Full Text of SB1454 98th General Assembly
SB1454sam002 98TH GENERAL ASSEMBLY | Sen. William Delgado Filed: 4/10/2013
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| 1 | | AMENDMENT TO SENATE BILL 1454
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1454 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Sections 102, 206, 208, 311.5, 314.5, 316, | 6 | | 319, and 320 and by adding Sections 314.6, 317.5, and 320.5 as | 7 | | follows: | 8 | | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 9 | | Sec. 102. Definitions. As used in this Act, unless the | 10 | | context
otherwise requires:
| 11 | | (a) "Addict" means any person who habitually uses any drug, | 12 | | chemical,
substance or dangerous drug other than alcohol so as | 13 | | to endanger the public
morals, health, safety or welfare or who | 14 | | is so far addicted to the use of a
dangerous drug or controlled | 15 | | substance other than alcohol as to have lost
the power of self | 16 | | control with reference to his or her addiction.
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| 1 | | (b) "Administer" means the direct application of a | 2 | | controlled
substance, whether by injection, inhalation, | 3 | | ingestion, or any other
means, to the body of a patient, | 4 | | research subject, or animal (as
defined by the Humane | 5 | | Euthanasia in Animal Shelters Act) by:
| 6 | | (1) a practitioner (or, in his or her presence, by his | 7 | | or her authorized agent),
| 8 | | (2) the patient or research subject pursuant to an | 9 | | order, or
| 10 | | (3) a euthanasia technician as defined by the Humane | 11 | | Euthanasia in
Animal Shelters Act.
| 12 | | (c) "Agent" means an authorized person who acts on behalf | 13 | | of or at
the direction of a manufacturer, distributor, | 14 | | dispenser, prescriber, or practitioner. It does not
include a | 15 | | common or contract carrier, public warehouseman or employee of
| 16 | | the carrier or warehouseman.
| 17 | | (c-1) "Anabolic Steroids" means any drug or hormonal | 18 | | substance,
chemically and pharmacologically related to | 19 | | testosterone (other than
estrogens, progestins, | 20 | | corticosteroids, and dehydroepiandrosterone),
and includes:
| 21 | | (i) 3[beta],17-dihydroxy-5a-androstane, | 22 | | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | 23 | | (iii) 5[alpha]-androstan-3,17-dione, | 24 | | (iv) 1-androstenediol (3[beta], | 25 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 26 | | (v) 1-androstenediol (3[alpha], |
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| 1 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 2 | | (vi) 4-androstenediol | 3 | | (3[beta],17[beta]-dihydroxy-androst-4-ene), | 4 | | (vii) 5-androstenediol | 5 | | (3[beta],17[beta]-dihydroxy-androst-5-ene), | 6 | | (viii) 1-androstenedione | 7 | | ([5alpha]-androst-1-en-3,17-dione), | 8 | | (ix) 4-androstenedione | 9 | | (androst-4-en-3,17-dione), | 10 | | (x) 5-androstenedione | 11 | | (androst-5-en-3,17-dione), | 12 | | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | 13 | | hydroxyandrost-4-en-3-one), | 14 | | (xii) boldenone (17[beta]-hydroxyandrost- | 15 | | 1,4,-diene-3-one), | 16 | | (xiii) boldione (androsta-1,4- | 17 | | diene-3,17-dione), | 18 | | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | 19 | | [beta]-hydroxyandrost-4-en-3-one), | 20 | | (xv) clostebol (4-chloro-17[beta]- | 21 | | hydroxyandrost-4-en-3-one), | 22 | | (xvi) dehydrochloromethyltestosterone (4-chloro- | 23 | | 17[beta]-hydroxy-17[alpha]-methyl- | 24 | | androst-1,4-dien-3-one), | 25 | | (xvii) desoxymethyltestosterone | 26 | | (17[alpha]-methyl-5[alpha] |
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| 1 | | -androst-2-en-17[beta]-ol)(a.k.a., madol), | 2 | | (xviii) [delta]1-dihydrotestosterone (a.k.a. | 3 | | '1-testosterone') (17[beta]-hydroxy- | 4 | | 5[alpha]-androst-1-en-3-one), | 5 | | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | 6 | | androstan-3-one), | 7 | | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | 8 | | 5[alpha]-androstan-3-one), | 9 | | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | 10 | | hydroxyestr-4-ene), | 11 | | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | 12 | | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | 13 | | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | 14 | | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | 15 | | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | 16 | | hydroxyandrostano[2,3-c]-furazan), | 17 | | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | 18 | | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | 19 | | androst-4-en-3-one), | 20 | | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | 21 | | dihydroxy-estr-4-en-3-one), | 22 | | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | 23 | | hydroxy-5-androstan-3-one), | 24 | | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | 25 | | [5a]-androstan-3-one), | 26 | | (xxx) methandienone (17[alpha]-methyl-17[beta]- |
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| 1 | | hydroxyandrost-1,4-dien-3-one), | 2 | | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | 3 | | dihydroxyandrost-5-ene), | 4 | | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | 5 | | 5[alpha]-androst-1-en-3-one), | 6 | | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | 7 | | dihydroxy-5a-androstane), | 8 | | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | 9 | | -5a-androstane), | 10 | | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | 11 | | dihydroxyandrost-4-ene), | 12 | | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | 13 | | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | 14 | | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | 15 | | hydroxyestra-4,9(10)-dien-3-one), | 16 | | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | 17 | | hydroxyestra-4,9-11-trien-3-one), | 18 | | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | 19 | | hydroxyandrost-4-en-3-one), | 20 | | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | 21 | | hydroxyestr-4-en-3-one), | 22 | | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | 23 | | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | 24 | | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | 25 | | 1-testosterone'), | 26 | | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), |
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| 1 | | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | 2 | | dihydroxyestr-4-ene), | 3 | | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | 4 | | dihydroxyestr-4-ene), | 5 | | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | 6 | | dihydroxyestr-5-ene), | 7 | | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | 8 | | dihydroxyestr-5-ene), | 9 | | (xlvii) 19-nor-4,9(10)-androstadienedione | 10 | | (estra-4,9(10)-diene-3,17-dione), | 11 | | (xlviii) 19-nor-4-androstenedione (estr-4- | 12 | | en-3,17-dione), | 13 | | (xlix) 19-nor-5-androstenedione (estr-5- | 14 | | en-3,17-dione), | 15 | | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | 16 | | hydroxygon-4-en-3-one), | 17 | | (li) norclostebol (4-chloro-17[beta]- | 18 | | hydroxyestr-4-en-3-one), | 19 | | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | 20 | | hydroxyestr-4-en-3-one), | 21 | | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | 22 | | hydroxyestr-4-en-3-one), | 23 | | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | 24 | | 2-oxa-5[alpha]-androstan-3-one), | 25 | | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | 26 | | dihydroxyandrost-4-en-3-one), |
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| 1 | | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | 2 | | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | 3 | | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | 4 | | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | 5 | | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | 6 | | (5[alpha]-androst-1-en-3-one), | 7 | | (lix) testolactone (13-hydroxy-3-oxo-13,17- | 8 | | secoandrosta-1,4-dien-17-oic | 9 | | acid lactone), | 10 | | (lx) testosterone (17[beta]-hydroxyandrost- | 11 | | 4-en-3-one), | 12 | | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | 13 | | diethyl-17[beta]-hydroxygon- | 14 | | 4,9,11-trien-3-one), | 15 | | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | 16 | | 11-trien-3-one).
| 17 | | Any person who is otherwise lawfully in possession of an | 18 | | anabolic
steroid, or who otherwise lawfully manufactures, | 19 | | distributes, dispenses,
delivers, or possesses with intent to | 20 | | deliver an anabolic steroid, which
anabolic steroid is | 21 | | expressly intended for and lawfully allowed to be
administered | 22 | | through implants to livestock or other nonhuman species, and
| 23 | | which is approved by the Secretary of Health and Human Services | 24 | | for such
administration, and which the person intends to | 25 | | administer or have
administered through such implants, shall | 26 | | not be considered to be in
unauthorized possession or to |
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| 1 | | unlawfully manufacture, distribute, dispense,
deliver, or | 2 | | possess with intent to deliver such anabolic steroid for
| 3 | | purposes of this Act.
| 4 | | (d) "Administration" means the Drug Enforcement | 5 | | Administration,
United States Department of Justice, or its | 6 | | successor agency.
| 7 | | (d-5) "Clinical Director, Prescription Monitoring Program" | 8 | | means a Department of Human Services administrative employee | 9 | | licensed to either prescribe or dispense controlled substances | 10 | | who shall run the clinical aspects of the Department of Human | 11 | | Services Prescription Monitoring Program and its Prescription | 12 | | Information Library. | 13 | | (d-10) "Compounding" means the preparation and mixing of | 14 | | components, excluding flavorings, (1) as the result of a | 15 | | prescriber's prescription drug order or initiative based on the | 16 | | prescriber-patient-pharmacist relationship in the course of | 17 | | professional practice or (2) for the purpose of, or incident | 18 | | to, research, teaching, or chemical analysis and not for sale | 19 | | or dispensing. "Compounding" includes the preparation of drugs | 20 | | or devices in anticipation of receiving prescription drug | 21 | | orders based on routine, regularly observed dispensing | 22 | | patterns. Commercially available products may be compounded | 23 | | for dispensing to individual patients only if both of the | 24 | | following conditions are met: (i) the commercial product is not | 25 | | reasonably available from normal distribution channels in a | 26 | | timely manner to meet the patient's needs and (ii) the |
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| 1 | | prescribing practitioner has requested that the drug be | 2 | | compounded. | 3 | | (e) "Control" means to add a drug or other substance, or | 4 | | immediate
precursor, to a Schedule whether by
transfer from | 5 | | another Schedule or otherwise.
| 6 | | (f) "Controlled Substance" means (i) a drug, substance, or | 7 | | immediate
precursor in the Schedules of Article II of this Act | 8 | | or (ii) a drug or other substance, or immediate precursor, | 9 | | designated as a controlled substance by the Department through | 10 | | administrative rule. The term does not include distilled | 11 | | spirits, wine, malt beverages, or tobacco, as those terms are
| 12 | | defined or used in the Liquor Control Act and the Tobacco | 13 | | Products Tax
Act.
| 14 | | (f-5) "Controlled substance analog" means a substance: | 15 | | (1) the chemical structure of which is substantially | 16 | | similar to the chemical structure of a controlled substance | 17 | | in Schedule I or II; | 18 | | (2) which has a stimulant, depressant, or | 19 | | hallucinogenic effect on the central nervous system that is | 20 | | substantially similar to or greater than the stimulant, | 21 | | depressant, or hallucinogenic effect on the central | 22 | | nervous system of a controlled substance in Schedule I or | 23 | | II; or | 24 | | (3) with respect to a particular person, which such | 25 | | person represents or intends to have a stimulant, | 26 | | depressant, or hallucinogenic effect on the central |
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| 1 | | nervous system that is substantially similar to or greater | 2 | | than the stimulant, depressant, or hallucinogenic effect | 3 | | on the central nervous system of a controlled substance in | 4 | | Schedule I or II. | 5 | | (g) "Counterfeit substance" means a controlled substance, | 6 | | which, or
the container or labeling of which, without | 7 | | authorization bears the
trademark, trade name, or other | 8 | | identifying mark, imprint, number or
device, or any likeness | 9 | | thereof, of a manufacturer, distributor, or
dispenser other | 10 | | than the person who in fact manufactured, distributed,
or | 11 | | dispensed the substance.
| 12 | | (h) "Deliver" or "delivery" means the actual, constructive | 13 | | or
attempted transfer of possession of a controlled substance, | 14 | | with or
without consideration, whether or not there is an | 15 | | agency relationship.
| 16 | | (i) "Department" means the Illinois Department of Human | 17 | | Services (as
successor to the Department of Alcoholism and | 18 | | Substance Abuse) or its successor agency.
| 19 | | (j) (Blank).
| 20 | | (k) "Department of Corrections" means the Department of | 21 | | Corrections
of the State of Illinois or its successor agency.
| 22 | | (l) "Department of Financial and Professional Regulation" | 23 | | means the Department
of Financial and Professional Regulation | 24 | | of the State of Illinois or its successor agency.
| 25 | | (m) "Depressant" means any drug that (i) causes an overall | 26 | | depression of central nervous system functions, (ii) causes |
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| 1 | | impaired consciousness and awareness, and (iii) can be | 2 | | habit-forming or lead to a substance abuse problem, including | 3 | | but not limited to alcohol, cannabis and its active principles | 4 | | and their analogs, benzodiazepines and their analogs, | 5 | | barbiturates and their analogs, opioids (natural and | 6 | | synthetic) and their analogs, and chloral hydrate and similar | 7 | | sedative hypnotics.
| 8 | | (n) (Blank).
| 9 | | (o) "Director" means the Director of the Illinois State | 10 | | Police or his or her designated agents.
| 11 | | (p) "Dispense" means to deliver a controlled substance to | 12 | | an
ultimate user or research subject by or pursuant to the | 13 | | lawful order of
a prescriber, including the prescribing, | 14 | | administering, packaging,
labeling, or compounding necessary | 15 | | to prepare the substance for that
delivery.
| 16 | | (q) "Dispenser" means a practitioner who dispenses.
| 17 | | (r) "Distribute" means to deliver, other than by | 18 | | administering or
dispensing, a controlled substance.
| 19 | | (s) "Distributor" means a person who distributes.
| 20 | | (t) "Drug" means (1) substances recognized as drugs in the | 21 | | official
United States Pharmacopoeia, Official Homeopathic | 22 | | Pharmacopoeia of the
United States, or official National | 23 | | Formulary, or any supplement to any
of them; (2) substances | 24 | | intended for use in diagnosis, cure, mitigation,
treatment, or | 25 | | prevention of disease in man or animals; (3) substances
(other | 26 | | than food) intended to affect the structure of any function of
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| 1 | | the body of man or animals and (4) substances intended for use | 2 | | as a
component of any article specified in clause (1), (2), or | 3 | | (3) of this
subsection. It does not include devices or their | 4 | | components, parts, or
accessories.
| 5 | | (t-5) "Euthanasia agency" means
an entity certified by the | 6 | | Department of Financial and Professional Regulation for the
| 7 | | purpose of animal euthanasia that holds an animal control | 8 | | facility license or
animal
shelter license under the Animal | 9 | | Welfare Act. A euthanasia agency is
authorized to purchase, | 10 | | store, possess, and utilize Schedule II nonnarcotic and
| 11 | | Schedule III nonnarcotic drugs for the sole purpose of animal | 12 | | euthanasia.
| 13 | | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 14 | | substances
(nonnarcotic controlled substances) that are used | 15 | | by a euthanasia agency for
the purpose of animal euthanasia.
| 16 | | (u) "Good faith" means the prescribing or dispensing of a | 17 | | controlled
substance by a practitioner in the regular course of | 18 | | professional
treatment to or for any person who is under his or | 19 | | her treatment for a
pathology or condition other than that | 20 | | individual's physical or
psychological dependence upon or | 21 | | addiction to a controlled substance,
except as provided herein: | 22 | | and application of the term to a pharmacist
shall mean the | 23 | | dispensing of a controlled substance pursuant to the
| 24 | | prescriber's order which in the professional judgment of the | 25 | | pharmacist
is lawful. The pharmacist shall be guided by | 26 | | accepted professional
standards including, but not limited to |
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| 1 | | the following, in making the
judgment:
| 2 | | (1) lack of consistency of prescriber-patient | 3 | | relationship,
| 4 | | (2) frequency of prescriptions for same drug by one | 5 | | prescriber for
large numbers of patients,
| 6 | | (3) quantities beyond those normally prescribed,
| 7 | | (4) unusual dosages (recognizing that there may be | 8 | | clinical circumstances where more or less than the usual | 9 | | dose may be used legitimately),
| 10 | | (5) unusual geographic distances between patient, | 11 | | pharmacist and
prescriber,
| 12 | | (6) consistent prescribing of habit-forming drugs.
| 13 | | (u-0.5) "Hallucinogen" means a drug that causes markedly | 14 | | altered sensory perception leading to hallucinations of any | 15 | | type. | 16 | | (u-1) "Home infusion services" means services provided by a | 17 | | pharmacy in
compounding solutions for direct administration to | 18 | | a patient in a private
residence, long-term care facility, or | 19 | | hospice setting by means of parenteral,
intravenous, | 20 | | intramuscular, subcutaneous, or intraspinal infusion.
| 21 | | (u-5) "Illinois State Police" means the State
Police of the | 22 | | State of Illinois, or its successor agency. | 23 | | (v) "Immediate precursor" means a substance:
| 24 | | (1) which the Department has found to be and by rule | 25 | | designated as
being a principal compound used, or produced | 26 | | primarily for use, in the
manufacture of a controlled |
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| 1 | | substance;
| 2 | | (2) which is an immediate chemical intermediary used or | 3 | | likely to
be used in the manufacture of such controlled | 4 | | substance; and
| 5 | | (3) the control of which is necessary to prevent, | 6 | | curtail or limit
the manufacture of such controlled | 7 | | substance.
| 8 | | (w) "Instructional activities" means the acts of teaching, | 9 | | educating
or instructing by practitioners using controlled | 10 | | substances within
educational facilities approved by the State | 11 | | Board of Education or
its successor agency.
| 12 | | (x) "Local authorities" means a duly organized State, | 13 | | County or
Municipal peace unit or police force.
| 14 | | (y) "Look-alike substance" means a substance, other than a | 15 | | controlled
substance which (1) by overall dosage unit | 16 | | appearance, including shape,
color, size, markings or lack | 17 | | thereof, taste, consistency, or any other
identifying physical | 18 | | characteristic of the substance, would lead a reasonable
person | 19 | | to believe that the substance is a controlled substance, or (2) | 20 | | is
expressly or impliedly represented to be a controlled | 21 | | substance or is
distributed under circumstances which would | 22 | | lead a reasonable person to
believe that the substance is a | 23 | | controlled substance. For the purpose of
determining whether | 24 | | the representations made or the circumstances of the
| 25 | | distribution would lead a reasonable person to believe the | 26 | | substance to be
a controlled substance under this clause (2) of |
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| 1 | | subsection (y), the court or
other authority may consider the | 2 | | following factors in addition to any other
factor that may be | 3 | | relevant:
| 4 | | (a) statements made by the owner or person in control | 5 | | of the substance
concerning its nature, use or effect;
| 6 | | (b) statements made to the buyer or recipient that the | 7 | | substance may
be resold for profit;
| 8 | | (c) whether the substance is packaged in a manner | 9 | | normally used for the
illegal distribution of controlled | 10 | | substances;
| 11 | | (d) whether the distribution or attempted distribution | 12 | | included an
exchange of or demand for money or other | 13 | | property as consideration, and
whether the amount of the | 14 | | consideration was substantially greater than the
| 15 | | reasonable retail market value of the substance.
| 16 | | Clause (1) of this subsection (y) shall not apply to a | 17 | | noncontrolled
substance in its finished dosage form that was | 18 | | initially introduced into
commerce prior to the initial | 19 | | introduction into commerce of a controlled
substance in its | 20 | | finished dosage form which it may substantially resemble.
| 21 | | Nothing in this subsection (y) prohibits the dispensing or | 22 | | distributing
of noncontrolled substances by persons authorized | 23 | | to dispense and
distribute controlled substances under this | 24 | | Act, provided that such action
would be deemed to be carried | 25 | | out in good faith under subsection (u) if the
substances | 26 | | involved were controlled substances.
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| 1 | | Nothing in this subsection (y) or in this Act prohibits the | 2 | | manufacture,
preparation, propagation, compounding, | 3 | | processing, packaging, advertising
or distribution of a drug or | 4 | | drugs by any person registered pursuant to
Section 510 of the | 5 | | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 6 | | (y-1) "Mail-order pharmacy" means a pharmacy that is | 7 | | located in a state
of the United States that delivers, | 8 | | dispenses or
distributes, through the United States Postal | 9 | | Service or other common
carrier, to Illinois residents, any | 10 | | substance which requires a prescription.
| 11 | | (z) "Manufacture" means the production, preparation, | 12 | | propagation,
compounding, conversion or processing of a | 13 | | controlled substance other than methamphetamine, either
| 14 | | directly or indirectly, by extraction from substances of | 15 | | natural origin,
or independently by means of chemical | 16 | | synthesis, or by a combination of
extraction and chemical | 17 | | synthesis, and includes any packaging or
repackaging of the | 18 | | substance or labeling of its container, except that
this term | 19 | | does not include:
| 20 | | (1) by an ultimate user, the preparation or compounding | 21 | | of a
controlled substance for his or her own use; or
| 22 | | (2) by a practitioner, or his or her authorized agent | 23 | | under his or her
supervision, the preparation, | 24 | | compounding, packaging, or labeling of a
controlled | 25 | | substance:
| 26 | | (a) as an incident to his or her administering or |
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| 1 | | dispensing of a
controlled substance in the course of | 2 | | his or her professional practice; or
| 3 | | (b) as an incident to lawful research, teaching or | 4 | | chemical
analysis and not for sale.
| 5 | | (z-1) (Blank).
| 6 | | (z-5) "Medication shopping" means the conduct prohibited | 7 | | under subsection (a) of Section 314.5 of this Act. | 8 | | (z-10) "Mid-level practitioner" means (i) a physician | 9 | | assistant who has been delegated authority to prescribe through | 10 | | a written delegation of authority by a physician licensed to | 11 | | practice medicine in all of its branches, in accordance with | 12 | | Section 7.5 of the Physician Assistant Practice Act of 1987, | 13 | | (ii) an advanced practice nurse who has been delegated | 14 | | authority to prescribe through a written delegation of | 15 | | authority by a physician licensed to practice medicine in all | 16 | | of its branches or by a podiatrist, in accordance with Section | 17 | | 65-40 of the Nurse Practice Act, or (iii) an animal euthanasia | 18 | | agency. | 19 | | (aa) "Narcotic drug" means any of the following, whether | 20 | | produced
directly or indirectly by extraction from substances | 21 | | of vegetable origin,
or independently by means of chemical | 22 | | synthesis, or by a combination of
extraction and chemical | 23 | | synthesis:
| 24 | | (1) opium, opiates, derivatives of opium and opiates, | 25 | | including their isomers, esters, ethers, salts, and salts | 26 | | of isomers, esters, and ethers, whenever the existence of |
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| 1 | | such isomers, esters, ethers, and salts is possible within | 2 | | the specific chemical designation; however the term | 3 | | "narcotic drug" does not include the isoquinoline | 4 | | alkaloids of opium;
| 5 | | (2) (blank);
| 6 | | (3) opium poppy and poppy straw;
| 7 | | (4) coca leaves, except coca leaves and extracts of | 8 | | coca leaves from which substantially all of the cocaine and | 9 | | ecgonine, and their isomers, derivatives and salts, have | 10 | | been removed;
| 11 | | (5) cocaine, its salts, optical and geometric isomers, | 12 | | and salts of isomers; | 13 | | (6) ecgonine, its derivatives, their salts, isomers, | 14 | | and salts of isomers; | 15 | | (7) any compound, mixture, or preparation which | 16 | | contains any quantity of any of the substances referred to | 17 | | in subparagraphs (1) through (6). | 18 | | (bb) "Nurse" means a registered nurse licensed under the
| 19 | | Nurse Practice Act.
| 20 | | (cc) (Blank).
| 21 | | (dd) "Opiate" means any substance having an addiction | 22 | | forming or
addiction sustaining liability similar to morphine | 23 | | or being capable of
conversion into a drug having addiction | 24 | | forming or addiction sustaining
liability.
| 25 | | (ee) "Opium poppy" means the plant of the species Papaver
| 26 | | somniferum L., except its seeds.
|
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| 1 | | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | 2 | | solution or other liquid form of medication intended for | 3 | | administration by mouth, but the term does not include a form | 4 | | of medication intended for buccal, sublingual, or transmucosal | 5 | | administration. | 6 | | (ff) "Parole and Pardon Board" means the Parole and Pardon | 7 | | Board of
the State of Illinois or its successor agency.
| 8 | | (gg) "Person" means any individual, corporation, | 9 | | mail-order pharmacy,
government or governmental subdivision or | 10 | | agency, business trust, estate,
trust, partnership or | 11 | | association, or any other entity.
| 12 | | (hh) "Pharmacist" means any person who holds a license or | 13 | | certificate of
registration as a registered pharmacist, a local | 14 | | registered pharmacist
or a registered assistant pharmacist | 15 | | under the Pharmacy Practice Act.
| 16 | | (ii) "Pharmacy" means any store, ship or other place in | 17 | | which
pharmacy is authorized to be practiced under the Pharmacy | 18 | | Practice Act.
| 19 | | (ii-5) "Pharmacy shopping" means the conduct prohibited | 20 | | under subsection (b) of Section 314.5 of this Act. | 21 | | (ii-10) "Physician" (except when the context otherwise | 22 | | requires) means a person licensed to practice medicine in all | 23 | | of its branches. | 24 | | (jj) "Poppy straw" means all parts, except the seeds, of | 25 | | the opium
poppy, after mowing.
| 26 | | (kk) "Practitioner" means a physician licensed to practice |
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| 1 | | medicine in all
its branches, dentist, optometrist, | 2 | | podiatrist,
veterinarian, scientific investigator, pharmacist, | 3 | | physician assistant,
advanced practice nurse,
licensed | 4 | | practical
nurse, registered nurse, hospital, laboratory, or | 5 | | pharmacy, or other
person licensed, registered, or otherwise | 6 | | lawfully permitted by the
United States or this State to | 7 | | distribute, dispense, conduct research
with respect to, | 8 | | administer or use in teaching or chemical analysis, a
| 9 | | controlled substance in the course of professional practice or | 10 | | research.
| 11 | | (ll) "Pre-printed prescription" means a written | 12 | | prescription upon which
the designated drug has been indicated | 13 | | prior to the time of issuance; the term does not mean a written | 14 | | prescription that is individually generated by machine or | 15 | | computer in the prescriber's office.
| 16 | | (mm) "Prescriber" means a physician licensed to practice | 17 | | medicine in all
its branches, dentist, optometrist, podiatrist | 18 | | or
veterinarian who issues a prescription, a physician | 19 | | assistant who
issues a
prescription for a controlled substance
| 20 | | in accordance
with Section 303.05, a written delegation, and a | 21 | | written supervision agreement required under Section 7.5
of the
| 22 | | Physician Assistant Practice Act of 1987, or an advanced | 23 | | practice
nurse with prescriptive authority delegated under | 24 | | Section 65-40 of the Nurse Practice Act and in accordance with | 25 | | Section 303.05, a written delegation,
and a written
| 26 | | collaborative agreement under Section 65-35 of the Nurse |
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| 1 | | Practice Act.
| 2 | | (nn) "Prescription" means a written, facsimile, or oral | 3 | | order, or an electronic order that complies with applicable | 4 | | federal requirements,
of
a physician licensed to practice | 5 | | medicine in all its branches,
dentist, podiatrist or | 6 | | veterinarian for any controlled
substance, of an optometrist | 7 | | for a Schedule III, IV, or V controlled substance in accordance | 8 | | with Section 15.1 of the Illinois Optometric Practice Act of | 9 | | 1987, of a physician assistant for a
controlled substance
in | 10 | | accordance with Section 303.05, a written delegation, and a | 11 | | written supervision agreement required under
Section 7.5 of the
| 12 | | Physician Assistant Practice Act of 1987, or of an advanced | 13 | | practice
nurse with prescriptive authority delegated under | 14 | | Section 65-40 of the Nurse Practice Act who issues a | 15 | | prescription for a
controlled substance in accordance
with
| 16 | | Section 303.05, a written delegation, and a written | 17 | | collaborative agreement under Section 65-35 of the Nurse | 18 | | Practice Act when required by law.
| 19 | | (nn-5) "Prescription Information Library" (PIL) means an | 20 | | electronic library that contains reported controlled substance | 21 | | data. | 22 | | (nn-10) "Prescription Monitoring Program" (PMP) means the | 23 | | entity that collects, tracks, and stores reported data on | 24 | | controlled substances and select drugs pursuant to Section 316. | 25 | | (nn-11) "Prescription Monitoring Program Advisory | 26 | | Committee" (PMPAC) means a committee of voting members |
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| 1 | | consisting of licensed healthcare providers representing all | 2 | | professions who are licensed to prescribe or dispense | 3 | | controlled substances. The Chairperson of the PMPAC may appoint | 4 | | non-licensed persons who are associated with professional | 5 | | organizations representing licensed healthcare providers to | 6 | | ensure dissemination of information. The Committee shall serve | 7 | | in a consultant context regarding longitudinal evaluations of | 8 | | compliance with evidence based clinical practice and the | 9 | | prescribing of controlled substances. The Committee shall make | 10 | | recommendations regarding scheduling of controlled substances | 11 | | and recommendations concerning continuing education designed | 12 | | at improving the health and safety of the citizens of Illinois | 13 | | regarding pharmacotherapies of controlled substances. | 14 | | (oo) "Production" or "produce" means manufacture, | 15 | | planting,
cultivating, growing, or harvesting of a controlled | 16 | | substance other than methamphetamine.
| 17 | | (pp) "Registrant" means every person who is required to | 18 | | register
under Section 302 of this Act.
| 19 | | (qq) "Registry number" means the number assigned to each | 20 | | person
authorized to handle controlled substances under the | 21 | | laws of the United
States and of this State.
| 22 | | (qq-5) "Secretary" means, as the context requires, either | 23 | | the Secretary of the Department or the Secretary of the | 24 | | Department of Financial and Professional Regulation, and the | 25 | | Secretary's designated agents. | 26 | | (rr) "State" includes the State of Illinois and any state, |
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| 1 | | district,
commonwealth, territory, insular possession thereof, | 2 | | and any area
subject to the legal authority of the United | 3 | | States of America.
| 4 | | (rr-5) "Stimulant" means any drug that (i) causes an | 5 | | overall excitation of central nervous system functions, (ii) | 6 | | causes impaired consciousness and awareness, and (iii) can be | 7 | | habit-forming or lead to a substance abuse problem, including | 8 | | but not limited to amphetamines and their analogs, | 9 | | methylphenidate and its analogs, cocaine, and phencyclidine | 10 | | and its analogs. | 11 | | (ss) "Ultimate user" means a person who lawfully possesses | 12 | | a
controlled substance for his or her own use or for the use of | 13 | | a member of his or her
household or for administering to an | 14 | | animal owned by him or her or by a member
of his or her | 15 | | household.
| 16 | | (Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09; | 17 | | 97-334, eff. 1-1-12 .)
| 18 | | (720 ILCS 570/206) (from Ch. 56 1/2, par. 1206)
| 19 | | Sec. 206. (a) The controlled substances listed in this | 20 | | Section are
included in Schedule II.
| 21 | | (b) Unless specifically excepted or unless listed in | 22 | | another
schedule, any of the following substances whether | 23 | | produced directly or
indirectly by extraction from substances | 24 | | of vegetable origin, or
independently by means of chemical | 25 | | synthesis, or by combination of
extraction and chemical |
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| 1 | | synthesis:
| 2 | | (1) Opium and opiates, and any salt, compound, | 3 | | derivative or
preparation of opium or opiate, excluding | 4 | | apomorphine, dextrorphan,
levopropoxyphene,
nalbuphine, | 5 | | nalmefene, naloxone, and naltrexone, and their respective
| 6 | | salts, but including the following:
| 7 | | (i) Raw Opium;
| 8 | | (ii) Opium extracts;
| 9 | | (iii) Opium fluid extracts;
| 10 | | (iv) Powdered opium;
| 11 | | (v) Granulated opium;
| 12 | | (vi) Tincture of opium;
| 13 | | (vii) Codeine;
| 14 | | (viii) Ethylmorphine;
| 15 | | (ix) Etorphine Hydrochloride;
| 16 | | (x) Hydrocodone;
| 17 | | (xi) Hydromorphone;
| 18 | | (xii) Metopon;
| 19 | | (xiii) Morphine;
| 20 | | (xiv) Oxycodone;
| 21 | | (xv) Oxymorphone;
| 22 | | (xv.5) Tapentadol;
| 23 | | (xvi) Thebaine;
| 24 | | (xvii) Thebaine-derived butorphanol.
| 25 | | (xviii) Dextromethorphan, except drug products | 26 | | that may be dispensed pursuant to a prescription order |
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| 1 | | of a practitioner and are sold in compliance with the | 2 | | safety and labeling standards as set forth by the | 3 | | United States Food and Drug Administration, or drug | 4 | | products containing dextromethorphan that are sold in | 5 | | solid, tablet, liquid, capsule, powder, thin film, or | 6 | | gel form and which are formulated, packaged, and sold | 7 | | in dosages and concentrations for use as an | 8 | | over-the-counter drug product. For the purposes of | 9 | | this Section, "over-the-counter drug product" means a | 10 | | drug that is available to consumers without a | 11 | | prescription and sold in compliance with the safety and | 12 | | labeling standards as set forth by the United States | 13 | | Food and Drug Administration.
| 14 | | (2) Any salt, compound, isomer, derivative or | 15 | | preparation thereof
which is chemically equivalent or | 16 | | identical with any of the substances
referred to in | 17 | | subparagraph (1), but not including the isoquinoline
| 18 | | alkaloids of opium;
| 19 | | (3) Opium poppy and poppy straw;
| 20 | | (4) Coca leaves and any salt, compound, isomer, salt of | 21 | | an isomer,
derivative, or preparation of coca leaves | 22 | | including cocaine or ecgonine,
and any salt, compound, | 23 | | isomer, derivative, or preparation thereof which is
| 24 | | chemically equivalent or identical with any of these | 25 | | substances, but not
including decocainized coca leaves or | 26 | | extractions of coca leaves which do
not contain cocaine or |
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| 1 | | ecgonine (for the purpose of this paragraph, the
term | 2 | | "isomer" includes optical, positional and geometric | 3 | | isomers);
| 4 | | (5) Concentrate of poppy straw (the crude extract of | 5 | | poppy straw in
either liquid, solid or powder form which | 6 | | contains the phenanthrine
alkaloids of the opium poppy).
| 7 | | (c) Unless specifically excepted or unless listed in | 8 | | another
schedule any of the following opiates, including their | 9 | | isomers, esters,
ethers, salts, and salts of isomers, whenever | 10 | | the existence of these
isomers, esters, ethers and salts is | 11 | | possible within the specific
chemical designation, dextrorphan | 12 | | excepted:
| 13 | | (1) Alfentanil;
| 14 | | (1.1) Carfentanil;
| 15 | | (2) Alphaprodine;
| 16 | | (3) Anileridine;
| 17 | | (4) Bezitramide;
| 18 | | (5) Bulk Dextropropoxyphene (non-dosage forms);
| 19 | | (6) Dihydrocodeine;
| 20 | | (6.5) Dihydrocodeinone (Hydrocodone), with one or more | 21 | | active, non-narcotic ingredients in regional therapeutic | 22 | | amounts;
| 23 | | (7) Diphenoxylate;
| 24 | | (8) Fentanyl;
| 25 | | (9) Sufentanil;
| 26 | | (9.5) Remifentanil;
|
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| 1 | | (10) Isomethadone;
| 2 | | (11) Levomethorphan;
| 3 | | (12) Levorphanol (Levorphan);
| 4 | | (13) Metazocine;
| 5 | | (14) Methadone;
| 6 | | (15) Methadone-Intermediate,
| 7 | | 4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
| 8 | | (16) Moramide-Intermediate,
| 9 | | 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
| 10 | | acid;
| 11 | | (17) Pethidine (meperidine);
| 12 | | (18) Pethidine-Intermediate-A,
| 13 | | 4-cyano-1-methyl-4-phenylpiperidine;
| 14 | | (19) Pethidine-Intermediate-B,
| 15 | | ethyl-4-phenylpiperidine-4-carboxylate;
| 16 | | (20) Pethidine-Intermediate-C,
| 17 | | 1-methyl-4-phenylpiperidine-4-carboxylic acid;
| 18 | | (21) Phenazocine;
| 19 | | (22) Piminodine;
| 20 | | (23) Racemethorphan;
| 21 | | (24) Racemorphan;
| 22 | | (25) Levo-alphacetylmethadol (some other names:
| 23 | | levo-alpha-acetylmethadol,
levomethadyl acetate, LAAM).
| 24 | | (d) Unless specifically excepted or unless listed in | 25 | | another
schedule, any material, compound, mixture, or | 26 | | preparation which contains
any quantity of the following |
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| 1 | | substances having a stimulant effect on
the central nervous | 2 | | system:
| 3 | | (1) Amphetamine, its salts, optical isomers, and salts | 4 | | of its
optical isomers;
| 5 | | (2) Methamphetamine, its salts, isomers, and salts of | 6 | | its isomers;
| 7 | | (3) Phenmetrazine and its salts;
| 8 | | (4) Methylphenidate;
| 9 | | (5) Lisdexamfetamine. | 10 | | (e) Unless specifically excepted or unless listed in | 11 | | another
schedule, any material, compound, mixture, or | 12 | | preparation which contains
any quantity of the following | 13 | | substances having a depressant effect on
the central nervous | 14 | | system, including its salts, isomers, and salts of
isomers | 15 | | whenever the existence of such salts, isomers, and salts of
| 16 | | isomers is possible within the specific chemical designation:
| 17 | | (1) Amobarbital;
| 18 | | (2) Secobarbital;
| 19 | | (3) Pentobarbital;
| 20 | | (4) Pentazocine;
| 21 | | (5) Phencyclidine;
| 22 | | (6) Gluthethimide;
| 23 | | (7) (Blank).
| 24 | | (f) Unless specifically excepted or unless listed in | 25 | | another schedule,
any material, compound, mixture, or | 26 | | preparation which contains any quantity
of the following |
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| 1 | | substances:
| 2 | | (1) Immediate precursor to amphetamine and | 3 | | methamphetamine:
| 4 | | (i) Phenylacetone
| 5 | | Some trade or other names: phenyl-2-propanone;
| 6 | | P2P; benzyl methyl ketone; methyl benzyl ketone.
| 7 | | (2) Immediate precursors to phencyclidine:
| 8 | | (i) 1-phenylcyclohexylamine;
| 9 | | (ii) 1-piperidinocyclohexanecarbonitrile (PCC).
| 10 | | (3) Nabilone.
| 11 | | (Source: P.A. 97-334, eff. 1-1-12.)
| 12 | | (720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
| 13 | | Sec. 208.
(a) The controlled substances listed in this | 14 | | Section are
included in Schedule III.
| 15 | | (b) Unless specifically excepted or unless listed in | 16 | | another
schedule, any material, compound, mixture, or | 17 | | preparation which contains
any quantity of the following | 18 | | substances having a stimulant effect on
the central nervous | 19 | | system, including its salts, isomers (whether
optical | 20 | | position, or geometric), and salts of such isomers whenever the
| 21 | | existence of such salts, isomers, and salts of isomers is | 22 | | possible
within the specific chemical designation;
| 23 | | (1) Those compounds, mixtures, or preparations in | 24 | | dosage unit form
containing any stimulant substances | 25 | | listed in Schedule II which
compounds, mixtures, or |
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| 1 | | preparations were listed on August 25, 1971, as
excepted | 2 | | compounds under Title 21, Code of Federal Regulations, | 3 | | Section
308.32, and any other drug of the quantitative | 4 | | composition shown in that
list for those drugs or which is | 5 | | the same except that it contains a
lesser quantity of | 6 | | controlled substances;
| 7 | | (2) Benzphetamine;
| 8 | | (3) Chlorphentermine;
| 9 | | (4) Clortermine;
| 10 | | (5) Phendimetrazine.
| 11 | | (c) Unless specifically excepted or unless listed in | 12 | | another
schedule, any material, compound, mixture, or | 13 | | preparation which contains
any quantity of the following | 14 | | substances having a potential for abuse
associated with a | 15 | | depressant effect on the central nervous system:
| 16 | | (1) Any compound, mixture, or preparation containing | 17 | | amobarbital,
secobarbital, pentobarbital or any salt | 18 | | thereof and one or more other
active medicinal ingredients | 19 | | which are not listed in any schedule;
| 20 | | (2) Any suppository dosage form containing | 21 | | amobarbital,
secobarbital, pentobarbital or any salt of | 22 | | any of these drugs and
approved by the Federal Food and | 23 | | Drug Administration for marketing only
as a suppository;
| 24 | | (3) Any substance which contains any quantity of a | 25 | | derivative of
barbituric acid, or any salt thereof:
| 26 | | (3.1) Aprobarbital; |
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| 1 | | (3.2) Butabarbital (secbutabarbital); | 2 | | (3.3) Butalbital; | 3 | | (3.4) Butobarbital (butethal);
| 4 | | (4) Chlorhexadol;
| 5 | | (5) Methyprylon;
| 6 | | (6) Sulfondiethylmethane;
| 7 | | (7) Sulfonethylmethane;
| 8 | | (8) Sulfonmethane;
| 9 | | (9) Lysergic acid;
| 10 | | (10) Lysergic acid amide;
| 11 | | (10.1) Tiletamine or zolazepam or both, or any salt of | 12 | | either of them.
| 13 | | Some trade or other names for a tiletamine-zolazepam
| 14 | | combination product: Telazol.
| 15 | | Some trade or other names for Tiletamine:
| 16 | | 2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
| 17 | | Some trade or other names for zolazepam:
| 18 | | 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
| 19 | | [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
| 20 | | (11) Any material, compound, mixture or preparation | 21 | | containing not more
than 12.5 milligrams of pentazocine or | 22 | | any of its salts, per 325 milligrams of
aspirin;
| 23 | | (12) Any material, compound, mixture or preparation | 24 | | containing not
more than 12.5 milligrams of pentazocine or | 25 | | any of its salts, per 325
milligrams of acetaminophen;
| 26 | | (13) Any material, compound, mixture or preparation |
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| 1 | | containing not more
than 50 milligrams of pentazocine or | 2 | | any of its salts plus naloxone HCl USP
0.5 milligrams, per | 3 | | dosage unit;
| 4 | | (14) Ketamine;
| 5 | | (15) Thiopental. | 6 | | (d) Nalorphine.
| 7 | | (d.5) Buprenorphine. | 8 | | (e) Unless specifically excepted or unless listed in | 9 | | another
schedule, any material, compound, mixture, or | 10 | | preparation containing
limited quantities of any of the | 11 | | following narcotic drugs, or their salts
calculated as the free | 12 | | anhydrous base or alkaloid, as set forth below:
| 13 | | (1) not more than 1.8 grams of codeine per 100
| 14 | | milliliters or not more than 90 milligrams per dosage unit, | 15 | | with an
equal or greater quantity of an isoquinoline | 16 | | alkaloid of opium;
| 17 | | (2) not more than 1.8 grams of codeine per 100
| 18 | | milliliters or not more than 90 milligrams per dosage unit, | 19 | | with one or
more active non-narcotic ingredients in | 20 | | recognized therapeutic amounts;
| 21 | | (3) (blank) not more than 300 milligrams of | 22 | | dihydrocodeinone per 100 milliliters
or not more than 15 | 23 | | milligrams per dosage
unit, with a fourfold or greater | 24 | | quantity of an isoquinoline alkaloid of
opium ;
| 25 | | (4) (blank) not more than 300 milligrams of | 26 | | dihydrocodeinone per 100 milliliters
or not more than 15 |
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| 1 | | milligrams per dosage
unit, with one or more active, | 2 | | non-narcotic ingredients in recognized
therapeutic | 3 | | amounts ;
| 4 | | (5) not more than 1.8 grams of dihydrocodeine
per 100 | 5 | | milliliters or not more than 90 milligrams per dosage unit, | 6 | | with
one or more active, non-narcotic ingredients in | 7 | | recognized therapeutic
amounts;
| 8 | | (6) not more than 300 milligrams of ethylmorphine per | 9 | | 100 milliliters
or not more than 15 milligrams per dosage
| 10 | | unit, with one or more active, non-narcotic ingredients in | 11 | | recognized
therapeutic amounts;
| 12 | | (7) not more than 500 milligrams of opium per 100 | 13 | | milliliters or per
100 grams, or not more than 25 | 14 | | milligrams per dosage unit, with one or
more active, | 15 | | non-narcotic ingredients in recognized therapeutic | 16 | | amounts;
| 17 | | (8) not more than 50 milligrams of morphine
per 100 | 18 | | milliliters or per 100 grams with one or more active,
| 19 | | non-narcotic ingredients in recognized therapeutic | 20 | | amounts.
| 21 | | (f) Anabolic steroids, except the following anabolic | 22 | | steroids that are
exempt:
| 23 | | (1) Androgyn L.A.;
| 24 | | (2) Andro-Estro 90-4;
| 25 | | (3) depANDROGYN;
| 26 | | (4) DEPO-T.E.;
|
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| 1 | | (5) depTESTROGEN;
| 2 | | (6) Duomone;
| 3 | | (7) DURATESTRIN;
| 4 | | (8) DUO-SPAN II;
| 5 | | (9) Estratest;
| 6 | | (10) Estratest H.S.;
| 7 | | (11) PAN ESTRA TEST;
| 8 | | (12) Premarin with Methyltestosterone;
| 9 | | (13) TEST-ESTRO Cypionates;
| 10 | | (14) Testosterone Cyp 50 Estradiol Cyp 2;
| 11 | | (15) Testosterone Cypionate-Estradiol Cypionate | 12 | | injection; and
| 13 | | (16) Testosterone Enanthate-Estradiol Valerate | 14 | | injection.
| 15 | | (g) Hallucinogenic
substances.
| 16 | | (1) Dronabinol (synthetic) in sesame oil and | 17 | | encapsulated in a soft
gelatin capsule in a U.S.
Food and | 18 | | Drug Administration approved product. Some other names for
| 19 | | dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
| 20 | | 6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d)
pyran-1-ol) or | 21 | | (-)-delta-9-(trans)-tetrahydrocannabinol.
| 22 | | (2) (Reserved).
| 23 | | (h) The Department may except by rule any compound, | 24 | | mixture, or
preparation containing any stimulant or depressant | 25 | | substance listed in
subsection (b) from the application of all | 26 | | or any part of this
Act if the compound, mixture, or |
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| 1 | | preparation contains one or more active
medicinal ingredients | 2 | | not having a stimulant or depressant effect on the
central | 3 | | nervous system, and if the admixtures are included therein in
| 4 | | combinations, quantity, proportion, or concentration that | 5 | | vitiate the
potential for abuse of the substances which have a | 6 | | stimulant or
depressant effect on the central nervous system.
| 7 | | (Source: P.A. 96-328, eff. 8-11-09; 96-1000, eff. 7-2-10; | 8 | | 97-334, eff. 1-1-12.)
| 9 | | (720 ILCS 570/311.5) | 10 | | Sec. 311.5. Electronic prescriptions for controlled | 11 | | substances. Notwithstanding any other Section in this Act, a | 12 | | prescriber who is otherwise authorized to prescribe controlled | 13 | | substances in Illinois may issue an electronic prescription for | 14 | | Schedule II, III, IV, and V controlled substances if done in | 15 | | accordance with the federal rules for electronic prescriptions | 16 | | for controlled substances, as set forth in 21 C.F.R. Parts | 17 | | 1300, 1304, 1306, and 1311, as amended. To ensure validity of | 18 | | orders, as of January 1, 2015 each Schedule II prescription | 19 | | must be issued via electronic prescribing. All electronic | 20 | | prescribing must pass through the Prescription Monitoring | 21 | | Program portal, to establish an audit trail regarding the | 22 | | eventual dispensing of the medication.
| 23 | | (Source: P.A. 97-334, eff. 1-1-12.) | 24 | | (720 ILCS 570/314.5) |
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| 1 | | Sec. 314.5. Medication shopping; pharmacy shopping. | 2 | | (a) It shall be unlawful for any person knowingly or | 3 | | intentionally to fraudulently obtain or fraudulently seek to | 4 | | obtain any controlled substance or prescription for a | 5 | | controlled substance from a prescriber or dispenser while being | 6 | | supplied with any controlled substance or prescription for a | 7 | | controlled substance by another prescriber or dispenser, | 8 | | without disclosing the fact of the existing controlled | 9 | | substance or prescription for a controlled substance to the | 10 | | prescriber or dispenser from whom the subsequent controlled | 11 | | substance or prescription for a controlled substance is sought. | 12 | | (b) It shall be unlawful for a person knowingly or | 13 | | intentionally to fraudulently obtain or fraudulently seek to | 14 | | obtain any controlled substance from a pharmacy while being | 15 | | supplied with any controlled substance by another pharmacy, | 16 | | without disclosing the fact of the existing controlled | 17 | | substance to the pharmacy from which the subsequent controlled | 18 | | substance is sought. | 19 | | (c) A person may be in violation of Section 3.23 of the | 20 | | Illinois Food, Drug and Cosmetic Act when medication shopping | 21 | | or pharmacy shopping, or both. | 22 | | (d) When a person has been identified as having 6 or more | 23 | | prescribers or 6 or more pharmacies, or both, that do not | 24 | | utilize a common electronic file as specified in Section 20 of | 25 | | the Pharmacy Practice Act for controlled substances within the | 26 | | course of a continuous 30-day period, the Prescription |
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| 1 | | Monitoring Program may issue an unsolicited report to the | 2 | | prescribers informing them of the potential medication | 3 | | shopping. | 4 | | (e) (Blank). Nothing in this Section shall be construed to | 5 | | create a requirement that any prescriber, dispenser, or | 6 | | pharmacist request any patient medication disclosure, report | 7 | | any patient activity, or prescribe or refuse to prescribe or | 8 | | dispense any medications. | 9 | | (f) This Section shall not be construed to apply to | 10 | | inpatients or residents at hospitals or other institutions or | 11 | | to institutional pharmacies.
| 12 | | (Source: P.A. 97-334, eff. 1-1-12.) | 13 | | (720 ILCS 570/314.6 new) | 14 | | Sec. 314.6. Reporting to the Department of Financial and | 15 | | Professional Regulation of consistent issuance of unsolicited | 16 | | reports. | 17 | | (a) Upon review by the Prescription Monitoring Program | 18 | | Advisory Committee of prescribers who have not registered as | 19 | | Prescription Monitoring Program users, the Committee by means | 20 | | of an intergovernmental agreement shall generate a file of | 21 | | information regarding these practitioners with consistently | 22 | | high numbers of patients with multiple prescribers which shall | 23 | | be submitted to the Department of Financial and Professional | 24 | | Regulation. | 25 | | (b) Upon review by the Prescription Monitoring Program |
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| 1 | | Advisory Committee practitioners who are registered users but | 2 | | have failed to use their access and who have numerous patients | 3 | | with multiple prescribers may also be placed on a computer | 4 | | generated report by the Committee under an intergovernmental | 5 | | agreement; which report shall be submitted to the Department of | 6 | | Financial and Professional Regulation.
| 7 | | (720 ILCS 570/316)
| 8 | | Sec. 316. Prescription monitoring program. | 9 | | (a) The Department must provide for a
prescription | 10 | | monitoring program for Schedule II, III, IV, and V controlled | 11 | | substances , the purpose of which is to develop a clinical tool | 12 | | to assist healthcare providers in preventing accidental | 13 | | overdoses or duplications of controlled substances to the | 14 | | patients they are treating. The Program shall include that | 15 | | includes the following components and requirements:
| 16 | | (1) The
dispenser must transmit to the
central | 17 | | repository, in a form and manner specified by the | 18 | | Department, the following information:
| 19 | | (A) The recipient's name.
| 20 | | (B) The recipient's address.
| 21 | | (C) The national drug code number of the controlled
| 22 | | substance
dispensed.
| 23 | | (D) The date the controlled substance is | 24 | | dispensed.
| 25 | | (E) The quantity of the controlled substance |
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| 1 | | dispensed.
| 2 | | (F) The dispenser's United States Drug Enforcement | 3 | | Administration
registration number.
| 4 | | (G) The prescriber's United States Drug | 5 | | Enforcement Administration
registration number.
| 6 | | (H) The dates the controlled substance | 7 | | prescription is filled. | 8 | | (I) The payment type used to purchase the | 9 | | controlled substance (i.e. Medicaid, cash, third party | 10 | | insurance). | 11 | | (J) The patient location code (i.e. home, nursing | 12 | | home, outpatient, etc.) for the controlled substances | 13 | | other than those filled at a retail pharmacy. | 14 | | (K) Any additional information that may be | 15 | | required by the department by administrative rule, | 16 | | including but not limited to information required for | 17 | | compliance with the criteria for electronic reporting | 18 | | of the American Society for Automation and Pharmacy or | 19 | | its successor.
| 20 | | (2) The information required to be transmitted under | 21 | | this Section must be
transmitted not more than 7 days after | 22 | | the date on which a
controlled substance is dispensed, or | 23 | | at such other time as may be required by the Department by | 24 | | administrative rule.
| 25 | | (3) A dispenser must transmit the information required | 26 | | under this Section
by:
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| 1 | | (A) an electronic device compatible with the | 2 | | receiving device of the
central repository;
| 3 | | (B) a computer diskette;
| 4 | | (C) a magnetic tape; or
| 5 | | (D) a pharmacy universal claim form or Pharmacy | 6 | | Inventory Control form;
| 7 | | (4) The Department may impose a civil fine of up to | 8 | | $100 per day for willful failure to report controlled | 9 | | substance dispensing to the Prescription Monitoring | 10 | | Program. The fine shall be calculated on no more than the | 11 | | number of days from the time the report was required to be | 12 | | made until the time the problem was resolved, and shall be | 13 | | payable to the Prescription Monitoring Program.
| 14 | | (b) The Department, by rule, may include in the monitoring | 15 | | program certain other select drugs that are not included in | 16 | | Schedule II, III, IV, or V. The prescription monitoring program | 17 | | does not apply to
controlled substance prescriptions as | 18 | | exempted under Section
313.
| 19 | | (c) The collection of data on select drugs and scheduled | 20 | | substances by the Prescription Monitoring Program may be used | 21 | | as a tool for addressing oversight requirements of long-term | 22 | | care institutions as set forth by Public Act 96-1372. Long-term | 23 | | care pharmacies shall transmit patient medication profiles to | 24 | | the Prescription Monitoring Program monthly or more frequently | 25 | | as established by administrative rule. | 26 | | (d) By January 1, 2015, all Electronic Health Records |
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| 1 | | Systems must interface with the Prescription Monitoring | 2 | | Program application program interface to insure that all | 3 | | providers have access to specific patient records as they are | 4 | | treating the patient. | 5 | | (Source: P.A. 97-334, eff. 1-1-12.)
| 6 | | (720 ILCS 570/317.5 new) | 7 | | Sec. 317.5. Access to the Prescription Monitoring Program | 8 | | Database. | 9 | | (a) All licensed prescribers of controlled substances may | 10 | | register for individual access to the Prescription Monitoring | 11 | | Program, where the data is to be used in treating their | 12 | | patients. | 13 | | (b) Those licensed prescribers who have registered to | 14 | | access the Prescription Monitoring Program, may authorize a | 15 | | designee to consult the Prescription Monitoring Program on | 16 | | their behalf. The practitioner assumes all liability from that | 17 | | authorization. The Prescription Monitoring Program Advisory | 18 | | Committee shall draft rules with reasonable parameters | 19 | | concerning a practitioner's authority to authorize a designee. | 20 | | (c) Any Electronic Medical Records System may apply for | 21 | | access to the Prescription Monitoring Program on behalf of | 22 | | their enrolled practitioners. | 23 | | (d) A Pharmacist-in-charge (PIC), pharmacist intern or his | 24 | | or her designee (which includes another pharmacist, pharmacist | 25 | | intern, or other individual as may be permitted by |
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| 1 | | administrative rules) may register for individual access to the | 2 | | Prescription Monitoring Program. | 3 | | (e) Any Pharmacy Electronic Record System may apply for | 4 | | access to the Prescription Monitoring Program on behalf of | 5 | | their enrolled pharmacies to streamline access to patient | 6 | | specific data to address provision of pharmaceutical care. | 7 | | (f) Prescribers, pharmacists, or persons acting on their | 8 | | behalf, in good faith, are immune from any recourse (civil | 9 | | liability) arising from any false, incomplete or inaccurate | 10 | | information submitted to or reported to the Prescription | 11 | | Monitoring Program registry.
| 12 | | (720 ILCS 570/319)
| 13 | | Sec. 319. Rules. The Department must adopt rules under the | 14 | | Illinois
Administrative
Procedure Act to
implement Sections | 15 | | 314.6, 316 through 321, including the following:
| 16 | | (1) Information collection and retrieval procedures | 17 | | for the central
repository, including the
controlled | 18 | | substances to be included in
the program
required under | 19 | | Section 316 and Section 321 (now repealed).
| 20 | | (2) Design for the creation of the database required | 21 | | under Section
317.
| 22 | | (3) Requirements for the development and installation | 23 | | of on-line
electronic access by the Department to | 24 | | information collected by the
central repository. | 25 | | (4) The process for choosing members for the advisory |
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| 1 | | committee, the clinical consulting long term care advisory | 2 | | committee, and the clinical outcomes research group under | 3 | | the direction of the Prescription Monitoring Program | 4 | | Clinical Director.
| 5 | | (Source: P.A. 97-334, eff. 1-1-12.)
| 6 | | (720 ILCS 570/320)
| 7 | | Sec. 320. Advisory committee.
| 8 | | (a) The Secretary of the Department of Human Services must | 9 | | appoint an advisory committee to
assist the Department in | 10 | | implementing the controlled substance
prescription
monitoring | 11 | | program created by Section 316 and former Section 321 of this | 12 | | Act.
The Advisory Committee consists of prescribers and | 13 | | dispensers.
| 14 | | (b) The Secretary of the Department of Human Services or | 15 | | his or her designee must determine the number of members to
| 16 | | serve on the advisory committee. The Chair of the Prescription | 17 | | Monitoring Program Advisory Committee and the other clinical | 18 | | consulting committees shall be the Prescription Monitoring | 19 | | Program Clinical Director Secretary must choose one of the | 20 | | members
of the advisory committee to serve as chair of the | 21 | | committee .
| 22 | | (c) The advisory committee may appoint its other officers | 23 | | as it deems
appropriate.
| 24 | | (d) The members of the advisory committee shall receive no | 25 | | compensation for
their services as members of the advisory |
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| 1 | | committee but may be reimbursed for
their actual expenses | 2 | | incurred in serving on the advisory committee.
| 3 | | (e) The advisory committee shall: | 4 | | (1) provide a uniform approach to reviewing this Act in | 5 | | order to determine whether changes should be recommended to | 6 | | the General Assembly. | 7 | | (2) review current drug schedules in order to manage | 8 | | changes to the administrative rules pertaining to the | 9 | | utilization of this Act. | 10 | | (Source: P.A. 97-334, eff. 1-1-12.)
| 11 | | (720 ILCS 570/320.5 new) | 12 | | Sec. 320.5. Continuing Education Recommendations. | 13 | | (a) The Prescription Monitoring Program Advisory Committee | 14 | | shall report to the Director of the Division of Alcoholism and | 15 | | Substance Abuse, the Director of Public Health, and the | 16 | | Secretary of the Department of Financial and Professional | 17 | | Regulation annually, their trended evaluation of the historic | 18 | | prescribing of controlled substances. As part of this report | 19 | | they shall make recommendations for courses of continuing | 20 | | professional education and other training materials for | 21 | | licensed health care professionals in the appropriate use of | 22 | | pain medications. The training may include: | 23 | | (1) educational and continuing medical education | 24 | | requirements for practitioners appropriate to address | 25 | | prescription pain medication awareness among health care |
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| 1 | | professionals; | 2 | | (2) continuing education requirements for pharmacists | 3 | | related to prescription pain medication awareness; and | 4 | | (3) continuing education in palliative care as it | 5 | | relates to pain management. | 6 | | (b) The Prescription Monitoring Program Advisory Committee | 7 | | shall provide outreach and assistance to health care | 8 | | professional organizations to encourage and facilitate | 9 | | continuing medical education training programs for their | 10 | | members regarding appropriate prescribing practices for | 11 | | optimum patient care. ".
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