102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3356

 

Introduced 2/22/2021, by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/312  from Ch. 56 1/2, par. 1312

    Amends the Illinois Controlled Substances Act. Provides that an initial prescription for an opioid may only be issued for a 7-day supply. Defines "opioid".


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A BILL FOR

 

HB3356LRB102 16963 RLC 22381 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 312 as follows:
 
6    (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)
7    Sec. 312. Requirements for dispensing controlled
8substances.
9    (a) A practitioner, in good faith, may dispense a Schedule
10II controlled substance, which is a narcotic drug listed in
11Section 206 of this Act; or which contains any quantity of
12amphetamine or methamphetamine, their salts, optical isomers
13or salts of optical isomers; phenmetrazine and its salts; or
14pentazocine; and Schedule III, IV, or V controlled substances
15to any person upon a written or electronic prescription of any
16prescriber, dated and signed by the person prescribing (or
17electronically validated in compliance with Section 311.5) on
18the day when issued and bearing the name and address of the
19patient for whom, or the owner of the animal for which the
20controlled substance is dispensed, and the full name, address
21and registry number under the laws of the United States
22relating to controlled substances of the prescriber, if he or
23she is required by those laws to be registered. If the

 

 

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1prescription is for an animal it shall state the species of
2animal for which it is ordered. The practitioner filling the
3prescription shall, unless otherwise permitted, write the date
4of filling and his or her own signature on the face of the
5written prescription or, alternatively, shall indicate such
6filling using a unique identifier as defined in paragraph (v)
7of Section 3 of the Pharmacy Practice Act. The written
8prescription shall be retained on file by the practitioner who
9filled it or pharmacy in which the prescription was filled for
10a period of 2 years, so as to be readily accessible for
11inspection or removal by any officer or employee engaged in
12the enforcement of this Act. Whenever the practitioner's or
13pharmacy's copy of any prescription is removed by an officer
14or employee engaged in the enforcement of this Act, for the
15purpose of investigation or as evidence, such officer or
16employee shall give to the practitioner or pharmacy a receipt
17in lieu thereof. If the specific prescription is machine or
18computer generated and printed at the prescriber's office, the
19date does not need to be handwritten. A prescription for a
20Schedule II controlled substance shall not be issued for more
21than a 30 day supply, except as provided in subsection
22(a-5)and (a-6), and shall be valid for up to 90 days after the
23date of issuance, except for opioids that may only be
24dispensed for the length of time provided in subsection (a-6).
25A written prescription for Schedule III, IV or V controlled
26substances shall not be filled or refilled more than 6 months

 

 

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1after the date thereof or refilled more than 5 times unless
2renewed, in writing, by the prescriber. A pharmacy shall
3maintain a policy regarding the type of identification
4necessary, if any, to receive a prescription in accordance
5with State and federal law. The pharmacy must post such
6information where prescriptions are filled.
7    (a-5) Physicians may issue multiple prescriptions (3
8sequential 30-day supplies) for the same Schedule II
9controlled substance, authorizing up to a 90-day supply.
10Before authorizing a 90-day supply of a Schedule II controlled
11substance, the physician must meet the following conditions:
12        (1) Each separate prescription must be issued for a
13    legitimate medical purpose by an individual physician
14    acting in the usual course of professional practice.
15        (2) The individual physician must provide written
16    instructions on each prescription (other than the first
17    prescription, if the prescribing physician intends for the
18    prescription to be filled immediately) indicating the
19    earliest date on which a pharmacy may fill that
20    prescription.
21        (3) The physician shall document in the medical record
22    of a patient the medical necessity for the amount and
23    duration of the 3 sequential 30-day prescriptions for
24    Schedule II narcotics.
25    (a-6) An initial prescription for an opioid may only be
26issued for a 7-day supply. In this subsection, "opioid" means

 

 

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1a narcotic drug or substance that is a Schedule II controlled
2substance under paragraph (1), (2), (3), or (5) of subsection
3(b) or under subsection (c) of Section 206 of this Act.
4    (b) In lieu of a written prescription required by this
5Section, a pharmacist, in good faith, may dispense Schedule
6III, IV, or V substances to any person either upon receiving a
7facsimile of a written, signed prescription transmitted by the
8prescriber or the prescriber's agent or upon a lawful oral
9prescription of a prescriber which oral prescription shall be
10reduced promptly to writing by the pharmacist and such written
11memorandum thereof shall be dated on the day when such oral
12prescription is received by the pharmacist and shall bear the
13full name and address of the ultimate user for whom, or of the
14owner of the animal for which the controlled substance is
15dispensed, and the full name, address, and registry number
16under the law of the United States relating to controlled
17substances of the prescriber prescribing if he or she is
18required by those laws to be so registered, and the pharmacist
19filling such oral prescription shall write the date of filling
20and his or her own signature on the face of such written
21memorandum thereof. The facsimile copy of the prescription or
22written memorandum of the oral prescription shall be retained
23on file by the proprietor of the pharmacy in which it is filled
24for a period of not less than two years, so as to be readily
25accessible for inspection by any officer or employee engaged
26in the enforcement of this Act in the same manner as a written

 

 

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1prescription. The facsimile copy of the prescription or oral
2prescription and the written memorandum thereof shall not be
3filled or refilled more than 6 months after the date thereof or
4be refilled more than 5 times, unless renewed, in writing, by
5the prescriber.
6    (c) Except for any non-prescription targeted
7methamphetamine precursor regulated by the Methamphetamine
8Precursor Control Act, a controlled substance included in
9Schedule V shall not be distributed or dispensed other than
10for a medical purpose and not for the purpose of evading this
11Act, and then:
12        (1) only personally by a person registered to dispense
13    a Schedule V controlled substance and then only to his or
14    her patients, or
15        (2) only personally by a pharmacist, and then only to
16    a person over 21 years of age who has identified himself or
17    herself to the pharmacist by means of 2 positive documents
18    of identification.
19        (3) the dispenser shall record the name and address of
20    the purchaser, the name and quantity of the product, the
21    date and time of the sale, and the dispenser's signature.
22        (4) no person shall purchase or be dispensed more than
23    120 milliliters or more than 120 grams of any Schedule V
24    substance which contains codeine, dihydrocodeine, or any
25    salts thereof, or ethylmorphine, or any salts thereof, in
26    any 96 hour period. The purchaser shall sign a form,

 

 

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1    approved by the Department of Financial and Professional
2    Regulation, attesting that he or she has not purchased any
3    Schedule V controlled substances within the immediately
4    preceding 96 hours.
5        (5) (Blank).
6        (6) all records of purchases and sales shall be
7    maintained for not less than 2 years.
8        (7) no person shall obtain or attempt to obtain within
9    any consecutive 96 hour period any Schedule V substances
10    of more than 120 milliliters or more than 120 grams
11    containing codeine, dihydrocodeine or any of its salts, or
12    ethylmorphine or any of its salts. Any person obtaining
13    any such preparations or combination of preparations in
14    excess of this limitation shall be in unlawful possession
15    of such controlled substance.
16        (8) a person qualified to dispense controlled
17    substances under this Act and registered thereunder shall
18    at no time maintain or keep in stock a quantity of Schedule
19    V controlled substances in excess of 4.5 liters for each
20    substance; a pharmacy shall at no time maintain or keep in
21    stock a quantity of Schedule V controlled substances as
22    defined in excess of 4.5 liters for each substance, plus
23    the additional quantity of controlled substances necessary
24    to fill the largest number of prescription orders filled
25    by that pharmacy for such controlled substances in any one
26    week in the previous year. These limitations shall not

 

 

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1    apply to Schedule V controlled substances which Federal
2    law prohibits from being dispensed without a prescription.
3        (9) no person shall distribute or dispense butyl
4    nitrite for inhalation or other introduction into the
5    human body for euphoric or physical effect.
6    (d) Every practitioner shall keep a record or log of
7controlled substances received by him or her and a record of
8all such controlled substances administered, dispensed or
9professionally used by him or her otherwise than by
10prescription. It shall, however, be sufficient compliance with
11this paragraph if any practitioner utilizing controlled
12substances listed in Schedules III, IV and V shall keep a
13record of all those substances dispensed and distributed by
14him or her other than those controlled substances which are
15administered by the direct application of a controlled
16substance, whether by injection, inhalation, ingestion, or any
17other means to the body of a patient or research subject. A
18practitioner who dispenses, other than by administering, a
19controlled substance in Schedule II, which is a narcotic drug
20listed in Section 206 of this Act, or which contains any
21quantity of amphetamine or methamphetamine, their salts,
22optical isomers or salts of optical isomers, pentazocine, or
23methaqualone shall do so only upon the issuance of a written
24prescription blank or electronic prescription issued by a
25prescriber.
26    (e) Whenever a manufacturer distributes a controlled

 

 

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1substance in a package prepared by him or her, and whenever a
2wholesale distributor distributes a controlled substance in a
3package prepared by him or her or the manufacturer, he or she
4shall securely affix to each package in which that substance
5is contained a label showing in legible English the name and
6address of the manufacturer, the distributor and the quantity,
7kind and form of controlled substance contained therein. No
8person except a pharmacist and only for the purposes of
9filling a prescription under this Act, shall alter, deface or
10remove any label so affixed.
11    (f) Whenever a practitioner dispenses any controlled
12substance except a non-prescription Schedule V product or a
13non-prescription targeted methamphetamine precursor regulated
14by the Methamphetamine Precursor Control Act, he or she shall
15affix to the container in which such substance is sold or
16dispensed, a label indicating the date of initial filling, the
17practitioner's name and address, the name of the patient, the
18name of the prescriber, the directions for use and cautionary
19statements, if any, contained in any prescription or required
20by law, the proprietary name or names or the established name
21of the controlled substance, and the dosage and quantity,
22except as otherwise authorized by regulation by the Department
23of Financial and Professional Regulation. No person shall
24alter, deface or remove any label so affixed as long as the
25specific medication remains in the container.
26    (g) A person to whom or for whose use any controlled

 

 

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1substance has been prescribed or dispensed by a practitioner,
2or other persons authorized under this Act, and the owner of
3any animal for which such substance has been prescribed or
4dispensed by a veterinarian, may lawfully possess such
5substance only in the container in which it was delivered to
6him or her by the person dispensing such substance.
7    (h) The responsibility for the proper prescribing or
8dispensing of controlled substances that are under the
9prescriber's direct control is upon the prescriber. The
10responsibility for the proper filling of a prescription for
11controlled substance drugs rests with the pharmacist. An order
12purporting to be a prescription issued to any individual,
13which is not in the regular course of professional treatment
14nor part of an authorized methadone maintenance program, nor
15in legitimate and authorized research instituted by any
16accredited hospital, educational institution, charitable
17foundation, or federal, state or local governmental agency,
18and which is intended to provide that individual with
19controlled substances sufficient to maintain that individual's
20or any other individual's physical or psychological addiction,
21habitual or customary use, dependence, or diversion of that
22controlled substance is not a prescription within the meaning
23and intent of this Act; and the person issuing it, shall be
24subject to the penalties provided for violations of the law
25relating to controlled substances.
26    (i) A prescriber shall not pre-print or cause to be

 

 

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1pre-printed a prescription for any controlled substance; nor
2shall any practitioner issue, fill or cause to be issued or
3filled, a pre-printed prescription for any controlled
4substance.
5    (i-5) A prescriber may use a machine or electronic device
6to individually generate a printed prescription, but the
7prescriber is still required to affix his or her manual
8signature.
9    (j) No person shall manufacture, dispense, deliver,
10possess with intent to deliver, prescribe, or administer or
11cause to be administered under his or her direction any
12anabolic steroid, for any use in humans other than the
13treatment of disease in accordance with the order of a
14physician licensed to practice medicine in all its branches
15for a valid medical purpose in the course of professional
16practice. The use of anabolic steroids for the purpose of
17hormonal manipulation that is intended to increase muscle
18mass, strength or weight without a medical necessity to do so,
19or for the intended purpose of improving physical appearance
20or performance in any form of exercise, sport, or game, is not
21a valid medical purpose or in the course of professional
22practice.
23    (k) Controlled substances may be mailed if all of the
24following conditions are met:
25        (1) The controlled substances are not outwardly
26    dangerous and are not likely, of their own force, to cause

 

 

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1    injury to a person's life or health.
2        (2) The inner container of a parcel containing
3    controlled substances must be marked and sealed as
4    required under this Act and its rules, and be placed in a
5    plain outer container or securely wrapped in plain paper.
6        (3) If the controlled substances consist of
7    prescription medicines, the inner container must be
8    labeled to show the name and address of the pharmacy or
9    practitioner dispensing the prescription.
10        (4) The outside wrapper or container must be free of
11    markings that would indicate the nature of the contents.
12    (l) Notwithstanding any other provision of this Act to the
13contrary, emergency medical services personnel may administer
14Schedule II, III, IV, or V controlled substances to a person in
15the scope of their employment without a written, electronic,
16or oral prescription of a prescriber.
17(Source: P.A. 99-78, eff. 7-20-15; 99-480, eff. 9-9-15;
18100-280, eff. 1-1-18.)