Public Act 104-0240
 
HB2589 EnrolledLRB104 09144 RLC 19200 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Hypodermic Syringes and Needles Act is 
amended by changing Section 2 as follows:
 
    (720 ILCS 635/2)  (from Ch. 38, par. 22-51)
    Sec. 2. Sale of hypodermic syringes and needles. 
    (a) Except as provided in subsection (b), no syringe, 
needle or instrument shall be delivered or sold to, or 
exchanged with, any person except a registered pharmacist, 
physician, dentist, veterinarian, registered embalmer, 
manufacturer or dealer in embalming supplies, wholesale 
druggist, manufacturing pharmacist, industrial user, a nurse 
upon the written order of a physician or dentist, the holder of 
a permit issued under Section 5 of this Act, a registered 
chiropodist, or an employee of an incorporated hospital upon 
the written order of its superintendent or officer in 
immediate charge; provided that the provisions of this Act 
shall not prohibit the sale, possession or use of hypodermic 
syringes or hypodermic needles for treatment of livestock or 
poultry by the owner or keeper thereof or a person engaged in 
chemical, clinical, pharmaceutical or other scientific 
research, or a staff person, volunteer, or participant in a 
needle or hypodermic syringe access program.
    (b) A pharmacist may sell up to 100 sterile hypodermic 
syringes or needles to a person who is at least 18 years of 
age. A syringe or needle sold under this subsection (b) must be 
stored at a pharmacy and in a manner that limits access to the 
syringes or needles to pharmacists employed at the pharmacy 
and any persons designated by the pharmacists. A syringe or 
needle sold at a pharmacy under this subsection (b) may be sold 
only from the pharmacy department of the pharmacy.
    (c) If the pharmacy has sterile hypodermic syringes or 
needles in stock, a pharmacist, based on the pharmacist's 
professional and clinical judgment, shall sell sterile 
hypodermic syringes or needles to any qualifying individual 
when sterile hypodermic syringes or needles are required for 
the proper utilization or administration of medications, 
including any counseling or referrals to relevant healthcare 
services. 
(Source: P.A. 100-326, eff. 1-1-18; 101-356, eff. 8-9-19.)