Public Act 102-0084
 
SB0194 EnrolledLRB102 04364 SPS 14382 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Pharmacy Practice Act is amended  by 
changing Section 4 as follows:
 


    (225 ILCS 85/4)  (from Ch. 111, par. 4124)



    (Section scheduled to be repealed on January 1, 2023)

    Sec. 4. Exemptions. Nothing contained in any Section of 
this Act shall
apply
to, or in any manner interfere with:

        (a) the lawful practice of any physician licensed to 
    practice medicine in
all of its branches, dentist, 
    podiatric physician,
veterinarian, or therapeutically or 
    diagnostically certified optometrist within
the limits of

    his or her license, or prevent him or her from
supplying to 
    his
or her
bona fide patients
such drugs, medicines, or 
    poisons as may seem to him appropriate;

        (b) the sale of compressed gases;

        (c) the sale of patent or proprietary medicines and 
    household remedies
when sold in original and unbroken 
    packages only, if such patent or
proprietary medicines and 
    household remedies be properly and adequately
labeled as 
    to content and usage and generally considered and accepted

    as harmless and nonpoisonous when used according to the 
    directions
on the label, and also do not contain opium or 
    coca leaves, or any
compound, salt or derivative thereof, 
    or any drug which, according
to the latest editions of the 
    following authoritative pharmaceutical
treatises and 
    standards, namely, The United States 
    Pharmacopoeia/National
Formulary (USP/NF), the United 
    States Dispensatory, and the Accepted
Dental Remedies of 
    the Council of Dental Therapeutics of the American
Dental 
    Association or any or either of them, in use on the 
    effective
date of this Act, or according to the existing 
    provisions of the Federal
Food, Drug, and Cosmetic Act and 
    Regulations of the Department of Health
and Human 
    Services, Food and Drug Administration, promulgated 
    thereunder
now in effect, is designated, described or 
    considered as a narcotic,
hypnotic, habit forming, 
    dangerous, or poisonous drug;

        (d) the sale of poultry and livestock remedies in 
    original and unbroken
packages only, labeled for poultry 
    and livestock medication;

        (e) the sale of poisonous substances or mixture of 
    poisonous substances,
in unbroken packages, for 
    nonmedicinal use in the arts or industries
or for 
    insecticide purposes; provided, they are properly and 
    adequately
labeled as to content and such nonmedicinal 
    usage, in conformity
with the provisions of all applicable 
    federal, state and local laws
and regulations promulgated 
    thereunder now in effect relating thereto
and governing 
    the same, and those which are required under such 
    applicable
laws and regulations to be labeled with the 
    word "Poison", are also labeled
with the word "Poison" 
    printed
thereon in prominent type and the name of a 
    readily obtainable antidote
with directions for its 
    administration;

        (f) the delegation of limited prescriptive authority 
    by a physician
licensed to
practice medicine in all its 
    branches to a physician assistant
under Section 7.5 of the 
    Physician Assistant Practice Act of 1987. This
delegated 
    authority under Section 7.5 of the Physician Assistant 
    Practice Act of 1987 may, but is not required to, include 
    prescription of
 controlled substances, as defined in 
    Article II of the
Illinois Controlled Substances Act, in 
    accordance with a written supervision agreement;

        (g) the delegation of prescriptive authority by a 
    physician
licensed to practice medicine in all its 
    branches or a licensed podiatric physician to an advanced 
    practice
registered nurse in accordance with a written 
    collaborative
agreement under Sections 65-35 and 65-40 of 
    the Nurse Practice Act; and

        (h) the sale or distribution of dialysate or devices 
    necessary to perform home peritoneal renal dialysis for 
    patients with end-stage renal disease, provided that all 
    of the following conditions are met:
            (1) the dialysate, comprised of dextrose or 
        icodextrin, or devices are approved or cleared by the 
        federal Food and Drug Administration, as required by 
        federal law;
            (2) the dialysate or devices are lawfully held by 
        a manufacturer or the manufacturer's agent, which is 
        properly registered with the Board as a manufacturer, 
        third-party logistics provider, or wholesaler;
            (3) the dialysate or devices are held and 
        delivered to the manufacturer or the manufacturer's 
        agent in the original, sealed packaging from the 
        manufacturing facility; 
            (4) the dialysate or devices are delivered only 
        upon receipt of a physician's prescription by a 
        licensed pharmacy in which the prescription is 
        processed in accordance with provisions set forth in 
        this Act, and the transmittal of an order from the 
        licensed pharmacy to the manufacturer or the 
        manufacturer's agent; and 
            (5) the manufacturer or the manufacturer's agent 
        delivers the dialysate or devices directly to:  (i) a 
        patient with end-stage renal disease, or his or her 
        designee, for the patient's self-administration of the 
        dialysis therapy or (ii) a health care provider or 
        institution for administration or delivery of the 
        dialysis therapy to a patient with end-stage renal 
        disease. 
        This paragraph (h) does not include any other drugs 
    for peritoneal dialysis, except dialysate, as described in 
    item (1) of  this paragraph (h).  All records of sales and 
    distribution of dialysate to patients made pursuant to 
    this paragraph (h) must be retained in accordance with 
    Section 18 of this Act. A student pharmacist or licensed 
    pharmacy technician engaged in remote prescription 
    processing under Section 25.10 of this Act at a licensed 
    pharmacy described in item (4) of this paragraph (h) shall 
    be permitted to access an employer pharmacy's database 
    from his or her home or other remote location while under 
    the supervision of a pharmacist for the purpose of 
    performing certain prescription processing functions, 
    provided that the pharmacy establishes controls to protect 
    the privacy and security of confidential records.
(Source: P.A. 100-218, eff. 8-18-17; 100-513, eff. 1-1-18; 
100-863, eff. 8-14-18; 101-420, eff. 8-16-19.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.