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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
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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.
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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
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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
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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
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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
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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.
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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,
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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
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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
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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.
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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;
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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
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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
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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;
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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;
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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]-
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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
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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
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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.
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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.
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