95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4745

 

Introduced , by Rep. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/309   from Ch. 56 1/2, par. 1309
720 ILCS 570/312   from Ch. 56 1/2, par. 1312

    Amends the Illinois Controlled Substances Act. Provides that a prescription for a Schedule II controlled substance must be filled by a mail-order pharmacy within 14 (rather than 7) days after issuance. Provides that an emergency prescription for a Schedule II controlled substance that is filled by a mail-order pharmacy must be verified by a written prescription within 14 (rather than 7) days.


LRB095 18419 RLC 44505 b

 

 

A BILL FOR

 

HB4745 LRB095 18419 RLC 44505 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Controlled Substances Act is
5 amended by changing Sections 309 and 312 as follows:
 
6     (720 ILCS 570/309)  (from Ch. 56 1/2, par. 1309)
7     Sec. 309. On or after April 1, 2000, no person shall issue
8 a prescription for a Schedule II controlled substance, which is
9 a narcotic drug listed in Section 206 of this Act; or which
10 contains any quantity of amphetamine or methamphetamine, their
11 salts, optical isomers or salts of optical isomers;
12 phenmetrazine and its salts; gluthethimide; and pentazocine,
13 other than on a written prescription; provided that in the case
14 of an emergency, epidemic or a sudden or unforeseen accident or
15 calamity, the prescriber may issue a lawful oral prescription
16 where failure to issue such a prescription might result in loss
17 of life or intense suffering, but such oral prescription shall
18 include a statement by the prescriber concerning the accident
19 or calamity, or circumstances constituting the emergency, the
20 cause for which an oral prescription was used. Within 7 days,
21 or in case of a mail-order pharmacy within 14 days, after
22 issuing an emergency prescription, the prescriber shall cause a
23 written prescription for the emergency quantity prescribed to

 

 

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1 be delivered to the dispensing pharmacist. The prescription
2 shall have written on its face "Authorization for Emergency
3 Dispensing", and the date of the emergency prescription. The
4 written prescription may be delivered to the pharmacist in
5 person, or by mail, but if delivered by mail it must be
6 postmarked within the 7-day period, or in case of a mail-order
7 pharmacy within the 14-day period. Upon receipt, the dispensing
8 pharmacist shall attach this prescription to the emergency oral
9 prescription earlier received and reduced to writing. The
10 dispensing pharmacist shall notify the Department of Human
11 Services if the prescriber fails to deliver the authorization
12 for emergency dispensing on the prescription to him. Failure of
13 the dispensing pharmacist to do so shall void the authority
14 conferred by this paragraph to dispense without a written
15 prescription of a prescriber. All prescriptions issued for
16 Schedule II controlled substances shall include both a written
17 and numerical notation of quantity on the face of the
18 prescription. No prescription for a Schedule II controlled
19 substance may be refilled. The Department shall provide, at no
20 cost, audit reviews and necessary information to the Department
21 of Professional Regulation in conjunction with ongoing
22 investigations being conducted in whole or part by the
23 Department of Professional Regulation.
24 (Source: P.A. 95-689, eff. 10-29-07.)
 
25     (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)

 

 

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1     Sec. 312. Requirements for dispensing controlled
2 substances.
3     (a) A practitioner, in good faith, may dispense a Schedule
4 II controlled substance, which is a narcotic drug listed in
5 Section 206 of this Act; or which contains any quantity of
6 amphetamine or methamphetamine, their salts, optical isomers
7 or salts of optical isomers; phenmetrazine and its salts; or
8 pentazocine; and Schedule III, IV, or V controlled substances
9 to any person upon a written prescription of any prescriber,
10 dated and signed by the person prescribing on the day when
11 issued and bearing the name and address of the patient for
12 whom, or the owner of the animal for which the controlled
13 substance is dispensed, and the full name, address and registry
14 number under the laws of the United States relating to
15 controlled substances of the prescriber, if he is required by
16 those laws to be registered. If the prescription is for an
17 animal it shall state the species of animal for which it is
18 ordered. The practitioner filling the prescription shall write
19 the date of filling and his own signature on the face of the
20 written prescription. The written prescription shall be
21 retained on file by the practitioner who filled it or pharmacy
22 in which the prescription was filled for a period of 2 years,
23 so as to be readily accessible for inspection or removal by any
24 officer or employee engaged in the enforcement of this Act.
25 Whenever the practitioner's or pharmacy's copy of any
26 prescription is removed by an officer or employee engaged in

 

 

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1 the enforcement of this Act, for the purpose of investigation
2 or as evidence, such officer or employee shall give to the
3 practitioner or pharmacy a receipt in lieu thereof. A
4 prescription for a Schedule II controlled substance shall not
5 be filled more than 7 days, or in the case of a mail-order
6 pharmacy not more than 14 days, after the date of issuance. A
7 written prescription for Schedule III, IV or V controlled
8 substances shall not be filled or refilled more than 6 months
9 after the date thereof or refilled more than 5 times unless
10 renewed, in writing, by the prescriber.
11     (b) In lieu of a written prescription required by this
12 Section, a pharmacist, in good faith, may dispense Schedule
13 III, IV, or V substances to any person either upon receiving a
14 facsimile of a written, signed prescription transmitted by the
15 prescriber or the prescriber's agent or upon a lawful oral
16 prescription of a prescriber which oral prescription shall be
17 reduced promptly to writing by the pharmacist and such written
18 memorandum thereof shall be dated on the day when such oral
19 prescription is received by the pharmacist and shall bear the
20 full name and address of the ultimate user for whom, or of the
21 owner of the animal for which the controlled substance is
22 dispensed, and the full name, address, and registry number
23 under the law of the United States relating to controlled
24 substances of the prescriber prescribing if he is required by
25 those laws to be so registered, and the pharmacist filling such
26 oral prescription shall write the date of filling and his own

 

 

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1 signature on the face of such written memorandum thereof. The
2 facsimile copy of the prescription or written memorandum of the
3 oral prescription shall be retained on file by the proprietor
4 of the pharmacy in which it is filled for a period of not less
5 than two years, so as to be readily accessible for inspection
6 by any officer or employee engaged in the enforcement of this
7 Act in the same manner as a written prescription. The facsimile
8 copy of the prescription or oral prescription and the written
9 memorandum thereof shall not be filled or refilled more than 6
10 months after the date thereof or be refilled more than 5 times,
11 unless renewed, in writing, by the prescriber.
12     (c) Except for any non-prescription targeted
13 methamphetamine precursor regulated by the Methamphetamine
14 Precursor Control Act, a controlled substance included in
15 Schedule V shall not be distributed or dispensed other than for
16 a medical purpose and not for the purpose of evading this Act,
17 and then:
18         (1) only personally by a person registered to dispense
19     a Schedule V controlled substance and then only to his
20     patients, or
21         (2) only personally by a pharmacist, and then only to a
22     person over 21 years of age who has identified himself to
23     the pharmacist by means of 2 positive documents of
24     identification.
25         (3) the dispenser shall record the name and address of
26     the purchaser, the name and quantity of the product, the

 

 

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1     date and time of the sale, and the dispenser's signature.
2         (4) no person shall purchase or be dispensed more than
3     120 milliliters or more than 120 grams of any Schedule V
4     substance which contains codeine, dihydrocodeine, or any
5     salts thereof, or ethylmorphine, or any salts thereof, in
6     any 96 hour period. The purchaser shall sign a form,
7     approved by the Department of Professional Regulation,
8     attesting that he has not purchased any Schedule V
9     controlled substances within the immediately preceding 96
10     hours.
11         (5) a copy of the records of sale, including all
12     information required by paragraph (3), shall be forwarded
13     to the Department of Professional Regulation at its
14     principal office by the 15th day of the following month.
15         (6) all records of purchases and sales shall be
16     maintained for not less than 2 years.
17         (7) no person shall obtain or attempt to obtain within
18     any consecutive 96 hour period any Schedule V substances of
19     more than 120 milliliters or more than 120 grams containing
20     codeine, dihydrocodeine or any of its salts, or
21     ethylmorphine or any of its salts. Any person obtaining any
22     such preparations or combination of preparations in excess
23     of this limitation shall be in unlawful possession of such
24     controlled substance.
25         (8) a person qualified to dispense controlled
26     substances under this Act and registered thereunder shall

 

 

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1     at no time maintain or keep in stock a quantity of Schedule
2     V controlled substances defined and listed in Section 212
3     (b) (1), (2) or (3) in excess of 4.5 liters for each
4     substance; a pharmacy shall at no time maintain or keep in
5     stock a quantity of Schedule V controlled substances as
6     defined in excess of 4.5 liters for each substance, plus
7     the additional quantity of controlled substances necessary
8     to fill the largest number of prescription orders filled by
9     that pharmacy for such controlled substances in any one
10     week in the previous year. These limitations shall not
11     apply to Schedule V controlled substances which Federal law
12     prohibits from being dispensed without a prescription.
13         (9) no person shall distribute or dispense butyl
14     nitrite for inhalation or other introduction into the human
15     body for euphoric or physical effect.
16     (d) Every practitioner shall keep a record of controlled
17 substances received by him and a record of all such controlled
18 substances administered, dispensed or professionally used by
19 him otherwise than by prescription. It shall, however, be
20 sufficient compliance with this paragraph if any practitioner
21 utilizing controlled substances listed in Schedules III, IV and
22 V shall keep a record of all those substances dispensed and
23 distributed by him other than those controlled substances which
24 are administered by the direct application of a controlled
25 substance, whether by injection, inhalation, ingestion, or any
26 other means to the body of a patient or research subject. A

 

 

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1 practitioner who dispenses, other than by administering, a
2 controlled substance in Schedule II, which is a narcotic drug
3 listed in Section 206 of this Act, or which contains any
4 quantity of amphetamine or methamphetamine, their salts,
5 optical isomers or salts of optical isomers, pentazocine, or
6 methaqualone shall do so only upon the issuance of a written
7 prescription blank by a prescriber.
8     (e) Whenever a manufacturer distributes a controlled
9 substance in a package prepared by him, and whenever a
10 wholesale distributor distributes a controlled substance in a
11 package prepared by him or the manufacturer, he shall securely
12 affix to each package in which that substance is contained a
13 label showing in legible English the name and address of the
14 manufacturer, the distributor and the quantity, kind and form
15 of controlled substance contained therein. No person except a
16 pharmacist and only for the purposes of filling a prescription
17 under this Act, shall alter, deface or remove any label so
18 affixed.
19     (f) Whenever a practitioner dispenses any controlled
20 substance except a non-prescription targeted methamphetamine
21 precursor regulated by the Methamphetamine Precursor Control
22 Act, he shall affix to the container in which such substance is
23 sold or dispensed, a label indicating the date of initial
24 filling, the practitioner's name and address, the name of the
25 patient, the name of the prescriber, the directions for use and
26 cautionary statements, if any, contained in any prescription or

 

 

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1 required by law, the proprietary name or names or the
2 established name of the controlled substance, and the dosage
3 and quantity, except as otherwise authorized by regulation by
4 the Department of Professional Regulation. No person shall
5 alter, deface or remove any label so affixed.
6     (g) A person to whom or for whose use any controlled
7 substance has been prescribed or dispensed by a practitioner,
8 or other persons authorized under this Act, and the owner of
9 any animal for which such substance has been prescribed or
10 dispensed by a veterinarian, may lawfully possess such
11 substance only in the container in which it was delivered to
12 him by the person dispensing such substance.
13     (h) The responsibility for the proper prescribing or
14 dispensing of controlled substances is upon the prescriber and
15 the responsibility for the proper filling of a prescription for
16 controlled substance drugs rests with the pharmacist. An order
17 purporting to be a prescription issued to any individual, which
18 is not in the regular course of professional treatment nor part
19 of an authorized methadone maintenance program, nor in
20 legitimate and authorized research instituted by any
21 accredited hospital, educational institution, charitable
22 foundation, or federal, state or local governmental agency, and
23 which is intended to provide that individual with controlled
24 substances sufficient to maintain that individual's or any
25 other individual's physical or psychological addiction,
26 habitual or customary use, dependence, or diversion of that

 

 

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1 controlled substance is not a prescription within the meaning
2 and intent of this Act; and the person issuing it, shall be
3 subject to the penalties provided for violations of the law
4 relating to controlled substances.
5     (i) A prescriber shall not preprint or cause to be
6 preprinted a prescription for any controlled substance; nor
7 shall any practitioner issue, fill or cause to be issued or
8 filled, a preprinted prescription for any controlled
9 substance.
10     (j) No person shall manufacture, dispense, deliver,
11 possess with intent to deliver, prescribe, or administer or
12 cause to be administered under his direction any anabolic
13 steroid, for any use in humans other than the treatment of
14 disease in accordance with the order of a physician licensed to
15 practice medicine in all its branches for a valid medical
16 purpose in the course of professional practice. The use of
17 anabolic steroids for the purpose of hormonal manipulation that
18 is intended to increase muscle mass, strength or weight without
19 a medical necessity to do so, or for the intended purpose of
20 improving physical appearance or performance in any form of
21 exercise, sport, or game, is not a valid medical purpose or in
22 the course of professional practice.
23 (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)