Full Text of HB1528 97th General Assembly
HB1528eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning controlled substances.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Sections 303.05 and 312 and by adding | 6 | | Section 311.5 as follows:
| 7 | | (720 ILCS 570/303.05)
| 8 | | Sec. 303.05. Mid-level practitioner registration.
| 9 | | (a) The Department of Financial and Professional | 10 | | Regulation shall register licensed
physician assistants and | 11 | | licensed advanced practice nurses to prescribe and
dispense | 12 | | controlled substances under Section 303 and euthanasia
| 13 | | agencies to purchase, store, or administer animal euthanasia | 14 | | drugs under the
following circumstances:
| 15 | | (1) with respect to physician assistants,
| 16 | | (A) the physician assistant has been
delegated | 17 | | written
authority to prescribe any Schedule III | 18 | | through V controlled substances by a physician | 19 | | licensed to practice medicine in all its
branches in | 20 | | accordance with Section 7.5 of the Physician Assistant | 21 | | Practice Act
of 1987;
and
the physician assistant has
| 22 | | completed the
appropriate application forms and has | 23 | | paid the required fees as set by rule;
or
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| 1 | | (B) the physician assistant has been delegated
| 2 | | authority by a supervising physician licensed to | 3 | | practice medicine in all its branches to prescribe or | 4 | | dispense Schedule II controlled substances through a | 5 | | written delegation of authority and under the | 6 | | following conditions: | 7 | | (i) no more than 5 Schedule II controlled | 8 | | substances by oral dosage may be delegated; | 9 | | (ii) any delegation must be of controlled | 10 | | substances prescribed by the supervising | 11 | | physician; | 12 | | (iii) all prescriptions must be limited to no | 13 | | more than a 30-day oral dosage, with any | 14 | | continuation authorized only after prior approval | 15 | | of the supervising physician; | 16 | | (iv) the physician assistant must discuss the | 17 | | condition of any patients for whom a controlled | 18 | | substance is prescribed monthly with the | 19 | | delegating physician; and | 20 | | (v) the physician assistant must have | 21 | | completed the appropriate application forms and | 22 | | paid the required fees as set by rule; | 23 | | (2) with respect to advanced practice nurses, | 24 | | (A) the advanced practice nurse has been delegated
| 25 | | authority to prescribe any Schedule III through V | 26 | | controlled substances by a physician licensed to |
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| 1 | | practice medicine in all its branches or a podiatrist | 2 | | in accordance with Sections 65-35 and Section 65-40 of | 3 | | the Nurse Practice
Act. The advanced practice nurse has | 4 | | completed the
appropriate application forms and has | 5 | | paid the required
fees as set by rule; or | 6 | | (B) the advanced practice nurse has been delegated
| 7 | | authority by a collaborating physician licensed to | 8 | | practice medicine in all its branches to prescribe or | 9 | | dispense Schedule II controlled substances through a | 10 | | written delegation of authority and under the | 11 | | following conditions: | 12 | | (i) no more than 5 Schedule II controlled | 13 | | substances by oral dosage may be delegated; | 14 | | (ii) any delegation must be of controlled | 15 | | substances prescribed by the collaborating | 16 | | physician; | 17 | | (iii) all prescriptions must be limited to no | 18 | | more than a 30-day oral dosage, with any | 19 | | continuation authorized only after prior approval | 20 | | of the collaborating physician; | 21 | | (iv) the advanced practice nurse must discuss | 22 | | the condition of any patients for whom a controlled | 23 | | substance is prescribed monthly with the | 24 | | delegating physician or in the course of review as | 25 | | required by the Nurse Practice Act ; and | 26 | | (v) the advanced practice nurse must have |
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| 1 | | completed the appropriate application forms and | 2 | | paid the required fees as set by rule; or | 3 | | (3) with respect to animal euthanasia agencies, the | 4 | | euthanasia agency has
obtained a license from the | 5 | | Department of Financial and
Professional Regulation and | 6 | | obtained a registration number from the
Department.
| 7 | | (b) The mid-level practitioner shall only be licensed to | 8 | | prescribe those
schedules of controlled substances for which a | 9 | | licensed physician or licensed podiatrist has delegated
| 10 | | prescriptive authority, except that an animal euthanasia | 11 | | agency does not have any
prescriptive authority.
A physician | 12 | | assistant and an advanced practice nurse are prohibited from | 13 | | prescribing medications and controlled substances not set | 14 | | forth in the required written delegation of authority.
| 15 | | (c) Upon completion of all registration requirements, | 16 | | physician
assistants, advanced practice nurses, and animal | 17 | | euthanasia agencies may shall be issued a
mid-level | 18 | | practitioner
controlled substances license for Illinois.
| 19 | | (Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09; | 20 | | 96-268, eff. 8-11-09; 96-1000, eff. 7-2-10.)
| 21 | | (720 ILCS 570/311.5 new) | 22 | | Sec. 311.5. Electronic prescriptions for controlled | 23 | | substances. Notwithstanding any other Section in this Act, a | 24 | | prescriber who is otherwise authorized to prescribe controlled | 25 | | substances in Illinois may issue an electronic prescription for |
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| 1 | | Schedule II, III, IV, and V controlled substances if done in | 2 | | accordance with the federal rules for electronic prescriptions | 3 | | for controlled substances, as set forth in 21 C.F.R. Parts | 4 | | 1300, 1304, 1306, and 1311.
| 5 | | (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
| 6 | | Sec. 312. Requirements for dispensing controlled | 7 | | substances.
| 8 | | (a) A practitioner, in good faith, may dispense a Schedule
| 9 | | II controlled substance, which is a narcotic drug listed in | 10 | | Section 206
of this Act; or which contains any quantity of | 11 | | amphetamine or
methamphetamine, their salts, optical isomers | 12 | | or salts of optical
isomers; phenmetrazine and its salts; or | 13 | | pentazocine; and Schedule III, IV, or V controlled substances
| 14 | | to any person upon
a written or electronic prescription of any | 15 | | prescriber, dated and signed
by the
person prescribing (or | 16 | | electronically validated in compliance with Section 311.5) on | 17 | | the day when issued and bearing the name and
address of the | 18 | | patient for whom, or the owner of the animal for which
the | 19 | | controlled substance is dispensed, and the full name, address | 20 | | and
registry number under the laws of the United States | 21 | | relating to
controlled substances of the prescriber, if he or | 22 | | she is
required by
those laws to be registered. If the | 23 | | prescription is for an animal it
shall state the species of | 24 | | animal for which it is ordered. The
practitioner filling the | 25 | | prescription shall , unless otherwise permitted, write the date |
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| 1 | | of filling
and his or her own signature on the face of the | 2 | | written prescription or, alternatively, shall indicate such | 3 | | filling using a unique identifier as defined in paragraph (v) | 4 | | of Section 3 of the Pharmacy Practice Act .
The written | 5 | | prescription shall be
retained on file by the practitioner who | 6 | | filled it or pharmacy in which
the prescription was filled for | 7 | | a period of 2 years, so as to be readily
accessible for | 8 | | inspection or removal by any officer or employee engaged
in the | 9 | | enforcement of this Act. Whenever the practitioner's or
| 10 | | pharmacy's copy of any prescription is removed by an officer or
| 11 | | employee engaged in the enforcement of this Act, for the | 12 | | purpose of
investigation or as evidence, such officer or | 13 | | employee shall give to the
practitioner or pharmacy a receipt | 14 | | in lieu thereof. If the specific prescription is machine or | 15 | | computer generated and printed at the prescriber's office, the | 16 | | date does not need to be handwritten. A prescription
for a | 17 | | Schedule II controlled substance shall not be issued for filled | 18 | | more than a 30 day supply, except as provided in subsection | 19 | | (a-5), and shall be valid for up to 90 days
after the date of | 20 | | issuance. A written prescription for Schedule III, IV or
V | 21 | | controlled substances shall not be filled or refilled more than | 22 | | 6 months
after the date thereof or refilled more than 5 times | 23 | | unless renewed, in
writing, by the prescriber.
| 24 | | (a-5) Physicians may issue multiple prescriptions (3 | 25 | | sequential 30-day supplies) for the same Schedule II controlled | 26 | | substance, authorizing up to a 90-day supply. Before |
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| 1 | | authorizing a 90-day supply of a Schedule II controlled | 2 | | substance, the physician must meet both of the following | 3 | | conditions: | 4 | | (1) Each separate prescription must be issued for a | 5 | | legitimate medical purpose by an individual physician | 6 | | acting in the usual course of professional practice. | 7 | | (2) The individual physician must provide written | 8 | | instructions on each prescription (other than the first | 9 | | prescription, if the prescribing physician intends for the | 10 | | prescription to be filled immediately) indicating the | 11 | | earliest date on which a pharmacy may fill that | 12 | | prescription. | 13 | | (b) In lieu of a written prescription required by this | 14 | | Section, a
pharmacist, in good faith, may dispense Schedule | 15 | | III, IV, or V
substances to any person either upon receiving a | 16 | | facsimile of a written,
signed prescription transmitted by the | 17 | | prescriber or the prescriber's agent
or upon a lawful oral | 18 | | prescription of a
prescriber which oral prescription shall be | 19 | | reduced
promptly to
writing by the pharmacist and such written | 20 | | memorandum thereof shall be
dated on the day when such oral | 21 | | prescription is received by the
pharmacist and shall bear the | 22 | | full name and address of the ultimate user
for whom, or of the | 23 | | owner of the animal for which the controlled
substance is | 24 | | dispensed, and the full name, address, and registry number
| 25 | | under the law of the United States relating to controlled | 26 | | substances of
the prescriber prescribing if he or she is |
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| 1 | | required by those laws
to be so
registered, and the pharmacist | 2 | | filling such oral prescription shall
write the date of filling | 3 | | and his or her own signature on the face of such
written | 4 | | memorandum thereof. The facsimile copy of the prescription or
| 5 | | written memorandum of the oral
prescription shall be retained | 6 | | on file by the proprietor of the pharmacy
in which it is filled | 7 | | for a period of not less than two years, so as to
be readily | 8 | | accessible for inspection by any officer or employee engaged
in | 9 | | the enforcement of this Act in the same manner as a written
| 10 | | prescription. The facsimile copy of the prescription or oral | 11 | | prescription
and the written memorandum thereof
shall not be | 12 | | filled or refilled more than 6 months after the date
thereof or | 13 | | be refilled more than 5 times, unless renewed, in writing, by
| 14 | | the prescriber.
| 15 | | (c) Except for any non-prescription targeted | 16 | | methamphetamine precursor regulated by the Methamphetamine | 17 | | Precursor Control Act, a
controlled substance included in | 18 | | Schedule V shall not be
distributed or dispensed other than for | 19 | | a medical purpose and not for
the purpose of evading this Act, | 20 | | and then:
| 21 | | (1) only personally by a person registered to dispense | 22 | | a Schedule V
controlled substance and then only to his or | 23 | | her patients, or
| 24 | | (2) only personally by a pharmacist, and then only to a | 25 | | person over
21 years of age who has identified himself or | 26 | | herself to the pharmacist by means of
2 positive documents |
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| 1 | | of identification.
| 2 | | (3) the dispenser shall record the name and address of | 3 | | the
purchaser, the name and quantity of the product, the | 4 | | date and time of
the sale, and the dispenser's signature.
| 5 | | (4) no person shall purchase or be dispensed more than | 6 | | 120
milliliters or more than 120 grams of any Schedule V | 7 | | substance which
contains codeine, dihydrocodeine, or any | 8 | | salts thereof, or
ethylmorphine, or any salts thereof, in | 9 | | any 96 hour period. The
purchaser shall sign a form, | 10 | | approved by the Department of Financial and Professional
| 11 | | Regulation, attesting that he or she has not purchased any | 12 | | Schedule V
controlled substances within the immediately | 13 | | preceding 96 hours.
| 14 | | (5) (Blank). a copy of the records of sale, including | 15 | | all information
required by paragraph (3), shall be | 16 | | forwarded to the Department of
Professional Regulation at | 17 | | its principal office by the 15th day of the following | 18 | | month.
| 19 | | (6) all records of purchases and sales shall be | 20 | | maintained for not
less than 2 years.
| 21 | | (7) no person shall obtain or attempt to obtain within | 22 | | any
consecutive 96 hour period any Schedule V substances of | 23 | | more than 120
milliliters or more than 120 grams containing | 24 | | codeine, dihydrocodeine or
any of its salts, or | 25 | | ethylmorphine or any of its salts. Any person
obtaining any | 26 | | such preparations or combination of preparations in excess
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| 1 | | of this limitation shall be in unlawful possession of such | 2 | | controlled
substance.
| 3 | | (8) a person qualified to dispense controlled | 4 | | substances under this
Act and registered thereunder shall | 5 | | at no time maintain or keep in stock
a quantity of Schedule | 6 | | V controlled substances defined and listed in
Section 212 | 7 | | (b) (1), (2) or (3) in excess of 4.5 liters for each
| 8 | | substance; a pharmacy shall at no time maintain or keep in | 9 | | stock a
quantity of Schedule V controlled substances as | 10 | | defined in excess of 4.5
liters for each substance, plus | 11 | | the additional quantity of controlled
substances necessary | 12 | | to fill the largest number of prescription orders
filled by | 13 | | that pharmacy for such controlled substances in any one | 14 | | week
in the previous year. These limitations shall not | 15 | | apply to Schedule V
controlled substances which Federal law | 16 | | prohibits from being dispensed
without a prescription.
| 17 | | (9) no person shall distribute or dispense butyl | 18 | | nitrite for
inhalation or other introduction into the human | 19 | | body for euphoric or
physical effect.
| 20 | | (d) Every practitioner shall keep a record or log of | 21 | | controlled substances
received by him or her and a record of | 22 | | all such controlled substances
administered, dispensed or | 23 | | professionally used by him or her otherwise than by
| 24 | | prescription. It shall, however, be sufficient compliance with | 25 | | this
paragraph if any practitioner utilizing controlled | 26 | | substances listed in
Schedules III, IV and V shall keep a |
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| 1 | | record of all those substances
dispensed and distributed by him | 2 | | or her other than those controlled substances
which are | 3 | | administered by the direct application of a controlled
| 4 | | substance, whether by injection, inhalation, ingestion, or any | 5 | | other
means to the body of a patient or research subject. A | 6 | | practitioner who
dispenses, other than by administering, a | 7 | | controlled substance in
Schedule II, which is a narcotic drug | 8 | | listed in Section 206 of this Act,
or which contains any | 9 | | quantity of amphetamine or methamphetamine, their
salts, | 10 | | optical isomers or salts of optical isomers, pentazocine, or
| 11 | | methaqualone shall do so only upon
the issuance of a written | 12 | | prescription blank or electronic prescription issued by a
| 13 | | prescriber.
| 14 | | (e) Whenever a manufacturer distributes a controlled | 15 | | substance in a
package prepared by him or her , and whenever a | 16 | | wholesale distributor
distributes a controlled substance in a | 17 | | package prepared by him or her or the
manufacturer, he or she | 18 | | shall securely affix to each package in which that
substance is | 19 | | contained a label showing in legible English the name and
| 20 | | address of the manufacturer, the distributor and the quantity, | 21 | | kind and
form of controlled substance contained therein. No | 22 | | person except a
pharmacist and only for the purposes of filling | 23 | | a prescription under
this Act, shall alter, deface or remove | 24 | | any label so affixed.
| 25 | | (f) Whenever a practitioner dispenses any controlled | 26 | | substance except a non-prescription Schedule V product or a |
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| 1 | | non-prescription targeted methamphetamine precursor regulated | 2 | | by the Methamphetamine Precursor Control Act, he or she
shall | 3 | | affix to the container in which such substance is sold or
| 4 | | dispensed, a label indicating the date of initial filling, the | 5 | | practitioner's
name and address, the name
of the patient, the | 6 | | name of the prescriber,
the directions
for use and cautionary | 7 | | statements, if any, contained in any prescription
or required | 8 | | by law, the proprietary name or names or the established name
| 9 | | of the controlled substance, and the dosage and quantity, | 10 | | except as otherwise
authorized by regulation by the Department | 11 | | of Financial and Professional Regulation. No
person shall | 12 | | alter, deface or remove any label so affixed as long as the | 13 | | specific medication remains in the container .
| 14 | | (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 or her by the person dispensing such substance.
| 21 | | (h) The responsibility for the proper prescribing or | 22 | | dispensing of
controlled substances that are under the | 23 | | prescriber's direct control is upon the prescriber . The and the | 24 | | responsibility for
the proper filling of a prescription for | 25 | | controlled substance drugs
rests with the pharmacist. An order | 26 | | purporting to be a prescription
issued to any individual, which |
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| 1 | | is not in the regular course of
professional treatment nor part | 2 | | of an authorized methadone maintenance
program, nor in | 3 | | legitimate and authorized research instituted by any
| 4 | | accredited hospital, educational institution, charitable | 5 | | foundation, or
federal, state or local governmental agency, and | 6 | | which is intended to
provide that individual with controlled | 7 | | substances sufficient to
maintain that individual's or any | 8 | | other individual's physical or
psychological addiction, | 9 | | habitual or customary use, dependence, or
diversion of that | 10 | | controlled substance is not a prescription within the
meaning | 11 | | and intent of this Act; and the person issuing it, shall be
| 12 | | subject to the penalties provided for violations of the law | 13 | | relating to
controlled substances.
| 14 | | (i) A prescriber shall not preprint or cause to be
| 15 | | preprinted a
prescription for any controlled substance; nor | 16 | | shall any practitioner
issue, fill or cause to be issued or | 17 | | filled, a preprinted prescription
for any controlled | 18 | | substance.
| 19 | | (i-5) A prescriber may use a machine or electronic device | 20 | | to individually generate a printed prescription, but the | 21 | | prescriber is still required to affix his or her manual | 22 | | signature. | 23 | | (j) No person shall manufacture, dispense, deliver, | 24 | | possess with
intent to deliver, prescribe, or administer or | 25 | | cause to be administered
under his or her direction any | 26 | | anabolic steroid, for any use in humans other than
the |
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| 1 | | treatment of disease in accordance with the order of a | 2 | | physician licensed
to practice medicine in all its branches for | 3 | | a
valid medical purpose in the course of professional practice. | 4 | | The use of
anabolic steroids for the purpose of hormonal | 5 | | manipulation that is intended
to increase muscle mass, strength | 6 | | or weight without a medical necessity to
do so, or for the | 7 | | intended purpose of improving physical appearance or
| 8 | | performance in any form of exercise, sport, or game, is not a | 9 | | valid medical
purpose or in the course of professional | 10 | | practice.
| 11 | | (Source: P.A. 96-166, eff. 1-1-10.)
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