State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]

91_HB2574enr

HB2574 Enrolled                                LRB9104866DJcd

 1        AN ACT to amend the Illinois Controlled Substances Act.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5. The  Illinois  Controlled  Substances  Act  is
 5    amended  by  changing  Sections 102, 201, 204, 206, 208, 210,
 6    214, 309, 312,  313,  and  316  and  adding  Section  217  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
12    drug,  chemical,  substance  or  dangerous  drug  other  than
13    alcohol  so  as to endanger the public morals, health, safety
14    or welfare or who  is  so  far  addicted  to  the  use  of  a
15    dangerous  drug or controlled substance other than alcohol as
16    to have lost the power of self control with reference to  his
17    addiction.
18        (b)  "Administer"  means  the  direct  application  of  a
19    controlled   substance,  whether  by  injection,  inhalation,
20    ingestion, or any other means, to the body of  a  patient  or
21    research subject by:
22             (1)  a  practitioner  (or,  in  his presence, by his
23        authorized agent), or
24             (2)  the patient or research subject at  the  lawful
25        direction of the practitioner.
26        (c)  "Agent"  means  an  authorized  person  who  acts on
27    behalf of or at the direction of a manufacturer, distributor,
28    or dispenser.  It does  not  include  a  common  or  contract
29    carrier,  public  warehouseman  or employee of the carrier or
30    warehouseman.
31        (c-1)  "Anabolic Steroids" means  any  drug  or  hormonal
 
HB2574 Enrolled            -2-                 LRB9104866DJcd
 1    substance,   chemically   and  pharmacologically  related  to
 2    testosterone   (other   than   estrogens,   progestins,   and
 3    corticosteroids) that promotes muscle growth, and includes:
 4                  (i)  boldenone,
 5                  (ii)  chlorotestosterone,
 6                  (iii)  chostebol,
 7                  (iv)  dehydrochlormethyltestosterone,
 8                  (v)  dihydrotestosterone,
 9                  (vi)  drostanolone,
10                  (vii)  ethylestrenol,
11                  (viii)  fluoxymesterone,
12                  (ix)  formebulone,
13                  (x)  mesterolone,
14                  (xi)  methandienone,
15                  (xii)  methandranone,
16                  (xiii)  methandriol,
17                  (xiv)  methandrostenolone,
18                  (xv)  methenolone,
19                  (xvi)  methyltestosterone,
20                  (xvii)  mibolerone,
21                  (xviii)  nandrolone,
22                  (xix)  norethandrolone,
23                  (xx)  oxandrolone,
24                  (xxi)  oxymesterone,
25                  (xxii)  oxymetholone,
26                  (xxiii)  stanolone,
27                  (xxiv)  stanozolol,
28                  (xxv)  testolactone,
29                  (xxvi)  testosterone,
30                  (xxvii)  trenbolone, and
31                  (xxviii)  any salt, ester, or isomer of a  drug
32             or  substance described or listed in this paragraph,
33             if that  salt,  ester,  or  isomer  promotes  muscle
34             growth.
 
HB2574 Enrolled            -3-                 LRB9104866DJcd
 1        Any  person who is otherwise lawfully in possession of an
 2    anabolic steroid, or  who  otherwise  lawfully  manufactures,
 3    distributes, dispenses, delivers, or possesses with intent to
 4    deliver  an  anabolic  steroid,  which  anabolic  steroid  is
 5    expressly   intended   for   and   lawfully   allowed  to  be
 6    administered through implants to livestock or other  nonhuman
 7    species, and which is approved by the Secretary of Health and
 8    Human  Services for such administration, and which the person
 9    intends to  administer  or  have  administered  through  such
10    implants,  shall  not  be  considered  to  be in unauthorized
11    possession  or   to   unlawfully   manufacture,   distribute,
12    dispense,  deliver,  or  possess  with intent to deliver such
13    anabolic steroid for purposes of this Act.
14        (d)  "Administration"   means   the   Drug    Enforcement
15    Administration,  United  States Department of Justice, or its
16    successor agency.
17        (e)  "Control" means to add a drug or other substance, or
18    immediate precursor, to a Schedule under Article II  of  this
19    Act whether by transfer from another Schedule or otherwise.
20        (f)  "Controlled  Substance"  means a drug, substance, or
21    immediate precursor in the Schedules of Article  II  of  this
22    Act.
23        (g)  "Counterfeit    substance"    means   a   controlled
24    substance, which, or the  container  or  labeling  of  which,
25    without  authorization  bears  the  trademark, trade name, or
26    other identifying mark, imprint, number  or  device,  or  any
27    likeness   thereof,   of   a  manufacturer,  distributor,  or
28    dispenser other than the person  who  in  fact  manufactured,
29    distributed, or dispensed the substance.
30        (h)  "Deliver"    or   "delivery"   means   the   actual,
31    constructive  or  attempted  transfer  of  possession  of   a
32    controlled  substance, with or without consideration, whether
33    or not there is an agency relationship.
34        (i)  "Department" means the Illinois Department of  Human
 
HB2574 Enrolled            -4-                 LRB9104866DJcd
 1    Services  (as  successor  to the Department of Alcoholism and
 2    Substance Abuse) or its successor agency.
 3        (j)  "Department of State Police" means the Department of
 4    State Police of  the  State  of  Illinois  or  its  successor
 5    agency.
 6        (k)  "Department  of Corrections" means the Department of
 7    Corrections of the State of Illinois or its successor agency.
 8        (l)  "Department of Professional  Regulation"  means  the
 9    Department   of  Professional  Regulation  of  the  State  of
10    Illinois or its successor agency.
11        (m)  "Depressant" or "stimulant substance" means:
12             (1)  a drug  which  contains  any  quantity  of  (i)
13        barbituric  acid  or  any of the salts of barbituric acid
14        which has been designated as habit forming under  section
15        502  (d)  of the Federal Food, Drug, and Cosmetic Act (21
16        U.S.C. 352 (d)); or
17             (2)  a drug  which  contains  any  quantity  of  (i)
18        amphetamine  or  methamphetamine and any of their optical
19        isomers; (ii) any salt of amphetamine or  methamphetamine
20        or any salt of an optical isomer of amphetamine; or (iii)
21        any  substance which the Department, after investigation,
22        has found to be, and by rule designated as, habit forming
23        because of its depressant  or  stimulant  effect  on  the
24        central nervous system; or
25             (3)  lysergic acid diethylamide; or
26             (4)  any  drug  which  contains  any  quantity  of a
27        substance which the Department, after investigation,  has
28        found  to  have,  and  by  rule  designated  as having, a
29        potential  for  abuse  because  of  its   depressant   or
30        stimulant  effect  on  the  central nervous system or its
31        hallucinogenic effect.
32        (n)  (Blank).  "Designated product"  means  any  narcotic
33    drug,     amphetamine,     phenmetrazine,    methamphetamine,
34    gluthethimide, pentazocine  or  cannabis  product  listed  in
 
HB2574 Enrolled            -5-                 LRB9104866DJcd
 1    Schedule  II  and also means a controlled substance listed in
 2    Schedule  II  which  is  determined  and  designated  by  the
 3    Department or its successor agency to be such  a  product.  A
 4    designated  product  shall only be dispensed upon an official
 5    prescription blank.
 6        (o)  "Director" means the Director of the  Department  of
 7    State  Police or the Department of Professional Regulation or
 8    his designated agents.
 9        (p)  "Dispense" means to deliver a  controlled  substance
10    to an ultimate user or research subject by or pursuant to the
11    lawful  order  of  a  prescriber,  including the prescribing,
12    administering, packaging, labeling, or compounding  necessary
13    to prepare the substance for that delivery.
14        (q)  "Dispenser" means a practitioner who dispenses.
15        (r)  "Distribute"   means   to  deliver,  other  than  by
16    administering or dispensing, a controlled substance.
17        (s)  "Distributor" means a person who distributes.
18        (t)  "Drug" means (1) substances recognized as  drugs  in
19    the    official   United   States   Pharmacopoeia,   Official
20    Homeopathic Pharmacopoeia of the United States,  or  official
21    National  Formulary,  or  any  supplement to any of them; (2)
22    substances intended for use in diagnosis,  cure,  mitigation,
23    treatment,  or  prevention  of disease in man or animals; (3)
24    substances (other than food) intended to affect the structure
25    of any function of  the  body  of  man  or  animals  and  (4)
26    substances  intended  for  use  as a component of any article
27    specified in clause (1), (2), or (3) of this subsection.   It
28    does  not  include  devices  or  their  components, parts, or
29    accessories.
30        (u)  "Good faith" means the prescribing or dispensing  of
31    a  controlled  substance  by  a  practitioner  in the regular
32    course of professional treatment to or for any person who  is
33    under  his  treatment for a pathology or condition other than
34    that individual's physical or psychological  dependence  upon
 
HB2574 Enrolled            -6-                 LRB9104866DJcd
 1    or  addiction  to  a controlled substance, except as provided
 2    herein:  and application of the term to  a  pharmacist  shall
 3    mean the dispensing of a controlled substance pursuant to the
 4    prescriber's  order which in the professional judgment of the
 5    pharmacist is lawful.  The  pharmacist  shall  be  guided  by
 6    accepted professional standards including, but not limited to
 7    the following, in making the judgment:
 8             (1)  lack    of    consistency   of   doctor-patient
 9        relationship,
10             (2)  frequency of prescriptions for same drug by one
11        prescriber for large numbers of patients,
12             (3)  quantities beyond those normally prescribed,
13             (4)  unusual dosages,
14             (5)  unusual geographic distances  between  patient,
15        pharmacist and prescriber,
16             (6)  consistent prescribing of habit-forming drugs.
17        (u-1)  "Home  infusion  services" means services provided
18    by  a  pharmacy   in   compounding   solutions   for   direct
19    administration to a patient in a private residence, long-term
20    care  facility,  or  hospice  setting by means of parenteral,
21    intravenous,  intramuscular,  subcutaneous,  or   intraspinal
22    infusion.
23        (v)  "Immediate precursor" means a substance:
24             (1)  which  the  Department  has  found to be and by
25        rule designated as being a principal  compound  used,  or
26        produced  primarily  for  use,  in  the  manufacture of a
27        controlled substance;
28             (2)  which is  an  immediate  chemical  intermediary
29        used  or  likely  to  be  used in the manufacture of such
30        controlled substance; and
31             (3)  the control of which is necessary  to  prevent,
32        curtail  or  limit  the  manufacture  of  such controlled
33        substance.
34        (w)  "Instructional  activities"  means   the   acts   of
 
HB2574 Enrolled            -7-                 LRB9104866DJcd
 1    teaching,  educating  or  instructing  by practitioners using
 2    controlled substances within educational facilities  approved
 3    by the State Board of Education or its successor agency.
 4        (x)  "Local  authorities"  means  a duly organized State,
 5    County or Municipal peace unit or police force.
 6        (y)  "Look-alike substance" means a substance, other than
 7    a controlled substance  which  (1)  by  overall  dosage  unit
 8    appearance,  including  shape,  color, size, markings or lack
 9    thereof,  taste,  consistency,  or  any   other   identifying
10    physical  characteristic  of  the  substance,  would  lead  a
11    reasonable   person  to  believe  that  the  substance  is  a
12    controlled  substance,  or  (2)  is  expressly  or  impliedly
13    represented to be a controlled substance  or  is  distributed
14    under  circumstances  which would lead a reasonable person to
15    believe that the substance is a controlled substance. For the
16    purpose of determining whether the  representations  made  or
17    the circumstances of the distribution would lead a reasonable
18    person  to believe the substance to be a controlled substance
19    under this clause (2) of subsection (y), the court  or  other
20    authority  may  consider the following factors in addition to
21    any other factor that may be relevant:
22             (a)  statements made  by  the  owner  or  person  in
23        control  of  the  substance concerning its nature, use or
24        effect;
25             (b)  statements made to the buyer or recipient  that
26        the substance may be resold for profit;
27             (c)  whether  the  substance is packaged in a manner
28        normally used for the illegal distribution of  controlled
29        substances;
30             (d)  whether    the    distribution   or   attempted
31        distribution included an exchange of or demand for  money
32        or  other  property  as  consideration,  and  whether the
33        amount of the  consideration  was  substantially  greater
34        than the reasonable retail market value of the substance.
 
HB2574 Enrolled            -8-                 LRB9104866DJcd
 1        Clause  (1)  of  this subsection (y) shall not apply to a
 2    noncontrolled substance in its finished dosage form that  was
 3    initially  introduced  into  commerce  prior  to  the initial
 4    introduction into commerce of a controlled substance  in  its
 5    finished dosage form which it may substantially resemble.
 6        Nothing  in  this subsection (y) prohibits the dispensing
 7    or  distributing  of  noncontrolled  substances  by   persons
 8    authorized  to  dispense and distribute controlled substances
 9    under this Act, provided that such action would be deemed  to
10    be  carried  out  in  good  faith under subsection (u) if the
11    substances involved were controlled substances.
12        Nothing in this subsection (y) or in this  Act  prohibits
13    the   manufacture,   preparation,  propagation,  compounding,
14    processing, packaging, advertising or distribution of a  drug
15    or  drugs by any person registered pursuant to Section 510 of
16    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
17        (y-1)  "Mail-order pharmacy" means  a  pharmacy  that  is
18    located in a state of the United States, other than Illinois,
19    that  delivers,  dispenses or distributes, through the United
20    States Postal Service or other common  carrier,  to  Illinois
21    residents, any substance which requires a prescription.
22        (z)  "Manufacture"  means  the  production,  preparation,
23    propagation,  compounding,  conversion  or  processing  of  a
24    controlled  substance,  either  directly  or  indirectly,  by
25    extraction    from   substances   of   natural   origin,   or
26    independently  by  means  of  chemical  synthesis,  or  by  a
27    combination  of  extraction  and  chemical   synthesis,   and
28    includes  any  packaging  or  repackaging of the substance or
29    labeling of its container, except that  this  term  does  not
30    include:
31             (1)  by   an   ultimate  user,  the  preparation  or
32        compounding of a controlled substance for his own use; or
33             (2)  by a  practitioner,  or  his  authorized  agent
34        under  his  supervision,  the  preparation,  compounding,
 
HB2574 Enrolled            -9-                 LRB9104866DJcd
 1        packaging, or labeling of a controlled substance:
 2                  (a)  as  an  incident  to  his administering or
 3             dispensing of a controlled substance in  the  course
 4             of his professional practice; or
 5                  (b)  as   an   incident   to  lawful  research,
 6             teaching or chemical analysis and not for sale.
 7        (z-1)  "Methamphetamine manufacturing chemical" means any
 8    of the following chemicals or substances  containing  any  of
 9    the  following  chemicals:  benzyl  methyl ketone, ephedrine,
10    methyl benzyl ketone, phenylacetone,  phenyl-2-propanone,  or
11    pseudoephedrine  or  any  of  the  salts, optical isomers, or
12    salts of optical isomers of the above-listed chemicals.
13        (aa)  "Narcotic drug" means any of the following, whether
14    produced directly or indirectly by extraction from substances
15    of natural origin, or  independently  by  means  of  chemical
16    synthesis,  or  by  a  combination of extraction and chemical
17    synthesis:
18             (1)  opium  and  opiate,  and  any  salt,  compound,
19        derivative, or preparation of opium or opiate;
20             (2)  any  salt,  compound,  isomer,  derivative,  or
21        preparation thereof which  is  chemically  equivalent  or
22        identical  with  any  of  the  substances  referred to in
23        clause (1), but not including the isoquinoline  alkaloids
24        of opium;
25             (3)  opium poppy and poppy straw;
26             (4)  coca  leaves  and  any salts, compound, isomer,
27        salt of an isomer, derivative,  or  preparation  of  coca
28        leaves  including  cocaine  or  ecgonine,  and  any salt,
29        compound,  isomer,  derivative,  or  preparation  thereof
30        which is chemically equivalent or identical with  any  of
31        these  substances,  but  not  including decocainized coca
32        leaves or extractions of coca leaves which do not contain
33        cocaine or ecgonine (for the purpose of  this  paragraph,
34        the   term  "isomer"  includes  optical,  positional  and
 
HB2574 Enrolled            -10-                LRB9104866DJcd
 1        geometric isomers).
 2        (bb)  "Nurse" means a registered nurse licensed under the
 3    Nursing and Advanced Practice Nursing Act.
 4        (cc)  (Blank).  "Official prescription blanks" means  the
 5    triplicate  prescription forms supplied to prescribers by the
 6    Department for prescribing  Schedule  II  Designated  Product
 7    controlled substances.
 8        (dd)  "Opiate"  means  any  substance having an addiction
 9    forming or addiction sustaining liability similar to morphine
10    or being capable of conversion into a drug  having  addiction
11    forming or addiction sustaining liability.
12        (ee)  "Opium  poppy"  means  the  plant  of  the  species
13    Papaver somniferum L., except its seeds.
14        (ff)  "Parole  and  Pardon  Board"  means  the Parole and
15    Pardon Board of  the  State  of  Illinois  or  its  successor
16    agency.
17        (gg)  "Person"   means   any   individual,   corporation,
18    mail-order  pharmacy,  government or governmental subdivision
19    or agency, business  trust,  estate,  trust,  partnership  or
20    association, or any other entity.
21        (hh)  "Pharmacist"   means   any   person   who  holds  a
22    certificate of registration as  a  registered  pharmacist,  a
23    local   registered   pharmacist  or  a  registered  assistant
24    pharmacist under the Pharmacy Practice Act of 1987.
25        (ii)  "Pharmacy" means any store, ship or other place  in
26    which  pharmacy  is  authorized  to  be  practiced  under the
27    Pharmacy Practice Act of 1987.
28        (jj)  "Poppy straw" means all parts, except the seeds, of
29    the opium poppy, after mowing.
30        (kk)  "Practitioner"  means  a  physician   licensed   to
31    practice  medicine  in all its branches, dentist, podiatrist,
32    veterinarian, scientific investigator, pharmacist,  physician
33    assistant, advanced practice nurse, licensed practical nurse,
34    registered nurse, hospital, laboratory, or pharmacy, or other
 
HB2574 Enrolled            -11-                LRB9104866DJcd
 1    person  licensed, registered, or otherwise lawfully permitted
 2    by the United States or this State to  distribute,  dispense,
 3    conduct  research  with  respect  to,  administer  or  use in
 4    teaching or chemical analysis, a controlled substance in  the
 5    course of professional practice or research.
 6        (ll)  "Pre-printed    prescription"   means   a   written
 7    prescription  upon  which  the  designated  drug   has   been
 8    indicated prior to the time of issuance.
 9        (mm)  "Prescriber" means a physician licensed to practice
10    medicine   in   all  its  branches,  dentist,  podiatrist  or
11    veterinarian who issues a prescription, a physician assistant
12    who issues a prescription  for  a  Schedule  III,  IV,  or  V
13    controlled  substance  in  accordance with Section 303.05 and
14    the written guidelines required  under  Section  7.5  of  the
15    Physician  Assistant  Practice  Act  of  1987, or an advanced
16    practice nurse with prescriptive authority in accordance with
17    Section 303.05 and a written  collaborative  agreement  under
18    Sections 15-15 and 15-20 of the Nursing and Advanced Practice
19    Nursing Act.
20        (nn)  "Prescription"  means  a lawful written, facsimile,
21    or verbal order of a physician licensed to practice  medicine
22    in  all its branches, dentist, podiatrist or veterinarian for
23    any controlled substance, of  a  physician  assistant  for  a
24    Schedule  III,  IV,  or  V controlled substance in accordance
25    with Section 303.05 and the written guidelines required under
26    Section 7.5 of the Physician Assistant Practice Act of  1987,
27    or  of  an  advanced practice nurse who issues a prescription
28    for  a  Schedule  III,  IV,  or  V  controlled  substance  in
29    accordance with Section 303.05 and  a  written  collaborative
30    agreement  under  Sections 15-15 and 15-20 of the Nursing and
31    Advanced Practice Nursing Act.
32        (oo)  "Production"  or   "produce"   means   manufacture,
33    planting, cultivating, growing, or harvesting of a controlled
34    substance.
 
HB2574 Enrolled            -12-                LRB9104866DJcd
 1        (pp)  "Registrant"  means every person who is required to
 2    register under Section 302 of this Act.
 3        (qq)  "Registry number" means the number assigned to each
 4    person authorized to handle controlled substances  under  the
 5    laws of the United States and of this State.
 6        (rr)  "State"  includes  the  State  of  Illinois and any
 7    state, district, commonwealth, territory, insular  possession
 8    thereof,  and  any area subject to the legal authority of the
 9    United States of America.
10        (ss)  "Ultimate  user"  means  a  person   who   lawfully
11    possesses  a  controlled substance for his own use or for the
12    use of a member of his household or for administering  to  an
13    animal owned by him or by a member of his household.
14    (Source:  P.A.  90-116,  eff.  7-14-97; 90-742, eff. 8-13-98;
15    90-818, eff. 3-23-99; 91-403, eff. 1-1-00.)

16        (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
17        Sec.  201.   (a)  The  Department  shall  carry  out  the
18    provisions of this Article.  The Department or its  successor
19    agency  may  add  substances  to  or delete or reschedule all
20    controlled substances in the Schedules of Sections 204,  206,
21    208,  210 and 212 of this Act and shall determine "designated
22    products" as required under Sections 308, 309, 311 and 312 of
23    this Act.  In making a determination regarding the  addition,
24    deletion,  or  rescheduling  of  a  substance, the Department
25    shall consider the following:
26        (1)  the actual or relative potential for abuse;
27        (2)  the  scientific  evidence  of  its   pharmacological
28    effect, if known;
29        (3)  the  state of current scientific knowledge regarding
30    the substance;
31        (4)  the history and current pattern of abuse;
32        (5)  the scope, duration, and significance of abuse;
33        (6)  the risk to the public health;
 
HB2574 Enrolled            -13-                LRB9104866DJcd
 1        (7)  the  potential   of   the   substance   to   produce
 2    psychological or physiological dependence;
 3        (8)  whether the substance is an immediate precursor of a
 4    substance already controlled under this Article;
 5        (9)  the immediate harmful effect in terms of potentially
 6    fatal dosage; and
 7        (10)  the long-range effects in terms of permanent health
 8    impairment.
 9        (b)  (Blank).   In  making  a  determination  regarding a
10    "designated product," the Department shall consider the above
11    criteria, and in addition shall consider whether use  of  the
12    official   prescription   blank   is   required   to  control
13    significant actual illicit traffic of the substance.
14        After considering the factors  enumerated  in  subsection
15    (a) or in the case of making a determination of a "designated
16    product,"  the  additional  factors  of  subsection  (b), the
17    Department shall publish its determination.   If,  within  30
18    days  from such publication, a party adversely affected files
19    with  the  Department  substantial  written   objections   to
20    inclusion,  rescheduling, or deletion of a substance, or to a
21    determination of a "designated product," the Department shall
22    publish the substantial written  objections  and  afford  all
23    interested  parties  an  opportunity  to  be  heard.   At the
24    conclusion of the hearing, the Department shall make findings
25    with  respect  thereto  and  issue  a  rule  controlling  the
26    substance if the Department has determined that the substance
27    has a potential for abuse and submits to the General Assembly
28    a written report of its findings with respect thereto.   Each
29    such  rule  adding,  deleting  or  rescheduling  a controlled
30    substance or determining a "designated product" shall then be
31    submitted to the General Assembly, in the form of a  proposed
32    law amending this Act, and unless the proposed law is adopted
33    by  the  General Assembly and enacted into law within 2 years
34    after the Department has issued the  rule,  such  rule  shall
 
HB2574 Enrolled            -14-                LRB9104866DJcd
 1    expire and have no further force and effect.
 2        The  requirement  for  reporting  to the General Assembly
 3    shall be satisfied by filing copies of the  report  with  the
 4    Speaker,  the  minority  Leader and the Clerk of the House of
 5    Representatives and the President, the  Minority  Leader  and
 6    the  Secretary  of  the  Senate  and the Legislative Research
 7    Unit, as required by Section 3.1 of "An Act to revise the law
 8    in relation to the General Assembly", approved  February  25,
 9    1874,  as amended, and filing such additional copies with the
10    State Government Report Distribution Center for  the  General
11    Assembly  as  is required under paragraph (t) of Section 7 of
12    the State Library Act.
13        (c)  (Blank).  If the Department designates  a  substance
14    as an immediate precursor, substances which are precursors of
15    the  controlled  precursor  shall  not  be subject to control
16    solely  because  they  are  precursors  of   the   controlled
17    precursor.
18        (d)  If    any   substance   is   scheduled   designated,
19    rescheduled, or  deleted  as  a  controlled  substance  under
20    Federal  law  and  notice thereof is given to the Department,
21    the Department shall similarly control  the  substance  under
22    this  Act after the expiration of 30 days from publication in
23    the Federal Register of a final order scheduling  designating
24    a  substance  as  a  controlled  substance or rescheduling or
25    deleting a substance, unless within that 30  day  period  the
26    Department  objects, or a party adversely affected files with
27    the Department substantial written  objections  objecting  to
28    inclusion,  rescheduling,  or  deletion.   In  that case, the
29    Department shall publish the reasons  for  objection  or  the
30    substantial  written  objections  and  afford  all interested
31    parties an opportunity to be heard.  At the conclusion of the
32    hearing, the Department shall publish its decision, by  means
33    of  a  rule,  which shall be final unless altered by statute.
34    Upon publication of objections by  the   Department,  similar
 
HB2574 Enrolled            -15-                LRB9104866DJcd
 1    control  under this Act whether by inclusion, rescheduling or
 2    deletion is stayed until the Department publishes its ruling.
 3        (e)  The   Department   shall   by   rule   exclude   any
 4    non-narcotic substances from a  schedule  if  such  substance
 5    may,  under  the  Federal  Food,  Drug,  and Cosmetic Act, be
 6    lawfully sold over the counter without a prescription.
 7        (f)  Dextromethorphan shall not be deemed to be  included
 8    in  any  schedule by reason of enactment of this title unless
 9    controlled after the date of such enactment pursuant  to  the
10    foregoing provisions of this section.
11        (g)  Authority  to  control  under  this section does not
12    extend to distilled spirits, wine, malt beverages, or tobacco
13    as those terms are defined or used in The Liquor Control  Act
14    and the Tobacco Products Tax Act.
15    (Source: P.A. 84-1438.)

16        (720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)
17        Sec.  204.   (a) The controlled substances listed in this
18    Section are included in Schedule I.
19        (b)  Unless specifically excepted  or  unless  listed  in
20    another  schedule,  any   of the following opiates, including
21    their isomers, esters, ethers, salts, and salts  of  isomers,
22    esters,  and  ethers, whenever the existence of such isomers,
23    esters, ethers and salts  is  possible  within  the  specific
24    chemical designation:
25             (1)  Acetylmethadol;
26             (1.1)  Acetyl-alpha-methylfentanyl
27        (N-[1-(1-methyl-2-phenethyl)-
28        4-piperidinyl]-N-phenylacetamide);
29             (2)  Allylprodine;
30             (3)  Alphacetylmethadol, except
31        levo-alphacetylmethadol (also known as levo-alpha-
32        acetylmethadol, levomethadyl acetate, or LAAM);
33             (4)  Alphameprodine;
 
HB2574 Enrolled            -16-                LRB9104866DJcd
 1             (5)  Alphamethadol;
 2             (6)  Alpha-methylfentanyl
 3        (N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
 4        propionanilide;  1-(1-methyl-2-phenylethyl)-4-(N-
 5        propanilido) piperidine;
 6             (6.1)  Alpha-methylthiofentanyl
 7        (N-[1-methyl-2-(2-thienyl)ethyl-
 8        4-piperidinyl]-N-phenylpropanamide);
 9             (7)  1-methyl-4-phenyl-4-proprionoxypiperidine
10        (MPPP);
11             (7.1)  PEPAP
12        (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
13             (8)  Benzethidine;
14             (9)  Betacetylmethadol;
15             (9.1)  Beta-hydroxyfentanyl
16        (N-[1-(2-hydroxy-2-phenethyl)-
17        4-piperidinyl]-N-phenylpropanamide);
18             (10)  Betameprodine;
19             (11)  Betamethadol;
20             (12)  Betaprodine;
21             (13)  Clonitazene;
22             (14)  Dextromoramide;
23             (15)  Diampromide;
24             (16)  Diethylthiambutene;
25             (17)  Difenoxin;
26             (18)  Dimenoxadol;
27             (19)  Dimepheptanol;
28             (20)  Dimethylthiambutene;
29             (21)  Dioxaphetylbutyrate;
30             (22)  Dipipanone;
31             (23)  Ethylmethylthiambutene;
32             (24)  Etonitazene;
33             (25)  Etoxeridine;
34             (26)  Furethidine;
 
HB2574 Enrolled            -17-                LRB9104866DJcd
 1             (27)  Hydroxpethidine;
 2             (28)  Ketobemidone;
 3             (29)  Levomoramide;
 4             (30)  Levophenacylmorphan;
 5             (31)  3-Methylfentanyl
 6        (N-[3-methyl-1-(2-phenylethyl)-
 7        4-piperidyl]-N-phenylpropanamide);
 8             (31.1)  3-Methylthiofentanyl
 9        (N-[(3-methyl-1-(2-thienyl)ethyl-
10        4-piperidinyl]-N-phenylpropanamide);
11             (32)  Morpheridine;
12             (33)  Noracymethadol;
13             (34)  Norlevorphanol;
14             (35)  Normethadone;
15             (36)  Norpipanone;
16             (36.1)  Para-fluorofentanyl
17        (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
18        4-piperidinyl]propanamide);
19             (37)  Phenadoxone;
20             (38)  Phenampromide;
21             (39)  Phenomorphan;
22             (40)  Phenoperidine;
23             (41)  Piritramide;
24             (42)  Proheptazine;
25             (43)  Properidine;
26             (44)  Propiram;
27             (45)  Racemoramide;
28             (45.1)  Thiofentanyl
29        (N-phenyl-N-[1-(2-thienyl)ethyl-
30        4-piperidinyl]-propanamide);
31             (46) Tilidine;
32             (47) Trimeperidine;
33             (48)  Beta-hydroxy-3-methylfentanyl (other name:
34        N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
 
HB2574 Enrolled            -18-                LRB9104866DJcd
 1        N-phenylpropanamide).
 2        (c)  Unless  specifically  excepted  or  unless listed in
 3    another schedule, any  of the  following  opium  derivatives,
 4    its  salts,  isomers  and  salts  of  isomers,  whenever  the
 5    existence  of  such  salts,  isomers  and salts of isomers is
 6    possible within the specific chemical designation:
 7             (1)  Acetorphine;
 8             (2)  Acetyldihydrocodeine;
 9             (3)  Benzylmorphine;
10             (4)  Codeine methylbromide;
11             (5)  Codeine-N-Oxide;
12             (6)  Cyprenorphine;
13             (7)  Desomorphine;
14             (8)  Diacetyldihydromorphine (Dihydroheroin);
15             (9)  Dihydromorphine;
16             (10)  Drotebanol;
17             (11)  Etorphine (except hydrochloride salt);
18             (12)  Heroin;
19             (13)  Hydromorphinol;
20             (14)  Methyldesorphine;
21             (15)  Methyldihydromorphine;
22             (16)  Morphine methylbromide;
23             (17)  Morphine methylsulfonate;
24             (18)  Morphine-N-Oxide;
25             (19)  Myrophine;
26             (20)  Nicocodeine;
27             (21)  Nicomorphine;
28             (22)  Normorphine;
29             (23)  Pholcodine;
30             (24)  Thebacon.
31        (d)  Unless specifically excepted  or  unless  listed  in
32    another   schedule,   any  material,  compound,  mixture,  or
33    preparation which contains  any  quantity  of  the  following
34    hallucinogenic  substances,  or  which  contains  any  of its
 
HB2574 Enrolled            -19-                LRB9104866DJcd
 1    salts, isomers and salts of isomers, whenever  the  existence
 2    of  such  salts,  isomers,  and  salts of isomers is possible
 3    within the specific chemical designation (for the purposes of
 4    this paragraph only, the term "isomer" includes the  optical,
 5    position and geometric isomers):
 6             (1)  3,4-methylenedioxyamphetamine
 7        (alpha-methyl,3,4-methylenedioxyphenethylamine,
 8        methylenedioxyamphetamine, MDA);
 9             (1.1)  Alpha-ethyltryptamine
10        (some trade or other names: etryptamine;
11        MONASE; alpha-ethyl-1H-indole-3-ethanamine;
12        3-(2-aminobutyl)indole; a-ET; and AET);
13             (2)  3,4-methylenedioxymethamphetamine (MDMA);
14             (2.1)  3,4-methylenedioxy-N-ethylamphetamine
15        (also known as: N-ethyl-alpha-methyl-
16        3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
17        and MDEA);
18             (3)  3-methoxy-4,5-methylenedioxyamphetamine,
19        (MMDA);
20             (4)  3,4,5-trimethoxyamphetamine (TMA);
21             (5)  (Blank);5-hydroxydimethyltryptamine
22        (Bufotenine);
23             (6)  Diethyltryptamine (DET);
24             (7)  Dimethyltryptamine (DMT);
25             (8)  4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
26             (9)  Ibogaine  (some trade and other names:
27        7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
28        6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
29        indole; Tabernanthe iboga);
30             (10)  Lysergic acid diethylamide;
31             (11)  3,4,5-trimethoxyphenethylamine (Mescaline);
32             (12)  Peyote   (meaning   all  parts  of  the  plant
33        presently classified botanically as Lophophora williemaii
34        Lemaire, whether growing or not, the seeds  thereof,  any
 
HB2574 Enrolled            -20-                LRB9104866DJcd
 1        extract  from any part of that plant, and every compound,
 2        manufacture, salts, derivative, mixture,  or  preparation
 3        of that plant, its seeds or extracts);
 4             (13)  N-ethyl-3-piperidyl benzilate (JB 318);
 5             (14)  N-methyl-3-piperidyl benzilate;
 6             (14.1)  N-hydroxy-3,4-methylenedioxyamphetamine
 7        (also known as N-hydroxy-alpha-methyl-
 8        3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
 9             (15)  Parahexyl;   some   trade   or   other  names:
10        3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
11        dibenzo (b,d) pyran; Synhexyl;
12             (16)  Psilocybin;
13             (17)  Psilocyn;
14             (18)  Alpha-methyltryptamine (AMT);
15             (19)  2,5-dimethoxyamphetamine
16        (2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
17             (20)  4-bromo-2,5-dimethoxyamphetamine
18        (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
19             4-bromo-2,5-DMA);
20             (20.1)  4-Bromo-2,5  dimethoxyphenethylamine.   Some
21        trade       or       other       names:       2-(4-bromo-
22        2,5-dimethoxyphenyl)-1-aminoethane;  alpha-desmethyl DOB,
23        2CB, Nexus;
24             (21)  4-methoxyamphetamine
25        (4-methoxy-alpha-methylphenethylamine;
26             paramethoxyamphetamine; PMA);
27             (22)  (Blank);  Thiophene  analog  of  phencyclidine
28        (TPCP);
29             (23)  Ethylamine  analog  of  phencyclidine.    Some
30        trade  or  other  names: N-ethyl-l-phenylcyclohexylamine,
31        (l-phenylcyclohexyl)  ethylamine,  N-(l-phenylcyclohexyl)
32        ethylamine, cyclohexamine, PCE;
33             (24)  Pyrrolidine  analog  of  phencyclidine.   Some
34        trade or other names: l-(l-phenylcyclohexyl) pyrrolidine,
 
HB2574 Enrolled            -21-                LRB9104866DJcd
 1        PCPy, PHP;
 2             (25)  5-methoxy-3,4-methylenedioxy-amphetamine;
 3             (26)  2,5-dimethoxy-4-ethylamphetamine
 4        (another name: DOET);
 5             (27)  1-[1-(2-thienyl)cyclohexyl] pyrrolidine
 6        (another name: TCPy);
 7             (28)  (Blank);3,4-methylenedioxy amphetamine;
 8             (29)  Thiophene analog of phencyclidine (some  trade
 9        or  other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
10        2-thienyl analog of phencyclidine; TPCP; TCP);
11             (30)  Bufotenine (some trade or other names:
12        3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
13        3-(2-dimethylaminoethyl)-5-indolol;
14        5-hydroxy-N,N-dimethyltryptamine;
15        N,N-dimethylserotonin; mappine).
16        (e)  Unless specifically excepted  or  unless  listed  in
17    another   schedule,   any  material,  compound,  mixture,  or
18    preparation which contains  any  quantity  of  the  following
19    substances  having a depressant effect on the central nervous
20    system, including its salts, isomers, and  salts  of  isomers
21    whenever  the  existence of such salts, isomers, and salts of
22    isomers is possible within the specific chemical designation:
23             (1)  mecloqualone;
24             (2)  methaqualone; and
25             (3)  gamma hydroxybutyric acid.
26        (f)  Unless specifically excepted  or  unless  listed  in
27    another   schedule,   any  material,  compound,  mixture,  or
28    preparation which contains  any  quantity  of  the  following
29    substances  having  a stimulant effect on the central nervous
30    system, including its salts, isomers, and salts of isomers:
31             (1)  Fenethylline;
32             (2)  N-ethylamphetamine;
33             (3)  Aminorex (some other names:
34        2-amino-5-phenyl-2-oxazoline; aminoxaphen;
 
HB2574 Enrolled            -22-                LRB9104866DJcd
 1        4-5-dihydro-5-phenyl-2-oxazolamine) and its
 2        salts, optical isomers, and salts of optical isomers;
 3             (4)  Methcathinone (some other names:
 4        2-methylamino-1-phenylpropan-1-one;
 5        Ephedrone; 2-(methylamino)-propiophenone;
 6        alpha-(methylamino)propiophenone; N-methylcathinone;
 7        methycathinone; Monomethylpropion; UR 1431) and its
 8        salts, optical isomers, and salts of optical isomers;
 9             (5)  Chathinone (some trade or other names:
10        2-aminopropiophenone; alpha-aminopropiophenone;
11        2-amino-1-phenyl-propanone; norephedrone);
12             (6)  N,N-dimethylamphetamine (also known as:
13        N,N-alpha-trimethyl-benzeneethanamine;
14        N,N-alpha-trimethylphenethylamine);
15             (7)  (+ or -) cis-4-methylaminorex  ((+ or -) cis-
16        4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine).
17        (g) Temporary listing of substances subject to  emergency
18    scheduling.  Any  material, compound, mixture, or preparation
19    that contains any quantity of the following substances:
20             (1)  N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
21        (benzylfentanyl), its optical  isomers,  isomers,  salts,
22        and salts of isomers;
23             (2)  N-[1(2-thienyl)
24        methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
25        its optical isomers, salts, and salts of isomers.
26    (Source: P.A. 89-202, eff. 10-1-95; 90-382, eff. 8-15-97.)

27        (720 ILCS 570/206) (from Ch. 56 1/2, par. 1206)
28        Sec.  206.   (a) The controlled substances listed in this
29    Section are included in Schedule II.
30        (b)  Unless specifically excepted  or  unless  listed  in
31    another  schedule,  any  of  the following substances whether
32    produced directly or indirectly by extraction from substances
33    of vegetable origin, or independently by  means  of  chemical
 
HB2574 Enrolled            -23-                LRB9104866DJcd
 1    synthesis,  or  by  combination  of  extraction  and chemical
 2    synthesis:
 3             (1)  Opium and  opiates,  and  any  salt,  compound,
 4        derivative  or  preparation of opium or opiate, excluding
 5        apomorphine, dextrorphan,  levopropoxyphene,  nalbuphine,
 6        nalmefene, naloxone, and naltrexone, and their respective
 7        salts, but including the following:
 8                  (i)  Raw Opium;
 9                  (ii)  Opium extracts;
10                  (iii)  Opium fluid extracts;
11                  (iv)  Powdered opium;
12                  (v)  Granulated opium;
13                  (vi)  Tincture of opium;
14                  (vii)  Codeine;
15                  (viii)  Ethylmorphine;
16                  (ix)  Etorphine Hydrochloride;
17                  (x)  Hydrocodone;
18                  (xi)  Hydromorphone;
19                  (xii)  Metopon;
20                  (xiii)  Morphine;
21                  (xiv)  Oxycodone;
22                  (xv)  Oxymorphone;
23                  (xvi)  Thebaine;
24                  (xvii)  Thebaine-derived butorphanol.
25             (2)  Any   salt,  compound,  isomer,  derivative  or
26        preparation thereof which  is  chemically  equivalent  or
27        identical  with  any  of  the  substances  referred to in
28        subparagraph (1),  but  not  including  the  isoquinoline
29        alkaloids of opium;
30             (3)  Opium poppy and poppy straw;
31             (4)  Coca  leaves  and  any  salt, compound, isomer,
32        salt of an isomer, derivative,  or  preparation  of  coca
33        leaves  including  cocaine  or  ecgonine,  and  any salt,
34        compound,  isomer,  derivative,  or  preparation  thereof
 
HB2574 Enrolled            -24-                LRB9104866DJcd
 1        which is chemically equivalent or identical with  any  of
 2        these  substances,  but  not  including decocainized coca
 3        leaves or extractions of coca leaves which do not contain
 4        cocaine or ecgonine (for the purpose of  this  paragraph,
 5        the   term  "isomer"  includes  optical,  positional  and
 6        geometric isomers);
 7             (5)  Concentrate of poppy straw (the  crude  extract
 8        of  poppy  straw  in  either liquid, solid or powder form
 9        which contains the phenanthrine alkaloids  of  the  opium
10        poppy).
11        (c)  Unless  specifically  excepted  or  unless listed in
12    another schedule any  of  the  following  opiates,  including
13    their  isomers,  esters, ethers, salts, and salts of isomers,
14    whenever the existence of these isomers, esters,  ethers  and
15    salts  is  possible within the specific chemical designation,
16    dextrorphan excepted:
17             (1)  Alfentanil;
18             (1.1)  Carfentanil;
19             (2)  Alphaprodine;
20             (3)  Anileridine;
21             (4)  Bezitramide;
22             (5)  Bulk Dextropropoxyphene (non-dosage forms);
23             (6)  Dihydrocodeine;
24             (7)  Diphenoxylate;
25             (8)  Fentanyl;
26             (9)  Sufentanil;
27             (9.5)  Remifentanil;
28             (10)  Isomethadone;
29             (11)  Levomethorphan;
30             (12)  Levorphanol (Levorphan);
31             (13)  Metazocine;
32             (14)  Methadone;
33             (15)  Methadone-Intermediate,
34        4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
 
HB2574 Enrolled            -25-                LRB9104866DJcd
 1             (16)  Moramide-Intermediate,
 2        2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
 3        acid;
 4             (17)  Pethidine (meperidine);
 5             (18)  Pethidine-Intermediate-A,
 6        4-cyano-1-methyl-4-phenylpiperidine;
 7             (19)  Pethidine-Intermediate-B,
 8        ethyl-4-phenylpiperidine-4-carboxylate;
 9             (20)  Pethidine-Intermediate-C,
10        1-methyl-4-phenylpiperidine-4-carboxylic acid;
11             (21)  Phenazocine;
12             (22)  Piminodine;
13             (23)  Racemethorphan;
14             (24)  Racemorphan;
15             (25)  Levo-alphacetylmethadol  (some  other   names:
16        levo-alpha-acetylmethadol, levomethadyl acetate, LAAM).
17        (d)  Unless  specifically  excepted  or  unless listed in
18    another  schedule,  any  material,  compound,   mixture,   or
19    preparation  which  contains  any  quantity  of the following
20    substances having a stimulant effect on the  central  nervous
21    system:
22             (1)  Amphetamine,  its  salts,  optical isomers, and
23        salts of its optical isomers;
24             (2)  Methamphetamine, its salts, isomers, and  salts
25        of its isomers;
26             (3)  Phenmetrazine and its salts;
27             (4)  Methylphenidate.
28        (e)  Unless  specifically  excepted  or  unless listed in
29    another  schedule,  any  material,  compound,   mixture,   or
30    preparation  which  contains  any  quantity  of the following
31    substances having a depressant effect on the central  nervous
32    system,  including  its  salts, isomers, and salts of isomers
33    whenever the existence of such salts, isomers, and  salts  of
34    isomers is possible within the specific chemical designation:
 
HB2574 Enrolled            -26-                LRB9104866DJcd
 1             (1)  Amobarbital;
 2             (2)  Secobarbital;
 3             (3)  Pentobarbital;
 4             (4)  Pentazocine;
 5             (5)  Phencyclidine;
 6             (6)  Gluthethimide;
 7             (7)  (Blank).   Dronabinol (synthetic) in sesame oil
 8        and encapsulated in a soft gelatin capsule in a U.S. Food
 9        and Drug  Administration-approved  drug  product.    Some
10        other names:
11        (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-
12        pentyl-6H-dibenzo[b,d]pyran-1-ol;  (-)-delta-9-(trans)-
13        tetrahydrocannabinol.
14        (f)  Unless  specifically  excepted  or  unless listed in
15    another  schedule,  any  material,  compound,   mixture,   or
16    preparation  which  contains  any  quantity  of the following
17    substances:
18             (1)  Immediate   precursor   to   amphetamine    and
19        methamphetamine:
20                  (i)  Phenylacetone
21             Some trade or other names: phenyl-2-propanone;
22             P2P; benzyl methyl ketone; methyl benzyl ketone.
23             (2)  Immediate precursors to phencyclidine:
24                  (i)  l-phenylcyclohexylamine;
25                  (ii)  l-piperidinocyclohexanecarbonitrile
26             (PCC).
27             (3)  Nabilone.
28    (Source: P.A. 88-168; 89-202, eff. 10-1-95.)

29        (720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
30        Sec.  208.  (a)  The controlled substances listed in this
31    Section are included in Schedule III.
32        (b)  Unless specifically excepted  or  unless  listed  in
33    another   schedule,   any  material,  compound,  mixture,  or
 
HB2574 Enrolled            -27-                LRB9104866DJcd
 1    preparation which contains  any  quantity  of  the  following
 2    substances  having  a stimulant effect on the central nervous
 3    system,  including  its  salts,  isomers   (whether   optical
 4    position,  or  geometric), and salts of such isomers whenever
 5    the existence of such salts, isomers, and salts of isomers is
 6    possible within the specific chemical designation;
 7             (1)  Those compounds, mixtures, or  preparations  in
 8        dosage  unit  form  containing  any  stimulant substances
 9        listed in  Schedule  II  which  compounds,  mixtures,  or
10        preparations  were listed on August 25, 1971, as excepted
11        compounds under Title 21, Code  of  Federal  Regulations,
12        Section  308.32,  and  any other drug of the quantitative
13        composition shown in that list for those drugs  or  which
14        is  the same except that it contains a lesser quantity of
15        controlled substances;
16             (2)  Benzphetamine;
17             (3)  Chlorphentermine;
18             (4)  Clortermine;
19             (5)  Phendimetrazine.
20        (c)  Unless specifically excepted  or  unless  listed  in
21    another   schedule,   any  material,  compound,  mixture,  or
22    preparation which contains  any  quantity  of  the  following
23    substances  having  a  potential  for abuse associated with a
24    depressant effect on the central nervous system:
25             (1)  Any   compound,   mixture,    or    preparation
26        containing  amobarbital,  secobarbital,  pentobarbital or
27        any salt thereof and one or more other  active  medicinal
28        ingredients which are not listed in any schedule;
29             (2)  Any    suppository   dosage   form   containing
30        amobarbital, secobarbital, pentobarbital or any  salt  of
31        any  of  these drugs and approved by the Federal Food and
32        Drug Administration for marketing only as a suppository;
33             (3)  Any substance which contains any quantity of  a
34        derivative of barbituric acid, or any salt thereof:
 
HB2574 Enrolled            -28-                LRB9104866DJcd
 1             (4)  Chlorhexadol;
 2             (5)  Methyprylon;
 3             (6)  Sulfondiethylmethane;
 4             (7)  Sulfonethylmethane;
 5             (8)  Sulfonmethane;
 6             (9)  Lysergic acid;
 7             (10)  Lysergic acid amide;
 8             (10.1)  Tiletamine or zolazepam or both, or any salt
 9        of either of them.
10        Some trade or other names for a tiletamine-zolazepam
11        combination product: Telazol.
12        Some trade or other names for Tiletamine:
13        2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
14        Some trade or other names for zolazepam:
15        4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
16        [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
17             (11)  Any material, compound, mixture or preparation
18        containing  not  more than 12.5 milligrams of pentazocine
19        or any of its salts, per 325 milligrams of aspirin;
20             (12)  Any material, compound, mixture or preparation
21        containing not more than 12.5 milligrams  of  pentazocine
22        or any of its salts, per 325 milligrams of acetaminophen;
23             (13)  Any material, compound, mixture or preparation
24        containing  not more than 50 milligrams of pentazocine or
25        any of its salts plus naloxone HCl  USP  0.5  milligrams,
26        per dosage unit;
27             (14)  Ketamine.
28        (d)  Nalorphine.
29        (e)  Unless  specifically  excepted  or  unless listed in
30    another  schedule,  any  material,  compound,   mixture,   or
31    preparation  containing  limited  quantities  of  any  of the
32    following narcotic drugs, or their salts  calculated  as  the
33    free anhydrous base or alkaloid, as set forth below:
34             (1)  not  more  than  1.8  grams  of codeine per 100
 
HB2574 Enrolled            -29-                LRB9104866DJcd
 1        milliliters or not more than  90  milligrams  per  dosage
 2        unit,   with   an   equal   or  greater  quantity  of  an
 3        isoquinoline alkaloid of opium;
 4             (2)  not more than 1.8  grams  of  codeine  per  100
 5        milliliters  or  not  more  than 90 milligrams per dosage
 6        unit, with one or more active non-narcotic ingredients in
 7        recognized therapeutic amounts;
 8             (3)  not    more    than    300    milligrams     of
 9        dihydrocodeinone  per 100 milliliters or not more than 15
10        milligrams per dosage unit, with a  fourfold  or  greater
11        quantity of an isoquinoline alkaloid of opium;
12             (4)  not     more    than    300    milligrams    of
13        dihydrocodeinone per 100 milliliters or not more than  15
14        milligrams  per  dosage  unit,  with  one or more active,
15        non-narcotic  ingredients   in   recognized   therapeutic
16        amounts;
17             (5)  not  more  than 1.8 grams of dihydrocodeine per
18        100 milliliters or not more than 90 milligrams per dosage
19        unit, with one or more active,  non-narcotic  ingredients
20        in recognized therapeutic amounts;
21             (6)  not  more  than 300 milligrams of ethylmorphine
22        per 100 milliliters or not more than  15  milligrams  per
23        dosage  unit,  with  one  or  more  active,  non-narcotic
24        ingredients in recognized therapeutic amounts;
25             (7)  not  more  than 500 milligrams of opium per 100
26        milliliters or  per  100  grams,  or  not  more  than  25
27        milligrams  per  dosage  unit,  with  one or more active,
28        non-narcotic  ingredients   in   recognized   therapeutic
29        amounts;
30             (8)  not more than 50 milligrams of morphine per 100
31        milliliters  or  per  100  grams with one or more active,
32        non-narcotic  ingredients   in   recognized   therapeutic
33        amounts.
34        (f)  Anabolic  steroids,  except  the  following anabolic
 
HB2574 Enrolled            -30-                LRB9104866DJcd
 1    steroids that are exempt:
 2             (1)  Androgyn L.A.;
 3             (2)  Andro-Estro 90-4;
 4             (3)  depANDROGYN;
 5             (4)  DEPO-T.E.;
 6             (5)  depTESTROGEN;
 7             (6)  Duomone;
 8             (7)  DURATESTRIN;
 9             (8)  DUO-SPAN II;
10             (9)  Estratest;
11             (10)  Estratest H.S.;
12             (11)  PAN ESTRA TEST;
13             (12)  Premarin with Methyltestosterone;
14             (13)  TEST-ESTRO Cypionates;
15             (14)  Testosterone Cyp 50 Estradiol Cyp 2;
16             (15)  Testosterone   Cypionate-Estradiol   Cypionate
17        injection; and
18             (16)  Testosterone   Enanthate-Estradiol    Valerate
19        injection.
20        (g)  Hallucenogenic substances.
21             (1)  Dronabinol   (synthetic)   in  sesame  oil  and
22        encapsulated in a soft gelatin capsule in a U.S. Food and
23        Drug Administration approved product.  Some  other  names
24        for     dronabinol:    (6aR-trans)-6a,7,8,10a-tetrahydro-
25        6,6,9-trimetjyl-3-pentyl-6H-debenzo (b,d) pyran-1-ol)  or
26        (-)-delta-9-(trans)-tetrahydrocannibinol.
27             (2)  (Reserved).
28        (h)  The  Department  may  except  by  rule any compound,
29    mixture,  or  preparation   containing   any   stimulant   or
30    depressant  substance  listed  in  subsection  (b)  from  the
31    application  of  all or any part of this Act if the compound,
32    mixture, or preparation contains one or more active medicinal
33    ingredients not having a stimulant or  depressant  effect  on
34    the  central  nervous  system,  and  if  the  admixtures  are
 
HB2574 Enrolled            -31-                LRB9104866DJcd
 1    included  therein  in  combinations, quantity, proportion, or
 2    concentration that vitiate the potential  for  abuse  of  the
 3    substances which have a stimulant or depressant effect on the
 4    central nervous system.
 5    (Source: P.A. 89-202, eff. 10-1-95; 90-382, eff. 8-15-97.)

 6        (720 ILCS 570/210) (from Ch. 56 1/2, par. 1210)
 7        Sec.  210.   (a) The controlled substances listed in this
 8    Section are included in Schedule IV.
 9        (b)  Unless specifically excepted  or  unless  listed  in
10    another   schedule,   any  material,  compound,  mixture,  or
11    preparation containing  limited  quantities  of  any  of  the
12    following  narcotic  drugs,  or their salts calculated as the
13    free anhydrous base or alkaloid, as set forth below:
14             (1)  Not more than 1  milligram  of  difenoxin  (DEA
15        Drug  Code  No.  9618) and not less than 25 micrograms of
16        atropine sulfate per dosage unit.
17             (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
18        2-diphenyl-3-methyl-2-propionoxybutane).
19        (c)  Unless specifically excepted  or  unless  listed  in
20    another   schedule,   any  material,  compound,  mixture,  or
21    preparation which contains  any  quantity  of  the  following
22    substances  having  a  potential  for abuse associated with a
23    depressant effect on the central nervous system:
24             (1)  Alprazolam;
25             (2)  Barbital;
26             (2.1)  Bromazepam;
27             (2.2)  Camazepam;
28             (3)  Chloral Betaine;
29             (4)  Chloral Hydrate;
30             (5)  Chlordiazepoxide;
31             (5.1)  Clobazam;
32             (6)  Clonazepam;
33             (7)  Clorazepate;
 
HB2574 Enrolled            -32-                LRB9104866DJcd
 1             (7.1)  Clotiazepam;
 2             (7.2)  Cloxazolam;
 3             (7.3)  Delorazepam;
 4             (8)  Diazepam;
 5             (8.1)  Estazolam;
 6             (9)  Ethchlorvynol;
 7             (10)  Ethinamate;
 8             (10.1)  Ethyl loflazepate;
 9             (10.2)  Fludiazepam;
10             (10.3)  Flunitrazepam;
11             (11)  Flurazepam;
12             (12)  Halazepam;
13             (12.1)  Haloxazolam;
14             (12.2)  Ketazolam;
15             (12.3)  Loprazolam;
16             (13)  Lorazepam;
17             (13.1)  Lormetazepam;
18             (14)  Mebutamate;
19             (14.1)  Medazepam;
20             (15)  Meprobamate;
21             (16)  Methohexital;
22             (17)  Methylphenobarbital (Mephobarbital);
23             (17.1)  Midazolam;
24             (17.2)  Nimetazepam;
25             (17.3)  Nitrazepam;
26             (17.4)  Nordiazepam;
27             (18)  Oxazepam;
28             (18.1)  Oxazolam;
29             (19)  Paraldehyde;
30             (20)  Petrichloral;
31             (21)  Phenobarbital;
32             (21.1)  Pinazepam;
33             (22)  Prazepam;
34             (22.1)  Quazepam;
 
HB2574 Enrolled            -33-                LRB9104866DJcd
 1             (23)  Temazepam;
 2             (23.1)  Tetrazepam;
 3             (24)  Triazolam;
 4             (24.5)  Zaleplon;
 5             (25)  Zolpidem Zolpidam.
 6        (d)  Any  material,  compound,  mixture,  or  preparation
 7    which contains any  quantity  of  the  following  substances,
 8    including  its  salts, isomers (whether optical, position, or
 9    geometric), and salts of such isomers, whenever the existence
10    of such salts, isomers and salts of isomers is possible:
11             (1)  Fenfluramine.
12        (e)  Unless specifically excepted  or  unless  listed  in
13    another   schedule   any   material,  compound,  mixture,  or
14    preparation which contains  any  quantity  of  the  following
15    substances  having  a stimulant effect on the central nervous
16    system,  including  its  salts,  isomers  (whether   optical,
17    position  or  geometric),  and salts of such isomers whenever
18    the existence of such salts, isomers, and salts of isomers is
19    possible within the specific chemical designation:
20             (1)  Cathine ((+)-norpseudoephedrine);
21             (1.1)   Diethylpropion;
22             (1.2)  Fencamfamin;
23             (1.3)  Fenproporex;
24             (2)  Mazindol;
25             (2.1)  Mefenorex;
26             (3)  Phentermine;
27             (4)  Pemoline  (including  organometallic  complexes
28        and chelates thereof);
29             (5)  Pipradrol;
30             (6)  SPA ((-)-1-dimethylamino-1, 2-diphenylethane);.
31             (7)  Modafinil;
32             (8)  Sibutramine.
33        (f)  Other Substances.  Unless specifically  excepted  or
34    unless  listed  in  another schedule, any material, compound,
 
HB2574 Enrolled            -34-                LRB9104866DJcd
 1    mixture, or preparation that contains  any  quantity  of  the
 2    following substance, including its salts:
 3             (1)  Butorphanol (including its optical isomers).
 4        (g)  The  Department  may  except  by  rule any compound,
 5    mixture, or preparation containing any  depressant  substance
 6    listed  in  subsection (b) from the application of all or any
 7    part of this Act if the  compound,  mixture,  or  preparation
 8    contains  one or more active medicinal ingredients not having
 9    a depressant effect on the central nervous system, and if the
10    admixtures are included therein  in  combinations,  quantity,
11    proportion,  or  concentration that vitiate the potential for
12    abuse of the substances which have a depressant effect on the
13    central nervous system.
14        (h)  Except as otherwise provided  in  Section  216,  any
15    material, compound, mixture, or preparation that contains any
16    quantity of the following substance having a stimulant effect
17    on   the   central   nervous  system,  including  its  salts,
18    enantiomers  (optical  isomers)  and  salts  of   enantiomers
19    (optical isomers):
20             (1)  Ephedrine, its salts, optical isomers and salts
21        of optical isomers.
22    (Source: P.A. 89-202, eff. 10-1-95; 90-775, eff. 1-1-99.)

23        (720 ILCS 570/214) (from Ch. 56 1/2, par. 1214)
24        Sec. 214.  Excluded Substances.
25        (a)  Products  containing  an  anabolic steroid, that are
26    expressly intended for  administration  through  implants  to
27    cattle  or other nonhuman species and that have been approved
28    by the Secretary  of  Health  and  Human  Services  for  that
29    administration,  and  that  are  excluded  from all schedules
30    under  Section  102(41)(B)(1)  of  the   federal   Controlled
31    Substances  Act  (21  U.S.C. 802(41)(B)(1)) are also excluded
32    from Sections 207 and 208 of this Act.
33        (b)  The  non-narcotic  substances  excluded   from   all
 
HB2574 Enrolled            -35-                LRB9104866DJcd
 1    schedules of the Federal Controlled Substances Act (21 U.S.C.
 2    801  et  seq.)    pursuant  to Section 1308.22 of the Code of
 3    Federal regulations (21 C.F.R. 1308.22),  are  excluded  from
 4    all schedules of this Act.
 5    (Source: P.A. 80-472.)

 6        (720 ILCS 570/217 new)
 7        Sec.  217.  Exempt  anabolic steroid products. Compounds,
 8    mixtures, or preparations that contain  an  anabolic  steroid
 9    that  have  been exempted by the Administrator of the federal
10    Drug Enforcement Administration from application of  Sections
11    302 through 309 and Sections 1002 through 1004 of the federal
12    Controlled  Substances Act (21 U.S.C. 822 through 829 and 952
13    through 954)  and   21  CFR  1301.13,  1301.22,  and  1301.71
14    through 1301.76  are also exempt from Sections 207 and 208 of
15    this Act.

16        (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
17        (Text of Section before amendment by P.A. 91-576)
18        Sec.  309.    No  person shall issue a prescription for a
19    Schedule II controlled substance, which is  a  narcotic  drug
20    listed  in  Section  206  of  this Act; or which contains any
21    quantity of  amphetamine  or  methamphetamine,  their  salts,
22    optical  isomers  or  salts of optical isomers; phenmetrazine
23    and  its  salts;  gluthethimide;  pentazocine;  or  which  is
24    hereafter determined to be a "designated product," as defined
25    in Section 102 of  this  Act,  other  than  on  the  official
26    prescription  blank  issued  by  the Department and no person
27    shall fill any such prescription other than on  the  official
28    prescription blank issued by the Department; provided that in
29    the  case of an emergency, epidemic or a sudden or unforeseen
30    accident or calamity, the prescriber may issue a lawful  oral
31    prescription  or  transmit  via facsimile equipment a written
32    prescription order or a written prescription on a blank other
 
HB2574 Enrolled            -36-                LRB9104866DJcd
 1    than the official prescription blank issued by the Department
 2    where failure to issue such a prescription  might  result  in
 3    loss  of  life  or  intense  suffering, but such prescription
 4    shall have endorsed thereon by  the  prescriber  a  statement
 5    concerning   the   accident  or  calamity,  or  circumstances
 6    constituting  the  emergency,  the  cause   for   which   the
 7    unofficial  blank was used.  Within 72 hours after issuing an
 8    emergency prescription, the prescriber shall cause a  written
 9    prescription  on  the  official  prescription  blank  for the
10    emergency  quantity  prescribed  to  be  delivered   to   the
11    dispensing  pharmacist.   The prescription shall have written
12    on its face "Authorization for Emergency Dispensing", and the
13    date of the emergency prescription. The written  prescription
14    on  the  official  prescription blank may be delivered to the
15    pharmacist in person or by mail, but if delivered by mail  it
16    must  be  postmarked within the 72-hour period. Upon receipt,
17    the dispensing pharmacist shall attach this  prescription  to
18    the  emergency  prescription earlier received, or in the case
19    of an oral prescription, reduced to writing.  The  dispensing
20    pharmacist  shall  notify the Department of Human Services if
21    the  prescriber  fails  to  deliver  the  authorization   for
22    emergency  dispensing  on  the official prescription blank to
23    him.  Failure of the dispensing pharmacist  to  do  so  shall
24    void  the  authority  conferred by this paragraph to dispense
25    without a written prescription on  an  official  prescription
26    blank  of  a  prescriber.  All  prescriptions on the official
27    blanks shall be written in triplicate and  all  three  copies
28    signed  by  the  prescriber.   All  prescriptions  issued for
29    Schedule  II  controlled  substances  shall  include  both  a
30    written and numerical notation of quantity on the face of the
31    prescription.  No prescription for a Schedule  II  controlled
32    substance may be refilled.
33    (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)

34        (Text of Section after amendment by P.A. 91-576)
 
HB2574 Enrolled            -37-                LRB9104866DJcd
 1        Sec.  309.    On  or after April 1, 2000, no person shall
 2    issue a prescription for a Schedule II controlled  substance,
 3    which  is  a narcotic drug listed in Section 206 of this Act;
 4    or  which   contains   any   quantity   of   amphetamine   or
 5    methamphetamine,  their  salts,  optical  isomers or salts of
 6    optical isomers; phenmetrazine and its salts;  gluthethimide;
 7    and  pentazocine;  or  which  is hereafter determined to be a
 8    "designated product," as defined in Section 102 of this  Act,
 9    other  than  on  a written prescription; provided that in the
10    case of an emergency, epidemic  or  a  sudden  or  unforeseen
11    accident  or calamity, the prescriber may issue a lawful oral
12    prescription where failure to issue such a prescription might
13    result in loss of life or intense suffering,  but  such  oral
14    prescription  shall  include  a  statement  by the prescriber
15    concerning  the  accident  or  calamity,   or   circumstances
16    constituting  the  emergency,  the  cause  for  which an oral
17    prescription was  used.   Within  7  days  after  issuing  an
18    emergency  prescription, the prescriber shall cause a written
19    prescription for the  emergency  quantity  prescribed  to  be
20    delivered  to  the  dispensing  pharmacist.  The prescription
21    shall have written on its face "Authorization  for  Emergency
22    Dispensing",  and the date of the emergency prescription. The
23    written prescription may be delivered to  the  pharmacist  in
24    person,  or  by  mail  or  via  facsimile  equipment,  but if
25    delivered by mail it must  be  postmarked  within  the  7-day
26    period.  Upon receipt, the dispensing pharmacist shall attach
27    this prescription to the emergency oral prescription  earlier
28    received  and  reduced to writing.  The dispensing pharmacist
29    shall  notify  the  Department  of  Human  Services  if   the
30    prescriber  fails  to deliver the authorization for emergency
31    dispensing on  the  prescription  to  him.   Failure  of  the
32    dispensing  pharmacist  to  do  so  shall  void the authority
33    conferred by this paragraph to  dispense  without  a  written
34    prescription  of  a prescriber.  All prescriptions issued for
 
HB2574 Enrolled            -38-                LRB9104866DJcd
 1    Schedule  II  controlled  substances  shall  include  both  a
 2    written and numerical notation of quantity on the face of the
 3    prescription.  No prescription for a Schedule  II  controlled
 4    substance may be refilled.
 5    (Source: P.A. 91-576, eff. 4-1-00.)

 6        (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
 7        (Text of Section before amendment by P.A. 91-576)
 8        Sec.   312.    Requirements   for  dispensing  controlled
 9    substances.
10        (a)  A  practitioner,  in  good  faith,  may  dispense  a
11    Schedule II controlled substance, which is  a  narcotic  drug
12    listed  in  Section  206  of  this Act; or which contains any
13    quantity of  amphetamine  or  methamphetamine,  their  salts,
14    optical  isomers  or  salts of optical isomers; phenmetrazine
15    and its salts; pentazocine; or which is hereafter  determined
16    to  be  a  "designated product," as defined in Section 102 of
17    this Act to any person upon an official prescription form and
18    Schedule III, IV, or V controlled substances  to  any  person
19    upon  a  written  prescription  of  any prescriber, dated and
20    signed by the person prescribing on the day when  issued  and
21    bearing  the name and address of the patient for whom, or the
22    owner of the animal for which  the  controlled  substance  is
23    dispensed,  and  the  full  name, address and registry number
24    under the laws of the United States  relating  to  controlled
25    substances of the prescriber, if he is required by those laws
26    to  be  registered.  If  the prescription is for an animal it
27    shall state the species of animal for which  it  is  ordered.
28    The  practitioner  filling  the  prescription shall write the
29    date of filling and his own signature  on  the  face  of  the
30    official prescription form. The official prescription form or
31    the  written  prescription  shall  be retained on file by the
32    practitioner  who  filled  it  or  pharmacy  in   which   the
33    prescription  was filled for a period of 2 years, so as to be
 
HB2574 Enrolled            -39-                LRB9104866DJcd
 1    readily accessible for inspection or removal by  any  officer
 2    or employee engaged in the enforcement of this Act.  Whenever
 3    the  practitioner's  or  pharmacy's  copy of any prescription
 4    form is removed by an officer  or  employee  engaged  in  the
 5    enforcement  of this Act, for the purpose of investigation or
 6    as evidence, such officer  or  employee  shall  give  to  the
 7    practitioner  or  pharmacy  a  receipt  in  lieu  thereof.  A
 8    prescription  form  for  a  Schedule  II controlled substance
 9    shall not be filled more  than  7  days  after  the  date  of
10    issuance.  A  written  prescription for Schedule III, IV or V
11    controlled substances shall not be filled  or  refilled  more
12    than  6 months after the date thereof or refilled more than 5
13    times unless renewed, in writing, by the prescriber.
14        (b)  In lieu of a written prescription required  by  this
15    Section,  a  pharmacist, in good faith, may dispense Schedule
16    III, IV, or V substances to any person either upon  receiving
17    a  facsimile of a written, signed prescription transmitted by
18    the prescriber or the prescriber's agent  or  upon  a  lawful
19    oral  prescription  of  a  prescriber which oral prescription
20    shall be reduced promptly to writing by  the  pharmacist  and
21    such  written  memorandum  thereof  shall be dated on the day
22    when such oral prescription is received by the pharmacist and
23    shall bear the full name and address of the ultimate user for
24    whom, or of the owner of the animal for which the  controlled
25    substance  is  dispensed,  and  the  full  name, address, and
26    registry number under the law of the United  States  relating
27    to  controlled substances of the prescriber prescribing if he
28    is required by those  laws  to  be  so  registered,  and  the
29    pharmacist  filling  such  oral  prescription shall write the
30    date of filling and his own signature on  the  face  of  such
31    written  memorandum  thereof.   The  facsimile  copy  of  the
32    prescription  or  written memorandum of the oral prescription
33    shall be retained on file by the proprietor of  the  pharmacy
34    in  which  it  is  filled  for  a period of not less than two
 
HB2574 Enrolled            -40-                LRB9104866DJcd
 1    years, so as to be readily accessible for inspection  by  any
 2    officer or employee engaged in the enforcement of this Act in
 3    the  same  manner  as  a written prescription.  The facsimile
 4    copy of the prescription or oral prescription and the written
 5    memorandum thereof shall not be filled or refilled more  than
 6    6  months  after  the date thereof or be refilled more than 5
 7    times, unless renewed, in writing, by the prescriber.
 8        (c)  A controlled substance included in Schedule V  shall
 9    not  be  distributed  or  dispensed  other than for a medical
10    purpose and not for the purpose  of  evading  this  Act,  and
11    then:
12             (1)  only  personally  by  a  person  registered  to
13        dispense  a Schedule V controlled substance and then only
14        to his patients, or
15             (2)  only personally by a pharmacist, and then  only
16        to  a  person  over  21  years  of age who has identified
17        himself  to  the  pharmacist  by  means  of  2   positive
18        documents of identification.
19             (3)  the dispenser shall record the name and address
20        of  the  purchaser, the name and quantity of the product,
21        the date and  time  of  the  sale,  and  the  dispenser's
22        signature.
23             (4)  no  person  shall purchase or be dispensed more
24        than 120 milliliters  or  more  than  120  grams  of  any
25        Schedule    V    substance    which   contains   codeine,
26        dihydrocodeine, or any salts thereof,  or  ethylmorphine,
27        or  any  salts  thereof,  in  any  96  hour  period.  The
28        purchaser shall sign a form, approved by  the  Department
29        of  Professional  Regulation,  attesting  that he has not
30        purchased any Schedule V controlled substances within the
31        immediately preceding 96 hours.
32             (5)  a copy of the records of  sale,  including  all
33        information required by paragraph (3), shall be forwarded
34        to  the  Department  of  Professional  Regulation  at its
 
HB2574 Enrolled            -41-                LRB9104866DJcd
 1        principal office by the 15th day of the following month.
 2             (6)  all records of purchases  and  sales  shall  be
 3        maintained for not less than 2 years.
 4             (7)  no  person  shall  obtain  or attempt to obtain
 5        within any consecutive 96  hour  period  any  Schedule  V
 6        substances  of more than 120 milliliters or more than 120
 7        grams containing codeine, dihydrocodeine or  any  of  its
 8        salts,  or ethylmorphine or any of its salts.  Any person
 9        obtaining  any  such  preparations  or   combination   of
10        preparations  in  excess  of  this limitation shall be in
11        unlawful possession of such controlled substance.
12             (8)  a  person  qualified  to  dispense   controlled
13        substances under this Act and registered thereunder shall
14        at  no  time  maintain  or  keep  in  stock a quantity of
15        Schedule V controlled substances defined  and  listed  in
16        Section  212  (b) (1), (2) or (3) in excess of 4.5 liters
17        for each substance; a pharmacy shall at no time  maintain
18        or  keep  in  stock  a  quantity of Schedule V controlled
19        substances as defined in excess of 4.5  liters  for  each
20        substance,  plus  the  additional  quantity of controlled
21        substances  necessary  to  fill  the  largest  number  of
22        prescription orders filled  by  that  pharmacy  for  such
23        controlled  substances  in  any  one week in the previous
24        year.  These limitations shall not apply  to  Schedule  V
25        controlled  substances  which  Federal law prohibits from
26        being dispensed without a prescription.
27             (9)  no person shall distribute  or  dispense  butyl
28        nitrite  for  inhalation  or  other introduction into the
29        human body for euphoric or physical effect.
30        (d)  Every practitioner shall keep a record of controlled
31    substances  received  by  him  and  a  record  of  all   such
32    controlled     substances    administered,    dispensed    or
33    professionally used by him otherwise  than  by  prescription.
34    It   shall,  however,  be  sufficient  compliance  with  this
 
HB2574 Enrolled            -42-                LRB9104866DJcd
 1    paragraph if any practitioner utilizing controlled substances
 2    listed in Schedules III, IV and V shall keep a record of  all
 3    those  substances dispensed and distributed by him other than
 4    those controlled substances which  are  administered  by  the
 5    direct  application  of  a  controlled  substance, whether by
 6    injection, inhalation, ingestion, or any other means  to  the
 7    body  of  a  patient  or research subject. A practitioner who
 8    dispenses,  other  than  by   administering,   a   controlled
 9    substance  in Schedule II, which is a narcotic drug listed in
10    Section 206 of this Act, or which contains  any  quantity  of
11    amphetamine  or methamphetamine, their salts, optical isomers
12    or salts of optical isomers,  pentazocine,  methaqualone,  or
13    which is hereafter determined to be a "designated product" as
14    defined in Section 102 of this Act, shall do so only upon the
15    issuance  of  an official prescription blank by a prescriber;
16    and every  practitioner  who  so  dispenses  such  designated
17    products shall comply with the provisions of Sections 310 and
18    311 of this Act.
19        (e)  Whenever  a  manufacturer  distributes  a controlled
20    substance in a  package  prepared  by  him,  and  whenever  a
21    wholesale distributor distributes a controlled substance in a
22    package  prepared  by  him  or  the  manufacturer,  he  shall
23    securely  affix  to  each  package in which that substance is
24    contained a label showing in legible  English  the  name  and
25    address   of   the  manufacturer,  the  distributor  and  the
26    quantity, kind and form  of  controlled  substance  contained
27    therein.   No  person  except  a  pharmacist and only for the
28    purposes of filling a  prescription  under  this  Act,  shall
29    alter, deface or remove any label so affixed.
30        (f)  Whenever  a  practitioner  dispenses  any controlled
31    substance, he shall affix to  the  container  in  which  such
32    substance  is  sold or dispensed, a label indicating the date
33    of initial filling, the practitioner's name and address,  the
34    serial  number  of the prescription, the name of the patient,
 
HB2574 Enrolled            -43-                LRB9104866DJcd
 1    the name of  the  prescriber,  the  directions  for  use  and
 2    cautionary  statements, if any, contained in any prescription
 3    or required by law, the proprietary  name  or  names  or  the
 4    established  name of the controlled substance, and the dosage
 5    and quantity, except as otherwise authorized by regulation by
 6    the Department of Professional Regulation.  No  person  shall
 7    alter, deface or remove any label so affixed.
 8        (g)  A  person  to  whom  or for whose use any controlled
 9    substance has been prescribed or dispensed by a practitioner,
10    or other persons authorized under this Act, and the owner  of
11    any  animal  for  which such substance has been prescribed or
12    dispensed  by  a  veterinarian,  may  lawfully  possess  such
13    substance only in the container in which it was delivered  to
14    him by the person dispensing such substance.
15        (h)  The  responsibility  for  the  proper prescribing or
16    dispensing of controlled substances is  upon  the  prescriber
17    and   the   responsibility   for  the  proper  filling  of  a
18    prescription for controlled substance drugs  rests  with  the
19    pharmacist.   An order purporting to be a prescription issued
20    to any individual, which is not  in  the  regular  course  of
21    professional  treatment  nor  part of an authorized methadone
22    maintenance  program,  nor  in  legitimate   and   authorized
23    research  instituted  by any accredited hospital, educational
24    institution, charitable  foundation,  or  federal,  state  or
25    local  governmental  agency, and which is intended to provide
26    that individual  with  controlled  substances  sufficient  to
27    maintain that individual's or any other individual's physical
28    or   psychological  addiction,  habitual  or  customary  use,
29    dependence, or diversion of that controlled substance is  not
30    a prescription within the meaning and intent of this Act; and
31    the  person  issuing  it,  shall  be subject to the penalties
32    provided for violations of the  law  relating  to  controlled
33    substances.
34        (i)  A  prescriber  shall  not  preprint  or  cause to be
 
HB2574 Enrolled            -44-                LRB9104866DJcd
 1    preprinted a prescription for any controlled  substance;  nor
 2    shall  any  practitioner issue, fill or cause to be issued or
 3    filled,  a  preprinted  prescription   for   any   controlled
 4    substance.
 5        (j)  No  person  shall  manufacture,  dispense,  deliver,
 6    possess  with  intent to deliver, prescribe, or administer or
 7    cause to be administered under  his  direction  any  anabolic
 8    steroid,  for  any  use in humans other than the treatment of
 9    disease in accordance with the order of a physician  licensed
10    to  practice medicine in all its branches for a valid medical
11    purpose in the course of professional practice.  The  use  of
12    anabolic  steroids  for  the purpose of hormonal manipulation
13    that is intended to increase muscle mass, strength or  weight
14    without  a  medical  necessity  to do so, or for the intended
15    purpose of improving physical appearance  or  performance  in
16    any  form of exercise, sport, or game, is not a valid medical
17    purpose or in the course of professional practice.
18    (Source: P.A. 89-202, eff. 10-1-95; 90-253, eff. 7-29-97.)

19        (Text of Section after amendment by P.A. 91-576)
20        Sec.  312.   Requirements   for   dispensing   controlled
21    substances.
22        (a)  A  practitioner,  in  good  faith,  may  dispense  a
23    Schedule  II  controlled  substance, which is a narcotic drug
24    listed in Section 206 of this  Act;  or  which  contains  any
25    quantity  of  amphetamine  or  methamphetamine,  their salts,
26    optical isomers or salts of  optical  isomers;  phenmetrazine
27    and   its  salts;  or  pentazocine;  or  which  is  hereafter
28    determined to  be  a  "designated  product,"  as  defined  in
29    Section 102 of this Act and Schedule III, IV, or V controlled
30    substances  to  any person upon a written prescription of any
31    prescriber, dated and signed by the person prescribing on the
32    day when issued and bearing  the  name  and  address  of  the
33    patient  for  whom,  or the owner of the animal for which the
34    controlled substance is dispensed, and the full name, address
 
HB2574 Enrolled            -45-                LRB9104866DJcd
 1    and registry number under  the  laws  of  the  United  States
 2    relating to controlled substances of the prescriber, if he is
 3    required  by those laws to be registered. If the prescription
 4    is for an animal it shall state the  species  of  animal  for
 5    which   it   is   ordered.    The  practitioner  filling  the
 6    prescription shall write the date  of  filling  and  his  own
 7    signature  on  the  face  of  the  written  prescription. The
 8    written  prescription  shall  be  retained  on  file  by  the
 9    practitioner  who  filled  it  or  pharmacy  in   which   the
10    prescription  was filled for a period of 2 years, so as to be
11    readily accessible for inspection or removal by  any  officer
12    or employee engaged in the enforcement of this Act.  Whenever
13    the  practitioner's or pharmacy's copy of any prescription is
14    removed by an officer or employee engaged in the  enforcement
15    of this Act, for the purpose of investigation or as evidence,
16    such  officer  or  employee shall give to the practitioner or
17    pharmacy a receipt in lieu thereof. A prescription form for a
18    Schedule II controlled substance shall  not  be  filled  more
19    than   7   days  after  the  date  of  issuance.   A  written
20    prescription for Schedule III, IV or V controlled  substances
21    shall  not be filled or refilled more than 6 months after the
22    date thereof or refilled more than 5 times unless renewed, in
23    writing, by the prescriber.
24        (b)  In lieu of a written prescription required  by  this
25    Section,  a  pharmacist, in good faith, may dispense Schedule
26    III, IV, or V substances to any person either upon  receiving
27    a  facsimile of a written, signed prescription transmitted by
28    the prescriber or the prescriber's agent  or  upon  a  lawful
29    oral  prescription  of  a  prescriber which oral prescription
30    shall be reduced promptly to writing by  the  pharmacist  and
31    such  written  memorandum  thereof  shall be dated on the day
32    when such oral prescription is received by the pharmacist and
33    shall bear the full name and address of the ultimate user for
34    whom, or of the owner of the animal for which the  controlled
 
HB2574 Enrolled            -46-                LRB9104866DJcd
 1    substance  is  dispensed,  and  the  full  name, address, and
 2    registry number under the law of the United  States  relating
 3    to  controlled substances of the prescriber prescribing if he
 4    is required by those  laws  to  be  so  registered,  and  the
 5    pharmacist  filling  such  oral  prescription shall write the
 6    date of filling and his own signature on  the  face  of  such
 7    written  memorandum  thereof.   The  facsimile  copy  of  the
 8    prescription  or  written memorandum of the oral prescription
 9    shall be retained on file by the proprietor of  the  pharmacy
10    in  which  it  is  filled  for  a period of not less than two
11    years, so as to be readily accessible for inspection  by  any
12    officer or employee engaged in the enforcement of this Act in
13    the  same  manner  as  a written prescription.  The facsimile
14    copy of the prescription or oral prescription and the written
15    memorandum thereof shall not be filled or refilled more  than
16    6  months  after  the date thereof or be refilled more than 5
17    times, unless renewed, in writing, by the prescriber.
18        (c)  A controlled substance included in Schedule V  shall
19    not  be  distributed  or  dispensed  other than for a medical
20    purpose and not for the purpose  of  evading  this  Act,  and
21    then:
22             (1)  only  personally  by  a  person  registered  to
23        dispense  a Schedule V controlled substance and then only
24        to his patients, or
25             (2)  only personally by a pharmacist, and then  only
26        to  a  person  over  21  years  of age who has identified
27        himself  to  the  pharmacist  by  means  of  2   positive
28        documents of identification.
29             (3)  the dispenser shall record the name and address
30        of  the  purchaser, the name and quantity of the product,
31        the date and  time  of  the  sale,  and  the  dispenser's
32        signature.
33             (4)  no  person  shall purchase or be dispensed more
34        than 120 milliliters  or  more  than  120  grams  of  any
 
HB2574 Enrolled            -47-                LRB9104866DJcd
 1        Schedule    V    substance    which   contains   codeine,
 2        dihydrocodeine, or any salts thereof,  or  ethylmorphine,
 3        or  any  salts  thereof,  in  any  96  hour  period.  The
 4        purchaser shall sign a form, approved by  the  Department
 5        of  Professional  Regulation,  attesting  that he has not
 6        purchased any Schedule V controlled substances within the
 7        immediately preceding 96 hours.
 8             (5)  a copy of the records of  sale,  including  all
 9        information required by paragraph (3), shall be forwarded
10        to  the  Department  of  Professional  Regulation  at its
11        principal office by the 15th day of the following month.
12             (6)  all records of purchases  and  sales  shall  be
13        maintained for not less than 2 years.
14             (7)  no  person  shall  obtain  or attempt to obtain
15        within any consecutive 96  hour  period  any  Schedule  V
16        substances  of more than 120 milliliters or more than 120
17        grams containing codeine, dihydrocodeine or  any  of  its
18        salts,  or ethylmorphine or any of its salts.  Any person
19        obtaining  any  such  preparations  or   combination   of
20        preparations  in  excess  of  this limitation shall be in
21        unlawful possession of such controlled substance.
22             (8)  a  person  qualified  to  dispense   controlled
23        substances under this Act and registered thereunder shall
24        at  no  time  maintain  or  keep  in  stock a quantity of
25        Schedule V controlled substances defined  and  listed  in
26        Section  212  (b) (1), (2) or (3) in excess of 4.5 liters
27        for each substance; a pharmacy shall at no time  maintain
28        or  keep  in  stock  a  quantity of Schedule V controlled
29        substances as defined in excess of 4.5  liters  for  each
30        substance,  plus  the  additional  quantity of controlled
31        substances  necessary  to  fill  the  largest  number  of
32        prescription orders filled  by  that  pharmacy  for  such
33        controlled  substances  in  any  one week in the previous
34        year.  These limitations shall not apply  to  Schedule  V
 
HB2574 Enrolled            -48-                LRB9104866DJcd
 1        controlled  substances  which  Federal law prohibits from
 2        being dispensed without a prescription.
 3             (9)  no person shall distribute  or  dispense  butyl
 4        nitrite  for  inhalation  or  other introduction into the
 5        human body for euphoric or physical effect.
 6        (d)  Every practitioner shall keep a record of controlled
 7    substances  received  by  him  and  a  record  of  all   such
 8    controlled     substances    administered,    dispensed    or
 9    professionally used by him otherwise  than  by  prescription.
10    It   shall,  however,  be  sufficient  compliance  with  this
11    paragraph if any practitioner utilizing controlled substances
12    listed in Schedules III, IV and V shall keep a record of  all
13    those  substances dispensed and distributed by him other than
14    those controlled substances which  are  administered  by  the
15    direct  application  of  a  controlled  substance, whether by
16    injection, inhalation, ingestion, or any other means  to  the
17    body  of  a  patient  or research subject. A practitioner who
18    dispenses,  other  than  by   administering,   a   controlled
19    substance  in Schedule II, which is a narcotic drug listed in
20    Section 206 of this Act, or which contains  any  quantity  of
21    amphetamine  or methamphetamine, their salts, optical isomers
22    or salts of optical isomers, pentazocine, or methaqualone, or
23    which is hereafter determined to be a "designated product" as
24    defined in Section 102 of this Act, shall do so only upon the
25    issuance of a written prescription blank by a prescriber; and
26    every practitioner who so dispenses such designated  products
27    shall  comply  with the provisions of Sections 310 and 311 of
28    this Act.
29        (e)  Whenever a  manufacturer  distributes  a  controlled
30    substance  in  a  package  prepared  by  him,  and whenever a
31    wholesale distributor distributes a controlled substance in a
32    package  prepared  by  him  or  the  manufacturer,  he  shall
33    securely affix to each package in  which  that  substance  is
34    contained  a  label  showing  in legible English the name and
 
HB2574 Enrolled            -49-                LRB9104866DJcd
 1    address  of  the  manufacturer,  the  distributor   and   the
 2    quantity,  kind  and  form  of controlled substance contained
 3    therein.  No person except a  pharmacist  and  only  for  the
 4    purposes  of  filling  a  prescription  under this Act, shall
 5    alter, deface or remove any label so affixed.
 6        (f)  Whenever a  practitioner  dispenses  any  controlled
 7    substance,  he  shall  affix  to  the container in which such
 8    substance is sold or dispensed, a label indicating  the  date
 9    of  initial filling, the practitioner's name and address, the
10    name  of  the  patient,  the  name  of  the  prescriber,  the
11    directions  for  use  and  cautionary  statements,  if   any,
12    contained  in  any  prescription  or  required  by  law,  the
13    proprietary  name  or  names  or  the established name of the
14    controlled substance, and the dosage and quantity, except  as
15    otherwise  authorized  by  regulation  by  the  Department of
16    Professional Regulation.  No person shall  alter,  deface  or
17    remove any label so affixed.
18        (g)  A  person  to  whom  or for whose use any controlled
19    substance has been prescribed or dispensed by a practitioner,
20    or other persons authorized under this Act, and the owner  of
21    any  animal  for  which such substance has been prescribed or
22    dispensed  by  a  veterinarian,  may  lawfully  possess  such
23    substance only in the container in which it was delivered  to
24    him by the person dispensing such substance.
25        (h)  The  responsibility  for  the  proper prescribing or
26    dispensing of controlled substances is  upon  the  prescriber
27    and   the   responsibility   for  the  proper  filling  of  a
28    prescription for controlled substance drugs  rests  with  the
29    pharmacist.   An order purporting to be a prescription issued
30    to any individual, which is not  in  the  regular  course  of
31    professional  treatment  nor  part of an authorized methadone
32    maintenance  program,  nor  in  legitimate   and   authorized
33    research  instituted  by any accredited hospital, educational
34    institution, charitable  foundation,  or  federal,  state  or
 
HB2574 Enrolled            -50-                LRB9104866DJcd
 1    local  governmental  agency, and which is intended to provide
 2    that individual  with  controlled  substances  sufficient  to
 3    maintain that individual's or any other individual's physical
 4    or   psychological  addiction,  habitual  or  customary  use,
 5    dependence, or diversion of that controlled substance is  not
 6    a prescription within the meaning and intent of this Act; and
 7    the  person  issuing  it,  shall  be subject to the penalties
 8    provided for violations of the  law  relating  to  controlled
 9    substances.
10        (i)  A  prescriber  shall  not  preprint  or  cause to be
11    preprinted a prescription for any controlled  substance;  nor
12    shall  any  practitioner issue, fill or cause to be issued or
13    filled,  a  preprinted  prescription   for   any   controlled
14    substance.
15        (j)  No  person  shall  manufacture,  dispense,  deliver,
16    possess  with  intent to deliver, prescribe, or administer or
17    cause to be administered under  his  direction  any  anabolic
18    steroid,  for  any  use in humans other than the treatment of
19    disease in accordance with the order of a physician  licensed
20    to  practice medicine in all its branches for a valid medical
21    purpose in the course of professional practice.  The  use  of
22    anabolic  steroids  for  the purpose of hormonal manipulation
23    that is intended to increase muscle mass, strength or  weight
24    without  a  medical  necessity  to do so, or for the intended
25    purpose of improving physical appearance  or  performance  in
26    any  form of exercise, sport, or game, is not a valid medical
27    purpose or in the course of professional practice.
28    (Source: P.A. 90-253, eff. 7-29-97; 91-576, eff. 4-1-00.)

29        (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
30        (Text of Section before amendment by P.A. 91-576)
31        Sec. 313.  (a) Controlled substances which  are  lawfully
32    administered  in hospitals or institutions licensed under the
33    "Hospital  Licensing  Act"   shall   be   exempt   from   the
 
HB2574 Enrolled            -51-                LRB9104866DJcd
 1    requirements   of  Sections  308  and  312  except  that  the
 2    prescription for the controlled substance shall be in writing
 3    on the patient's record, signed by the prescriber, dated, and
 4    shall state the name, and quantity of  controlled  substances
 5    ordered  and  the quantity actually administered. The records
 6    of such prescriptions shall be maintained for two  years  and
 7    shall  be  available for inspection by officers and employees
 8    of the Department of State  Police,  and  the  Department  of
 9    Professional Regulation.
10        (b)  Controlled   substances   that   can   lawfully   be
11    administered   or  dispensed  directly  to  a  patient  in  a
12    long-term care facility licensed by the Department of  Public
13    Health  as  a  skilled  nursing  facility,  intermediate care
14    facility, or long-term care facility for residents  under  22
15    years  of  age,  are exempt from the requirements of Sections
16    308 and 312, except that a prescription  for  a  Schedule  II
17    controlled  substance  must  be either a written prescription
18    signed  by  the  prescriber   or   a   written   prescription
19    transmitted  by  the  prescriber or prescriber's agent to the
20    dispensing pharmacy by facsimile.  The  facsimile  serves  as
21    the  original written prescription and must be maintained for
22    2 years from the date of  issue  in  the  same  manner  as  a
23    written prescription signed by the prescriber.
24        (c)  A  prescription  that  is  written for a Schedule II
25    controlled   substance   to   be   compounded   for    direct
26    administration  by  parenteral,  intravenous,  intramuscular,
27    subcutaneous,  or  intraspinal  infusion  to  a  patient in a
28    private  residence,  long-term  care  facility,  or   hospice
29    setting  may be transmitted by facsimile by the prescriber or
30    the prescriber's agent to the  pharmacy  providing  the  home
31    infusion services.
32        (d)  Controlled    substances    which    are    lawfully
33    administered   and/or   dispensed  in  drug  abuse  treatment
34    programs licensed by the Department shall be exempt from  the
 
HB2574 Enrolled            -52-                LRB9104866DJcd
 1    requirements  of  Sections  308  and  312,  except  that  the
 2    prescription  for  such controlled substances shall be issued
 3    and authenticated on official prescription logs prepared  and
 4    supplied  by  the  Department. The official prescription logs
 5    issued by the Department shall be printed  in  triplicate  on
 6    distinctively  marked  paper  and  furnished  to  programs at
 7    reasonable cost.  The official prescription logs furnished to
 8    the  programs  shall  contain,  in  preprinted   form,   such
 9    information  as  the  Department  may  require.  The official
10    prescription logs shall be properly endorsed by  a  physician
11    licensed to practice medicine in all its branches issuing the
12    order,  with  his own signature and the date of ordering, and
13    further endorsed by the practitioner  actually  administering
14    or dispensing the dosage at the time of such administering or
15    dispensing  in  accordance  with  requirements  issued by the
16    Department.  The duplicate copy  shall  be  retained  by  the
17    program  for  a  period of not less than three years nor more
18    than seven years; the original and triplicate copy  shall  be
19    returned  to  the  Department  at  its  principal  office  in
20    accordance with requirements set forth by the Department.
21    (Source: P.A. 89-202, eff. 10-1-95.)

22        (Text of Section after amendment by P.A. 91-576)
23        Sec.  313.   (a) Controlled substances which are lawfully
24    administered in hospitals or institutions licensed under  the
25    "Hospital   Licensing   Act"   shall   be   exempt  from  the
26    requirements  of  Sections  312  and  316  except  that   the
27    prescription for the controlled substance shall be in writing
28    on the patient's record, signed by the prescriber, dated, and
29    shall  state  the name, and quantity of controlled substances
30    ordered and the quantity actually administered.  The  records
31    of  such  prescriptions shall be maintained for two years and
32    shall be available for inspection by officers  and  employees
33    of  the  Department  of  State  Police, and the Department of
34    Professional Regulation.
 
HB2574 Enrolled            -53-                LRB9104866DJcd
 1        (b)  Controlled   substances   that   can   lawfully   be
 2    administered  or  dispensed  directly  to  a  patient  in   a
 3    long-term  care facility licensed by the Department of Public
 4    Health as  a  skilled  nursing  facility,  intermediate  care
 5    facility,  or  long-term care facility for residents under 22
 6    years of age, are exempt from  the  requirements  of  Section
 7    Sections  312  except  that  a prescription for a Schedule II
 8    controlled substance must be either  a  written  prescription
 9    signed   by   the   prescriber   or  a  written  prescription
10    transmitted by the prescriber or prescriber's  agent  to  the
11    dispensing  pharmacy  by facsimile.   The facsimile serves as
12    the original prescription and must be maintained for 2  years
13    from  the  date  of  issue  in  the  same manner as a written
14    prescription signed by the prescriber and 316.
15        (c)  A prescription that is written  for  a  Schedule  II
16    controlled    substance   to   be   compounded   for   direct
17    administration  by  parenteral,  intravenous,  intramuscular,
18    subcutaneous, or intraspinal  infusion  to  a  patient  in  a
19    private   residence,  long-term  care  facility,  or  hospice
20    setting may be transmitted by facsimile by the prescriber  or
21    the  prescriber's  agent  to  the pharmacy providing the home
22    infusion services.  The  facsimile  serves  as  the  original
23    written  prescription  for purposes of this paragraph (c) and
24    it shall be maintained in the same  manner  as  the  original
25    written prescription.
26        (c-1)  A   prescription   written   for   a  Schedule  II
27    controlled substance for a  patient  residing  in  a  hospice
28    certified  by  Medicare  under  Title  XVIII  of  the  Social
29    Security  Act  or licensed by the State may be transmitted by
30    the  practitioner  or  the  practitioner's   agent   to   the
31    dispensing   pharmacy  by  facsimile.   The  practitioner  or
32    practitioner's agent must note on the prescription  that  the
33    patient  is  a  hospice patient.  The facsimile serves as the
34    original written prescription for purposes of this  paragraph
 
HB2574 Enrolled            -54-                LRB9104866DJcd
 1    (c-1)  and  it  shall be maintained in the same manner as the
 2    original written prescription.  (Blank).
 3        (d)  Controlled    substances    which    are    lawfully
 4    administered  and/or  dispensed  in  drug   abuse   treatment
 5    programs  licensed by the Department shall be exempt from the
 6    requirements  of  Sections  312  and  316,  except  that  the
 7    prescription for such controlled substances shall  be  issued
 8    and  authenticated on official prescription logs prepared and
 9    supplied by the Department. The  official  prescription  logs
10    issued  by  the  Department shall be printed in triplicate on
11    distinctively marked  paper  and  furnished  to  programs  at
12    reasonable cost.  The official prescription logs furnished to
13    the   programs   shall  contain,  in  preprinted  form,  such
14    information as the  Department  may  require.   The  official
15    prescription  logs  shall be properly endorsed by a physician
16    licensed to practice medicine in all its branches issuing the
17    order, with his own signature and the date of  ordering,  and
18    further  endorsed  by the practitioner actually administering
19    or dispensing the dosage at the time of such administering or
20    dispensing in accordance  with  requirements  issued  by  the
21    Department.   The  duplicate  copy  shall  be retained by the
22    program for a period of not less than three  years  nor  more
23    than  seven  years; the original and triplicate copy shall be
24    returned  to  the  Department  at  its  principal  office  in
25    accordance with requirements set forth by the Department.
26    (Source: P.A. 91-576, eff. 4-1-00.)

27        (720 ILCS 570/316)
28        (This Section may contain text from a Public Act  with  a
29    delayed effective date)
30        Sec.  316.  Schedule II controlled substance prescription
31    monitoring program.
32        The Department must provide for a Schedule II  controlled
33    substance  prescription  monitoring program that includes the
 
HB2574 Enrolled            -55-                LRB9104866DJcd
 1    following components:
 2        (1)  Each  time  a  Schedule  II   controlled   substance
 3    designated by the Department is dispensed, the dispenser must
 4    transmit to the central repository the following information:
 5             (A)  The recipient's name.
 6             (B)  The recipient's address.
 7             (C)  The  national  drug code number of the Schedule
 8        II controlled substance dispensed.
 9             (D)  The date the Schedule II  controlled  substance
10        is dispensed.
11             (E)  The  quantity  of  the  Schedule  II controlled
12        substance dispensed.
13             (F)  The dispenser's United States Drug  Enforcement
14        Agency registration number.
15             (G)  The prescriber's United States Drug Enforcement
16        Agency registration number.
17        (2)  The  information  required  to  be transmitted under
18    this Section must be transmitted not more than 15 days  after
19    the  date  on  which  a  Schedule  II controlled substance is
20    dispensed.
21        (3)  A dispenser must transmit the  information  required
22    under this Section by:
23             (A)  an   electronic   device  compatible  with  the
24        receiving device of the central repository;
25             (B)  a computer diskette;
26             (C)  a magnetic tape; or
27             (D)  a pharmacy universal  claim  form  or  Pharmacy
28        Inventory Control form;
29    that meets specifications prescribed by the Department.
30        Schedule  II controlled substance prescription monitoring
31    does  not  apply  to   Schedule   II   controlled   substance
32    prescriptions  as  exempted  under  Section  313. Schedule II
33    controlled substances are exempt  from  the  requirements  of
34    this Section to the extent provided in Section 313.
 
HB2574 Enrolled            -56-                LRB9104866DJcd
 1    (Source: P.A. 91-576, eff. 4-1-00.)

 2        Section  95.   No  acceleration or delay.  Where this Act
 3    makes changes in a statute that is represented in this Act by
 4    text that is not yet or no longer in effect (for  example,  a
 5    Section  represented  by  multiple versions), the use of that
 6    text does not accelerate or delay the taking  effect  of  (i)
 7    the  changes made by this Act or (ii) provisions derived from
 8    any other Public Act.

 9        Section 99.  Effective date.  This Act takes effect April
10    1, 2000.

[ Top ]