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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Pharmacy Practice Act is amended by changing | ||||||
5 | Section 4 as follows:
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6 | (225 ILCS 85/4) (from Ch. 111, par. 4124)
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7 | (Section scheduled to be repealed on January 1, 2018)
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8 | Sec. 4. Exemptions. Nothing contained in any Section of | ||||||
9 | this Act shall
apply
to, or in any manner interfere with:
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10 | (a) the lawful practice of any physician licensed to | ||||||
11 | practice medicine in
all of its branches, dentist, podiatric | ||||||
12 | physician,
veterinarian, or therapeutically or diagnostically | ||||||
13 | certified optometrist within
the limits of
his or her license, | ||||||
14 | or prevent him or her from
supplying to his
or her
bona fide | ||||||
15 | patients
such drugs, medicines, or poisons as may seem to him | ||||||
16 | appropriate;
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17 | (b) the sale of compressed gases;
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18 | (c) the sale of patent or proprietary medicines and | ||||||
19 | household remedies
when sold in original and unbroken packages | ||||||
20 | only, if such patent or
proprietary medicines and household | ||||||
21 | remedies be properly and adequately
labeled as to content and | ||||||
22 | usage and generally considered and accepted
as harmless and | ||||||
23 | nonpoisonous when used according to the directions
on the |
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1 | label, and also do not contain opium or coca leaves, or any
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2 | compound, salt or derivative thereof, or any drug which, | ||||||
3 | according
to the latest editions of the following authoritative | ||||||
4 | pharmaceutical
treatises and standards, namely, The United | ||||||
5 | States Pharmacopoeia/National
Formulary (USP/NF), the United | ||||||
6 | States Dispensatory, and the Accepted
Dental Remedies of the | ||||||
7 | Council of Dental Therapeutics of the American
Dental | ||||||
8 | Association or any or either of them, in use on the effective
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9 | date of this Act, or according to the existing provisions of | ||||||
10 | the Federal
Food, Drug, and Cosmetic Act and Regulations of the | ||||||
11 | Department of Health
and Human Services, Food and Drug | ||||||
12 | Administration, promulgated thereunder
now in effect, is | ||||||
13 | designated, described or considered as a narcotic,
hypnotic, | ||||||
14 | habit forming, dangerous, or poisonous drug;
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15 | (d) the sale of poultry and livestock remedies in original | ||||||
16 | and unbroken
packages only, labeled for poultry and livestock | ||||||
17 | medication;
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18 | (e) the sale of poisonous substances or mixture of | ||||||
19 | poisonous substances,
in unbroken packages, for nonmedicinal | ||||||
20 | use in the arts or industries
or for insecticide purposes; | ||||||
21 | provided, they are properly and adequately
labeled as to | ||||||
22 | content and such nonmedicinal usage, in conformity
with the | ||||||
23 | provisions of all applicable federal, state and local laws
and | ||||||
24 | regulations promulgated thereunder now in effect relating | ||||||
25 | thereto
and governing the same, and those which are required | ||||||
26 | under such applicable
laws and regulations to be labeled with |
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1 | the word "Poison", are also labeled
with the word "Poison" | ||||||
2 | printed
thereon in prominent type and the name of a readily | ||||||
3 | obtainable antidote
with directions for its administration;
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4 | (f) the delegation of limited prescriptive authority by a | ||||||
5 | physician
licensed to
practice medicine in all its branches to | ||||||
6 | a physician assistant
under Section 7.5 of the Physician | ||||||
7 | Assistant Practice Act of 1987. This
delegated authority under | ||||||
8 | Section 7.5 of the Physician Assistant Practice Act of 1987 | ||||||
9 | may, but is not required to, include prescription of
controlled | ||||||
10 | substances, as defined in Article II of the
Illinois Controlled | ||||||
11 | Substances Act, in accordance with a written supervision | ||||||
12 | agreement; and
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13 | (g) the delegation of prescriptive authority by a physician
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14 | licensed to practice medicine in all its branches or a licensed | ||||||
15 | podiatric physician to an advanced practice
nurse in accordance | ||||||
16 | with a written collaborative
agreement under Sections 65-35 and | ||||||
17 | 65-40 of the Nurse Practice Act ; and .
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18 | (h) the sale or distribution of dialysate or devices | ||||||
19 | necessary to perform home peritoneal renal dialysis for | ||||||
20 | patients with end-stage renal disease, provided that all of the | ||||||
21 | following conditions are met: | ||||||
22 | (1) the dialysate, comprised of dextrose or | ||||||
23 | icodextrin, or devices are approved or cleared by the | ||||||
24 | federal Food and Drug Administration, as required by | ||||||
25 | federal law; | ||||||
26 | (2) the dialysate or devices are lawfully held by a |
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1 | manufacturer or the manufacturer's agent, which is | ||||||
2 | properly registered with the Board as a manufacturer or | ||||||
3 | wholesaler; | ||||||
4 | (3) the dialysate or devices are held and delivered to | ||||||
5 | the manufacturer or the manufacturer's agent in the | ||||||
6 | original, sealed packaging from the manufacturing | ||||||
7 | facility; | ||||||
8 | (4) the dialysate or devices are delivered only upon | ||||||
9 | receipt of a physician's prescription by a licensed | ||||||
10 | pharmacy in which the prescription is processed in | ||||||
11 | accordance with provisions set forth in this Act, and the | ||||||
12 | transmittal of an order from the licensed pharmacy to the | ||||||
13 | manufacturer or the manufacturer's agent; and | ||||||
14 | (5) the manufacturer or the manufacturer's agent | ||||||
15 | delivers the dialysate or devices directly to: (i) a | ||||||
16 | patient with end-stage renal disease, or his or her | ||||||
17 | designee, for the patient's self-administration of the | ||||||
18 | dialysis therapy or (ii) a health care provider or | ||||||
19 | institution for administration or delivery of the dialysis | ||||||
20 | therapy to a patient with end-stage renal disease. | ||||||
21 | This paragraph (h) does not include any other drugs for | ||||||
22 | peritoneal dialysis, except dialysate, as described in item (1) | ||||||
23 | of this paragraph (h). All records of sales and distribution of | ||||||
24 | dialysate to patients made pursuant to this paragraph (h) must | ||||||
25 | be retained in accordance with Section 18 of this Act. | ||||||
26 | (Source: P.A. 98-214, eff. 8-9-13.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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