Bill Text: IL SB1944 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Repeals the Hypodermic Syringes and Needles Act. Amends the Environmental Protection Act, the Drug Paraphernalia Control Act, and the Unified Code of Corrections to make conforming changes. Effective January 1, 2018.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0326 [SB1944 Detail]

Download: Illinois-2017-SB1944-Engrossed.html

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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 Hypodermic Syringes and Needles Act is
5amended by changing Sections 1, 2, 2.5, and 5 as follows:
6 (720 ILCS 635/1) (from Ch. 38, par. 22-50)
7 Sec. 1. Possession of hypodermic syringes and needles.
8 (a) Except as provided in subsection (b), no person, not
9being a physician, dentist, chiropodist or veterinarian
10licensed under the laws of this State or of the state where he
11resides, or a registered professional nurse, or a registered
12embalmer, manufacturer or dealer in embalming supplies,
13wholesale druggist, manufacturing pharmacist, registered
14pharmacist, manufacturer of surgical instruments, industrial
15user, official of any government having possession of the
16articles hereinafter mentioned by reason of his or her official
17duties, nurse or a medical laboratory technician acting under
18the direction of a physician or dentist, employee of an
19incorporated hospital acting under the direction of its
20superintendent or officer in immediate charge, or a carrier or
21messenger engaged in the transportation of the such articles,
22or the holder of a permit issued under Section 5 of this Act,
23or a farmer engaged in the use of the such instruments on

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1livestock, or a person engaged in chemical, clinical,
2pharmaceutical or other scientific research, shall have in his
3or her possession a hypodermic syringe, hypodermic needle, or
4any instrument adapted for the use of controlled substances or
5cannabis by subcutaneous injection.
6 (b) A person who is at least 18 years of age may purchase
7from a pharmacy and have in his or her possession up to 100 20
8hypodermic syringes or needles.
9(Source: P.A. 93-392, eff. 7-25-03.)
10 (720 ILCS 635/2) (from Ch. 38, par. 22-51)
11 Sec. 2. Sale of hypodermic syringes and needles.
12 (a) Except as provided in subsection (b), no such syringe,
13needle or instrument shall be delivered or sold to, or
14exchanged with, any person except a registered pharmacist,
15physician, dentist, veterinarian, registered embalmer,
16manufacturer or dealer in embalming supplies, wholesale
17druggist, manufacturing pharmacist, industrial user, a nurse
18upon the written order of a physician or dentist, the holder of
19a permit issued under Section 5 of this Act, a registered
20chiropodist, or an employee of an incorporated hospital upon
21the written order of its superintendent or officer in immediate
22charge; provided that the provisions of this Act shall not
23prohibit the sale, possession or use of hypodermic syringes or
24hypodermic needles for treatment of livestock or poultry by the
25owner or keeper thereof or a person engaged in chemical,

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1clinical, pharmaceutical or other scientific research.
2 (b) A pharmacist may sell up to 100 20 sterile hypodermic
3syringes or needles to a person who is at least 18 years of
4age. A syringe or needle sold under this subsection (b) must be
5stored at a pharmacy and in a manner that limits access to the
6syringes or needles to pharmacists employed at the pharmacy and
7any persons designated by the pharmacists. A syringe or needle
8sold at a pharmacy under this subsection (b) may be sold only
9from the pharmacy department of the pharmacy.
10(Source: P.A. 93-392, eff. 7-25-03.)
11 (720 ILCS 635/2.5)
12 Sec. 2.5. Guidelines Educational materials; guidelines for
14 (a) (Blank). The Illinois Department of Public Health must
15develop educational materials and make copies of the
16educational materials available to pharmacists. Pharmacists
17must make these educational materials available to persons who
18purchase syringes and needles as authorized under subsection
19(b) of Section 1. The educational materials must include
20information regarding safer injection, HIV prevention, syringe
21and needle disposal, and drug treatment.
22 (b) The Illinois Department of Public Health must create
23guidelines to advise local health departments on implementing
24syringe and needle disposal policies that are consistent with
25or more stringent than any available guidelines regarding

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1disposal for home health care products provided by the United
2States Environmental Protection Agency.
3(Source: P.A. 93-392, eff. 7-25-03.)
4 (720 ILCS 635/5) (from Ch. 38, par. 22-54)
5 Sec. 5. Prescriptions.
6 (a) As used in this Section, "prescriber" has the meaning
7ascribed to it in Section 102 of the Illinois Controlled
8Substances Act.
9 (b) Except as provided under Section 2, a prescriber
10licensed physician may direct a patient under his or her
11immediate charge to have in possession any of the instruments
12specified in Sections 1 and 2 which may be dispensed by a
13registered pharmacist or assistant registered pharmacist in
14this state only (1) upon a written prescription of the
15prescriber such physician, or (2) upon an oral or electronic
16order of the prescriber such physician, which order is reduced
17promptly to writing and filed by the pharmacist, or (3) by
18refilling any such written, or oral, or electronic prescription
19if the such refilling is authorized by the prescriber either in
20the original prescription or by oral order which is reduced
21promptly to writing and filed by the pharmacist in the same
22manner and under the same conditions as any other prescription
23issued by a practitioner licensed by law to write
24prescriptions, or (4) upon a signed statement of a patient,
25upon proper identification, stating that the prescriptions or

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1instruments specified in Sections 1 and 2 were lost or broken,
2as the case may be, the name and address of the prescriber, the
3name and address of the patient and the purpose for which the
4prescription was ordered. The Such written, or oral, or
5electronic prescriptions when reduced to writing for
6instruments specified in Sections 1 and 2 shall contain the
7date of the such prescription, the name and address of the
8prescriber, the name and address of the patient, the purpose
9for which the prescription is ordered, the date when dispensed
10and by whom dispensed.
11 Provided, however, that a licensed physician or other
12allied medical practitioner, authorized by the laws of the
13State of Illinois to prescribe or administer controlled
14substances or cannabis to humans or animals, may authorize any
15person or the owner of any animal, to purchase and have in his
16or her possession any of the instruments specified in Sections
171 and 2, which may be sold to him without a specific written,
18or oral, or electronic prescription or order, by any person
19authorized by the laws of the State of Illinois to sell and
20dispense controlled substances or cannabis, if the such
21authorization is in the form of a certificate giving the name
22and address of the such licensed physician or other allied
23medical practitioner, the name, address and signature of the
24person, or of the owner of the animal, so authorized, the
25purpose or reason of the such authorization, and the date of
26the such certificate and in that event, no other prescription,

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1writing or record shall be required to authorize the possession
2or sale of the such instruments.
3(Source: P.A. 93-392, eff. 7-25-03.)