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1		AN ACT concerning health.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Mental Health and Developmental
5		Disabilities Administrative Act is amended by changing Section
6		4 as follows:
7		(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
8		Sec. 4. Supervision of facilities and services; quarterly
9		reports.
10		(a) To exercise executive and administrative supervision
11		over all facilities, divisions, programs and services now
12		existing or hereafter acquired or created under the
13		jurisdiction of the Department, including, but not limited to,
14		the following:
15		The Alton Mental Health Center, at Alton
16		The Clyde L. Choate Mental Health and Developmental
17		Center, at Anna
18		The Chester Mental Health Center, at Chester
19		The Chicago-Read Mental Health Center, at Chicago
20		The Elgin Mental Health Center, at Elgin
21		The Metropolitan Children and Adolescents Center, at
22		Chicago
23		The Jacksonville Developmental Center, at Jacksonville

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1		The Governor Samuel H. Shapiro Developmental Center,
2		at Kankakee
3		The Tinley Park Mental Health Center, at Tinley Park
4		The Warren G. Murray Developmental Center, at
5		Centralia
6		The Jack Mabley Developmental Center, at Dixon
7		The Lincoln Developmental Center, at Lincoln
8		The H. Douglas Singer Mental Health and Developmental
9		Center, at Rockford
10		The John J. Madden Mental Health Center, at Chicago
11		The George A. Zeller Mental Health Center, at Peoria
12		The Elizabeth Parsons Ware Packard Andrew McFarland
13		Mental Health Center, at Springfield
14		The Adolf Meyer Mental Health Center, at Decatur
15		The William W. Fox Developmental Center, at Dwight
16		The Elisabeth Ludeman Developmental Center, at Park
17		Forest
18		The William A. Howe Developmental Center, at Tinley
19		Park
20		The Ann M. Kiley Developmental Center, at Waukegan.
21		(b) Beginning not later than July 1, 1977, the Department
22		shall cause each of the facilities under its jurisdiction
23		which provide in-patient care to comply with standards, rules
24		and regulations of the Department of Public Health prescribed
25		under Section 6.05 of the Hospital Licensing Act.
26		(b-5) The Department shall cause each of the facilities

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1		under its jurisdiction that provide in-patient care to comply
2		with Section 6.25 of the Hospital Licensing Act.
3		(c) The Department shall issue quarterly electronic
4		reports to the General Assembly on admissions, deflections,
5		discharges, bed closures, staff-resident ratios, census,
6		average length of stay, and any adverse federal certification
7		or accreditation findings, if any, for each State-operated
8		facility for the mentally ill and for persons with
9		developmental disabilities. The quarterly reports shall be
10		issued by January 1, April 1, July 1, and October 1 of each
11		year. The quarterly reports shall include the following
12		information for each facility reflecting the period ending 15
13		days prior to the submission of the report:
14		(1) the number of employees;
15		(2) the number of workplace violence incidents that
16		occurred, including the number that were a direct assault
17		on employees by residents and the number that resulted
18		from staff intervention in a resident altercation or other
19		form of injurious behavior;
20		(3) the number of employees impacted in each incident;
21		and
22		(4) the number of employee injuries resulting,
23		descriptions of the nature of the injuries, the number of
24		employee injuries requiring medical treatment at the
25		facility, the number of employee injuries requiring
26		outside medical treatment, and the number of days off work

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1		per injury.
2		(d) The requirements in subsection (c) do not relieve the
3		Department from the recordkeeping requirements of the
4		Occupational Safety and Health Act.
5		(e) The Department shall:
6		(1) establish a reasonable procedure for employees to
7		report work-related assaults and injuries. A procedure is
8		not reasonable if it would deter or discourage a
9		reasonable employee from accurately reporting a workplace
10		assault or injury;
11		(2) inform each employee:
12		(A) of the procedure for reporting work-related
13		assaults and injuries;
14		(B) of the right to report work-related assaults
15		and injuries; and
16		(C) that the Department is prohibited from
17		discharging or in any manner discriminating against
18		employees for reporting work-related assaults and
19		injuries; and
20		(3) not discharge, discipline, or in any manner
21		discriminate against any employee for reporting a
22		work-related assault or injury.
23		(Source: P.A. 99-143, eff. 7-27-15; 100-1075, eff. 1-1-19.)
24		(405 ILCS 95/Act rep.)
25		Section 10. The Perinatal Mental Health Disorders

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1		Prevention and Treatment Act is repealed.
2		Section 15. The Maternal Mental Health Conditions
3		Education, Early Diagnosis, and Treatment Act is amended by
4		changing Sections 5, 10, and 15 and by adding Sections 9 and 14
5		as follows:
6		(405 ILCS 120/5)
7		Sec. 5. Findings. The General Assembly finds the
8		following:
9		(1) Maternal depression is a common complication of
10		pregnancy. Maternal mental health disorders encompass a
11		range of mental health conditions, such as depression,
12		anxiety, and postpartum psychosis.
13		(2) Maternal mental health conditions affect one in 5
14		women during or after pregnancy, but all women are at risk
15		of suffering from maternal mental health conditions.
16		(3) Untreated maternal mental health conditions
17		significantly and negatively impact the short-term and
18		long-term health and well-being of affected women and
19		their children.
20		(4) Untreated maternal mental health conditions cause
21		adverse birth outcomes, impaired maternal-infant bonding,
22		poor infant growth, childhood emotional and behavioral
23		problems, and significant medical and economic costs,
24		estimated to be $22,500 per mother.

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1		(5) Lack of understanding and social stigma of mental
2		health conditions prevent women and families from
3		understanding the signs, symptoms, and risks involved with
4		maternal mental health conditions and disproportionately
5		affect women who lack access to social support networks.
6		(6) It is the intent of the General Assembly to raise
7		awareness of the risk factors, signs, symptoms, and
8		treatment options for maternal mental health conditions
9		among pregnant women and their families, the general
10		public, primary health care providers, and health care
11		providers who care for pregnant women, postpartum women,
12		and newborn infants.
13		(Source: P.A. 101-512, eff. 1-1-20.)
14		(405 ILCS 120/9 new)
15		Sec. 9. Intent. It is the intent of the General Assembly:
16		(1) to raise awareness of the risk factors, signs,
17		symptoms, and treatment options for maternal mental health
18		conditions among pregnant women and their families, the
19		general public, primary care providers, and health care
20		providers who care for pregnant women, postpartum women,
21		and newborn infants;
22		(2) to provide information to women and their families
23		about maternal mental health conditions in order to lower
24		the likelihood that new mothers will continue to suffer
25		from this illness in silence;

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1		(3) to develop procedures for assessing women for
2		maternal mental health conditions during prenatal and
3		postnatal visits to licensed health care professionals;
4		and
5		(4) to promote early detection of maternal mental
6		health conditions to promote early care and treatment and,
7		when medically appropriate, to avoid medication.
8		(405 ILCS 120/10)
9		Sec. 10. Definitions. In this Act:
10		"Birthing hospital" means a hospital that has an approved
11		obstetric category of service and licensed beds by the Health
12		Facilities and Services Review Board.
13		"Department" means the Department of Human Services.
14		"Licensed health care professional" means a physician
15		licensed to practice medicine in all its branches, a licensed
16		advanced practice registered nurse, or a licensed physician
17		assistant.
18		"Maternal mental health condition" means a mental health
19		condition that occurs during pregnancy or during the
20		postpartum period and includes, but is not limited to,
21		postpartum depression.
22		"Postnatal care" means an office visit to a licensed
23		health care professional occurring after birth, with reference
24		to the infant or mother.
25		"Prenatal care" means an office visit to a licensed health

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1		care professional for pregnancy-related care occurring before
2		the birth.
3		"Questionnaire" means an assessment tool administered by a
4		licensed health care professional to detect maternal mental
5		health conditions, such as the Edinburgh Postnatal Depression
6		Scale, the Postpartum Depression Screening Scale, the Beck
7		Depression Inventory, the Patient Health Questionnaire, or
8		other validated assessment methods.
9		(Source: P.A. 101-512, eff. 1-1-20.)
10		(405 ILCS 120/14 new)
11		Sec. 14. Maternal mental health conditions prevention and
12		treatment. The Department of Human Services, in conjunction
13		with the Department of Healthcare and Family Services, the
14		Department of Public Health, and the Department of Financial
15		and Professional Regulation and the Medical Licensing Board,
16		shall work with birthing hospitals and licensed health care
17		professionals in this State to develop policies, procedures,
18		information, and educational materials to meet each of the
19		following requirements concerning maternal mental health
20		conditions:
21		(1) Licensed health care professionals providing
22		prenatal care to women shall provide education to women
23		and, if possible and with permission, to their families
24		about maternal mental health conditions in accordance with
25		the formal opinions and recommendations of the American

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1		College of Obstetricians and Gynecologists.
2		(2) All birthing hospitals shall provide new mothers,
3		prior to discharge following childbirth, and, if possible,
4		shall provide fathers and other family members with
5		complete information about maternal mental health
6		conditions, including its symptoms, methods of coping with
7		the illness, treatment resources, post-hospital treatment
8		options, and community resources. The Department of Human
9		Services shall provide written information that hospitals
10		may use to satisfy this subsection (2). A birthing
11		hospital shall supplement the materials provided by the
12		Department to include relevant resources to the region or
13		community in which the birthing hospital is located.
14		(3) Licensed health care professionals providing
15		prenatal care at a prenatal visit shall invite each
16		pregnant patient to complete a questionnaire and shall
17		review the completed questionnaire in accordance with the
18		formal opinions and recommendations of the American
19		College of Obstetricians and Gynecologists. Assessment for
20		maternal mental health conditions must be repeated when,
21		in the professional judgment of the licensed health care
22		professional, a reasonable possibility exists that the
23		woman suffers from a maternal mental health condition.
24		(4) Licensed health care professionals providing
25		postnatal care to women shall invite each patient to
26		complete a questionnaire and shall review the completed

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1		questionnaire in accordance with the formal opinions and
2		recommendations of the American College of Obstetricians
3		and Gynecologists.
4		(5) Licensed health care professionals providing
5		pediatric care to an infant shall invite the infant's
6		mother to complete a questionnaire at any well-baby
7		check-up at which the mother is present prior to the
8		infant's first birthday, and shall review the completed
9		questionnaire in accordance with the formal opinions and
10		recommendations of the American College of Obstetricians
11		and Gynecologists, in order to ensure that the health and
12		well-being of the infant are not compromised by an
13		undiagnosed maternal mental health condition in the
14		mother. In order to share results from an assessment with
15		the mother's primary licensed health care professional,
16		consent should be obtained from the mother in accordance
17		with the Illinois Health Insurance Portability and
18		Accountability Act. If the mother is determined to present
19		an acute danger to herself or someone else, consent is not
20		required.
21		(405 ILCS 120/15)
22		Sec. 15. Educational materials about maternal mental
23		health conditions. The Department, in conjunction with the
24		Department of Healthcare and Family Services, the Department
25		of Public Health, and the Department of Financial and

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1		Professional Regulation and the Medical Licensing Board, shall
2		develop educational materials for health care professionals
3		and patients about maternal mental health conditions. A
4		birthing hospital shall, on or before January 1, 2021,
5		distribute these materials to employees regularly assigned to
6		work with pregnant or postpartum women and incorporate these
7		materials in any employee training that is related to patient
8		care of pregnant or postpartum women. A birthing hospital
9		shall supplement the materials provided by the Department to
10		include relevant resources to the region or community in which
11		the birthing hospital is located. The educational materials
12		developed under this Section shall include all of the
13		following:
14		(1) Information for postpartum women and families
15		about maternal mental health conditions, post-hospital
16		treatment options, and community resources.
17		(1) (2) Information for hospital employees regularly
18		assigned to work in the perinatal unit, including, as
19		appropriate, registered nurses and social workers, about
20		maternal mental health conditions.
21		(2) (3) Any other service the birthing hospital
22		determines should be included in the program to provide
23		optimal patient care.
24		(Source: P.A. 101-512, eff. 1-1-20.)
25		Section 20. The Illinois Controlled Substances Act is

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1		amended by changing Sections 100, 102, 201, 203, 205, 207,
2		208, 209, 210, 211, 216, 312, 313, 318, 320, 410, 411.2, 413,
3		504, 508, and 509 as follows:
4		(720 ILCS 570/100) (from Ch. 56 1/2, par. 1100)
5		Sec. 100. Legislative intent. It is the intent of the
6		General Assembly, recognizing the rising incidence in the
7		misuse abuse of drugs and other dangerous substances and its
8		resultant damage to the peace, health, and welfare of the
9		citizens of Illinois, to provide a system of control over the
10		distribution and use of controlled substances which will more
11		effectively: (1) limit access of such substances only to those
12		persons who have demonstrated an appropriate sense of
13		responsibility and have a lawful and legitimate reason to
14		possess them; (2) deter the unlawful and destructive misuse
15		abuse of controlled substances; (3) penalize most heavily the
16		illicit traffickers or profiteers of controlled substances,
17		who propagate and perpetuate the misuse abuse of such
18		substances with reckless disregard for its consumptive
19		consequences upon every element of society; (4) acknowledge
20		the functional and consequential differences between the
21		various types of controlled substances and provide for
22		correspondingly different degrees of control over each of the
23		various types; (5) unify where feasible and codify the efforts
24		of this State to conform with the regulatory systems of the
25		Federal government; and (6) provide law enforcement

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1		authorities with the necessary resources to make this system
2		efficacious.
3		It is not the intent of the General Assembly to treat the
4		unlawful user or occasional petty distributor of controlled
5		substances with the same severity as the large-scale, unlawful
6		purveyors and traffickers of controlled substances. However,
7		it is recognized that persons who violate this Act with
8		respect to the manufacture, delivery, possession with intent
9		to deliver, or possession of more than one type of controlled
10		substance listed herein may accordingly receive multiple
11		convictions and sentences under each Section of this Act. To
12		this end, guidelines have been provided, along with a wide
13		latitude in sentencing discretion, to enable the sentencing
14		court to order penalties in each case which are appropriate
15		for the purposes of this Act.
16		(Source: P.A. 97-334, eff. 1-1-12.)
17		(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
18		Sec. 102. Definitions. As used in this Act, unless the
19		context otherwise requires:
20		(a) "Person with a substance use disorder Addict" means
21		any person who has a substance use disorder diagnosis defined
22		as a spectrum of persistent and recurring problematic behavior
23		that encompasses 10 separate classes of drugs: alcohol;
24		caffeine; cannabis; hallucinogens; inhalants; opioids;
25		sedatives, hypnotics and anxiolytics; stimulants; and tobacco;

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1		and other unknown substances leading to clinically significant
2		impairment or distress habitually uses any drug, chemical,
3		substance or dangerous drug other than alcohol so as to
4		endanger the public morals, health, safety or welfare or who
5		is so far addicted to the use of a dangerous drug or controlled
6		substance other than alcohol as to have lost the power of self
7		control with reference to his or her addiction.
8		(b) "Administer" means the direct application of a
9		controlled substance, whether by injection, inhalation,
10		ingestion, or any other means, to the body of a patient,
11		research subject, or animal (as defined by the Humane
12		Euthanasia in Animal Shelters Act) by:
13		(1) a practitioner (or, in his or her presence, by his
14		or her authorized agent),
15		(2) the patient or research subject pursuant to an
16		order, or
17		(3) a euthanasia technician as defined by the Humane
18		Euthanasia in Animal Shelters Act.
19		(c) "Agent" means an authorized person who acts on behalf
20		of or at the direction of a manufacturer, distributor,
21		dispenser, prescriber, or practitioner. It does not include a
22		common or contract carrier, public warehouseman or employee of
23		the carrier or warehouseman.
24		(c-1) "Anabolic Steroids" means any drug or hormonal
25		substance, chemically and pharmacologically related to
26		testosterone (other than estrogens, progestins,

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1		corticosteroids, and dehydroepiandrosterone), and includes:
2		(i) 3[beta],17-dihydroxy-5a-androstane,
3		(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
4		(iii) 5[alpha]-androstan-3,17-dione,
5		(iv) 1-androstenediol (3[beta],
6		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
7		(v) 1-androstenediol (3[alpha],
8		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
9		(vi) 4-androstenediol
10		(3[beta],17[beta]-dihydroxy-androst-4-ene),
11		(vii) 5-androstenediol
12		(3[beta],17[beta]-dihydroxy-androst-5-ene),
13		(viii) 1-androstenedione
14		([5alpha]-androst-1-en-3,17-dione),
15		(ix) 4-androstenedione
16		(androst-4-en-3,17-dione),
17		(x) 5-androstenedione
18		(androst-5-en-3,17-dione),
19		(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
20		hydroxyandrost-4-en-3-one),
21		(xii) boldenone (17[beta]-hydroxyandrost-
22		1,4,-diene-3-one),
23		(xiii) boldione (androsta-1,4-
24		diene-3,17-dione),
25		(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
26		[beta]-hydroxyandrost-4-en-3-one),

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1		(xv) clostebol (4-chloro-17[beta]-
2		hydroxyandrost-4-en-3-one),
3		(xvi) dehydrochloromethyltestosterone (4-chloro-
4		17[beta]-hydroxy-17[alpha]-methyl-
5		androst-1,4-dien-3-one),
6		(xvii) desoxymethyltestosterone
7		(17[alpha]-methyl-5[alpha]
8		-androst-2-en-17[beta]-ol)(a.k.a., madol),
9		(xviii) [delta]1-dihydrotestosterone (a.k.a.
10		'1-testosterone') (17[beta]-hydroxy-
11		5[alpha]-androst-1-en-3-one),
12		(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
13		androstan-3-one),
14		(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
15		5[alpha]-androstan-3-one),
16		(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
17		hydroxyestr-4-ene),
18		(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
19		1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
20		(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
21		17[beta]-dihydroxyandrost-1,4-dien-3-one),
22		(xxiv) furazabol (17[alpha]-methyl-17[beta]-
23		hydroxyandrostano[2,3-c]-furazan),
24		(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
25		(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
26		androst-4-en-3-one),

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1		(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
2		dihydroxy-estr-4-en-3-one),
3		(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
4		hydroxy-5-androstan-3-one),
5		(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
6		[5a]-androstan-3-one),
7		(xxx) methandienone (17[alpha]-methyl-17[beta]-
8		hydroxyandrost-1,4-dien-3-one),
9		(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
10		dihydroxyandrost-5-ene),
11		(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
12		5[alpha]-androst-1-en-3-one),
13		(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
14		dihydroxy-5a-androstane,
15		(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
16		-5a-androstane,
17		(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
18		dihydroxyandrost-4-ene),
19		(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
20		methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
21		(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
22		hydroxyestra-4,9(10)-dien-3-one),
23		(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
24		hydroxyestra-4,9-11-trien-3-one),
25		(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
26		hydroxyandrost-4-en-3-one),

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1		(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
2		hydroxyestr-4-en-3-one),
3		(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
4		(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
5		androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
6		1-testosterone'),
7		(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
8		(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
9		dihydroxyestr-4-ene),
10		(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
11		dihydroxyestr-4-ene),
12		(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
13		dihydroxyestr-5-ene),
14		(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
15		dihydroxyestr-5-ene),
16		(xlvii) 19-nor-4,9(10)-androstadienedione
17		(estra-4,9(10)-diene-3,17-dione),
18		(xlviii) 19-nor-4-androstenedione (estr-4-
19		en-3,17-dione),
20		(xlix) 19-nor-5-androstenedione (estr-5-
21		en-3,17-dione),
22		(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
23		hydroxygon-4-en-3-one),
24		(li) norclostebol (4-chloro-17[beta]-
25		hydroxyestr-4-en-3-one),
26		(lii) norethandrolone (17[alpha]-ethyl-17[beta]-

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1		hydroxyestr-4-en-3-one),
2		(liii) normethandrolone (17[alpha]-methyl-17[beta]-
3		hydroxyestr-4-en-3-one),
4		(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
5		2-oxa-5[alpha]-androstan-3-one),
6		(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
7		dihydroxyandrost-4-en-3-one),
8		(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
9		17[beta]-hydroxy-(5[alpha]-androstan-3-one),
10		(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
11		(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
12		(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
13		(5[alpha]-androst-1-en-3-one),
14		(lix) testolactone (13-hydroxy-3-oxo-13,17-
15		secoandrosta-1,4-dien-17-oic
16		acid lactone),
17		(lx) testosterone (17[beta]-hydroxyandrost-
18		4-en-3-one),
19		(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
20		diethyl-17[beta]-hydroxygon-
21		4,9,11-trien-3-one),
22		(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
23		11-trien-3-one).
24		Any person who is otherwise lawfully in possession of an
25		anabolic steroid, or who otherwise lawfully manufactures,
26		distributes, dispenses, delivers, or possesses with intent to

SB0647 Engrossed - 20 - LRB103 03100 RJT 48106 b
1		deliver an anabolic steroid, which anabolic steroid is
2		expressly intended for and lawfully allowed to be administered
3		through implants to livestock or other nonhuman species, and
4		which is approved by the Secretary of Health and Human
5		Services for such administration, and which the person intends
6		to administer or have administered through such implants,
7		shall not be considered to be in unauthorized possession or to
8		unlawfully manufacture, distribute, dispense, deliver, or
9		possess with intent to deliver such anabolic steroid for
10		purposes of this Act.
11		(d) "Administration" means the Drug Enforcement
12		Administration, United States Department of Justice, or its
13		successor agency.
14		(d-5) "Clinical Director, Prescription Monitoring Program"
15		means a Department of Human Services administrative employee
16		licensed to either prescribe or dispense controlled substances
17		who shall run the clinical aspects of the Department of Human
18		Services Prescription Monitoring Program and its Prescription
19		Information Library.
20		(d-10) "Compounding" means the preparation and mixing of
21		components, excluding flavorings, (1) as the result of a
22		prescriber's prescription drug order or initiative based on
23		the prescriber-patient-pharmacist relationship in the course
24		of professional practice or (2) for the purpose of, or
25		incident to, research, teaching, or chemical analysis and not
26		for sale or dispensing. "Compounding" includes the preparation

SB0647 Engrossed - 21 - LRB103 03100 RJT 48106 b
1		of drugs or devices in anticipation of receiving prescription
2		drug orders based on routine, regularly observed dispensing
3		patterns. Commercially available products may be compounded
4		for dispensing to individual patients only if both of the
5		following conditions are met: (i) the commercial product is
6		not reasonably available from normal distribution channels in
7		a timely manner to meet the patient's needs and (ii) the
8		prescribing practitioner has requested that the drug be
9		compounded.
10		(e) "Control" means to add a drug or other substance, or
11		immediate precursor, to a Schedule whether by transfer from
12		another Schedule or otherwise.
13		(f) "Controlled Substance" means (i) a drug, substance,
14		immediate precursor, or synthetic drug in the Schedules of
15		Article II of this Act or (ii) a drug or other substance, or
16		immediate precursor, designated as a controlled substance by
17		the Department through administrative rule. The term does not
18		include distilled spirits, wine, malt beverages, or tobacco,
19		as those terms are defined or used in the Liquor Control Act of
20		1934 and the Tobacco Products Tax Act of 1995.
21		(f-5) "Controlled substance analog" means a substance:
22		(1) the chemical structure of which is substantially
23		similar to the chemical structure of a controlled
24		substance in Schedule I or II;
25		(2) which has a stimulant, depressant, or
26		hallucinogenic effect on the central nervous system that

SB0647 Engrossed - 22 - LRB103 03100 RJT 48106 b
1		is substantially similar to or greater than the stimulant,
2		depressant, or hallucinogenic effect on the central
3		nervous system of a controlled substance in Schedule I or
4		II; or
5		(3) with respect to a particular person, which such
6		person represents or intends to have a stimulant,
7		depressant, or hallucinogenic effect on the central
8		nervous system that is substantially similar to or greater
9		than the stimulant, depressant, or hallucinogenic effect
10		on the central nervous system of a controlled substance in
11		Schedule I or II.
12		(g) "Counterfeit substance" means a controlled substance,
13		which, or the container or labeling of which, without
14		authorization bears the trademark, trade name, or other
15		identifying mark, imprint, number or device, or any likeness
16		thereof, of a manufacturer, distributor, or dispenser other
17		than the person who in fact manufactured, distributed, or
18		dispensed the substance.
19		(h) "Deliver" or "delivery" means the actual, constructive
20		or attempted transfer of possession of a controlled substance,
21		with or without consideration, whether or not there is an
22		agency relationship. "Deliver" or "delivery" does not include
23		the donation of drugs to the extent permitted under the
24		Illinois Drug Reuse Opportunity Program Act.
25		(i) "Department" means the Illinois Department of Human
26		Services (as successor to the Department of Alcoholism and

SB0647 Engrossed - 23 - LRB103 03100 RJT 48106 b
1		Substance Abuse) or its successor agency.
2		(j) (Blank).
3		(k) "Department of Corrections" means the Department of
4		Corrections of the State of Illinois or its successor agency.
5		(l) "Department of Financial and Professional Regulation"
6		means the Department of Financial and Professional Regulation
7		of the State of Illinois or its successor agency.
8		(m) "Depressant" means any drug that (i) causes an overall
9		depression of central nervous system functions, (ii) causes
10		impaired consciousness and awareness, and (iii) can be
11		habit-forming or lead to a substance misuse or substance use
12		disorder abuse problem, including, but not limited to,
13		alcohol, cannabis and its active principles and their analogs,
14		benzodiazepines and their analogs, barbiturates and their
15		analogs, opioids (natural and synthetic) and their analogs,
16		and chloral hydrate and similar sedative hypnotics.
17		(n) (Blank).
18		(o) "Director" means the Director of the Illinois State
19		Police or his or her designated agents.
20		(p) "Dispense" means to deliver a controlled substance to
21		an ultimate user or research subject by or pursuant to the
22		lawful order of a prescriber, including the prescribing,
23		administering, packaging, labeling, or compounding necessary
24		to prepare the substance for that delivery.
25		(q) "Dispenser" means a practitioner who dispenses.
26		(r) "Distribute" means to deliver, other than by

SB0647 Engrossed - 24 - LRB103 03100 RJT 48106 b
1		administering or dispensing, a controlled substance.
2		(s) "Distributor" means a person who distributes.
3		(t) "Drug" means (1) substances recognized as drugs in the
4		official United States Pharmacopoeia, Official Homeopathic
5		Pharmacopoeia of the United States, or official National
6		Formulary, or any supplement to any of them; (2) substances
7		intended for use in diagnosis, cure, mitigation, treatment, or
8		prevention of disease in man or animals; (3) substances (other
9		than food) intended to affect the structure of any function of
10		the body of man or animals and (4) substances intended for use
11		as a component of any article specified in clause (1), (2), or
12		(3) of this subsection. It does not include devices or their
13		components, parts, or accessories.
14		(t-3) "Electronic health record" or "EHR" means an
15		electronic record of health-related information on an
16		individual that is created, gathered, managed, and consulted
17		by authorized health care clinicians and staff.
18		(t-3.5) "Electronic health record system" or "EHR system"
19		means any computer-based system or combination of federally
20		certified Health IT Modules (defined at 42 CFR 170.102 or its
21		successor) used as a repository for electronic health records
22		and accessed or updated by a prescriber or authorized
23		surrogate in the ordinary course of his or her medical
24		practice. For purposes of connecting to the Prescription
25		Information Library maintained by the Bureau of Pharmacy and
26		Clinical Support Systems or its successor, an EHR system may

SB0647 Engrossed - 25 - LRB103 03100 RJT 48106 b
1		connect to the Prescription Information Library directly or
2		through all or part of a computer program or system that is a
3		federally certified Health IT Module maintained by a third
4		party and used by the EHR system to secure access to the
5		database.
6		(t-4) "Emergency medical services personnel" has the
7		meaning ascribed to it in the Emergency Medical Services (EMS)
8		Systems Act.
9		(t-5) "Euthanasia agency" means an entity certified by the
10		Department of Financial and Professional Regulation for the
11		purpose of animal euthanasia that holds an animal control
12		facility license or animal shelter license under the Animal
13		Welfare Act. A euthanasia agency is authorized to purchase,
14		store, possess, and utilize Schedule II nonnarcotic and
15		Schedule III nonnarcotic drugs for the sole purpose of animal
16		euthanasia.
17		(t-10) "Euthanasia drugs" means Schedule II or Schedule
18		III substances (nonnarcotic controlled substances) that are
19		used by a euthanasia agency for the purpose of animal
20		euthanasia.
21		(u) "Good faith" means the prescribing or dispensing of a
22		controlled substance by a practitioner in the regular course
23		of professional treatment to or for any person who is under his
24		or her treatment for a pathology or condition other than that
25		individual's physical or psychological dependence upon or
26		addiction to a controlled substance, except as provided

SB0647 Engrossed - 26 - LRB103 03100 RJT 48106 b
1		herein: and application of the term to a pharmacist shall mean
2		the dispensing of a controlled substance pursuant to the
3		prescriber's order which in the professional judgment of the
4		pharmacist is lawful. The pharmacist shall be guided by
5		accepted professional standards, including, but not limited
6		to, the following, in making the judgment:
7		(1) lack of consistency of prescriber-patient
8		relationship,
9		(2) frequency of prescriptions for same drug by one
10		prescriber for large numbers of patients,
11		(3) quantities beyond those normally prescribed,
12		(4) unusual dosages (recognizing that there may be
13		clinical circumstances where more or less than the usual
14		dose may be used legitimately),
15		(5) unusual geographic distances between patient,
16		pharmacist and prescriber,
17		(6) consistent prescribing of habit-forming drugs.
18		(u-0.5) "Hallucinogen" means a drug that causes markedly
19		altered sensory perception leading to hallucinations of any
20		type.
21		(u-1) "Home infusion services" means services provided by
22		a pharmacy in compounding solutions for direct administration
23		to a patient in a private residence, long-term care facility,
24		or hospice setting by means of parenteral, intravenous,
25		intramuscular, subcutaneous, or intraspinal infusion.
26		(u-5) "Illinois State Police" means the Illinois State

SB0647 Engrossed - 27 - LRB103 03100 RJT 48106 b
1		Police or its successor agency.
2		(v) "Immediate precursor" means a substance:
3		(1) which the Department has found to be and by rule
4		designated as being a principal compound used, or produced
5		primarily for use, in the manufacture of a controlled
6		substance;
7		(2) which is an immediate chemical intermediary used
8		or likely to be used in the manufacture of such controlled
9		substance; and
10		(3) the control of which is necessary to prevent,
11		curtail or limit the manufacture of such controlled
12		substance.
13		(w) "Instructional activities" means the acts of teaching,
14		educating or instructing by practitioners using controlled
15		substances within educational facilities approved by the State
16		Board of Education or its successor agency.
17		(x) "Local authorities" means a duly organized State,
18		County or Municipal peace unit or police force.
19		(y) "Look-alike substance" means a substance, other than a
20		controlled substance which (1) by overall dosage unit
21		appearance, including shape, color, size, markings or lack
22		thereof, taste, consistency, or any other identifying physical
23		characteristic of the substance, would lead a reasonable
24		person to believe that the substance is a controlled
25		substance, or (2) is expressly or impliedly represented to be
26		a controlled substance or is distributed under circumstances

SB0647 Engrossed - 28 - LRB103 03100 RJT 48106 b
1		which would lead a reasonable person to believe that the
2		substance is a controlled substance. For the purpose of
3		determining whether the representations made or the
4		circumstances of the distribution would lead a reasonable
5		person to believe the substance to be a controlled substance
6		under this clause (2) of subsection (y), the court or other
7		authority may consider the following factors in addition to
8		any other factor that may be relevant:
9		(a) statements made by the owner or person in control
10		of the substance concerning its nature, use or effect;
11		(b) statements made to the buyer or recipient that the
12		substance may be resold for profit;
13		(c) whether the substance is packaged in a manner
14		normally used for the illegal distribution of controlled
15		substances;
16		(d) whether the distribution or attempted distribution
17		included an exchange of or demand for money or other
18		property as consideration, and whether the amount of the
19		consideration was substantially greater than the
20		reasonable retail market value of the substance.
21		Clause (1) of this subsection (y) shall not apply to a
22		noncontrolled substance in its finished dosage form that was
23		initially introduced into commerce prior to the initial
24		introduction into commerce of a controlled substance in its
25		finished dosage form which it may substantially resemble.
26		Nothing in this subsection (y) prohibits the dispensing or

SB0647 Engrossed - 29 - LRB103 03100 RJT 48106 b
1		distributing of noncontrolled substances by persons authorized
2		to dispense and distribute controlled substances under this
3		Act, provided that such action would be deemed to be carried
4		out in good faith under subsection (u) if the substances
5		involved were controlled substances.
6		Nothing in this subsection (y) or in this Act prohibits
7		the manufacture, preparation, propagation, compounding,
8		processing, packaging, advertising or distribution of a drug
9		or drugs by any person registered pursuant to Section 510 of
10		the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
11		(y-1) "Mail-order pharmacy" means a pharmacy that is
12		located in a state of the United States that delivers,
13		dispenses or distributes, through the United States Postal
14		Service or other common carrier, to Illinois residents, any
15		substance which requires a prescription.
16		(z) "Manufacture" means the production, preparation,
17		propagation, compounding, conversion or processing of a
18		controlled substance other than methamphetamine, either
19		directly or indirectly, by extraction from substances of
20		natural origin, or independently by means of chemical
21		synthesis, or by a combination of extraction and chemical
22		synthesis, and includes any packaging or repackaging of the
23		substance or labeling of its container, except that this term
24		does not include:
25		(1) by an ultimate user, the preparation or
26		compounding of a controlled substance for his or her own

SB0647 Engrossed - 30 - LRB103 03100 RJT 48106 b
1		use;
2		(2) by a practitioner, or his or her authorized agent
3		under his or her supervision, the preparation,
4		compounding, packaging, or labeling of a controlled
5		substance:
6		(a) as an incident to his or her administering or
7		dispensing of a controlled substance in the course of
8		his or her professional practice; or
9		(b) as an incident to lawful research, teaching or
10		chemical analysis and not for sale; or
11		(3) the packaging, repackaging, or labeling of drugs
12		only to the extent permitted under the Illinois Drug Reuse
13		Opportunity Program Act.
14		(z-1) (Blank).
15		(z-5) "Medication shopping" means the conduct prohibited
16		under subsection (a) of Section 314.5 of this Act.
17		(z-10) "Mid-level practitioner" means (i) a physician
18		assistant who has been delegated authority to prescribe
19		through a written delegation of authority by a physician
20		licensed to practice medicine in all of its branches, in
21		accordance with Section 7.5 of the Physician Assistant
22		Practice Act of 1987, (ii) an advanced practice registered
23		nurse who has been delegated authority to prescribe through a
24		written delegation of authority by a physician licensed to
25		practice medicine in all of its branches or by a podiatric
26		physician, in accordance with Section 65-40 of the Nurse

SB0647 Engrossed - 31 - LRB103 03100 RJT 48106 b
1		Practice Act, (iii) an advanced practice registered nurse
2		certified as a nurse practitioner, nurse midwife, or clinical
3		nurse specialist who has been granted authority to prescribe
4		by a hospital affiliate in accordance with Section 65-45 of
5		the Nurse Practice Act, (iv) an animal euthanasia agency, or
6		(v) a prescribing psychologist.
7		(aa) "Narcotic drug" means any of the following, whether
8		produced directly or indirectly by extraction from substances
9		of vegetable origin, or independently by means of chemical
10		synthesis, or by a combination of extraction and chemical
11		synthesis:
12		(1) opium, opiates, derivatives of opium and opiates,
13		including their isomers, esters, ethers, salts, and salts
14		of isomers, esters, and ethers, whenever the existence of
15		such isomers, esters, ethers, and salts is possible within
16		the specific chemical designation; however the term
17		"narcotic drug" does not include the isoquinoline
18		alkaloids of opium;
19		(2) (blank);
20		(3) opium poppy and poppy straw;
21		(4) coca leaves, except coca leaves and extracts of
22		coca leaves from which substantially all of the cocaine
23		and ecgonine, and their isomers, derivatives and salts,
24		have been removed;
25		(5) cocaine, its salts, optical and geometric isomers,
26		and salts of isomers;

SB0647 Engrossed - 32 - LRB103 03100 RJT 48106 b
1		(6) ecgonine, its derivatives, their salts, isomers,
2		and salts of isomers;
3		(7) any compound, mixture, or preparation which
4		contains any quantity of any of the substances referred to
5		in subparagraphs (1) through (6).
6		(bb) "Nurse" means a registered nurse licensed under the
7		Nurse Practice Act.
8		(cc) (Blank).
9		(dd) "Opiate" means a drug derived from or related to
10		opium any substance having an addiction forming or addiction
11		sustaining liability similar to morphine or being capable of
12		conversion into a drug having addiction forming or addiction
13		sustaining liability.
14		(ee) "Opium poppy" means the plant of the species Papaver
15		somniferum L., except its seeds.
16		(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
17		solution or other liquid form of medication intended for
18		administration by mouth, but the term does not include a form
19		of medication intended for buccal, sublingual, or transmucosal
20		administration.
21		(ff) "Parole and Pardon Board" means the Parole and Pardon
22		Board of the State of Illinois or its successor agency.
23		(gg) "Person" means any individual, corporation,
24		mail-order pharmacy, government or governmental subdivision or
25		agency, business trust, estate, trust, partnership or
26		association, or any other entity.

SB0647 Engrossed - 33 - LRB103 03100 RJT 48106 b
1		(hh) "Pharmacist" means any person who holds a license or
2		certificate of registration as a registered pharmacist, a
3		local registered pharmacist or a registered assistant
4		pharmacist under the Pharmacy Practice Act.
5		(ii) "Pharmacy" means any store, ship or other place in
6		which pharmacy is authorized to be practiced under the
7		Pharmacy Practice Act.
8		(ii-5) "Pharmacy shopping" means the conduct prohibited
9		under subsection (b) of Section 314.5 of this Act.
10		(ii-10) "Physician" (except when the context otherwise
11		requires) means a person licensed to practice medicine in all
12		of its branches.
13		(jj) "Poppy straw" means all parts, except the seeds, of
14		the opium poppy, after mowing.
15		(kk) "Practitioner" means a physician licensed to practice
16		medicine in all its branches, dentist, optometrist, podiatric
17		physician, veterinarian, scientific investigator, pharmacist,
18		physician assistant, advanced practice registered nurse,
19		licensed practical nurse, registered nurse, emergency medical
20		services personnel, hospital, laboratory, or pharmacy, or
21		other person licensed, registered, or otherwise lawfully
22		permitted by the United States or this State to distribute,
23		dispense, conduct research with respect to, administer or use
24		in teaching or chemical analysis, a controlled substance in
25		the course of professional practice or research.
26		(ll) "Pre-printed prescription" means a written

SB0647 Engrossed - 34 - LRB103 03100 RJT 48106 b
1		prescription upon which the designated drug has been indicated
2		prior to the time of issuance; the term does not mean a written
3		prescription that is individually generated by machine or
4		computer in the prescriber's office.
5		(mm) "Prescriber" means a physician licensed to practice
6		medicine in all its branches, dentist, optometrist,
7		prescribing psychologist licensed under Section 4.2 of the
8		Clinical Psychologist Licensing Act with prescriptive
9		authority delegated under Section 4.3 of the Clinical
10		Psychologist Licensing Act, podiatric physician, or
11		veterinarian who issues a prescription, a physician assistant
12		who issues a prescription for a controlled substance in
13		accordance with Section 303.05, a written delegation, and a
14		written collaborative agreement required under Section 7.5 of
15		the Physician Assistant Practice Act of 1987, an advanced
16		practice registered nurse with prescriptive authority
17		delegated under Section 65-40 of the Nurse Practice Act and in
18		accordance with Section 303.05, a written delegation, and a
19		written collaborative agreement under Section 65-35 of the
20		Nurse Practice Act, an advanced practice registered nurse
21		certified as a nurse practitioner, nurse midwife, or clinical
22		nurse specialist who has been granted authority to prescribe
23		by a hospital affiliate in accordance with Section 65-45 of
24		the Nurse Practice Act and in accordance with Section 303.05,
25		or an advanced practice registered nurse certified as a nurse
26		practitioner, nurse midwife, or clinical nurse specialist who

SB0647 Engrossed - 35 - LRB103 03100 RJT 48106 b
1		has full practice authority pursuant to Section 65-43 of the
2		Nurse Practice Act.
3		(nn) "Prescription" means a written, facsimile, or oral
4		order, or an electronic order that complies with applicable
5		federal requirements, of a physician licensed to practice
6		medicine in all its branches, dentist, podiatric physician or
7		veterinarian for any controlled substance, of an optometrist
8		in accordance with Section 15.1 of the Illinois Optometric
9		Practice Act of 1987, of a prescribing psychologist licensed
10		under Section 4.2 of the Clinical Psychologist Licensing Act
11		with prescriptive authority delegated under Section 4.3 of the
12		Clinical Psychologist Licensing Act, of a physician assistant
13		for a controlled substance in accordance with Section 303.05,
14		a written delegation, and a written collaborative agreement
15		required under Section 7.5 of the Physician Assistant Practice
16		Act of 1987, of an advanced practice registered nurse with
17		prescriptive authority delegated under Section 65-40 of the
18		Nurse Practice Act who issues a prescription for a controlled
19		substance in accordance with Section 303.05, a written
20		delegation, and a written collaborative agreement under
21		Section 65-35 of the Nurse Practice Act, of an advanced
22		practice registered nurse certified as a nurse practitioner,
23		nurse midwife, or clinical nurse specialist who has been
24		granted authority to prescribe by a hospital affiliate in
25		accordance with Section 65-45 of the Nurse Practice Act and in
26		accordance with Section 303.05 when required by law, or of an

SB0647 Engrossed - 36 - LRB103 03100 RJT 48106 b
1		advanced practice registered nurse certified as a nurse
2		practitioner, nurse midwife, or clinical nurse specialist who
3		has full practice authority pursuant to Section 65-43 of the
4		Nurse Practice Act.
5		(nn-5) "Prescription Information Library" (PIL) means an
6		electronic library that contains reported controlled substance
7		data.
8		(nn-10) "Prescription Monitoring Program" (PMP) means the
9		entity that collects, tracks, and stores reported data on
10		controlled substances and select drugs pursuant to Section
11		316.
12		(oo) "Production" or "produce" means manufacture,
13		planting, cultivating, growing, or harvesting of a controlled
14		substance other than methamphetamine.
15		(pp) "Registrant" means every person who is required to
16		register under Section 302 of this Act.
17		(qq) "Registry number" means the number assigned to each
18		person authorized to handle controlled substances under the
19		laws of the United States and of this State.
20		(qq-5) "Secretary" means, as the context requires, either
21		the Secretary of the Department or the Secretary of the
22		Department of Financial and Professional Regulation, and the
23		Secretary's designated agents.
24		(rr) "State" includes the State of Illinois and any state,
25		district, commonwealth, territory, insular possession thereof,
26		and any area subject to the legal authority of the United

SB0647 Engrossed - 37 - LRB103 03100 RJT 48106 b
1		States of America.
2		(rr-5) "Stimulant" means any drug that (i) causes an
3		overall excitation of central nervous system functions, (ii)
4		causes impaired consciousness and awareness, and (iii) can be
5		habit-forming or lead to a substance use disorder abuse
6		problem, including, but not limited to, amphetamines and their
7		analogs, methylphenidate and its analogs, cocaine, and
8		phencyclidine and its analogs.
9		(rr-10) "Synthetic drug" includes, but is not limited to,
10		any synthetic cannabinoids or piperazines or any synthetic
11		cathinones as provided for in Schedule I.
12		(ss) "Ultimate user" means a person who lawfully possesses
13		a controlled substance for his or her own use or for the use of
14		a member of his or her household or for administering to an
15		animal owned by him or her or by a member of his or her
16		household.
17		(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
18		102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
19		(720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
20		Sec. 201. (a) The Department shall carry out the
21		provisions of this Article. The Department or its successor
22		agency may, by administrative rule, add additional substances
23		to or delete or reschedule all controlled substances in the
24		Schedules of Sections 204, 206, 208, 210 and 212 of this Act.
25		In making a determination regarding the addition, deletion, or

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1		rescheduling of a substance, the Department shall consider the
2		following:
3		(1) the actual or relative potential for misuse abuse;
4		(2) the scientific evidence of its pharmacological
5		effect, if known;
6		(3) the state of current scientific knowledge
7		regarding the substance;
8		(4) the history and current pattern of misuse abuse;
9		(5) the scope, duration, and significance of misuse
10		abuse;
11		(6) the risk to the public health;
12		(7) the potential of the substance to produce
13		psychological or physiological dependence or a substance
14		use disorder;
15		(8) whether the substance is an immediate precursor of
16		a substance already controlled under this Article;
17		(9) the immediate harmful effect in terms of
18		potentially fatal dosage; and
19		(10) the long-range effects in terms of permanent
20		health impairment.
21		(b) (Blank).
22		(c) (Blank).
23		(d) If any substance is scheduled, rescheduled, or deleted
24		as a controlled substance under Federal law and notice thereof
25		is given to the Department, the Department shall similarly
26		control the substance under this Act after the expiration of

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1		30 days from publication in the Federal Register of a final
2		order scheduling a substance as a controlled substance or
3		rescheduling or deleting a substance, unless within that 30
4		day period the Department objects, or a party adversely
5		affected files with the Department substantial written
6		objections objecting to inclusion, rescheduling, or deletion.
7		In that case, the Department shall publish the reasons for
8		objection or the substantial written objections and afford all
9		interested parties an opportunity to be heard. At the
10		conclusion of the hearing, the Department shall publish its
11		decision, by means of a rule, which shall be final unless
12		altered by statute. Upon publication of objections by the
13		Department, similar control under this Act whether by
14		inclusion, rescheduling or deletion is stayed until the
15		Department publishes its ruling.
16		(e) (Blank).
17		(f) (Blank).
18		(g) Authority to control under this Section does not
19		extend to distilled spirits, wine, malt beverages, or tobacco
20		as those terms are defined or used in the Liquor Control Act of
21		1934 and the Tobacco Products Tax Act of 1995.
22		(h) Persons registered with the Drug Enforcement
23		Administration to manufacture or distribute controlled
24		substances shall maintain adequate security and provide
25		effective controls and procedures to guard against theft and
26		diversion, but shall not otherwise be required to meet the

SB0647 Engrossed - 40 - LRB103 03100 RJT 48106 b
1		physical security control requirements (such as cage or vault)
2		for Schedule V controlled substances containing
3		pseudoephedrine or Schedule II controlled substances
4		containing dextromethorphan.
5		(Source: P.A. 97-334, eff. 1-1-12; 98-756, eff. 7-16-14.)
6		(720 ILCS 570/203) (from Ch. 56 1/2, par. 1203)
7		Sec. 203. The Department, taking into consideration the
8		recommendations of its Prescription Monitoring Program
9		Advisory Committee, may issue a rule scheduling a substance in
10		Schedule I if it finds that:
11		(1) the substance has high potential for misuse abuse;
12		and
13		(2) the substance has no currently accepted medical
14		use in treatment in the United States or lacks accepted
15		safety for use in treatment under medical supervision.
16		(Source: P.A. 97-334, eff. 1-1-12.)
17		(720 ILCS 570/205) (from Ch. 56 1/2, par. 1205)
18		Sec. 205. The Department, taking into consideration the
19		recommendations of its Prescription Monitoring Program
20		Advisory Committee, may issue a rule scheduling a substance in
21		Schedule II if it finds that:
22		(1) the substance has high potential for misuse abuse;
23		(2) the substance has currently accepted medical use
24		in treatment in the United States, or currently accepted

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1		medical use with severe restrictions; and
2		(3) the misuse abuse of the substance may lead to
3		severe psychological or physiological dependence.
4		(Source: P.A. 97-334, eff. 1-1-12.)
5		(720 ILCS 570/207) (from Ch. 56 1/2, par. 1207)
6		Sec. 207. The Department, taking into consideration the
7		recommendations of its Prescription Monitoring Program
8		Advisory Committee, may issue a rule scheduling a substance in
9		Schedule III if it finds that:
10		(1) the substance has a potential for misuse abuse
11		less than the substances listed in Schedule I and II;
12		(2) the substance has currently accepted medical use
13		in treatment in the United States; and
14		(3) misuse abuse of the substance may lead to moderate
15		or low physiological dependence or high psychological
16		dependence.
17		(Source: P.A. 97-334, eff. 1-1-12.)
18		(720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
19		Sec. 208. (a) The controlled substances listed in this
20		Section are included in Schedule III.
21		(b) Unless specifically excepted or unless listed in
22		another schedule, any material, compound, mixture, or
23		preparation which contains any quantity of the following
24		substances having a stimulant effect on the central nervous

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1		system, including its salts, isomers (whether optical
2		position, or geometric), and salts of such isomers whenever
3		the existence of such salts, isomers, and salts of isomers is
4		possible within the specific chemical designation;
5		(1) Those compounds, mixtures, or preparations in
6		dosage unit form containing any stimulant substances
7		listed in Schedule II which compounds, mixtures, or
8		preparations were listed on August 25, 1971, as excepted
9		compounds under Title 21, Code of Federal Regulations,
10		Section 308.32, and any other drug of the quantitative
11		composition shown in that list for those drugs or which is
12		the same except that it contains a lesser quantity of
13		controlled substances;
14		(2) Benzphetamine;
15		(3) Chlorphentermine;
16		(4) Clortermine;
17		(5) Phendimetrazine.
18		(c) Unless specifically excepted or unless listed in
19		another schedule, any material, compound, mixture, or
20		preparation which contains any quantity of the following
21		substances having a potential for misuse abuse associated with
22		a depressant effect on the central nervous system:
23		(1) Any compound, mixture, or preparation containing
24		amobarbital, secobarbital, pentobarbital or any salt
25		thereof and one or more other active medicinal ingredients
26		which are not listed in any schedule;

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1		(2) Any suppository dosage form containing
2		amobarbital, secobarbital, pentobarbital or any salt of
3		any of these drugs and approved by the Federal Food and
4		Drug Administration for marketing only as a suppository;
5		(3) Any substance which contains any quantity of a
6		derivative of barbituric acid, or any salt thereof:
7		(3.1) Aprobarbital;
8		(3.2) Butabarbital (secbutabarbital);
9		(3.3) Butalbital;
10		(3.4) Butobarbital (butethal);
11		(4) Chlorhexadol;
12		(5) Methyprylon;
13		(6) Sulfondiethylmethane;
14		(7) Sulfonethylmethane;
15		(8) Sulfonmethane;
16		(9) Lysergic acid;
17		(10) Lysergic acid amide;
18		(10.1) Tiletamine or zolazepam or both, or any salt of
19		either of them.
20		Some trade or other names for a tiletamine-zolazepam
21		combination product: Telazol.
22		Some trade or other names for Tiletamine:
23		2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
24		Some trade or other names for zolazepam:
25		4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
26		[3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.

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1		(11) Any material, compound, mixture or preparation
2		containing not more than 12.5 milligrams of pentazocine or
3		any of its salts, per 325 milligrams of aspirin;
4		(12) Any material, compound, mixture or preparation
5		containing not more than 12.5 milligrams of pentazocine or
6		any of its salts, per 325 milligrams of acetaminophen;
7		(13) Any material, compound, mixture or preparation
8		containing not more than 50 milligrams of pentazocine or
9		any of its salts plus naloxone HCl USP 0.5 milligrams, per
10		dosage unit;
11		(14) Ketamine;
12		(15) Thiopental.
13		(d) Nalorphine.
14		(d.5) Buprenorphine.
15		(e) Unless specifically excepted or unless listed in
16		another schedule, any material, compound, mixture, or
17		preparation containing limited quantities of any of the
18		following narcotic drugs, or their salts calculated as the
19		free anhydrous base or alkaloid, as set forth below:
20		(1) not more than 1.8 grams of codeine per 100
21		milliliters or not more than 90 milligrams per dosage
22		unit, with an equal or greater quantity of an isoquinoline
23		alkaloid of opium;
24		(2) not more than 1.8 grams of codeine per 100
25		milliliters or not more than 90 milligrams per dosage
26		unit, with one or more active non-narcotic ingredients in

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1		recognized therapeutic amounts;
2		(3) (blank);
3		(4) (blank);
4		(5) not more than 1.8 grams of dihydrocodeine per 100
5		milliliters or not more than 90 milligrams per dosage
6		unit, with one or more active, non-narcotic ingredients in
7		recognized therapeutic amounts;
8		(6) not more than 300 milligrams of ethylmorphine per
9		100 milliliters or not more than 15 milligrams per dosage
10		unit, with one or more active, non-narcotic ingredients in
11		recognized therapeutic amounts;
12		(7) not more than 500 milligrams of opium per 100
13		milliliters or per 100 grams, or not more than 25
14		milligrams per dosage unit, with one or more active,
15		non-narcotic ingredients in recognized therapeutic
16		amounts;
17		(8) not more than 50 milligrams of morphine per 100
18		milliliters or per 100 grams with one or more active,
19		non-narcotic ingredients in recognized therapeutic
20		amounts.
21		(f) Anabolic steroids, except the following anabolic
22		steroids that are exempt:
23		(1) Androgyn L.A.;
24		(2) Andro-Estro 90-4;
25		(3) depANDROGYN;
26		(4) DEPO-T.E.;

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1		(5) depTESTROGEN;
2		(6) Duomone;
3		(7) DURATESTRIN;
4		(8) DUO-SPAN II;
5		(9) Estratest;
6		(10) Estratest H.S.;
7		(11) PAN ESTRA TEST;
8		(12) Premarin with Methyltestosterone;
9		(13) TEST-ESTRO Cypionates;
10		(14) Testosterone Cyp 50 Estradiol Cyp 2;
11		(15) Testosterone Cypionate-Estradiol Cypionate
12		injection; and
13		(16) Testosterone Enanthate-Estradiol Valerate
14		injection.
15		(g) Hallucinogenic substances.
16		(1) Dronabinol (synthetic) in sesame oil and
17		encapsulated in a soft gelatin capsule in a U.S. Food and
18		Drug Administration approved product. Some other names for
19		dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
20		6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or
21		(-)-delta-9-(trans)-tetrahydrocannabinol.
22		(2) (Reserved).
23		(h) The Department may except by rule any compound,
24		mixture, or preparation containing any stimulant or depressant
25		substance listed in subsection (b) from the application of all
26		or any part of this Act if the compound, mixture, or

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1		preparation contains one or more active medicinal ingredients
2		not having a stimulant or depressant effect on the central
3		nervous system, and if the admixtures are included therein in
4		combinations, quantity, proportion, or concentration that
5		vitiate the potential for misuse abuse of the substances which
6		have a stimulant or depressant effect on the central nervous
7		system.
8		(Source: P.A. 100-368, eff. 1-1-18.)
9		(720 ILCS 570/209) (from Ch. 56 1/2, par. 1209)
10		Sec. 209. The Department, taking into consideration the
11		recommendations of its Prescription Monitoring Program
12		Advisory Committee, may issue a rule scheduling a substance in
13		Schedule IV if it finds that:
14		(1) the substance has a low potential for misuse abuse
15		relative to substances in Schedule III;
16		(2) the substance has currently accepted medical use
17		in treatment in the United States; and
18		(3) misuse abuse of the substance may lead to limited
19		physiological dependence or psychological dependence
20		relative to the substances in Schedule III.
21		(Source: P.A. 97-334, eff. 1-1-12.)
22		(720 ILCS 570/210) (from Ch. 56 1/2, par. 1210)
23		Sec. 210. (a) The controlled substances listed in this
24		Section are included in Schedule IV.

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1		(b) Unless specifically excepted or unless listed in
2		another schedule, any material, compound, mixture, or
3		preparation containing limited quantities of any of the
4		following narcotic drugs, or their salts calculated as the
5		free anhydrous base or alkaloid, as set forth below:
6		(1) Not more than 1 milligram of difenoxin (DEA Drug
7		Code No. 9618) and not less than 25 micrograms of atropine
8		sulfate per dosage unit.
9		(2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
10		2-diphenyl-3-methyl-2-propionoxybutane).
11		(c) Unless specifically excepted or unless listed in
12		another schedule, any material, compound, mixture, or
13		preparation which contains any quantity of the following
14		substances having a potential for misuse abuse associated with
15		a depressant effect on the central nervous system:
16		(1) Alprazolam;
17		(2) Barbital;
18		(2.1) Bromazepam;
19		(2.2) Camazepam;
20		(2.3) Carisoprodol;
21		(3) Chloral Betaine;
22		(4) Chloral Hydrate;
23		(5) Chlordiazepoxide;
24		(5.1) Clobazam;
25		(6) Clonazepam;
26		(7) Clorazepate;

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1		(7.1) Clotiazepam;
2		(7.2) Cloxazolam;
3		(7.3) Delorazepam;
4		(8) Diazepam;
5		(8.05) Dichloralphenazone;
6		(8.1) Estazolam;
7		(9) Ethchlorvynol;
8		(10) Ethinamate;
9		(10.1) Ethyl loflazepate;
10		(10.2) Fludiazepam;
11		(10.3) Flunitrazepam;
12		(11) Flurazepam;
13		(11.1) Fospropofol;
14		(12) Halazepam;
15		(12.1) Haloxazolam;
16		(12.2) Ketazolam;
17		(12.3) Loprazolam;
18		(13) Lorazepam;
19		(13.1) Lormetazepam;
20		(14) Mebutamate;
21		(14.1) Medazepam;
22		(15) Meprobamate;
23		(16) Methohexital;
24		(17) Methylphenobarbital (Mephobarbital);
25		(17.1) Midazolam;
26		(17.2) Nimetazepam;

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1		(17.3) Nitrazepam;
2		(17.4) Nordiazepam;
3		(18) Oxazepam;
4		(18.1) Oxazolam;
5		(19) Paraldehyde;
6		(20) Petrichloral;
7		(21) Phenobarbital;
8		(21.1) Pinazepam;
9		(22) Prazepam;
10		(22.1) Quazepam;
11		(23) Temazepam;
12		(23.1) Tetrazepam;
13		(23.2) Tramadol;
14		(24) Triazolam;
15		(24.5) Zaleplon;
16		(25) Zolpidem;
17		(26) Zopiclone.
18		(d) Any material, compound, mixture, or preparation which
19		contains any quantity of the following substances, including
20		its salts, isomers (whether optical, position, or geometric),
21		and salts of such isomers, whenever the existence of such
22		salts, isomers and salts of isomers is possible:
23		(1) Fenfluramine.
24		(e) Unless specifically excepted or unless listed in
25		another schedule any material, compound, mixture, or
26		preparation which contains any quantity of the following

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1		substances having a stimulant effect on the central nervous
2		system, including its salts, isomers (whether optical,
3		position or geometric), and salts of such isomers whenever the
4		existence of such salts, isomers, and salts of isomers is
5		possible within the specific chemical designation:
6		(1) Cathine ((+)-norpseudoephedrine);
7		(1.1) Diethylpropion;
8		(1.2) Fencamfamin;
9		(1.3) Fenproporex;
10		(2) Mazindol;
11		(2.1) Mefenorex;
12		(3) Phentermine;
13		(4) Pemoline (including organometallic complexes and
14		chelates thereof);
15		(5) Pipradrol;
16		(6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
17		(7) Modafinil;
18		(8) Sibutramine.
19		(f) Other Substances. Unless specifically excepted or
20		unless listed in another schedule, any material, compound,
21		mixture, or preparation that contains any quantity of the
22		following substance, including its salts:
23		(1) Butorphanol (including its optical isomers).
24		(g) The Department may except by rule any compound,
25		mixture, or preparation containing any depressant substance
26		listed in subsection (b) from the application of all or any

SB0647 Engrossed - 52 - LRB103 03100 RJT 48106 b
1		part of this Act if the compound, mixture, or preparation
2		contains one or more active medicinal ingredients not having a
3		depressant effect on the central nervous system, and if the
4		admixtures are included therein in combinations, quantity,
5		proportion, or concentration that vitiate the potential for
6		misuse abuse of the substances which have a depressant effect
7		on the central nervous system.
8		(h) Except as otherwise provided in Section 216, any
9		material, compound, mixture, or preparation that contains any
10		quantity of the following substance having a stimulant effect
11		on the central nervous system, including its salts,
12		enantiomers (optical isomers) and salts of enantiomers
13		(optical isomers):
14		(1) Ephedrine, its salts, optical isomers and salts of
15		optical isomers.
16		(Source: P.A. 97-334, eff. 1-1-12.)
17		(720 ILCS 570/211) (from Ch. 56 1/2, par. 1211)
18		Sec. 211. The Department, taking into consideration the
19		recommendations of its Prescription Monitoring Program
20		Advisory Committee, may issue a rule scheduling a substance in
21		Schedule V if it finds that:
22		(1) the substance has low potential for misuse abuse
23		relative to the controlled substances listed in Schedule
24		IV;
25		(2) the substance has currently accepted medical use

SB0647 Engrossed - 53 - LRB103 03100 RJT 48106 b
1		in treatment in the United States; and
2		(3) misuse abuse of the substance may lead to limited
3		physiological dependence or psychological dependence
4		relative to the substances in Schedule IV, or the
5		substance is a targeted methamphetamine precursor as
6		defined in the Methamphetamine Precursor Control Act.
7		(Source: P.A. 97-334, eff. 1-1-12.)
8		(720 ILCS 570/216)
9		Sec. 216. Ephedrine.
10		(a) The following drug products containing ephedrine, its
11		salts, optical isomers and salts of optical isomers shall be
12		exempt from the application of Sections 312 and 313 of this Act
13		if they: (i) may lawfully be sold over-the-counter without a
14		prescription under the Federal Food, Drug, and Cosmetic Act;
15		(ii) are labeled and marketed in a manner consistent with
16		Section 341.76 of Title 21 of the Code of Federal Regulations;
17		(iii) are manufactured and distributed for legitimate
18		medicinal use in a manner that reduces or eliminates the
19		likelihood of abuse; and (iv) are not marketed, advertised, or
20		labeled for the indications of stimulation, mental alertness,
21		weight loss, muscle enhancement, appetite control, or energy:
22		(1) Solid oral dosage forms, including soft gelatin
23		caplets, which are formulated pursuant to 21 CFR 341 or
24		its successor, and packaged in blister packs of not more
25		than 2 tablets per blister.

SB0647 Engrossed - 54 - LRB103 03100 RJT 48106 b
1		(2) Anorectal preparations containing not more than 5%
2		ephedrine.
3		(b) The marketing, advertising, or labeling of any product
4		containing ephedrine, a salt of ephedrine, an optical isomer
5		of ephedrine, or a salt of an optical isomer of ephedrine, for
6		the indications of stimulation, mental alertness, weight loss,
7		appetite control, or energy, is prohibited. In determining
8		compliance with this requirement the Department may consider
9		the following factors:
10		(1) The packaging of the drug product;
11		(2) The name and labeling of the product;
12		(3) The manner of distribution, advertising, and
13		promotion of the product;
14		(4) Verbal representations made concerning the
15		product;
16		(5) The duration, scope, and significance of abuse or
17		misuse of the particular product.
18		(c) A violation of this Section is a Class A misdemeanor. A
19		second or subsequent violation of this Section is a Class 4
20		felony.
21		(d) This Section does not apply to dietary supplements,
22		herbs, or other natural products, including concentrates or
23		extracts, which:
24		(1) are not otherwise prohibited by law; and
25		(2) may contain naturally occurring ephedrine,
26		ephedrine alkaloids, or pseudoephedrine, or their salts,

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1		isomers, or salts of isomers, or a combination of these
2		substances, that:
3		(i) are contained in a matrix of organic material;
4		and
5		(ii) do not exceed 15% of the total weight of the
6		natural product.
7		(e) Nothing in this Section limits the scope or terms of
8		the Methamphetamine Precursor Control Act.
9		(Source: P.A. 94-694, eff. 1-15-06.)
10		(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
11		Sec. 312. Requirements for dispensing controlled
12		substances.
13		(a) A practitioner, in good faith, may dispense a Schedule
14		II controlled substance, which is a narcotic drug listed in
15		Section 206 of this Act; or which contains any quantity of
16		amphetamine or methamphetamine, their salts, optical isomers
17		or salts of optical isomers; phenmetrazine and its salts; or
18		pentazocine; and Schedule III, IV, or V controlled substances
19		to any person upon a written or electronic prescription of any
20		prescriber, dated and signed by the person prescribing (or
21		electronically validated in compliance with Section 311.5) on
22		the day when issued and bearing the name and address of the
23		patient for whom, or the owner of the animal for which the
24		controlled substance is dispensed, and the full name, address
25		and registry number under the laws of the United States

SB0647 Engrossed - 56 - LRB103 03100 RJT 48106 b
1		relating to controlled substances of the prescriber, if he or
2		she is required by those laws to be registered. If the
3		prescription is for an animal it shall state the species of
4		animal for which it is ordered. The practitioner filling the
5		prescription shall, unless otherwise permitted, write the date
6		of filling and his or her own signature on the face of the
7		written prescription or, alternatively, shall indicate such
8		filling using a unique identifier as defined in paragraph (v)
9		of Section 3 of the Pharmacy Practice Act. The written
10		prescription shall be retained on file by the practitioner who
11		filled it or pharmacy in which the prescription was filled for
12		a period of 2 years, so as to be readily accessible for
13		inspection or removal by any officer or employee engaged in
14		the enforcement of this Act. Whenever the practitioner's or
15		pharmacy's copy of any prescription is removed by an officer
16		or employee engaged in the enforcement of this Act, for the
17		purpose of investigation or as evidence, such officer or
18		employee shall give to the practitioner or pharmacy a receipt
19		in lieu thereof. If the specific prescription is machine or
20		computer generated and printed at the prescriber's office, the
21		date does not need to be handwritten. A prescription for a
22		Schedule II controlled substance shall not be issued for more
23		than a 30 day supply, except as provided in subsection (a-5),
24		and shall be valid for up to 90 days after the date of
25		issuance. A written prescription for Schedule III, IV or V
26		controlled substances shall not be filled or refilled more

SB0647 Engrossed - 57 - LRB103 03100 RJT 48106 b
1		than 6 months after the date thereof or refilled more than 5
2		times unless renewed, in writing, by the prescriber. A
3		pharmacy shall maintain a policy regarding the type of
4		identification necessary, if any, to receive a prescription in
5		accordance with State and federal law. The pharmacy must post
6		such information where prescriptions are filled.
7		(a-5) Physicians may issue multiple prescriptions (3
8		sequential 30-day supplies) for the same Schedule II
9		controlled substance, authorizing up to a 90-day supply.
10		Before authorizing a 90-day supply of a Schedule II controlled
11		substance, the physician must meet the following conditions:
12		(1) Each separate prescription must be issued for a
13		legitimate medical purpose by an individual physician
14		acting in the usual course of professional practice.
15		(2) The individual physician must provide written
16		instructions on each prescription (other than the first
17		prescription, if the prescribing physician intends for the
18		prescription to be filled immediately) indicating the
19		earliest date on which a pharmacy may fill that
20		prescription.
21		(3) The physician shall document in the medical record
22		of a patient the medical necessity for the amount and
23		duration of the 3 sequential 30-day prescriptions for
24		Schedule II narcotics.
25		(a-10) Prescribers who issue a prescription for an opioid
26		shall inform the patient that opioids are addictive and that

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1		opioid antagonists are available by prescription or from a
2		pharmacy.
3		(b) In lieu of a written prescription required by this
4		Section, a pharmacist, in good faith, may dispense Schedule
5		III, IV, or V substances to any person either upon receiving a
6		facsimile of a written, signed prescription transmitted by the
7		prescriber or the prescriber's agent or upon a lawful oral
8		prescription of a prescriber which oral prescription shall be
9		reduced promptly to writing by the pharmacist and such written
10		memorandum thereof shall be dated on the day when such oral
11		prescription is received by the pharmacist and shall bear the
12		full name and address of the ultimate user for whom, or of the
13		owner of the animal for which the controlled substance is
14		dispensed, and the full name, address, and registry number
15		under the law of the United States relating to controlled
16		substances of the prescriber prescribing if he or she is
17		required by those laws to be so registered, and the pharmacist
18		filling such oral prescription shall write the date of filling
19		and his or her own signature on the face of such written
20		memorandum thereof. The facsimile copy of the prescription or
21		written memorandum of the oral prescription shall be retained
22		on file by the proprietor of the pharmacy in which it is filled
23		for a period of not less than two years, so as to be readily
24		accessible for inspection by any officer or employee engaged
25		in the enforcement of this Act in the same manner as a written
26		prescription. The facsimile copy of the prescription or oral

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1		prescription and the written memorandum thereof shall not be
2		filled or refilled more than 6 months after the date thereof or
3		be refilled more than 5 times, unless renewed, in writing, by
4		the prescriber.
5		(c) Except for any non-prescription targeted
6		methamphetamine precursor regulated by the Methamphetamine
7		Precursor Control Act, a controlled substance included in
8		Schedule V shall not be distributed or dispensed other than
9		for a medical purpose and not for the purpose of evading this
10		Act, and then:
11		(1) only personally by a person registered to dispense
12		a Schedule V controlled substance and then only to his or
13		her patients, or
14		(2) only personally by a pharmacist, and then only to
15		a person over 21 years of age who has identified himself or
16		herself to the pharmacist by means of 2 positive documents
17		of identification.
18		The dispenser shall record the name and address of the
19		purchaser, the name and quantity of the product, the date and
20		time of the sale, and the dispenser's signature.
21		No person shall purchase or be dispensed more than 120
22		milliliters or more than 120 grams of any Schedule V substance
23		which contains codeine, dihydrocodeine, or any salts thereof,
24		or ethylmorphine, or any salts thereof, in any 96-hour period.
25		The purchaser shall sign a form, approved by the Department of
26		Financial and Professional Regulation, attesting that he or

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1		she has not purchased any Schedule V controlled substances
2		within the immediately preceding 96 hours.
3		All records of purchases and sales shall be maintained for
4		not less than 2 years.
5		No person shall obtain or attempt to obtain within any
6		consecutive 96-hour period any Schedule V substances of more
7		than 120 milliliters or more than 120 grams containing
8		codeine, dihydrocodeine or any of its salts, or ethylmorphine
9		or any of its salts. Any person obtaining any such
10		preparations or combination of preparations in excess of this
11		limitation shall be in unlawful possession of such controlled
12		substance.
13		A person qualified to dispense controlled substances under
14		this Act and registered thereunder shall at no time maintain
15		or keep in stock a quantity of Schedule V controlled
16		substances in excess of 4.5 liters for each substance; a
17		pharmacy shall at no time maintain or keep in stock a quantity
18		of Schedule V controlled substances as defined in excess of
19		4.5 liters for each substance, plus the additional quantity of
20		controlled substances necessary to fill the largest number of
21		prescription orders filled by that pharmacy for such
22		controlled substances in any one week in the previous year.
23		These limitations shall not apply to Schedule V controlled
24		substances which Federal law prohibits from being dispensed
25		without a prescription.
26		No person shall distribute or dispense butyl nitrite for

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1		inhalation or other introduction into the human body for
2		euphoric or physical effect.
3		(d) Every practitioner shall keep a record or log of
4		controlled substances received by him or her and a record of
5		all such controlled substances administered, dispensed or
6		professionally used by him or her otherwise than by
7		prescription. It shall, however, be sufficient compliance with
8		this paragraph if any practitioner utilizing controlled
9		substances listed in Schedules III, IV and V shall keep a
10		record of all those substances dispensed and distributed by
11		him or her other than those controlled substances which are
12		administered by the direct application of a controlled
13		substance, whether by injection, inhalation, ingestion, or any
14		other means to the body of a patient or research subject. A
15		practitioner who dispenses, other than by administering, a
16		controlled substance in Schedule II, which is a narcotic drug
17		listed in Section 206 of this Act, or which contains any
18		quantity of amphetamine or methamphetamine, their salts,
19		optical isomers or salts of optical isomers, pentazocine, or
20		methaqualone shall do so only upon the issuance of a written
21		prescription blank or electronic prescription issued by a
22		prescriber.
23		(e) Whenever a manufacturer distributes a controlled
24		substance in a package prepared by him or her, and whenever a
25		wholesale distributor distributes a controlled substance in a
26		package prepared by him or her or the manufacturer, he or she

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1		shall securely affix to each package in which that substance
2		is contained a label showing in legible English the name and
3		address of the manufacturer, the distributor and the quantity,
4		kind and form of controlled substance contained therein. No
5		person except a pharmacist and only for the purposes of
6		filling a prescription under this Act, shall alter, deface or
7		remove any label so affixed.
8		(f) Whenever a practitioner dispenses any controlled
9		substance except a non-prescription Schedule V product or a
10		non-prescription targeted methamphetamine precursor regulated
11		by the Methamphetamine Precursor Control Act, he or she shall
12		affix to the container in which such substance is sold or
13		dispensed, a label indicating the date of initial filling, the
14		practitioner's name and address, the name of the patient, the
15		name of the prescriber, the directions for use and cautionary
16		statements, if any, contained in any prescription or required
17		by law, the proprietary name or names or the established name
18		of the controlled substance, and the dosage and quantity,
19		except as otherwise authorized by regulation by the Department
20		of Financial and Professional Regulation. No person shall
21		alter, deface or remove any label so affixed as long as the
22		specific medication remains in the container.
23		(g) A person to whom or for whose use any controlled
24		substance has been prescribed or dispensed by a practitioner,
25		or other persons authorized under this Act, and the owner of
26		any animal for which such substance has been prescribed or

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1		dispensed by a veterinarian, may lawfully possess such
2		substance only in the container in which it was delivered to
3		him or her by the person dispensing such substance.
4		(h) The responsibility for the proper prescribing or
5		dispensing of controlled substances that are under the
6		prescriber's direct control is upon the prescriber. The
7		responsibility for the proper filling of a prescription for
8		controlled substance drugs rests with the pharmacist. An order
9		purporting to be a prescription issued to any individual,
10		which is not in the regular course of professional treatment
11		nor part of an authorized methadone maintenance program, nor
12		in legitimate and authorized research instituted by any
13		accredited hospital, educational institution, charitable
14		foundation, or federal, state or local governmental agency,
15		and which is intended to provide that individual with
16		controlled substances sufficient to maintain that individual's
17		or any other individual's physical or psychological addiction,
18		habitual or customary use, dependence, or diversion of that
19		controlled substance is not a prescription within the meaning
20		and intent of this Act; and the person issuing it, shall be
21		subject to the penalties provided for violations of the law
22		relating to controlled substances.
23		(i) A prescriber shall not pre-print or cause to be
24		pre-printed a prescription for any controlled substance; nor
25		shall any practitioner issue, fill or cause to be issued or
26		filled, a pre-printed prescription for any controlled

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1		substance.
2		(i-5) A prescriber may use a machine or electronic device
3		to individually generate a printed prescription, but the
4		prescriber is still required to affix his or her manual
5		signature.
6		(j) No person shall manufacture, dispense, deliver,
7		possess with intent to deliver, prescribe, or administer or
8		cause to be administered under his or her direction any
9		anabolic steroid, for any use in humans other than the
10		treatment of disease in accordance with the order of a
11		physician licensed to practice medicine in all its branches
12		for a valid medical purpose in the course of professional
13		practice. The use of anabolic steroids for the purpose of
14		hormonal manipulation that is intended to increase muscle
15		mass, strength or weight without a medical necessity to do so,
16		or for the intended purpose of improving physical appearance
17		or performance in any form of exercise, sport, or game, is not
18		a valid medical purpose or in the course of professional
19		practice.
20		(k) Controlled substances may be mailed if all of the
21		following conditions are met:
22		(1) The controlled substances are not outwardly
23		dangerous and are not likely, of their own force, to cause
24		injury to a person's life or health.
25		(2) The inner container of a parcel containing
26		controlled substances must be marked and sealed as

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1		required under this Act and its rules, and be placed in a
2		plain outer container or securely wrapped in plain paper.
3		(3) If the controlled substances consist of
4		prescription medicines, the inner container must be
5		labeled to show the name and address of the pharmacy or
6		practitioner dispensing the prescription.
7		(4) The outside wrapper or container must be free of
8		markings that would indicate the nature of the contents.
9		(l) Notwithstanding any other provision of this Act to the
10		contrary, emergency medical services personnel may administer
11		Schedule II, III, IV, or V controlled substances to a person in
12		the scope of their employment without a written, electronic,
13		or oral prescription of a prescriber.
14		(Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23.)
15		(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
16		Sec. 313. (a) Controlled substances which are lawfully
17		administered in hospitals or institutions licensed under the
18		Hospital Licensing Act shall be exempt from the requirements
19		of Sections 312, 315.6, and 316, except that the prescription
20		for the controlled substance shall be in writing on the
21		patient's record, signed by the prescriber, and dated, and
22		shall state the name and quantity of controlled substances
23		ordered and the quantity actually administered. The records of
24		such prescriptions shall be maintained for two years and shall
25		be available for inspection by officers and employees of the

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1		Illinois State Police and the Department of Financial and
2		Professional Regulation.
3		The exemption under this subsection (a) does not apply to
4		a prescription (including an outpatient prescription from an
5		emergency department or outpatient clinic) for more than a
6		72-hour supply of a discharge medication to be consumed
7		outside of the hospital or institution.
8		(b) Controlled substances that can lawfully be
9		administered or dispensed directly to a patient in a long-term
10		care facility licensed by the Department of Public Health as a
11		skilled nursing facility, intermediate care facility, or
12		long-term care facility for residents under 22 years of age,
13		are exempt from the requirements of Section 312 except that a
14		prescription for a Schedule II controlled substance must be
15		either a prescription signed by the prescriber or a
16		prescription transmitted by the prescriber or prescriber's
17		agent to the dispensing pharmacy by facsimile. The facsimile
18		serves as the original prescription and must be maintained for
19		2 years from the date of issue in the same manner as a written
20		prescription signed by the prescriber.
21		(c) A prescription that is generated for a Schedule II
22		controlled substance to be compounded for direct
23		administration to a patient in a private residence, long-term
24		care facility, or hospice program may be transmitted by
25		facsimile by the prescriber or the prescriber's agent to the
26		pharmacy providing the home infusion services. The facsimile

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1		serves as the original prescription for purposes of this
2		paragraph (c) and it shall be maintained in the same manner as
3		the original prescription.
4		(c-1) A prescription generated for a Schedule II
5		controlled substance for a patient residing in a hospice
6		certified by Medicare under Title XVIII of the Social Security
7		Act or licensed by the State may be transmitted by the
8		practitioner or the practitioner's agent to the dispensing
9		pharmacy by facsimile or electronically as provided in Section
10		311.5. The practitioner or practitioner's agent must note on
11		the prescription that the patient is a hospice patient. The
12		facsimile or electronic record serves as the original
13		prescription for purposes of this paragraph (c-1) and it shall
14		be maintained in the same manner as the original prescription.
15		(d) Controlled substances which are lawfully administered
16		and/or dispensed in substance use disorder drug abuse
17		treatment programs licensed by the Department shall be exempt
18		from the requirements of Sections 312 and 316, except that the
19		prescription for such controlled substances shall be issued
20		and authenticated on official prescription logs prepared and
21		maintained in accordance with 77 Ill. Adm. Code 2060:
22		Alcoholism and Substance Abuse Treatment and Intervention
23		Licenses, and in compliance with other applicable State and
24		federal laws. The Department-licensed drug treatment program
25		shall report applicable prescriptions via electronic record
26		keeping software approved by the Department. This software

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1		must be compatible with the specifications of the Department.
2		Substance use disorder Drug abuse treatment programs shall
3		report to the Department methadone prescriptions or
4		medications dispensed through the use of Department-approved
5		File Transfer Protocols (FTPs). Methadone prescription records
6		must be maintained in accordance with the applicable
7		requirements as set forth by the Department in accordance with
8		77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse
9		Treatment and Intervention Licenses, and in compliance with
10		other applicable State and federal laws.
11		(e) Nothing in this Act shall be construed to limit the
12		authority of a hospital pursuant to Section 65-45 of the Nurse
13		Practice Act to grant hospital clinical privileges to an
14		individual advanced practice registered nurse to select, order
15		or administer medications, including controlled substances to
16		provide services within a hospital. Nothing in this Act shall
17		be construed to limit the authority of an ambulatory surgical
18		treatment center pursuant to Section 65-45 of the Nurse
19		Practice Act to grant ambulatory surgical treatment center
20		clinical privileges to an individual advanced practice
21		registered nurse to select, order or administer medications,
22		including controlled substances to provide services within an
23		ambulatory surgical treatment center.
24		(Source: P.A. 102-608, eff. 8-27-21.)
25		(720 ILCS 570/318)

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1		Sec. 318. Confidentiality of information.
2		(a) Information received by the central repository under
3		Section 316 and former Section 321 is confidential.
4		(a-1) To ensure the federal Health Insurance Portability
5		and Accountability Act and confidentiality of substance use
6		disorder patient records rules that mandate the privacy of an
7		individual's prescription data reported to the Prescription
8		Monitoring Program received from a retail dispenser under this
9		Act, and in order to execute the duties and responsibilities
10		under Section 316 of this Act and rules for disclosure under
11		this Section, the Clinical Director of the Prescription
12		Monitoring Program or his or her designee shall maintain
13		direct access to all Prescription Monitoring Program data. Any
14		request for Prescription Monitoring Program data from any
15		other department or agency must be approved in writing by the
16		Clinical Director of the Prescription Monitoring Program or
17		his or her designee unless otherwise permitted by law.
18		Prescription Monitoring Program data shall only be disclosed
19		as permitted by law.
20		(a-2) As an active step to address the current opioid
21		crisis in this State and to prevent and reduce substance use
22		disorders addiction resulting from a sports injury or an
23		accident, the Prescription Monitoring Program and the
24		Department of Public Health shall coordinate a continuous
25		review of the Prescription Monitoring Program and the
26		Department of Public Health data to determine if a patient may

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1		be at risk of opioid use disorder addiction. Each patient
2		discharged from any medical facility with an International
3		Classification of Disease, 10th edition code related to a
4		sport or accident injury shall be subject to the data review.
5		If the discharged patient is dispensed a controlled substance,
6		the Prescription Monitoring Program shall alert the patient's
7		prescriber as to the addiction risk of developing a substance
8		use disorder and urge each to follow the Centers for Disease
9		Control and Prevention guidelines or his or her respective
10		profession's treatment guidelines related to the patient's
11		injury. This subsection (a-2), other than this sentence, is
12		inoperative on or after January 1, 2024.
13		(b) The Department must carry out a program to protect the
14		confidentiality of the information described in subsection
15		(a). The Department may disclose the information to another
16		person only under subsection (c), (d), or (f) and may charge a
17		fee not to exceed the actual cost of furnishing the
18		information.
19		(c) The Department may disclose confidential information
20		described in subsection (a) to any person who is engaged in
21		receiving, processing, or storing the information.
22		(d) The Department may release confidential information
23		described in subsection (a) to the following persons:
24		(1) A governing body that licenses practitioners and
25		is engaged in an investigation, an adjudication, or a
26		prosecution of a violation under any State or federal law

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1		that involves a controlled substance.
2		(2) An investigator for the Consumer Protection
3		Division of the office of the Attorney General, a
4		prosecuting attorney, the Attorney General, a deputy
5		Attorney General, or an investigator from the office of
6		the Attorney General, who is engaged in any of the
7		following activities involving controlled substances:
8		(A) an investigation;
9		(B) an adjudication; or
10		(C) a prosecution of a violation under any State
11		or federal law that involves a controlled substance.
12		(3) A law enforcement officer who is:
13		(A) authorized by the Illinois State Police or the
14		office of a county sheriff or State's Attorney or
15		municipal police department of Illinois to receive
16		information of the type requested for the purpose of
17		investigations involving controlled substances; or
18		(B) approved by the Department to receive
19		information of the type requested for the purpose of
20		investigations involving controlled substances; and
21		(C) engaged in the investigation or prosecution of
22		a violation under any State or federal law that
23		involves a controlled substance.
24		(4) Select representatives of the Department of
25		Children and Family Services through the indirect online
26		request process. Access shall be established by an

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1		intergovernmental agreement between the Department of
2		Children and Family Services and the Department of Human
3		Services.
4		(e) Before the Department releases confidential
5		information under subsection (d), the applicant must
6		demonstrate in writing to the Department that:
7		(1) the applicant has reason to believe that a
8		violation under any State or federal law that involves a
9		controlled substance has occurred; and
10		(2) the requested information is reasonably related to
11		the investigation, adjudication, or prosecution of the
12		violation described in subdivision (1).
13		(f) The Department may receive and release prescription
14		record information under Section 316 and former Section 321
15		to:
16		(1) a governing body that licenses practitioners;
17		(2) an investigator for the Consumer Protection
18		Division of the office of the Attorney General, a
19		prosecuting attorney, the Attorney General, a deputy
20		Attorney General, or an investigator from the office of
21		the Attorney General;
22		(3) any Illinois law enforcement officer who is:
23		(A) authorized to receive the type of information
24		released; and
25		(B) approved by the Department to receive the type
26		of information released; or

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1		(4) prescription monitoring entities in other states
2		per the provisions outlined in subsection (g) and (h)
3		below;
4		confidential prescription record information collected under
5		Sections 316 and 321 (now repealed) that identifies vendors or
6		practitioners, or both, who are prescribing or dispensing
7		large quantities of Schedule II, III, IV, or V controlled
8		substances outside the scope of their practice, pharmacy, or
9		business, as determined by the Advisory Committee created by
10		Section 320.
11		(f-5) In accordance with a confidentiality agreement
12		entered into with the Department, a medical director, or a
13		public health administrator and their delegated analysts, of a
14		county or municipal health department or the Department of
15		Public Health shall have access to data from the system for any
16		of the following purposes:
17		(1) developing education programs or public health
18		interventions relating to prescribing trends and
19		controlled substance use; or
20		(2) conducting analyses and publish reports on
21		prescribing trends in their respective jurisdictions.
22		At a minimum, the confidentiality agreement entered into
23		with the Department shall:
24		(i) prohibit analysis and reports produced under
25		subparagraph (2) from including information that
26		identifies, by name, license, or address, any

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1		practitioner, dispenser, ultimate user, or other person
2		administering a controlled substance; and
3		(ii) specify the appropriate technical and physical
4		safeguards that the county or municipal health department
5		must implement to ensure the privacy and security of data
6		obtained from the system. The data from the system shall
7		not be admissible as evidence, nor discoverable in any
8		action of any kind in any court or before any tribunal,
9		board, agency, or person. The disclosure of any such
10		information or data, whether proper or improper, shall not
11		waive or have any effect upon its confidentiality,
12		non-discoverability, or non-admissibility.
13		(g) The information described in subsection (f) may not be
14		released until it has been reviewed by an employee of the
15		Department who is licensed as a prescriber or a dispenser and
16		until that employee has certified that further investigation
17		is warranted. However, failure to comply with this subsection
18		(g) does not invalidate the use of any evidence that is
19		otherwise admissible in a proceeding described in subsection
20		(h).
21		(h) An investigator or a law enforcement officer receiving
22		confidential information under subsection (c), (d), or (f) may
23		disclose the information to a law enforcement officer or an
24		attorney for the office of the Attorney General for use as
25		evidence in the following:
26		(1) A proceeding under any State or federal law that

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1		involves a controlled substance.
2		(2) A criminal proceeding or a proceeding in juvenile
3		court that involves a controlled substance.
4		(i) The Department may compile statistical reports from
5		the information described in subsection (a). The reports must
6		not include information that identifies, by name, license or
7		address, any practitioner, dispenser, ultimate user, or other
8		person administering a controlled substance.
9		(j) Based upon federal, initial and maintenance funding, a
10		prescriber and dispenser inquiry system shall be developed to
11		assist the health care community in its goal of effective
12		clinical practice and to prevent patients from diverting or
13		abusing medications.
14		(1) An inquirer shall have read-only access to a
15		stand-alone database which shall contain records for the
16		previous 12 months.
17		(2) Dispensers may, upon positive and secure
18		identification, make an inquiry on a patient or customer
19		solely for a medical purpose as delineated within the
20		federal HIPAA law.
21		(3) The Department shall provide a one-to-one secure
22		link and encrypted software necessary to establish the
23		link between an inquirer and the Department. Technical
24		assistance shall also be provided.
25		(4) Written inquiries are acceptable but must include
26		the fee and the requester's Drug Enforcement

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1		Administration license number and submitted upon the
2		requester's business stationery.
3		(5) As directed by the Prescription Monitoring Program
4		Advisory Committee and the Clinical Director for the
5		Prescription Monitoring Program, aggregate data that does
6		not indicate any prescriber, practitioner, dispenser, or
7		patient may be used for clinical studies.
8		(6) Tracking analysis shall be established and used
9		per administrative rule.
10		(7) Nothing in this Act or Illinois law shall be
11		construed to require a prescriber or dispenser to make use
12		of this inquiry system.
13		(8) If there is an adverse outcome because of a
14		prescriber or dispenser making an inquiry, which is
15		initiated in good faith, the prescriber or dispenser shall
16		be held harmless from any civil liability.
17		(k) The Department shall establish, by rule, the process
18		by which to evaluate possible erroneous association of
19		prescriptions to any licensed prescriber or end user of the
20		Illinois Prescription Information Library (PIL).
21		(l) The Prescription Monitoring Program Advisory Committee
22		is authorized to evaluate the need for and method of
23		establishing a patient specific identifier.
24		(m) Patients who identify prescriptions attributed to them
25		that were not obtained by them shall be given access to their
26		personal prescription history pursuant to the validation

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1		process as set forth by administrative rule.
2		(n) The Prescription Monitoring Program is authorized to
3		develop operational push reports to entities with compatible
4		electronic medical records. The process shall be covered
5		within administrative rule established by the Department.
6		(o) Hospital emergency departments and freestanding
7		healthcare facilities providing healthcare to walk-in patients
8		may obtain, for the purpose of improving patient care, a
9		unique identifier for each shift to utilize the PIL system.
10		(p) The Prescription Monitoring Program shall
11		automatically create a log-in to the inquiry system when a
12		prescriber or dispenser obtains or renews his or her
13		controlled substance license. The Department of Financial and
14		Professional Regulation must provide the Prescription
15		Monitoring Program with electronic access to the license
16		information of a prescriber or dispenser to facilitate the
17		creation of this profile. The Prescription Monitoring Program
18		shall send the prescriber or dispenser information regarding
19		the inquiry system, including instructions on how to log into
20		the system, instructions on how to use the system to promote
21		effective clinical practice, and opportunities for continuing
22		education for the prescribing of controlled substances. The
23		Prescription Monitoring Program shall also send to all
24		enrolled prescribers, dispensers, and designees information
25		regarding the unsolicited reports produced pursuant to Section
26		314.5 of this Act.

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1		(q) A prescriber or dispenser may authorize a designee to
2		consult the inquiry system established by the Department under
3		this subsection on his or her behalf, provided that all the
4		following conditions are met:
5		(1) the designee so authorized is employed by the same
6		hospital or health care system; is employed by the same
7		professional practice; or is under contract with such
8		practice, hospital, or health care system;
9		(2) the prescriber or dispenser takes reasonable steps
10		to ensure that such designee is sufficiently competent in
11		the use of the inquiry system;
12		(3) the prescriber or dispenser remains responsible
13		for ensuring that access to the inquiry system by the
14		designee is limited to authorized purposes and occurs in a
15		manner that protects the confidentiality of the
16		information obtained from the inquiry system, and remains
17		responsible for any breach of confidentiality; and
18		(4) the ultimate decision as to whether or not to
19		prescribe or dispense a controlled substance remains with
20		the prescriber or dispenser.
21		The Prescription Monitoring Program shall send to
22		registered designees information regarding the inquiry system,
23		including instructions on how to log onto the system.
24		(r) The Prescription Monitoring Program shall maintain an
25		Internet website in conjunction with its prescriber and
26		dispenser inquiry system. This website shall include, at a

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1		minimum, the following information:
2		(1) current clinical guidelines developed by health
3		care professional organizations on the prescribing of
4		opioids or other controlled substances as determined by
5		the Advisory Committee;
6		(2) accredited continuing education programs related
7		to prescribing of controlled substances;
8		(3) programs or information developed by health care
9		professionals that may be used to assess patients or help
10		ensure compliance with prescriptions;
11		(4) updates from the Food and Drug Administration, the
12		Centers for Disease Control and Prevention, and other
13		public and private organizations which are relevant to
14		prescribing;
15		(5) relevant medical studies related to prescribing;
16		(6) other information regarding the prescription of
17		controlled substances; and
18		(7) information regarding prescription drug disposal
19		events, including take-back programs or other disposal
20		options or events.
21		The content of the Internet website shall be periodically
22		reviewed by the Prescription Monitoring Program Advisory
23		Committee as set forth in Section 320 and updated in
24		accordance with the recommendation of the advisory committee.
25		(s) The Prescription Monitoring Program shall regularly
26		send electronic updates to the registered users of the

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1		Program. The Prescription Monitoring Program Advisory
2		Committee shall review any communications sent to registered
3		users and also make recommendations for communications as set
4		forth in Section 320. These updates shall include the
5		following information:
6		(1) opportunities for accredited continuing education
7		programs related to prescribing of controlled substances;
8		(2) current clinical guidelines developed by health
9		care professional organizations on the prescribing of
10		opioids or other drugs as determined by the Advisory
11		Committee;
12		(3) programs or information developed by health care
13		professionals that may be used to assess patients or help
14		ensure compliance with prescriptions;
15		(4) updates from the Food and Drug Administration, the
16		Centers for Disease Control and Prevention, and other
17		public and private organizations which are relevant to
18		prescribing;
19		(5) relevant medical studies related to prescribing;
20		(6) other information regarding prescribing of
21		controlled substances;
22		(7) information regarding prescription drug disposal
23		events, including take-back programs or other disposal
24		options or events; and
25		(8) reminders that the Prescription Monitoring Program
26		is a useful clinical tool.

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1		(t) Notwithstanding any other provision of this Act,
2		neither the Prescription Monitoring Program nor any other
3		person shall disclose any information in violation of the
4		restrictions and requirements of paragraph (3.5) of subsection
5		(a) of Section 316 as implemented under Public Act 102-527.
6		(Source: P.A. 102-751, eff. 1-1-23.)
7		(720 ILCS 570/320)
8		Sec. 320. Advisory committee.
9		(a) There is created a Prescription Monitoring Program
10		Advisory Committee to assist the Department of Human Services
11		and Department of Public Health in implementing the
12		Prescription Monitoring Program created by this Article and to
13		advise the Department on the professional performance of
14		prescribers and dispensers and other matters germane to the
15		advisory committee's field of competence.
16		(b) The Prescription Monitoring Program Advisory Committee
17		shall consist of 15 members appointed by the Clinical Director
18		of the Prescription Monitoring Program composed of prescribers
19		and dispensers licensed to practice medicine in his or her
20		respective profession as follows: one family or primary care
21		physician; one pain specialist physician; 4 other physicians,
22		one of whom may be an ophthalmologist; 2 advanced practice
23		registered nurses; one physician assistant; one optometrist;
24		one dentist; one clinical representative from a statewide
25		organization representing hospitals; and 3 pharmacists. The

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1		Advisory Committee members serving on August 26, 2018 (the
2		effective date of Public Act 100-1093) shall continue to serve
3		until January 1, 2019. Prescriber and dispenser nominations
4		for membership on the Committee shall be submitted by their
5		respective professional associations. If there are more
6		nominees than membership positions for a prescriber or
7		dispenser category, as provided in this subsection (b), the
8		Clinical Director of the Prescription Monitoring Program shall
9		appoint a member or members for each profession as provided in
10		this subsection (b), from the nominations to serve on the
11		advisory committee. At the first meeting of the Committee in
12		2019 members shall draw lots for initial terms and 6 members
13		shall serve 3 years, 5 members shall serve 2 years, and 5
14		members shall serve one year. Thereafter, members shall serve
15		3-year terms. Members may serve more than one term but no more
16		than 3 terms. The Clinical Director of the Prescription
17		Monitoring Program may appoint a representative of an
18		organization representing a profession required to be
19		appointed. The Clinical Director of the Prescription
20		Monitoring Program shall serve as the Secretary of the
21		committee.
22		(c) The advisory committee may appoint a chairperson and
23		other officers as it deems appropriate.
24		(d) The members of the advisory committee shall receive no
25		compensation for their services as members of the advisory
26		committee, unless appropriated by the General Assembly, but

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1		may be reimbursed for their actual expenses incurred in
2		serving on the advisory committee.
3		(e) The advisory committee shall:
4		(1) provide a uniform approach to reviewing this Act
5		in order to determine whether changes should be
6		recommended to the General Assembly;
7		(2) review current drug schedules in order to manage
8		changes to the administrative rules pertaining to the
9		utilization of this Act;
10		(3) review the following: current clinical guidelines
11		developed by health care professional organizations on the
12		prescribing of opioids or other controlled substances;
13		accredited continuing education programs related to
14		prescribing and dispensing; programs or information
15		developed by health care professional organizations that
16		may be used to assess patients or help ensure compliance
17		with prescriptions; updates from the Food and Drug
18		Administration, the Centers for Disease Control and
19		Prevention, and other public and private organizations
20		which are relevant to prescribing and dispensing; relevant
21		medical studies; and other publications which involve the
22		prescription of controlled substances;
23		(4) make recommendations for inclusion of these
24		materials or other studies which may be effective
25		resources for prescribers and dispensers on the Internet
26		website of the inquiry system established under Section

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1		318;
2		(5) semi-annually review the content of the Internet
3		website of the inquiry system established pursuant to
4		Section 318 to ensure this Internet website has the most
5		current available information;
6		(6) semi-annually review opportunities for federal
7		grants and other forms of funding to support projects
8		which will increase the number of pilot programs which
9		integrate the inquiry system with electronic health
10		records; and
11		(7) semi-annually review communication to be sent to
12		all registered users of the inquiry system established
13		pursuant to Section 318, including recommendations for
14		relevant accredited continuing education and information
15		regarding prescribing and dispensing.
16		(f) The Advisory Committee shall select from its members
17		10 members of the Peer Review Committee composed of:
18		(1) 3 physicians;
19		(2) 3 pharmacists;
20		(3) one dentist;
21		(4) one advanced practice registered nurse;
22		(4.5) (blank);
23		(5) one physician assistant; and
24		(6) one optometrist.
25		The purpose of the Peer Review Committee is to establish a
26		formal peer review of professional performance of prescribers

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1		and dispensers. The deliberations, information, and
2		communications of the Peer Review Committee are privileged and
3		confidential and shall not be disclosed in any manner except
4		in accordance with current law.
5		(1) The Peer Review Committee shall periodically
6		review the data contained within the prescription
7		monitoring program to identify those prescribers or
8		dispensers who may be prescribing or dispensing outside
9		the currently accepted standard and practice of their
10		profession. The Peer Review Committee member, whose
11		profession is the same as the prescriber or dispenser
12		being reviewed, shall prepare a preliminary report and
13		recommendation for any non-action or action. The
14		Prescription Monitoring Program Clinical Director and
15		staff shall provide the necessary assistance and data as
16		required.
17		(2) The Peer Review Committee may identify prescribers
18		or dispensers who may be prescribing outside the currently
19		accepted medical standards in the course of their
20		professional practice and send the identified prescriber
21		or dispenser a request for information regarding their
22		prescribing or dispensing practices. This request for
23		information shall be sent via certified mail, return
24		receipt requested. A prescriber or dispenser shall have 30
25		days to respond to the request for information.
26		(3) The Peer Review Committee shall refer a prescriber

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1		or a dispenser to the Department of Financial and
2		Professional Regulation in the following situations:
3		(i) if a prescriber or dispenser does not respond
4		to three successive requests for information;
5		(ii) in the opinion of a majority of members of the
6		Peer Review Committee, the prescriber or dispenser
7		does not have a satisfactory explanation for the
8		practices identified by the Peer Review Committee in
9		its request for information; or
10		(iii) following communications with the Peer
11		Review Committee, the prescriber or dispenser does not
12		sufficiently rectify the practices identified in the
13		request for information in the opinion of a majority
14		of the members of the Peer Review Committee.
15		(4) The Department of Financial and Professional
16		Regulation may initiate an investigation and discipline in
17		accordance with current laws and rules for any prescriber
18		or dispenser referred by the Peer Review Committee.
19		(5) The Peer Review Committee shall prepare an annual
20		report starting on July 1, 2017. This report shall contain
21		the following information: the number of times the Peer
22		Review Committee was convened; the number of prescribers
23		or dispensers who were reviewed by the Peer Review
24		Committee; the number of requests for information sent out
25		by the Peer Review Committee; and the number of
26		prescribers or dispensers referred to the Department of

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1		Financial and Professional Regulation. The annual report
2		shall be delivered electronically to the Department and to
3		the General Assembly. The report to the General Assembly
4		shall be filed with the Clerk of the House of
5		Representatives and the Secretary of the Senate in
6		electronic form only, in the manner that the Clerk and the
7		Secretary shall direct. The report prepared by the Peer
8		Review Committee shall not identify any prescriber,
9		dispenser, or patient.
10		(Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18;
11		100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff.
12		8-16-19.)
13		(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
14		Sec. 410. (a) Whenever any person who has not previously
15		been convicted of any felony offense under this Act or any law
16		of the United States or of any State relating to cannabis or
17		controlled substances, pleads guilty to or is found guilty of
18		possession of a controlled or counterfeit substance under
19		subsection (c) of Section 402 or of unauthorized possession of
20		prescription form under Section 406.2, the court, without
21		entering a judgment and with the consent of such person, may
22		sentence him or her to probation.
23		(b) When a person is placed on probation, the court shall
24		enter an order specifying a period of probation of 24 months
25		and shall defer further proceedings in the case until the

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1		conclusion of the period or until the filing of a petition
2		alleging violation of a term or condition of probation.
3		(c) The conditions of probation shall be that the person:
4		(1) not violate any criminal statute of any jurisdiction; (2)
5		refrain from possessing a firearm or other dangerous weapon;
6		(3) submit to periodic drug testing at a time and in a manner
7		as ordered by the court, but no less than 3 times during the
8		period of the probation, with the cost of the testing to be
9		paid by the probationer; and (4) perform no less than 30 hours
10		of community service, provided community service is available
11		in the jurisdiction and is funded and approved by the county
12		board. The court may give credit toward the fulfillment of
13		community service hours for participation in activities and
14		treatment as determined by court services.
15		(d) The court may, in addition to other conditions,
16		require that the person:
17		(1) make a report to and appear in person before or
18		participate with the court or such courts, person, or
19		social service agency as directed by the court in the
20		order of probation;
21		(2) pay a fine and costs;
22		(3) work or pursue a course of study or vocational
23		training;
24		(4) undergo medical or psychiatric treatment; or
25		treatment or rehabilitation approved by the Illinois
26		Department of Human Services;

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1		(5) attend or reside in a facility established for the
2		instruction or residence of defendants on probation;
3		(6) support his or her dependents;
4		(6-5) refrain from having in his or her body the
5		presence of any illicit drug prohibited by the Cannabis
6		Control Act, the Illinois Controlled Substances Act, or
7		the Methamphetamine Control and Community Protection Act,
8		unless prescribed by a physician, and submit samples of
9		his or her blood or urine or both for tests to determine
10		the presence of any illicit drug;
11		(7) and in addition, if a minor:
12		(i) reside with his or her parents or in a foster
13		home;
14		(ii) attend school;
15		(iii) attend a non-residential program for youth;
16		(iv) contribute to his or her own support at home
17		or in a foster home.
18		(e) Upon violation of a term or condition of probation,
19		the court may enter a judgment on its original finding of guilt
20		and proceed as otherwise provided.
21		(f) Upon fulfillment of the terms and conditions of
22		probation, the court shall discharge the person and dismiss
23		the proceedings against him or her.
24		(g) A disposition of probation is considered to be a
25		conviction for the purposes of imposing the conditions of
26		probation and for appeal, however, discharge and dismissal

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1		under this Section is not a conviction for purposes of this Act
2		or for purposes of disqualifications or disabilities imposed
3		by law upon conviction of a crime.
4		(h) A person may not have more than one discharge and
5		dismissal under this Section within a 4-year period.
6		(i) If a person is convicted of an offense under this Act,
7		the Cannabis Control Act, or the Methamphetamine Control and
8		Community Protection Act within 5 years subsequent to a
9		discharge and dismissal under this Section, the discharge and
10		dismissal under this Section shall be admissible in the
11		sentencing proceeding for that conviction as evidence in
12		aggravation.
13		(j) Notwithstanding subsection (a), before a person is
14		sentenced to probation under this Section, the court may refer
15		the person to the drug court established in that judicial
16		circuit pursuant to Section 15 of the Drug Court Treatment
17		Act. The drug court team shall evaluate the person's
18		likelihood of successfully completing a sentence of probation
19		under this Section and shall report the results of its
20		evaluation to the court. If the drug court team finds that the
21		person suffers from a substance use disorder abuse problem
22		that makes him or her substantially unlikely to successfully
23		complete a sentence of probation under this Section, then the
24		drug court shall set forth its findings in the form of a
25		written order, and the person shall not be sentenced to
26		probation under this Section, but shall be considered for the

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1		drug court program.
2		(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
3		100-575, eff. 1-8-18.)
4		(720 ILCS 570/411.2)
5		Sec. 411.2. Drug Treatment Fund; drug treatment grants.
6		(a) (Blank).
7		(b) (Blank).
8		(c) (Blank).
9		(d) (Blank).
10		(e) (Blank).
11		(f) (Blank).
12		(g) (Blank).
13		(h) The Drug Treatment Fund is hereby established as a
14		special fund within the State Treasury. The Department of
15		Human Services may make grants to persons licensed under
16		Section 15-10 of the Substance Use Disorder Act or to
17		municipalities or counties from funds appropriated to the
18		Department from the Drug Treatment Fund for the treatment of
19		pregnant women who have a substance use disorder are addicted
20		to alcohol, cannabis, or controlled substances and for the
21		needed care of minor, unemancipated children of women
22		undergoing residential drug treatment. If the Department of
23		Human Services grants funds to a municipality or a county that
24		the Department determines is not experiencing a healthcare
25		need of problem with pregnant women with a substance use

SB0647 Engrossed - 92 - LRB103 03100 RJT 48106 b
1		disorder addicted to alcohol, cannabis, or controlled
2		substances, or with care for minor, unemancipated children of
3		women undergoing residential drug treatment, or intervention,
4		the funds shall be used for the treatment of any person with a
5		substance use disorder addicted to alcohol, cannabis, or
6		controlled substances. The Department may adopt such rules as
7		it deems appropriate for the administration of such grants.
8		(i) (Blank).
9		(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19;
10		101-81, eff. 7-12-19.)
11		(720 ILCS 570/413) (from Ch. 56 1/2, par. 1413)
12		Sec. 413. (a) Twelve and one-half percent of all amounts
13		collected as fines pursuant to the provisions of this Article
14		shall be paid into the Youth Drug Abuse Prevention Fund, which
15		is hereby created in the State treasury, to be used by the
16		Department for the funding of programs and services for
17		substance use disorder drug-abuse treatment, and prevention
18		and education services, for juveniles.
19		(b) Eighty-seven and one-half percent of the proceeds of
20		all fines received under the provisions of this Article shall
21		be transmitted to and deposited in the treasurer's office at
22		the level of government as follows:
23		(1) If such seizure was made by a combination of law
24		enforcement personnel representing differing units of
25		local government, the court levying the fine shall

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1		equitably allocate 50% of the fine among these units of
2		local government and shall allocate 37 1/2% to the county
3		general corporate fund. In the event that the seizure was
4		made by law enforcement personnel representing a unit of
5		local government from a municipality where the number of
6		inhabitants exceeds 2 million in population, the court
7		levying the fine shall allocate 87 1/2% of the fine to that
8		unit of local government. If the seizure was made by a
9		combination of law enforcement personnel representing
10		differing units of local government, and at least one of
11		those units represents a municipality where the number of
12		inhabitants exceeds 2 million in population, the court
13		shall equitably allocate 87 1/2% of the proceeds of the
14		fines received among the differing units of local
15		government.
16		(2) If such seizure was made by State law enforcement
17		personnel, then the court shall allocate 37 1/2% to the
18		State treasury and 50% to the county general corporate
19		fund.
20		(3) If a State law enforcement agency in combination
21		with a law enforcement agency or agencies of a unit or
22		units of local government conducted the seizure, the court
23		shall equitably allocate 37 1/2% of the fines to or among
24		the law enforcement agency or agencies of the unit or
25		units of local government which conducted the seizure and
26		shall allocate 50% to the county general corporate fund.

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1		(c) The proceeds of all fines allocated to the law
2		enforcement agency or agencies of the unit or units of local
3		government pursuant to subsection (b) shall be made available
4		to that law enforcement agency as expendable receipts for use
5		in the enforcement of laws regulating cannabis,
6		methamphetamine, and other controlled substances. The proceeds
7		of fines awarded to the State treasury shall be deposited in a
8		special fund known as the Drug Traffic Prevention Fund, except
9		that amounts distributed to the Secretary of State shall be
10		deposited into the Secretary of State Evidence Fund to be used
11		as provided in Section 2-115 of the Illinois Vehicle Code.
12		Monies from this fund may be used by the Illinois State Police
13		or use in the enforcement of laws regulating cannabis,
14		methamphetamine, and other controlled substances; to satisfy
15		funding provisions of the Intergovernmental Drug Laws
16		Enforcement Act; to defray costs and expenses associated with
17		returning violators of the Cannabis Control Act and this Act
18		only, as provided in those Acts, when punishment of the crime
19		shall be confinement of the criminal in the penitentiary; and
20		all other monies shall be paid into the general revenue fund in
21		the State treasury.
22		(Source: P.A. 97-334, eff. 1-1-12.)
23		(720 ILCS 570/504) (from Ch. 56 1/2, par. 1504)
24		Sec. 504. (a) The Director and the Secretary of the
25		Department of Financial and Professional Regulation shall each

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1		cooperate with Federal agencies and other State agencies in
2		discharging his or her responsibilities concerning traffic in
3		controlled substances and in suppressing the misuse and abuse
4		of controlled substances. To this end he or she may:
5		(1) arrange for the exchange of information among
6		governmental officials concerning the use and misuse ,
7		misuse and abuse of controlled substances;
8		(2) coordinate and cooperate in training programs
9		concerning controlled substance law enforcement at local
10		and State levels;
11		(3) cooperate with the federal Drug Enforcement
12		Administration or its successor agency; and
13		(4) conduct programs of eradication aimed at
14		destroying wild illicit growth of plant species from which
15		controlled substances may be extracted.
16		(b) Results, information, and evidence received from the
17		Drug Enforcement Administration relating to the regulatory
18		functions of this Act, including results of inspections
19		conducted by it may be relied and acted upon by the Director
20		and the Secretary of the Department of Financial and
21		Professional Regulation in the exercise of their regulatory
22		functions under this Act.
23		(Source: P.A. 97-334, eff. 1-1-12.)
24		(720 ILCS 570/508) (from Ch. 56 1/2, par. 1508)
25		Sec. 508. (a) The Department shall encourage research on

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1		controlled substances. In connection with the research, and in
2		furtherance of the purposes of this Act, the Department may:
3		(1) establish methods to assess accurately the effect
4		of controlled substances and identify and characterize
5		those with potential for misuse abuse;
6		(2) make studies and undertake programs of research
7		to:
8		(i) develop new or improved approaches,
9		techniques, systems, equipment and devices to
10		strengthen the enforcement of this Act;
11		(ii) determine patterns of use and misuse , misuse,
12		and abuse of controlled substances and their social
13		effects; and
14		(iii) improve methods for preventing, predicting,
15		understanding, and dealing with the use and misuse ,
16		misuse and abuse of controlled substances; and
17		(3) enter into contracts with public agencies,
18		educational institutions, and private organizations or
19		individuals for the purpose of conducting research,
20		demonstrations, or special projects which relate to the
21		use and misuse , misuse and abuse of controlled substances.
22		(b) Persons authorized to engage in research may be
23		authorized by the Department to protect the privacy of
24		individuals who are the subjects of such research by
25		withholding from all persons not connected with the conduct of
26		the research the names and other identifying characteristics

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1		of such individuals. Persons who are given this authorization
2		shall not be compelled in any civil, criminal, administrative,
3		legislative or other proceeding to identify the individuals
4		who are the subjects of research for which the authorization
5		was granted, except to the extent necessary to permit the
6		Department to determine whether the research is being
7		conducted in accordance with the authorization.
8		(c) The Department may authorize the possession and
9		dispensing of controlled substances by persons engaged in
10		research, upon such terms and conditions as may be consistent
11		with the public health and safety. The Department may also
12		approve research and treatment programs involving the
13		administration of Methadone. The use of Methadone, or any
14		similar controlled substance by any person is prohibited in
15		this State except as approved and authorized by the Department
16		in accordance with its rules and regulations. To the extent of
17		the applicable authorization, persons are exempt from
18		prosecution in this State for possession, manufacture or
19		delivery of controlled substances.
20		(d) Practitioners registered under Federal law to conduct
21		research with Schedule I substances may conduct research with
22		Schedule I substances within this State upon furnishing
23		evidence of that Federal registration and notification of the
24		scope and purpose of such research to the Department.
25		(Source: P.A. 96-328, eff. 8-11-09.)

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1		(720 ILCS 570/509) (from Ch. 56 1/2, par. 1509)
2		Sec. 509. Whenever any court in this State grants
3		probation to any person that the court has reason to believe is
4		or has a substance use disorder been an addict or unlawful
5		possessor of controlled substances, the court shall require,
6		as a condition of probation, that the probationer submit to
7		periodic tests by the Department of Corrections to determine
8		by means of appropriate chemical detection tests whether the
9		probationer is using controlled substances. The court may
10		require as a condition of probation that the probationer enter
11		an approved treatment program, if the court determines that
12		the probationer has a substance use disorder of is addicted to
13		a controlled substance. Whenever the Prisoner Review Board
14		grants parole or the Department of Juvenile Justice grants
15		aftercare release to a person believed to have been an
16		unlawful possessor or person with a substance use disorder
17		addict of controlled substances, the Board or Department shall
18		require as a condition of parole or aftercare release that the
19		parolee or aftercare releasee submit to appropriate periodic
20		chemical tests by the Department of Corrections or the
21		Department of Juvenile Justice to determine whether the
22		parolee or aftercare releasee is using controlled substances.
23		(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)