(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) Sec. 102. Definitions. As used in this Act, unless the context
otherwise requires:
(a) "Addict" means any person who habitually uses any drug, chemical,
substance or dangerous drug other than alcohol so as to endanger the public
morals, health, safety or welfare or who is so far addicted to the use of a
dangerous drug or controlled substance other than alcohol as to have lost
the power of self control with reference to his addiction.
(b) "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any other
means, to the body of a patient, research subject, or animal (as
defined by the Humane Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his presence, by his
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(2) the patient or research subject at the lawful
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direction of the practitioner, or
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(3) a euthanasia technician as defined by the Humane
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Euthanasia in Animal Shelters Act.
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(c) "Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor, or dispenser. It does not
include a common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
(c‑1) "Anabolic Steroids" means any drug or hormonal substance,
chemically and pharmacologically related to testosterone (other than
estrogens, progestins, and corticosteroids) that promotes muscle growth,
and includes:
(i) boldenone,
(ii) chlorotestosterone,
(iii) chostebol,
(iv) dehydrochlormethyltestosterone,
(v) dihydrotestosterone,
(vi) drostanolone,
(vii) ethylestrenol,
(viii) fluoxymesterone,
(ix) formebulone,
(x) mesterolone,
(xi) methandienone,
(xii) methandranone,
(xiii) methandriol,
(xiv) methandrostenolone,
(xv) methenolone,
(xvi) methyltestosterone,
(xvii) mibolerone,
(xviii) nandrolone,
(xix) norethandrolone,
(xx) oxandrolone,
(xxi) oxymesterone,
(xxii) oxymetholone,
(xxiii) stanolone,
(xxiv) stanozolol,
(xxv) testolactone,
(xxvi) testosterone,
(xxvii) trenbolone, and
(xxviii) any salt, ester, or isomer of a drug or
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substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth.
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Any person who is otherwise lawfully in possession of an anabolic
steroid, or who otherwise lawfully manufactures, distributes, dispenses,
delivers, or possesses with intent to deliver an anabolic steroid, which
anabolic steroid is expressly intended for and lawfully allowed to be
administered through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human Services for such
administration, and which the person intends to administer or have
administered through such implants, shall not be considered to be in
unauthorized possession or to unlawfully manufacture, distribute, dispense,
deliver, or possess with intent to deliver such anabolic steroid for
purposes of this Act.
(d) "Administration" means the Drug Enforcement Administration,
United States Department of Justice, or its successor agency.
(e) "Control" means to add a drug or other substance, or immediate
precursor, to a Schedule under Article II of this Act whether by
transfer from another Schedule or otherwise.
(f) "Controlled Substance" means a drug, substance, or immediate
precursor in the Schedules of Article II of this Act.
(g) "Counterfeit substance" means a controlled substance, which, or
the container or labeling of which, without authorization bears the
trademark, trade name, or other identifying mark, imprint, number or
device, or any likeness thereof, of a manufacturer, distributor, or
dispenser other than the person who in fact manufactured, distributed,
or dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive or
attempted transfer of possession of a controlled substance, with or
without consideration, whether or not there is an agency relationship.
(i) "Department" means the Illinois Department of Human Services (as
successor to the Department of Alcoholism and Substance Abuse) or its successor agency.
(j) "Department of State Police" means the Department of State
Police of the State of Illinois or its successor agency.
(k) "Department of Corrections" means the Department of Corrections
of the State of Illinois or its successor agency.
(l) "Department of Professional Regulation" means the Department
of Professional Regulation of the State of Illinois or its successor agency.
(m) "Depressant" or "stimulant substance" means:
(1) a drug which contains any quantity of (i)
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barbituric acid or any of the salts of barbituric acid which has been designated as habit forming under section 502 (d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352 (d)); or
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(2) a drug which contains any quantity of (i)
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amphetamine or methamphetamine and any of their optical isomers; (ii) any salt of amphetamine or methamphetamine or any salt of an optical isomer of amphetamine; or (iii) any substance which the Department, after investigation, has found to be, and by rule designated as, habit forming because of its depressant or stimulant effect on the central nervous system; or
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(3) lysergic acid diethylamide; or
(4) any drug which contains any quantity of a
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substance which the Department, after investigation, has found to have, and by rule designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect.
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(n) (Blank).
(o) "Director" means the Director of the Department of State Police or
the Department of Professional Regulation or his designated agents.
(p) "Dispense" means to deliver a controlled substance to an
ultimate user or research subject by or pursuant to the lawful order of
a prescriber, including the prescribing, administering, packaging,
labeling, or compounding necessary to prepare the substance for that
delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by administering or
dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the official
United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the
United States, or official National Formulary, or any supplement to any
of them; (2) substances intended for use in diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; (3) substances
(other than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use as a
component of any article specified in clause (1), (2), or (3) of this
subsection. It does not include devices or their components, parts, or
accessories.
(t‑5) "Euthanasia agency" means
an entity certified by the Department of Professional Regulation for the
purpose of animal euthanasia that holds an animal control facility license or
animal
shelter license under the Animal Welfare Act. A euthanasia agency is
authorized to purchase, store, possess, and utilize Schedule II nonnarcotic and
Schedule III nonnarcotic drugs for the sole purpose of animal euthanasia.
(t‑10) "Euthanasia drugs" means Schedule II or Schedule III substances
(nonnarcotic controlled substances) that are used by a euthanasia agency for
the purpose of animal euthanasia.
(u) "Good faith" means the prescribing or dispensing of a controlled
substance by a practitioner in the regular course of professional
treatment to or for any person who is under his treatment for a
pathology or condition other than that individual's physical or
psychological dependence upon or addiction to a controlled substance,
except as provided herein: and application of the term to a pharmacist
shall mean the dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the pharmacist
is lawful. The pharmacist shall be guided by accepted professional
standards including, but not limited to the following, in making the
judgment:
(1) lack of consistency of doctor‑patient
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(2) frequency of prescriptions for same drug by one
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prescriber for large numbers of patients,
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(3) quantities beyond those normally prescribed,
(4) unusual dosages,
(5) unusual geographic distances between patient,
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pharmacist and prescriber,
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(6) consistent prescribing of habit‑forming drugs.
(u‑1) "Home infusion services" means services provided by a pharmacy in
compounding solutions for direct administration to a patient in a private
residence, long‑term care facility, or hospice setting by means of parenteral,
intravenous, intramuscular, subcutaneous, or intraspinal infusion.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
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designated as being a principal compound used, or produced primarily for use, in the manufacture of a controlled substance;
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(2) which is an immediate chemical intermediary used
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or likely to be used in the manufacture of such controlled substance; and
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(3) the control of which is necessary to prevent,
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curtail or limit the manufacture of such controlled substance.
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(w) "Instructional activities" means the acts of teaching, educating
or instructing by practitioners using controlled substances within
educational facilities approved by the State Board of Education or
its successor agency.
(x) "Local authorities" means a duly organized State, County or
Municipal peace unit or police force.
(y) "Look‑alike substance" means a substance, other than a controlled
substance which (1) by overall dosage unit appearance, including shape,
color, size, markings or lack thereof, taste, consistency, or any other
identifying physical characteristic of the substance, would lead a reasonable
person to believe that the substance is a controlled substance, or (2) is
expressly or impliedly represented to be a controlled substance or is
distributed under circumstances which would lead a reasonable person to
believe that the substance is a controlled substance. For the purpose of
determining whether the representations made or the circumstances of the
distribution would lead a reasonable person to believe the substance to be
a controlled substance under this clause (2) of subsection (y), the court or
other authority may consider the following factors in addition to any other
factor that may be relevant:
(a) statements made by the owner or person in control
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of the substance concerning its nature, use or effect;
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(b) statements made to the buyer or recipient that
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the substance may be resold for profit;
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(c) whether the substance is packaged in a manner
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normally used for the illegal distribution of controlled substances;
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(d) whether the distribution or attempted
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distribution included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance.
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Clause (1) of this subsection (y) shall not apply to a noncontrolled
substance in its finished dosage form that was initially introduced into
commerce prior to the initial introduction into commerce of a controlled
substance in its finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or distributing
of noncontrolled substances by persons authorized to dispense and
distribute controlled substances under this Act, provided that such action
would be deemed to be carried out in good faith under subsection (u) if the
substances involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits the manufacture,
preparation, propagation, compounding, processing, packaging, advertising
or distribution of a drug or drugs by any person registered pursuant to
Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y‑1) "Mail‑order pharmacy" means a pharmacy that is located in a state
of the United States, other than Illinois, that delivers, dispenses or
distributes, through the United States Postal Service or other common
carrier, to Illinois residents, any substance which requires a prescription.
(z) "Manufacture" means the production, preparation, propagation,
compounding, conversion or processing of a controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of natural origin,
or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis, and includes any packaging or
repackaging of the substance or labeling of its container, except that
this term does not include:
(1) by an ultimate user, the preparation or
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compounding of a controlled substance for his own use; or
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(2) by a practitioner, or his authorized agent under
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his supervision, the preparation, compounding, packaging, or labeling of a controlled substance:
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(a) as an incident to his administering or
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dispensing of a controlled substance in the course of his professional practice; or
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(b) as an incident to lawful research, teaching
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or chemical analysis and not for sale.
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(z‑1) (Blank).
(aa) "Narcotic drug" means any of the following, whether produced
directly or indirectly by extraction from substances of natural origin,
or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis:
(1) opium and opiate, and any salt, compound,
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derivative, or preparation of opium or opiate;
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(2) any salt, compound, isomer, derivative, or
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preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (1), but not including the isoquinoline alkaloids of opium;
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(3) opium poppy and poppy straw;
(4) coca leaves and any salts, compound, isomer, salt
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of an isomer, derivative, or preparation of coca leaves including cocaine or ecgonine, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine (for the purpose of this paragraph, the term "isomer" includes optical, positional and geometric isomers).
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(bb) "Nurse" means a registered nurse licensed under the
Nursing and Advanced Practice Nursing Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction forming or
addiction sustaining liability similar to morphine or being capable of
conversion into a drug having addiction forming or addiction sustaining
liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ff) "Parole and Pardon Board" means the Parole and Pardon Board of
the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation, mail‑order pharmacy,
government or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other entity.
(hh) "Pharmacist" means any person who holds a certificate of
registration as a registered pharmacist, a local registered pharmacist
or a registered assistant pharmacist under the Pharmacy Practice Act of 1987.
(ii) "Pharmacy" means any store, ship or other place in which
pharmacy is authorized to be practiced under the Pharmacy Practice Act of 1987.
(jj) "Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice medicine in all
its branches, dentist, podiatrist,
veterinarian, scientific investigator, pharmacist, physician assistant,
advanced practice nurse,
licensed practical
nurse, registered nurse, hospital, laboratory, or pharmacy, or other
person licensed, registered, or otherwise lawfully permitted by the
United States or this State to distribute, dispense, conduct research
with respect to, administer or use in teaching or chemical analysis, a
controlled substance in the course of professional practice or research.
(ll) "Pre‑printed prescription" means a written prescription upon which
the designated drug has been indicated prior to the time of issuance.
(mm) "Prescriber" means a physician licensed to practice medicine in all
its branches, dentist, podiatrist or
veterinarian who issues a prescription, a physician assistant who
issues a
prescription for a Schedule III, IV, or V controlled substance
in accordance
with Section 303.05 and the written guidelines required under Section 7.5
of the
Physician Assistant Practice Act of 1987, or an advanced practice
nurse with prescriptive authority in accordance with Section 303.05
and a written
collaborative agreement under Sections 15‑15 and 15‑20 of
the Nursing and Advanced Practice Nursing Act.
(nn) "Prescription" means a lawful written, facsimile, or verbal order
of
a physician licensed to practice medicine in all its branches,
dentist, podiatrist or veterinarian for any controlled
substance, of a physician assistant for a Schedule III, IV, or V
controlled substance
in accordance with Section 303.05 and the written guidelines required under
Section 7.5 of the
Physician Assistant Practice Act of 1987, or of an advanced practice
nurse who issues a prescription for a Schedule III, IV, or V
controlled substance in accordance
with
Section 303.05 and a written collaborative agreement under Sections 15‑15
and
15‑20 of the Nursing and Advanced Practice Nursing Act.
(oo) "Production" or "produce" means manufacture, planting,
cultivating, growing, or harvesting of a controlled substance other than methamphetamine.
(pp) "Registrant" means every person who is required to register
under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each person
authorized to handle controlled substances under the laws of the United
States and of this State.
(rr) "State" includes the State of Illinois and any state, district,
commonwealth, territory, insular possession thereof, and any area
subject to the legal authority of the United States of America.
(ss) "Ultimate user" means a person who lawfully possesses a
controlled substance for his own use or for the use of a member of his
household or for administering to an animal owned by him or by a member
of his household.
(Source: P.A. 93‑596, eff. 8‑26‑03; 93‑626, eff. 12‑23‑03; 94‑556, eff. 9‑11‑05.)
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