-5-en-3,17-dione), 
4 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
5  hydroxyandrost-4-en-3-one), 
6 (xii) boldenone (17[beta]-hydroxyandrost- 
7  1,4,-diene-3-one), 
8 (xiii) boldione (androsta-1,4- 
9  diene-3,17-dione), 
10 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
11  [beta]-hydroxyandrost-4-en-3-one), 
12 (xv) clostebol (4-chloro-17[beta]- 
13  hydroxyandrost-4-en-3-one), 
14 (xvi) dehydrochloromethyltestosterone (4-chloro- 
15  17[beta]-hydroxy-17[alpha]-methyl- 
16  androst-1,4-dien-3-one), 
17 (xvii) desoxymethyltestosterone 
18 (17[alpha]-methyl-5[alpha] 
19  -androst-2-en-17[beta]-ol)(a.k.a., madol), 
20 (xviii) [delta]1-dihydrotestosterone (a.k.a. 
21  '1-testosterone') (17[beta]-hydroxy- 
22  5[alpha]-androst-1-en-3-one), 
23 (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
24  androstan-3-one), 
25 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
26  5[alpha]-androstan-3-one), 
 
 
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1 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
2  hydroxyestr-4-ene), 
3 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
4  1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
5 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
6  17[beta]-dihydroxyandrost-1,4-dien-3-one), 
7 (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
8  hydroxyandrostano[2,3-c]-furazan), 
9 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
10 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
11  androst-4-en-3-one), 
12 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
13  dihydroxy-estr-4-en-3-one), 
14 (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
15  hydroxy-5-androstan-3-one), 
16 (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
17  [5a]-androstan-3-one), 
18 (xxx) methandienone (17[alpha]-methyl-17[beta]- 
19  hydroxyandrost-1,4-dien-3-one), 
20 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
21  dihydroxyandrost-5-ene), 
22 (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
23  5[alpha]-androst-1-en-3-one), 
24 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
25  dihydroxy-5a-androstane), 
26 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
 
 
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1  -5a-androstane), 
2 (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
3  dihydroxyandrost-4-ene), 
4 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
5  methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
6 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
7  hydroxyestra-4,9(10)-dien-3-one), 
8 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
9  hydroxyestra-4,9-11-trien-3-one), 
10 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
11  hydroxyandrost-4-en-3-one), 
12 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
13  hydroxyestr-4-en-3-one), 
14 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone 
15  (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
16  androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
17  1-testosterone'), 
18 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
19 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
20  dihydroxyestr-4-ene), 
21 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
22  dihydroxyestr-4-ene), 
23 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
24  dihydroxyestr-5-ene), 
25 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
26  dihydroxyestr-5-ene), 
 
 
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1 (xlvii) 19-nor-4,9(10)-androstadienedione 
2  (estra-4,9(10)-diene-3,17-dione), 
3 (xlviii) 19-nor-4-androstenedione (estr-4- 
4  en-3,17-dione), 
5 (xlix) 19-nor-5-androstenedione (estr-5- 
6  en-3,17-dione), 
7 (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
8  hydroxygon-4-en-3-one), 
9 (li) norclostebol (4-chloro-17[beta]- 
10  hydroxyestr-4-en-3-one), 
11 (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
12  hydroxyestr-4-en-3-one), 
13 (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
14  hydroxyestr-4-en-3-one), 
15 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
16  2-oxa-5[alpha]-androstan-3-one), 
17 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
18  dihydroxyandrost-4-en-3-one), 
19 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
20  17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
21 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
22  (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
23 (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
24  (5[alpha]-androst-1-en-3-one), 
25 (lix) testolactone (13-hydroxy-3-oxo-13,17- 
26  secoandrosta-1,4-dien-17-oic 
 
 
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1  acid lactone), 
2 (lx) testosterone (17[beta]-hydroxyandrost- 
3  4-en-3-one), 
4 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
5  diethyl-17[beta]-hydroxygon- 
6  4,9,11-trien-3-one), 
7 (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
8  11-trien-3-one). 

9 Any person who is otherwise lawfully in possession of an 
10anabolic
steroid, or who otherwise lawfully manufactures, 
11distributes, dispenses,
delivers, or possesses with intent to 
12deliver an anabolic steroid, which
anabolic steroid is 
13expressly intended for and lawfully allowed to be
administered 
14through implants to livestock or other nonhuman species, and

15which is approved by the Secretary of Health and Human Services 
16for such
administration, and which the person intends to 
17administer or have
administered through such implants, shall 
18not be considered to be in
unauthorized possession or to 
19unlawfully manufacture, distribute, dispense,
deliver, or 
20possess with intent to deliver such anabolic steroid for

21purposes of this Act.


22 (d) "Administration" means the Drug Enforcement 
23Administration,
United States Department of Justice, or its 
24successor agency.


25 (d-5) "Clinical Director, Prescription Monitoring Program" 
26means a Department of Human Services administrative employee 
 
 
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1licensed to either prescribe or dispense controlled substances 
2who shall run the clinical aspects of the Department of Human 
3Services Prescription Monitoring Program and its Prescription 
4Information Library.
5 (d-10) "Compounding" means the preparation and mixing of 
6components, excluding flavorings, (1) as the result of a 
7prescriber's prescription drug order or initiative based on the 
8prescriber-patient-pharmacist relationship in the course of 
9professional practice or (2) for the purpose of, or incident 
10to, research, teaching, or chemical analysis and not for sale 
11or dispensing. "Compounding" includes the preparation of drugs 
12or devices in anticipation of receiving prescription drug 
13orders based on routine, regularly observed dispensing 
14patterns. Commercially available products may be compounded 
15for dispensing to individual patients only if both of the 
16following conditions are met: (i) the commercial product is not 
17reasonably available from normal distribution channels in a 
18timely manner to meet the patient's needs and (ii) the 
19prescribing practitioner has requested that the drug be 
20compounded. 
21 (e) "Control" means to add a drug or other substance, or 
22immediate
precursor, to a Schedule whether by
transfer from 
23another Schedule or otherwise.


24 (f) "Controlled Substance" means (i) a drug, substance, or 
25immediate
precursor, synthetic drug, or class of synthetic drug 
26in the Schedules of Article II of this Act or (ii) a drug or 
 
 
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1other substance, or immediate precursor, synthetic drug, or 
2class of synthetic drug designated as a controlled substance by 
3the Department through administrative rule. The term does not 
4include distilled spirits, wine, malt beverages, or tobacco, as 
5those terms are
defined or used in the Liquor Control Act of 
61934 and the Tobacco Products Tax
Act of 1995.


7 (f-5) "Controlled substance analog" means a substance:
8  (1) the chemical structure of which is substantially 
9 similar to the chemical structure of a controlled substance 
10 in Schedule I or II;
11  (2) which has a stimulant, depressant, or 
12 hallucinogenic effect on the central nervous system that is 
13 substantially similar to or greater than the stimulant, 
14 depressant, or hallucinogenic effect on the central 
15 nervous system of a controlled substance in Schedule I or 
16 II; or
17  (3) with respect to a particular person, which such 
18 person represents or intends to have a stimulant, 
19 depressant, or hallucinogenic effect on the central 
20 nervous system that is substantially similar to or greater 
21 than the stimulant, depressant, or hallucinogenic effect 
22 on the central nervous system of a controlled substance in 
23 Schedule I or II. 
24 (g) "Counterfeit substance" means a controlled substance, 
25which, or
the container or labeling of which, without 
26authorization bears the
trademark, trade name, or other 
 
 
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1identifying mark, imprint, number or
device, or any likeness 
2thereof, of a manufacturer, distributor, or
dispenser other 
3than the person who in fact manufactured, distributed,
or 
4dispensed the substance.


5 (h) "Deliver" or "delivery" means the actual, constructive 
6or
attempted transfer of possession of a controlled substance, 
7with or
without consideration, whether or not there is an 
8agency relationship.


9 (i) "Department" means the Illinois Department of Human 
10Services (as
successor to the Department of Alcoholism and 
11Substance Abuse) or its successor agency.


12 (j) (Blank).


13 (k) "Department of Corrections" means the Department of 
14Corrections
of the State of Illinois or its successor agency.


15 (l) "Department of Financial and Professional Regulation" 
16means the Department
of Financial and Professional Regulation 
17of the State of Illinois or its successor agency.


18 (m) "Depressant" means any drug that (i) causes an overall 
19depression of central nervous system functions, (ii) causes 
20impaired consciousness and awareness, and (iii) can be 
21habit-forming or lead to a substance abuse problem, including 
22but not limited to alcohol, cannabis and its active principles 
23and their analogs, benzodiazepines and their analogs, 
24barbiturates and their analogs, opioids (natural and 
25synthetic) and their analogs, and chloral hydrate and similar 
26sedative hypnotics.


 
 
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1 (n) (Blank).


2 (o) "Director" means the Director of the Illinois State 
3Police or his or her designated agents.


4 (p) "Dispense" means to deliver a controlled substance to 
5an
ultimate user or research subject by or pursuant to the 
6lawful order of
a prescriber, including the prescribing, 
7administering, packaging,
labeling, or compounding necessary 
8to prepare the substance for that
delivery.


9 (q) "Dispenser" means a practitioner who dispenses.


10 (r) "Distribute" means to deliver, other than by 
11administering or
dispensing, a controlled substance.


12 (s) "Distributor" means a person who distributes.


13 (t) "Drug" means (1) substances recognized as drugs in the 
14official
United States Pharmacopoeia, Official Homeopathic 
15Pharmacopoeia of the
United States, or official National 
16Formulary, or any supplement to any
of them; (2) substances 
17intended for use in diagnosis, cure, mitigation,
treatment, or 
18prevention of disease in man or animals; (3) substances
(other 
19than food) intended to affect the structure of any function of

20the body of man or animals and (4) substances intended for use 
21as a
component of any article specified in clause (1), (2), or 
22(3) of this
subsection. It does not include devices or their 
23components, parts, or
accessories.


24 (t-5) "Euthanasia agency" means
an entity certified by the 
25Department of Financial and Professional Regulation for the

26purpose of animal euthanasia that holds an animal control 
 
 
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1facility license or
animal
shelter license under the Animal 
2Welfare Act. A euthanasia agency is
authorized to purchase, 
3store, possess, and utilize Schedule II nonnarcotic and

4Schedule III nonnarcotic drugs for the sole purpose of animal 
5euthanasia.


6 (t-10) "Euthanasia drugs" means Schedule II or Schedule III 
7substances
(nonnarcotic controlled substances) that are used 
8by a euthanasia agency for
the purpose of animal euthanasia.


9 (u) "Good faith" means the prescribing or dispensing of a 
10controlled
substance by a practitioner in the regular course of 
11professional
treatment to or for any person who is under his or 
12her treatment for a
pathology or condition other than that 
13individual's physical or
psychological dependence upon or 
14addiction to a controlled substance,
except as provided herein: 
15and application of the term to a pharmacist
shall mean the 
16dispensing of a controlled substance pursuant to the

17prescriber's order which in the professional judgment of the 
18pharmacist
is lawful. The pharmacist shall be guided by 
19accepted professional
standards including, but not limited to 
20the following, in making the
judgment:


21  (1) lack of consistency of prescriber-patient 
22 relationship,


23  (2) frequency of prescriptions for same drug by one 
24 prescriber for
large numbers of patients,


25  (3) quantities beyond those normally prescribed,


26  (4) unusual dosages (recognizing that there may be 
 
 
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1 clinical circumstances where more or less than the usual 
2 dose may be used legitimately),


3  (5) unusual geographic distances between patient, 
4 pharmacist and
prescriber,


5  (6) consistent prescribing of habit-forming drugs.


6 (u-0.5) "Hallucinogen" means a drug that causes markedly 
7altered sensory perception leading to hallucinations of any 
8type. 
9 (u-1) "Home infusion services" means services provided by a 
10pharmacy in
compounding solutions for direct administration to 
11a patient in a private
residence, long-term care facility, or 
12hospice setting by means of parenteral,
intravenous, 
13intramuscular, subcutaneous, or intraspinal infusion.


14 (u-5) "Illinois State Police" means the State
Police of the 
15State of Illinois, or its successor agency. 
16 (v) "Immediate precursor" means a substance:


17  (1) which the Department has found to be and by rule 
18 designated as
being a principal compound used, or produced 
19 primarily for use, in the
manufacture of a controlled 
20 substance;


21  (2) which is an immediate chemical intermediary used or 
22 likely to
be used in the manufacture of such controlled 
23 substance; and


24  (3) the control of which is necessary to prevent, 
25 curtail or limit
the manufacture of such controlled 
26 substance.


 
 
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1 (w) "Instructional activities" means the acts of teaching, 
2educating
or instructing by practitioners using controlled 
3substances within
educational facilities approved by the State 
4Board of Education or
its successor agency.


5 (x) "Local authorities" means a duly organized State, 
6County or
Municipal peace unit or police force.


7 (y) "Look-alike substance" means a substance, other than a 
8controlled
substance which (1) by overall dosage unit 
9appearance, including shape,
color, size, markings or lack 
10thereof, taste, consistency, or any other
identifying physical 
11characteristic of the substance, would lead a reasonable
person 
12to believe that the substance is a controlled substance, or (2) 
13is
expressly or impliedly represented to be a controlled 
14substance or is
distributed under circumstances which would 
15lead a reasonable person to
believe that the substance is a 
16controlled substance. For the purpose of
determining whether 
17the representations made or the circumstances of the

18distribution would lead a reasonable person to believe the 
19substance to be
a controlled substance under this clause (2) of 
20subsection (y), the court or
other authority may consider the 
21following factors in addition to any other
factor that may be 
22relevant:


23  (a) statements made by the owner or person in control 
24 of the substance
concerning its nature, use or effect;


25  (b) statements made to the buyer or recipient that the 
26 substance may
be resold for profit;


 
 
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1  (c) whether the substance is packaged in a manner 
2 normally used for the
illegal distribution of controlled 
3 substances;


4  (d) whether the distribution or attempted distribution 
5 included an
exchange of or demand for money or other 
6 property as consideration, and
whether the amount of the 
7 consideration was substantially greater than the

8 reasonable retail market value of the substance.


9 Clause (1) of this subsection (y) shall not apply to a 
10noncontrolled
substance in its finished dosage form that was 
11initially introduced into
commerce prior to the initial 
12introduction into commerce of a controlled
substance in its 
13finished dosage form which it may substantially resemble.


14 Nothing in this subsection (y) prohibits the dispensing or 
15distributing
of noncontrolled substances by persons authorized 
16to dispense and
distribute controlled substances under this 
17Act, provided that such action
would be deemed to be carried 
18out in good faith under subsection (u) if the
substances 
19involved were controlled substances.


20 Nothing in this subsection (y) or in this Act prohibits the 
21manufacture,
preparation, propagation, compounding, 
22processing, packaging, advertising
or distribution of a drug or 
23drugs by any person registered pursuant to
Section 510 of the 
24Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).


25 (y-1) "Mail-order pharmacy" means a pharmacy that is 
26located in a state
of the United States that delivers, 
 
 
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1dispenses or
distributes, through the United States Postal 
2Service or other common
carrier, to Illinois residents, any 
3substance which requires a prescription.


4 (z) "Manufacture" means the production, preparation, 
5propagation,
compounding, conversion or processing of a 
6controlled substance other than methamphetamine, either

7directly or indirectly, by extraction from substances of 
8natural origin,
or independently by means of chemical 
9synthesis, or by a combination of
extraction and chemical 
10synthesis, and includes any packaging or
repackaging of the 
11substance or labeling of its container, except that
this term 
12does not include:


13  (1) by an ultimate user, the preparation or compounding 
14 of a
controlled substance for his or her own use; or


15  (2) by a practitioner, or his or her authorized agent 
16 under his or her
supervision, the preparation, 
17 compounding, packaging, or labeling of a
controlled 
18 substance:


19   (a) as an incident to his or her administering or 
20 dispensing of a
controlled substance in the course of 
21 his or her professional practice; or


22   (b) as an incident to lawful research, teaching or 
23 chemical
analysis and not for sale.


24 (z-1) (Blank).


25 (z-5) "Medication shopping" means the conduct prohibited 
26under subsection (a) of Section 314.5 of this Act.
 
 
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1 (z-10) "Mid-level practitioner" means (i) a physician 
2assistant who has been delegated authority to prescribe through 
3a written delegation of authority by a physician licensed to 
4practice medicine in all of its branches, in accordance with 
5Section 7.5 of the Physician Assistant Practice Act of 1987, 
6(ii) an advanced practice nurse who has been delegated 
7authority to prescribe through a written delegation of 
8authority by a physician licensed to practice medicine in all 
9of its branches or by a podiatric physician, in accordance with 
10Section 65-40 of the Nurse Practice Act, (iii) an animal 
11euthanasia agency, or (iv) a prescribing psychologist. 
12 (aa) "Narcotic drug" means any of the following, whether 
13produced
directly or indirectly by extraction from substances 
14of vegetable origin,
or independently by means of chemical 
15synthesis, or by a combination of
extraction and chemical 
16synthesis:


17  (1) opium, opiates, derivatives of opium and opiates, 
18 including their isomers, esters, ethers, salts, and salts 
19 of isomers, esters, and ethers, whenever the existence of 
20 such isomers, esters, ethers, and salts is possible within 
21 the specific chemical designation; however the term 
22 "narcotic drug" does not include the isoquinoline 
23 alkaloids of opium;


24  (2) (blank);


25  (3) opium poppy and poppy straw;


26  (4) coca leaves, except coca leaves and extracts of 
 
 
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1 coca leaves from which substantially all of the cocaine and 
2 ecgonine, and their isomers, derivatives and salts, have 
3 been removed;


4  (5) cocaine, its salts, optical and geometric isomers, 
5 and salts of isomers;
6  (6) ecgonine, its derivatives, their salts, isomers, 
7 and salts of isomers;
8  (7) any compound, mixture, or preparation which 
9 contains any quantity of any of the substances referred to 
10 in subparagraphs (1) through (6). 
11 (bb) "Nurse" means a registered nurse licensed under the

12Nurse Practice Act.


13 (cc) (Blank).


14 (dd) "Opiate" means any substance having an addiction 
15forming or
addiction sustaining liability similar to morphine 
16or being capable of
conversion into a drug having addiction 
17forming or addiction sustaining
liability.


18 (ee) "Opium poppy" means the plant of the species Papaver

19somniferum L., except its seeds.


20 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or 
21solution or other liquid form of medication intended for 
22administration by mouth, but the term does not include a form 
23of medication intended for buccal, sublingual, or transmucosal 
24administration. 
25 (ff) "Parole and Pardon Board" means the Parole and Pardon 
26Board of
the State of Illinois or its successor agency.


 
 
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1 (gg) "Person" means any individual, corporation, 
2mail-order pharmacy,
government or governmental subdivision or 
3agency, business trust, estate,
trust, partnership or 
4association, or any other entity.


5 (hh) "Pharmacist" means any person who holds a license or 
6certificate of
registration as a registered pharmacist, a local 
7registered pharmacist
or a registered assistant pharmacist 
8under the Pharmacy Practice Act.


9 (ii) "Pharmacy" means any store, ship or other place in 
10which
pharmacy is authorized to be practiced under the Pharmacy 
11Practice Act.


12 (ii-5) "Pharmacy shopping" means the conduct prohibited 
13under subsection (b) of Section 314.5 of this Act.
14 (ii-10) "Physician" (except when the context otherwise 
15requires) means a person licensed to practice medicine in all 
16of its branches. 
17 (jj) "Poppy straw" means all parts, except the seeds, of 
18the opium
poppy, after mowing.


19 (kk) "Practitioner" means a physician licensed to practice 
20medicine in all
its branches, dentist, optometrist, podiatric 
21physician,
veterinarian, scientific investigator, pharmacist, 
22physician assistant,
advanced practice nurse,
licensed 
23practical
nurse, registered nurse, hospital, laboratory, or 
24pharmacy, or other
person licensed, registered, or otherwise 
25lawfully permitted by the
United States or this State to 
26distribute, dispense, conduct research
with respect to, 
 
 
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1administer or use in teaching or chemical analysis, a

2controlled substance in the course of professional practice or 
3research.


4 (ll) "Pre-printed prescription" means a written 
5prescription upon which
the designated drug has been indicated 
6prior to the time of issuance; the term does not mean a written 
7prescription that is individually generated by machine or 
8computer in the prescriber's office.


9 (mm) "Prescriber" means a physician licensed to practice 
10medicine in all
its branches, dentist, optometrist, 
11prescribing psychologist licensed under Section 4.2 of the 
12Clinical Psychologist Licensing Act with prescriptive 
13authority delegated under Section 4.3 of the Clinical 
14Psychologist Licensing Act, podiatric physician, or

15veterinarian who issues a prescription, a physician assistant 
16who
issues a
prescription for a controlled substance
in 
17accordance
with Section 303.05, a written delegation, and a 
18written supervision agreement required under Section 7.5
of the

19Physician Assistant Practice Act of 1987, or an advanced 
20practice
nurse with prescriptive authority delegated under 
21Section 65-40 of the Nurse Practice Act and in accordance with 
22Section 303.05, a written delegation,
and a written

23collaborative agreement under Section 65-35 of the Nurse 
24Practice Act.


25 (nn) "Prescription" means a written, facsimile, or oral 
26order, or an electronic order that complies with applicable 
 
 
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1federal requirements,
of
a physician licensed to practice 
2medicine in all its branches,
dentist, podiatric physician or 
3veterinarian for any controlled
substance, of an optometrist 
4for a Schedule II, III, IV, or V controlled substance in 
5accordance with Section 15.1 of the Illinois Optometric 
6Practice Act of 1987, of a prescribing psychologist licensed 
7under Section 4.2 of the Clinical Psychologist Licensing Act 
8with prescriptive authority delegated under Section 4.3 of the 
9Clinical Psychologist Licensing Act, of a physician assistant 
10for a
controlled substance
in accordance with Section 303.05, a 
11written delegation, and a written supervision agreement 
12required under
Section 7.5 of the
Physician Assistant Practice 
13Act of 1987, or of an advanced practice
nurse with prescriptive 
14authority delegated under Section 65-40 of the Nurse Practice 
15Act who issues a prescription for a
controlled substance in 
16accordance
with
Section 303.05, a written delegation, and a 
17written collaborative agreement under Section 65-35 of the 
18Nurse Practice Act when required by law.


19 (nn-5) "Prescription Information Library" (PIL) means an 
20electronic library that contains reported controlled substance 
21data.
22 (nn-10) "Prescription Monitoring Program" (PMP) means the 
23entity that collects, tracks, and stores reported data on 
24controlled substances and select drugs pursuant to Section 316. 
25 (oo) "Production" or "produce" means manufacture, 
26planting,
cultivating, growing, or harvesting of a controlled 
 
 
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1substance other than methamphetamine.


2 (pp) "Registrant" means every person who is required to 
3register
under Section 302 of this Act.


4 (qq) "Registry number" means the number assigned to each 
5person
authorized to handle controlled substances under the 
6laws of the United
States and of this State.


7 (qq-5) "Secretary" means, as the context requires, either 
8the Secretary of the Department or the Secretary of the 
9Department of Financial and Professional Regulation, and the 
10Secretary's designated agents. 
11 (rr) "State" includes the State of Illinois and any state, 
12district,
commonwealth, territory, insular possession thereof, 
13and any area
subject to the legal authority of the United 
14States of America.


15 (rr-5) "Stimulant" means any drug that (i) causes an 
16overall excitation of central nervous system functions, (ii) 
17causes impaired consciousness and awareness, and (iii) can be 
18habit-forming or lead to a substance abuse problem, including 
19but not limited to amphetamines and their analogs, 
20methylphenidate and its analogs, cocaine, and phencyclidine 
21and its analogs. 
22 (rr-10) "Synthetic drug" includes, but is not limited to, 
23any synthetic cannabinoids, piperazines, or cathinones, 
24identified either by a specific chemical configuration or as 
25belonging to a specific structural class, as provided for in 
26the Schedules of Article II of this Act or designated as a 
 
 
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1controlled substance by the Department through administrative 
2rule. 
3 (ss) "Ultimate user" means a person who lawfully possesses 
4a
controlled substance for his or her own use or for the use of 
5a member of his or her
household or for administering to an 
6animal owned by him or her or by a member
of his or her 
7household.


8(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668, 
9eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 
10revised 10-1-14.)


11 (720 ILCS 570/201.1 new)
12 Sec. 201.1. Department of Human Services; class schedules.
13 (a) The General Assembly recognizes the recent growth of 
14synthetic drugs and the dangers they create. The General 
15Assembly further recognizes that the chemical structure of 
16synthetic drugs can be easily manipulated to avoid containing 
17newly controlled substances. It is the intent of this 
18amendatory Act of the 99th General Assembly to create a process 
19by which synthetic drugs and their analogs may be scheduled as 
20controlled substances based upon their underlying chemical 
21structure in addition to their specific chemical 
22configuration.
23 (b) The Department, by rule, may identify certain classes 
24of synthetic drugs and schedule them according to the schedule 
25of the controlled substance or substances they encompass.
 
 
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1 (c) To identify new chemical formulas and structural 
2classes of synthetic drugs and their analogs, the Department 
3may consult with the Department of State Police Division of 
4Forensic Services, the United States Department of Justice Drug 
5Enforcement Administration, the United States Office of 
6National Drug Control Policy, the State Board of Pharmacy, the 
7Office of the Attorney General, or with any other agency or 
8group that may have pertinent information regarding synthetic 
9drugs, their chemical structure, effects, or potential for 
10abuse.
11 (d) In making the determination of whether to schedule a 
12class of synthetic drugs, the Department shall consider:
13  (1) the structural similarity between the chemical 
14 configuration of synthetic drugs and their analogs and 
15 their ability to be classified based upon their shared 
16 structure;
17  (2) the degree of danger or probable danger of the 
18 chemical compounds that the class would encompass, as set 
19 forth in subsection (a) of Section 201 of this Act;
20  (3) the substantial similarity between the synthetic 
21 drugs encompassed by the proposed class and the controlled 
22 substance or substances they mimic by comparing any or all 
23 of the following:
24   (A) their chemical structure;
25   (B) their stimulant, depressant, or hallucinogenic 
26 effect on the central nervous system;
 
 
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1   (C) the similarity of their effects on particular 
2 receptors;
3   (D) the degree to which the proposed class of 
4 substances mimics the pharmacological, physiological, 
5 or psychological effect of a controlled substance; or
6   (E) the ability of manufacturers to circumvent 
7 statutory criteria by merely manipulating the chemical 
8 structure in endless variations with the 
9 pharmacological effect remaining substantially 
10 unchanged;
11  (4) the extent to which the substances at issue have a 
12 demonstrated bona fide use;
13  (5) the extent to which the substances at issue are 
14 implicitly intended for human consumption; and
15  (6) any misleading importation, manufacture, 
16 distribution, labeling, or advertising of products 
17 containing substances that would be included within the 
18 proposed class.
19 (e) If any synthetic drug or class of synthetic drug is 
20scheduled, rescheduled, or deleted as a controlled substance 
21under federal law and notice of the scheduling, rescheduling, 
22or deletion is given to the Department, the Department shall 
23follow the procedure set forth in subsection (d) of Section 201 
24of this Act.