Full Text of SB0030 95th General Assembly
SB0030ham001 95TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 5/17/2007
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09500SB0030ham001 |
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LRB095 04252 RLC 36082 a |
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| AMENDMENT TO SENATE BILL 30
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| AMENDMENT NO. ______. Amend Senate Bill 30 on page 1, line | 3 |
| 5, by inserting "313," after "Sections"; and
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| on page 1, by inserting immediately below line 6 the following:
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| "(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
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| Sec. 313. (a) Controlled substances which are lawfully | 7 |
| administered in
hospitals or institutions licensed under the | 8 |
| "Hospital Licensing Act" shall
be exempt from the requirements | 9 |
| of Sections 312 and 316 except
that the
prescription for the | 10 |
| controlled substance shall be in writing on the
patient's | 11 |
| record, signed by the prescriber, dated, and shall state the
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| name, and quantity of controlled substances ordered and the | 13 |
| quantity
actually administered. The records of such | 14 |
| prescriptions shall be
maintained for two years and shall be | 15 |
| available for inspection by officers
and employees of the | 16 |
| Department of State Police, and the Department of
Professional |
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LRB095 04252 RLC 36082 a |
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| Regulation.
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| (b) Controlled substances that can lawfully be | 3 |
| administered or dispensed
directly to a patient in a long-term | 4 |
| care facility licensed by the Department
of Public Health as a | 5 |
| skilled nursing facility, intermediate care facility, or
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| long-term care facility for residents under 22 years of age, | 7 |
| are exempt from
the requirements of Section 312 except that a | 8 |
| prescription
for a
Schedule II controlled substance must be | 9 |
| either a written prescription signed
by the prescriber or a | 10 |
| written prescription transmitted by the prescriber or
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| prescriber's agent to the dispensing pharmacy by facsimile. The
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| facsimile serves as the original prescription and must be | 13 |
| maintained for 2
years from the date of issue in the same | 14 |
| manner as a written prescription
signed by the prescriber.
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| (c) A prescription that is written for a Schedule II | 16 |
| controlled substance
to be compounded for direct | 17 |
| administration by parenteral, intravenous,
intramuscular, | 18 |
| subcutaneous, or intraspinal infusion to a patient in a private
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| residence, long-term care facility, or hospice program
setting
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| may be transmitted by
facsimile by the prescriber or the | 21 |
| prescriber's agent to the pharmacy providing
the home infusion | 22 |
| services. The facsimile serves as the original written
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| prescription for purposes of this paragraph (c) and it shall be | 24 |
| maintained in
the same manner as the original written | 25 |
| prescription.
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| (c-1) A prescription written for a Schedule II controlled |
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LRB095 04252 RLC 36082 a |
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| substance for a
patient residing in a hospice certified by | 2 |
| Medicare under Title XVIII of the
Social Security Act or
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| licensed by the State may be transmitted by the practitioner or | 4 |
| the
practitioner's
agent to the dispensing pharmacy by | 5 |
| facsimile. The practitioner or
practitioner's
agent must note | 6 |
| on the prescription that the patient is a hospice patient. The
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| facsimile serves as the original written prescription for | 8 |
| purposes of this
paragraph (c-1) and it shall be maintained in | 9 |
| the same manner as the original
written prescription.
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| (d) Controlled substances which are lawfully administered
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| and/or dispensed
in drug abuse treatment programs licensed by | 12 |
| the Department shall be exempt
from the requirements of | 13 |
| Sections 312 and 316, except that the
prescription
for such | 14 |
| controlled substances shall be issued and authenticated
on | 15 |
| official prescription logs prepared and supplied by the | 16 |
| Department.
The official prescription logs issued by the | 17 |
| Department shall be printed
in triplicate on distinctively | 18 |
| marked paper and furnished to programs at
reasonable cost. The | 19 |
| official prescription logs furnished to the programs
shall | 20 |
| contain, in preprinted form, such information as the Department | 21 |
| may
require. The official prescription logs shall be properly | 22 |
| endorsed by a
physician licensed to practice medicine in all | 23 |
| its branches issuing the
order, with his own signature and the | 24 |
| date of
ordering, and further endorsed by the practitioner | 25 |
| actually administering
or dispensing the dosage at the time of | 26 |
| such administering or dispensing in
accordance with |
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LRB095 04252 RLC 36082 a |
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| requirements issued by the Department. The duplicate copy
shall | 2 |
| be retained by the program for a period of not less than three | 3 |
| years
nor more than seven years; the original and triplicate | 4 |
| copy shall be
returned to the Department at its principal | 5 |
| office in accordance with
requirements set forth by the | 6 |
| Department.
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| (Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)"; and
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| on page 5, line 14, by inserting " or the office of a county | 9 |
| sheriff or State's Attorney or
municipal police department of | 10 |
| Illinois " after "Police"; and
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| on page 5, line 17, by inserting " or " after "substances;"; and
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| on page 6, line 7, by replacing "release" with " receive and | 13 |
| release prescription record information
release "; and | 14 |
| on page 6, line 14, by replacing "a" with " any Illinois
a "; and
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| on page 6, line 15, by replacing "by the Department of State | 16 |
| Police" with
" by the Department of State Police "; and | 17 |
| on page 8, line 26, by inserting " or dispenser " after | 18 |
| " prescriber "; and | 19 |
| on page 9, line 1, by inserting " or dispenser " after |
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LRB095 04252 RLC 36082 a |
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| " prescriber ".
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