SB0194 EnrolledLRB102 04364 SPS 14382 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Pharmacy Practice Act is amended by
5changing Section 4 as follows:
 
6    (225 ILCS 85/4)  (from Ch. 111, par. 4124)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 4. Exemptions. Nothing contained in any Section of
9this Act shall apply to, or in any manner interfere with:
10        (a) the lawful practice of any physician licensed to
11    practice medicine in all of its branches, dentist,
12    podiatric physician, veterinarian, or therapeutically or
13    diagnostically certified optometrist within the limits of
14    his or her license, or prevent him or her from supplying to
15    his or her bona fide patients such drugs, medicines, or
16    poisons as may seem to him appropriate;
17        (b) the sale of compressed gases;
18        (c) the sale of patent or proprietary medicines and
19    household remedies when sold in original and unbroken
20    packages only, if such patent or proprietary medicines and
21    household remedies be properly and adequately labeled as
22    to content and usage and generally considered and accepted
23    as harmless and nonpoisonous when used according to the

 

 

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

 

 

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1    thereunder now in effect relating thereto and governing
2    the same, and those which are required under such
3    applicable laws and regulations to be labeled with the
4    word "Poison", are also labeled with the word "Poison"
5    printed thereon in prominent type and the name of a
6    readily obtainable antidote with directions for its
7    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
19    branches or a licensed podiatric physician to an advanced
20    practice 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        (h) the sale or distribution of dialysate or devices
24    necessary to perform home peritoneal renal dialysis for
25    patients with end-stage renal disease, provided that all
26    of the following conditions are met:

 

 

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1            (1) the dialysate, comprised of dextrose or
2        icodextrin, or devices are approved or cleared by the
3        federal Food and Drug Administration, as required by
4        federal law;
5            (2) the dialysate or devices are lawfully held by
6        a manufacturer or the manufacturer's agent, which is
7        properly registered with the Board as a manufacturer,
8        third-party logistics provider, or wholesaler;
9            (3) the dialysate or devices are held and
10        delivered to the manufacturer or the manufacturer's
11        agent in the original, sealed packaging from the
12        manufacturing facility;
13            (4) the dialysate or devices are delivered only
14        upon receipt of a physician's prescription by a
15        licensed pharmacy in which the prescription is
16        processed in accordance with provisions set forth in
17        this Act, and the transmittal of an order from the
18        licensed pharmacy to the manufacturer or the
19        manufacturer's agent; and
20            (5) the manufacturer or the manufacturer's agent
21        delivers the dialysate or devices directly to: (i) a
22        patient with end-stage renal disease, or his or her
23        designee, for the patient's self-administration of the
24        dialysis therapy or (ii) a health care provider or
25        institution for administration or delivery of the
26        dialysis therapy to a patient with end-stage renal

 

 

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1        disease.
2        This paragraph (h) does not include any other drugs
3    for peritoneal dialysis, except dialysate, as described in
4    item (1) of this paragraph (h). All records of sales and
5    distribution of dialysate to patients made pursuant to
6    this paragraph (h) must be retained in accordance with
7    Section 18 of this Act. A student pharmacist or licensed
8    pharmacy technician engaged in remote prescription
9    processing under Section 25.10 of this Act at a licensed
10    pharmacy described in item (4) of this paragraph (h) shall
11    be permitted to access an employer pharmacy's database
12    from his or her home or other remote location while under
13    the supervision of a pharmacist for the purpose of
14    performing certain prescription processing functions,
15    provided that the pharmacy establishes controls to protect
16    the privacy and security of confidential records.
17(Source: P.A. 100-218, eff. 8-18-17; 100-513, eff. 1-1-18;
18100-863, eff. 8-14-18; 101-420, eff. 8-16-19.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.