HB5263 EngrossedLRB097 18496 RLC 63727 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



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

6 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
7 Sec. 102. Definitions.  As used in this Act, unless the 
8context
otherwise requires:


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


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


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


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


 
 
HB5263 Engrossed- 2 -LRB097 18496 RLC 63727 b


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


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

7the carrier or warehouseman.


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


12 (i) 3[beta],17-dihydroxy-5a-androstane, 
13 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
14 (iii) 5[alpha]-androstan-3,17-dione, 
15 (iv) 1-androstenediol (3[beta], 
16  17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
17 (v) 1-androstenediol (3[alpha], 
18  17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
19 (vi) 4-androstenediol 
20  (3[beta],17[beta]-dihydroxy-androst-4-ene), 
21 (vii) 5-androstenediol 
22  (3[beta],17[beta]-dihydroxy-androst-5-ene), 
23 (viii) 1-androstenedione 
24  ([5alpha]-androst-1-en-3,17-dione), 
25 (ix) 4-androstenedione 
26  (androst-4-en-3,17-dione), 
 
 
HB5263 Engrossed- 3 -LRB097 18496 RLC 63727 b


1 (x) 5-androstenedione 
2  (androst-5-en-3,17-dione), 
3 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
4  hydroxyandrost-4-en-3-one), 
5 (xii) boldenone (17[beta]-hydroxyandrost- 
6  1,4,-diene-3-one), 
7 (xiii) boldione (androsta-1,4- 
8  diene-3,17-dione), 
9 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
10  [beta]-hydroxyandrost-4-en-3-one), 
11 (xv) clostebol (4-chloro-17[beta]- 
12  hydroxyandrost-4-en-3-one), 
13 (xvi) dehydrochloromethyltestosterone (4-chloro- 
14  17[beta]-hydroxy-17[alpha]-methyl- 
15  androst-1,4-dien-3-one), 
16 (xvii) desoxymethyltestosterone 
17 (17[alpha]-methyl-5[alpha] 
18  -androst-2-en-17[beta]-ol)(a.k.a., madol), 
19 (xviii) [delta]1-dihydrotestosterone (a.k.a. 
20  '1-testosterone') (17[beta]-hydroxy- 
21  5[alpha]-androst-1-en-3-one), 
22 (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
23  androstan-3-one), 
24 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
25  5[alpha]-androstan-3-one), 
26 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
 
 
HB5263 Engrossed- 4 -LRB097 18496 RLC 63727 b


1  hydroxyestr-4-ene), 
2 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
3  1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
4 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
5  17[beta]-dihydroxyandrost-1,4-dien-3-one), 
6 (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
7  hydroxyandrostano[2,3-c]-furazan), 
8 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
9 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
10  androst-4-en-3-one), 
11 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
12  dihydroxy-estr-4-en-3-one), 
13 (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
14  hydroxy-5-androstan-3-one), 
15 (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
16  [5a]-androstan-3-one), 
17 (xxx) methandienone (17[alpha]-methyl-17[beta]- 
18  hydroxyandrost-1,4-dien-3-one), 
19 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
20  dihydroxyandrost-5-ene), 
21 (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
22  5[alpha]-androst-1-en-3-one), 
23 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
24  dihydroxy-5a-androstane), 
25 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
26  -5a-androstane), 
 
 
HB5263 Engrossed- 5 -LRB097 18496 RLC 63727 b


1 (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
2  dihydroxyandrost-4-ene), 
3 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
4  methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
5 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
6  hydroxyestra-4,9(10)-dien-3-one), 
7 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
8  hydroxyestra-4,9-11-trien-3-one), 
9 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
10  hydroxyandrost-4-en-3-one), 
11 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
12  hydroxyestr-4-en-3-one), 
13 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone 
14  (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
15  androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
16  1-testosterone'), 
17 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
18 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
19  dihydroxyestr-4-ene), 
20 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
21  dihydroxyestr-4-ene), 
22 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
23  dihydroxyestr-5-ene), 
24 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
25  dihydroxyestr-5-ene), 
26 (xlvii) 19-nor-4,9(10)-androstadienedione 
 
 
HB5263 Engrossed- 6 -LRB097 18496 RLC 63727 b


1  (estra-4,9(10)-diene-3,17-dione), 
2 (xlviii) 19-nor-4-androstenedione (estr-4- 
3  en-3,17-dione), 
4 (xlix) 19-nor-5-androstenedione (estr-5- 
5  en-3,17-dione), 
6 (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
7  hydroxygon-4-en-3-one), 
8 (li) norclostebol (4-chloro-17[beta]- 
9  hydroxyestr-4-en-3-one), 
10 (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
11  hydroxyestr-4-en-3-one), 
12 (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
13  hydroxyestr-4-en-3-one), 
14 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
15  2-oxa-5[alpha]-androstan-3-one), 
16 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
17  dihydroxyandrost-4-en-3-one), 
18 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
19  17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
20 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
21  (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
22 (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
23  (5[alpha]-androst-1-en-3-one), 
24 (lix) testolactone (13-hydroxy-3-oxo-13,17- 
25  secoandrosta-1,4-dien-17- 
26  oic acid lactone), 
 
 
HB5263 Engrossed- 7 -LRB097 18496 RLC 63727 b


1 (lx) testosterone (17[beta]-hydroxyandrost- 
2  4-en-3-one), 
3 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
4  diethyl-17[beta]-hydroxygon- 
5  4,9,11-trien-3-one), 
6 (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
7  11-trien-3-one). 

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

14which is approved by the Secretary of Health and Human Services 
15for such
administration, and which the person intends to 
16administer or have
administered through such implants, shall 
17not be considered to be in
unauthorized possession or to 
18unlawfully manufacture, distribute, dispense,
deliver, or 
19possess with intent to deliver such anabolic steroid for

20purposes of this Act.


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


24 (d-5) "Clinical Director, Prescription Monitoring Program" 
25means a Department of Human Services administrative employee 
26licensed to either prescribe or dispense controlled substances 
 
 
HB5263 Engrossed- 8 -LRB097 18496 RLC 63727 b


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


23 (f) "Controlled Substance" means (i) a drug, substance, or 
24immediate
precursor in the Schedules of Article II of this Act 
25or (ii) a drug or other substance, or immediate precursor, 
26designated as a controlled substance by the Department through 
 
 
HB5263 Engrossed- 9 -LRB097 18496 RLC 63727 b


1administrative rule. The term does not include distilled 
2spirits, wine, malt beverages, or tobacco, as those terms are

3defined or used in the Liquor Control Act and the Tobacco 
4Products Tax
Act.


5 (f-5) "Controlled substance analog" means a substance:
6  (1) the chemical structure of which is substantially 
7 similar to the chemical structure of a controlled substance 
8 in Schedule I or II;
9  (2) which has a stimulant, depressant, or 
10 hallucinogenic effect on the central nervous system that is 
11 substantially similar to or greater than the stimulant, 
12 depressant, or hallucinogenic effect on the central 
13 nervous system of a controlled substance in Schedule I or 
14 II; or
15  (3) with respect to a particular person, which such 
16 person represents or intends to have a stimulant, 
17 depressant, or hallucinogenic effect on the central 
18 nervous system that is substantially similar to or greater 
19 than the stimulant, depressant, or hallucinogenic effect 
20 on the central nervous system of a controlled substance in 
21 Schedule I or II. 
22 (g) "Counterfeit substance" means a controlled substance, 
23which, or
the container or labeling of which, without 
24authorization bears the
trademark, trade name, or other 
25identifying mark, imprint, number or
device, or any likeness 
26thereof, of a manufacturer, distributor, or
dispenser other 
 
 
HB5263 Engrossed- 10 -LRB097 18496 RLC 63727 b


1than the person who in fact manufactured, distributed,
or 
2dispensed the substance.


3 (h) "Deliver" or "delivery" means the actual, constructive 
4or
attempted transfer of possession of a controlled substance, 
5with or
without consideration, whether or not there is an 
6agency relationship.


7 (i) "Department" means the Illinois Department of Human 
8Services (as
successor to the Department of Alcoholism and 
9Substance Abuse) or its successor agency.


10 (j) (Blank).


11 (k) "Department of Corrections" means the Department of 
12Corrections
of the State of Illinois or its successor agency.


13 (l) "Department of Financial and Professional Regulation" 
14means the Department
of Financial and Professional Regulation 
15of the State of Illinois or its successor agency.


16 (m) "Depressant" means any drug that (i) causes an overall 
17depression of central nervous system functions, (ii) causes 
18impaired consciousness and awareness, and (iii) can be 
19habit-forming or lead to a substance abuse problem, including 
20but not limited to alcohol, cannabis and its active principles 
21and their analogs, benzodiazepines and their analogs, 
22barbiturates and their analogs, opioids (natural and 
23synthetic) and their analogs, and chloral hydrate and similar 
24sedative hypnotics.


25 (n) (Blank).


26 (o) "Director" means the Director of the Illinois State 
 
 
HB5263 Engrossed- 11 -LRB097 18496 RLC 63727 b


1Police or his or her designated agents.


2 (p) "Dispense" means to deliver a controlled substance to 
3an
ultimate user or research subject by or pursuant to the 
4lawful order of
a prescriber, including the prescribing, 
5administering, packaging,
labeling, or compounding necessary 
6to prepare the substance for that
delivery.


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


8 (r) "Distribute" means to deliver, other than by 
9administering or
dispensing, a controlled substance.


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


11 (t) "Drug" means (1) substances recognized as drugs in the 
12official
United States Pharmacopoeia, Official Homeopathic 
13Pharmacopoeia of the
United States, or official National 
14Formulary, or any supplement to any
of them; (2) substances 
15intended for use in diagnosis, cure, mitigation,
treatment, or 
16prevention of disease in man or animals; (3) substances
(other 
17than food) intended to affect the structure of any function of

18the body of man or animals and (4) substances intended for use 
19as a
component of any article specified in clause (1), (2), or 
20(3) of this
subsection. It does not include devices or their 
21components, parts, or
accessories.


22 (t-5) "Euthanasia agency" means
an entity certified by the 
23Department of Financial and Professional Regulation for the

24purpose of animal euthanasia that holds an animal control 
25facility license or
animal
shelter license under the Animal 
26Welfare Act. A euthanasia agency is
authorized to purchase, 
 
 
HB5263 Engrossed- 12 -LRB097 18496 RLC 63727 b


1store, possess, and utilize Schedule II nonnarcotic and

2Schedule III nonnarcotic drugs for the sole purpose of animal 
3euthanasia.


4 (t-10) "Euthanasia drugs" means Schedule II or Schedule III 
5substances
(nonnarcotic controlled substances) that are used 
6by a euthanasia agency for
the purpose of animal euthanasia.


7 (u) "Good faith" means the prescribing or dispensing of a 
8controlled
substance by a practitioner in the regular course of 
9professional
treatment to or for any person who is under his or 
10her treatment for a
pathology or condition other than that 
11individual's physical or
psychological dependence upon or 
12addiction to a controlled substance,
except as provided herein: 
13and application of the term to a pharmacist
shall mean the 
14dispensing of a controlled substance pursuant to the

15prescriber's order which in the professional judgment of the 
16pharmacist
is lawful. The pharmacist shall be guided by 
17accepted professional
standards including, but not limited to 
18the following, in making the
judgment:


19  (1) lack of consistency of prescriber-patient 
20 relationship,


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


23  (3) quantities beyond those normally prescribed,


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


 
 
HB5263 Engrossed- 13 -LRB097 18496 RLC 63727 b


1  (5) unusual geographic distances between patient, 
2 pharmacist and
prescriber,


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


4 (u-0.5) "Hallucinogen" means a drug that causes markedly 
5altered sensory perception leading to hallucinations of any 
6type. 
7 (u-1) "Home infusion services" means services provided by a 
8pharmacy in
compounding solutions for direct administration to 
9a patient in a private
residence, long-term care facility, or 
10hospice setting by means of parenteral,
intravenous, 
11intramuscular, subcutaneous, or intraspinal infusion.


12 (u-5) "Illinois State Police" means the State
Police of the 
13State of Illinois, or its successor agency. 
14 (v) "Immediate precursor" means a substance:


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


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


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


25 (w) "Instructional activities" means the acts of teaching, 
26educating
or instructing by practitioners using controlled 
 
 
HB5263 Engrossed- 14 -LRB097 18496 RLC 63727 b


1substances within
educational facilities approved by the State 
2Board of Education or
its successor agency.


3 (x) "Local authorities" means a duly organized State, 
4County or
Municipal peace unit or police force.


5 (y) "Look-alike substance" means a substance, other than a 
6controlled
substance which (1) by overall dosage unit 
7appearance, including shape,
color, size, markings or lack 
8thereof, taste, consistency, or any other
identifying physical 
9characteristic of the substance, would lead a reasonable
person 
10to believe that the substance is a controlled substance, or (2) 
11is
expressly or impliedly represented to be a controlled 
12substance or is
distributed under circumstances which would 
13lead a reasonable person to
believe that the substance is a 
14controlled substance. For the purpose of
determining whether 
15the representations made or the circumstances of the

16distribution would lead a reasonable person to believe the 
17substance to be
a controlled substance under this clause (2) of 
18subsection (y), the court or
other authority may consider the 
19following factors in addition to any other
factor that may be 
20relevant:


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


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


25  (c) whether the substance is packaged in a manner 
26 normally used for the
illegal distribution of controlled 
 
 
HB5263 Engrossed- 15 -LRB097 18496 RLC 63727 b


1 substances;


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

6 reasonable retail market value of the substance.


7 Clause (1) of this subsection (y) shall not apply to a 
8noncontrolled
substance in its finished dosage form that was 
9initially introduced into
commerce prior to the initial 
10introduction into commerce of a controlled
substance in its 
11finished dosage form which it may substantially resemble.


12 Nothing in this subsection (y) prohibits the dispensing or 
13distributing
of noncontrolled substances by persons authorized 
14to dispense and
distribute controlled substances under this 
15Act, provided that such action
would be deemed to be carried 
16out in good faith under subsection (u) if the
substances 
17involved were controlled substances.


18 Nothing in this subsection (y) or in this Act prohibits the 
19manufacture,
preparation, propagation, compounding, 
20processing, packaging, advertising
or distribution of a drug or 
21drugs by any person registered pursuant to
Section 510 of the 
22Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).


23 (y-1) "Mail-order pharmacy" means a pharmacy that is 
24located in a state
of the United States that delivers, 
25dispenses or
distributes, through the United States Postal 
26Service or other common
carrier, to Illinois residents, any 
 
 
HB5263 Engrossed- 16 -LRB097 18496 RLC 63727 b


1substance which requires a prescription.


2 (z) "Manufacture" means the production, preparation, 
3propagation,
compounding, conversion or processing of a 
4controlled substance other than methamphetamine, either

5directly or indirectly, by extraction from substances of 
6natural origin,
or independently by means of chemical 
7synthesis, or by a combination of
extraction and chemical 
8synthesis, and includes any packaging or
repackaging of the 
9substance or labeling of its container, except that
this term 
10does not include:


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


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


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


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


22 (z-1) (Blank).


23 (z-5) "Medication shopping" means the conduct prohibited 
24under subsection (a) of Section 314.5 of this Act.
25 (z-10) "Mid-level practitioner" means (i) a physician 
26assistant who has been delegated authority to prescribe through 
 
 
HB5263 Engrossed- 17 -LRB097 18496 RLC 63727 b


1a written delegation of authority by a physician licensed to 
2practice medicine in all of its branches, in accordance with 
3Section 7.5 of the Physician Assistant Practice Act of 1987, 
4(ii) an advanced practice nurse who has been delegated 
5authority to prescribe through a written delegation of 
6authority by a physician licensed to practice medicine in all 
7of its branches or by a podiatrist, in accordance with Section 
865-40 of the Nurse Practice Act, or (iii) an animal euthanasia 
9agency. 
10 (aa) "Narcotic drug" means any of the following, whether 
11produced
directly or indirectly by extraction from substances 
12of vegetable origin,
or independently by means of chemical 
13synthesis, or by a combination of
extraction and chemical 
14synthesis:


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


22  (2) (blank);


23  (3) opium poppy and poppy straw;


24  (4) coca leaves, except coca leaves and extracts of 
25 coca leaves from which substantially all of the cocaine and 
26 ecgonine, and their isomers, derivatives and salts, have 
 
 
HB5263 Engrossed- 18 -LRB097 18496 RLC 63727 b


1 been removed;


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

10Nurse Practice Act.


11 (cc) (Blank).


12 (dd) "Opiate" means any substance having an addiction 
13forming or
addiction sustaining liability similar to morphine 
14or being capable of
conversion into a drug having addiction 
15forming or addiction sustaining
liability.


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

17somniferum L., except its seeds.


18 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or 
19solution or other liquid form of medication intended for 
20administration by mouth, but the term does not include a form 
21of medication intended for buccal, sublingual, or transmucosal 
22administration. 
23 (ff) "Parole and Pardon Board" means the Parole and Pardon 
24Board of
the State of Illinois or its successor agency.


25 (gg) "Person" means any individual, corporation, 
26mail-order pharmacy,
government or governmental subdivision or 
 
 
HB5263 Engrossed- 19 -LRB097 18496 RLC 63727 b


1agency, business trust, estate,
trust, partnership or 
2association, or any other entity.


3 (hh) "Pharmacist" means any person who holds a license or 
4certificate of
registration as a registered pharmacist, a local 
5registered pharmacist
or a registered assistant pharmacist 
6under the Pharmacy Practice Act.


7 (ii) "Pharmacy" means any store, ship or other place in 
8which
pharmacy is authorized to be practiced under the Pharmacy 
9Practice Act.


10 (ii-5) "Pharmacy shopping" means the conduct prohibited 
11under subsection (b) of Section 314.5 of this Act.
12 (ii-10) "Physician" (except when the context otherwise 
13requires) means a person licensed to practice medicine in all 
14of its branches. 
15 (jj) "Poppy straw" means all parts, except the seeds, of 
16the opium
poppy, after mowing.


17 (kk) "Practitioner" means a physician licensed to practice 
18medicine in all
its branches, dentist, optometrist, 
19podiatrist,
veterinarian, scientific investigator, pharmacist, 
20physician assistant,
advanced practice nurse,
licensed 
21practical
nurse, registered nurse, hospital, laboratory, or 
22pharmacy, or other
person licensed, registered, or otherwise 
23lawfully permitted by the
United States or this State to 
24distribute, dispense, conduct research
with respect to, 
25administer or use in teaching or chemical analysis, a

26controlled substance in the course of professional practice or 
 
 
HB5263 Engrossed- 20 -LRB097 18496 RLC 63727 b


1research.


2 (ll) "Pre-printed prescription" means a written 
3prescription upon which
the designated drug has been indicated 
4prior to the time of issuance; the term does not mean a written 
5prescription that is individually generated by machine or 
6computer in the prescriber's office.


7 (mm) "Prescriber" means a physician licensed to practice 
8medicine in all
its branches, dentist, optometrist, podiatrist 
9or
veterinarian who issues a prescription, a physician 
10assistant who
issues a
prescription for a controlled substance

11in accordance
with Section 303.05, a written delegation, and a 
12written supervision agreement required under Section 7.5
of the

13Physician Assistant Practice Act of 1987, or an advanced 
14practice
nurse with prescriptive authority delegated under 
15Section 65-40 of the Nurse Practice Act and in accordance with 
16Section 303.05, a written delegation,
and a written

17collaborative agreement under Section 65-35 of the Nurse 
18Practice Act.


19 (nn) "Prescription" means a written, facsimile, or oral 
20order, or an electronic order that complies with applicable 
21federal requirements,
of
a physician licensed to practice 
22medicine in all its branches,
dentist, podiatrist or 
23veterinarian for any controlled
substance, of an optometrist 
24for a Schedule III, IV, or V controlled substance in accordance 
25with Section 15.1 of the Illinois Optometric Practice Act of 
261987, of a physician assistant for a
controlled substance
in 
 
 
HB5263 Engrossed- 21 -LRB097 18496 RLC 63727 b


1accordance with Section 303.05, a written delegation, and a 
2written supervision agreement required under
Section 7.5 of the

3Physician Assistant Practice Act of 1987, or of an advanced 
4practice
nurse with prescriptive authority delegated under 
5Section 65-40 of the Nurse Practice Act who issues a 
6prescription for a
controlled substance in accordance
with

7Section 303.05, a written delegation, and a written 
8collaborative agreement under Section 65-35 of the Nurse 
9Practice Act when required by law.


10 (nn-5) "Prescription Information Library" (PIL) means an 
11electronic library that contains reported controlled substance 
12data.
13 (nn-10) "Prescription Monitoring Program" (PMP) means the 
14entity that collects, tracks, and stores reported data on 
15controlled substances and select drugs pursuant to Section 316. 
16 (oo) "Production" or "produce" means manufacture, 
17planting,
cultivating, growing, or harvesting of a controlled 
18substance other than methamphetamine.


19 (pp) "Registrant" means every person who is required to 
20register
under Section 302 of this Act.


21 (qq) "Registry number" means the number assigned to each 
22person
authorized to handle controlled substances under the 
23laws of the United
States and of this State.


24 (qq-1) "School" means a public or private preschool, 
25kindergarten, nursery, elementary or secondary educational 
26institution, vocational school, special educational facility, 
 
 
HB5263 Engrossed- 22 -LRB097 18496 RLC 63727 b


1or any other elementary or secondary educational agency. 
2 (qq-5) "Secretary" means, as the context requires, either 
3the Secretary of the Department or the Secretary of the 
4Department of Financial and Professional Regulation, and the 
5Secretary's designated agents. 
6 (rr) "State" includes the State of Illinois and any state, 
7district,
commonwealth, territory, insular possession thereof, 
8and any area
subject to the legal authority of the United 
9States of America.


10 (rr-5) "Stimulant" means any drug that (i) causes an 
11overall excitation of central nervous system functions, (ii) 
12causes impaired consciousness and awareness, and (iii) can be 
13habit-forming or lead to a substance abuse problem, including 
14but not limited to amphetamines and their analogs, 
15methylphenidate and its analogs, cocaine, and phencyclidine 
16and its analogs. 
17 (ss) "Ultimate user" means a person who lawfully possesses 
18a
controlled substance for his or her own use or for the use of 
19a member of his or her
household or for administering to an 
20animal owned by him or her or by a member
of his or her 
21household.


22(Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09; 
2397-334, eff. 1-1-12.)