Illinois General Assembly - Full Text of SB2535
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Full Text of SB2535  102nd General Assembly

SB2535enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2535 EnrolledLRB102 17336 RLC 22826 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 Pharmacy Practice Act is amended by
5changing Section 19.1 as follows:
 
6    (225 ILCS 85/19.1)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 19.1. Dispensing opioid antagonists.
9    (a) Due to the recent rise in opioid-related deaths in
10Illinois and the existence of an opioid antagonist that can
11reverse the deadly effects of overdose, the General Assembly
12finds that in order to avoid further loss where possible, it is
13responsible to allow greater access of such an antagonist to
14those populations at risk of overdose.
15    (b) Notwithstanding any general or special law to the
16contrary, a licensed pharmacist shall may dispense an opioid
17antagonist in accordance with written, standardized procedures
18or protocols developed by the Department with the Department
19of Public Health and the Department of Human Services and if
20the procedures or protocols are filed at the pharmacy before
21implementation and are available to the Department upon
22request.
23    (c) Before dispensing an opioid a pharmacist shall inform

 

 

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1patients that opioids are addictive and offer to dispense an
2opioid antagonist pursuant to this Section, a pharmacist shall
3complete a training program approved by the Department of
4Human Services pursuant to Section 5-23 of the Substance Use
5Disorder Act. The training program shall include, but not be
6limited to, proper documentation and quality assurance.
7    (d) For the purpose of this Section, "opioid antagonist"
8means a drug that binds to opioid receptors and blocks or
9inhibits the effect of opioids acting on those receptors,
10including, but not limited to, naloxone hydrochloride or any
11other similarly acting and equally safe drug approved by the
12U.S. Food and Drug Administration for the treatment of drug
13overdose.
14(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16;
15100-759, eff. 1-1-193.)
 
16    Section 10. The Illinois Controlled Substances Act is
17amended by changing Section 312 as follows:
 
18    (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)
19    Sec. 312. Requirements for dispensing controlled
20substances.
21    (a) A practitioner, in good faith, may dispense a Schedule
22II controlled substance, which is a narcotic drug listed in
23Section 206 of this Act; or which contains any quantity of
24amphetamine or methamphetamine, their salts, optical isomers

 

 

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1or salts of optical isomers; phenmetrazine and its salts; or
2pentazocine; and Schedule III, IV, or V controlled substances
3to any person upon a written or electronic prescription of any
4prescriber, dated and signed by the person prescribing (or
5electronically validated in compliance with Section 311.5) on
6the day when issued and bearing the name and address of the
7patient for whom, or the owner of the animal for which the
8controlled substance is dispensed, and the full name, address
9and registry number under the laws of the United States
10relating to controlled substances of the prescriber, if he or
11she is required by those laws to be registered. If the
12prescription is for an animal it shall state the species of
13animal for which it is ordered. The practitioner filling the
14prescription shall, unless otherwise permitted, write the date
15of filling and his or her own signature on the face of the
16written prescription or, alternatively, shall indicate such
17filling using a unique identifier as defined in paragraph (v)
18of Section 3 of the Pharmacy Practice Act. The written
19prescription shall be retained on file by the practitioner who
20filled it or pharmacy in which the prescription was filled for
21a period of 2 years, so as to be readily accessible for
22inspection or removal by any officer or employee engaged in
23the enforcement of this Act. Whenever the practitioner's or
24pharmacy's copy of any prescription is removed by an officer
25or employee engaged in the enforcement of this Act, for the
26purpose of investigation or as evidence, such officer or

 

 

SB2535 Enrolled- 4 -LRB102 17336 RLC 22826 b

1employee shall give to the practitioner or pharmacy a receipt
2in lieu thereof. If the specific prescription is machine or
3computer generated and printed at the prescriber's office, the
4date does not need to be handwritten. A prescription for a
5Schedule II controlled substance shall not be issued for more
6than a 30 day supply, except as provided in subsection (a-5),
7and shall be valid for up to 90 days after the date of
8issuance. A written prescription for Schedule III, IV or V
9controlled substances shall not be filled or refilled more
10than 6 months after the date thereof or refilled more than 5
11times unless renewed, in writing, by the prescriber. A
12pharmacy shall maintain a policy regarding the type of
13identification necessary, if any, to receive a prescription in
14accordance with State and federal law. The pharmacy must post
15such information where prescriptions are filled.
16    (a-5) Physicians may issue multiple prescriptions (3
17sequential 30-day supplies) for the same Schedule II
18controlled substance, authorizing up to a 90-day supply.
19Before authorizing a 90-day supply of a Schedule II controlled
20substance, the physician must meet the following conditions:
21        (1) Each separate prescription must be issued for a
22    legitimate medical purpose by an individual physician
23    acting in the usual course of professional practice.
24        (2) The individual physician must provide written
25    instructions on each prescription (other than the first
26    prescription, if the prescribing physician intends for the

 

 

SB2535 Enrolled- 5 -LRB102 17336 RLC 22826 b

1    prescription to be filled immediately) indicating the
2    earliest date on which a pharmacy may fill that
3    prescription.
4        (3) The physician shall document in the medical record
5    of a patient the medical necessity for the amount and
6    duration of the 3 sequential 30-day prescriptions for
7    Schedule II narcotics.
8    (a-10) Prescribers who issue a prescription for an opioid
9shall inform the patient that opioids are addictive and that
10opioid antagonists are available by prescription or from a
11pharmacy.
12    (b) In lieu of a written prescription required by this
13Section, a pharmacist, in good faith, may dispense Schedule
14III, IV, or V substances to any person either upon receiving a
15facsimile of a written, signed prescription transmitted by the
16prescriber or the prescriber's agent or upon a lawful oral
17prescription of a prescriber which oral prescription shall be
18reduced promptly to writing by the pharmacist and such written
19memorandum thereof shall be dated on the day when such oral
20prescription is received by the pharmacist and shall bear the
21full name and address of the ultimate user for whom, or of the
22owner of the animal for which the controlled substance is
23dispensed, and the full name, address, and registry number
24under the law of the United States relating to controlled
25substances of the prescriber prescribing if he or she is
26required by those laws to be so registered, and the pharmacist

 

 

SB2535 Enrolled- 6 -LRB102 17336 RLC 22826 b

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

 

 

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

 

 

SB2535 Enrolled- 8 -LRB102 17336 RLC 22826 b

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

 

 

SB2535 Enrolled- 9 -LRB102 17336 RLC 22826 b

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

 

 

SB2535 Enrolled- 10 -LRB102 17336 RLC 22826 b

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

 

 

SB2535 Enrolled- 11 -LRB102 17336 RLC 22826 b

1controlled substances sufficient to maintain that individual's
2or any other individual's physical or psychological addiction,
3habitual or customary use, dependence, or diversion of that
4controlled substance is not a prescription within the meaning
5and intent of this Act; and the person issuing it, shall be
6subject to the penalties provided for violations of the law
7relating to controlled substances.
8    (i) A prescriber shall not pre-print or cause to be
9pre-printed a prescription for any controlled substance; nor
10shall any practitioner issue, fill or cause to be issued or
11filled, a pre-printed prescription for any controlled
12substance.
13    (i-5) A prescriber may use a machine or electronic device
14to individually generate a printed prescription, but the
15prescriber is still required to affix his or her manual
16signature.
17    (j) No person shall manufacture, dispense, deliver,
18possess with intent to deliver, prescribe, or administer or
19cause to be administered under his or her direction any
20anabolic steroid, for any use in humans other than the
21treatment of disease in accordance with the order of a
22physician licensed to practice medicine in all its branches
23for a valid medical purpose in the course of professional
24practice. The use of anabolic steroids for the purpose of
25hormonal manipulation that is intended to increase muscle
26mass, strength or weight without a medical necessity to do so,

 

 

SB2535 Enrolled- 12 -LRB102 17336 RLC 22826 b

1or for the intended purpose of improving physical appearance
2or performance in any form of exercise, sport, or game, is not
3a valid medical purpose or in the course of professional
4practice.
5    (k) Controlled substances may be mailed if all of the
6following conditions are met:
7        (1) The controlled substances are not outwardly
8    dangerous and are not likely, of their own force, to cause
9    injury to a person's life or health.
10        (2) The inner container of a parcel containing
11    controlled substances must be marked and sealed as
12    required under this Act and its rules, and be placed in a
13    plain outer container or securely wrapped in plain paper.
14        (3) If the controlled substances consist of
15    prescription medicines, the inner container must be
16    labeled to show the name and address of the pharmacy or
17    practitioner dispensing the prescription.
18        (4) The outside wrapper or container must be free of
19    markings that would indicate the nature of the contents.
20    (l) Notwithstanding any other provision of this Act to the
21contrary, emergency medical services personnel may administer
22Schedule II, III, IV, or V controlled substances to a person in
23the scope of their employment without a written, electronic,
24or oral prescription of a prescriber.
25(Source: P.A. 99-78, eff. 7-20-15; 99-480, eff. 9-9-15;
26100-280, eff. 1-1-18.)
 

 

 

SB2535 Enrolled- 13 -LRB102 17336 RLC 22826 b

1    Section 99. Effective date. This Act takes effect January
21, 2023.