Full Text of SB2269 96th General Assembly
SB2269sam001 96TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 3/18/2009
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| AMENDMENT TO SENATE BILL 2269
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| AMENDMENT NO. ______. Amend Senate Bill 2269 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Prescription Drug Repository Program Act. | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Department" means the Department of Public Health. | 8 |
| "Dispense" has the meaning given to that term in the | 9 |
| Pharmacy Practice Act. | 10 |
| "Drug" means any drug intended for and having for its main | 11 |
| use the diagnosis, cure, mitigation, treatment, or prevention | 12 |
| of disease in man that is included in the definition of "drugs" | 13 |
| under Section 3 of the Pharmacy Practice Act. | 14 |
| "Pharmacist" means an individual licensed to engage in the | 15 |
| practice of pharmacy under the Pharmacy Practice Act. | 16 |
| "Pharmacy" means a pharmacy registered in this State under |
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| the Pharmacy Practice Act. | 2 |
| "Practitioner" means a person licensed in this State to | 3 |
| prescribe and administer drugs or licensed in another state and | 4 |
| recognized by this State as a person authorized to prescribe | 5 |
| and administer drugs. | 6 |
| "Prescription drug" means any prescribed drug that may be | 7 |
| legally dispensed by a pharmacy. "Prescription drug" does not | 8 |
| include any drug that may be dispensed only to a patient | 9 |
| registered with the drug manufacturer in accordance with the | 10 |
| requirements of the federal Food and Drug Administration. | 11 |
| "Program" means the prescription drug repository program | 12 |
| established under this Act. | 13 |
| Section 10. Illinois Prescription Drug Repository Program. | 14 |
| The Department shall establish and maintain a prescription drug | 15 |
| repository program, under which any individual, organization, | 16 |
| or entity, or any healthcare facility operated by the State or | 17 |
| a unit of local government, may donate a prescription drug or | 18 |
| supplies needed to administer a prescription drug for use by an | 19 |
| organization serving uninsured, indigent, or low-income | 20 |
| citizens which meets eligibility criteria specified by the | 21 |
| Department in rules. Donations may be made on the premises of a | 22 |
| pharmacy that elects to participate in the program and meets | 23 |
| requirements specified by the Department in rules. A pharmacy | 24 |
| that receives a donated prescription drug or supplies needed to | 25 |
| administer a prescription drug under this Act may distribute |
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| the prescription drug or supplies to another eligible pharmacy | 2 |
| for use under the program.
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| Section 15. Requirements for accepting and dispensing | 4 |
| prescription drugs and supplies. A prescription drug or | 5 |
| supplies needed to administer a prescription drug may be | 6 |
| accepted and dispensed under the program only if all of the | 7 |
| following requirements are met:
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| (1) The prescription drug or supplies needed to | 9 |
| administer a prescription drug are in their original, | 10 |
| unopened, sealed, and tamper-evident unit-dose packaging | 11 |
| or, if packaged in single-unit doses, the single-unit-dose | 12 |
| packaging is unopened.
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| (2) The prescription drug bears an expiration date that | 14 |
| is less than 90 days after the date the drug is donated, to | 15 |
| ensure the potency and quality of the drug.
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| (3) The prescription drug or supplies needed to | 17 |
| administer a prescription drug are not adulterated or | 18 |
| misbranded, as determined by a pharmacist employed by, or | 19 |
| under contract with, the pharmacy where the drug or | 20 |
| supplies are accepted or dispensed. The pharmacist must | 21 |
| inspect the drug or supplies before the drug or supplies | 22 |
| are dispensed.
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| (4) The prescription drug or supplies needed to | 24 |
| administer a prescription drug are prescribed by a | 25 |
| practitioner.
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| Section 20. Resale of donated drugs or supplies prohibited. | 2 |
| No prescription drug or supplies needed to administer a | 3 |
| prescription drug that are donated for use under this Act may | 4 |
| be resold.
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| Section 25. Participation in program not required. Nothing | 6 |
| in this Act requires that a pharmacy or pharmacist participate | 7 |
| in the Illinois Prescription Drug Repository Program.
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| Section 30. Immunity. | 9 |
| (a) Unless the manufacturer's conduct is wilful and wanton, | 10 |
| a manufacturer of a drug or supply is not subject to criminal | 11 |
| or civil liability for injury, death, or loss to a person or | 12 |
| property for matters related to the donation, acceptance, or | 13 |
| dispensing of a prescription drug or supply manufactured by the | 14 |
| manufacturer that is donated by any person under this Act.
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| (b) Unless the person's conduct is wilful and wanton, a | 16 |
| person is immune from civil liability for injury to or the | 17 |
| death of the individual to whom the prescription drug or supply | 18 |
| is dispensed and may not be found guilty of unprofessional | 19 |
| conduct for his or her acts or omissions related to donating, | 20 |
| accepting, distributing, or dispensing a prescription drug or | 21 |
| supply under this Act. | 22 |
| Section 35. Rules. The Department shall adopt all of the |
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| following as rules: | 2 |
| (1) Requirements for pharmacies to accept and dispense | 3 |
| donated prescription drugs or supplies needed to | 4 |
| administer prescription drugs under this Act, including | 5 |
| all of the following:
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| (A) Eligibility criteria. | 7 |
| (B) Standards and procedures for accepting, safely | 8 |
| storing, and dispensing donated prescription drugs or | 9 |
| supplies needed to administer prescription drugs.
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| (C) Standards and procedures for inspecting | 11 |
| donated prescription drugs or supplies needed to | 12 |
| administer prescription drugs to determine whether the | 13 |
| drugs or supplies are in their original, unopened, | 14 |
| sealed, and tamper-evident unit-dose packaging or, if | 15 |
| packaged in single-unit doses, the single-unit-dose | 16 |
| packaging is unopened.
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| (D) Standards and procedures for inspecting | 18 |
| donated prescription drugs or supplies needed to | 19 |
| administer prescription drugs to determine that the | 20 |
| drugs or supplies needed to administer prescription | 21 |
| drugs are not adulterated or misbranded.
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| (2) Eligibility criteria for organizations or groups, | 23 |
| such as free clinics, to receive donated prescription drugs | 24 |
| or supplies needed to administer prescription drugs | 25 |
| dispensed under the Illinois Prescription Drug Repository | 26 |
| Program. The standards shall prioritize dispensation to |
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| organizations serving individuals who are uninsured or | 2 |
| indigent but must permit dispensation to organizations | 3 |
| serving low-income citizens if an organization serving | 4 |
| uninsured or indigent individuals is unavailable.
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| (3) A means, such as a registration process, by which | 6 |
| an organization which is eligible to receive a donated | 7 |
| prescription drug or supplies needed to administer a | 8 |
| prescription drug may indicate that eligibility.
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| (4) Necessary forms for administration of the | 10 |
| prescription drug repository program, including forms for | 11 |
| use by individuals, organizations, or entities, or | 12 |
| healthcare facilities operated by the State or a unit of | 13 |
| local local government, that donate, and organizations | 14 |
| which accept, distribute, or dispense prescription drugs | 15 |
| or supplies needed to administer prescription drugs under | 16 |
| the program.
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| (5) A list of prescription drugs and supplies needed to | 18 |
| administer prescription drugs, arranged by category or by | 19 |
| individual prescription drug or supply, that the Illinois | 20 |
| Prescription Drug Repository Program will accept for | 21 |
| dispensing. | 22 |
| (6) A list of prescription drugs and supplies needed to | 23 |
| administer prescription drugs, arranged by category or by | 24 |
| individual prescription drug or supply, that the Illinois | 25 |
| Prescription Drug Repository Program will not accept for | 26 |
| dispensing. The list must include a statement that |
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| specifies the reason that the drug or supplies are | 2 |
| ineligible for donation.
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| The Department may also adopt any other rules deemed | 4 |
| necessary to implement this Act. | 5 |
| Section 90. The Pharmacy Practice Act is amended by | 6 |
| changing Section 4 as follows:
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| (225 ILCS 85/4) (from Ch. 111, par. 4124)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 4. Exemptions. Nothing contained in any Section of | 10 |
| this Act shall
apply
to, or in any manner interfere with:
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| (a) the lawful practice of any physician licensed to | 12 |
| practice medicine in
all of its branches, dentist, podiatrist,
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| veterinarian, or therapeutically or diagnostically certified | 14 |
| optometrist within
the limits of
his or her license, or prevent | 15 |
| him or her from
supplying to his
or her
bona fide patients
such | 16 |
| drugs, medicines, or poisons as may seem to him appropriate;
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| (b) the sale of compressed gases;
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| (c) the sale of patent or proprietary medicines and | 19 |
| household remedies
when sold in original and unbroken packages | 20 |
| only, if such patent or
proprietary medicines and household | 21 |
| remedies be properly and adequately
labeled as to content and | 22 |
| usage and generally considered and accepted
as harmless and | 23 |
| nonpoisonous when used according to the directions
on the | 24 |
| label, and also do not contain opium or coca leaves, or any
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| compound, salt or derivative thereof, or any drug which, | 2 |
| according
to the latest editions of the following authoritative | 3 |
| pharmaceutical
treatises and standards, namely, The United | 4 |
| States Pharmacopoeia/National
Formulary (USP/NF), the United | 5 |
| States Dispensatory, and the Accepted
Dental Remedies of the | 6 |
| Council of Dental Therapeutics of the American
Dental | 7 |
| Association or any or either of them, in use on the effective
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| date of this Act, or according to the existing provisions of | 9 |
| the Federal
Food, Drug, and Cosmetic Act and Regulations of the | 10 |
| Department of Health
and Human Services, Food and Drug | 11 |
| Administration, promulgated thereunder
now in effect, is | 12 |
| designated, described or considered as a narcotic,
hypnotic, | 13 |
| habit forming, dangerous, or poisonous drug;
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| (d) the sale of poultry and livestock remedies in original | 15 |
| and unbroken
packages only, labeled for poultry and livestock | 16 |
| medication;
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| (e) the sale of poisonous substances or mixture of | 18 |
| poisonous substances,
in unbroken packages, for nonmedicinal | 19 |
| use in the arts or industries
or for insecticide purposes; | 20 |
| provided, they are properly and adequately
labeled as to | 21 |
| content and such nonmedicinal usage, in conformity
with the | 22 |
| provisions of all applicable federal, state and local laws
and | 23 |
| regulations promulgated thereunder now in effect relating | 24 |
| thereto
and governing the same, and those which are required | 25 |
| under such applicable
laws and regulations to be labeled with | 26 |
| the word "Poison", are also labeled
with the word "Poison" |
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| printed
thereon in prominent type and the name of a readily | 2 |
| obtainable antidote
with directions for its administration;
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| (f) the delegation of limited prescriptive authority by a | 4 |
| physician
licensed to
practice medicine in all its branches to | 5 |
| a physician assistant
under Section 7.5 of the Physician | 6 |
| Assistant Practice Act of 1987. This
delegated authority under | 7 |
| Section 7.5 of the Physician Assistant Practice Act of 1987 may | 8 |
| but is not required to include prescription of
controlled | 9 |
| substances, as defined in Article II of the
Illinois Controlled | 10 |
| Substances Act, in accordance with written guidelines; and
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| (g) the The delegation of prescriptive authority by a | 12 |
| physician
licensed to practice medicine in all its branches to | 13 |
| an advanced practice
nurse in accordance with a written | 14 |
| collaborative
agreement under Section 65-35 of the Nurse | 15 |
| Practice Act. This authority, which is delegated under Section | 16 |
| 65-40 of the Nurse Practice Act, may but is not required to
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| include the prescription of Schedule III, IV, or V controlled | 18 |
| substances as
defined
in Article II of the Illinois Controlled | 19 |
| Substances Act ; and .
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| (h) the donation or acceptance, or the packaging, | 21 |
| repackaging, or labeling, of prescription drugs to the extent | 22 |
| permitted or required under the Illinois Prescription Drug | 23 |
| Repository Program Act. | 24 |
| (Source: P.A. 95-639, eff. 10-5-07 .)
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| Section 91. The Wholesale Drug Distribution Licensing Act |
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| is amended by changing Section 15 as follows:
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| (225 ILCS 120/15) (from Ch. 111, par. 8301-15)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 15. Definitions. As used in this Act:
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| "Authentication" means the affirmative verification, | 6 |
| before any wholesale distribution of a prescription drug | 7 |
| occurs, that each transaction listed on the pedigree has | 8 |
| occurred. | 9 |
| "Authorized distributor of record" means a wholesale | 10 |
| distributor with whom a manufacturer has established an ongoing | 11 |
| relationship to distribute the manufacturer's prescription | 12 |
| drug. An ongoing relationship is deemed to exist between a | 13 |
| wholesale distributor and a manufacturer when the wholesale | 14 |
| distributor, including any affiliated group of the wholesale | 15 |
| distributor, as defined in Section 1504 of the Internal Revenue | 16 |
| Code, complies with the following: | 17 |
| (1) The wholesale distributor has a written agreement | 18 |
| currently in effect with the manufacturer evidencing the | 19 |
| ongoing relationship; and | 20 |
| (2) The wholesale distributor is listed on the | 21 |
| manufacturer's current list of authorized distributors of | 22 |
| record, which is updated by the manufacturer on no less | 23 |
| than a monthly basis.
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| "Blood" means whole blood collected from a single donor and | 25 |
| processed
either for transfusion or further manufacturing.
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| "Blood component" means that part of blood separated by | 2 |
| physical or
mechanical means.
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| "Board" means the State Board of Pharmacy of the Department | 4 |
| of
Professional Regulation.
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| "Chain pharmacy warehouse" means a physical location for | 6 |
| prescription drugs that acts as a central warehouse and | 7 |
| performs intracompany sales or transfers of the drugs to a | 8 |
| group of chain or mail order pharmacies that have the same | 9 |
| common ownership and control. Notwithstanding any other | 10 |
| provision of this Act, a chain pharmacy warehouse shall be | 11 |
| considered part of the normal distribution channel. | 12 |
| "Co-licensed partner or product" means an instance where | 13 |
| one or more parties have the right to engage in the | 14 |
| manufacturing or marketing of a prescription drug, consistent | 15 |
| with the FDA's implementation of the Prescription Drug | 16 |
| Marketing Act.
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| "Department" means the Department of Financial and
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| Professional Regulation.
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| "Drop shipment" means the sale of a prescription drug to a | 20 |
| wholesale distributor by the manufacturer of the prescription | 21 |
| drug or that manufacturer's co-licensed product partner, that | 22 |
| manufacturer's third party logistics provider, or that | 23 |
| manufacturer's exclusive distributor or by an authorized | 24 |
| distributor of record that purchased the product directly from | 25 |
| the manufacturer or one of these entities whereby the wholesale | 26 |
| distributor or chain pharmacy warehouse takes title but not |
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| physical possession of such prescription drug and the wholesale | 2 |
| distributor invoices the pharmacy, chain pharmacy warehouse, | 3 |
| or other person authorized by law to dispense or administer | 4 |
| such drug to a patient and the pharmacy, chain pharmacy | 5 |
| warehouse, or other authorized person receives delivery of the | 6 |
| prescription drug directly from the manufacturer, that | 7 |
| manufacturer's third party logistics provider, or that | 8 |
| manufacturer's exclusive distributor or from an authorized | 9 |
| distributor of record that purchased the product directly from | 10 |
| the manufacturer or one of these entities.
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| "Drug sample" means a unit of a prescription drug that is | 12 |
| not intended to
be sold and is intended to promote the sale of | 13 |
| the drug.
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| "Facility" means a facility of a wholesale distributor | 15 |
| where prescription drugs are stored, handled, repackaged, or | 16 |
| offered for sale. | 17 |
| "FDA" means the United States Food and Drug Administration.
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| "Manufacturer" means a person licensed or approved by the | 19 |
| FDA to engage in the manufacture of drugs or devices, | 20 |
| consistent with the definition of "manufacturer" set forth in | 21 |
| the FDA's regulations and guidances implementing the | 22 |
| Prescription Drug Marketing Act. "Manufacturer" does not | 23 |
| include anyone who is engaged in the packaging, repackaging, or | 24 |
| labeling of prescription drugs only to the extent required | 25 |
| under the Illinois Prescription Drug Repository Program Act. | 26 |
| "Manufacturer's exclusive distributor" means anyone who |
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| contracts with a manufacturer to provide or coordinate | 2 |
| warehousing, distribution, or other services on behalf of a | 3 |
| manufacturer and who takes title to that manufacturer's | 4 |
| prescription drug, but who does not have general responsibility | 5 |
| to direct the sale or disposition of the manufacturer's | 6 |
| prescription drug. A manufacturer's exclusive distributor must | 7 |
| be licensed as a wholesale distributor under this Act and, in | 8 |
| order to be considered part of the normal distribution channel, | 9 |
| must also be an authorized distributor of record.
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| "Normal distribution channel" means a chain of custody for | 11 |
| a prescription drug that goes, directly or by drop shipment, | 12 |
| from (i) a manufacturer of the prescription drug, (ii) that | 13 |
| manufacturer to that manufacturer's co-licensed partner, (iii) | 14 |
| that manufacturer to that manufacturer's third party logistics | 15 |
| provider, or (iv) that manufacturer to that manufacturer's | 16 |
| exclusive distributor to: | 17 |
| (1) a pharmacy or to other designated persons | 18 |
| authorized by law to dispense or administer the drug to a | 19 |
| patient; | 20 |
| (2) a wholesale distributor to a pharmacy or other | 21 |
| designated persons authorized by law to dispense or | 22 |
| administer the drug to a patient; | 23 |
| (3) a wholesale distributor to a chain pharmacy | 24 |
| warehouse to that chain pharmacy warehouse's intracompany | 25 |
| pharmacy to a patient or other designated persons | 26 |
| authorized by law to dispense or administer the drug to a |
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| patient; | 2 |
| (4) a chain pharmacy warehouse to the chain pharmacy | 3 |
| warehouse's intracompany pharmacy or other designated | 4 |
| persons authorized by law to dispense or administer the | 5 |
| drug to the patient; | 6 |
| (5) an authorized distributor of record to one other | 7 |
| authorized distributor of record to an office-based health | 8 |
| care practitioner authorized by law to dispense or | 9 |
| administer the drug to the patient; or | 10 |
| (6) an authorized distributor to a pharmacy or other | 11 |
| persons licensed to dispense or administer the drug. | 12 |
| "Pedigree" means a document or electronic file containing | 13 |
| information that records each wholesale distribution of any | 14 |
| given prescription drug from the point of origin to the final | 15 |
| wholesale distribution point of any given prescription drug.
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| "Person" means and includes a natural person, partnership, | 17 |
| association or
corporation.
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| "Pharmacy distributor" means any pharmacy licensed in this | 19 |
| State or
hospital pharmacy that is engaged in the delivery or | 20 |
| distribution of
prescription drugs either to any other pharmacy | 21 |
| licensed in this State or
to any other person or entity | 22 |
| including, but not limited to, a wholesale
drug distributor | 23 |
| engaged in the delivery or distribution of prescription
drugs | 24 |
| who is involved in the actual, constructive, or attempted | 25 |
| transfer of
a drug in this State to other than the ultimate | 26 |
| consumer except as
otherwise provided for by law.
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| "Prescription drug" means any human drug, including any | 2 |
| biological product (except for blood and blood components | 3 |
| intended for transfusion or biological products that are also | 4 |
| medical devices), required by federal law or
regulation to be | 5 |
| dispensed only by a prescription, including finished
dosage | 6 |
| forms and bulk drug substances
subject to Section
503 of the | 7 |
| Federal Food, Drug and Cosmetic Act.
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| "Repackage" means repackaging or otherwise changing the | 9 |
| container, wrapper, or labeling to further the distribution of | 10 |
| a prescription drug, excluding that completed by the pharmacist | 11 |
| responsible for dispensing the product to a patient. | 12 |
| "Secretary" means the Secretary of Financial and | 13 |
| Professional Regulation. | 14 |
| "Third party logistics provider" means anyone who | 15 |
| contracts with a prescription drug manufacturer to provide or | 16 |
| coordinate warehousing, distribution, or other services on | 17 |
| behalf of a manufacturer, but does not take title to the | 18 |
| prescription drug or have general responsibility to direct the | 19 |
| prescription drug's sale or disposition. A third party | 20 |
| logistics provider must be licensed as a wholesale distributor | 21 |
| under this Act and, in order to be considered part of the | 22 |
| normal distribution channel, must also be an authorized | 23 |
| distributor of record. | 24 |
| "Wholesale distribution"
means the distribution
of | 25 |
| prescription drugs to persons other than a consumer or patient, | 26 |
| but does
not include any of the following:
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| (1)
Intracompany sales of prescription drugs, meaning | 2 |
| (i) any transaction or transfer
between any division, | 3 |
| subsidiary, parent, or affiliated or related company
under | 4 |
| the common ownership and control of a corporate entity or | 5 |
| (ii) any transaction or transfer between co-licensees of a | 6 |
| co-licensed product.
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| (2) The sale, purchase, distribution, trade, or | 8 |
| transfer of a prescription drug or offer to sell, purchase, | 9 |
| distribute, trade, or transfer a prescription drug for | 10 |
| emergency medical reasons.
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| (3) The distribution of prescription drug samples by | 12 |
| manufacturers' representatives. | 13 |
| (4) Drug returns, when conducted by a hospital, health | 14 |
| care entity, or charitable institution in accordance with | 15 |
| federal regulation. | 16 |
| (5) The sale of minimal quantities of prescription | 17 |
| drugs by retail pharmacies to licensed practitioners for | 18 |
| office use. | 19 |
| (6) The sale, purchase, or trade of a drug, an offer to | 20 |
| sell, purchase, or trade a drug, or the dispensing of a | 21 |
| drug pursuant to a prescription. | 22 |
| (7) The sale, transfer, merger, or consolidation of all | 23 |
| or part of the business of a pharmacy or pharmacies from or | 24 |
| with another pharmacy or pharmacies, whether accomplished | 25 |
| as a purchase and sale of stock or business assets. | 26 |
| (8) The sale, purchase, distribution, trade, or |
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| transfer of a prescription drug from one authorized | 2 |
| distributor of record to one additional authorized | 3 |
| distributor of record when the manufacturer has stated in | 4 |
| writing to the receiving authorized distributor of record | 5 |
| that the manufacturer is unable to supply the prescription | 6 |
| drug and the supplying authorized distributor of record | 7 |
| states in writing that the prescription drug being supplied | 8 |
| had until that time been exclusively in the normal | 9 |
| distribution channel. | 10 |
| (9) The delivery of or the offer to deliver a | 11 |
| prescription drug by a common carrier solely in the common | 12 |
| carrier's usual course of business of transporting | 13 |
| prescription drugs when the common carrier does not store, | 14 |
| warehouse, or take legal ownership of the prescription | 15 |
| drug. | 16 |
| (10) The sale or transfer from a retail pharmacy, mail | 17 |
| order pharmacy, or chain pharmacy warehouse of expired, | 18 |
| damaged, returned, or recalled prescription drugs to the | 19 |
| original manufacturer, the originating wholesale | 20 |
| distributor, or a third party returns processor.
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| (11) The donation of prescription drugs to the extent | 22 |
| permitted under the Illinois Prescription Drug Repository | 23 |
| Program Act. | 24 |
| "Wholesale drug distributor" means anyone
engaged in the
| 25 |
| wholesale distribution of prescription drugs, including | 26 |
| without limitation
manufacturers; repackers; own label |
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| distributors; jobbers; private
label distributors; brokers; | 2 |
| warehouses, including manufacturers' and
distributors' | 3 |
| warehouses; manufacturer's exclusive distributors; and | 4 |
| authorized distributors of record; drug wholesalers or | 5 |
| distributors; independent wholesale drug traders; specialty | 6 |
| wholesale distributors; third party logistics providers; and | 7 |
| retail pharmacies that conduct wholesale distribution; and | 8 |
| chain pharmacy warehouses that conduct wholesale distribution. | 9 |
| In order to be considered part of the normal distribution | 10 |
| channel, a wholesale distributor must also be an authorized | 11 |
| distributor of record.
| 12 |
| (Source: P.A. 95-689, eff. 10-29-07.)
| 13 |
| Section 92. The Senior Pharmaceutical Assistance Act is | 14 |
| amended by changing Section 10 as follows:
| 15 |
| (320 ILCS 50/10)
| 16 |
| Sec. 10. Definitions. In this Act:
| 17 |
| "Manufacturer" includes:
| 18 |
| (1) An entity that is engaged in (a) the production, | 19 |
| preparation,
propagation, compounding, conversion, or | 20 |
| processing of prescription drug
products (i) directly or | 21 |
| indirectly by extraction from substances of natural
| 22 |
| origin,
(ii) independently by means of chemical synthesis, | 23 |
| or (iii) by combination of
extraction
and chemical | 24 |
| synthesis; or (b) the packaging, repackaging, labeling or
|
|
|
|
09600SB2269sam001 |
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| re-labeling, or distribution of prescription drug | 2 |
| products.
| 3 |
| (2) The entity holding legal title to or possession of | 4 |
| the national
drug code number for the covered prescription | 5 |
| drug.
| 6 |
| The term does not include a wholesale distributor of drugs,
| 7 |
| drugstore chain organization, or retail pharmacy licensed by | 8 |
| the State. The term also does not include anyone who is engaged | 9 |
| in the packaging, repackaging, or labeling of prescription | 10 |
| drugs only to the extent required under the Illinois | 11 |
| Prescription Drug Repository Program Act.
| 12 |
| "Prescription drug" means a drug that may be dispensed only | 13 |
| upon
prescription by an authorized prescriber and that is | 14 |
| approved for safety and
effectiveness as a prescription drug | 15 |
| under Section 505 or 507 of the Federal
Food, Drug and Cosmetic | 16 |
| Act.
| 17 |
| "Senior citizen" or "senior" means a person 65 years of age | 18 |
| or
older.
| 19 |
| (Source: P.A. 92-594, eff. 6-27-02.)
| 20 |
| Section 93. The Illinois Food, Drug and Cosmetic Act is | 21 |
| amended by changing Section 16 as follows:
| 22 |
| (410 ILCS 620/16) (from Ch. 56 1/2, par. 516)
| 23 |
| Sec. 16. (a) The Director is hereby authorized to | 24 |
| promulgate
regulations exempting from any labeling or |
|
|
|
09600SB2269sam001 |
- 20 - |
LRB096 11426 DRJ 24021 a |
|
| 1 |
| packaging requirement of this
Act drugs and devices which are | 2 |
| (i) , in accordance with the practice of the
trade, to be | 3 |
| processed, labeled or repacked in substantial quantities at
| 4 |
| establishments other than those where originally processed or | 5 |
| packaged on
condition that such drugs and devices are not | 6 |
| adulterated or misbranded
under the provisions of this Act upon | 7 |
| removal from such processing,
labeling or repacking | 8 |
| establishment or (ii) packaged, repackaged, or labeled to the | 9 |
| extent required under the Illinois Prescription Drug | 10 |
| Repository Program Act .
| 11 |
| (b) Drugs and device labeling or packaging exemptions | 12 |
| adopted under the
Federal Act and supplements thereto or | 13 |
| revisions thereof shall apply to
drugs and devices in Illinois | 14 |
| except insofar as modified or rejected by
regulations | 15 |
| promulgated by the Director.
| 16 |
| (c) A drug intended for use by man which (A) is a | 17 |
| habit-forming drug to
which Section 15 (d) applies; or (B) | 18 |
| because of its toxicity or other
potentiality for harmful | 19 |
| effect or the method of its use or the collateral
measures | 20 |
| necessary to its use is not safe for use except under the
| 21 |
| supervision of a practitioner licensed by law to administer | 22 |
| such drug; or
(C) is limited by an approved application under | 23 |
| Section 505 of the Federal
Act or Section 17 of this Act to use | 24 |
| under the professional supervision of
a practitioner licensed | 25 |
| by law to administer such drug, shall be dispensed
only in | 26 |
| accordance with the provisions of the "Illinois Controlled
|
|
|
|
09600SB2269sam001 |
- 21 - |
LRB096 11426 DRJ 24021 a |
|
| 1 |
| Substances Act". The act of dispensing a drug contrary to the | 2 |
| provisions of
this paragraph shall be deemed to be an act which | 3 |
| results in a drug being
misbranded while held for sale.
| 4 |
| (d) Any drug dispensed by filling or refilling a written
or | 5 |
| oral prescription of a practitioner licensed by law to | 6 |
| administer such
drug shall be exempt from the requirements of | 7 |
| Section 15, except
subsections (a), (k) and (l) and clauses (2) | 8 |
| and (3) of subsection (i), and
the packaging requirements of
| 9 |
| subsections (g), (h) and (q), if the drug bears a label | 10 |
| containing the
proprietary name or names, or if there is none, | 11 |
| the established name or
names of the drugs, the dosage and | 12 |
| quantity, unless the prescribing
practitioner, in the interest | 13 |
| of the health of the patient, directs
otherwise in writing, the | 14 |
| name and address of the dispenser, the serial
number and date | 15 |
| of the prescription or of its filling, the name of the
| 16 |
| prescriber and, if stated in the prescription, the name of the | 17 |
| patient, and
the directions for use and the cautionary | 18 |
| statements, if any, contained in
such prescription. This | 19 |
| exemption shall not apply to any drug dispensed in
the course | 20 |
| of the conduct of business of dispensing drugs pursuant to
| 21 |
| diagnosis by mail, or to a drug dispensed in violation of | 22 |
| subsection (a) of
this Section.
| 23 |
| (e) The Director may by regulation remove drugs subject to
| 24 |
| Section 15 (d) and Section 17 from the requirements of | 25 |
| subsection (c) of
this Section when such requirements are not | 26 |
| necessary for the protection of
the public health.
|
|
|
|
09600SB2269sam001 |
- 22 - |
LRB096 11426 DRJ 24021 a |
|
| 1 |
| (f) A drug which is subject to subsection (c) of this | 2 |
| Section
shall be deemed to be misbranded if at any time before | 3 |
| dispensing its label
fails to bear the statement "Caution: | 4 |
| Federal Law Prohibits Dispensing Without
Prescription" or | 5 |
| "Caution: State Law Prohibits Dispensing Without
| 6 |
| Prescription". A drug to which subsection (c) of this Section | 7 |
| does not apply
shall be deemed to be misbranded if at any time | 8 |
| prior to dispensing its
label bears the caution statement | 9 |
| quoted in the preceding sentence.
| 10 |
| (g) Nothing in this Section shall be construed to relieve
| 11 |
| any person from any requirement prescribed by or under | 12 |
| authority of law
with respect to controlled substances now | 13 |
| included or which may hereafter
be included within the | 14 |
| classifications of controlled substances cannabis as
defined | 15 |
| in applicable Federal laws relating to controlled substances or
| 16 |
| cannabis or the Cannabis Control Act.
| 17 |
| (Source: P.A. 84-1308.)
| 18 |
| Section 94. The Illinois Controlled Substances Act is | 19 |
| amended by changing Section 102 as follows: | 20 |
| (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 21 |
| Sec. 102. Definitions. As used in this Act, unless the | 22 |
| context
otherwise requires:
| 23 |
| (a) "Addict" means any person who habitually uses any drug, | 24 |
| chemical,
substance or dangerous drug other than alcohol so as |
|
|
|
09600SB2269sam001 |
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| to endanger the public
morals, health, safety or welfare or who | 2 |
| is so far addicted to the use of a
dangerous drug or controlled | 3 |
| substance other than alcohol as to have lost
the power of self | 4 |
| control with reference to his addiction.
| 5 |
| (b) "Administer" means the direct application of a | 6 |
| controlled
substance, whether by injection, inhalation, | 7 |
| ingestion, or any other
means, to the body of a patient, | 8 |
| research subject, or animal (as
defined by the Humane | 9 |
| Euthanasia in Animal Shelters Act) by:
| 10 |
| (1) a practitioner (or, in his presence, by his | 11 |
| authorized agent),
| 12 |
| (2) the patient or research subject at the lawful | 13 |
| direction of the
practitioner, or
| 14 |
| (3) a euthanasia technician as defined by the Humane | 15 |
| Euthanasia in
Animal Shelters Act.
| 16 |
| (c) "Agent" means an authorized person who acts on behalf | 17 |
| of or at
the direction of a manufacturer, distributor, or | 18 |
| dispenser. It does not
include a common or contract carrier, | 19 |
| public warehouseman or employee of
the carrier or warehouseman.
| 20 |
| (c-1) "Anabolic Steroids" means any drug or hormonal | 21 |
| substance,
chemically and pharmacologically related to | 22 |
| testosterone (other than
estrogens, progestins, and | 23 |
| corticosteroids) that promotes muscle growth,
and includes:
| 24 |
| (i) boldenone,
| 25 |
| (ii) chlorotestosterone,
| 26 |
| (iii) chostebol,
|
|
|
|
09600SB2269sam001 |
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| (iv) dehydrochlormethyltestosterone,
| 2 |
| (v) dihydrotestosterone,
| 3 |
| (vi) drostanolone,
| 4 |
| (vii) ethylestrenol,
| 5 |
| (viii) fluoxymesterone,
| 6 |
| (ix) formebulone,
| 7 |
| (x) mesterolone,
| 8 |
| (xi) methandienone,
| 9 |
| (xii) methandranone,
| 10 |
| (xiii) methandriol,
| 11 |
| (xiv) methandrostenolone,
| 12 |
| (xv) methenolone,
| 13 |
| (xvi) methyltestosterone,
| 14 |
| (xvii) mibolerone,
| 15 |
| (xviii) nandrolone,
| 16 |
| (xix) norethandrolone,
| 17 |
| (xx) oxandrolone,
| 18 |
| (xxi) oxymesterone,
| 19 |
| (xxii) oxymetholone,
| 20 |
| (xxiii) stanolone,
| 21 |
| (xxiv) stanozolol,
| 22 |
| (xxv) testolactone,
| 23 |
| (xxvi) testosterone,
| 24 |
| (xxvii) trenbolone, and
| 25 |
| (xxviii) any salt, ester, or isomer of a drug or | 26 |
| substance described
or listed in this paragraph, if |
|
|
|
09600SB2269sam001 |
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| that salt, ester, or isomer promotes muscle
growth.
| 2 |
| Any person who is otherwise lawfully in possession of an | 3 |
| anabolic
steroid, or who otherwise lawfully manufactures, | 4 |
| distributes, dispenses,
delivers, or possesses with intent to | 5 |
| deliver an anabolic steroid, which
anabolic steroid is | 6 |
| expressly intended for and lawfully allowed to be
administered | 7 |
| through implants to livestock or other nonhuman species, and
| 8 |
| which is approved by the Secretary of Health and Human Services | 9 |
| for such
administration, and which the person intends to | 10 |
| administer or have
administered through such implants, shall | 11 |
| not be considered to be in
unauthorized possession or to | 12 |
| unlawfully manufacture, distribute, dispense,
deliver, or | 13 |
| possess with intent to deliver such anabolic steroid for
| 14 |
| purposes of this Act.
| 15 |
| (d) "Administration" means the Drug Enforcement | 16 |
| Administration,
United States Department of Justice, or its | 17 |
| successor agency.
| 18 |
| (e) "Control" means to add a drug or other substance, or | 19 |
| immediate
precursor, to a Schedule under Article II of this Act | 20 |
| whether by
transfer from another Schedule or otherwise.
| 21 |
| (f) "Controlled Substance" means a drug, substance, or | 22 |
| immediate
precursor in the Schedules of Article II of this Act.
| 23 |
| (g) "Counterfeit substance" means a controlled substance, | 24 |
| which, or
the container or labeling of which, without | 25 |
| authorization bears the
trademark, trade name, or other | 26 |
| identifying mark, imprint, number or
device, or any likeness |
|
|
|
09600SB2269sam001 |
- 26 - |
LRB096 11426 DRJ 24021 a |
|
| 1 |
| thereof, of a manufacturer, distributor, or
dispenser other | 2 |
| than the person who in fact manufactured, distributed,
or | 3 |
| dispensed the substance.
| 4 |
| (h) "Deliver" or "delivery" means the actual, constructive | 5 |
| or
attempted transfer of possession of a controlled substance, | 6 |
| with or
without consideration, whether or not there is an | 7 |
| agency relationship.
The term does not include the donation of | 8 |
| prescription drugs to the extent permitted under the Illinois | 9 |
| Prescription Drug Repository Program Act.
| 10 |
| (i) "Department" means the Illinois Department of Human | 11 |
| Services (as
successor to the Department of Alcoholism and | 12 |
| Substance Abuse) or its successor agency.
| 13 |
| (j) "Department of State Police" means the Department of | 14 |
| State
Police of the State of Illinois or its successor agency.
| 15 |
| (k) "Department of Corrections" means the Department of | 16 |
| Corrections
of the State of Illinois or its successor agency.
| 17 |
| (l) "Department of Professional Regulation" means the | 18 |
| Department
of Professional Regulation of the State of Illinois | 19 |
| or its successor agency.
| 20 |
| (m) "Depressant" or "stimulant substance" means:
| 21 |
| (1) a drug which contains any quantity of (i) | 22 |
| barbituric acid or
any of the salts of barbituric acid | 23 |
| which has been designated as habit
forming under section | 24 |
| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | 25 |
| U.S.C. 352 (d)); or
| 26 |
| (2) a drug which contains any quantity of (i) |
|
|
|
09600SB2269sam001 |
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| amphetamine or
methamphetamine and any of their optical | 2 |
| isomers; (ii) any salt of
amphetamine or methamphetamine or | 3 |
| any salt of an optical isomer of
amphetamine; or (iii) any | 4 |
| substance which the Department, after
investigation, has | 5 |
| found to be, and by rule designated as, habit forming
| 6 |
| because of its depressant or stimulant effect on the | 7 |
| central nervous
system; or
| 8 |
| (3) lysergic acid diethylamide; or
| 9 |
| (4) any drug which contains any quantity of a substance | 10 |
| which the
Department, after investigation, has found to | 11 |
| have, and by rule
designated as having, a potential for | 12 |
| abuse because of its depressant or
stimulant effect on the | 13 |
| central nervous system or its hallucinogenic
effect.
| 14 |
| (n) (Blank).
| 15 |
| (o) "Director" means the Director of the Department of | 16 |
| State Police or
the Department of Professional Regulation or | 17 |
| his designated agents.
| 18 |
| (p) "Dispense" means to deliver a controlled substance to | 19 |
| an
ultimate user or research subject by or pursuant to the | 20 |
| lawful order of
a prescriber, including the prescribing, | 21 |
| administering, packaging,
labeling, or compounding necessary | 22 |
| to prepare the substance for that
delivery.
| 23 |
| (q) "Dispenser" means a practitioner who dispenses.
| 24 |
| (r) "Distribute" means to deliver, other than by | 25 |
| administering or
dispensing, a controlled substance.
| 26 |
| (s) "Distributor" means a person who distributes.
|
|
|
|
09600SB2269sam001 |
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| (t) "Drug" means (1) substances recognized as drugs in the | 2 |
| official
United States Pharmacopoeia, Official Homeopathic | 3 |
| Pharmacopoeia of the
United States, or official National | 4 |
| Formulary, or any supplement to any
of them; (2) substances | 5 |
| intended for use in diagnosis, cure, mitigation,
treatment, or | 6 |
| prevention of disease in man or animals; (3) substances
(other | 7 |
| than food) intended to affect the structure of any function of
| 8 |
| the body of man or animals and (4) substances intended for use | 9 |
| as a
component of any article specified in clause (1), (2), or | 10 |
| (3) of this
subsection. It does not include devices or their | 11 |
| components, parts, or
accessories.
| 12 |
| (t-5) "Euthanasia agency" means
an entity certified by the | 13 |
| Department of Professional Regulation for the
purpose of animal | 14 |
| euthanasia that holds an animal control facility license or
| 15 |
| animal
shelter license under the Animal Welfare Act. A | 16 |
| euthanasia agency is
authorized to purchase, store, possess, | 17 |
| and utilize Schedule II nonnarcotic and
Schedule III | 18 |
| nonnarcotic drugs for the sole purpose of animal euthanasia.
| 19 |
| (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 20 |
| substances
(nonnarcotic controlled substances) that are used | 21 |
| by a euthanasia agency for
the purpose of animal euthanasia.
| 22 |
| (u) "Good faith" means the prescribing or dispensing of a | 23 |
| controlled
substance by a practitioner in the regular course of | 24 |
| professional
treatment to or for any person who is under his | 25 |
| treatment for a
pathology or condition other than that | 26 |
| individual's physical or
psychological dependence upon or |
|
|
|
09600SB2269sam001 |
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| addiction to a controlled substance,
except as provided herein: | 2 |
| and application of the term to a pharmacist
shall mean the | 3 |
| dispensing of a controlled substance pursuant to the
| 4 |
| prescriber's order which in the professional judgment of the | 5 |
| pharmacist
is lawful. The pharmacist shall be guided by | 6 |
| accepted professional
standards including, but not limited to | 7 |
| the following, in making the
judgment:
| 8 |
| (1) lack of consistency of doctor-patient | 9 |
| relationship,
| 10 |
| (2) frequency of prescriptions for same drug by one | 11 |
| prescriber for
large numbers of patients,
| 12 |
| (3) quantities beyond those normally prescribed,
| 13 |
| (4) unusual dosages,
| 14 |
| (5) unusual geographic distances between patient, | 15 |
| pharmacist and
prescriber,
| 16 |
| (6) consistent prescribing of habit-forming drugs.
| 17 |
| (u-1) "Home infusion services" means services provided by a | 18 |
| pharmacy in
compounding solutions for direct administration to | 19 |
| a patient in a private
residence, long-term care facility, or | 20 |
| hospice setting by means of parenteral,
intravenous, | 21 |
| intramuscular, subcutaneous, or intraspinal infusion.
| 22 |
| (v) "Immediate precursor" means a substance:
| 23 |
| (1) which the Department has found to be and by rule | 24 |
| designated as
being a principal compound used, or produced | 25 |
| primarily for use, in the
manufacture of a controlled | 26 |
| substance;
|
|
|
|
09600SB2269sam001 |
- 30 - |
LRB096 11426 DRJ 24021 a |
|
| 1 |
| (2) which is an immediate chemical intermediary used or | 2 |
| likely to
be used in the manufacture of such controlled | 3 |
| substance; and
| 4 |
| (3) the control of which is necessary to prevent, | 5 |
| curtail or limit
the manufacture of such controlled | 6 |
| substance.
| 7 |
| (w) "Instructional activities" means the acts of teaching, | 8 |
| educating
or instructing by practitioners using controlled | 9 |
| substances within
educational facilities approved by the State | 10 |
| Board of Education or
its successor agency.
| 11 |
| (x) "Local authorities" means a duly organized State, | 12 |
| County or
Municipal peace unit or police force.
| 13 |
| (y) "Look-alike substance" means a substance, other than a | 14 |
| controlled
substance which (1) by overall dosage unit | 15 |
| appearance, including shape,
color, size, markings or lack | 16 |
| thereof, taste, consistency, or any other
identifying physical | 17 |
| characteristic of the substance, would lead a reasonable
person | 18 |
| to believe that the substance is a controlled substance, or (2) | 19 |
| is
expressly or impliedly represented to be a controlled | 20 |
| substance or is
distributed under circumstances which would | 21 |
| lead a reasonable person to
believe that the substance is a | 22 |
| controlled substance. For the purpose of
determining whether | 23 |
| the representations made or the circumstances of the
| 24 |
| distribution would lead a reasonable person to believe the | 25 |
| substance to be
a controlled substance under this clause (2) of | 26 |
| subsection (y), the court or
other authority may consider the |
|
|
|
09600SB2269sam001 |
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| following factors in addition to any other
factor that may be | 2 |
| relevant:
| 3 |
| (a) statements made by the owner or person in control | 4 |
| of the substance
concerning its nature, use or effect;
| 5 |
| (b) statements made to the buyer or recipient that the | 6 |
| substance may
be resold for profit;
| 7 |
| (c) whether the substance is packaged in a manner | 8 |
| normally used for the
illegal distribution of controlled | 9 |
| substances;
| 10 |
| (d) whether the distribution or attempted distribution | 11 |
| included an
exchange of or demand for money or other | 12 |
| property as consideration, and
whether the amount of the | 13 |
| consideration was substantially greater than the
| 14 |
| reasonable retail market value of the substance.
| 15 |
| Clause (1) of this subsection (y) shall not apply to a | 16 |
| noncontrolled
substance in its finished dosage form that was | 17 |
| initially introduced into
commerce prior to the initial | 18 |
| introduction into commerce of a controlled
substance in its | 19 |
| finished dosage form which it may substantially resemble.
| 20 |
| Nothing in this subsection (y) prohibits the dispensing or | 21 |
| distributing
of noncontrolled substances by persons authorized | 22 |
| to dispense and
distribute controlled substances under this | 23 |
| Act, provided that such action
would be deemed to be carried | 24 |
| out in good faith under subsection (u) if the
substances | 25 |
| involved were controlled substances.
| 26 |
| Nothing in this subsection (y) or in this Act prohibits the |
|
|
|
09600SB2269sam001 |
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| manufacture,
preparation, propagation, compounding, | 2 |
| processing, packaging, advertising
or distribution of a drug or | 3 |
| drugs by any person registered pursuant to
Section 510 of the | 4 |
| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 5 |
| (y-1) "Mail-order pharmacy" means a pharmacy that is | 6 |
| located in a state
of the United States, other than Illinois, | 7 |
| that delivers, dispenses or
distributes, through the United | 8 |
| States Postal Service or other common
carrier, to Illinois | 9 |
| residents, any substance which requires a prescription.
| 10 |
| (z) "Manufacture" means the production, preparation, | 11 |
| propagation,
compounding, conversion or processing of a | 12 |
| controlled substance other than methamphetamine, either
| 13 |
| directly or indirectly, by extraction from substances of | 14 |
| natural origin,
or independently by means of chemical | 15 |
| synthesis, or by a combination of
extraction and chemical | 16 |
| synthesis, and includes any packaging or
repackaging of the | 17 |
| substance or labeling of its container, except that
this term | 18 |
| does not include:
| 19 |
| (1) by an ultimate user, the preparation or compounding | 20 |
| of a
controlled substance for his own use; or
| 21 |
| (2) by a practitioner, or his authorized agent under | 22 |
| his
supervision, the preparation, compounding, packaging, | 23 |
| or labeling of a
controlled substance:
| 24 |
| (a) as an incident to his administering or | 25 |
| dispensing of a
controlled substance in the course of | 26 |
| his professional practice; or
|
|
|
|
09600SB2269sam001 |
- 33 - |
LRB096 11426 DRJ 24021 a |
|
| 1 |
| (b) as an incident to lawful research, teaching or | 2 |
| chemical
analysis and not for sale ; or .
| 3 |
| (3) the packaging, repackaging, or labeling of | 4 |
| prescription drugs only to the extent required under the | 5 |
| Illinois Prescription Drug Repository Program Act. | 6 |
| (z-1) (Blank).
| 7 |
| (aa) "Narcotic drug" means any of the following, whether | 8 |
| produced
directly or indirectly by extraction from substances | 9 |
| of natural origin,
or independently by means of chemical | 10 |
| synthesis, or by a combination of
extraction and chemical | 11 |
| synthesis:
| 12 |
| (1) opium and opiate, and any salt, compound, | 13 |
| derivative, or
preparation of opium or opiate;
| 14 |
| (2) any salt, compound, isomer, derivative, or | 15 |
| preparation thereof
which is chemically equivalent or | 16 |
| identical with any of the substances
referred to in clause | 17 |
| (1), but not including the isoquinoline alkaloids
of opium;
| 18 |
| (3) opium poppy and poppy straw;
| 19 |
| (4) coca leaves and any salts, compound, isomer, salt | 20 |
| of an isomer,
derivative, or preparation of coca leaves | 21 |
| including cocaine or ecgonine,
and any salt, compound, | 22 |
| isomer, derivative, or preparation thereof which is
| 23 |
| chemically equivalent or identical with any of these | 24 |
| substances, but not
including decocainized coca leaves or | 25 |
| extractions of coca leaves which do
not contain cocaine or | 26 |
| ecgonine (for the purpose of this paragraph, the
term |
|
|
|
09600SB2269sam001 |
- 34 - |
LRB096 11426 DRJ 24021 a |
|
| 1 |
| "isomer" includes optical, positional and geometric | 2 |
| isomers).
| 3 |
| (bb) "Nurse" means a registered nurse licensed under the
| 4 |
| Nurse Practice Act.
| 5 |
| (cc) (Blank).
| 6 |
| (dd) "Opiate" means any substance having an addiction | 7 |
| forming or
addiction sustaining liability similar to morphine | 8 |
| or being capable of
conversion into a drug having addiction | 9 |
| forming or addiction sustaining
liability.
| 10 |
| (ee) "Opium poppy" means the plant of the species Papaver
| 11 |
| somniferum L., except its seeds.
| 12 |
| (ff) "Parole and Pardon Board" means the Parole and Pardon | 13 |
| Board of
the State of Illinois or its successor agency.
| 14 |
| (gg) "Person" means any individual, corporation, | 15 |
| mail-order pharmacy,
government or governmental subdivision or | 16 |
| agency, business trust, estate,
trust, partnership or | 17 |
| association, or any other entity.
| 18 |
| (hh) "Pharmacist" means any person who holds a license or | 19 |
| certificate of
registration as a registered pharmacist, a local | 20 |
| registered pharmacist
or a registered assistant pharmacist | 21 |
| under the Pharmacy Practice Act.
| 22 |
| (ii) "Pharmacy" means any store, ship or other place in | 23 |
| which
pharmacy is authorized to be practiced under the Pharmacy | 24 |
| Practice Act.
| 25 |
| (jj) "Poppy straw" means all parts, except the seeds, of | 26 |
| the opium
poppy, after mowing.
|
|
|
|
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| (kk) "Practitioner" means a physician licensed to practice | 2 |
| medicine in all
its branches, dentist, optometrist, | 3 |
| podiatrist,
veterinarian, scientific investigator, pharmacist, | 4 |
| physician assistant,
advanced practice nurse,
licensed | 5 |
| practical
nurse, registered nurse, hospital, laboratory, or | 6 |
| pharmacy, or other
person licensed, registered, or otherwise | 7 |
| lawfully permitted by the
United States or this State to | 8 |
| distribute, dispense, conduct research
with respect to, | 9 |
| administer or use in teaching or chemical analysis, a
| 10 |
| controlled substance in the course of professional practice or | 11 |
| research.
| 12 |
| (ll) "Pre-printed prescription" means a written | 13 |
| prescription upon which
the designated drug has been indicated | 14 |
| prior to the time of issuance.
| 15 |
| (mm) "Prescriber" means a physician licensed to practice | 16 |
| medicine in all
its branches, dentist, optometrist, podiatrist | 17 |
| or
veterinarian who issues a prescription, a physician | 18 |
| assistant who
issues a
prescription for a Schedule III, IV, or | 19 |
| V controlled substance
in accordance
with Section 303.05 and | 20 |
| the written guidelines required under Section 7.5
of the
| 21 |
| Physician Assistant Practice Act of 1987, or an advanced | 22 |
| practice
nurse with prescriptive authority delegated under | 23 |
| Section 65-40 of the Nurse Practice Act and in accordance with | 24 |
| Section 303.05
and a written
collaborative agreement under | 25 |
| Section 65-35 of the Nurse Practice Act.
| 26 |
| (nn) "Prescription" means a lawful written, facsimile, or |
|
|
|
09600SB2269sam001 |
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|
| 1 |
| verbal order
of
a physician licensed to practice medicine in | 2 |
| all its branches,
dentist, podiatrist or veterinarian for any | 3 |
| controlled
substance, of an optometrist for a Schedule III, IV, | 4 |
| or V controlled substance in accordance with Section 15.1 of | 5 |
| the Illinois Optometric Practice Act of 1987, of a physician | 6 |
| assistant for a Schedule III, IV, or V
controlled substance
in | 7 |
| accordance with Section 303.05 and the written guidelines | 8 |
| required under
Section 7.5 of the
Physician Assistant Practice | 9 |
| Act of 1987, or of an advanced practice
nurse with prescriptive | 10 |
| authority delegated under Section 65-40 of the Nurse Practice | 11 |
| Act who issues a prescription for a Schedule III, IV, or V
| 12 |
| controlled substance in accordance
with
Section 303.05 and a | 13 |
| written collaborative agreement under Section 65-35 of the | 14 |
| Nurse Practice Act.
| 15 |
| (oo) "Production" or "produce" means manufacture, | 16 |
| planting,
cultivating, growing, or harvesting of a controlled | 17 |
| substance other than methamphetamine.
| 18 |
| (pp) "Registrant" means every person who is required to | 19 |
| register
under Section 302 of this Act.
| 20 |
| (qq) "Registry number" means the number assigned to each | 21 |
| person
authorized to handle controlled substances under the | 22 |
| laws of the United
States and of this State.
| 23 |
| (rr) "State" includes the State of Illinois and any state, | 24 |
| district,
commonwealth, territory, insular possession thereof, | 25 |
| and any area
subject to the legal authority of the United | 26 |
| States of America.
|
|
|
|
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| (ss) "Ultimate user" means a person who lawfully possesses | 2 |
| a
controlled substance for his own use or for the use of a | 3 |
| member of his
household or for administering to an animal owned | 4 |
| by him or by a member
of his household.
| 5 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08; | 6 |
| 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff. | 7 |
| 8-21-08.)
| 8 |
| Section 95. The Cannabis and Controlled Substances Tort | 9 |
| Claims Act is amended by changing Section 3 as follows:
| 10 |
| (740 ILCS 20/3) (from Ch. 70, par. 903)
| 11 |
| Sec. 3. Definitions. As used in this Act, unless the | 12 |
| context otherwise
requires:
| 13 |
| "Cannabis" includes marihuana, hashish, and other | 14 |
| substances that
are identified as including any parts of the | 15 |
| plant Cannabis Sativa, whether
growing or not, the seeds of | 16 |
| that plant, the resin extracted from any part of
that plant, | 17 |
| and any compound, manufacture, salt, derivative, mixture, or
| 18 |
| preparation of that plant, its seeds, or resin, including
| 19 |
| tetrahydrocannabinol (THC) and all other cannabinol | 20 |
| derivatives, including
its naturally occurring or | 21 |
| synthetically produced ingredients, whether
produced directly | 22 |
| or indirectly by extraction, independently by means of
chemical | 23 |
| synthesis, or by a combination of extraction and chemical
| 24 |
| synthesis. "Cannabis" does not include the mature stalks of |
|
|
|
09600SB2269sam001 |
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| that plant, fiber
produced from those stalks, oil or cake made | 2 |
| from the seeds of that plant,
any other compound, manufacture, | 3 |
| salt, derivative, mixture, or preparation
of mature stalks | 4 |
| (except the extracted resin), fiber, oil
or cake, or the | 5 |
| sterilized seeds of that plant that are incapable of
| 6 |
| germination.
| 7 |
| "Controlled substance" means a drug, substance, or | 8 |
| immediate precursor in
the Schedules of Article II of the | 9 |
| Illinois Controlled Substances Act.
| 10 |
| "Counterfeit substance" means a controlled substance or | 11 |
| the container or
labeling of a controlled substance that, | 12 |
| without authorization, bears the
trademark, trade name, or | 13 |
| other identifying mark, imprint, number, device,
or any | 14 |
| likeness thereof of a manufacturer, distributor, or dispenser | 15 |
| other
than the person who in fact manufactured, distributed, or | 16 |
| dispensed the
substance.
| 17 |
| "Deliver" or "delivery" means the actual, constructive, or | 18 |
| attempted
transfer of possession of a controlled substance or | 19 |
| cannabis, with or
without consideration, whether or not there | 20 |
| is an agency relationship. The term does not include the | 21 |
| donation of prescription drugs to the extent permitted under | 22 |
| the Illinois Prescription Drug Repository Program Act.
| 23 |
| "Manufacture" means the production, preparation, | 24 |
| propagation,
compounding, conversion, or processing of a | 25 |
| controlled substance, either
directly or indirectly, by | 26 |
| extraction from substances of natural origin,
independently by |
|
|
|
09600SB2269sam001 |
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| means of chemical synthesis, or by a combination of
extraction | 2 |
| and chemical synthesis, and includes any packaging or
| 3 |
| repackaging of the substance or labeling of its container, | 4 |
| except that the
term does not include:
| 5 |
| (1) by an ultimate user, the preparation or compounding | 6 |
| of a
controlled substance for his own use;
| 7 |
| (2) by a practitioner or his authorized agent under his | 8 |
| supervision,
the preparation, compounding, packaging, or | 9 |
| labeling of a controlled substance : ;
| 10 |
| (A) as an incident to his administering or | 11 |
| dispensing of a controlled
substance in the course of | 12 |
| his professional practice; or
| 13 |
| (B) as an incident to lawful research, teaching or | 14 |
| chemical analysis
and not for sale; or
| 15 |
| (3) the preparation, compounding, packaging, or | 16 |
| labeling of cannabis
as an incident to lawful research, | 17 |
| teaching, or chemical analysis and not
for sale ; or .
| 18 |
| (4) the packaging, repackaging, or labeling of | 19 |
| prescription drugs only to the extent required under the | 20 |
| Illinois Prescription Drug Repository Program Act. | 21 |
| "Owner" means a person who has possession of or any | 22 |
| interest
whatsoever in the property involved.
| 23 |
| "Person" means an individual, a corporation, a government,
| 24 |
| a governmental subdivision or agency, a business trust, an | 25 |
| estate, a trust,
a partnership or association, or any other | 26 |
| entity.
|
|
|
|
09600SB2269sam001 |
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LRB096 11426 DRJ 24021 a |
|
| 1 |
| "Production" means planting, cultivating, tending, or | 2 |
| harvesting.
| 3 |
| "Property" means real property, including things growing | 4 |
| on,
affixed to, and found in land, and tangible or intangible | 5 |
| personal
property, including rights, services, privileges, | 6 |
| interests, claims,
and securities.
| 7 |
| (Source: P.A. 87-544; revised 10-23-08.)
| 8 |
| Section 99. Effective date. This Act takes effect July 1, | 9 |
| 2010.".
|
|