Bill Text: IL HB2450 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Medical Practice Act of 1987. Provides it is unlawful for any person to knowingly manufacture or deliver, or possess with intent to manufacture or deliver a legend drug of 6 or more pills, tablets, capsules, caplets, or 30 ml or more of a liquid medication who is not licensed under this Act or another Act of the State to practice, prescribe, or dispense legend drugs in all of its branches. Provides certain criminal penalties, fines, and forfeiture provisions for violations of the Section. Defines "legend drug" as a drug limited by the Federal Food, Drug and Cosmetic Act to being dispensed by or upon a medical practitioner's prescription because the drug is (1) habit-forming; (2) toxic or having potential for harm; or (3) limited in use by the new drug application for the drug to use only under a medical practitioner's supervision. Defines "medical practitioner" as any person licensed to practice medicine in all its branches in the State. Amends the Drug Asset Forfeiture Procedure Act. Provides that the provisions of the Act are applicable to all property forfeitable under the Medical Practice Act of 1987. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-18 - Public Act . . . . . . . . . 96-0573 [HB2450 Detail]

Download: Illinois-2009-HB2450-Enrolled.html

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AN ACT concerning professional regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Food, Drug and Cosmetic Act is
amended by adding Section 3.23 as follows:
(410 ILCS 620/3.23 new)
Sec. 3.23. Legend drug prohibition.
(a) In this Section:
"Legend drug" means a drug limited by the Federal Food,
Drug and Cosmetic Act to being dispensed by or upon a medical
practitioner's prescription because the drug is:
(1) habit forming;
(2) toxic or having potential for harm; or
(3) limited in use by the new drug application for the
drug to use only under a medical practitioner's
supervision.
"Medical practitioner" means any person licensed to
practice medicine in all its branches in the State.
"Deliver" or "delivery" means the actual, constructive, or
attempted transfer of possession of a legend drug, with or
without consideration, whether or not there is an agency
relationship.
"Manufacture" means the production, preparation,

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propagation, compounding, conversion, or processing of a
legend drug, 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. "Manufacture"
does not include:
(1) by an ultimate user, the preparation or compounding
of a legend drug for his own use; or
(2) by a medical practitioner, or his authorized agent
under his supervision, the preparation, compounding,
packaging, or labeling of a legend drug:
(A) as an incident to his administering or
dispensing of a legend drug in the course of his
professional practice; or
(B) as an incident to lawful research, teaching, or
chemical analysis and not for sale.
"Prescription" has the same meaning ascribed to it in
Section 3 of the Pharmacy Practice Act.
(b) It is unlawful for any person to knowingly manufacture
or deliver or possess with the intent to manufacture or deliver
a legend drug of 6 or more pills, tablets, capsules, or caplets
or 30 ml or more of a legend drug in liquid form who is not
licensed by applicable law to prescribe or dispense legend
drugs or is not an employee of the licensee operating in the
normal course of business under the supervision of the

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licensee. Any person who violates this Section is guilty of a
Class 3 felony, the fine for which shall not exceed $100,000. A
person convicted of a second or subsequent violation of this
Section is guilty of a Class 1 felony, the fine for which shall
not exceed $250,000.
(c) The following are subject to forfeiture:
(1) all substances that have been manufactured,
distributed, dispensed, or possessed in violation of this
Act;
(2) all raw materials, products, and equipment of any
kind which are used, or intended for use in manufacturing,
distributing, dispensing, administering, or possessing any
substance in violation of this Act;
(3) all conveyances, including aircraft, vehicles, or
vessels, which are used, or intended for use, to transport,
or in any manner to facilitate the transportation, sale,
receipt, possession, or concealment of property described
in items (1) and (2) of this subsection (c), but:
(A) no conveyance used by any person as a common
carrier in the transaction of business as a common
carrier is subject to forfeiture under this Section
unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy
to a violation of this Act;
(B) no conveyance is subject to forfeiture under
this Section by reason of any act or omission which the

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owner proves to have been committed or omitted without
his knowledge or consent; and
(C) a forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest
of the secured party if he neither had knowledge of nor
consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data that are used, or intended to be
used in violation of this Act;
(5) everything of value furnished, or intended to be
furnished, in exchange for a substance in violation of this
Act, all proceeds traceable to such an exchange, and all
moneys, negotiable instruments, and securities used, or
intended to be used, to commit or in any manner to
facilitate any violation of this Act; and
(6) all real property, including any right, title, and
interest, including, but not limited to, any leasehold
interest or the beneficial interest in a land trust, in the
whole of any lot or tract of land and any appurtenances or
improvements, which is used or intended to be used, in any
manner or part, to commit, or in any manner to facilitate
the commission of, any violation or act that constitutes a
violation of Section 33.1 of this Act or that is the
proceeds of any violation or act that constitutes a
violation of Section 33.1 of this Act.

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(d) Property subject to forfeiture under this Act may be
seized by the Director of the Department of State Police or any
peace officer upon process or seizure warrant issued by any
court having jurisdiction over the property. Seizure by the
Director of the Department of State Police or any peace officer
without process may be made:
(1) if the seizure is incident to inspection under an
administrative inspection warrant;
(2) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Act or the Drug Asset Forfeiture
Procedure Act;
(3) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(4) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(5) in accordance with the Code of Criminal Procedure
of 1963.
(e) In the event of seizure pursuant to subsection (c) of
this Section, forfeiture proceedings shall be instituted in
accordance with the Drug Asset Forfeiture Procedure Act.
(f) Property taken or detained under this Section shall not

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be subject to replevin, but is deemed to be in the custody of
the Director of the Department of State Police subject only to
the order and judgments of the circuit court having
jurisdiction over the forfeiture proceedings and the decisions
of the State's Attorney under the Drug Asset Forfeiture
Procedure Act. If property is seized under this Act, then the
seizing agency shall promptly conduct an inventory of the
seized property and estimate the property's value, and shall
forward a copy of the inventory of seized property and the
estimate of the property's value to the Director of the
Department of State Police. Upon receiving notice of seizure,
the Secretary may:
(1) place the property under seal;
(2) remove the property to a place designated by the
Secretary;
(3) keep the property in the possession of the seizing
agency;
(4) remove the property to a storage area for
safekeeping or, if the property is a negotiable instrument
or money and is not needed for evidentiary purposes,
deposit it in an interest bearing account;
(5) place the property under constructive seizure by
posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or

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(6) provide for another agency or custodian, including
an owner, secured party, or lienholder, to take custody of
the property upon the terms and conditions set by the
Director of the Department of State Police.
(g) If the Department suspends or revokes a registration,
all legend drugs owned or possessed by the registrant at the
time of suspension or the effective date of the revocation
order may be placed under seal. No disposition may be made of
substances under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the
court. Upon a revocation rule becoming final, all substances
may be forfeited to the Department.
(h) If property is forfeited under this Act, then the
Director of the Department of State Police must sell all such
property unless such property is required by law to be
destroyed or is harmful to the public, and shall distribute the
proceeds of the sale, together with any moneys forfeited or
seized, in accordance with subsection (i) of this Section. Upon
the application of the seizing agency or prosecutor who was
responsible for the investigation, arrest or arrests, and
prosecution that led to the forfeiture, the Director of the
Department of State Police may return any item of forfeited
property to the seizing agency or prosecutor for official use
in the enforcement of laws if the agency or prosecutor can

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demonstrate that the item requested would be useful to the
agency or prosecutor in their enforcement efforts. If any
forfeited conveyance, including an aircraft, vehicle, or
vessel, is returned to the seizing agency or prosecutor, then
the conveyance may be used immediately in the enforcement of
the criminal laws of the State. Upon disposal, all proceeds
from the sale of the conveyance must be used for drug
enforcement purposes. If any real property returned to the
seizing agency is sold by the agency or its unit of government,
then the proceeds of the sale shall be delivered to the
Director of the Department of State Police and distributed in
accordance with subsection (i) of this Section.
(i) All moneys and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
(1) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or State law
enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency or

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agencies shall be used for the enforcement of laws.
(2) 12.5% shall be distributed to the Office of the
State's Attorney of the county in which the prosecution
resulting in the forfeiture was instituted, deposited in a
special fund in the county treasury and appropriated to the
State's Attorney for use in the enforcement of laws. In
counties over 3,000,000 population, 25% will be
distributed to the Office of the State's Attorney for use
in the enforcement of laws governing cannabis and
controlled substances. If the prosecution is undertaken
solely by the Attorney General, the portion provided
hereunder shall be distributed to the Attorney General for
use in the enforcement of laws.
(3) 12.5% shall be distributed to the Office of the
State's Attorneys Appellate Prosecutor and deposited in a
separate fund of that office to be used for additional
expenses incurred in the investigation, prosecution and
appeal of cases. The Office of the State's Attorneys
Appellate Prosecutor shall not receive distribution from
cases brought in counties with over 3,000,000 population.
(4) 10% shall be retained by the Department of State
Police for expenses related to the administration and sale
of seized and forfeited property.
Section 10. The Drug Asset Forfeiture Procedure Act is
amended by changing Section 3 as follows:

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(725 ILCS 150/3) (from Ch. 56 1/2, par. 1673)
Sec. 3. Applicability. The provisions of this Act are
applicable to all property forfeitable under the Illinois
Controlled Substances Act, the Cannabis Control Act, the
Illinois Food, Drug and Cosmetic Act, or the Methamphetamine
Control and Community Protection Act.
(Source: P.A. 94-556, eff. 9-11-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.