Full Text of HB4745 95th General Assembly
HB4745eng 95TH GENERAL ASSEMBLY
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HB4745 Engrossed |
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LRB095 18419 RLC 44505 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Controlled Substances Act is | 5 |
| amended by changing Section 312 as follows:
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| (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
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| Sec. 312. Requirements for dispensing controlled | 8 |
| substances.
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| (a) A practitioner, in good faith, may dispense a Schedule
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| II controlled substance, which is a narcotic drug listed in | 11 |
| Section 206
of this Act; or which contains any quantity of | 12 |
| amphetamine or
methamphetamine, their salts, optical isomers | 13 |
| or salts of optical
isomers; phenmetrazine and its salts; or | 14 |
| pentazocine; and Schedule III, IV, or V controlled substances
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| to any person upon
a written prescription of any prescriber, | 16 |
| dated and signed
by the
person prescribing on the day when | 17 |
| issued and bearing the name and
address of the patient for | 18 |
| whom, or the owner of the animal for which
the controlled | 19 |
| substance is dispensed, and the full name, address and
registry | 20 |
| number under the laws of the United States relating to
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| controlled substances of the prescriber, if he is
required by
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| those laws to be registered. If the prescription is for an | 23 |
| animal it
shall state the species of animal for which it is |
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| ordered. The
practitioner filling the prescription shall write | 2 |
| the date of filling
and his own signature on the face of the | 3 |
| written prescription.
The written prescription shall be
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| retained on file by the practitioner who filled it or pharmacy | 5 |
| in which
the prescription was filled for a period of 2 years, | 6 |
| so as to be readily
accessible for inspection or removal by any | 7 |
| officer or employee engaged
in the enforcement of this Act. | 8 |
| Whenever the practitioner's or
pharmacy's copy of any | 9 |
| prescription is removed by an officer or
employee engaged in | 10 |
| the enforcement of this Act, for the purpose of
investigation | 11 |
| or as evidence, such officer or employee shall give to the
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| practitioner or pharmacy a receipt in lieu thereof. A | 13 |
| prescription
for a Schedule II controlled substance shall not | 14 |
| be filled more than 90 7 days
after the date of issuance. A | 15 |
| written prescription for Schedule III, IV or
V controlled | 16 |
| substances shall not be filled or refilled more than 6 months
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| after the date thereof or refilled more than 5 times unless | 18 |
| renewed, in
writing, by the prescriber.
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| (b) In lieu of a written prescription required by this | 20 |
| Section, a
pharmacist, in good faith, may dispense Schedule | 21 |
| III, IV, or V
substances to any person either upon receiving a | 22 |
| facsimile of a written,
signed prescription transmitted by the | 23 |
| prescriber or the prescriber's agent
or upon a lawful oral | 24 |
| prescription of a
prescriber which oral prescription shall be | 25 |
| reduced
promptly to
writing by the pharmacist and such written | 26 |
| memorandum thereof shall be
dated on the day when such oral |
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| prescription is received by the
pharmacist and shall bear the | 2 |
| full name and address of the ultimate user
for whom, or of the | 3 |
| owner of the animal for which the controlled
substance is | 4 |
| dispensed, and the full name, address, and registry number
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| under the law of the United States relating to controlled | 6 |
| substances of
the prescriber prescribing if he is required by | 7 |
| those laws
to be so
registered, and the pharmacist filling such | 8 |
| oral prescription shall
write the date of filling and his own | 9 |
| signature on the face of such
written memorandum thereof. The | 10 |
| facsimile copy of the prescription or
written memorandum of the | 11 |
| oral
prescription shall be retained on file by the proprietor | 12 |
| of the pharmacy
in which it is filled for a period of not less | 13 |
| than two years, so as to
be readily accessible for inspection | 14 |
| by any officer or employee engaged
in the enforcement of this | 15 |
| Act in the same manner as a written
prescription. The facsimile | 16 |
| copy of the prescription or oral prescription
and the written | 17 |
| memorandum thereof
shall not be filled or refilled more than 6 | 18 |
| months after the date
thereof or be refilled more than 5 times, | 19 |
| unless renewed, in writing, by
the prescriber.
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| (c) Except for any non-prescription targeted | 21 |
| methamphetamine precursor regulated by the Methamphetamine | 22 |
| Precursor Control Act, a
controlled substance included in | 23 |
| Schedule V shall not be
distributed or dispensed other than for | 24 |
| a medical purpose and not for
the purpose of evading this Act, | 25 |
| and then:
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| (1) only personally by a person registered to dispense |
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| a Schedule V
controlled substance and then only to his | 2 |
| patients, or
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| (2) only personally by a pharmacist, and then only to a | 4 |
| person over
21 years of age who has identified himself to | 5 |
| the pharmacist by means of
2 positive documents of | 6 |
| identification.
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| (3) the dispenser shall record the name and address of | 8 |
| the
purchaser, the name and quantity of the product, the | 9 |
| date and time of
the sale, and the dispenser's signature.
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| (4) no person shall purchase or be dispensed more than | 11 |
| 120
milliliters or more than 120 grams of any Schedule V | 12 |
| substance which
contains codeine, dihydrocodeine, or any | 13 |
| salts thereof, or
ethylmorphine, or any salts thereof, in | 14 |
| any 96 hour period. The
purchaser shall sign a form, | 15 |
| approved by the Department of Professional
Regulation, | 16 |
| attesting that he has not purchased any Schedule V
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| controlled substances within the immediately preceding 96 | 18 |
| hours.
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| (5) a copy of the records of sale, including all | 20 |
| information
required by paragraph (3), shall be forwarded | 21 |
| to the Department of
Professional Regulation at its | 22 |
| principal office by the 15th day of the following month.
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| (6) all records of purchases and sales shall be | 24 |
| maintained for not
less than 2 years.
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| (7) no person shall obtain or attempt to obtain within | 26 |
| any
consecutive 96 hour period any Schedule V substances of |
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| more than 120
milliliters or more than 120 grams containing | 2 |
| codeine, dihydrocodeine or
any of its salts, or | 3 |
| ethylmorphine or any of its salts. Any person
obtaining any | 4 |
| such preparations or combination of preparations in excess
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| of this limitation shall be in unlawful possession of such | 6 |
| controlled
substance.
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| (8) a person qualified to dispense controlled | 8 |
| substances under this
Act and registered thereunder shall | 9 |
| at no time maintain or keep in stock
a quantity of Schedule | 10 |
| V controlled substances defined and listed in
Section 212 | 11 |
| (b) (1), (2) or (3) in excess of 4.5 liters for each
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| substance; a pharmacy shall at no time maintain or keep in | 13 |
| stock a
quantity of Schedule V controlled substances as | 14 |
| defined in excess of 4.5
liters for each substance, plus | 15 |
| the additional quantity of controlled
substances necessary | 16 |
| to fill the largest number of prescription orders
filled by | 17 |
| that pharmacy for such controlled substances in any one | 18 |
| week
in the previous year. These limitations shall not | 19 |
| apply to Schedule V
controlled substances which Federal law | 20 |
| prohibits from being dispensed
without a prescription.
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| (9) no person shall distribute or dispense butyl | 22 |
| nitrite for
inhalation or other introduction into the human | 23 |
| body for euphoric or
physical effect.
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| (d) Every practitioner shall keep a record of controlled | 25 |
| substances
received by him and a record of all such controlled | 26 |
| substances
administered, dispensed or professionally used by |
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| him otherwise than by
prescription. It shall, however, be | 2 |
| sufficient compliance with this
paragraph if any practitioner | 3 |
| utilizing controlled substances listed in
Schedules III, IV and | 4 |
| V shall keep a record of all those substances
dispensed and | 5 |
| distributed by him other than those controlled substances
which | 6 |
| are administered by the direct application of a controlled
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| substance, whether by injection, inhalation, ingestion, or any | 8 |
| other
means to the body of a patient or research subject. A | 9 |
| practitioner who
dispenses, other than by administering, a | 10 |
| controlled substance in
Schedule II, which is a narcotic drug | 11 |
| listed in Section 206 of this Act,
or which contains any | 12 |
| quantity of amphetamine or methamphetamine, their
salts, | 13 |
| optical isomers or salts of optical isomers, pentazocine, or
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| methaqualone shall do so only upon
the issuance of a written | 15 |
| prescription blank by a
prescriber.
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| (e) Whenever a manufacturer distributes a controlled | 17 |
| substance in a
package prepared by him, and whenever a | 18 |
| wholesale distributor
distributes a controlled substance in a | 19 |
| package prepared by him or the
manufacturer, he shall securely | 20 |
| affix to each package in which that
substance is contained a | 21 |
| label showing in legible English the name and
address of the | 22 |
| manufacturer, the distributor and the quantity, kind and
form | 23 |
| of controlled substance contained therein. No person except a
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| pharmacist and only for the purposes of filling a prescription | 25 |
| under
this Act, shall alter, deface or remove any label so | 26 |
| affixed.
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| (f) Whenever a practitioner dispenses any controlled | 2 |
| substance except a non-prescription targeted methamphetamine | 3 |
| precursor regulated by the Methamphetamine Precursor Control | 4 |
| Act, he
shall affix to the container in which such substance is | 5 |
| sold or
dispensed, a label indicating the date of initial | 6 |
| filling, the practitioner's
name and address, the name
of the | 7 |
| patient, the name of the prescriber,
the directions
for use and | 8 |
| cautionary statements, if any, contained in any prescription
or | 9 |
| required by law, the proprietary name or names or the | 10 |
| established name
of the controlled substance, and the dosage | 11 |
| and quantity, except as otherwise
authorized by regulation by | 12 |
| the Department of Professional Regulation. No
person shall | 13 |
| alter, deface or remove any label so affixed.
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| (g) A person to whom or for whose use any controlled | 15 |
| substance has
been prescribed or dispensed by a practitioner, | 16 |
| or other persons
authorized under this Act, and the owner of | 17 |
| any animal for which such
substance has been prescribed or | 18 |
| dispensed by a veterinarian, may
lawfully possess such | 19 |
| substance only in the container in which it was
delivered to | 20 |
| him by the person dispensing such substance.
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| (h) The responsibility for the proper prescribing or | 22 |
| dispensing of
controlled substances is upon the prescriber and | 23 |
| the responsibility for
the proper filling of a prescription for | 24 |
| controlled substance drugs
rests with the pharmacist. An order | 25 |
| purporting to be a prescription
issued to any individual, which | 26 |
| is not in the regular course of
professional treatment nor part |
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| of an authorized methadone maintenance
program, nor in | 2 |
| legitimate and authorized research instituted by any
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| accredited hospital, educational institution, charitable | 4 |
| foundation, or
federal, state or local governmental agency, and | 5 |
| which is intended to
provide that individual with controlled | 6 |
| substances sufficient to
maintain that individual's or any | 7 |
| other individual's physical or
psychological addiction, | 8 |
| habitual or customary use, dependence, or
diversion of that | 9 |
| controlled substance is not a prescription within the
meaning | 10 |
| and intent of this Act; and the person issuing it, shall be
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| subject to the penalties provided for violations of the law | 12 |
| relating to
controlled substances.
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| (i) A prescriber shall not preprint or cause to be
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| preprinted a
prescription for any controlled substance; nor | 15 |
| shall any practitioner
issue, fill or cause to be issued or | 16 |
| filled, a preprinted prescription
for any controlled | 17 |
| substance.
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| (j) No person shall manufacture, dispense, deliver, | 19 |
| possess with
intent to deliver, prescribe, or administer or | 20 |
| cause to be administered
under his direction any anabolic | 21 |
| steroid, for any use in humans other than
the treatment of | 22 |
| disease in accordance with the order of a physician licensed
to | 23 |
| practice medicine in all its branches for a
valid medical | 24 |
| purpose in the course of professional practice. The use of
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| anabolic steroids for the purpose of hormonal manipulation that | 26 |
| is intended
to increase muscle mass, strength or weight without |
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| a medical necessity to
do so, or for the intended purpose of | 2 |
| improving physical appearance or
performance in any form of | 3 |
| exercise, sport, or game, is not a valid medical
purpose or in | 4 |
| the course of professional practice.
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| (k) Notwithstanding any other rulemaking authority that | 6 |
| may exist, neither the Governor nor any agency or agency head | 7 |
| under the jurisdiction of the Governor has any authority to | 8 |
| make or promulgate rules to implement or enforce the provisions | 9 |
| of this amendatory Act of the 95th General Assembly. If, | 10 |
| however, the Governor believes that rules are necessary to | 11 |
| implement or enforce the provisions of this amendatory Act of | 12 |
| the 95th General Assembly, the Governor may suggest rules to | 13 |
| the General Assembly by filing them with the Clerk of the House | 14 |
| and the Secretary of the Senate and by requesting that the | 15 |
| General Assembly authorize such rulemaking by law, enact those | 16 |
| suggested rules into law, or take any other appropriate action | 17 |
| in the General Assembly's discretion. Nothing contained in this | 18 |
| amendatory Act of the 95th General Assembly shall be | 19 |
| interpreted to grant rulemaking authority under any other | 20 |
| Illinois statute where such authority is not otherwise | 21 |
| explicitly given. For the purposes of this Section, "rules" is | 22 |
| given the meaning contained in Section 1-70 of the Illinois | 23 |
| Administrative Procedure Act, and "agency" and "agency head" | 24 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 25 |
| the Illinois Administrative Procedure Act to the extent that | 26 |
| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. | 2 |
| (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)
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