|
|||||||||||||||||||||||||
|
|||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning health.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Prescription Drug Repository Program Act. | ||||||||||||||||||||||||
6 | Section 5. Definitions. In this Act: | ||||||||||||||||||||||||
7 | "Department" means the Department of Public Health. | ||||||||||||||||||||||||
8 | "Dispense" has the meaning given to that term in the | ||||||||||||||||||||||||
9 | Pharmacy Practice Act. | ||||||||||||||||||||||||
10 | "Healthcare facility" means an assisted living facility, | ||||||||||||||||||||||||
11 | hospice, rehabilitation facility, or long-term care facility. | ||||||||||||||||||||||||
12 | "Pharmacist" means an individual licensed to engage in the | ||||||||||||||||||||||||
13 | practice of pharmacy under the Pharmacy Practice Act. | ||||||||||||||||||||||||
14 | "Pharmacy" means a pharmacy registered in this State under | ||||||||||||||||||||||||
15 | the Pharmacy Practice Act. | ||||||||||||||||||||||||
16 | "Practitioner" means a person licensed in this State to | ||||||||||||||||||||||||
17 | prescribe and administer drugs or licensed in another state and | ||||||||||||||||||||||||
18 | recognized by this State as a person authorized to prescribe | ||||||||||||||||||||||||
19 | and administer drugs. | ||||||||||||||||||||||||
20 | "Prescription drug" means any prescribed drug that may be | ||||||||||||||||||||||||
21 | legally dispensed by a pharmacy. "Prescription drug" does not | ||||||||||||||||||||||||
22 | include drugs for the treatment of cancer that can only be | ||||||||||||||||||||||||
23 | dispensed to a patient registered with the drug manufacturer in |
| |||||||
| |||||||
1 | accordance with federal Food and Drug Administration | ||||||
2 | requirements. | ||||||
3 | "Program" means the prescription drug repository program | ||||||
4 | established under this Act. | ||||||
5 | Section 10. Prescription drug repository program. The | ||||||
6 | Department shall establish and maintain a prescription drug | ||||||
7 | repository program, under which a healthcare facility may | ||||||
8 | donate a prescription drug or supplies needed to administer a | ||||||
9 | prescription drug for use by an individual who meets | ||||||
10 | appropriate eligibility criteria. Donations may be made on the | ||||||
11 | premises of a pharmacy that elects to participate in the | ||||||
12 | program and meets appropriate requirements. The pharmacy may | ||||||
13 | charge an individual who receives a prescription drug or | ||||||
14 | supplies needed to administer a prescription drug under this | ||||||
15 | Act a handling fee that may not exceed an appropriate amount. A | ||||||
16 | pharmacy that receives a donated prescription drug or supplies | ||||||
17 | needed to administer a prescription drug under this Act may | ||||||
18 | distribute the prescription drug or supplies to another | ||||||
19 | eligible pharmacy for use under the program.
| ||||||
20 | Section 15. Requirements for accepting and dispensing | ||||||
21 | prescription drugs and supplies. A prescription drug or | ||||||
22 | supplies needed to administer a prescription drug may be | ||||||
23 | accepted and dispensed under the program only if all of the | ||||||
24 | following requirements are met:
|
| |||||||
| |||||||
1 | (1) The prescription drug or supplies needed to | ||||||
2 | administer a prescription drug are in their original, | ||||||
3 | unopened, sealed, and tamper-evident unit-dose packaging | ||||||
4 | or, if packaged in single-unit doses, the single-unit-dose | ||||||
5 | packaging is unopened.
| ||||||
6 | (2) The prescription drug bears an expiration date that | ||||||
7 | is later than 6 months after the date that the drug was | ||||||
8 | donated.
| ||||||
9 | (3) The prescription drug or supplies needed to | ||||||
10 | administer a prescription drug are not adulterated or | ||||||
11 | misbranded, as determined by a pharmacist employed by, or | ||||||
12 | under contract with, the pharmacy where the drug or | ||||||
13 | supplies are accepted or dispensed. The pharmacist must | ||||||
14 | inspect the drug or supplies before the drug or supplies | ||||||
15 | are dispensed.
| ||||||
16 | (4) The prescription drug or supplies needed to | ||||||
17 | administer a prescription drug are prescribed by a | ||||||
18 | practitioner for use by an eligible individual.
| ||||||
19 | Section 20. Resale of donated drugs or supplies prohibited. | ||||||
20 | No prescription drug or supplies needed to administer a | ||||||
21 | prescription drug that are donated for use under this Act may | ||||||
22 | be resold.
| ||||||
23 | Section 25. Participation in program not required. Nothing | ||||||
24 | in this Act requires that a pharmacy or pharmacist participate |
| |||||||
| |||||||
1 | in the prescription drug repository program.
| ||||||
2 | Section 30. Immunity. | ||||||
3 | (a) Except in cases of willful and wanton misconduct, a | ||||||
4 | manufacturer of a drug or supply is not subject to criminal or | ||||||
5 | civil liability for injury, death, or loss to a person or | ||||||
6 | property for matters related to the donation, acceptance, or | ||||||
7 | dispensing of a prescription drug or supply manufactured by the | ||||||
8 | manufacturer that is donated under this Act, including | ||||||
9 | liability for failure to transfer or communicate product or | ||||||
10 | consumer information or the expiration date of the donated | ||||||
11 | prescription drug. The provisions of this subsection shall | ||||||
12 | apply only to the donation, acceptance, or dispensing of drugs | ||||||
13 | or supplies provided without fee or compensation. Immunity | ||||||
14 | granted under this subsection is solely applicable to the | ||||||
15 | donation, acceptance, or dispensing of a drug or supply under | ||||||
16 | this Act and is not a general waiver of liability that would | ||||||
17 | have existed under the original prescription. | ||||||
18 | (b) A pharmacist or other health care professional working | ||||||
19 | in a pharmacy participating in the program dispensing, | ||||||
20 | furnishing, or otherwise providing in good faith without fee or | ||||||
21 | compensation donated prescription drugs to eligible | ||||||
22 | individuals under this Act shall not be subject to professional | ||||||
23 | or civil liability, except for willful or wanton misconduct. | ||||||
24 | Section 90. The Pharmacy Practice Act is amended by |
| |||||||
| |||||||
1 | changing Section 4 as follows:
| ||||||
2 | (225 ILCS 85/4) (from Ch. 111, par. 4124)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
4 | Sec. 4. Exemptions. Nothing contained in any Section of | ||||||
5 | this Act shall
apply
to, or in any manner interfere with:
| ||||||
6 | (a) the lawful practice of any physician licensed to | ||||||
7 | practice medicine in
all of its branches, dentist, podiatrist,
| ||||||
8 | veterinarian, or therapeutically or diagnostically certified | ||||||
9 | optometrist within
the limits of
his or her license, or prevent | ||||||
10 | him or her from
supplying to his
or her
bona fide patients
such | ||||||
11 | drugs, medicines, or poisons as may seem to him appropriate;
| ||||||
12 | (b) the sale of compressed gases;
| ||||||
13 | (c) the sale of patent or proprietary medicines and | ||||||
14 | household remedies
when sold in original and unbroken packages | ||||||
15 | only, if such patent or
proprietary medicines and household | ||||||
16 | remedies be properly and adequately
labeled as to content and | ||||||
17 | usage and generally considered and accepted
as harmless and | ||||||
18 | nonpoisonous when used according to the directions
on the | ||||||
19 | label, and also do not contain opium or coca leaves, or any
| ||||||
20 | compound, salt or derivative thereof, or any drug which, | ||||||
21 | according
to the latest editions of the following authoritative | ||||||
22 | pharmaceutical
treatises and standards, namely, The United | ||||||
23 | States Pharmacopoeia/National
Formulary (USP/NF), the United | ||||||
24 | States Dispensatory, and the Accepted
Dental Remedies of the | ||||||
25 | Council of Dental Therapeutics of the American
Dental |
| |||||||
| |||||||
1 | Association or any or either of them, in use on the effective
| ||||||
2 | date of this Act, or according to the existing provisions of | ||||||
3 | the Federal
Food, Drug, and Cosmetic Act and Regulations of the | ||||||
4 | Department of Health
and Human Services, Food and Drug | ||||||
5 | Administration, promulgated thereunder
now in effect, is | ||||||
6 | designated, described or considered as a narcotic,
hypnotic, | ||||||
7 | habit forming, dangerous, or poisonous drug;
| ||||||
8 | (d) the sale of poultry and livestock remedies in original | ||||||
9 | and unbroken
packages only, labeled for poultry and livestock | ||||||
10 | medication;
| ||||||
11 | (e) the sale of poisonous substances or mixture of | ||||||
12 | poisonous substances,
in unbroken packages, for nonmedicinal | ||||||
13 | use in the arts or industries
or for insecticide purposes; | ||||||
14 | provided, they are properly and adequately
labeled as to | ||||||
15 | content and such nonmedicinal usage, in conformity
with the | ||||||
16 | provisions of all applicable federal, state and local laws
and | ||||||
17 | regulations promulgated thereunder now in effect relating | ||||||
18 | thereto
and governing the same, and those which are required | ||||||
19 | under such applicable
laws and regulations to be labeled with | ||||||
20 | the word "Poison", are also labeled
with the word "Poison" | ||||||
21 | printed
thereon in prominent type and the name of a readily | ||||||
22 | obtainable antidote
with directions for its administration;
| ||||||
23 | (f) the delegation of limited prescriptive authority by a | ||||||
24 | physician
licensed to
practice medicine in all its branches to | ||||||
25 | a physician assistant
under Section 7.5 of the Physician | ||||||
26 | Assistant Practice Act of 1987. This
delegated authority under |
| |||||||
| |||||||
1 | Section 7.5 of the Physician Assistant Practice Act of 1987 | ||||||
2 | may, but is not required to, include prescription of
controlled | ||||||
3 | substances, as defined in Article II of the
Illinois Controlled | ||||||
4 | Substances Act, in accordance with a written supervision | ||||||
5 | agreement; and
| ||||||
6 | (g) the delegation of prescriptive authority by a physician
| ||||||
7 | licensed to practice medicine in all its branches or a licensed | ||||||
8 | podiatrist to an advanced practice
nurse in accordance with a | ||||||
9 | written collaborative
agreement under Sections 65-35 and 65-40 | ||||||
10 | of the Nurse Practice Act ; and .
| ||||||
11 | (h) the donation or acceptance, or the packaging, | ||||||
12 | repackaging, or labeling, of prescription drugs to the extent | ||||||
13 | permitted or required under the Prescription Drug Repository | ||||||
14 | Program Act.
| ||||||
15 | (Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09; | ||||||
16 | 96-268, eff. 8-11-09.)
| ||||||
17 | Section 91. The Wholesale Drug Distribution Licensing Act | ||||||
18 | is amended by changing Section 15 as follows:
| ||||||
19 | (225 ILCS 120/15) (from Ch. 111, par. 8301-15)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
21 | Sec. 15. Definitions. As used in this Act:
| ||||||
22 | "Authentication" means the affirmative verification, | ||||||
23 | before any wholesale distribution of a prescription drug | ||||||
24 | occurs, that each transaction listed on the pedigree has |
| |||||||
| |||||||
1 | occurred. | ||||||
2 | "Authorized distributor of record" means a wholesale | ||||||
3 | distributor with whom a manufacturer has established an ongoing | ||||||
4 | relationship to distribute the manufacturer's prescription | ||||||
5 | drug. An ongoing relationship is deemed to exist between a | ||||||
6 | wholesale distributor and a manufacturer when the wholesale | ||||||
7 | distributor, including any affiliated group of the wholesale | ||||||
8 | distributor, as defined in Section 1504 of the Internal Revenue | ||||||
9 | Code, complies with the following: | ||||||
10 | (1) The wholesale distributor has a written agreement | ||||||
11 | currently in effect with the manufacturer evidencing the | ||||||
12 | ongoing relationship; and | ||||||
13 | (2) The wholesale distributor is listed on the | ||||||
14 | manufacturer's current list of authorized distributors of | ||||||
15 | record, which is updated by the manufacturer on no less | ||||||
16 | than a monthly basis.
| ||||||
17 | "Blood" means whole blood collected from a single donor and | ||||||
18 | processed
either for transfusion or further manufacturing.
| ||||||
19 | "Blood component" means that part of blood separated by | ||||||
20 | physical or
mechanical means.
| ||||||
21 | "Board" means the State Board of Pharmacy of the Department | ||||||
22 | of
Professional Regulation.
| ||||||
23 | "Chain pharmacy warehouse" means a physical location for | ||||||
24 | prescription drugs that acts as a central warehouse and | ||||||
25 | performs intracompany sales or transfers of the drugs to a | ||||||
26 | group of chain or mail order pharmacies that have the same |
| |||||||
| |||||||
1 | common ownership and control. Notwithstanding any other | ||||||
2 | provision of this Act, a chain pharmacy warehouse shall be | ||||||
3 | considered part of the normal distribution channel. | ||||||
4 | "Co-licensed partner or product" means an instance where | ||||||
5 | one or more parties have the right to engage in the | ||||||
6 | manufacturing or marketing of a prescription drug, consistent | ||||||
7 | with the FDA's implementation of the Prescription Drug | ||||||
8 | Marketing Act.
| ||||||
9 | "Department" means the Department of Financial and
| ||||||
10 | Professional Regulation.
| ||||||
11 | "Drop shipment" means the sale of a prescription drug to a | ||||||
12 | wholesale distributor by the manufacturer of the prescription | ||||||
13 | drug or that manufacturer's co-licensed product partner, that | ||||||
14 | manufacturer's third party logistics provider, or that | ||||||
15 | manufacturer's exclusive distributor or by an authorized | ||||||
16 | distributor of record that purchased the product directly from | ||||||
17 | the manufacturer or one of these entities whereby the wholesale | ||||||
18 | distributor or chain pharmacy warehouse takes title but not | ||||||
19 | physical possession of such prescription drug and the wholesale | ||||||
20 | distributor invoices the pharmacy, chain pharmacy warehouse, | ||||||
21 | or other person authorized by law to dispense or administer | ||||||
22 | such drug to a patient and the pharmacy, chain pharmacy | ||||||
23 | warehouse, or other authorized person receives delivery of the | ||||||
24 | prescription drug directly from the manufacturer, that | ||||||
25 | manufacturer's third party logistics provider, or that | ||||||
26 | manufacturer's exclusive distributor or from an authorized |
| |||||||
| |||||||
1 | distributor of record that purchased the product directly from | ||||||
2 | the manufacturer or one of these entities.
| ||||||
3 | "Drug sample" means a unit of a prescription drug that is | ||||||
4 | not intended to
be sold and is intended to promote the sale of | ||||||
5 | the drug.
| ||||||
6 | "Facility" means a facility of a wholesale distributor | ||||||
7 | where prescription drugs are stored, handled, repackaged, or | ||||||
8 | offered for sale. | ||||||
9 | "FDA" means the United States Food and Drug Administration.
| ||||||
10 | "Manufacturer" means a person licensed or approved by the | ||||||
11 | FDA to engage in the manufacture of drugs or devices, | ||||||
12 | consistent with the definition of "manufacturer" set forth in | ||||||
13 | the FDA's regulations and guidances implementing the | ||||||
14 | Prescription Drug Marketing Act. "Manufacturer" does not | ||||||
15 | include anyone who is engaged in the packaging, repackaging, or | ||||||
16 | labeling of prescription drugs only to the extent required | ||||||
17 | under the Prescription Drug Repository Program Act. | ||||||
18 | "Manufacturer's exclusive distributor" means anyone who | ||||||
19 | contracts with a manufacturer to provide or coordinate | ||||||
20 | warehousing, distribution, or other services on behalf of a | ||||||
21 | manufacturer and who takes title to that manufacturer's | ||||||
22 | prescription drug, but who does not have general responsibility | ||||||
23 | to direct the sale or disposition of the manufacturer's | ||||||
24 | prescription drug. A manufacturer's exclusive distributor must | ||||||
25 | be licensed as a wholesale distributor under this Act and, in | ||||||
26 | order to be considered part of the normal distribution channel, |
| |||||||
| |||||||
1 | must also be an authorized distributor of record.
| ||||||
2 | "Normal distribution channel" means a chain of custody for | ||||||
3 | a prescription drug that goes, directly or by drop shipment, | ||||||
4 | from (i) a manufacturer of the prescription drug, (ii) that | ||||||
5 | manufacturer to that manufacturer's co-licensed partner, (iii) | ||||||
6 | that manufacturer to that manufacturer's third party logistics | ||||||
7 | provider, or (iv) that manufacturer to that manufacturer's | ||||||
8 | exclusive distributor to: | ||||||
9 | (1) a pharmacy or to other designated persons | ||||||
10 | authorized by law to dispense or administer the drug to a | ||||||
11 | patient; | ||||||
12 | (2) a wholesale distributor to a pharmacy or other | ||||||
13 | designated persons authorized by law to dispense or | ||||||
14 | administer the drug to a patient; | ||||||
15 | (3) a wholesale distributor to a chain pharmacy | ||||||
16 | warehouse to that chain pharmacy warehouse's intracompany | ||||||
17 | pharmacy to a patient or other designated persons | ||||||
18 | authorized by law to dispense or administer the drug to a | ||||||
19 | patient; | ||||||
20 | (4) a chain pharmacy warehouse to the chain pharmacy | ||||||
21 | warehouse's intracompany pharmacy or other designated | ||||||
22 | persons authorized by law to dispense or administer the | ||||||
23 | drug to the patient; | ||||||
24 | (5) an authorized distributor of record to one other | ||||||
25 | authorized distributor of record to an office-based health | ||||||
26 | care practitioner authorized by law to dispense or |
| |||||||
| |||||||
1 | administer the drug to the patient; or | ||||||
2 | (6) an authorized distributor to a pharmacy or other | ||||||
3 | persons licensed to dispense or administer the drug. | ||||||
4 | "Pedigree" means a document or electronic file containing | ||||||
5 | information that records each wholesale distribution of any | ||||||
6 | given prescription drug from the point of origin to the final | ||||||
7 | wholesale distribution point of any given prescription drug.
| ||||||
8 | "Person" means and includes a natural person, partnership, | ||||||
9 | association or
corporation.
| ||||||
10 | "Pharmacy distributor" means any pharmacy licensed in this | ||||||
11 | State or
hospital pharmacy that is engaged in the delivery or | ||||||
12 | distribution of
prescription drugs either to any other pharmacy | ||||||
13 | licensed in this State or
to any other person or entity | ||||||
14 | including, but not limited to, a wholesale
drug distributor | ||||||
15 | engaged in the delivery or distribution of prescription
drugs | ||||||
16 | who is involved in the actual, constructive, or attempted | ||||||
17 | transfer of
a drug in this State to other than the ultimate | ||||||
18 | consumer except as
otherwise provided for by law.
| ||||||
19 | "Prescription drug" means any human drug, including any | ||||||
20 | biological product (except for blood and blood components | ||||||
21 | intended for transfusion or biological products that are also | ||||||
22 | medical devices), required by federal law or
regulation to be | ||||||
23 | dispensed only by a prescription, including finished
dosage | ||||||
24 | forms and bulk drug substances
subject to Section
503 of the | ||||||
25 | Federal Food, Drug and Cosmetic Act.
| ||||||
26 | "Repackage" means repackaging or otherwise changing the |
| |||||||
| |||||||
1 | container, wrapper, or labeling to further the distribution of | ||||||
2 | a prescription drug, excluding that completed by the pharmacist | ||||||
3 | responsible for dispensing the product to a patient. | ||||||
4 | "Secretary" means the Secretary of Financial and | ||||||
5 | Professional Regulation. | ||||||
6 | "Third party logistics provider" means anyone who | ||||||
7 | contracts with a prescription drug manufacturer to provide or | ||||||
8 | coordinate warehousing, distribution, or other services on | ||||||
9 | behalf of a manufacturer, but does not take title to the | ||||||
10 | prescription drug or have general responsibility to direct the | ||||||
11 | prescription drug's sale or disposition. A third party | ||||||
12 | logistics provider must be licensed as a wholesale distributor | ||||||
13 | under this Act and, in order to be considered part of the | ||||||
14 | normal distribution channel, must also be an authorized | ||||||
15 | distributor of record. | ||||||
16 | "Wholesale distribution"
means the distribution
of | ||||||
17 | prescription drugs to persons other than a consumer or patient, | ||||||
18 | but does
not include any of the following:
| ||||||
19 | (1)
Intracompany sales of prescription drugs, meaning | ||||||
20 | (i) any transaction or transfer
between any division, | ||||||
21 | subsidiary, parent, or affiliated or related company
under | ||||||
22 | the common ownership and control of a corporate entity or | ||||||
23 | (ii) any transaction or transfer between co-licensees of a | ||||||
24 | co-licensed product.
| ||||||
25 | (2) The sale, purchase, distribution, trade, or | ||||||
26 | transfer of a prescription drug or offer to sell, purchase, |
| |||||||
| |||||||
1 | distribute, trade, or transfer a prescription drug for | ||||||
2 | emergency medical reasons.
| ||||||
3 | (3) The distribution of prescription drug samples by | ||||||
4 | manufacturers' representatives. | ||||||
5 | (4) Drug returns, when conducted by a hospital, health | ||||||
6 | care entity, or charitable institution in accordance with | ||||||
7 | federal regulation. | ||||||
8 | (5) The sale of minimal quantities of prescription | ||||||
9 | drugs by retail pharmacies to licensed practitioners for | ||||||
10 | office use. | ||||||
11 | (6) The sale, purchase, or trade of a drug, an offer to | ||||||
12 | sell, purchase, or trade a drug, or the dispensing of a | ||||||
13 | drug pursuant to a prescription. | ||||||
14 | (7) The sale, transfer, merger, or consolidation of all | ||||||
15 | or part of the business of a pharmacy or pharmacies from or | ||||||
16 | with another pharmacy or pharmacies, whether accomplished | ||||||
17 | as a purchase and sale of stock or business assets. | ||||||
18 | (8) The sale, purchase, distribution, trade, or | ||||||
19 | transfer of a prescription drug from one authorized | ||||||
20 | distributor of record to one additional authorized | ||||||
21 | distributor of record when the manufacturer has stated in | ||||||
22 | writing to the receiving authorized distributor of record | ||||||
23 | that the manufacturer is unable to supply the prescription | ||||||
24 | drug and the supplying authorized distributor of record | ||||||
25 | states in writing that the prescription drug being supplied | ||||||
26 | had until that time been exclusively in the normal |
| |||||||
| |||||||
1 | distribution channel. | ||||||
2 | (9) The delivery of or the offer to deliver a | ||||||
3 | prescription drug by a common carrier solely in the common | ||||||
4 | carrier's usual course of business of transporting | ||||||
5 | prescription drugs when the common carrier does not store, | ||||||
6 | warehouse, or take legal ownership of the prescription | ||||||
7 | drug. | ||||||
8 | (10) The sale or transfer from a retail pharmacy, mail | ||||||
9 | order pharmacy, or chain pharmacy warehouse of expired, | ||||||
10 | damaged, returned, or recalled prescription drugs to the | ||||||
11 | original manufacturer, the originating wholesale | ||||||
12 | distributor, or a third party returns processor.
| ||||||
13 | (11) The donation of prescription drugs to the extent | ||||||
14 | permitted under the Prescription Drug Repository Program | ||||||
15 | Act.
| ||||||
16 | "Wholesale drug distributor" means anyone
engaged in the
| ||||||
17 | wholesale distribution of prescription drugs, including | ||||||
18 | without limitation
manufacturers; repackers; own label | ||||||
19 | distributors; jobbers; private
label distributors; brokers; | ||||||
20 | warehouses, including manufacturers' and
distributors' | ||||||
21 | warehouses; manufacturer's exclusive distributors; and | ||||||
22 | authorized distributors of record; drug wholesalers or | ||||||
23 | distributors; independent wholesale drug traders; specialty | ||||||
24 | wholesale distributors; third party logistics providers; and | ||||||
25 | retail pharmacies that conduct wholesale distribution; and | ||||||
26 | chain pharmacy warehouses that conduct wholesale distribution. |
| |||||||
| |||||||
1 | In order to be considered part of the normal distribution | ||||||
2 | channel, a wholesale distributor must also be an authorized | ||||||
3 | distributor of record.
| ||||||
4 | (Source: P.A. 95-689, eff. 10-29-07.)
| ||||||
5 | Section 92. The Senior Pharmaceutical Assistance Act is | ||||||
6 | amended by changing Section 10 as follows:
| ||||||
7 | (320 ILCS 50/10)
| ||||||
8 | Sec. 10. Definitions. In this Act:
| ||||||
9 | "Manufacturer" includes:
| ||||||
10 | (1) An entity that is engaged in (a) the production, | ||||||
11 | preparation,
propagation, compounding, conversion, or | ||||||
12 | processing of prescription drug
products (i) directly or | ||||||
13 | indirectly by extraction from substances of natural
| ||||||
14 | origin,
(ii) independently by means of chemical synthesis, | ||||||
15 | or (iii) by combination of
extraction
and chemical | ||||||
16 | synthesis; or (b) the packaging, repackaging, labeling or
| ||||||
17 | re-labeling, or distribution of prescription drug | ||||||
18 | products.
| ||||||
19 | (2) The entity holding legal title to or possession of | ||||||
20 | the national
drug code number for the covered prescription | ||||||
21 | drug.
| ||||||
22 | The term does not include a wholesale distributor of drugs,
| ||||||
23 | drugstore chain organization, or retail pharmacy licensed by | ||||||
24 | the State. The term also does not include anyone who is engaged |
| |||||||
| |||||||
1 | in the packaging, repackaging, or labeling of prescription | ||||||
2 | drugs only to the extent required under the Prescription Drug | ||||||
3 | Repository Program Act.
| ||||||
4 | "Prescription drug" means a drug that may be dispensed only | ||||||
5 | upon
prescription by an authorized prescriber and that is | ||||||
6 | approved for safety and
effectiveness as a prescription drug | ||||||
7 | under Section 505 or 507 of the Federal
Food, Drug and Cosmetic | ||||||
8 | Act.
| ||||||
9 | "Senior citizen" or "senior" means a person 65 years of age | ||||||
10 | or
older.
| ||||||
11 | (Source: P.A. 92-594, eff. 6-27-02.)
| ||||||
12 | Section 93. The Illinois Food, Drug and Cosmetic Act is | ||||||
13 | amended by changing Section 16 as follows:
| ||||||
14 | (410 ILCS 620/16) (from Ch. 56 1/2, par. 516)
| ||||||
15 | Sec. 16. (a) The Director is hereby authorized to | ||||||
16 | promulgate
regulations exempting from any labeling or | ||||||
17 | packaging requirement of this
Act drugs and devices which are | ||||||
18 | (i) , in accordance with the practice of the
trade, to be | ||||||
19 | processed, labeled or repacked in substantial quantities at
| ||||||
20 | establishments other than those where originally processed or | ||||||
21 | packaged on
condition that such drugs and devices are not | ||||||
22 | adulterated or misbranded
under the provisions of this Act upon | ||||||
23 | removal from such processing,
labeling or repacking | ||||||
24 | establishment or (ii) packaged, repackaged, or labeled to the |
| |||||||
| |||||||
1 | extent required under the Prescription Drug Repository Program | ||||||
2 | Act .
| ||||||
3 | (b) Drugs and device labeling or packaging exemptions | ||||||
4 | adopted under the
Federal Act and supplements thereto or | ||||||
5 | revisions thereof shall apply to
drugs and devices in Illinois | ||||||
6 | except insofar as modified or rejected by
regulations | ||||||
7 | promulgated by the Director.
| ||||||
8 | (c) A drug intended for use by man which (A) is a | ||||||
9 | habit-forming drug to
which Section 15 (d) applies; or (B) | ||||||
10 | because of its toxicity or other
potentiality for harmful | ||||||
11 | effect or the method of its use or the collateral
measures | ||||||
12 | necessary to its use is not safe for use except under the
| ||||||
13 | supervision of a practitioner licensed by law to administer | ||||||
14 | such drug; or
(C) is limited by an approved application under | ||||||
15 | Section 505 of the Federal
Act or Section 17 of this Act to use | ||||||
16 | under the professional supervision of
a practitioner licensed | ||||||
17 | by law to administer such drug, shall be dispensed
only in | ||||||
18 | accordance with the provisions of the "Illinois Controlled
| ||||||
19 | Substances Act". The act of dispensing a drug contrary to the | ||||||
20 | provisions of
this paragraph shall be deemed to be an act which | ||||||
21 | results in a drug being
misbranded while held for sale.
| ||||||
22 | (d) Any drug dispensed by filling or refilling a written
or | ||||||
23 | oral prescription of a practitioner licensed by law to | ||||||
24 | administer such
drug shall be exempt from the requirements of | ||||||
25 | Section 15, except
subsections (a), (k) and (l) and clauses (2) | ||||||
26 | and (3) of subsection (i), and
the packaging requirements of
|
| |||||||
| |||||||
1 | subsections (g), (h) and (q), if the drug bears a label | ||||||
2 | containing the
proprietary name or names, or if there is none, | ||||||
3 | the established name or
names of the drugs, the dosage and | ||||||
4 | quantity, unless the prescribing
practitioner, in the interest | ||||||
5 | of the health of the patient, directs
otherwise in writing, the | ||||||
6 | name and address of the dispenser, the serial
number and date | ||||||
7 | of the prescription or of its filling, the name of the
| ||||||
8 | prescriber and, if stated in the prescription, the name of the | ||||||
9 | patient, and
the directions for use and the cautionary | ||||||
10 | statements, if any, contained in
such prescription. This | ||||||
11 | exemption shall not apply to any drug dispensed in
the course | ||||||
12 | of the conduct of business of dispensing drugs pursuant to
| ||||||
13 | diagnosis by mail, or to a drug dispensed in violation of | ||||||
14 | subsection (a) of
this Section.
| ||||||
15 | (e) The Director may by regulation remove drugs subject to
| ||||||
16 | Section 15 (d) and Section 17 from the requirements of | ||||||
17 | subsection (c) of
this Section when such requirements are not | ||||||
18 | necessary for the protection of
the public health.
| ||||||
19 | (f) A drug which is subject to subsection (c) of this | ||||||
20 | Section
shall be deemed to be misbranded if at any time before | ||||||
21 | dispensing its label
fails to bear the statement "Caution: | ||||||
22 | Federal Law Prohibits Dispensing Without
Prescription" or | ||||||
23 | "Caution: State Law Prohibits Dispensing Without
| ||||||
24 | Prescription". A drug to which subsection (c) of this Section | ||||||
25 | does not apply
shall be deemed to be misbranded if at any time | ||||||
26 | prior to dispensing its
label bears the caution statement |
| |||||||
| |||||||
1 | quoted in the preceding sentence.
| ||||||
2 | (g) Nothing in this Section shall be construed to relieve
| ||||||
3 | any person from any requirement prescribed by or under | ||||||
4 | authority of law
with respect to controlled substances now | ||||||
5 | included or which may hereafter
be included within the | ||||||
6 | classifications of controlled substances cannabis as
defined | ||||||
7 | in applicable Federal laws relating to controlled substances or
| ||||||
8 | cannabis or the Cannabis Control Act.
| ||||||
9 | (Source: P.A. 84-1308.)
| ||||||
10 | Section 94. The Illinois Controlled Substances Act is | ||||||
11 | amended by changing Section 102 as follows:
| ||||||
12 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
13 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
14 | context
otherwise requires:
| ||||||
15 | (a) "Addict" means any person who habitually uses any drug, | ||||||
16 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
17 | to endanger the public
morals, health, safety or welfare or who | ||||||
18 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
19 | substance other than alcohol as to have lost
the power of self | ||||||
20 | control with reference to his addiction.
| ||||||
21 | (b) "Administer" means the direct application of a | ||||||
22 | controlled
substance, whether by injection, inhalation, | ||||||
23 | ingestion, or any other
means, to the body of a patient, | ||||||
24 | research subject, or animal (as
defined by the Humane |
| |||||||
| |||||||
1 | Euthanasia in Animal Shelters Act) by:
| ||||||
2 | (1) a practitioner (or, in his presence, by his | ||||||
3 | authorized agent),
| ||||||
4 | (2) the patient or research subject at the lawful | ||||||
5 | direction of the
practitioner, or
| ||||||
6 | (3) a euthanasia technician as defined by the Humane | ||||||
7 | Euthanasia in
Animal Shelters Act.
| ||||||
8 | (c) "Agent" means an authorized person who acts on behalf | ||||||
9 | of or at
the direction of a manufacturer, distributor, or | ||||||
10 | dispenser. It does not
include a common or contract carrier, | ||||||
11 | public warehouseman or employee of
the carrier or warehouseman.
| ||||||
12 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
13 | substance,
chemically and pharmacologically related to | ||||||
14 | testosterone (other than
estrogens, progestins, and | ||||||
15 | corticosteroids) that promotes muscle growth,
and includes:
| ||||||
16 | (i) boldenone,
| ||||||
17 | (ii) chlorotestosterone,
| ||||||
18 | (iii) chostebol,
| ||||||
19 | (iv) dehydrochlormethyltestosterone,
| ||||||
20 | (v) dihydrotestosterone,
| ||||||
21 | (vi) drostanolone,
| ||||||
22 | (vii) ethylestrenol,
| ||||||
23 | (viii) fluoxymesterone,
| ||||||
24 | (ix) formebulone,
| ||||||
25 | (x) mesterolone,
| ||||||
26 | (xi) methandienone,
|
| |||||||
| |||||||
1 | (xii) methandranone,
| ||||||
2 | (xiii) methandriol,
| ||||||
3 | (xiv) methandrostenolone,
| ||||||
4 | (xv) methenolone,
| ||||||
5 | (xvi) methyltestosterone,
| ||||||
6 | (xvii) mibolerone,
| ||||||
7 | (xviii) nandrolone,
| ||||||
8 | (xix) norethandrolone,
| ||||||
9 | (xx) oxandrolone,
| ||||||
10 | (xxi) oxymesterone,
| ||||||
11 | (xxii) oxymetholone,
| ||||||
12 | (xxiii) stanolone,
| ||||||
13 | (xxiv) stanozolol,
| ||||||
14 | (xxv) testolactone,
| ||||||
15 | (xxvi) testosterone,
| ||||||
16 | (xxvii) trenbolone, and
| ||||||
17 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
18 | substance described
or listed in this paragraph, if | ||||||
19 | that salt, ester, or isomer promotes muscle
growth.
| ||||||
20 | Any person who is otherwise lawfully in possession of an | ||||||
21 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
22 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
23 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
24 | expressly intended for and lawfully allowed to be
administered | ||||||
25 | through implants to livestock or other nonhuman species, and
| ||||||
26 | which is approved by the Secretary of Health and Human Services |
| |||||||
| |||||||
1 | for such
administration, and which the person intends to | ||||||
2 | administer or have
administered through such implants, shall | ||||||
3 | not be considered to be in
unauthorized possession or to | ||||||
4 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
5 | possess with intent to deliver such anabolic steroid for
| ||||||
6 | purposes of this Act.
| ||||||
7 | (d) "Administration" means the Drug Enforcement | ||||||
8 | Administration,
United States Department of Justice, or its | ||||||
9 | successor agency.
| ||||||
10 | (e) "Control" means to add a drug or other substance, or | ||||||
11 | immediate
precursor, to a Schedule under Article II of this Act | ||||||
12 | whether by
transfer from another Schedule or otherwise.
| ||||||
13 | (f) "Controlled Substance" means a drug, substance, or | ||||||
14 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
15 | (g) "Counterfeit substance" means a controlled substance, | ||||||
16 | which, or
the container or labeling of which, without | ||||||
17 | authorization bears the
trademark, trade name, or other | ||||||
18 | identifying mark, imprint, number or
device, or any likeness | ||||||
19 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
20 | than the person who in fact manufactured, distributed,
or | ||||||
21 | dispensed the substance.
| ||||||
22 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
23 | or
attempted transfer of possession of a controlled substance, | ||||||
24 | with or
without consideration, whether or not there is an | ||||||
25 | agency relationship.
The term does not include the donation of | ||||||
26 | prescription drugs to the extent permitted under the |
| |||||||
| |||||||
1 | Prescription Drug Repository Program Act.
| ||||||
2 | (i) "Department" means the Illinois Department of Human | ||||||
3 | Services (as
successor to the Department of Alcoholism and | ||||||
4 | Substance Abuse) or its successor agency.
| ||||||
5 | (j) "Department of State Police" means the Department of | ||||||
6 | State
Police of the State of Illinois or its successor agency.
| ||||||
7 | (k) "Department of Corrections" means the Department of | ||||||
8 | Corrections
of the State of Illinois or its successor agency.
| ||||||
9 | (l) "Department of Professional Regulation" means the | ||||||
10 | Department
of Professional Regulation of the State of Illinois | ||||||
11 | or its successor agency.
| ||||||
12 | (m) "Depressant" or "stimulant substance" means:
| ||||||
13 | (1) a drug which contains any quantity of (i) | ||||||
14 | barbituric acid or
any of the salts of barbituric acid | ||||||
15 | which has been designated as habit
forming under section | ||||||
16 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
17 | U.S.C. 352 (d)); or
| ||||||
18 | (2) a drug which contains any quantity of (i) | ||||||
19 | amphetamine or
methamphetamine and any of their optical | ||||||
20 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
21 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
22 | substance which the Department, after
investigation, has | ||||||
23 | found to be, and by rule designated as, habit forming
| ||||||
24 | because of its depressant or stimulant effect on the | ||||||
25 | central nervous
system; or
| ||||||
26 | (3) lysergic acid diethylamide; or
|
| |||||||
| |||||||
1 | (4) any drug which contains any quantity of a substance | ||||||
2 | which the
Department, after investigation, has found to | ||||||
3 | have, and by rule
designated as having, a potential for | ||||||
4 | abuse because of its depressant or
stimulant effect on the | ||||||
5 | central nervous system or its hallucinogenic
effect.
| ||||||
6 | (n) (Blank).
| ||||||
7 | (o) "Director" means the Director of the Department of | ||||||
8 | State Police or
the Department of Professional Regulation or | ||||||
9 | his designated agents.
| ||||||
10 | (p) "Dispense" means to deliver a controlled substance to | ||||||
11 | an
ultimate user or research subject by or pursuant to the | ||||||
12 | lawful order of
a prescriber, including the prescribing, | ||||||
13 | administering, packaging,
labeling, or compounding necessary | ||||||
14 | to prepare the substance for that
delivery.
| ||||||
15 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
16 | (r) "Distribute" means to deliver, other than by | ||||||
17 | administering or
dispensing, a controlled substance.
| ||||||
18 | (s) "Distributor" means a person who distributes.
| ||||||
19 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
20 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
21 | Pharmacopoeia of the
United States, or official National | ||||||
22 | Formulary, or any supplement to any
of them; (2) substances | ||||||
23 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
24 | prevention of disease in man or animals; (3) substances
(other | ||||||
25 | than food) intended to affect the structure of any function of
| ||||||
26 | the body of man or animals and (4) substances intended for use |
| |||||||
| |||||||
1 | as a
component of any article specified in clause (1), (2), or | ||||||
2 | (3) of this
subsection. It does not include devices or their | ||||||
3 | components, parts, or
accessories.
| ||||||
4 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
5 | Department of Professional Regulation for the
purpose of animal | ||||||
6 | euthanasia that holds an animal control facility license or
| ||||||
7 | animal
shelter license under the Animal Welfare Act. A | ||||||
8 | euthanasia agency is
authorized to purchase, store, possess, | ||||||
9 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
10 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
11 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
12 | substances
(nonnarcotic controlled substances) that are used | ||||||
13 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
14 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
15 | controlled
substance by a practitioner in the regular course of | ||||||
16 | professional
treatment to or for any person who is under his | ||||||
17 | treatment for a
pathology or condition other than that | ||||||
18 | individual's physical or
psychological dependence upon or | ||||||
19 | addiction to a controlled substance,
except as provided herein: | ||||||
20 | and application of the term to a pharmacist
shall mean the | ||||||
21 | dispensing of a controlled substance pursuant to the
| ||||||
22 | prescriber's order which in the professional judgment of the | ||||||
23 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
24 | accepted professional
standards including, but not limited to | ||||||
25 | the following, in making the
judgment:
| ||||||
26 | (1) lack of consistency of doctor-patient |
| |||||||
| |||||||
1 | relationship,
| ||||||
2 | (2) frequency of prescriptions for same drug by one | ||||||
3 | prescriber for
large numbers of patients,
| ||||||
4 | (3) quantities beyond those normally prescribed,
| ||||||
5 | (4) unusual dosages,
| ||||||
6 | (5) unusual geographic distances between patient, | ||||||
7 | pharmacist and
prescriber,
| ||||||
8 | (6) consistent prescribing of habit-forming drugs.
| ||||||
9 | (u-1) "Home infusion services" means services provided by a | ||||||
10 | pharmacy in
compounding solutions for direct administration to | ||||||
11 | a patient in a private
residence, long-term care facility, or | ||||||
12 | hospice setting by means of parenteral,
intravenous, | ||||||
13 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
14 | (v) "Immediate precursor" means a substance:
| ||||||
15 | (1) which the Department has found to be and by rule | ||||||
16 | designated as
being a principal compound used, or produced | ||||||
17 | primarily for use, in the
manufacture of a controlled | ||||||
18 | substance;
| ||||||
19 | (2) which is an immediate chemical intermediary used or | ||||||
20 | likely to
be used in the manufacture of such controlled | ||||||
21 | substance; and
| ||||||
22 | (3) the control of which is necessary to prevent, | ||||||
23 | curtail or limit
the manufacture of such controlled | ||||||
24 | substance.
| ||||||
25 | (w) "Instructional activities" means the acts of teaching, | ||||||
26 | educating
or instructing by practitioners using controlled |
| |||||||
| |||||||
1 | substances within
educational facilities approved by the State | ||||||
2 | Board of Education or
its successor agency.
| ||||||
3 | (x) "Local authorities" means a duly organized State, | ||||||
4 | County or
Municipal peace unit or police force.
| ||||||
5 | (y) "Look-alike substance" means a substance, other than a | ||||||
6 | controlled
substance which (1) by overall dosage unit | ||||||
7 | appearance, including shape,
color, size, markings or lack | ||||||
8 | thereof, taste, consistency, or any other
identifying physical | ||||||
9 | characteristic of the substance, would lead a reasonable
person | ||||||
10 | to believe that the substance is a controlled substance, or (2) | ||||||
11 | is
expressly or impliedly represented to be a controlled | ||||||
12 | substance or is
distributed under circumstances which would | ||||||
13 | lead a reasonable person to
believe that the substance is a | ||||||
14 | controlled substance. For the purpose of
determining whether | ||||||
15 | the representations made or the circumstances of the
| ||||||
16 | distribution would lead a reasonable person to believe the | ||||||
17 | substance to be
a controlled substance under this clause (2) of | ||||||
18 | subsection (y), the court or
other authority may consider the | ||||||
19 | following factors in addition to any other
factor that may be | ||||||
20 | relevant:
| ||||||
21 | (a) statements made by the owner or person in control | ||||||
22 | of the substance
concerning its nature, use or effect;
| ||||||
23 | (b) statements made to the buyer or recipient that the | ||||||
24 | substance may
be resold for profit;
| ||||||
25 | (c) whether the substance is packaged in a manner | ||||||
26 | normally used for the
illegal distribution of controlled |
| |||||||
| |||||||
1 | substances;
| ||||||
2 | (d) whether the distribution or attempted distribution | ||||||
3 | included an
exchange of or demand for money or other | ||||||
4 | property as consideration, and
whether the amount of the | ||||||
5 | consideration was substantially greater than the
| ||||||
6 | reasonable retail market value of the substance.
| ||||||
7 | Clause (1) of this subsection (y) shall not apply to a | ||||||
8 | noncontrolled
substance in its finished dosage form that was | ||||||
9 | initially introduced into
commerce prior to the initial | ||||||
10 | introduction into commerce of a controlled
substance in its | ||||||
11 | finished dosage form which it may substantially resemble.
| ||||||
12 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
13 | distributing
of noncontrolled substances by persons authorized | ||||||
14 | to dispense and
distribute controlled substances under this | ||||||
15 | Act, provided that such action
would be deemed to be carried | ||||||
16 | out in good faith under subsection (u) if the
substances | ||||||
17 | involved were controlled substances.
| ||||||
18 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
19 | manufacture,
preparation, propagation, compounding, | ||||||
20 | processing, packaging, advertising
or distribution of a drug or | ||||||
21 | drugs by any person registered pursuant to
Section 510 of the | ||||||
22 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
23 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
24 | located in a state
of the United States, other than Illinois, | ||||||
25 | that delivers, dispenses or
distributes, through the United | ||||||
26 | States Postal Service or other common
carrier, to Illinois |
| |||||||
| |||||||
1 | residents, any substance which requires a prescription.
| ||||||
2 | (z) "Manufacture" means the production, preparation, | ||||||
3 | propagation,
compounding, conversion or processing of a | ||||||
4 | controlled substance other than methamphetamine, either
| ||||||
5 | directly or indirectly, by extraction from substances of | ||||||
6 | natural origin,
or independently by means of chemical | ||||||
7 | synthesis, or by a combination of
extraction and chemical | ||||||
8 | synthesis, and includes any packaging or
repackaging of the | ||||||
9 | substance or labeling of its container, except that
this term | ||||||
10 | does not include:
| ||||||
11 | (1) by an ultimate user, the preparation or compounding | ||||||
12 | of a
controlled substance for his own use; or
| ||||||
13 | (2) by a practitioner, or his authorized agent under | ||||||
14 | his
supervision, the preparation, compounding, packaging, | ||||||
15 | or labeling of a
controlled substance:
| ||||||
16 | (a) as an incident to his administering or | ||||||
17 | dispensing of a
controlled substance in the course of | ||||||
18 | his professional practice; or
| ||||||
19 | (b) as an incident to lawful research, teaching or | ||||||
20 | chemical
analysis and not for sale ; or .
| ||||||
21 | (3) the packaging, repackaging, or labeling of | ||||||
22 | prescription drugs only to the extent required under the | ||||||
23 | Prescription Drug Repository Program Act.
| ||||||
24 | (z-1) (Blank).
| ||||||
25 | (aa) "Narcotic drug" means any of the following, whether | ||||||
26 | produced
directly or indirectly by extraction from substances |
| |||||||
| |||||||
1 | of natural origin,
or independently by means of chemical | ||||||
2 | synthesis, or by a combination of
extraction and chemical | ||||||
3 | synthesis:
| ||||||
4 | (1) opium and opiate, and any salt, compound, | ||||||
5 | derivative, or
preparation of opium or opiate;
| ||||||
6 | (2) any salt, compound, isomer, derivative, or | ||||||
7 | preparation thereof
which is chemically equivalent or | ||||||
8 | identical with any of the substances
referred to in clause | ||||||
9 | (1), but not including the isoquinoline alkaloids
of opium;
| ||||||
10 | (3) opium poppy and poppy straw;
| ||||||
11 | (4) coca leaves and any salts, compound, isomer, salt | ||||||
12 | of an isomer,
derivative, or preparation of coca leaves | ||||||
13 | including cocaine or ecgonine,
and any salt, compound, | ||||||
14 | isomer, derivative, or preparation thereof which is
| ||||||
15 | chemically equivalent or identical with any of these | ||||||
16 | substances, but not
including decocainized coca leaves or | ||||||
17 | extractions of coca leaves which do
not contain cocaine or | ||||||
18 | ecgonine (for the purpose of this paragraph, the
term | ||||||
19 | "isomer" includes optical, positional and geometric | ||||||
20 | isomers).
| ||||||
21 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
22 | Nurse Practice Act.
| ||||||
23 | (cc) (Blank).
| ||||||
24 | (dd) "Opiate" means any substance having an addiction | ||||||
25 | forming or
addiction sustaining liability similar to morphine | ||||||
26 | or being capable of
conversion into a drug having addiction |
| |||||||
| |||||||
1 | forming or addiction sustaining
liability.
| ||||||
2 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
3 | somniferum L., except its seeds.
| ||||||
4 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
5 | Board of
the State of Illinois or its successor agency.
| ||||||
6 | (gg) "Person" means any individual, corporation, | ||||||
7 | mail-order pharmacy,
government or governmental subdivision or | ||||||
8 | agency, business trust, estate,
trust, partnership or | ||||||
9 | association, or any other entity.
| ||||||
10 | (hh) "Pharmacist" means any person who holds a license or | ||||||
11 | certificate of
registration as a registered pharmacist, a local | ||||||
12 | registered pharmacist
or a registered assistant pharmacist | ||||||
13 | under the Pharmacy Practice Act.
| ||||||
14 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
15 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
16 | Practice Act.
| ||||||
17 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
18 | the opium
poppy, after mowing.
| ||||||
19 | (kk) "Practitioner" means a physician licensed to practice | ||||||
20 | medicine in all
its branches, dentist, optometrist, | ||||||
21 | podiatrist,
veterinarian, scientific investigator, pharmacist, | ||||||
22 | physician assistant,
advanced practice nurse,
licensed | ||||||
23 | practical
nurse, registered nurse, hospital, laboratory, or | ||||||
24 | pharmacy, or other
person licensed, registered, or otherwise | ||||||
25 | lawfully permitted by the
United States or this State to | ||||||
26 | distribute, dispense, conduct research
with respect to, |
| |||||||
| |||||||
1 | administer or use in teaching or chemical analysis, a
| ||||||
2 | controlled substance in the course of professional practice or | ||||||
3 | research.
| ||||||
4 | (ll) "Pre-printed prescription" means a written | ||||||
5 | prescription upon which
the designated drug has been indicated | ||||||
6 | prior to the time of issuance.
| ||||||
7 | (mm) "Prescriber" means a physician licensed to practice | ||||||
8 | medicine in all
its branches, dentist, optometrist, podiatrist | ||||||
9 | or
veterinarian who issues a prescription, a physician | ||||||
10 | assistant who
issues a
prescription for a controlled substance
| ||||||
11 | in accordance
with Section 303.05, a written delegation, and a | ||||||
12 | written supervision agreement required under Section 7.5
of the
| ||||||
13 | Physician Assistant Practice Act of 1987, or an advanced | ||||||
14 | practice
nurse with prescriptive authority delegated under | ||||||
15 | Section 65-40 of the Nurse Practice Act and in accordance with | ||||||
16 | Section 303.05, a written delegation,
and a written
| ||||||
17 | collaborative agreement under Section 65-35 of the Nurse | ||||||
18 | Practice Act.
| ||||||
19 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
20 | verbal order
of
a physician licensed to practice medicine in | ||||||
21 | all its branches,
dentist, podiatrist or veterinarian for any | ||||||
22 | controlled
substance, of an optometrist for a Schedule III, IV, | ||||||
23 | or V controlled substance in accordance with Section 15.1 of | ||||||
24 | the Illinois Optometric Practice Act of 1987, of a physician | ||||||
25 | assistant for a
controlled substance
in accordance with Section | ||||||
26 | 303.05, a written delegation, and a written supervision |
| |||||||
| |||||||
1 | agreement required under
Section 7.5 of the
Physician Assistant | ||||||
2 | Practice Act of 1987, or of an advanced practice
nurse with | ||||||
3 | prescriptive authority delegated under Section 65-40 of the | ||||||
4 | Nurse Practice Act who issues a prescription for a
controlled | ||||||
5 | substance in accordance
with
Section 303.05, a written | ||||||
6 | delegation, and a written collaborative agreement under | ||||||
7 | Section 65-35 of the Nurse Practice Act.
| ||||||
8 | (oo) "Production" or "produce" means manufacture, | ||||||
9 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
10 | substance other than methamphetamine.
| ||||||
11 | (pp) "Registrant" means every person who is required to | ||||||
12 | register
under Section 302 of this Act.
| ||||||
13 | (qq) "Registry number" means the number assigned to each | ||||||
14 | person
authorized to handle controlled substances under the | ||||||
15 | laws of the United
States and of this State.
| ||||||
16 | (rr) "State" includes the State of Illinois and any state, | ||||||
17 | district,
commonwealth, territory, insular possession thereof, | ||||||
18 | and any area
subject to the legal authority of the United | ||||||
19 | States of America.
| ||||||
20 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
21 | a
controlled substance for his own use or for the use of a | ||||||
22 | member of his
household or for administering to an animal owned | ||||||
23 | by him or by a member
of his household.
| ||||||
24 | (Source: P.A. 95-242, eff. 1-1-08; 95-639, eff. 10-5-07; | ||||||
25 | 95-689, eff. 10-29-07; 95-876, eff. 8-21-08; 96-189, eff. | ||||||
26 | 8-10-09; 96-268, eff. 8-11-09.)
|
| |||||||
| |||||||
1 | Section 95. The Cannabis and Controlled Substances Tort | ||||||
2 | Claims Act is amended by changing Section 3 as follows:
| ||||||
3 | (740 ILCS 20/3) (from Ch. 70, par. 903)
| ||||||
4 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
5 | context otherwise
requires:
| ||||||
6 | "Cannabis" includes marihuana, hashish, and other | ||||||
7 | substances that
are identified as including any parts of the | ||||||
8 | plant Cannabis Sativa, whether
growing or not, the seeds of | ||||||
9 | that plant, the resin extracted from any part of
that plant, | ||||||
10 | and any compound, manufacture, salt, derivative, mixture, or
| ||||||
11 | preparation of that plant, its seeds, or resin, including
| ||||||
12 | tetrahydrocannabinol (THC) and all other cannabinol | ||||||
13 | derivatives, including
its naturally occurring or | ||||||
14 | synthetically produced ingredients, whether
produced directly | ||||||
15 | or indirectly by extraction, independently by means of
chemical | ||||||
16 | synthesis, or by a combination of extraction and chemical
| ||||||
17 | synthesis. "Cannabis" does not include the mature stalks of | ||||||
18 | that plant, fiber
produced from those stalks, oil or cake made | ||||||
19 | from the seeds of that plant,
any other compound, manufacture, | ||||||
20 | salt, derivative, mixture, or preparation
of mature stalks | ||||||
21 | (except the extracted resin), fiber, oil
or cake, or the | ||||||
22 | sterilized seeds of that plant that are incapable of
| ||||||
23 | germination.
| ||||||
24 | "Controlled substance" means a drug, substance, or |
| |||||||
| |||||||
1 | immediate precursor in
the Schedules of Article II of the | ||||||
2 | Illinois Controlled Substances Act.
| ||||||
3 | "Counterfeit substance" means a controlled substance or | ||||||
4 | the container or
labeling of a controlled substance that, | ||||||
5 | without authorization, bears the
trademark, trade name, or | ||||||
6 | other identifying mark, imprint, number, device,
or any | ||||||
7 | likeness thereof of a manufacturer, distributor, or dispenser | ||||||
8 | other
than the person who in fact manufactured, distributed, or | ||||||
9 | dispensed the
substance.
| ||||||
10 | "Deliver" or "delivery" means the actual, constructive, or | ||||||
11 | attempted
transfer of possession of a controlled substance or | ||||||
12 | cannabis, with or
without consideration, whether or not there | ||||||
13 | is an agency relationship. The term does not include the | ||||||
14 | donation of prescription drugs to the extent permitted under | ||||||
15 | the Prescription Drug Repository Program Act.
| ||||||
16 | "Manufacture" means the production, preparation, | ||||||
17 | propagation,
compounding, conversion, or processing of a | ||||||
18 | controlled substance, either
directly or indirectly, by | ||||||
19 | extraction from substances of natural origin,
independently by | ||||||
20 | means of chemical synthesis, or by a combination of
extraction | ||||||
21 | and chemical synthesis, and includes any packaging or
| ||||||
22 | repackaging of the substance or labeling of its container, | ||||||
23 | except that the
term does not include:
| ||||||
24 | (1) by an ultimate user, the preparation or compounding | ||||||
25 | of a
controlled substance for his own use;
| ||||||
26 | (2) by a practitioner or his authorized agent under his |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | supervision,
the preparation, compounding, packaging, or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | labeling of a controlled substance:
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (A) as an incident to his administering or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | dispensing of a controlled
substance in the course of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | his professional practice; or
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (B) as an incident to lawful research, teaching or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | chemical analysis
and not for sale; or
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (3) the preparation, compounding, packaging, or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | labeling of cannabis
as an incident to lawful research, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | teaching, or chemical analysis and not
for sale ; or .
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (4) the packaging, repackaging, or labeling of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | prescription drugs only to the extent required under the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Prescription Drug Repository Program Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | "Owner" means a person who has possession of or any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | interest
whatsoever in the property involved.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | "Person" means an individual, a corporation, a government,
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | a governmental subdivision or agency, a business trust, an | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | estate, a trust,
a partnership or association, or any other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | entity.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | "Production" means planting, cultivating, tending, or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | harvesting.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | "Property" means real property, including things growing | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | on,
affixed to, and found in land, and tangible or intangible | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | personal
property, including rights, services, privileges, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | interests, claims,
and securities.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | (Source: P.A. 96-328, eff. 8-11-09.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||