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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 Illinois Controlled Substances Act is | ||||||
5 | amended by changing Section 102 and by adding Section 220 as | ||||||
6 | follows: | ||||||
7 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
8 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
9 | context
otherwise requires:
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10 | (a) "Addict" means any person who habitually uses any drug, | ||||||
11 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
12 | to endanger the public
morals, health, safety or welfare or who | ||||||
13 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
14 | substance other than alcohol as to have lost
the power of self | ||||||
15 | control with reference to his or her addiction.
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16 | (b) "Administer" means the direct application of a | ||||||
17 | controlled
substance, whether by injection, inhalation, | ||||||
18 | ingestion, or any other
means, to the body of a patient, | ||||||
19 | research subject, or animal (as
defined by the Humane | ||||||
20 | Euthanasia in Animal Shelters Act) by:
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21 | (1) a practitioner (or, in his or her presence, by his | ||||||
22 | or her authorized agent),
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23 | (2) the patient or research subject pursuant to an |
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1 | order, or
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2 | (3) a euthanasia technician as defined by the Humane | ||||||
3 | Euthanasia in
Animal Shelters Act.
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4 | (c) "Agent" means an authorized person who acts on behalf | ||||||
5 | of or at
the direction of a manufacturer, distributor, | ||||||
6 | dispenser, prescriber, or practitioner. It does not
include a | ||||||
7 | common or contract carrier, public warehouseman or employee of
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8 | the carrier or warehouseman.
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9 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
10 | substance,
chemically and pharmacologically related to | ||||||
11 | testosterone (other than
estrogens, progestins, | ||||||
12 | corticosteroids, and dehydroepiandrosterone),
and includes:
| ||||||
13 | (i) 3[beta],17-dihydroxy-5a-androstane, | ||||||
14 | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||||||
15 | (iii) 5[alpha]-androstan-3,17-dione, | ||||||
16 | (iv) 1-androstenediol (3[beta], | ||||||
17 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
18 | (v) 1-androstenediol (3[alpha], | ||||||
19 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
20 | (vi) 4-androstenediol | ||||||
21 | (3[beta],17[beta]-dihydroxy-androst-4-ene), | ||||||
22 | (vii) 5-androstenediol | ||||||
23 | (3[beta],17[beta]-dihydroxy-androst-5-ene), | ||||||
24 | (viii) 1-androstenedione | ||||||
25 | ([5alpha]-androst-1-en-3,17-dione), | ||||||
26 | (ix) 4-androstenedione |
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1 | (androst-4-en-3,17-dione), | ||||||
2 | (x) 5-androstenedione | ||||||
3 | (androst-5-en-3,17-dione), | ||||||
4 | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||||||
5 | hydroxyandrost-4-en-3-one), | ||||||
6 | (xii) boldenone (17[beta]-hydroxyandrost- | ||||||
7 | 1,4,-diene-3-one), | ||||||
8 | (xiii) boldione (androsta-1,4- | ||||||
9 | diene-3,17-dione), | ||||||
10 | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||||||
11 | [beta]-hydroxyandrost-4-en-3-one), | ||||||
12 | (xv) clostebol (4-chloro-17[beta]- | ||||||
13 | hydroxyandrost-4-en-3-one), | ||||||
14 | (xvi) dehydrochloromethyltestosterone (4-chloro- | ||||||
15 | 17[beta]-hydroxy-17[alpha]-methyl- | ||||||
16 | androst-1,4-dien-3-one), | ||||||
17 | (xvii) desoxymethyltestosterone | ||||||
18 | (17[alpha]-methyl-5[alpha] | ||||||
19 | -androst-2-en-17[beta]-ol)(a.k.a., madol), | ||||||
20 | (xviii) [delta]1-dihydrotestosterone (a.k.a. | ||||||
21 | '1-testosterone') (17[beta]-hydroxy- | ||||||
22 | 5[alpha]-androst-1-en-3-one), | ||||||
23 | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||||||
24 | androstan-3-one), | ||||||
25 | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||||||
26 | 5[alpha]-androstan-3-one), |
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1 | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | ||||||
2 | hydroxyestr-4-ene), | ||||||
3 | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||||||
4 | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||||||
5 | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||||||
6 | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||||||
7 | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||||||
8 | hydroxyandrostano[2,3-c]-furazan), | ||||||
9 | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, | ||||||
10 | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||||||
11 | androst-4-en-3-one), | ||||||
12 | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||||||
13 | dihydroxy-estr-4-en-3-one), | ||||||
14 | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||||||
15 | hydroxy-5-androstan-3-one), | ||||||
16 | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||||||
17 | [5a]-androstan-3-one), | ||||||
18 | (xxx) methandienone (17[alpha]-methyl-17[beta]- | ||||||
19 | hydroxyandrost-1,4-dien-3-one), | ||||||
20 | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||||||
21 | dihydroxyandrost-5-ene), | ||||||
22 | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||||||
23 | 5[alpha]-androst-1-en-3-one), | ||||||
24 | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||||||
25 | dihydroxy-5a-androstane, | ||||||
26 | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy |
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1 | -5a-androstane, | ||||||
2 | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||||||
3 | dihydroxyandrost-4-ene), | ||||||
4 | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||||||
5 | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||||||
6 | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||||||
7 | hydroxyestra-4,9(10)-dien-3-one), | ||||||
8 | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||||||
9 | hydroxyestra-4,9-11-trien-3-one), | ||||||
10 | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||||||
11 | hydroxyandrost-4-en-3-one), | ||||||
12 | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||||||
13 | hydroxyestr-4-en-3-one), | ||||||
14 | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||||||
15 | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||||||
16 | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||||||
17 | 1-testosterone'), | ||||||
18 | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||||||
19 | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||||||
20 | dihydroxyestr-4-ene), | ||||||
21 | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||||||
22 | dihydroxyestr-4-ene), | ||||||
23 | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||||||
24 | dihydroxyestr-5-ene), | ||||||
25 | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||||||
26 | dihydroxyestr-5-ene), |
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1 | (xlvii) 19-nor-4,9(10)-androstadienedione | ||||||
2 | (estra-4,9(10)-diene-3,17-dione), | ||||||
3 | (xlviii) 19-nor-4-androstenedione (estr-4- | ||||||
4 | en-3,17-dione), | ||||||
5 | (xlix) 19-nor-5-androstenedione (estr-5- | ||||||
6 | en-3,17-dione), | ||||||
7 | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||||||
8 | hydroxygon-4-en-3-one), | ||||||
9 | (li) norclostebol (4-chloro-17[beta]- | ||||||
10 | hydroxyestr-4-en-3-one), | ||||||
11 | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||||||
12 | hydroxyestr-4-en-3-one), | ||||||
13 | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||||||
14 | hydroxyestr-4-en-3-one), | ||||||
15 | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
16 | 2-oxa-5[alpha]-androstan-3-one), | ||||||
17 | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||||||
18 | dihydroxyandrost-4-en-3-one), | ||||||
19 | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||||||
20 | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||||||
21 | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
22 | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||||||
23 | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||||||
24 | (5[alpha]-androst-1-en-3-one), | ||||||
25 | (lix) testolactone (13-hydroxy-3-oxo-13,17- | ||||||
26 | secoandrosta-1,4-dien-17-oic |
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1 | acid lactone), | ||||||
2 | (lx) testosterone (17[beta]-hydroxyandrost- | ||||||
3 | 4-en-3-one), | ||||||
4 | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||||||
5 | diethyl-17[beta]-hydroxygon- | ||||||
6 | 4,9,11-trien-3-one), | ||||||
7 | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||||||
8 | 11-trien-3-one).
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9 | Any person who is otherwise lawfully in possession of an | ||||||
10 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
11 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
12 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
13 | expressly intended for and lawfully allowed to be
administered | ||||||
14 | through implants to livestock or other nonhuman species, and
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15 | which is approved by the Secretary of Health and Human Services | ||||||
16 | for such
administration, and which the person intends to | ||||||
17 | administer or have
administered through such implants, shall | ||||||
18 | not be considered to be in
unauthorized possession or to | ||||||
19 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
20 | possess with intent to deliver such anabolic steroid for
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21 | purposes of this Act.
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22 | (d) "Administration" means the Drug Enforcement | ||||||
23 | Administration,
United States Department of Justice, or its | ||||||
24 | successor agency.
| ||||||
25 | (d-5) "Clinical Director, Prescription Monitoring Program" | ||||||
26 | means a Department of Human Services administrative employee |
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1 | licensed to either prescribe or dispense controlled substances | ||||||
2 | who shall run the clinical aspects of the Department of Human | ||||||
3 | Services Prescription Monitoring Program and its Prescription | ||||||
4 | Information Library. | ||||||
5 | (d-10) "Compounding" means the preparation and mixing of | ||||||
6 | components, excluding flavorings, (1) as the result of a | ||||||
7 | prescriber's prescription drug order or initiative based on the | ||||||
8 | prescriber-patient-pharmacist relationship in the course of | ||||||
9 | professional practice or (2) for the purpose of, or incident | ||||||
10 | to, research, teaching, or chemical analysis and not for sale | ||||||
11 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
12 | or devices in anticipation of receiving prescription drug | ||||||
13 | orders based on routine, regularly observed dispensing | ||||||
14 | patterns. Commercially available products may be compounded | ||||||
15 | for dispensing to individual patients only if both of the | ||||||
16 | following conditions are met: (i) the commercial product is not | ||||||
17 | reasonably available from normal distribution channels in a | ||||||
18 | timely manner to meet the patient's needs and (ii) the | ||||||
19 | prescribing practitioner has requested that the drug be | ||||||
20 | compounded. | ||||||
21 | (e) "Control" means to add a drug or other substance, or | ||||||
22 | immediate
precursor, to a Schedule whether by
transfer from | ||||||
23 | another Schedule or otherwise.
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24 | (f) "Controlled Substance" means (i) a drug, substance, | ||||||
25 | immediate
precursor, or synthetic drug in the Schedules of | ||||||
26 | Article II of this Act or (ii) a drug or other substance, or |
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1 | immediate precursor, designated as a controlled substance by | ||||||
2 | the Department through administrative rule. The term does not | ||||||
3 | include distilled spirits, wine, malt beverages, or tobacco, as | ||||||
4 | those terms are
defined or used in the Liquor Control Act of | ||||||
5 | 1934 and the Tobacco Products Tax
Act of 1995.
| ||||||
6 | (f-5) "Controlled substance analog" means a substance: | ||||||
7 | (1) the chemical structure of which is substantially | ||||||
8 | similar to the chemical structure of a controlled substance | ||||||
9 | in Schedule I or II; | ||||||
10 | (2) which has a stimulant, depressant, or | ||||||
11 | hallucinogenic effect on the central nervous system that is | ||||||
12 | substantially similar to or greater than the stimulant, | ||||||
13 | depressant, or hallucinogenic effect on the central | ||||||
14 | nervous system of a controlled substance in Schedule I or | ||||||
15 | II; or | ||||||
16 | (3) with respect to a particular person, which such | ||||||
17 | person represents or intends to have a stimulant, | ||||||
18 | depressant, or hallucinogenic effect on the central | ||||||
19 | nervous system that is substantially similar to or greater | ||||||
20 | than the stimulant, depressant, or hallucinogenic effect | ||||||
21 | on the central nervous system of a controlled substance in | ||||||
22 | Schedule I or II. | ||||||
23 | (g) "Counterfeit substance" means a controlled substance, | ||||||
24 | which, or
the container or labeling of which, without | ||||||
25 | authorization bears the
trademark, trade name, or other | ||||||
26 | identifying mark, imprint, number or
device, or any likeness |
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1 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
2 | than the person who in fact manufactured, distributed,
or | ||||||
3 | dispensed the substance.
| ||||||
4 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
5 | or
attempted transfer of possession of a controlled substance, | ||||||
6 | with or
without consideration, whether or not there is an | ||||||
7 | agency relationship.
| ||||||
8 | (i) "Department" means the Illinois Department of Human | ||||||
9 | Services (as
successor to the Department of Alcoholism and | ||||||
10 | Substance Abuse) or its successor agency.
| ||||||
11 | (j) (Blank).
| ||||||
12 | (k) "Department of Corrections" means the Department of | ||||||
13 | Corrections
of the State of Illinois or its successor agency.
| ||||||
14 | (l) "Department of Financial and Professional Regulation" | ||||||
15 | means the Department
of Financial and Professional Regulation | ||||||
16 | of the State of Illinois or its successor agency.
| ||||||
17 | (m) "Depressant" means any drug that (i) causes an overall | ||||||
18 | depression of central nervous system functions, (ii) causes | ||||||
19 | impaired consciousness and awareness, and (iii) can be | ||||||
20 | habit-forming or lead to a substance abuse problem, including | ||||||
21 | but not limited to alcohol, cannabis and its active principles | ||||||
22 | and their analogs, benzodiazepines and their analogs, | ||||||
23 | barbiturates and their analogs, opioids (natural and | ||||||
24 | synthetic) and their analogs, and chloral hydrate and similar | ||||||
25 | sedative hypnotics.
| ||||||
26 | (n) (Blank).
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1 | (o) "Director" means the Director of the Illinois State | ||||||
2 | Police or his or her designated agents.
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3 | (p) "Dispense" means to deliver a controlled substance to | ||||||
4 | an
ultimate user or research subject by or pursuant to the | ||||||
5 | lawful order of
a prescriber, including the prescribing, | ||||||
6 | administering, packaging,
labeling, or compounding necessary | ||||||
7 | to prepare the substance for that
delivery.
| ||||||
8 | (q) "Dispenser" means a practitioner who dispenses.
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9 | (r) "Distribute" means to deliver, other than by | ||||||
10 | administering or
dispensing, a controlled substance.
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11 | (s) "Distributor" means a person who distributes.
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12 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
13 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
14 | Pharmacopoeia of the
United States, or official National | ||||||
15 | Formulary, or any supplement to any
of them; (2) substances | ||||||
16 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
17 | prevention of disease in man or animals; (3) substances
(other | ||||||
18 | than food) intended to affect the structure of any function of
| ||||||
19 | the body of man or animals and (4) substances intended for use | ||||||
20 | as a
component of any article specified in clause (1), (2), or | ||||||
21 | (3) of this
subsection. It does not include devices or their | ||||||
22 | components, parts, or
accessories.
| ||||||
23 | (t-3) "Electronic health record" or "EHR" means an | ||||||
24 | electronic record of health-related information on an | ||||||
25 | individual that is created, gathered, managed, and consulted by | ||||||
26 | authorized health care clinicians and staff. |
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| |||||||
1 | (t-3.5) "Electronic health record system" or "EHR system" | ||||||
2 | means any computer-based system or combination of federally | ||||||
3 | certified Health IT Modules (defined at 42 CFR 170.102 or its | ||||||
4 | successor) used as a repository for electronic health records | ||||||
5 | and accessed or updated by a prescriber or authorized surrogate | ||||||
6 | in the ordinary course of his or her medical practice. For | ||||||
7 | purposes of connecting to the Prescription Information Library | ||||||
8 | maintained by the Bureau of Pharmacy and Clinical Support | ||||||
9 | Systems or its successor, an EHR system may connect to the | ||||||
10 | Prescription Information Library directly or through all or | ||||||
11 | part of a computer program or system that is a federally | ||||||
12 | certified Health IT Module maintained by a third party and used | ||||||
13 | by the EHR system to secure access to the database. | ||||||
14 | (t-4) "Emergency medical services personnel" has the | ||||||
15 | meaning ascribed to it in the Emergency Medical Services (EMS) | ||||||
16 | Systems Act. | ||||||
17 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
18 | Department of Financial and Professional Regulation for the
| ||||||
19 | purpose of animal euthanasia that holds an animal control | ||||||
20 | facility license or
animal
shelter license under the Animal | ||||||
21 | Welfare Act. A euthanasia agency is
authorized to purchase, | ||||||
22 | store, possess, and utilize Schedule II nonnarcotic and
| ||||||
23 | Schedule III nonnarcotic drugs for the sole purpose of animal | ||||||
24 | euthanasia.
| ||||||
25 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
26 | substances
(nonnarcotic controlled substances) that are used |
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| |||||||
1 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
2 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
3 | controlled
substance by a practitioner in the regular course of | ||||||
4 | professional
treatment to or for any person who is under his or | ||||||
5 | her treatment for a
pathology or condition other than that | ||||||
6 | individual's physical or
psychological dependence upon or | ||||||
7 | addiction to a controlled substance,
except as provided herein: | ||||||
8 | and application of the term to a pharmacist
shall mean the | ||||||
9 | dispensing of a controlled substance pursuant to the
| ||||||
10 | prescriber's order which in the professional judgment of the | ||||||
11 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
12 | accepted professional
standards including, but not limited to | ||||||
13 | the following, in making the
judgment:
| ||||||
14 | (1) lack of consistency of prescriber-patient | ||||||
15 | relationship,
| ||||||
16 | (2) frequency of prescriptions for same drug by one | ||||||
17 | prescriber for
large numbers of patients,
| ||||||
18 | (3) quantities beyond those normally prescribed,
| ||||||
19 | (4) unusual dosages (recognizing that there may be | ||||||
20 | clinical circumstances where more or less than the usual | ||||||
21 | dose may be used legitimately),
| ||||||
22 | (5) unusual geographic distances between patient, | ||||||
23 | pharmacist and
prescriber,
| ||||||
24 | (6) consistent prescribing of habit-forming drugs.
| ||||||
25 | (u-0.5) "Hallucinogen" means a drug that causes markedly | ||||||
26 | altered sensory perception leading to hallucinations of any |
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| |||||||
1 | type. | ||||||
2 | (u-1) "Home infusion services" means services provided by a | ||||||
3 | pharmacy in
compounding solutions for direct administration to | ||||||
4 | a patient in a private
residence, long-term care facility, or | ||||||
5 | hospice setting by means of parenteral,
intravenous, | ||||||
6 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
7 | (u-5) "Illinois State Police" means the State
Police of the | ||||||
8 | State of Illinois, or its successor agency. | ||||||
9 | (v) "Immediate precursor" means a substance:
| ||||||
10 | (1) which the Department has found to be and by rule | ||||||
11 | designated as
being a principal compound used, or produced | ||||||
12 | primarily for use, in the
manufacture of a controlled | ||||||
13 | substance;
| ||||||
14 | (2) which is an immediate chemical intermediary used or | ||||||
15 | likely to
be used in the manufacture of such controlled | ||||||
16 | substance; and
| ||||||
17 | (3) the control of which is necessary to prevent, | ||||||
18 | curtail or limit
the manufacture of such controlled | ||||||
19 | substance.
| ||||||
20 | (w) "Instructional activities" means the acts of teaching, | ||||||
21 | educating
or instructing by practitioners using controlled | ||||||
22 | substances within
educational facilities approved by the State | ||||||
23 | Board of Education or
its successor agency.
| ||||||
24 | (x) "Local authorities" means a duly organized State, | ||||||
25 | County or
Municipal peace unit or police force.
| ||||||
26 | (y) "Look-alike substance" means a substance, other than a |
| |||||||
| |||||||
1 | controlled
substance which (1) by overall dosage unit | ||||||
2 | appearance, including shape,
color, size, markings or lack | ||||||
3 | thereof, taste, consistency, or any other
identifying physical | ||||||
4 | characteristic of the substance, would lead a reasonable
person | ||||||
5 | to believe that the substance is a controlled substance, or (2) | ||||||
6 | is
expressly or impliedly represented to be a controlled | ||||||
7 | substance or is
distributed under circumstances which would | ||||||
8 | lead a reasonable person to
believe that the substance is a | ||||||
9 | controlled substance. For the purpose of
determining whether | ||||||
10 | the representations made or the circumstances of the
| ||||||
11 | distribution would lead a reasonable person to believe the | ||||||
12 | substance to be
a controlled substance under this clause (2) of | ||||||
13 | subsection (y), the court or
other authority may consider the | ||||||
14 | following factors in addition to any other
factor that may be | ||||||
15 | relevant:
| ||||||
16 | (a) statements made by the owner or person in control | ||||||
17 | of the substance
concerning its nature, use or effect;
| ||||||
18 | (b) statements made to the buyer or recipient that the | ||||||
19 | substance may
be resold for profit;
| ||||||
20 | (c) whether the substance is packaged in a manner | ||||||
21 | normally used for the
illegal distribution of controlled | ||||||
22 | substances;
| ||||||
23 | (d) whether the distribution or attempted distribution | ||||||
24 | included an
exchange of or demand for money or other | ||||||
25 | property as consideration, and
whether the amount of the | ||||||
26 | consideration was substantially greater than the
|
| |||||||
| |||||||
1 | reasonable retail market value of the substance.
| ||||||
2 | Clause (1) of this subsection (y) shall not apply to a | ||||||
3 | noncontrolled
substance in its finished dosage form that was | ||||||
4 | initially introduced into
commerce prior to the initial | ||||||
5 | introduction into commerce of a controlled
substance in its | ||||||
6 | finished dosage form which it may substantially resemble.
| ||||||
7 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
8 | distributing
of noncontrolled substances by persons authorized | ||||||
9 | to dispense and
distribute controlled substances under this | ||||||
10 | Act, provided that such action
would be deemed to be carried | ||||||
11 | out in good faith under subsection (u) if the
substances | ||||||
12 | involved were controlled substances.
| ||||||
13 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
14 | manufacture,
preparation, propagation, compounding, | ||||||
15 | processing, packaging, advertising
or distribution of a drug or | ||||||
16 | drugs by any person registered pursuant to
Section 510 of the | ||||||
17 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
18 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
19 | located in a state
of the United States that delivers, | ||||||
20 | dispenses or
distributes, through the United States Postal | ||||||
21 | Service or other common
carrier, to Illinois residents, any | ||||||
22 | substance which requires a prescription.
| ||||||
23 | (z) "Manufacture" means the production, preparation, | ||||||
24 | propagation,
compounding, conversion or processing of a | ||||||
25 | controlled substance other than methamphetamine, either
| ||||||
26 | directly or indirectly, by extraction from substances of |
| |||||||
| |||||||
1 | natural origin,
or independently by means of chemical | ||||||
2 | synthesis, or by a combination of
extraction and chemical | ||||||
3 | synthesis, and includes any packaging or
repackaging of the | ||||||
4 | substance or labeling of its container, except that
this term | ||||||
5 | does not include:
| ||||||
6 | (1) by an ultimate user, the preparation or compounding | ||||||
7 | of a
controlled substance for his or her own use; or
| ||||||
8 | (2) by a practitioner, or his or her authorized agent | ||||||
9 | under his or her
supervision, the preparation, | ||||||
10 | compounding, packaging, or labeling of a
controlled | ||||||
11 | substance:
| ||||||
12 | (a) as an incident to his or her administering or | ||||||
13 | dispensing of a
controlled substance in the course of | ||||||
14 | his or her professional practice; or
| ||||||
15 | (b) as an incident to lawful research, teaching or | ||||||
16 | chemical
analysis and not for sale.
| ||||||
17 | (z-1) (Blank).
| ||||||
18 | (z-5) "Medication shopping" means the conduct prohibited | ||||||
19 | under subsection (a) of Section 314.5 of this Act. | ||||||
20 | (z-10) "Mid-level practitioner" means (i) a physician | ||||||
21 | assistant who has been delegated authority to prescribe through | ||||||
22 | a written delegation of authority by a physician licensed to | ||||||
23 | practice medicine in all of its branches, in accordance with | ||||||
24 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
25 | (ii) an advanced practice registered nurse who has been | ||||||
26 | delegated authority to prescribe through a written delegation |
| |||||||
| |||||||
1 | of authority by a physician licensed to practice medicine in | ||||||
2 | all of its branches or by a podiatric physician, in accordance | ||||||
3 | with Section 65-40 of the Nurse Practice Act, (iii) an advanced | ||||||
4 | practice registered nurse certified as a nurse practitioner, | ||||||
5 | nurse midwife, or clinical nurse specialist who has been | ||||||
6 | granted authority to prescribe by a hospital affiliate in | ||||||
7 | accordance with Section 65-45 of the Nurse Practice Act, (iv) | ||||||
8 | an animal euthanasia agency, or (v) a prescribing psychologist. | ||||||
9 | (aa) "Narcotic drug" means any of the following, whether | ||||||
10 | produced
directly or indirectly by extraction from substances | ||||||
11 | of vegetable origin,
or independently by means of chemical | ||||||
12 | synthesis, or by a combination of
extraction and chemical | ||||||
13 | synthesis:
| ||||||
14 | (1) opium, opiates, derivatives of opium and opiates, | ||||||
15 | including their isomers, esters, ethers, salts, and salts | ||||||
16 | of isomers, esters, and ethers, whenever the existence of | ||||||
17 | such isomers, esters, ethers, and salts is possible within | ||||||
18 | the specific chemical designation; however the term | ||||||
19 | "narcotic drug" does not include the isoquinoline | ||||||
20 | alkaloids of opium;
| ||||||
21 | (2) (blank);
| ||||||
22 | (3) opium poppy and poppy straw;
| ||||||
23 | (4) coca leaves, except coca leaves and extracts of | ||||||
24 | coca leaves from which substantially all of the cocaine and | ||||||
25 | ecgonine, and their isomers, derivatives and salts, have | ||||||
26 | been removed;
|
| |||||||
| |||||||
1 | (5) cocaine, its salts, optical and geometric isomers, | ||||||
2 | and salts of isomers; | ||||||
3 | (6) ecgonine, its derivatives, their salts, isomers, | ||||||
4 | and salts of isomers; | ||||||
5 | (7) any compound, mixture, or preparation which | ||||||
6 | contains any quantity of any of the substances referred to | ||||||
7 | in subparagraphs (1) through (6). | ||||||
8 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
9 | Nurse Practice Act.
| ||||||
10 | (cc) (Blank).
| ||||||
11 | (dd) "Opiate" means any substance having an addiction | ||||||
12 | forming or
addiction sustaining liability similar to morphine | ||||||
13 | or being capable of
conversion into a drug having addiction | ||||||
14 | forming or addiction sustaining
liability.
| ||||||
15 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
16 | somniferum L., except its seeds.
| ||||||
17 | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||||||
18 | solution or other liquid form of medication intended for | ||||||
19 | administration by mouth, but the term does not include a form | ||||||
20 | of medication intended for buccal, sublingual, or transmucosal | ||||||
21 | administration. | ||||||
22 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
23 | Board of
the State of Illinois or its successor agency.
| ||||||
24 | (gg) "Person" means any individual, corporation, | ||||||
25 | mail-order pharmacy,
government or governmental subdivision or | ||||||
26 | agency, business trust, estate,
trust, partnership or |
| |||||||
| |||||||
1 | association, or any other entity.
| ||||||
2 | (hh) "Pharmacist" means any person who holds a license or | ||||||
3 | certificate of
registration as a registered pharmacist, a local | ||||||
4 | registered pharmacist
or a registered assistant pharmacist | ||||||
5 | under the Pharmacy Practice Act.
| ||||||
6 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
7 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
8 | Practice Act.
| ||||||
9 | (ii-5) "Pharmacy shopping" means the conduct prohibited | ||||||
10 | under subsection (b) of Section 314.5 of this Act. | ||||||
11 | (ii-10) "Physician" (except when the context otherwise | ||||||
12 | requires) means a person licensed to practice medicine in all | ||||||
13 | of its branches. | ||||||
14 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
15 | the opium
poppy, after mowing.
| ||||||
16 | (kk) "Practitioner" means a physician licensed to practice | ||||||
17 | medicine in all
its branches, dentist, optometrist, podiatric | ||||||
18 | physician,
veterinarian, scientific investigator, pharmacist, | ||||||
19 | physician assistant,
advanced practice registered nurse,
| ||||||
20 | licensed practical
nurse, registered nurse, emergency medical | ||||||
21 | services personnel, hospital, laboratory, or pharmacy, or | ||||||
22 | other
person licensed, registered, or otherwise lawfully | ||||||
23 | permitted by the
United States or this State to distribute, | ||||||
24 | dispense, conduct research
with respect to, administer or use | ||||||
25 | in teaching or chemical analysis, a
controlled substance in the | ||||||
26 | course of professional practice or research.
|
| |||||||
| |||||||
1 | (ll) "Pre-printed prescription" means a written | ||||||
2 | prescription upon which
the designated drug has been indicated | ||||||
3 | prior to the time of issuance; the term does not mean a written | ||||||
4 | prescription that is individually generated by machine or | ||||||
5 | computer in the prescriber's office.
| ||||||
6 | (mm) "Prescriber" means a physician licensed to practice | ||||||
7 | medicine in all
its branches, dentist, optometrist, | ||||||
8 | prescribing psychologist licensed under Section 4.2 of the | ||||||
9 | Clinical Psychologist Licensing Act with prescriptive | ||||||
10 | authority delegated under Section 4.3 of the Clinical | ||||||
11 | Psychologist Licensing Act, podiatric physician, or
| ||||||
12 | veterinarian who issues a prescription, a physician assistant | ||||||
13 | who
issues a
prescription for a controlled substance
in | ||||||
14 | accordance
with Section 303.05, a written delegation, and a | ||||||
15 | written collaborative agreement required under Section 7.5
of | ||||||
16 | the
Physician Assistant Practice Act of 1987, an advanced | ||||||
17 | practice registered
nurse with prescriptive authority | ||||||
18 | delegated under Section 65-40 of the Nurse Practice Act and in | ||||||
19 | accordance with Section 303.05, a written delegation,
and a | ||||||
20 | written
collaborative agreement under Section 65-35 of the | ||||||
21 | Nurse Practice Act, an advanced practice registered nurse | ||||||
22 | certified as a nurse practitioner, nurse midwife, or clinical | ||||||
23 | nurse specialist who has been granted authority to prescribe by | ||||||
24 | a hospital affiliate in accordance with Section 65-45 of the | ||||||
25 | Nurse Practice Act and in accordance with Section 303.05, or an | ||||||
26 | advanced practice registered nurse certified as a nurse |
| |||||||
| |||||||
1 | practitioner, nurse midwife, or clinical nurse specialist who | ||||||
2 | has full practice authority pursuant to Section 65-43 of the | ||||||
3 | Nurse Practice Act.
| ||||||
4 | (nn) "Prescription" means a written, facsimile, or oral | ||||||
5 | order, or an electronic order that complies with applicable | ||||||
6 | federal requirements,
of
a physician licensed to practice | ||||||
7 | medicine in all its branches,
dentist, podiatric physician or | ||||||
8 | veterinarian for any controlled
substance, of an optometrist in | ||||||
9 | accordance with Section 15.1 of the Illinois Optometric | ||||||
10 | Practice Act of 1987, of a prescribing psychologist licensed | ||||||
11 | under Section 4.2 of the Clinical Psychologist Licensing Act | ||||||
12 | with prescriptive authority delegated under Section 4.3 of the | ||||||
13 | Clinical Psychologist Licensing Act, of a physician assistant | ||||||
14 | for a
controlled substance
in accordance with Section 303.05, a | ||||||
15 | written delegation, and a written collaborative agreement | ||||||
16 | required under
Section 7.5 of the
Physician Assistant Practice | ||||||
17 | Act of 1987, of an advanced practice registered
nurse with | ||||||
18 | prescriptive authority delegated under Section 65-40 of the | ||||||
19 | Nurse Practice Act who issues a prescription for a
controlled | ||||||
20 | substance in accordance
with
Section 303.05, a written | ||||||
21 | delegation, and a written collaborative agreement under | ||||||
22 | Section 65-35 of the Nurse Practice Act, of an advanced | ||||||
23 | practice registered nurse certified as a nurse practitioner, | ||||||
24 | nurse midwife, or clinical nurse specialist who has been | ||||||
25 | granted authority to prescribe by a hospital affiliate in | ||||||
26 | accordance with Section 65-45 of the Nurse Practice Act and in |
| |||||||
| |||||||
1 | accordance with Section 303.05 when required by law, or of an | ||||||
2 | advanced practice registered nurse certified as a nurse | ||||||
3 | practitioner, nurse midwife, or clinical nurse specialist who | ||||||
4 | has full practice authority pursuant to Section 65-43 of the | ||||||
5 | Nurse Practice Act.
| ||||||
6 | (nn-5) "Prescription Information Library" (PIL) means an | ||||||
7 | electronic library that contains reported controlled substance | ||||||
8 | data. | ||||||
9 | (nn-10) "Prescription Monitoring Program" (PMP) means the | ||||||
10 | entity that collects, tracks, and stores reported data on | ||||||
11 | controlled substances and select drugs pursuant to Section 316. | ||||||
12 | (oo) "Production" or "produce" means manufacture, | ||||||
13 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
14 | substance other than methamphetamine.
| ||||||
15 | (pp) "Registrant" means every person who is required to | ||||||
16 | register
under Section 302 of this Act.
| ||||||
17 | (qq) "Registry number" means the number assigned to each | ||||||
18 | person
authorized to handle controlled substances under the | ||||||
19 | laws of the United
States and of this State.
| ||||||
20 | (qq-5) "Secretary" means, as the context requires, either | ||||||
21 | the Secretary of the Department or the Secretary of the | ||||||
22 | Department of Financial and Professional Regulation, and the | ||||||
23 | Secretary's designated agents. | ||||||
24 | (rr) "State" includes the State of Illinois and any state, | ||||||
25 | district,
commonwealth, territory, insular possession thereof, | ||||||
26 | and any area
subject to the legal authority of the United |
| |||||||
| |||||||
1 | States of America.
| ||||||
2 | (rr-5) "Stimulant" means any drug that (i) causes an | ||||||
3 | overall excitation of central nervous system functions, (ii) | ||||||
4 | causes impaired consciousness and awareness, and (iii) can be | ||||||
5 | habit-forming or lead to a substance abuse problem, including | ||||||
6 | but not limited to amphetamines and their analogs, | ||||||
7 | methylphenidate and its analogs, cocaine, and phencyclidine | ||||||
8 | and its analogs. | ||||||
9 | (rr-10) "Synthetic drug" includes, but is not limited to, | ||||||
10 | any synthetic cannabinoids or piperazines or any synthetic | ||||||
11 | cathinones as provided for in Schedule I. | ||||||
12 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
13 | a
controlled substance for his or her own use or for the use of | ||||||
14 | a member of his or her
household or for administering to an | ||||||
15 | animal owned by him or her or by a member
of his or her | ||||||
16 | household.
| ||||||
17 | (Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15; | ||||||
18 | 99-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; | ||||||
19 | 100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513, eff. | ||||||
20 | 1-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18 .)
| ||||||
21 | (720 ILCS 570/220 new) | ||||||
22 | Sec. 220. Electronic health record systems. The Bureau of | ||||||
23 | Pharmacy and Clinical Support Systems shall establish a form to | ||||||
24 | allow EHR systems to certify the identity of a third party that | ||||||
25 | will provide access to the Prescription Information Library for |
| |||||||
| |||||||
1 | the EHR system using all or part of a computer program or | ||||||
2 | system that is a federally certified Health IT Module for the | ||||||
3 | EHR system. Before the Health IT Module is permitted to connect | ||||||
4 | to the Prescription Information Library, it must enter into a | ||||||
5 | business associate agreement with the EHR system that requires | ||||||
6 | the Health IT Module to agree to adhere to all requirements | ||||||
7 | imposed on the EHR system by the laws of this State, including | ||||||
8 | data privacy and security obligations that the Bureau otherwise | ||||||
9 | imposes on EHR systems.
|