Public Act 099-0163
 
SB0689 EnrolledLRB099 02679 RLC 22686 b


  
    AN ACT concerning health.
  
 
    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 16b as follows:
 
    (225 ILCS 85/16b)
    (Section scheduled to be repealed on January 1, 2018)

    Sec. 16b. Prescription pick up and drop off. Nothing 
contained in this Act shall prohibit a pharmacist or pharmacy, 
by means of its employee or by use of a common carrier or the 
U.S. mail, at the request of the patient, from picking up 
prescription orders from the prescriber or delivering 
prescription drugs to the patient or the patient's agent, 
including an advanced practice nurse, practical nurse, or 
registered nurse licensed under the Nurse Practice Act, or a 
physician assistant licensed under the Physician Assistant 
Practice Act of 1987, who provides hospice services to a 
hospice patient or who provides home health services to a 
person, at the residence or place of employment of the person 
for whom the prescription was issued or at the hospital or 
medical care facility in which the patient is confined. 
Conversely, the patient or patient's agent may drop off 
prescriptions at a designated area. In this Section, "home 
health services" has the meaning ascribed to it in the  Home 
Health, Home Services, and Home Nursing Agency Licensing Act; 
and "hospice patient" and "hospice services" have the meanings 
ascribed to them in the Hospice Program Licensing Act. 

(Source: P.A. 95-689, eff. 10-29-07.)
 
    Section 10. The Illinois Controlled Substances Act is 
amended  by changing Section 302 as follows:
 
    (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
    Sec. 302. (a) Every person who manufactures, distributes, 
or dispenses
any controlled substances, or engages in chemical 
analysis, and
instructional activities which utilize 
controlled substances,
or who purchases, stores, or 
administers euthanasia drugs, within this
State or who proposes 
to engage in the
manufacture, distribution, or dispensing of 
any controlled substance, or to
engage in chemical analysis, 
and instructional activities
which utilize controlled 
substances, or to engage in purchasing, storing, or

administering euthanasia drugs, within this State, must obtain 
a
registration issued by the Department of Financial and 
Professional Regulation in
accordance with its rules.  The rules 
shall
include, but not be limited to, setting the expiration 
date and renewal
period for each registration under this Act. 
The Department,
 any facility or service licensed by the 
Department, and any veterinary hospital or clinic operated by a 
veterinarian or veterinarians licensed under the Veterinary 
Medicine and Surgery Practice Act of 2004 or maintained by a 
State-supported or publicly funded university or college shall 
be exempt
from the regulation requirements of this Section; 
however, such exemption shall not operate to bar the University 
of Illinois from requesting, nor the Department of Financial 
and Professional Regulation from issuing, a registration to the 
University of Illinois Veterinary Teaching Hospital under this 
Act.  Neither a request for such registration nor the issuance 
of such registration to the University of Illinois shall 
operate to otherwise waive or modify the exemption provided in 
this subsection (a).


    (b) Persons registered by the Department of Financial and 
Professional Regulation
under this Act to manufacture, 
distribute, or dispense controlled
substances, or purchase, 
store, or administer euthanasia drugs, may
possess, 
manufacture, distribute, or dispense those
substances, or 
purchase, store, or administer euthanasia drugs, to the
extent 
authorized by their registration and in conformity
with the 
other provisions of this Article.


    (c) The following persons need not register and may 
lawfully possess
controlled substances under this Act:


        (1) an agent or employee of any registered 
    manufacturer, distributor, or
dispenser of any controlled 
    substance if he or she is acting in the usual course
of his 
    or her employer's lawful business or employment;


        (2) a common or contract carrier or warehouseman, or an 
    agent or
employee thereof, whose possession of any 
    controlled substance is in the
usual lawful course of such 
    business or employment;


        (3) an ultimate user or a person in possession of a 
    controlled substance prescribed for the ultimate user 
    under a lawful prescription of a practitioner, including an 
    advanced practice nurse, practical nurse, or registered 
    nurse licensed under the Nurse Practice Act, or a physician 
    assistant licensed under the Physician Assistant Practice 
    Act of 1987, who provides hospice services to a hospice 
    patient or who provides home health services to a person, 
    or a person in possession of any controlled
substance 
    pursuant to a lawful prescription of a practitioner or in 
    lawful
possession of a Schedule V substance. In this 
    Section, "home health services" has the meaning ascribed to 
    it in the  Home Health, Home Services, and Home Nursing 
    Agency Licensing Act; and "hospice patient" and "hospice 
    services" have the meanings ascribed to them in the Hospice 
    Program Licensing Act;


        (4) officers and employees of this State or of the 
    United States while
acting in the lawful course of their 
    official duties which requires
possession of controlled 
    substances;


        (5) a registered pharmacist who is employed in, or the 
    owner of, a
pharmacy licensed under this Act and the 
    Federal Controlled Substances Act,
at the licensed 
    location, or if he or she is acting in the usual course of 
    his or her
lawful profession, business, or employment.


    (d) A separate registration is required at each place of

business or professional practice where the applicant 
manufactures,
distributes, or dispenses controlled substances, 
or purchases, stores, or
administers euthanasia drugs.
Persons 
are required to obtain a separate registration for each
place 
of business or professional practice where controlled

substances are located or stored.  A separate registration is

not required for every location at which a controlled substance

may be prescribed.


    (e) The Department of Financial and Professional 
Regulation or the Illinois
State Police may inspect the 
controlled premises, as defined in Section
502 of this Act, of 
a registrant or applicant for registration in
accordance with 
this Act and the rules promulgated hereunder and with regard
to 
persons licensed by the Department, in accordance with 
subsection (bb)
of Section 30-5
of the Alcoholism and Other 
Drug Abuse and Dependency Act and
the rules and
regulations 
promulgated thereunder.


(Source: P.A. 96-219, eff. 8-10-09; 97-126, eff. 7-14-11; 
97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)