Sen. Kwame Raoul
Filed: 4/16/2015
 
 


 




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1
AMENDMENT TO SENATE BILL 206 




2 AMENDMENT NO. ______. Amend Senate Bill 206 by replacing 
3everything after the enacting clause with the following:


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

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


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


16 (b) "Administer" means the direct application of a 
 
 
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1controlled
substance, whether by injection, inhalation, 
2ingestion, or any other
means, to the body of a patient, 
3research subject, or animal (as
defined by the Humane 
4Euthanasia in Animal Shelters Act) by:


5  (1) a practitioner (or, in his or her presence, by his 
6 or her authorized agent),


7  (2) the patient or research subject pursuant to an 
8 order, or


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


11 (c) "Agent" means an authorized person who acts on behalf 
12of or at
the direction of a manufacturer, distributor, 
13dispenser, prescriber, or practitioner. It does not
include a 
14common or contract carrier, public warehouseman or employee of

15the carrier or warehouseman.


16 (c-1) "Anabolic Steroids" means any drug or hormonal 
17substance,
chemically and pharmacologically related to 
18testosterone (other than
estrogens, progestins, 
19corticosteroids, and dehydroepiandrosterone),
and includes:


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

16 Any person who is otherwise lawfully in possession of an 
17anabolic
steroid, or who otherwise lawfully manufactures, 
18distributes, dispenses,
delivers, or possesses with intent to 
19deliver an anabolic steroid, which
anabolic steroid is 
20expressly intended for and lawfully allowed to be
administered 
21through implants to livestock or other nonhuman species, and

22which is approved by the Secretary of Health and Human Services 
23for such
administration, and which the person intends to 
24administer or have
administered through such implants, shall 
25not be considered to be in
unauthorized possession or to 
26unlawfully manufacture, distribute, dispense,
deliver, or 
 
 
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1possess with intent to deliver such anabolic steroid for

2purposes of this Act.


3 (d) "Administration" means the Drug Enforcement 
4Administration,
United States Department of Justice, or its 
5successor agency.


6 (d-5) "Clinical Director, Prescription Monitoring Program" 
7means a Department of Human Services administrative employee 
8licensed to either prescribe or dispense controlled substances 
9who shall run the clinical aspects of the Department of Human 
10Services Prescription Monitoring Program and its Prescription 
11Information Library.
12 (d-10) "Compounding" means the preparation and mixing of 
13components, excluding flavorings, (1) as the result of a 
14prescriber's prescription drug order or initiative based on the 
15prescriber-patient-pharmacist relationship in the course of 
16professional practice or (2) for the purpose of, or incident 
17to, research, teaching, or chemical analysis and not for sale 
18or dispensing. "Compounding" includes the preparation of drugs 
19or devices in anticipation of receiving prescription drug 
20orders based on routine, regularly observed dispensing 
21patterns. Commercially available products may be compounded 
22for dispensing to individual patients only if both of the 
23following conditions are met: (i) the commercial product is not 
24reasonably available from normal distribution channels in a 
25timely manner to meet the patient's needs and (ii) the 
26prescribing practitioner has requested that the drug be 
 
 
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1compounded. 
2 (e) "Control" means to add a drug or other substance, or 
3immediate
precursor, to a Schedule whether by
transfer from 
4another Schedule or otherwise.


5 (f) "Controlled Substance" means (i) a drug, substance, or 
6immediate
precursor, synthetic drug, or class of synthetic drug 
7in the Schedules of Article II of this Act or (ii) a drug or 
8other substance, or immediate precursor, synthetic drug, or 
9class of synthetic drug designated as a controlled substance by 
10the Department through administrative rule. The term does not 
11include distilled spirits, wine, malt beverages, or tobacco, as 
12those terms are
defined or used in the Liquor Control Act of 
131934 and the Tobacco Products Tax
Act of 1995.


14 (f-5) "Controlled substance analog" means a substance:
15  (1) the chemical structure of which is substantially 
16 similar to the chemical structure of a controlled substance 
17 in Schedule I or II;
18  (2) which has a stimulant, depressant, or 
19 hallucinogenic effect on the central nervous system that is 
20 substantially similar to or greater than the stimulant, 
21 depressant, or hallucinogenic effect on the central 
22 nervous system of a controlled substance in Schedule I or 
23 II; or
24  (3) with respect to a particular person, which such 
25 person represents or intends to have a stimulant, 
26 depressant, or hallucinogenic effect on the central 
 
 
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1 nervous system that is substantially similar to or greater 
2 than the stimulant, depressant, or hallucinogenic effect 
3 on the central nervous system of a controlled substance in 
4 Schedule I or II. 
5 (g) "Counterfeit substance" means a controlled substance, 
6which, or
the container or labeling of which, without 
7authorization bears the
trademark, trade name, or other 
8identifying mark, imprint, number or
device, or any likeness 
9thereof, of a manufacturer, distributor, or
dispenser other 
10than the person who in fact manufactured, distributed,
or 
11dispensed the substance.


12 (h) "Deliver" or "delivery" means the actual, constructive 
13or
attempted transfer of possession of a controlled substance, 
14with or
without consideration, whether or not there is an 
15agency relationship.


16 (i) "Department" means the Illinois Department of Human 
17Services (as
successor to the Department of Alcoholism and 
18Substance Abuse) or its successor agency.


19 (j) (Blank).


20 (k) "Department of Corrections" means the Department of 
21Corrections
of the State of Illinois or its successor agency.


22 (l) "Department of Financial and Professional Regulation" 
23means the Department
of Financial and Professional Regulation 
24of the State of Illinois or its successor agency.


25 (m) "Depressant" means any drug that (i) causes an overall 
26depression of central nervous system functions, (ii) causes 
 
 
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1impaired consciousness and awareness, and (iii) can be 
2habit-forming or lead to a substance abuse problem, including 
3but not limited to alcohol, cannabis and its active principles 
4and their analogs, benzodiazepines and their analogs, 
5barbiturates and their analogs, opioids (natural and 
6synthetic) and their analogs, and chloral hydrate and similar 
7sedative hypnotics.


8 (n) (Blank).


9 (o) "Director" means the Director of the Illinois State 
10Police or his or her designated agents.


11 (p) "Dispense" means to deliver a controlled substance to 
12an
ultimate user or research subject by or pursuant to the 
13lawful order of
a prescriber, including the prescribing, 
14administering, packaging,
labeling, or compounding necessary 
15to prepare the substance for that
delivery.


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


17 (r) "Distribute" means to deliver, other than by 
18administering or
dispensing, a controlled substance.


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


20 (t) "Drug" means (1) substances recognized as drugs in the 
21official
United States Pharmacopoeia, Official Homeopathic 
22Pharmacopoeia of the
United States, or official National 
23Formulary, or any supplement to any
of them; (2) substances 
24intended for use in diagnosis, cure, mitigation,
treatment, or 
25prevention of disease in man or animals; (3) substances
(other 
26than food) intended to affect the structure of any function of

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


5 (t-5) "Euthanasia agency" means
an entity certified by the 
6Department of Financial and Professional Regulation for the

7purpose of animal euthanasia that holds an animal control 
8facility license or
animal
shelter license under the Animal 
9Welfare Act. A euthanasia agency is
authorized to purchase, 
10store, possess, and utilize Schedule II nonnarcotic and

11Schedule III nonnarcotic drugs for the sole purpose of animal 
12euthanasia.


13 (t-10) "Euthanasia drugs" means Schedule II or Schedule III 
14substances
(nonnarcotic controlled substances) that are used 
15by a euthanasia agency for
the purpose of animal euthanasia.


16 (u) "Good faith" means the prescribing or dispensing of a 
17controlled
substance by a practitioner in the regular course of 
18professional
treatment to or for any person who is under his or 
19her treatment for a
pathology or condition other than that 
20individual's physical or
psychological dependence upon or 
21addiction to a controlled substance,
except as provided herein: 
22and application of the term to a pharmacist
shall mean the 
23dispensing of a controlled substance pursuant to the

24prescriber's order which in the professional judgment of the 
25pharmacist
is lawful. The pharmacist shall be guided by 
26accepted professional
standards including, but not limited to 
 
 
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1the following, in making the
judgment:


2  (1) lack of consistency of prescriber-patient 
3 relationship,


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


6  (3) quantities beyond those normally prescribed,


7  (4) unusual dosages (recognizing that there may be 
8 clinical circumstances where more or less than the usual 
9 dose may be used legitimately),


10  (5) unusual geographic distances between patient, 
11 pharmacist and
prescriber,


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


13 (u-0.5) "Hallucinogen" means a drug that causes markedly 
14altered sensory perception leading to hallucinations of any 
15type. 
16 (u-1) "Home infusion services" means services provided by a 
17pharmacy in
compounding solutions for direct administration to 
18a patient in a private
residence, long-term care facility, or 
19hospice setting by means of parenteral,
intravenous, 
20intramuscular, subcutaneous, or intraspinal infusion.


21 (u-5) "Illinois State Police" means the State
Police of the 
22State of Illinois, or its successor agency. 
23 (v) "Immediate precursor" means a substance:


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


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


5  (3) the control of which is necessary to prevent, 
6 curtail or limit
the manufacture of such controlled 
7 substance.


8 (w) "Instructional activities" means the acts of teaching, 
9educating
or instructing by practitioners using controlled 
10substances within
educational facilities approved by the State 
11Board of Education or
its successor agency.


12 (x) "Local authorities" means a duly organized State, 
13County or
Municipal peace unit or police force.


14 (y) "Look-alike substance" means a substance, other than a 
15controlled
substance which (1) by overall dosage unit 
16appearance, including shape,
color, size, markings or lack 
17thereof, taste, consistency, or any other
identifying physical 
18characteristic of the substance, would lead a reasonable
person 
19to believe that the substance is a controlled substance, or (2) 
20is
expressly or impliedly represented to be a controlled 
21substance or is
distributed under circumstances which would 
22lead a reasonable person to
believe that the substance is a 
23controlled substance. For the purpose of
determining whether 
24the representations made or the circumstances of the

25distribution would lead a reasonable person to believe the 
26substance to be
a controlled substance under this clause (2) of 
 
 
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1subsection (y), the court or
other authority may consider the 
2following factors in addition to any other
factor that may be 
3relevant:


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


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


8  (c) whether the substance is packaged in a manner 
9 normally used for the
illegal distribution of controlled 
10 substances;


11  (d) whether the distribution or attempted distribution 
12 included an
exchange of or demand for money or other 
13 property as consideration, and
whether the amount of the 
14 consideration was substantially greater than the

15 reasonable retail market value of the substance.


16 Clause (1) of this subsection (y) shall not apply to a 
17noncontrolled
substance in its finished dosage form that was 
18initially introduced into
commerce prior to the initial 
19introduction into commerce of a controlled
substance in its 
20finished dosage form which it may substantially resemble.


21 Nothing in this subsection (y) prohibits the dispensing or 
22distributing
of noncontrolled substances by persons authorized 
23to dispense and
distribute controlled substances under this 
24Act, provided that such action
would be deemed to be carried 
25out in good faith under subsection (u) if the
substances 
26involved were controlled substances.


 
 
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1 Nothing in this subsection (y) or in this Act prohibits the 
2manufacture,
preparation, propagation, compounding, 
3processing, packaging, advertising
or distribution of a drug or 
4drugs by any person registered pursuant to
Section 510 of the 
5Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).


6 (y-1) "Mail-order pharmacy" means a pharmacy that is 
7located in a state
of the United States that delivers, 
8dispenses or
distributes, through the United States Postal 
9Service or other common
carrier, to Illinois residents, any 
10substance which requires a prescription.


11 (z) "Manufacture" means the production, preparation, 
12propagation,
compounding, conversion or processing of a 
13controlled substance other than methamphetamine, either

14directly or indirectly, by extraction from substances of 
15natural origin,
or independently by means of chemical 
16synthesis, or by a combination of
extraction and chemical 
17synthesis, and includes any packaging or
repackaging of the 
18substance or labeling of its container, except that
this term 
19does not include:


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


22  (2) by a practitioner, or his or her authorized agent 
23 under his or her
supervision, the preparation, 
24 compounding, packaging, or labeling of a
controlled 
25 substance:


26   (a) as an incident to his or her administering or 
 
 
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1 dispensing of a
controlled substance in the course of 
2 his or her professional practice; or


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


5 (z-1) (Blank).


6 (z-5) "Medication shopping" means the conduct prohibited 
7under subsection (a) of Section 314.5 of this Act.
8 (z-10) "Mid-level practitioner" means (i) a physician 
9assistant who has been delegated authority to prescribe through 
10a written delegation of authority by a physician licensed to 
11practice medicine in all of its branches, in accordance with 
12Section 7.5 of the Physician Assistant Practice Act of 1987, 
13(ii) an advanced practice nurse who has been delegated 
14authority to prescribe through a written delegation of 
15authority by a physician licensed to practice medicine in all 
16of its branches or by a podiatric physician, in accordance with 
17Section 65-40 of the Nurse Practice Act, (iii) an animal 
18euthanasia agency, or (iv) a prescribing psychologist. 
19 (aa) "Narcotic drug" means any of the following, whether 
20produced
directly or indirectly by extraction from substances 
21of vegetable origin,
or independently by means of chemical 
22synthesis, or by a combination of
extraction and chemical 
23synthesis:


24  (1) opium, opiates, derivatives of opium and opiates, 
25 including their isomers, esters, ethers, salts, and salts 
26 of isomers, esters, and ethers, whenever the existence of 
 
 
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1 such isomers, esters, ethers, and salts is possible within 
2 the specific chemical designation; however the term 
3 "narcotic drug" does not include the isoquinoline 
4 alkaloids of opium;


5  (2) (blank);


6  (3) opium poppy and poppy straw;


7  (4) coca leaves, except coca leaves and extracts of 
8 coca leaves from which substantially all of the cocaine and 
9 ecgonine, and their isomers, derivatives and salts, have 
10 been removed;


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

19Nurse Practice Act.


20 (cc) (Blank).


21 (dd) "Opiate" means any substance having an addiction 
22forming or
addiction sustaining liability similar to morphine 
23or being capable of
conversion into a drug having addiction 
24forming or addiction sustaining
liability.


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

26somniferum L., except its seeds.


 
 
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1 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or 
2solution or other liquid form of medication intended for 
3administration by mouth, but the term does not include a form 
4of medication intended for buccal, sublingual, or transmucosal 
5administration. 
6 (ff) "Parole and Pardon Board" means the Parole and Pardon 
7Board of
the State of Illinois or its successor agency.


8 (gg) "Person" means any individual, corporation, 
9mail-order pharmacy,
government or governmental subdivision or 
10agency, business trust, estate,
trust, partnership or 
11association, or any other entity.


12 (hh) "Pharmacist" means any person who holds a license or 
13certificate of
registration as a registered pharmacist, a local 
14registered pharmacist
or a registered assistant pharmacist 
15under the Pharmacy Practice Act.


16 (ii) "Pharmacy" means any store, ship or other place in 
17which
pharmacy is authorized to be practiced under the Pharmacy 
18Practice Act.


19 (ii-5) "Pharmacy shopping" means the conduct prohibited 
20under subsection (b) of Section 314.5 of this Act.
21 (ii-10) "Physician" (except when the context otherwise 
22requires) means a person licensed to practice medicine in all 
23of its branches. 
24 (jj) "Poppy straw" means all parts, except the seeds, of 
25the opium
poppy, after mowing.


26 (kk) "Practitioner" means a physician licensed to practice 
 
 
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1medicine in all
its branches, dentist, optometrist, podiatric 
2physician,
veterinarian, scientific investigator, pharmacist, 
3physician assistant,
advanced practice nurse,
licensed 
4practical
nurse, registered nurse, hospital, laboratory, or 
5pharmacy, or other
person licensed, registered, or otherwise 
6lawfully permitted by the
United States or this State to 
7distribute, dispense, conduct research
with respect to, 
8administer or use in teaching or chemical analysis, a

9controlled substance in the course of professional practice or 
10research.


11 (ll) "Pre-printed prescription" means a written 
12prescription upon which
the designated drug has been indicated 
13prior to the time of issuance; the term does not mean a written 
14prescription that is individually generated by machine or 
15computer in the prescriber's office.


16 (mm) "Prescriber" means a physician licensed to practice 
17medicine in all
its branches, dentist, optometrist, 
18prescribing psychologist licensed under Section 4.2 of the 
19Clinical Psychologist Licensing Act with prescriptive 
20authority delegated under Section 4.3 of the Clinical 
21Psychologist Licensing Act, podiatric physician, or

22veterinarian who issues a prescription, a physician assistant 
23who
issues a
prescription for a controlled substance
in 
24accordance
with Section 303.05, a written delegation, and a 
25written supervision agreement required under Section 7.5
of the

26Physician Assistant Practice Act of 1987, or an advanced 
 
 
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1practice
nurse with prescriptive authority delegated under 
2Section 65-40 of the Nurse Practice Act and in accordance with 
3Section 303.05, a written delegation,
and a written

4collaborative agreement under Section 65-35 of the Nurse 
5Practice Act.


6 (nn) "Prescription" means a written, facsimile, or oral 
7order, or an electronic order that complies with applicable 
8federal requirements,
of
a physician licensed to practice 
9medicine in all its branches,
dentist, podiatric physician or 
10veterinarian for any controlled
substance, of an optometrist 
11for a Schedule II, III, IV, or V controlled substance in 
12accordance with Section 15.1 of the Illinois Optometric 
13Practice Act of 1987, of a prescribing psychologist licensed 
14under Section 4.2 of the Clinical Psychologist Licensing Act 
15with prescriptive authority delegated under Section 4.3 of the 
16Clinical Psychologist Licensing Act, of a physician assistant 
17for a
controlled substance
in accordance with Section 303.05, a 
18written delegation, and a written supervision agreement 
19required under
Section 7.5 of the
Physician Assistant Practice 
20Act of 1987, or of an advanced practice
nurse with prescriptive 
21authority delegated under Section 65-40 of the Nurse Practice 
22Act who issues a prescription for a
controlled substance in 
23accordance
with
Section 303.05, a written delegation, and a 
24written collaborative agreement under Section 65-35 of the 
25Nurse Practice Act when required by law.


26 (nn-5) "Prescription Information Library" (PIL) means an 
 
 
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1electronic library that contains reported controlled substance 
2data.
3 (nn-10) "Prescription Monitoring Program" (PMP) means the 
4entity that collects, tracks, and stores reported data on 
5controlled substances and select drugs pursuant to Section 316. 
6 (oo) "Production" or "produce" means manufacture, 
7planting,
cultivating, growing, or harvesting of a controlled 
8substance other than methamphetamine.


9 (pp) "Registrant" means every person who is required to 
10register
under Section 302 of this Act.


11 (qq) "Registry number" means the number assigned to each 
12person
authorized to handle controlled substances under the 
13laws of the United
States and of this State.


14 (qq-5) "Secretary" means, as the context requires, either 
15the Secretary of the Department or the Secretary of the 
16Department of Financial and Professional Regulation, and the 
17Secretary's designated agents. 
18 (rr) "State" includes the State of Illinois and any state, 
19district,
commonwealth, territory, insular possession thereof, 
20and any area
subject to the legal authority of the United 
21States of America.


22 (rr-5) "Stimulant" means any drug that (i) causes an 
23overall excitation of central nervous system functions, (ii) 
24causes impaired consciousness and awareness, and (iii) can be 
25habit-forming or lead to a substance abuse problem, including 
26but not limited to amphetamines and their analogs, 
 
 
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1methylphenidate and its analogs, cocaine, and phencyclidine 
2and its analogs. 
3 (rr-10) "Synthetic drug" includes, but is not limited to, 
4any synthetic cannabinoids, piperazines, or cathinones, 
5identified either by a specific chemical configuration or as 
6belonging to a specific structural class, as provided for in 
7the Schedules of Article II of this Act or designated as a 
8controlled substance by the Department through administrative 
9rule. 
10 (ss) "Ultimate user" means a person who lawfully possesses 
11a
controlled substance for his or her own use or for the use of 
12a member of his or her
household or for administering to an 
13animal owned by him or her or by a member
of his or her 
14household.


15(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668, 
16eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 
17revised 10-1-14.)


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