Rep. Marcus C. Evans, Jr.

Filed: 3/14/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3232

2    AMENDMENT NO. ______. Amend House Bill 3232 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Prescription Drug Repository Program Act.
 
6    Section 5. Definitions. In this Act:
7    "Controlled substance" means a drug, substance, or
8immediate precursor in Schedules I through V of 21 CFR 1308.
9    "Department" means the Department of Public Health.
10    "Dispense" has the meaning given to that term in the
11Pharmacy Practice Act.
12    "Donor" means any person, including an individual member of
13the public, or any entity legally authorized to possess
14medicine with a license or permit in the state in which it is
15located, including, but not limited to, the following:
16wholesalers, distributors, third-party logistic providers,

 

 

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1pharmacies, dispensers, clinics, surgical or health centers,
2detention and rehabilitation centers, laboratories, medical or
3pharmacy schools, prescribers or other health care
4professionals, or health care facilities. "Donor" includes
5government agencies and entities that are federally authorized
6to possess medicine, including, but not limited to, drug
7manufacturers, repackagers, relabelers, outsourcing
8facilities, Veterans Affairs hospitals, and prisons.
9    "Pharmacist" means an individual licensed to engage in the
10practice of pharmacy under the Pharmacy Practice Act.
11    "Practitioner" means a person licensed in this State to
12prescribe and administer drugs or licensed in another state and
13recognized by this State as a person authorized to prescribe
14and administer drugs.
15    "Prescription drug" means any prescribed drug that may be
16legally dispensed by a pharmacy.
17    "Program" means the prescription drug repository program
18established under this Act.
19    "Recipient pharmacy" means a pharmacy licensed under the
20Pharmacy Practice Act that receives a donated prescription drug
21or supplies needed to administer a prescription drug under this
22Act.
 
23    Section 10. Prescription drug repository program. The
24Department shall, by rule, establish and maintain a
25prescription drug repository program, under which a donor may

 

 

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1donate a prescription drug or supplies needed to administer a
2prescription drug for use by an individual who meets
3appropriate eligibility criteria. The Department shall adopt
4the rules within one year after the effective date of this Act.
5A recipient pharmacy may charge an individual who receives a
6prescription drug or supplies needed to administer a
7prescription drug under this Act a handling fee that may not
8exceed an appropriate amount. A recipient pharmacy may
9distribute the prescription drug or supplies to another
10eligible recipient pharmacy for use under the program or to
11another state's drug repository program.
 
12    Section 15. Priority. Uninsured and underinsured
13individuals shall be given priority over other eligible persons
14for drugs and supplies donated under this Act.
 
15    Section 20. Requirements for accepting and dispensing
16prescription drugs and supplies. A prescription drug or
17supplies needed to administer a prescription drug may be
18accepted and dispensed under the program only if all of the
19following requirements are met:
20        (1) The prescription drug or supplies needed to
21    administer a prescription drug are in their original,
22    unopened, sealed, and tamper-evident packaging or, if
23    packaged in single-unit doses, the single-unit-dose
24    packaging is unopened. A prescription drug or supplies

 

 

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1    needed to administer a prescription drug originally packed
2    by a pharmacy, whether or not it is a recipient pharmacy,
3    is acceptable for donation.
4        (2) The prescription drug is not expired.
5        (3) The prescription drug or supplies needed to
6    administer a prescription drug are not adulterated or
7    misbranded, as determined by a pharmacist employed by, or
8    under contract with, the pharmacy, whether or not it is a
9    recipient pharmacy, where the drug or supplies needed to
10    administer a prescription drug are accepted or dispensed.
11    The pharmacist must inspect the drug or supplies needed to
12    administer a prescription drug before the drug or supplies
13    needed to administer a prescription drug are dispensed.
14        (4) The prescription drug or supplies needed to
15    administer a prescription drug are prescribed by a
16    practitioner for use by an eligible individual.
17        (5) The prescription drug is not a controlled
18    substance.
19        (6) If the prescription drug can be dispensed only to a
20    patient registered with the drug's manufacturer in
21    accordance with federal Food and Drug Administration
22    requirements, the prescription drug may not be dispensed
23    through the program unless the patient receiving the drug
24    is registered with the manufacturer at the time the drug is
25    dispensed and the amount dispensed does not exceed the
26    duration of the registration period.

 

 

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1        (7) The recipient pharmacy maintains a written or
2    electronic record of a donation made under this Act
3    consisting of the name, strength, and quantity of each
4    accepted drug and the name, address, and telephone number
5    of the donor. No other record of a donation is required.
 
6    Section 25. Resale of donated drugs or supplies prohibited.
7No prescription drug or supplies needed to administer a
8prescription drug that are donated for use under this Act may
9be resold.
 
10    Section 30. Participation in program not required. Nothing
11in this Act requires that a pharmacy or pharmacist participate
12in the prescription drug repository program.
 
13    Section 35. Immunity.
14    (a) A manufacturer of a drug or supply acting reasonably
15and in good faith is not subject to criminal or civil liability
16for injury, death, or loss to a person or property for matters
17related to the donation, acceptance, or dispensing of a
18prescription drug or supply manufactured by the manufacturer
19that is donated by any person under this Act.
20    (b) A person acting reasonably and in good faith, including
21a pharmacist or other health professional, is immune from civil
22liability for injury to or the death of the individual to whom
23the prescription drug or supply is dispensed and may not be

 

 

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1found guilty of unprofessional conduct for his or her acts or
2omissions related to donating, accepting, distributing, or
3dispensing a prescription drug or supply under this Act. The
4immunity granted under this subsection does not apply to acts
5or omissions outside the scope of the program.
 
6    Section 90. The Pharmacy Practice Act is amended by
7changing Section 4 as follows:
 
8    (225 ILCS 85/4)  (from Ch. 111, par. 4124)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 4. Exemptions. Nothing contained in any Section of
11this Act shall apply to, or in any manner interfere with:
12        (a) the lawful practice of any physician licensed to
13    practice medicine in all of its branches, dentist,
14    podiatric physician, veterinarian, or therapeutically or
15    diagnostically certified optometrist within the limits of
16    his or her license, or prevent him or her from supplying to
17    his or her bona fide patients such drugs, medicines, or
18    poisons as may seem to him appropriate;
19        (b) the sale of compressed gases;
20        (c) the sale of patent or proprietary medicines and
21    household remedies when sold in original and unbroken
22    packages only, if such patent or proprietary medicines and
23    household remedies be properly and adequately labeled as to
24    content and usage and generally considered and accepted as

 

 

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1    harmless and nonpoisonous when used according to the
2    directions on the label, and also do not contain opium or
3    coca leaves, or any compound, salt or derivative thereof,
4    or any drug which, according to the latest editions of the
5    following authoritative pharmaceutical treatises and
6    standards, namely, The United States
7    Pharmacopoeia/National Formulary (USP/NF), the United
8    States Dispensatory, and the Accepted Dental Remedies of
9    the Council of Dental Therapeutics of the American Dental
10    Association or any or either of them, in use on the
11    effective date of this Act, or according to the existing
12    provisions of the Federal Food, Drug, and Cosmetic Act and
13    Regulations of the Department of Health and Human Services,
14    Food and Drug Administration, promulgated thereunder now
15    in effect, is designated, described or considered as a
16    narcotic, hypnotic, habit forming, dangerous, or poisonous
17    drug;
18        (d) the sale of poultry and livestock remedies in
19    original and unbroken packages only, labeled for poultry
20    and livestock medication;
21        (e) the sale of poisonous substances or mixture of
22    poisonous substances, in unbroken packages, for
23    nonmedicinal use in the arts or industries or for
24    insecticide purposes; provided, they are properly and
25    adequately labeled as to content and such nonmedicinal
26    usage, in conformity with the provisions of all applicable

 

 

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1    federal, state and local laws and regulations promulgated
2    thereunder now in effect relating thereto and governing the
3    same, and those which are required under such applicable
4    laws and regulations to be labeled with the word "Poison",
5    are also labeled with the word "Poison" printed thereon in
6    prominent type and the name of a readily obtainable
7    antidote with directions for its administration;
8        (f) the delegation of limited prescriptive authority
9    by a physician licensed to practice medicine in all its
10    branches to a physician assistant under Section 7.5 of the
11    Physician Assistant Practice Act of 1987. This delegated
12    authority under Section 7.5 of the Physician Assistant
13    Practice Act of 1987 may, but is not required to, include
14    prescription of controlled substances, as defined in
15    Article II of the Illinois Controlled Substances Act, in
16    accordance with a written supervision agreement;
17        (g) the delegation of prescriptive authority by a
18    physician licensed to practice medicine in all its branches
19    or a licensed podiatric physician to an advanced practice
20    registered nurse in accordance with a written
21    collaborative agreement under Sections 65-35 and 65-40 of
22    the Nurse Practice Act; and
23        (g-5) the donation or acceptance, or the packaging,
24    repackaging, or labeling, of prescription drugs to the
25    extent permitted or required under the Prescription Drug
26    Repository Program Act; and

 

 

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1        (h) the sale or distribution of dialysate or devices
2    necessary to perform home peritoneal renal dialysis for
3    patients with end-stage renal disease, provided that all of
4    the following conditions are met:
5            (1) the dialysate, comprised of dextrose or
6        icodextrin, or devices are approved or cleared by the
7        federal Food and Drug Administration, as required by
8        federal law;
9            (2) the dialysate or devices are lawfully held by a
10        manufacturer or the manufacturer's agent, which is
11        properly registered with the Board as a manufacturer or
12        wholesaler;
13            (3) the dialysate or devices are held and delivered
14        to the manufacturer or the manufacturer's agent in the
15        original, sealed packaging from the manufacturing
16        facility;
17            (4) the dialysate or devices are delivered only
18        upon receipt of a physician's prescription by a
19        licensed pharmacy in which the prescription is
20        processed in accordance with provisions set forth in
21        this Act, and the transmittal of an order from the
22        licensed pharmacy to the manufacturer or the
23        manufacturer's agent; and
24            (5) the manufacturer or the manufacturer's agent
25        delivers the dialysate or devices directly to: (i) a
26        patient with end-stage renal disease, or his or her

 

 

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1        designee, for the patient's self-administration of the
2        dialysis therapy or (ii) a health care provider or
3        institution for administration or delivery of the
4        dialysis therapy to a patient with end-stage renal
5        disease.
6        This paragraph (h) does not include any other drugs for
7    peritoneal dialysis, except dialysate, as described in
8    item (1) of this paragraph (h). All records of sales and
9    distribution of dialysate to patients made pursuant to this
10    paragraph (h) must be retained in accordance with Section
11    18 of this Act.
12(Source: P.A. 100-218, eff. 8-18-17; 100-513, eff. 1-1-18;
13100-863, eff. 8-14-18.)
 
14    Section 95. The Wholesale Drug Distribution Licensing Act
15is amended by changing Section 15 as follows:
 
16    (225 ILCS 120/15)  (from Ch. 111, par. 8301-15)
17    (Section scheduled to be repealed on January 1, 2023)
18    Sec. 15. Definitions. As used in this Act:
19    "Authentication" means the affirmative verification,
20before any wholesale distribution of a prescription drug
21occurs, that each transaction listed on the pedigree has
22occurred.
23    "Authorized distributor of record" means a wholesale
24distributor with whom a manufacturer has established an ongoing

 

 

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1relationship to distribute the manufacturer's prescription
2drug. An ongoing relationship is deemed to exist between a
3wholesale distributor and a manufacturer when the wholesale
4distributor, including any affiliated group of the wholesale
5distributor, as defined in Section 1504 of the Internal Revenue
6Code, complies with the following:
7        (1) The wholesale distributor has a written agreement
8    currently in effect with the manufacturer evidencing the
9    ongoing relationship; and
10        (2) The wholesale distributor is listed on the
11    manufacturer's current list of authorized distributors of
12    record, which is updated by the manufacturer on no less
13    than a monthly basis.
14    "Blood" means whole blood collected from a single donor and
15processed either for transfusion or further manufacturing.
16    "Blood component" means that part of blood separated by
17physical or mechanical means.
18    "Board" means the State Board of Pharmacy of the Department
19of Professional Regulation.
20    "Chain pharmacy warehouse" means a physical location for
21prescription drugs that acts as a central warehouse and
22performs intracompany sales or transfers of the drugs to a
23group of chain or mail order pharmacies that have the same
24common ownership and control. Notwithstanding any other
25provision of this Act, a chain pharmacy warehouse shall be
26considered part of the normal distribution channel.

 

 

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1    "Co-licensed partner or product" means an instance where
2one or more parties have the right to engage in the
3manufacturing or marketing of a prescription drug, consistent
4with the FDA's implementation of the Prescription Drug
5Marketing Act.
6    "Department" means the Department of Financial and
7Professional Regulation.
8    "Drop shipment" means the sale of a prescription drug to a
9wholesale distributor by the manufacturer of the prescription
10drug or that manufacturer's co-licensed product partner, that
11manufacturer's third party logistics provider, or that
12manufacturer's exclusive distributor or by an authorized
13distributor of record that purchased the product directly from
14the manufacturer or one of these entities whereby the wholesale
15distributor or chain pharmacy warehouse takes title but not
16physical possession of such prescription drug and the wholesale
17distributor invoices the pharmacy, chain pharmacy warehouse,
18or other person authorized by law to dispense or administer
19such drug to a patient and the pharmacy, chain pharmacy
20warehouse, or other authorized person receives delivery of the
21prescription drug directly from the manufacturer, that
22manufacturer's third party logistics provider, or that
23manufacturer's exclusive distributor or from an authorized
24distributor of record that purchased the product directly from
25the manufacturer or one of these entities.
26    "Drug sample" means a unit of a prescription drug that is

 

 

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1not intended to be sold and is intended to promote the sale of
2the drug.
3    "Facility" means a facility of a wholesale distributor
4where prescription drugs are stored, handled, repackaged, or
5offered for sale.
6    "FDA" means the United States Food and Drug Administration.
7    "Manufacturer" means a person licensed or approved by the
8FDA to engage in the manufacture of drugs or devices,
9consistent with the definition of "manufacturer" set forth in
10the FDA's regulations and guidances implementing the
11Prescription Drug Marketing Act. "Manufacturer" does not
12include anyone who is engaged in the packaging, repackaging, or
13labeling of prescription drugs only to the extent required
14under the Prescription Drug Repository Program Act.
15    "Manufacturer's exclusive distributor" means anyone who
16contracts with a manufacturer to provide or coordinate
17warehousing, distribution, or other services on behalf of a
18manufacturer and who takes title to that manufacturer's
19prescription drug, but who does not have general responsibility
20to direct the sale or disposition of the manufacturer's
21prescription drug. A manufacturer's exclusive distributor must
22be licensed as a wholesale distributor under this Act and, in
23order to be considered part of the normal distribution channel,
24must also be an authorized distributor of record.
25    "Normal distribution channel" means a chain of custody for
26a prescription drug that goes, directly or by drop shipment,

 

 

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1from (i) a manufacturer of the prescription drug, (ii) that
2manufacturer to that manufacturer's co-licensed partner, (iii)
3that manufacturer to that manufacturer's third party logistics
4provider, or (iv) that manufacturer to that manufacturer's
5exclusive distributor to:
6        (1) a pharmacy or to other designated persons
7    authorized by law to dispense or administer the drug to a
8    patient;
9        (2) a wholesale distributor to a pharmacy or other
10    designated persons authorized by law to dispense or
11    administer the drug to a patient;
12        (3) a wholesale distributor to a chain pharmacy
13    warehouse to that chain pharmacy warehouse's intracompany
14    pharmacy to a patient or other designated persons
15    authorized by law to dispense or administer the drug to a
16    patient;
17        (4) a chain pharmacy warehouse to the chain pharmacy
18    warehouse's intracompany pharmacy or other designated
19    persons authorized by law to dispense or administer the
20    drug to the patient;
21        (5) an authorized distributor of record to one other
22    authorized distributor of record to an office-based health
23    care practitioner authorized by law to dispense or
24    administer the drug to the patient; or
25        (6) an authorized distributor to a pharmacy or other
26    persons licensed to dispense or administer the drug.

 

 

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1    "Pedigree" means a document or electronic file containing
2information that records each wholesale distribution of any
3given prescription drug from the point of origin to the final
4wholesale distribution point of any given prescription drug.
5    "Person" means and includes a natural person, partnership,
6association, corporation, or any other legal business entity.
7    "Pharmacy distributor" means any pharmacy licensed in this
8State or hospital pharmacy that is engaged in the delivery or
9distribution of prescription drugs either to any other pharmacy
10licensed in this State or to any other person or entity
11including, but not limited to, a wholesale drug distributor
12engaged in the delivery or distribution of prescription drugs
13who is involved in the actual, constructive, or attempted
14transfer of a drug in this State to other than the ultimate
15consumer except as otherwise provided for by law.
16    "Prescription drug" means any human drug, including any
17biological product (except for blood and blood components
18intended for transfusion or biological products that are also
19medical devices), required by federal law or regulation to be
20dispensed only by a prescription, including finished dosage
21forms and bulk drug substances subject to Section 503 of the
22Federal Food, Drug and Cosmetic Act.
23    "Repackage" means repackaging or otherwise changing the
24container, wrapper, or labeling to further the distribution of
25a prescription drug, excluding that completed by the pharmacist
26responsible for dispensing the product to a patient.

 

 

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1    "Secretary" means the Secretary of Financial and
2Professional Regulation.
3    "Third party logistics provider" means anyone who
4contracts with a prescription drug manufacturer to provide or
5coordinate warehousing, distribution, or other services on
6behalf of a manufacturer, but does not take title to the
7prescription drug or have general responsibility to direct the
8prescription drug's sale or disposition. A third party
9logistics provider must be licensed as a wholesale distributor
10under this Act and, in order to be considered part of the
11normal distribution channel, must also be an authorized
12distributor of record.
13    "Wholesale distribution" means the distribution of
14prescription drugs to persons other than a consumer or patient,
15but does not include any of the following:
16        (1) Intracompany sales of prescription drugs, meaning
17    (i) any transaction or transfer between any division,
18    subsidiary, parent, or affiliated or related company under
19    the common ownership and control of a corporate entity or
20    (ii) any transaction or transfer between co-licensees of a
21    co-licensed product.
22        (2) The sale, purchase, distribution, trade, or
23    transfer of a prescription drug or offer to sell, purchase,
24    distribute, trade, or transfer a prescription drug for
25    emergency medical reasons.
26        (3) The distribution of prescription drug samples by

 

 

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1    manufacturers' representatives.
2        (4) Drug returns, when conducted by a hospital, health
3    care entity, or charitable institution in accordance with
4    federal regulation.
5        (5) The sale of minimal quantities of prescription
6    drugs by licensed pharmacies to licensed practitioners for
7    office use or other licensed pharmacies.
8        (6) The sale, purchase, or trade of a drug, an offer to
9    sell, purchase, or trade a drug, or the dispensing of a
10    drug pursuant to a prescription.
11        (7) The sale, transfer, merger, or consolidation of all
12    or part of the business of a pharmacy or pharmacies from or
13    with another pharmacy or pharmacies, whether accomplished
14    as a purchase and sale of stock or business assets.
15        (8) The sale, purchase, distribution, trade, or
16    transfer of a prescription drug from one authorized
17    distributor of record to one additional authorized
18    distributor of record when the manufacturer has stated in
19    writing to the receiving authorized distributor of record
20    that the manufacturer is unable to supply the prescription
21    drug and the supplying authorized distributor of record
22    states in writing that the prescription drug being supplied
23    had until that time been exclusively in the normal
24    distribution channel.
25        (9) The delivery of or the offer to deliver a
26    prescription drug by a common carrier solely in the common

 

 

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1    carrier's usual course of business of transporting
2    prescription drugs when the common carrier does not store,
3    warehouse, or take legal ownership of the prescription
4    drug.
5        (10) The sale or transfer from a retail pharmacy, mail
6    order pharmacy, or chain pharmacy warehouse of expired,
7    damaged, returned, or recalled prescription drugs to the
8    original manufacturer, the originating wholesale
9    distributor, or a third party returns processor.
10        (11) The donation of prescription drugs to the extent
11    permitted under the Prescription Drug Repository Program
12    Act.
13    "Wholesale drug distributor" means anyone engaged in the
14wholesale distribution of prescription drugs into, out of, or
15within the State, including without limitation manufacturers;
16repackers; own label distributors; jobbers; private label
17distributors; brokers; warehouses, including manufacturers'
18and distributors' warehouses; manufacturer's exclusive
19distributors; and authorized distributors of record; drug
20wholesalers or distributors; independent wholesale drug
21traders; specialty wholesale distributors; third party
22logistics providers; and retail pharmacies that conduct
23wholesale distribution; and chain pharmacy warehouses that
24conduct wholesale distribution. In order to be considered part
25of the normal distribution channel, a wholesale distributor
26must also be an authorized distributor of record.

 

 

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1(Source: P.A. 97-804, eff. 1-1-13.)
 
2    Section 100. The Senior Pharmaceutical Assistance Act is
3amended by changing Section 10 as follows:
 
4    (320 ILCS 50/10)
5    Sec. 10. Definitions. In this Act:
6    "Manufacturer" includes:
7        (1) An entity that is engaged in (a) the production,
8    preparation, propagation, compounding, conversion, or
9    processing of prescription drug products (i) directly or
10    indirectly by extraction from substances of natural
11    origin, (ii) independently by means of chemical synthesis,
12    or (iii) by combination of extraction and chemical
13    synthesis; or (b) the packaging, repackaging, labeling or
14    re-labeling, or distribution of prescription drug
15    products.
16        (2) The entity holding legal title to or possession of
17    the national drug code number for the covered prescription
18    drug.
19    The term does not include a wholesale distributor of drugs,
20drugstore chain organization, or retail pharmacy licensed by
21the State. The term also does not include anyone who is engaged
22in the packaging, repackaging, or labeling of prescription
23drugs only to the extent required under the Prescription Drug
24Repository Program Act.

 

 

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1    "Prescription drug" means a drug that may be dispensed only
2upon prescription by an authorized prescriber and that is
3approved for safety and effectiveness as a prescription drug
4under Section 505 or 507 of the Federal Food, Drug and Cosmetic
5Act.
6    "Senior citizen" or "senior" means a person 65 years of age
7or older.
8(Source: P.A. 92-594, eff. 6-27-02.)
 
9    Section 105. The Illinois Food, Drug and Cosmetic Act is
10amended by changing Section 16 as follows:
 
11    (410 ILCS 620/16)  (from Ch. 56 1/2, par. 516)
12    Sec. 16. (a) The Director is hereby authorized to
13promulgate regulations exempting from any labeling or
14packaging requirement of this Act drugs and devices which are
15(i) , in accordance with the practice of the trade, to be
16processed, labeled or repacked in substantial quantities at
17establishments other than those where originally processed or
18packaged on condition that such drugs and devices are not
19adulterated or misbranded under the provisions of this Act upon
20removal from such processing, labeling or repacking
21establishment or (ii) packaged, repackaged, or labeled to the
22extent required under the Prescription Drug Repository Program
23Act.
24    (b) Drugs and device labeling or packaging exemptions

 

 

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1adopted under the Federal Act and supplements thereto or
2revisions thereof shall apply to drugs and devices in Illinois
3except insofar as modified or rejected by regulations
4promulgated by the Director.
5    (c) A drug intended for use by man which (A) is a
6habit-forming drug to which Section 15 (d) applies; or (B)
7because of its toxicity or other potentiality for harmful
8effect or the method of its use or the collateral measures
9necessary to its use is not safe for use except under the
10supervision of a practitioner licensed by law to administer
11such drug; or (C) is limited by an approved application under
12Section 505 of the Federal Act or Section 17 of this Act to use
13under the professional supervision of a practitioner licensed
14by law to administer such drug, shall be dispensed only in
15accordance with the provisions of the "Illinois Controlled
16Substances Act". The act of dispensing a drug contrary to the
17provisions of this paragraph shall be deemed to be an act which
18results in a drug being misbranded while held for sale.
19    (d) Any drug dispensed by filling or refilling a written or
20oral prescription of a practitioner licensed by law to
21administer such drug shall be exempt from the requirements of
22Section 15, except subsections (a), (k) and (l) and clauses (2)
23and (3) of subsection (i), and the packaging requirements of
24subsections (g), (h) and (q), if the drug bears a label
25containing the proprietary name or names, or if there is none,
26the established name or names of the drugs, the dosage and

 

 

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1quantity, unless the prescribing practitioner, in the interest
2of the health of the patient, directs otherwise in writing, the
3name and address of the dispenser, the serial number and date
4of the prescription or of its filling, the name of the
5prescriber and, if stated in the prescription, the name of the
6patient, and the directions for use and the cautionary
7statements, if any, contained in such prescription. This
8exemption shall not apply to any drug dispensed in the course
9of the conduct of business of dispensing drugs pursuant to
10diagnosis by mail, or to a drug dispensed in violation of
11subsection (a) of this Section.
12    (e) The Director may by regulation remove drugs subject to
13Section 15 (d) and Section 17 from the requirements of
14subsection (c) of this Section when such requirements are not
15necessary for the protection of the public health.
16    (f) A drug which is subject to subsection (c) of this
17Section shall be deemed to be misbranded if at any time before
18dispensing its label fails to bear the statement "Caution:
19Federal Law Prohibits Dispensing Without Prescription" or
20"Caution: State Law Prohibits Dispensing Without
21Prescription". A drug to which subsection (c) of this Section
22does not apply shall be deemed to be misbranded if at any time
23prior to dispensing its label bears the caution statement
24quoted in the preceding sentence.
25    (g) Nothing in this Section shall be construed to relieve
26any person from any requirement prescribed by or under

 

 

10100HB3232ham001- 23 -LRB101 09345 CPF 57464 a

1authority of law with respect to controlled substances now
2included or which may hereafter be included within the
3classifications of controlled substances cannabis as defined
4in applicable Federal laws relating to controlled substances or
5cannabis or the Cannabis Control Act.
6(Source: P.A. 84-1308.)
 
7    Section 110. The Illinois Controlled Substances Act is
8amended by changing Section 102 as follows:
 
9    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
10    Sec. 102. Definitions. As used in this Act, unless the
11context otherwise requires:
12    (a) "Addict" means any person who habitually uses any drug,
13chemical, substance or dangerous drug other than alcohol so as
14to endanger the public morals, health, safety or welfare or who
15is so far addicted to the use of a dangerous drug or controlled
16substance other than alcohol as to have lost the power of self
17control with reference to his or her addiction.
18    (b) "Administer" means the direct application of a
19controlled substance, whether by injection, inhalation,
20ingestion, or any other means, to the body of a patient,
21research subject, or animal (as defined by the Humane
22Euthanasia in Animal Shelters Act) by:
23        (1) a practitioner (or, in his or her presence, by his
24    or her authorized agent),

 

 

10100HB3232ham001- 24 -LRB101 09345 CPF 57464 a

1        (2) the patient or research subject pursuant to an
2    order, or
3        (3) a euthanasia technician as defined by the Humane
4    Euthanasia in Animal Shelters Act.
5    (c) "Agent" means an authorized person who acts on behalf
6of or at the direction of a manufacturer, distributor,
7dispenser, prescriber, or practitioner. It does not include a
8common or contract carrier, public warehouseman or employee of
9the carrier or warehouseman.
10    (c-1) "Anabolic Steroids" means any drug or hormonal
11substance, chemically and pharmacologically related to
12testosterone (other than estrogens, progestins,
13corticosteroids, and dehydroepiandrosterone), and includes:
14    (i) 3[beta],17-dihydroxy-5a-androstane, 
15    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
16    (iii) 5[alpha]-androstan-3,17-dione, 
17    (iv) 1-androstenediol (3[beta], 
18        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
19    (v) 1-androstenediol (3[alpha], 
20        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
21    (vi) 4-androstenediol  
22        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
23    (vii) 5-androstenediol  
24        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
25    (viii) 1-androstenedione  
26        ([5alpha]-androst-1-en-3,17-dione), 

 

 

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1    (ix) 4-androstenedione  
2        (androst-4-en-3,17-dione), 
3    (x) 5-androstenedione  
4        (androst-5-en-3,17-dione), 
5    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
6        hydroxyandrost-4-en-3-one), 
7    (xii) boldenone (17[beta]-hydroxyandrost- 
8        1,4,-diene-3-one), 
9    (xiii) boldione (androsta-1,4- 
10        diene-3,17-dione), 
11    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
12        [beta]-hydroxyandrost-4-en-3-one), 
13    (xv) clostebol (4-chloro-17[beta]- 
14        hydroxyandrost-4-en-3-one), 
15    (xvi) dehydrochloromethyltestosterone (4-chloro- 
16        17[beta]-hydroxy-17[alpha]-methyl- 
17        androst-1,4-dien-3-one), 
18    (xvii) desoxymethyltestosterone 
19    (17[alpha]-methyl-5[alpha] 
20        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
21    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
22        '1-testosterone') (17[beta]-hydroxy- 
23        5[alpha]-androst-1-en-3-one), 
24    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
25        androstan-3-one), 
26    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 

 

 

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1        5[alpha]-androstan-3-one), 
2    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
3        hydroxyestr-4-ene), 
4    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
5        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
6    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
7        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
8    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
9        hydroxyandrostano[2,3-c]-furazan), 
10    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, 
11    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
12        androst-4-en-3-one), 
13    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
14        dihydroxy-estr-4-en-3-one), 
15    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
16        hydroxy-5-androstan-3-one), 
17    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
18        [5a]-androstan-3-one), 
19    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
20        hydroxyandrost-1,4-dien-3-one), 
21    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
22        dihydroxyandrost-5-ene), 
23    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
24        5[alpha]-androst-1-en-3-one), 
25    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
26        dihydroxy-5a-androstane, 

 

 

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1    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
2        -5a-androstane, 
3    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
4        dihydroxyandrost-4-ene), 
5    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
6        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
7    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
8        hydroxyestra-4,9(10)-dien-3-one), 
9    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
10        hydroxyestra-4,9-11-trien-3-one), 
11    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
12        hydroxyandrost-4-en-3-one), 
13    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
14        hydroxyestr-4-en-3-one), 
15    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
16        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
17        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
18        1-testosterone'), 
19    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
20    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
21        dihydroxyestr-4-ene), 
22    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
23        dihydroxyestr-4-ene), 
24    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
25        dihydroxyestr-5-ene), 
26    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 

 

 

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1        dihydroxyestr-5-ene), 
2    (xlvii) 19-nor-4,9(10)-androstadienedione  
3        (estra-4,9(10)-diene-3,17-dione), 
4    (xlviii) 19-nor-4-androstenedione (estr-4- 
5        en-3,17-dione), 
6    (xlix) 19-nor-5-androstenedione (estr-5- 
7        en-3,17-dione), 
8    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
9        hydroxygon-4-en-3-one), 
10    (li) norclostebol (4-chloro-17[beta]- 
11        hydroxyestr-4-en-3-one), 
12    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
13        hydroxyestr-4-en-3-one), 
14    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
15        hydroxyestr-4-en-3-one), 
16    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
17        2-oxa-5[alpha]-androstan-3-one), 
18    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
19        dihydroxyandrost-4-en-3-one), 
20    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
21        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
22    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
23        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
24    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
25        (5[alpha]-androst-1-en-3-one), 
26    (lix) testolactone (13-hydroxy-3-oxo-13,17- 

 

 

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1        secoandrosta-1,4-dien-17-oic 
2        acid lactone), 
3    (lx) testosterone (17[beta]-hydroxyandrost- 
4        4-en-3-one), 
5    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
6        diethyl-17[beta]-hydroxygon- 
7        4,9,11-trien-3-one), 
8    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
9        11-trien-3-one). 
10    Any person who is otherwise lawfully in possession of an
11anabolic steroid, or who otherwise lawfully manufactures,
12distributes, dispenses, delivers, or possesses with intent to
13deliver an anabolic steroid, which anabolic steroid is
14expressly intended for and lawfully allowed to be administered
15through implants to livestock or other nonhuman species, and
16which is approved by the Secretary of Health and Human Services
17for such administration, and which the person intends to
18administer or have administered through such implants, shall
19not be considered to be in unauthorized possession or to
20unlawfully manufacture, distribute, dispense, deliver, or
21possess with intent to deliver such anabolic steroid for
22purposes of this Act.
23    (d) "Administration" means the Drug Enforcement
24Administration, United States Department of Justice, or its
25successor agency.
26    (d-5) "Clinical Director, Prescription Monitoring Program"

 

 

10100HB3232ham001- 30 -LRB101 09345 CPF 57464 a

1means a Department of Human Services administrative employee
2licensed to either prescribe or dispense controlled substances
3who shall run the clinical aspects of the Department of Human
4Services Prescription Monitoring Program and its Prescription
5Information Library.
6    (d-10) "Compounding" means the preparation and mixing of
7components, excluding flavorings, (1) as the result of a
8prescriber's prescription drug order or initiative based on the
9prescriber-patient-pharmacist relationship in the course of
10professional practice or (2) for the purpose of, or incident
11to, research, teaching, or chemical analysis and not for sale
12or dispensing. "Compounding" includes the preparation of drugs
13or devices in anticipation of receiving prescription drug
14orders based on routine, regularly observed dispensing
15patterns. Commercially available products may be compounded
16for dispensing to individual patients only if both of the
17following conditions are met: (i) the commercial product is not
18reasonably available from normal distribution channels in a
19timely manner to meet the patient's needs and (ii) the
20prescribing practitioner has requested that the drug be
21compounded.
22    (e) "Control" means to add a drug or other substance, or
23immediate precursor, to a Schedule whether by transfer from
24another Schedule or otherwise.
25    (f) "Controlled Substance" means (i) a drug, substance,
26immediate precursor, or synthetic drug in the Schedules of

 

 

10100HB3232ham001- 31 -LRB101 09345 CPF 57464 a

1Article II of this Act or (ii) a drug or other substance, or
2immediate precursor, designated as a controlled substance by
3the Department through administrative rule. The term does not
4include distilled spirits, wine, malt beverages, or tobacco, as
5those terms are defined or used in the Liquor Control Act of
61934 and the Tobacco Products Tax Act of 1995.
7    (f-5) "Controlled substance analog" means a substance:
8        (1) the chemical structure of which is substantially
9    similar to the chemical structure of a controlled substance
10    in Schedule I or II;
11        (2) which has a stimulant, depressant, or
12    hallucinogenic effect on the central nervous system that is
13    substantially similar to or greater than the stimulant,
14    depressant, or hallucinogenic effect on the central
15    nervous system of a controlled substance in Schedule I or
16    II; or
17        (3) with respect to a particular person, which such
18    person represents or intends to have a stimulant,
19    depressant, or hallucinogenic effect on the central
20    nervous system that is substantially similar to or greater
21    than the stimulant, depressant, or hallucinogenic effect
22    on the central nervous system of a controlled substance in
23    Schedule I or II.
24    (g) "Counterfeit substance" means a controlled substance,
25which, or the container or labeling of which, without
26authorization bears the trademark, trade name, or other

 

 

10100HB3232ham001- 32 -LRB101 09345 CPF 57464 a

1identifying mark, imprint, number or device, or any likeness
2thereof, of a manufacturer, distributor, or dispenser other
3than the person who in fact manufactured, distributed, or
4dispensed the substance.
5    (h) "Deliver" or "delivery" means the actual, constructive
6or attempted transfer of possession of a controlled substance,
7with or without consideration, whether or not there is an
8agency relationship. "Deliver" or "delivery" does not include
9the donation of prescription drugs to the extent permitted
10under the Prescription Drug Repository Program Act.
11    (i) "Department" means the Illinois Department of Human
12Services (as successor to the Department of Alcoholism and
13Substance Abuse) or its successor agency.
14    (j) (Blank).
15    (k) "Department of Corrections" means the Department of
16Corrections of the State of Illinois or its successor agency.
17    (l) "Department of Financial and Professional Regulation"
18means the Department of Financial and Professional Regulation
19of the State of Illinois or its successor agency.
20    (m) "Depressant" means any drug that (i) causes an overall
21depression of central nervous system functions, (ii) causes
22impaired consciousness and awareness, and (iii) can be
23habit-forming or lead to a substance abuse problem, including
24but not limited to alcohol, cannabis and its active principles
25and their analogs, benzodiazepines and their analogs,
26barbiturates and their analogs, opioids (natural and

 

 

10100HB3232ham001- 33 -LRB101 09345 CPF 57464 a

1synthetic) and their analogs, and chloral hydrate and similar
2sedative hypnotics.
3    (n) (Blank).
4    (o) "Director" means the Director of the Illinois State
5Police or his or her designated agents.
6    (p) "Dispense" means to deliver a controlled substance to
7an ultimate user or research subject by or pursuant to the
8lawful order of a prescriber, including the prescribing,
9administering, packaging, labeling, or compounding necessary
10to prepare the substance for that delivery.
11    (q) "Dispenser" means a practitioner who dispenses.
12    (r) "Distribute" means to deliver, other than by
13administering or dispensing, a controlled substance.
14    (s) "Distributor" means a person who distributes.
15    (t) "Drug" means (1) substances recognized as drugs in the
16official United States Pharmacopoeia, Official Homeopathic
17Pharmacopoeia of the United States, or official National
18Formulary, or any supplement to any of them; (2) substances
19intended for use in diagnosis, cure, mitigation, treatment, or
20prevention of disease in man or animals; (3) substances (other
21than food) intended to affect the structure of any function of
22the body of man or animals and (4) substances intended for use
23as a component of any article specified in clause (1), (2), or
24(3) of this subsection. It does not include devices or their
25components, parts, or accessories.
26    (t-3) "Electronic health record" or "EHR" means an

 

 

10100HB3232ham001- 34 -LRB101 09345 CPF 57464 a

1electronic record of health-related information on an
2individual that is created, gathered, managed, and consulted by
3authorized health care clinicians and staff.
4    (t-4) "Emergency medical services personnel" has the
5meaning ascribed to it in the Emergency Medical Services (EMS)
6Systems Act.
7    (t-5) "Euthanasia agency" means an entity certified by the
8Department of Financial and Professional Regulation for the
9purpose of animal euthanasia that holds an animal control
10facility license or animal shelter license under the Animal
11Welfare Act. A euthanasia agency is authorized to purchase,
12store, possess, and utilize Schedule II nonnarcotic and
13Schedule III nonnarcotic drugs for the sole purpose of animal
14euthanasia.
15    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
16substances (nonnarcotic controlled substances) that are used
17by a euthanasia agency for the purpose of animal euthanasia.
18    (u) "Good faith" means the prescribing or dispensing of a
19controlled substance by a practitioner in the regular course of
20professional treatment to or for any person who is under his or
21her treatment for a pathology or condition other than that
22individual's physical or psychological dependence upon or
23addiction to a controlled substance, except as provided herein:
24and application of the term to a pharmacist shall mean the
25dispensing of a controlled substance pursuant to the
26prescriber's order which in the professional judgment of the

 

 

10100HB3232ham001- 35 -LRB101 09345 CPF 57464 a

1pharmacist is lawful. The pharmacist shall be guided by
2accepted professional standards including, but not limited to
3the following, in making the judgment:
4        (1) lack of consistency of prescriber-patient
5    relationship,
6        (2) frequency of prescriptions for same drug by one
7    prescriber for large numbers of patients,
8        (3) quantities beyond those normally prescribed,
9        (4) unusual dosages (recognizing that there may be
10    clinical circumstances where more or less than the usual
11    dose may be used legitimately),
12        (5) unusual geographic distances between patient,
13    pharmacist and prescriber,
14        (6) consistent prescribing of habit-forming drugs.
15    (u-0.5) "Hallucinogen" means a drug that causes markedly
16altered sensory perception leading to hallucinations of any
17type.
18    (u-1) "Home infusion services" means services provided by a
19pharmacy in compounding solutions for direct administration to
20a patient in a private residence, long-term care facility, or
21hospice setting by means of parenteral, intravenous,
22intramuscular, subcutaneous, or intraspinal infusion.
23    (u-5) "Illinois State Police" means the State Police of the
24State of Illinois, or its successor agency.
25    (v) "Immediate precursor" means a substance:
26        (1) which the Department has found to be and by rule

 

 

10100HB3232ham001- 36 -LRB101 09345 CPF 57464 a

1    designated as being a principal compound used, or produced
2    primarily for use, in the manufacture of a controlled
3    substance;
4        (2) which is an immediate chemical intermediary used or
5    likely to be used in the manufacture of such controlled
6    substance; and
7        (3) the control of which is necessary to prevent,
8    curtail or limit the manufacture of such controlled
9    substance.
10    (w) "Instructional activities" means the acts of teaching,
11educating or instructing by practitioners using controlled
12substances within educational facilities approved by the State
13Board of Education or its successor agency.
14    (x) "Local authorities" means a duly organized State,
15County or Municipal peace unit or police force.
16    (y) "Look-alike substance" means a substance, other than a
17controlled substance which (1) by overall dosage unit
18appearance, including shape, color, size, markings or lack
19thereof, taste, consistency, or any other identifying physical
20characteristic of the substance, would lead a reasonable person
21to believe that the substance is a controlled substance, or (2)
22is expressly or impliedly represented to be a controlled
23substance or is distributed under circumstances which would
24lead a reasonable person to believe that the substance is a
25controlled substance. For the purpose of determining whether
26the representations made or the circumstances of the

 

 

10100HB3232ham001- 37 -LRB101 09345 CPF 57464 a

1distribution would lead a reasonable person to believe the
2substance to be a controlled substance under this clause (2) of
3subsection (y), the court or other authority may consider the
4following factors in addition to any other factor that may be
5relevant:
6        (a) statements made by the owner or person in control
7    of the substance concerning its nature, use or effect;
8        (b) statements made to the buyer or recipient that the
9    substance may be resold for profit;
10        (c) whether the substance is packaged in a manner
11    normally used for the illegal distribution of controlled
12    substances;
13        (d) whether the distribution or attempted distribution
14    included an exchange of or demand for money or other
15    property as consideration, and whether the amount of the
16    consideration was substantially greater than the
17    reasonable retail market value of the substance.
18    Clause (1) of this subsection (y) shall not apply to a
19noncontrolled substance in its finished dosage form that was
20initially introduced into commerce prior to the initial
21introduction into commerce of a controlled substance in its
22finished dosage form which it may substantially resemble.
23    Nothing in this subsection (y) prohibits the dispensing or
24distributing of noncontrolled substances by persons authorized
25to dispense and distribute controlled substances under this
26Act, provided that such action would be deemed to be carried

 

 

10100HB3232ham001- 38 -LRB101 09345 CPF 57464 a

1out in good faith under subsection (u) if the substances
2involved were controlled substances.
3    Nothing in this subsection (y) or in this Act prohibits the
4manufacture, preparation, propagation, compounding,
5processing, packaging, advertising or distribution of a drug or
6drugs by any person registered pursuant to Section 510 of the
7Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
8    (y-1) "Mail-order pharmacy" means a pharmacy that is
9located in a state of the United States that delivers,
10dispenses or distributes, through the United States Postal
11Service or other common carrier, to Illinois residents, any
12substance which requires a prescription.
13    (z) "Manufacture" means the production, preparation,
14propagation, compounding, conversion or processing of a
15controlled substance other than methamphetamine, either
16directly or indirectly, by extraction from substances of
17natural origin, or independently by means of chemical
18synthesis, or by a combination of extraction and chemical
19synthesis, and includes any packaging or repackaging of the
20substance or labeling of its container, except that this term
21does not include:
22        (1) by an ultimate user, the preparation or compounding
23    of a controlled substance for his or her own use; or
24        (2) by a practitioner, or his or her authorized agent
25    under his or her supervision, the preparation,
26    compounding, packaging, or labeling of a controlled

 

 

10100HB3232ham001- 39 -LRB101 09345 CPF 57464 a

1    substance:
2            (a) as an incident to his or her administering or
3        dispensing of a controlled substance in the course of
4        his or her professional practice; or
5            (b) as an incident to lawful research, teaching or
6        chemical analysis and not for sale; or .
7        (3) the packaging, repackaging, or labeling of
8    prescription drugs only to the extent required under the
9    Prescription Drug Repository Program Act.
10    (z-1) (Blank).
11    (z-5) "Medication shopping" means the conduct prohibited
12under subsection (a) of Section 314.5 of this Act.
13    (z-10) "Mid-level practitioner" means (i) a physician
14assistant who has been delegated authority to prescribe through
15a written delegation of authority by a physician licensed to
16practice medicine in all of its branches, in accordance with
17Section 7.5 of the Physician Assistant Practice Act of 1987,
18(ii) an advanced practice registered nurse who has been
19delegated authority to prescribe through a written delegation
20of authority by a physician licensed to practice medicine in
21all of its branches or by a podiatric physician, in accordance
22with Section 65-40 of the Nurse Practice Act, (iii) an advanced
23practice registered nurse certified as a nurse practitioner,
24nurse midwife, or clinical nurse specialist who has been
25granted authority to prescribe by a hospital affiliate in
26accordance with Section 65-45 of the Nurse Practice Act, (iv)

 

 

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1an animal euthanasia agency, or (v) a prescribing psychologist.
2    (aa) "Narcotic drug" means any of the following, whether
3produced directly or indirectly by extraction from substances
4of vegetable origin, or independently by means of chemical
5synthesis, or by a combination of extraction and chemical
6synthesis:
7        (1) opium, opiates, derivatives of opium and opiates,
8    including their isomers, esters, ethers, salts, and salts
9    of isomers, esters, and ethers, whenever the existence of
10    such isomers, esters, ethers, and salts is possible within
11    the specific chemical designation; however the term
12    "narcotic drug" does not include the isoquinoline
13    alkaloids of opium;
14        (2) (blank);
15        (3) opium poppy and poppy straw;
16        (4) coca leaves, except coca leaves and extracts of
17    coca leaves from which substantially all of the cocaine and
18    ecgonine, and their isomers, derivatives and salts, have
19    been removed;
20        (5) cocaine, its salts, optical and geometric isomers,
21    and salts of isomers;
22        (6) ecgonine, its derivatives, their salts, isomers,
23    and salts of isomers;
24        (7) any compound, mixture, or preparation which
25    contains any quantity of any of the substances referred to
26    in subparagraphs (1) through (6).

 

 

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1    (bb) "Nurse" means a registered nurse licensed under the
2Nurse Practice Act.
3    (cc) (Blank).
4    (dd) "Opiate" means any substance having an addiction
5forming or addiction sustaining liability similar to morphine
6or being capable of conversion into a drug having addiction
7forming or addiction sustaining liability.
8    (ee) "Opium poppy" means the plant of the species Papaver
9somniferum L., except its seeds.
10    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
11solution or other liquid form of medication intended for
12administration by mouth, but the term does not include a form
13of medication intended for buccal, sublingual, or transmucosal
14administration.
15    (ff) "Parole and Pardon Board" means the Parole and Pardon
16Board of the State of Illinois or its successor agency.
17    (gg) "Person" means any individual, corporation,
18mail-order pharmacy, government or governmental subdivision or
19agency, business trust, estate, trust, partnership or
20association, or any other entity.
21    (hh) "Pharmacist" means any person who holds a license or
22certificate of registration as a registered pharmacist, a local
23registered pharmacist or a registered assistant pharmacist
24under the Pharmacy Practice Act.
25    (ii) "Pharmacy" means any store, ship or other place in
26which pharmacy is authorized to be practiced under the Pharmacy

 

 

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1Practice Act.
2    (ii-5) "Pharmacy shopping" means the conduct prohibited
3under subsection (b) of Section 314.5 of this Act.
4    (ii-10) "Physician" (except when the context otherwise
5requires) means a person licensed to practice medicine in all
6of its branches.
7    (jj) "Poppy straw" means all parts, except the seeds, of
8the opium poppy, after mowing.
9    (kk) "Practitioner" means a physician licensed to practice
10medicine in all its branches, dentist, optometrist, podiatric
11physician, veterinarian, scientific investigator, pharmacist,
12physician assistant, advanced practice registered nurse,
13licensed practical nurse, registered nurse, emergency medical
14services personnel, hospital, laboratory, or pharmacy, or
15other person licensed, registered, or otherwise lawfully
16permitted by the United States or this State to distribute,
17dispense, conduct research with respect to, administer or use
18in teaching or chemical analysis, a controlled substance in the
19course of professional practice or research.
20    (ll) "Pre-printed prescription" means a written
21prescription upon which the designated drug has been indicated
22prior to the time of issuance; the term does not mean a written
23prescription that is individually generated by machine or
24computer in the prescriber's office.
25    (mm) "Prescriber" means a physician licensed to practice
26medicine in all its branches, dentist, optometrist,

 

 

10100HB3232ham001- 43 -LRB101 09345 CPF 57464 a

1prescribing psychologist licensed under Section 4.2 of the
2Clinical Psychologist Licensing Act with prescriptive
3authority delegated under Section 4.3 of the Clinical
4Psychologist Licensing Act, podiatric physician, or
5veterinarian who issues a prescription, a physician assistant
6who issues a prescription for a controlled substance in
7accordance with Section 303.05, a written delegation, and a
8written collaborative agreement required under Section 7.5 of
9the Physician Assistant Practice Act of 1987, an advanced
10practice registered nurse with prescriptive authority
11delegated under Section 65-40 of the Nurse Practice Act and in
12accordance with Section 303.05, a written delegation, and a
13written collaborative agreement under Section 65-35 of the
14Nurse Practice Act, an advanced practice registered nurse
15certified as a nurse practitioner, nurse midwife, or clinical
16nurse specialist who has been granted authority to prescribe by
17a hospital affiliate in accordance with Section 65-45 of the
18Nurse Practice Act and in accordance with Section 303.05, or an
19advanced practice registered nurse certified as a nurse
20practitioner, nurse midwife, or clinical nurse specialist who
21has full practice authority pursuant to Section 65-43 of the
22Nurse Practice Act.
23    (nn) "Prescription" means a written, facsimile, or oral
24order, or an electronic order that complies with applicable
25federal requirements, of a physician licensed to practice
26medicine in all its branches, dentist, podiatric physician or

 

 

10100HB3232ham001- 44 -LRB101 09345 CPF 57464 a

1veterinarian for any controlled substance, of an optometrist in
2accordance with Section 15.1 of the Illinois Optometric
3Practice Act of 1987, of a prescribing psychologist licensed
4under Section 4.2 of the Clinical Psychologist Licensing Act
5with prescriptive authority delegated under Section 4.3 of the
6Clinical Psychologist Licensing Act, of a physician assistant
7for a controlled substance in accordance with Section 303.05, a
8written delegation, and a written collaborative agreement
9required under Section 7.5 of the Physician Assistant Practice
10Act of 1987, of an advanced practice registered nurse with
11prescriptive authority delegated under Section 65-40 of the
12Nurse Practice Act who issues a prescription for a controlled
13substance in accordance with Section 303.05, a written
14delegation, and a written collaborative agreement under
15Section 65-35 of the Nurse Practice Act, of an advanced
16practice registered nurse certified as a nurse practitioner,
17nurse midwife, or clinical nurse specialist who has been
18granted authority to prescribe by a hospital affiliate in
19accordance with Section 65-45 of the Nurse Practice Act and in
20accordance with Section 303.05 when required by law, or of an
21advanced practice registered nurse certified as a nurse
22practitioner, nurse midwife, or clinical nurse specialist who
23has full practice authority pursuant to Section 65-43 of the
24Nurse Practice Act.
25    (nn-5) "Prescription Information Library" (PIL) means an
26electronic library that contains reported controlled substance

 

 

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1data.
2    (nn-10) "Prescription Monitoring Program" (PMP) means the
3entity that collects, tracks, and stores reported data on
4controlled substances and select drugs pursuant to Section 316.
5    (oo) "Production" or "produce" means manufacture,
6planting, cultivating, growing, or harvesting of a controlled
7substance other than methamphetamine.
8    (pp) "Registrant" means every person who is required to
9register under Section 302 of this Act.
10    (qq) "Registry number" means the number assigned to each
11person authorized to handle controlled substances under the
12laws of the United States and of this State.
13    (qq-5) "Secretary" means, as the context requires, either
14the Secretary of the Department or the Secretary of the
15Department of Financial and Professional Regulation, and the
16Secretary's designated agents.
17    (rr) "State" includes the State of Illinois and any state,
18district, commonwealth, territory, insular possession thereof,
19and any area subject to the legal authority of the United
20States of America.
21    (rr-5) "Stimulant" means any drug that (i) causes an
22overall excitation of central nervous system functions, (ii)
23causes impaired consciousness and awareness, and (iii) can be
24habit-forming or lead to a substance abuse problem, including
25but not limited to amphetamines and their analogs,
26methylphenidate and its analogs, cocaine, and phencyclidine

 

 

10100HB3232ham001- 46 -LRB101 09345 CPF 57464 a

1and its analogs.
2    (rr-10) "Synthetic drug" includes, but is not limited to,
3any synthetic cannabinoids or piperazines or any synthetic
4cathinones as provided for in Schedule I.
5    (ss) "Ultimate user" means a person who lawfully possesses
6a controlled substance for his or her own use or for the use of
7a member of his or her household or for administering to an
8animal owned by him or her or by a member of his or her
9household.
10(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15;
1199-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16;
12100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513, eff.
131-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18.)
 
14    Section 115. The Cannabis and Controlled Substances Tort
15Claims Act is amended by changing Section 3 as follows:
 
16    (740 ILCS 20/3)  (from Ch. 70, par. 903)
17    Sec. 3. Definitions. As used in this Act, unless the
18context otherwise requires:
19    "Cannabis" includes marihuana, hashish, and other
20substances that are identified as including any parts of the
21plant Cannabis Sativa, whether growing or not, the seeds of
22that plant, the resin extracted from any part of that plant,
23and any compound, manufacture, salt, derivative, mixture, or
24preparation of that plant, its seeds, or resin, including

 

 

10100HB3232ham001- 47 -LRB101 09345 CPF 57464 a

1tetrahydrocannabinol (THC) and all other cannabinol
2derivatives, including its naturally occurring or
3synthetically produced ingredients, whether produced directly
4or indirectly by extraction, independently by means of chemical
5synthesis, or by a combination of extraction and chemical
6synthesis. "Cannabis" does not include the mature stalks of
7that plant, fiber produced from those stalks, oil or cake made
8from the seeds of that plant, any other compound, manufacture,
9salt, derivative, mixture, or preparation of mature stalks
10(except the extracted resin), fiber, oil or cake, or the
11sterilized seeds of that plant that are incapable of
12germination.
13    "Controlled substance" means a drug, substance, or
14immediate precursor in the Schedules of Article II of the
15Illinois Controlled Substances Act.
16    "Counterfeit substance" means a controlled substance or
17the container or labeling of a controlled substance that,
18without authorization, bears the trademark, trade name, or
19other identifying mark, imprint, number, device, or any
20likeness thereof of a manufacturer, distributor, or dispenser
21other than the person who in fact manufactured, distributed, or
22dispensed the substance.
23    "Deliver" or "delivery" means the actual, constructive, or
24attempted transfer of possession of a controlled substance or
25cannabis, with or without consideration, whether or not there
26is an agency relationship. "Deliver" or "delivery" does not

 

 

10100HB3232ham001- 48 -LRB101 09345 CPF 57464 a

1include the donation of prescription drugs to the extent
2permitted under the Prescription Drug Repository Program Act.
3    "Manufacture" means the production, preparation,
4propagation, compounding, conversion, or processing of a
5controlled substance, either directly or indirectly, by
6extraction from substances of natural origin, independently by
7means of chemical synthesis, or by a combination of extraction
8and chemical synthesis, and includes any packaging or
9repackaging of the substance or labeling of its container,
10except that the term does not include:
11        (1) by an ultimate user, the preparation or compounding
12    of a controlled substance for his own use;
13        (2) by a practitioner or his authorized agent under his
14    supervision, the preparation, compounding, packaging, or
15    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 preparation, compounding, packaging, or
22    labeling of cannabis as an incident to lawful research,
23    teaching, or chemical analysis and not for sale; or .
24        (4) the packaging, repackaging, or labeling of
25    prescription drugs only to the extent required under the
26    Prescription Drug Repository Program Act.

 

 

10100HB3232ham001- 49 -LRB101 09345 CPF 57464 a

1    "Owner" means a person who has possession of or any
2interest whatsoever in the property involved.
3    "Person" means an individual, a corporation, a government,
4a governmental subdivision or agency, a business trust, an
5estate, a trust, a partnership or association, or any other
6entity.
7    "Production" means planting, cultivating, tending, or
8harvesting.
9    "Property" means real property, including things growing
10on, affixed to, and found in land, and tangible or intangible
11personal property, including rights, services, privileges,
12interests, claims, and securities.
13(Source: P.A. 96-328, eff. 8-11-09.)".