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91_HB2574sam003
LRB9104866DJcdam05
1 AMENDMENT TO HOUSE BILL 2574
2 AMENDMENT NO. . Amend House Bill 2574, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the Illinois Controlled Substances Act
5 by changing Sections 102, 201, 309, 312, 313, and 316."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Controlled Substances Act is
9 amended by changing Sections 102, 201, 309, 312, 313, and 316
10 as follows:
11 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
12 Sec. 102. Definitions. As used in this Act, unless the
13 context otherwise requires:
14 (a) "Addict" means any person who habitually uses any
15 drug, chemical, substance or dangerous drug other than
16 alcohol so as to endanger the public morals, health, safety
17 or welfare or who is so far addicted to the use of a
18 dangerous drug or controlled substance other than alcohol as
19 to have lost the power of self control with reference to his
20 addiction.
21 (b) "Administer" means the direct application of a
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1 controlled substance, whether by injection, inhalation,
2 ingestion, or any other means, to the body of a patient or
3 research subject by:
4 (1) a practitioner (or, in his presence, by his
5 authorized agent), or
6 (2) the patient or research subject at the lawful
7 direction of the practitioner.
8 (c) "Agent" means an authorized person who acts on
9 behalf of or at the direction of a manufacturer, distributor,
10 or dispenser. It does not include a common or contract
11 carrier, public warehouseman or employee of the carrier or
12 warehouseman.
13 (c-1) "Anabolic Steroids" means any drug or hormonal
14 substance, chemically and pharmacologically related to
15 testosterone (other than estrogens, progestins, and
16 corticosteroids) that promotes muscle growth, and includes:
17 (i) boldenone,
18 (ii) chlorotestosterone,
19 (iii) chostebol,
20 (iv) dehydrochlormethyltestosterone,
21 (v) dihydrotestosterone,
22 (vi) drostanolone,
23 (vii) ethylestrenol,
24 (viii) fluoxymesterone,
25 (ix) formebulone,
26 (x) mesterolone,
27 (xi) methandienone,
28 (xii) methandranone,
29 (xiii) methandriol,
30 (xiv) methandrostenolone,
31 (xv) methenolone,
32 (xvi) methyltestosterone,
33 (xvii) mibolerone,
34 (xviii) nandrolone,
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1 (xix) norethandrolone,
2 (xx) oxandrolone,
3 (xxi) oxymesterone,
4 (xxii) oxymetholone,
5 (xxiii) stanolone,
6 (xxiv) stanozolol,
7 (xxv) testolactone,
8 (xxvi) testosterone,
9 (xxvii) trenbolone, and
10 (xxviii) any salt, ester, or isomer of a drug
11 or substance described or listed in this paragraph,
12 if that salt, ester, or isomer promotes muscle
13 growth.
14 Any person who is otherwise lawfully in possession of an
15 anabolic steroid, or who otherwise lawfully manufactures,
16 distributes, dispenses, delivers, or possesses with intent to
17 deliver an anabolic steroid, which anabolic steroid is
18 expressly intended for and lawfully allowed to be
19 administered through implants to livestock or other nonhuman
20 species, and which is approved by the Secretary of Health and
21 Human Services for such administration, and which the person
22 intends to administer or have administered through such
23 implants, shall not be considered to be in unauthorized
24 possession or to unlawfully manufacture, distribute,
25 dispense, deliver, or possess with intent to deliver such
26 anabolic steroid for purposes of this Act.
27 (d) "Administration" means the Drug Enforcement
28 Administration, United States Department of Justice, or its
29 successor agency.
30 (e) "Control" means to add a drug or other substance, or
31 immediate precursor, to a Schedule under Article II of this
32 Act whether by transfer from another Schedule or otherwise.
33 (f) "Controlled Substance" means a drug, substance, or
34 immediate precursor in the Schedules of Article II of this
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1 Act.
2 (g) "Counterfeit substance" means a controlled
3 substance, which, or the container or labeling of which,
4 without authorization bears the trademark, trade name, or
5 other identifying mark, imprint, number or device, or any
6 likeness thereof, of a manufacturer, distributor, or
7 dispenser other than the person who in fact manufactured,
8 distributed, or dispensed the substance.
9 (h) "Deliver" or "delivery" means the actual,
10 constructive or attempted transfer of possession of a
11 controlled substance, with or without consideration, whether
12 or not there is an agency relationship.
13 (i) "Department" means the Illinois Department of Human
14 Services (as successor to the Department of Alcoholism and
15 Substance Abuse) or its successor agency.
16 (j) "Department of State Police" means the Department of
17 State Police of the State of Illinois or its successor
18 agency.
19 (k) "Department of Corrections" means the Department of
20 Corrections of the State of Illinois or its successor agency.
21 (l) "Department of Professional Regulation" means the
22 Department of Professional Regulation of the State of
23 Illinois or its successor agency.
24 (m) "Depressant" or "stimulant substance" means:
25 (1) a drug which contains any quantity of (i)
26 barbituric acid or any of the salts of barbituric acid
27 which has been designated as habit forming under section
28 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
29 U.S.C. 352 (d)); or
30 (2) a drug which contains any quantity of (i)
31 amphetamine or methamphetamine and any of their optical
32 isomers; (ii) any salt of amphetamine or methamphetamine
33 or any salt of an optical isomer of amphetamine; or (iii)
34 any substance which the Department, after investigation,
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1 has found to be, and by rule designated as, habit forming
2 because of its depressant or stimulant effect on the
3 central nervous system; or
4 (3) lysergic acid diethylamide; or
5 (4) any drug which contains any quantity of a
6 substance which the Department, after investigation, has
7 found to have, and by rule designated as having, a
8 potential for abuse because of its depressant or
9 stimulant effect on the central nervous system or its
10 hallucinogenic effect.
11 (n) (Blank). "Designated product" means any narcotic
12 drug, amphetamine, phenmetrazine, methamphetamine,
13 gluthethimide, pentazocine or cannabis product listed in
14 Schedule II and also means a controlled substance listed in
15 Schedule II which is determined and designated by the
16 Department or its successor agency to be such a product. A
17 designated product shall only be dispensed upon an official
18 prescription blank.
19 (o) "Director" means the Director of the Department of
20 State Police or the Department of Professional Regulation or
21 his designated agents.
22 (p) "Dispense" means to deliver a controlled substance
23 to an ultimate user or research subject by or pursuant to the
24 lawful order of a prescriber, including the prescribing,
25 administering, packaging, labeling, or compounding necessary
26 to prepare the substance for that delivery.
27 (q) "Dispenser" means a practitioner who dispenses.
28 (r) "Distribute" means to deliver, other than by
29 administering or dispensing, a controlled substance.
30 (s) "Distributor" means a person who distributes.
31 (t) "Drug" means (1) substances recognized as drugs in
32 the official United States Pharmacopoeia, Official
33 Homeopathic Pharmacopoeia of the United States, or official
34 National Formulary, or any supplement to any of them; (2)
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1 substances intended for use in diagnosis, cure, mitigation,
2 treatment, or prevention of disease in man or animals; (3)
3 substances (other than food) intended to affect the structure
4 of any function of the body of man or animals and (4)
5 substances intended for use as a component of any article
6 specified in clause (1), (2), or (3) of this subsection. It
7 does not include devices or their components, parts, or
8 accessories.
9 (u) "Good faith" means the prescribing or dispensing of
10 a controlled substance by a practitioner in the regular
11 course of professional treatment to or for any person who is
12 under his treatment for a pathology or condition other than
13 that individual's physical or psychological dependence upon
14 or addiction to a controlled substance, except as provided
15 herein: and application of the term to a pharmacist shall
16 mean the dispensing of a controlled substance pursuant to the
17 prescriber's order which in the professional judgment of the
18 pharmacist is lawful. The pharmacist shall be guided by
19 accepted professional standards including, but not limited to
20 the following, in making the judgment:
21 (1) lack of consistency of doctor-patient
22 relationship,
23 (2) frequency of prescriptions for same drug by one
24 prescriber for large numbers of patients,
25 (3) quantities beyond those normally prescribed,
26 (4) unusual dosages,
27 (5) unusual geographic distances between patient,
28 pharmacist and prescriber,
29 (6) consistent prescribing of habit-forming drugs.
30 (u-1) "Home infusion services" means services provided
31 by a pharmacy in compounding solutions for direct
32 administration to a patient in a private residence, long-term
33 care facility, or hospice setting by means of parenteral,
34 intravenous, intramuscular, subcutaneous, or intraspinal
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1 infusion.
2 (v) "Immediate precursor" means a substance:
3 (1) which the Department has found to be and by
4 rule designated as being a principal compound used, or
5 produced primarily for use, in the manufacture of a
6 controlled substance;
7 (2) which is an immediate chemical intermediary
8 used or likely to be used in the manufacture of such
9 controlled substance; and
10 (3) the control of which is necessary to prevent,
11 curtail or limit the manufacture of such controlled
12 substance.
13 (w) "Instructional activities" means the acts of
14 teaching, educating or instructing by practitioners using
15 controlled substances within educational facilities approved
16 by the State Board of Education or its successor agency.
17 (x) "Local authorities" means a duly organized State,
18 County or Municipal peace unit or police force.
19 (y) "Look-alike substance" means a substance, other than
20 a controlled substance which (1) by overall dosage unit
21 appearance, including shape, color, size, markings or lack
22 thereof, taste, consistency, or any other identifying
23 physical characteristic of the substance, would lead a
24 reasonable person to believe that the substance is a
25 controlled substance, or (2) is expressly or impliedly
26 represented to be a controlled substance or is distributed
27 under circumstances which would lead a reasonable person to
28 believe that the substance is a controlled substance. For the
29 purpose of determining whether the representations made or
30 the circumstances of the distribution would lead a reasonable
31 person to believe the substance to be a controlled substance
32 under this clause (2) of subsection (y), the court or other
33 authority may consider the following factors in addition to
34 any other factor that may be relevant:
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1 (a) statements made by the owner or person in
2 control of the substance concerning its nature, use or
3 effect;
4 (b) statements made to the buyer or recipient that
5 the substance may be resold for profit;
6 (c) whether the substance is packaged in a manner
7 normally used for the illegal distribution of controlled
8 substances;
9 (d) whether the distribution or attempted
10 distribution included an exchange of or demand for money
11 or other property as consideration, and whether the
12 amount of the consideration was substantially greater
13 than the reasonable retail market value of the substance.
14 Clause (1) of this subsection (y) shall not apply to a
15 noncontrolled substance in its finished dosage form that was
16 initially introduced into commerce prior to the initial
17 introduction into commerce of a controlled substance in its
18 finished dosage form which it may substantially resemble.
19 Nothing in this subsection (y) prohibits the dispensing
20 or distributing of noncontrolled substances by persons
21 authorized to dispense and distribute controlled substances
22 under this Act, provided that such action would be deemed to
23 be carried out in good faith under subsection (u) if the
24 substances involved were controlled substances.
25 Nothing in this subsection (y) or in this Act prohibits
26 the manufacture, preparation, propagation, compounding,
27 processing, packaging, advertising or distribution of a drug
28 or drugs by any person registered pursuant to Section 510 of
29 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
30 (y-1) "Mail-order pharmacy" means a pharmacy that is
31 located in a state of the United States, other than Illinois,
32 that delivers, dispenses or distributes, through the United
33 States Postal Service or other common carrier, to Illinois
34 residents, any substance which requires a prescription.
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1 (z) "Manufacture" means the production, preparation,
2 propagation, compounding, conversion or processing of a
3 controlled substance, either directly or indirectly, by
4 extraction from substances of natural origin, or
5 independently by means of chemical synthesis, or by a
6 combination of extraction and chemical synthesis, and
7 includes any packaging or repackaging of the substance or
8 labeling of its container, except that this term does not
9 include:
10 (1) by an ultimate user, the preparation or
11 compounding of a controlled substance for his own use; or
12 (2) by a practitioner, or his authorized agent
13 under his supervision, the preparation, compounding,
14 packaging, or labeling of a controlled substance:
15 (a) as an incident to his administering or
16 dispensing of a controlled substance in the course
17 of his professional practice; or
18 (b) as an incident to lawful research,
19 teaching or chemical analysis and not for sale.
20 (z-1) "Methamphetamine manufacturing chemical" means any
21 of the following chemicals or substances containing any of
22 the following chemicals: benzyl methyl ketone, ephedrine,
23 methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or
24 pseudoephedrine or any of the salts, optical isomers, or
25 salts of optical isomers of the above-listed chemicals.
26 (aa) "Narcotic drug" means any of the following, whether
27 produced directly or indirectly by extraction from substances
28 of natural origin, or independently by means of chemical
29 synthesis, or by a combination of extraction and chemical
30 synthesis:
31 (1) opium and opiate, and any salt, compound,
32 derivative, or preparation of opium or opiate;
33 (2) any salt, compound, isomer, derivative, or
34 preparation thereof which is chemically equivalent or
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1 identical with any of the substances referred to in
2 clause (1), but not including the isoquinoline alkaloids
3 of opium;
4 (3) opium poppy and poppy straw;
5 (4) coca leaves and any salts, compound, isomer,
6 salt of an isomer, derivative, or preparation of coca
7 leaves including cocaine or ecgonine, and any salt,
8 compound, isomer, derivative, or preparation thereof
9 which is chemically equivalent or identical with any of
10 these substances, but not including decocainized coca
11 leaves or extractions of coca leaves which do not contain
12 cocaine or ecgonine (for the purpose of this paragraph,
13 the term "isomer" includes optical, positional and
14 geometric isomers).
15 (bb) "Nurse" means a registered nurse licensed under the
16 Nursing and Advanced Practice Nursing Act.
17 (cc) (Blank). "Official prescription blanks" means the
18 triplicate prescription forms supplied to prescribers by the
19 Department for prescribing Schedule II Designated Product
20 controlled substances.
21 (dd) "Opiate" means any substance having an addiction
22 forming or addiction sustaining liability similar to morphine
23 or being capable of conversion into a drug having addiction
24 forming or addiction sustaining liability.
25 (ee) "Opium poppy" means the plant of the species
26 Papaver somniferum L., except its seeds.
27 (ff) "Parole and Pardon Board" means the Parole and
28 Pardon Board of the State of Illinois or its successor
29 agency.
30 (gg) "Person" means any individual, corporation,
31 mail-order pharmacy, government or governmental subdivision
32 or agency, business trust, estate, trust, partnership or
33 association, or any other entity.
34 (hh) "Pharmacist" means any person who holds a
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1 certificate of registration as a registered pharmacist, a
2 local registered pharmacist or a registered assistant
3 pharmacist under the Pharmacy Practice Act of 1987.
4 (ii) "Pharmacy" means any store, ship or other place in
5 which pharmacy is authorized to be practiced under the
6 Pharmacy Practice Act of 1987.
7 (jj) "Poppy straw" means all parts, except the seeds, of
8 the opium poppy, after mowing.
9 (kk) "Practitioner" means a physician licensed to
10 practice medicine in all its branches, dentist, podiatrist,
11 veterinarian, scientific investigator, pharmacist, physician
12 assistant, advanced practice nurse, licensed practical nurse,
13 registered nurse, hospital, laboratory, or pharmacy, or other
14 person licensed, registered, or otherwise lawfully permitted
15 by the United States or this State to distribute, dispense,
16 conduct research with respect to, administer or use in
17 teaching or chemical analysis, a controlled substance in the
18 course of professional practice or research.
19 (ll) "Pre-printed prescription" means a written
20 prescription upon which the designated drug has been
21 indicated prior to the time of issuance.
22 (mm) "Prescriber" means a physician licensed to practice
23 medicine in all its branches, dentist, podiatrist or
24 veterinarian who issues a prescription, a physician assistant
25 who issues a prescription for a Schedule III, IV, or V
26 controlled substance in accordance with Section 303.05 and
27 the written guidelines required under Section 7.5 of the
28 Physician Assistant Practice Act of 1987, or an advanced
29 practice nurse with prescriptive authority in accordance with
30 Section 303.05 and a written collaborative agreement under
31 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
32 Nursing Act.
33 (nn) "Prescription" means a lawful written, facsimile,
34 or verbal order of a physician licensed to practice medicine
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1 in all its branches, dentist, podiatrist or veterinarian for
2 any controlled substance, of a physician assistant for a
3 Schedule III, IV, or V controlled substance in accordance
4 with Section 303.05 and the written guidelines required under
5 Section 7.5 of the Physician Assistant Practice Act of 1987,
6 or of an advanced practice nurse who issues a prescription
7 for a Schedule III, IV, or V controlled substance in
8 accordance with Section 303.05 and a written collaborative
9 agreement under Sections 15-15 and 15-20 of the Nursing and
10 Advanced Practice Nursing Act.
11 (oo) "Production" or "produce" means manufacture,
12 planting, cultivating, growing, or harvesting of a controlled
13 substance.
14 (pp) "Registrant" means every person who is required to
15 register under Section 302 of this Act.
16 (qq) "Registry number" means the number assigned to each
17 person authorized to handle controlled substances under the
18 laws of the United States and of this State.
19 (rr) "State" includes the State of Illinois and any
20 state, district, commonwealth, territory, insular possession
21 thereof, and any area subject to the legal authority of the
22 United States of America.
23 (ss) "Ultimate user" means a person who lawfully
24 possesses a controlled substance for his own use or for the
25 use of a member of his household or for administering to an
26 animal owned by him or by a member of his household.
27 (Source: P.A. 90-116, eff. 7-14-97; 90-742, eff. 8-13-98;
28 90-818, eff. 3-23-99; 91-403, eff. 1-1-00.)
29 (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
30 Sec. 201. (a) The Department shall carry out the
31 provisions of this Article. The Department or its successor
32 agency may add substances to or delete or reschedule all
33 controlled substances in the Schedules of Sections 204, 206,
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1 208, 210 and 212 of this Act and shall determine "designated
2 products" as required under Sections 308, 309, 311 and 312 of
3 this Act. In making a determination regarding the addition,
4 deletion, or rescheduling of a substance, the Department
5 shall consider the following:
6 (1) the actual or relative potential for abuse;
7 (2) the scientific evidence of its pharmacological
8 effect, if known;
9 (3) the state of current scientific knowledge regarding
10 the substance;
11 (4) the history and current pattern of abuse;
12 (5) the scope, duration, and significance of abuse;
13 (6) the risk to the public health;
14 (7) the potential of the substance to produce
15 psychological or physiological dependence;
16 (8) whether the substance is an immediate precursor of a
17 substance already controlled under this Article;
18 (9) the immediate harmful effect in terms of potentially
19 fatal dosage; and
20 (10) the long-range effects in terms of permanent health
21 impairment.
22 (b) (Blank). In making a determination regarding a
23 "designated product," the Department shall consider the above
24 criteria, and in addition shall consider whether use of the
25 official prescription blank is required to control
26 significant actual illicit traffic of the substance.
27 After considering the factors enumerated in subsection
28 (a) or in the case of making a determination of a "designated
29 product," the additional factors of subsection (b), the
30 Department shall publish its determination. If, within 30
31 days from such publication, a party adversely affected files
32 with the Department substantial written objections to
33 inclusion, rescheduling, or deletion of a substance, or to a
34 determination of a "designated product," the Department shall
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1 publish the substantial written objections and afford all
2 interested parties an opportunity to be heard. At the
3 conclusion of the hearing, the Department shall make findings
4 with respect thereto and issue a rule controlling the
5 substance if the Department has determined that the substance
6 has a potential for abuse and submits to the General Assembly
7 a written report of its findings with respect thereto. Each
8 such rule adding, deleting or rescheduling a controlled
9 substance or determining a "designated product" shall then be
10 submitted to the General Assembly, in the form of a proposed
11 law amending this Act, and unless the proposed law is adopted
12 by the General Assembly and enacted into law within 2 years
13 after the Department has issued the rule, such rule shall
14 expire and have no further force and effect.
15 The requirement for reporting to the General Assembly
16 shall be satisfied by filing copies of the report with the
17 Speaker, the minority Leader and the Clerk of the House of
18 Representatives and the President, the Minority Leader and
19 the Secretary of the Senate and the Legislative Research
20 Unit, as required by Section 3.1 of "An Act to revise the law
21 in relation to the General Assembly", approved February 25,
22 1874, as amended, and filing such additional copies with the
23 State Government Report Distribution Center for the General
24 Assembly as is required under paragraph (t) of Section 7 of
25 the State Library Act.
26 (c) (Blank). If the Department designates a substance
27 as an immediate precursor, substances which are precursors of
28 the controlled precursor shall not be subject to control
29 solely because they are precursors of the controlled
30 precursor.
31 (d) If any substance is scheduled designated,
32 rescheduled, or deleted as a controlled substance under
33 Federal law and notice thereof is given to the Department,
34 the Department shall similarly control the substance under
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1 this Act after the expiration of 30 days from publication in
2 the Federal Register of a final order scheduling designating
3 a substance as a controlled substance or rescheduling or
4 deleting a substance, unless within that 30 day period the
5 Department objects, or a party adversely affected files with
6 the Department substantial written objections objecting to
7 inclusion, rescheduling, or deletion. In that case, the
8 Department shall publish the reasons for objection or the
9 substantial written objections and afford all interested
10 parties an opportunity to be heard. At the conclusion of the
11 hearing, the Department shall publish its decision, by means
12 of a rule, which shall be final unless altered by statute.
13 Upon publication of objections by the Department, similar
14 control under this Act whether by inclusion, rescheduling or
15 deletion is stayed until the Department publishes its ruling.
16 (e) The Department shall by rule exclude any
17 non-narcotic substances from a schedule if such substance
18 may, under the Federal Food, Drug, and Cosmetic Act, be
19 lawfully sold over the counter without a prescription.
20 (f) Dextromethorphan shall not be deemed to be included
21 in any schedule by reason of enactment of this title unless
22 controlled after the date of such enactment pursuant to the
23 foregoing provisions of this section.
24 (g) Authority to control under this section does not
25 extend to distilled spirits, wine, malt beverages, or tobacco
26 as those terms are defined or used in The Liquor Control Act
27 and the Tobacco Products Tax Act.
28 (Source: P.A. 84-1438.)
29 (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
30 (Text of Section before amendment by P.A. 91-576)
31 Sec. 309. No person shall issue a prescription for a
32 Schedule II controlled substance, which is a narcotic drug
33 listed in Section 206 of this Act; or which contains any
-16- LRB9104866DJcdam05
1 quantity of amphetamine or methamphetamine, their salts,
2 optical isomers or salts of optical isomers; phenmetrazine
3 and its salts; gluthethimide; pentazocine; or which is
4 hereafter determined to be a "designated product," as defined
5 in Section 102 of this Act, other than on the official
6 prescription blank issued by the Department and no person
7 shall fill any such prescription other than on the official
8 prescription blank issued by the Department; provided that in
9 the case of an emergency, epidemic or a sudden or unforeseen
10 accident or calamity, the prescriber may issue a lawful oral
11 prescription or transmit via facsimile equipment a written
12 prescription order or a written prescription on a blank other
13 than the official prescription blank issued by the Department
14 where failure to issue such a prescription might result in
15 loss of life or intense suffering, but such prescription
16 shall have endorsed thereon by the prescriber a statement
17 concerning the accident or calamity, or circumstances
18 constituting the emergency, the cause for which the
19 unofficial blank was used. Within 72 hours after issuing an
20 emergency prescription, the prescriber shall cause a written
21 prescription on the official prescription blank for the
22 emergency quantity prescribed to be delivered to the
23 dispensing pharmacist. The prescription shall have written
24 on its face "Authorization for Emergency Dispensing", and the
25 date of the emergency prescription. The written prescription
26 on the official prescription blank may be delivered to the
27 pharmacist in person or by mail, but if delivered by mail it
28 must be postmarked within the 72-hour period. Upon receipt,
29 the dispensing pharmacist shall attach this prescription to
30 the emergency prescription earlier received, or in the case
31 of an oral prescription, reduced to writing. The dispensing
32 pharmacist shall notify the Department of Human Services if
33 the prescriber fails to deliver the authorization for
34 emergency dispensing on the official prescription blank to
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1 him. Failure of the dispensing pharmacist to do so shall
2 void the authority conferred by this paragraph to dispense
3 without a written prescription on an official prescription
4 blank of a prescriber. All prescriptions on the official
5 blanks shall be written in triplicate and all three copies
6 signed by the prescriber. All prescriptions issued for
7 Schedule II controlled substances shall include both a
8 written and numerical notation of quantity on the face of the
9 prescription. No prescription for a Schedule II controlled
10 substance may be refilled.
11 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
12 (Text of Section after amendment by P.A. 91-576)
13 Sec. 309. On or after April 1, 2000, no person shall
14 issue a prescription for a Schedule II controlled substance,
15 which is a narcotic drug listed in Section 206 of this Act;
16 or which contains any quantity of amphetamine or
17 methamphetamine, their salts, optical isomers or salts of
18 optical isomers; phenmetrazine and its salts; gluthethimide;
19 and pentazocine; or which is hereafter determined to be a
20 "designated product," as defined in Section 102 of this Act,
21 other than on a written prescription; provided that in the
22 case of an emergency, epidemic or a sudden or unforeseen
23 accident or calamity, the prescriber may issue a lawful oral
24 prescription where failure to issue such a prescription might
25 result in loss of life or intense suffering, but such oral
26 prescription shall include a statement by the prescriber
27 concerning the accident or calamity, or circumstances
28 constituting the emergency, the cause for which an oral
29 prescription was used. Within 7 days after issuing an
30 emergency prescription, the prescriber shall cause a written
31 prescription for the emergency quantity prescribed to be
32 delivered to the dispensing pharmacist. The prescription
33 shall have written on its face "Authorization for Emergency
34 Dispensing", and the date of the emergency prescription. The
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1 written prescription may be delivered to the pharmacist in
2 person, or by mail or via facsimile equipment, but if
3 delivered by mail it must be postmarked within the 7-day
4 period. Upon receipt, the dispensing pharmacist shall attach
5 this prescription to the emergency oral prescription earlier
6 received and reduced to writing. The dispensing pharmacist
7 shall notify the Department of Human Services if the
8 prescriber fails to deliver the authorization for emergency
9 dispensing on the prescription to him. Failure of the
10 dispensing pharmacist to do so shall void the authority
11 conferred by this paragraph to dispense without a written
12 prescription of a prescriber. All prescriptions issued for
13 Schedule II controlled substances shall include both a
14 written and numerical notation of quantity on the face of the
15 prescription. No prescription for a Schedule II controlled
16 substance may be refilled.
17 (Source: P.A. 91-576, eff. 4-1-00.)
18 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
19 (Text of Section before 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; pentazocine; or which is hereafter determined
28 to be a "designated product," as defined in Section 102 of
29 this Act to any person upon an official prescription form and
30 Schedule III, IV, or V controlled substances to any person
31 upon a written prescription of any prescriber, dated and
32 signed by the person prescribing on the day when issued and
33 bearing the name and address of the patient for whom, or the
-19- LRB9104866DJcdam05
1 owner of the animal for which the controlled substance is
2 dispensed, and the full name, address and registry number
3 under the laws of the United States relating to controlled
4 substances of the prescriber, if he is required by those laws
5 to be registered. If the prescription is for an animal it
6 shall state the species of animal for which it is ordered.
7 The practitioner filling the prescription shall write the
8 date of filling and his own signature on the face of the
9 official prescription form. The official prescription form or
10 the written prescription shall be retained on file by the
11 practitioner who filled it or pharmacy in which the
12 prescription was filled for a period of 2 years, so as to be
13 readily accessible for inspection or removal by any officer
14 or employee engaged in the enforcement of this Act. Whenever
15 the practitioner's or pharmacy's copy of any prescription
16 form is removed by an officer or employee engaged in the
17 enforcement of this Act, for the purpose of investigation or
18 as evidence, such officer or employee shall give to the
19 practitioner or pharmacy a receipt in lieu thereof. A
20 prescription form for a Schedule II controlled substance
21 shall not be filled more than 7 days after the date of
22 issuance. A written prescription for Schedule III, IV or V
23 controlled substances shall not be filled or refilled more
24 than 6 months after the date thereof or refilled more than 5
25 times unless renewed, in writing, by the prescriber.
26 (b) In lieu of a written prescription required by this
27 Section, a pharmacist, in good faith, may dispense Schedule
28 III, IV, or V substances to any person either upon receiving
29 a facsimile of a written, signed prescription transmitted by
30 the prescriber or the prescriber's agent or upon a lawful
31 oral prescription of a prescriber which oral prescription
32 shall be reduced promptly to writing by the pharmacist and
33 such written memorandum thereof shall be dated on the day
34 when such oral prescription is received by the pharmacist and
-20- LRB9104866DJcdam05
1 shall bear the full name and address of the ultimate user for
2 whom, or of the owner of the animal for which the controlled
3 substance is dispensed, and the full name, address, and
4 registry number under the law of the United States relating
5 to controlled substances of the prescriber prescribing if he
6 is required by those laws to be so registered, and the
7 pharmacist filling such oral prescription shall write the
8 date of filling and his own signature on the face of such
9 written memorandum thereof. The facsimile copy of the
10 prescription or written memorandum of the oral prescription
11 shall be retained on file by the proprietor of the pharmacy
12 in which it is filled for a period of not less than two
13 years, so as to be readily accessible for inspection by any
14 officer or employee engaged in the enforcement of this Act in
15 the same manner as a written prescription. The facsimile
16 copy of the prescription or oral prescription and the written
17 memorandum thereof shall not be filled or refilled more than
18 6 months after the date thereof or be refilled more than 5
19 times, unless renewed, in writing, by the prescriber.
20 (c) A controlled substance included in Schedule V shall
21 not be distributed or dispensed other than for a medical
22 purpose and not for the purpose of evading this Act, and
23 then:
24 (1) only personally by a person registered to
25 dispense a Schedule V controlled substance and then only
26 to his patients, or
27 (2) only personally by a pharmacist, and then only
28 to a person over 21 years of age who has identified
29 himself to the pharmacist by means of 2 positive
30 documents of identification.
31 (3) the dispenser shall record the name and address
32 of the purchaser, the name and quantity of the product,
33 the date and time of the sale, and the dispenser's
34 signature.
-21- LRB9104866DJcdam05
1 (4) no person shall purchase or be dispensed more
2 than 120 milliliters or more than 120 grams of any
3 Schedule V substance which contains codeine,
4 dihydrocodeine, or any salts thereof, or ethylmorphine,
5 or any salts thereof, in any 96 hour period. The
6 purchaser shall sign a form, approved by the Department
7 of Professional Regulation, attesting that he has not
8 purchased any Schedule V controlled substances within the
9 immediately preceding 96 hours.
10 (5) a copy of the records of sale, including all
11 information required by paragraph (3), shall be forwarded
12 to the Department of Professional Regulation at its
13 principal office by the 15th day of the following month.
14 (6) all records of purchases and sales shall be
15 maintained for not less than 2 years.
16 (7) no person shall obtain or attempt to obtain
17 within any consecutive 96 hour period any Schedule V
18 substances of more than 120 milliliters or more than 120
19 grams containing codeine, dihydrocodeine or any of its
20 salts, or ethylmorphine or any of its salts. Any person
21 obtaining any such preparations or combination of
22 preparations in excess of this limitation shall be in
23 unlawful possession of such controlled substance.
24 (8) a person qualified to dispense controlled
25 substances under this Act and registered thereunder shall
26 at no time maintain or keep in stock a quantity of
27 Schedule V controlled substances defined and listed in
28 Section 212 (b) (1), (2) or (3) in excess of 4.5 liters
29 for each substance; a pharmacy shall at no time maintain
30 or keep in stock a quantity of Schedule V controlled
31 substances as defined in excess of 4.5 liters for each
32 substance, plus the additional quantity of controlled
33 substances necessary to fill the largest number of
34 prescription orders filled by that pharmacy for such
-22- LRB9104866DJcdam05
1 controlled substances in any one week in the previous
2 year. These limitations shall not apply to Schedule V
3 controlled substances which Federal law prohibits from
4 being dispensed without a prescription.
5 (9) no person shall distribute or dispense butyl
6 nitrite for inhalation or other introduction into the
7 human body for euphoric or physical effect.
8 (d) Every practitioner shall keep a record of controlled
9 substances received by him and a record of all such
10 controlled substances administered, dispensed or
11 professionally used by him otherwise than by prescription.
12 It shall, however, be sufficient compliance with this
13 paragraph if any practitioner utilizing controlled substances
14 listed in Schedules III, IV and V shall keep a record of all
15 those substances dispensed and distributed by him other than
16 those controlled substances which are administered by the
17 direct application of a controlled substance, whether by
18 injection, inhalation, ingestion, or any other means to the
19 body of a patient or research subject. A practitioner who
20 dispenses, other than by administering, a controlled
21 substance in Schedule II, which is a narcotic drug listed in
22 Section 206 of this Act, or which contains any quantity of
23 amphetamine or methamphetamine, their salts, optical isomers
24 or salts of optical isomers, pentazocine, methaqualone, or
25 which is hereafter determined to be a "designated product" as
26 defined in Section 102 of this Act, shall do so only upon the
27 issuance of an official prescription blank by a prescriber;
28 and every practitioner who so dispenses such designated
29 products shall comply with the provisions of Sections 310 and
30 311 of this Act.
31 (e) Whenever a manufacturer distributes a controlled
32 substance in a package prepared by him, and whenever a
33 wholesale distributor distributes a controlled substance in a
34 package prepared by him or the manufacturer, he shall
-23- LRB9104866DJcdam05
1 securely affix to each package in which that substance is
2 contained a label showing in legible English the name and
3 address of the manufacturer, the distributor and the
4 quantity, kind and form of controlled substance contained
5 therein. No person except a pharmacist and only for the
6 purposes of filling a prescription under this Act, shall
7 alter, deface or remove any label so affixed.
8 (f) Whenever a practitioner dispenses any controlled
9 substance, he shall affix to the container in which such
10 substance is sold or dispensed, a label indicating the date
11 of initial filling, the practitioner's name and address, the
12 serial number of the prescription, the name of the patient,
13 the name of the prescriber, the directions for use and
14 cautionary statements, if any, contained in any prescription
15 or required by law, the proprietary name or names or the
16 established name of the controlled substance, and the dosage
17 and quantity, except as otherwise authorized by regulation by
18 the Department of Professional Regulation. No person shall
19 alter, deface or remove any label so affixed.
20 (g) A person to whom or for whose use any controlled
21 substance has been prescribed or dispensed by a practitioner,
22 or other persons authorized under this Act, and the owner of
23 any animal for which such substance has been prescribed or
24 dispensed by a veterinarian, may lawfully possess such
25 substance only in the container in which it was delivered to
26 him by the person dispensing such substance.
27 (h) The responsibility for the proper prescribing or
28 dispensing of controlled substances is upon the prescriber
29 and the responsibility for the proper filling of a
30 prescription for controlled substance drugs rests with the
31 pharmacist. An order purporting to be a prescription issued
32 to any individual, which is not in the regular course of
33 professional treatment nor part of an authorized methadone
34 maintenance program, nor in legitimate and authorized
-24- LRB9104866DJcdam05
1 research instituted by any accredited hospital, educational
2 institution, charitable foundation, or federal, state or
3 local governmental agency, and which is intended to provide
4 that individual with controlled substances sufficient to
5 maintain that individual's or any other individual's physical
6 or psychological addiction, habitual or customary use,
7 dependence, or diversion of that controlled substance is not
8 a prescription within the meaning and intent of this Act; and
9 the person issuing it, shall be subject to the penalties
10 provided for violations of the law relating to controlled
11 substances.
12 (i) A prescriber shall not preprint or cause to be
13 preprinted a prescription for any controlled substance; nor
14 shall any practitioner issue, fill or cause to be issued or
15 filled, a preprinted prescription for any controlled
16 substance.
17 (j) No person shall manufacture, dispense, deliver,
18 possess with intent to deliver, prescribe, or administer or
19 cause to be administered under his direction any anabolic
20 steroid, for any use in humans other than the treatment of
21 disease in accordance with the order of a physician licensed
22 to practice medicine in all its branches for a valid medical
23 purpose in the course of professional practice. The use of
24 anabolic steroids for the purpose of hormonal manipulation
25 that is intended to increase muscle mass, strength or weight
26 without a medical necessity to do so, or for the intended
27 purpose of improving physical appearance or performance in
28 any form of exercise, sport, or game, is not a valid medical
29 purpose or in the course of professional practice.
30 (Source: P.A. 89-202, eff. 10-1-95; 90-253, eff. 7-29-97.)
31 (Text of Section after amendment by P.A. 91-576)
32 Sec. 312. Requirements for dispensing controlled
33 substances.
34 (a) A practitioner, in good faith, may dispense a
-25- LRB9104866DJcdam05
1 Schedule II controlled substance, which is a narcotic drug
2 listed in Section 206 of this Act; or which contains any
3 quantity of amphetamine or methamphetamine, their salts,
4 optical isomers or salts of optical isomers; phenmetrazine
5 and its salts; or pentazocine; or which is hereafter
6 determined to be a "designated product," as defined in
7 Section 102 of this Act and Schedule III, IV, or V controlled
8 substances to any person upon a written prescription of any
9 prescriber, dated and signed by the person prescribing on the
10 day when issued and bearing the name and address of the
11 patient for whom, or the owner of the animal for which the
12 controlled substance is dispensed, and the full name, address
13 and registry number under the laws of the United States
14 relating to controlled substances of the prescriber, if he is
15 required by those laws to be registered. If the prescription
16 is for an animal it shall state the species of animal for
17 which it is ordered. The practitioner filling the
18 prescription shall write the date of filling and his own
19 signature on the face of the written prescription. The
20 written prescription shall be retained on file by the
21 practitioner who filled it or pharmacy in which the
22 prescription was filled for a period of 2 years, so as to be
23 readily accessible for inspection or removal by any officer
24 or employee engaged in the enforcement of this Act. Whenever
25 the practitioner's or pharmacy's copy of any prescription is
26 removed by an officer or employee engaged in the enforcement
27 of this Act, for the purpose of investigation or as evidence,
28 such officer or employee shall give to the practitioner or
29 pharmacy a receipt in lieu thereof. A prescription form for a
30 Schedule II controlled substance shall not be filled more
31 than 7 days after the date of issuance. A written
32 prescription for Schedule III, IV or V controlled substances
33 shall not be filled or refilled more than 6 months after the
34 date thereof or refilled more than 5 times unless renewed, in
-26- LRB9104866DJcdam05
1 writing, by the prescriber.
2 (b) In lieu of a written prescription required by this
3 Section, a pharmacist, in good faith, may dispense Schedule
4 III, IV, or V substances to any person either upon receiving
5 a facsimile of a written, signed prescription transmitted by
6 the prescriber or the prescriber's agent or upon a lawful
7 oral prescription of a prescriber which oral prescription
8 shall be reduced promptly to writing by the pharmacist and
9 such written memorandum thereof shall be dated on the day
10 when such oral prescription is received by the pharmacist and
11 shall bear the full name and address of the ultimate user for
12 whom, or of the owner of the animal for which the controlled
13 substance is dispensed, and the full name, address, and
14 registry number under the law of the United States relating
15 to controlled substances of the prescriber prescribing if he
16 is required by those laws to be so registered, and the
17 pharmacist filling such oral prescription shall write the
18 date of filling and his own signature on the face of such
19 written memorandum thereof. The facsimile copy of the
20 prescription or written memorandum of the oral prescription
21 shall be retained on file by the proprietor of the pharmacy
22 in which it is filled for a period of not less than two
23 years, so as to be readily accessible for inspection by any
24 officer or employee engaged in the enforcement of this Act in
25 the same manner as a written prescription. The facsimile
26 copy of the prescription or oral prescription and the written
27 memorandum thereof shall not be filled or refilled more than
28 6 months after the date thereof or be refilled more than 5
29 times, unless renewed, in writing, by the prescriber.
30 (c) A controlled substance included in Schedule V shall
31 not be distributed or dispensed other than for a medical
32 purpose and not for the purpose of evading this Act, and
33 then:
34 (1) only personally by a person registered to
-27- LRB9104866DJcdam05
1 dispense a Schedule V controlled substance and then only
2 to his patients, or
3 (2) only personally by a pharmacist, and then only
4 to a person over 21 years of age who has identified
5 himself to the pharmacist by means of 2 positive
6 documents of identification.
7 (3) the dispenser shall record the name and address
8 of the purchaser, the name and quantity of the product,
9 the date and time of the sale, and the dispenser's
10 signature.
11 (4) no person shall purchase or be dispensed more
12 than 120 milliliters or more than 120 grams of any
13 Schedule V substance which contains codeine,
14 dihydrocodeine, or any salts thereof, or ethylmorphine,
15 or any salts thereof, in any 96 hour period. The
16 purchaser shall sign a form, approved by the Department
17 of Professional Regulation, attesting that he has not
18 purchased any Schedule V controlled substances within the
19 immediately preceding 96 hours.
20 (5) a copy of the records of sale, including all
21 information required by paragraph (3), shall be forwarded
22 to the Department of Professional Regulation at its
23 principal office by the 15th day of the following month.
24 (6) all records of purchases and sales shall be
25 maintained for not less than 2 years.
26 (7) no person shall obtain or attempt to obtain
27 within any consecutive 96 hour period any Schedule V
28 substances of more than 120 milliliters or more than 120
29 grams containing codeine, dihydrocodeine or any of its
30 salts, or ethylmorphine or any of its salts. Any person
31 obtaining any such preparations or combination of
32 preparations in excess of this limitation shall be in
33 unlawful possession of such controlled substance.
34 (8) a person qualified to dispense controlled
-28- LRB9104866DJcdam05
1 substances under this Act and registered thereunder shall
2 at no time maintain or keep in stock a quantity of
3 Schedule V controlled substances defined and listed in
4 Section 212 (b) (1), (2) or (3) in excess of 4.5 liters
5 for each substance; a pharmacy shall at no time maintain
6 or keep in stock a quantity of Schedule V controlled
7 substances as defined in excess of 4.5 liters for each
8 substance, plus the additional quantity of controlled
9 substances necessary to fill the largest number of
10 prescription orders filled by that pharmacy for such
11 controlled substances in any one week in the previous
12 year. These limitations shall not apply to Schedule V
13 controlled substances which Federal law prohibits from
14 being dispensed without a prescription.
15 (9) no person shall distribute or dispense butyl
16 nitrite for inhalation or other introduction into the
17 human body for euphoric or physical effect.
18 (d) Every practitioner shall keep a record of controlled
19 substances received by him and a record of all such
20 controlled substances administered, dispensed or
21 professionally used by him otherwise than by prescription.
22 It shall, however, be sufficient compliance with this
23 paragraph if any practitioner utilizing controlled substances
24 listed in Schedules III, IV and V shall keep a record of all
25 those substances dispensed and distributed by him other than
26 those controlled substances which are administered by the
27 direct application of a controlled substance, whether by
28 injection, inhalation, ingestion, or any other means to the
29 body of a patient or research subject. A practitioner who
30 dispenses, other than by administering, a controlled
31 substance in Schedule II, which is a narcotic drug listed in
32 Section 206 of this Act, or which contains any quantity of
33 amphetamine or methamphetamine, their salts, optical isomers
34 or salts of optical isomers, pentazocine, or methaqualone, or
-29- LRB9104866DJcdam05
1 which is hereafter determined to be a "designated product" as
2 defined in Section 102 of this Act, shall do so only upon the
3 issuance of a written prescription blank by a prescriber; and
4 every practitioner who so dispenses such designated products
5 shall comply with the provisions of Sections 310 and 311 of
6 this Act.
7 (e) Whenever a manufacturer distributes a controlled
8 substance in a package prepared by him, and whenever a
9 wholesale distributor distributes a controlled substance in a
10 package prepared by him or the manufacturer, he shall
11 securely affix to each package in which that substance is
12 contained a label showing in legible English the name and
13 address of the manufacturer, the distributor and the
14 quantity, kind and form of controlled substance contained
15 therein. No person except a pharmacist and only for the
16 purposes of filling a prescription under this Act, shall
17 alter, deface or remove any label so affixed.
18 (f) Whenever a practitioner dispenses any controlled
19 substance, he shall affix to the container in which such
20 substance is sold or dispensed, a label indicating the date
21 of initial filling, the practitioner's name and address, the
22 name of the patient, the name of the prescriber, the
23 directions for use and cautionary statements, if any,
24 contained in any prescription or required by law, the
25 proprietary name or names or the established name of the
26 controlled substance, and the dosage and quantity, except as
27 otherwise authorized by regulation by the Department of
28 Professional Regulation. No person shall alter, deface or
29 remove any label so affixed.
30 (g) A person to whom or for whose use any controlled
31 substance has been prescribed or dispensed by a practitioner,
32 or other persons authorized under this Act, and the owner of
33 any animal for which such substance has been prescribed or
34 dispensed by a veterinarian, may lawfully possess such
-30- LRB9104866DJcdam05
1 substance only in the container in which it was delivered to
2 him by the person dispensing such substance.
3 (h) The responsibility for the proper prescribing or
4 dispensing of controlled substances is upon the prescriber
5 and the responsibility for the proper filling of a
6 prescription for controlled substance drugs rests with the
7 pharmacist. An order purporting to be a prescription issued
8 to any individual, which is not in the regular course of
9 professional treatment nor part of an authorized methadone
10 maintenance program, nor in legitimate and authorized
11 research instituted by any accredited hospital, educational
12 institution, charitable foundation, or federal, state or
13 local governmental agency, and which is intended to provide
14 that individual with controlled substances sufficient to
15 maintain that individual's or any other individual's physical
16 or psychological addiction, habitual or customary use,
17 dependence, or diversion of that controlled substance is not
18 a prescription within the meaning and intent of this Act; and
19 the person issuing it, shall be subject to the penalties
20 provided for violations of the law relating to controlled
21 substances.
22 (i) A prescriber shall not preprint or cause to be
23 preprinted a prescription for any controlled substance; nor
24 shall any practitioner issue, fill or cause to be issued or
25 filled, a preprinted prescription for any controlled
26 substance.
27 (j) No person shall manufacture, dispense, deliver,
28 possess with intent to deliver, prescribe, or administer or
29 cause to be administered under his direction any anabolic
30 steroid, for any use in humans other than the treatment of
31 disease in accordance with the order of a physician licensed
32 to practice medicine in all its branches for a valid medical
33 purpose in the course of professional practice. The use of
34 anabolic steroids for the purpose of hormonal manipulation
-31- LRB9104866DJcdam05
1 that is intended to increase muscle mass, strength or weight
2 without a medical necessity to do so, or for the intended
3 purpose of improving physical appearance or performance in
4 any form of exercise, sport, or game, is not a valid medical
5 purpose or in the course of professional practice.
6 (Source: P.A. 90-253, eff. 7-29-97; 91-576, eff. 4-1-00.)
7 (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
8 (Text of Section before amendment by P.A. 91-576)
9 Sec. 313. (a) Controlled substances which are lawfully
10 administered in hospitals or institutions licensed under the
11 "Hospital Licensing Act" shall be exempt from the
12 requirements of Sections 308 and 312 except that the
13 prescription for the controlled substance shall be in writing
14 on the patient's record, signed by the prescriber, dated, and
15 shall state the name, and quantity of controlled substances
16 ordered and the quantity actually administered. The records
17 of such prescriptions shall be maintained for two years and
18 shall be available for inspection by officers and employees
19 of the Department of State Police, and the Department of
20 Professional Regulation.
21 (b) Controlled substances that can lawfully be
22 administered or dispensed directly to a patient in a
23 long-term care facility licensed by the Department of Public
24 Health as a skilled nursing facility, intermediate care
25 facility, or long-term care facility for residents under 22
26 years of age, are exempt from the requirements of Sections
27 308 and 312, except that a prescription for a Schedule II
28 controlled substance must be either a written prescription
29 signed by the prescriber or a written prescription
30 transmitted by the prescriber or prescriber's agent to the
31 dispensing pharmacy by facsimile. The facsimile serves as
32 the original written prescription and must be maintained for
33 2 years from the date of issue in the same manner as a
-32- LRB9104866DJcdam05
1 written prescription signed by the prescriber.
2 (c) A prescription that is written for a Schedule II
3 controlled substance to be compounded for direct
4 administration by parenteral, intravenous, intramuscular,
5 subcutaneous, or intraspinal infusion to a patient in a
6 private residence, long-term care facility, or hospice
7 setting may be transmitted by facsimile by the prescriber or
8 the prescriber's agent to the pharmacy providing the home
9 infusion services.
10 (d) Controlled substances which are lawfully
11 administered and/or dispensed in drug abuse treatment
12 programs licensed by the Department shall be exempt from the
13 requirements of Sections 308 and 312, except that the
14 prescription for such controlled substances shall be issued
15 and authenticated on official prescription logs prepared and
16 supplied by the Department. The official prescription logs
17 issued by the Department shall be printed in triplicate on
18 distinctively marked paper and furnished to programs at
19 reasonable cost. The official prescription logs furnished to
20 the programs shall contain, in preprinted form, such
21 information as the Department may require. The official
22 prescription logs shall be properly endorsed by a physician
23 licensed to practice medicine in all its branches issuing the
24 order, with his own signature and the date of ordering, and
25 further endorsed by the practitioner actually administering
26 or dispensing the dosage at the time of such administering or
27 dispensing in accordance with requirements issued by the
28 Department. The duplicate copy shall be retained by the
29 program for a period of not less than three years nor more
30 than seven years; the original and triplicate copy shall be
31 returned to the Department at its principal office in
32 accordance with requirements set forth by the Department.
33 (Source: P.A. 89-202, eff. 10-1-95.)
34 (Text of Section after amendment by P.A. 91-576)
-33- LRB9104866DJcdam05
1 Sec. 313. (a) Controlled substances which are lawfully
2 administered in hospitals or institutions licensed under the
3 "Hospital Licensing Act" shall be exempt from the
4 requirements of Sections 312 and 316 except that the
5 prescription for the controlled substance shall be in writing
6 on the patient's record, signed by the prescriber, dated, and
7 shall state the name, and quantity of controlled substances
8 ordered and the quantity actually administered. The records
9 of such prescriptions shall be maintained for two years and
10 shall be available for inspection by officers and employees
11 of the Department of State Police, and the Department of
12 Professional Regulation.
13 (b) Controlled substances that can lawfully be
14 administered or dispensed directly to a patient in a
15 long-term care facility licensed by the Department of Public
16 Health as a skilled nursing facility, intermediate care
17 facility, or long-term care facility for residents under 22
18 years of age, are exempt from the requirements of Section
19 Sections 312 except that a prescription for a Schedule II
20 controlled substance must be either a written prescription
21 signed by the prescriber or a written prescription
22 transmitted by the prescriber or prescriber's agent to the
23 dispensing pharmacy by facsimile. The facsimile serves as
24 the original prescription and must be maintained for 2 years
25 from the date of issue in the same manner as a written
26 prescription signed by the prescriber and 316.
27 (c) A prescription that is written for a Schedule II
28 controlled substance to be compounded for direct
29 administration by parenteral, intravenous, intramuscular,
30 subcutaneous, or intraspinal infusion to a patient in a
31 private residence, long-term care facility, or hospice
32 setting may be transmitted by facsimile by the prescriber or
33 the prescriber's agent to the pharmacy providing the home
34 infusion services. The facsimile serves as the original
-34- LRB9104866DJcdam05
1 written prescription for purposes of this paragraph (c) and
2 it shall be maintained in the same manner as the original
3 written prescription.
4 (c-1) A prescription written for a Schedule II
5 controlled substance for a patient residing in a hospice
6 certified by Medicare under Title XVIII of the Social
7 Security Act or licensed by the State may be transmitted by
8 the practitioner or the practitioner's agent to the
9 dispensing pharmacy by facsimile. The practitioner or
10 practitioner's agent must note on the prescription that the
11 patient is a hospice patient. The facsimile serves as the
12 original written prescription for purposes of this paragraph
13 (c-1) and it shall be maintained in the same manner as the
14 original written prescription. (Blank).
15 (d) Controlled substances which are lawfully
16 administered and/or dispensed in drug abuse treatment
17 programs licensed by the Department shall be exempt from the
18 requirements of Sections 312 and 316, except that the
19 prescription for such controlled substances shall be issued
20 and authenticated on official prescription logs prepared and
21 supplied by the Department. The official prescription logs
22 issued by the Department shall be printed in triplicate on
23 distinctively marked paper and furnished to programs at
24 reasonable cost. The official prescription logs furnished to
25 the programs shall contain, in preprinted form, such
26 information as the Department may require. The official
27 prescription logs shall be properly endorsed by a physician
28 licensed to practice medicine in all its branches issuing the
29 order, with his own signature and the date of ordering, and
30 further endorsed by the practitioner actually administering
31 or dispensing the dosage at the time of such administering or
32 dispensing in accordance with requirements issued by the
33 Department. The duplicate copy shall be retained by the
34 program for a period of not less than three years nor more
-35- LRB9104866DJcdam05
1 than seven years; the original and triplicate copy shall be
2 returned to the Department at its principal office in
3 accordance with requirements set forth by the Department.
4 (Source: P.A. 91-576, eff. 4-1-00.)
5 (720 ILCS 570/316)
6 (This Section may contain text from a Public Act with a
7 delayed effective date)
8 Sec. 316. Schedule II controlled substance prescription
9 monitoring program.
10 The Department must provide for a Schedule II controlled
11 substance prescription monitoring program that includes the
12 following components:
13 (1) Each time a Schedule II controlled substance
14 designated by the Department is dispensed, the dispenser must
15 transmit to the central repository the following information:
16 (A) The recipient's name.
17 (B) The recipient's address.
18 (C) The national drug code number of the Schedule
19 II controlled substance dispensed.
20 (D) The date the Schedule II controlled substance
21 is dispensed.
22 (E) The quantity of the Schedule II controlled
23 substance dispensed.
24 (F) The dispenser's United States Drug Enforcement
25 Agency registration number.
26 (G) The prescriber's United States Drug Enforcement
27 Agency registration number.
28 (2) The information required to be transmitted under
29 this Section must be transmitted not more than 15 days after
30 the date on which a Schedule II controlled substance is
31 dispensed.
32 (3) A dispenser must transmit the information required
33 under this Section by:
-36- LRB9104866DJcdam05
1 (A) an electronic device compatible with the
2 receiving device of the central repository;
3 (B) a computer diskette;
4 (C) a magnetic tape; or
5 (D) a pharmacy universal claim form or Pharmacy
6 Inventory Control form;
7 that meets specifications prescribed by the Department.
8 Schedule II controlled substance prescription monitoring
9 does not apply to Schedule II controlled substance
10 prescriptions as exempted under Section 313. Schedule II
11 controlled substances are exempt from the requirements of
12 this Section to the extent provided in Section 313.
13 (Source: P.A. 91-576, eff. 4-1-00.)
14 Section 95. No acceleration or delay. Where this Act
15 makes changes in a statute that is represented in this Act by
16 text that is not yet or no longer in effect (for example, a
17 Section represented by multiple versions), the use of that
18 text does not accelerate or delay the taking effect of (i)
19 the changes made by this Act or (ii) provisions derived from
20 any other Public Act.
21 Section 99. Effective date. This Act takes effect April
22 1, 2000.".