Full Text of SB0689 99th General Assembly
SB0689 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0689 Introduced 2/3/2015, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED: |
| 225 ILCS 85/16b | | 720 ILCS 570/302 | from Ch. 56 1/2, par. 1302 |
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Amends the Pharmacy Practice Act. Provides that a patient's agent for picking up prescription orders from the prescriber or delivering prescription drugs to a patient includes an advanced practice nurse, practical nurse, or registered nurse licensed under the Nurse Practice Act who provides hospice services to a hospice patient or who provides home health services to a person. Amends the Illinois Controlled Substances Act. Provides that an advanced practice nurse, practical nurse, or registered nurse licensed under the Nurse Practice Act who provides hospice services to a hospice patient or who provides home health services to a person may lawfully possess controlled substances prescribed for the patient under a lawful prescription of a practitioner.
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| | A BILL FOR |
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| | | SB0689 | | LRB099 02679 RLC 22686 b |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Pharmacy Practice Act is amended by changing | 5 | | Section 16b as follows: | 6 | | (225 ILCS 85/16b) | 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 16b. Prescription pick up and drop off. Nothing | 9 | | contained in this Act shall prohibit a pharmacist or pharmacy, | 10 | | by means of its employee or by use of a common carrier or the | 11 | | U.S. mail, at the request of the patient, from picking up | 12 | | prescription orders from the prescriber or delivering | 13 | | prescription drugs to the patient or the patient's agent , | 14 | | including an advanced practice nurse, practical nurse, or | 15 | | registered nurse licensed under the Nurse Practice Act who | 16 | | provides hospice services to a hospice patient or who provides | 17 | | home health services to a person, at the residence or place of | 18 | | employment of the person for whom the prescription was issued | 19 | | or at the hospital or medical care facility in which the | 20 | | patient is confined. Conversely, the patient or patient's agent | 21 | | may drop off prescriptions at a designated area. In this | 22 | | Section, "home health services" has the meaning ascribed to it | 23 | | in the Home Health, Home Services, and Home Nursing Agency |
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| 1 | | Licensing Act; and "hospice patient" and "hospice services" | 2 | | have the meanings ascribed to them in the Hospice Program | 3 | | Licensing Act.
| 4 | | (Source: P.A. 95-689, eff. 10-29-07.) | 5 | | Section 10. The Illinois Controlled Substances Act is | 6 | | amended by changing Section 302 as follows: | 7 | | (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302) | 8 | | Sec. 302. (a) Every person who manufactures, distributes, | 9 | | or dispenses
any controlled substances, or engages in chemical | 10 | | analysis, and
instructional activities which utilize | 11 | | controlled substances,
or who purchases, stores, or | 12 | | administers euthanasia drugs, within this
State or who proposes | 13 | | to engage in the
manufacture, distribution, or dispensing of | 14 | | any controlled substance, or to
engage in chemical analysis, | 15 | | and instructional activities
which utilize controlled | 16 | | substances, or to engage in purchasing, storing, or
| 17 | | administering euthanasia drugs, within this State, must obtain | 18 | | a
registration issued by the Department of Financial and | 19 | | Professional Regulation in
accordance with its rules. The rules | 20 | | shall
include, but not be limited to, setting the expiration | 21 | | date and renewal
period for each registration under this Act. | 22 | | The Department,
any facility or service licensed by the | 23 | | Department, and any veterinary hospital or clinic operated by a | 24 | | veterinarian or veterinarians licensed under the Veterinary |
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| 1 | | Medicine and Surgery Practice Act of 2004 or maintained by a | 2 | | State-supported or publicly funded university or college shall | 3 | | be exempt
from the regulation requirements of this Section; | 4 | | however, such exemption shall not operate to bar the University | 5 | | of Illinois from requesting, nor the Department of Financial | 6 | | and Professional Regulation from issuing, a registration to the | 7 | | University of Illinois Veterinary Teaching Hospital under this | 8 | | Act. Neither a request for such registration nor the issuance | 9 | | of such registration to the University of Illinois shall | 10 | | operate to otherwise waive or modify the exemption provided in | 11 | | this subsection (a).
| 12 | | (b) Persons registered by the Department of Financial and | 13 | | Professional Regulation
under this Act to manufacture, | 14 | | distribute, or dispense controlled
substances, or purchase, | 15 | | store, or administer euthanasia drugs, may
possess, | 16 | | manufacture, distribute, or dispense those
substances, or | 17 | | purchase, store, or administer euthanasia drugs, to the
extent | 18 | | authorized by their registration and in conformity
with the | 19 | | other provisions of this Article.
| 20 | | (c) The following persons need not register and may | 21 | | lawfully possess
controlled substances under this Act:
| 22 | | (1) an agent or employee of any registered | 23 | | manufacturer, distributor, or
dispenser of any controlled | 24 | | substance if he or she is acting in the usual course
of his | 25 | | or her employer's lawful business or employment;
| 26 | | (2) a common or contract carrier or warehouseman, or an |
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| 1 | | agent or
employee thereof, whose possession of any | 2 | | controlled substance is in the
usual lawful course of such | 3 | | business or employment;
| 4 | | (3) an ultimate user or a person in possession of a | 5 | | controlled substance prescribed for the ultimate user | 6 | | under a lawful prescription of a practitioner, including an | 7 | | advanced practice nurse, practical nurse, or registered | 8 | | nurse licensed under the Nurse Practice Act who provides | 9 | | hospice services to a hospice patient or who provides home | 10 | | health services to a person, or a person in possession of | 11 | | any controlled
substance pursuant to a lawful prescription | 12 | | of a practitioner or in lawful
possession of a Schedule V | 13 | | substance . In this Section, "home health services" has the | 14 | | meaning ascribed to it in the Home Health, Home Services, | 15 | | and Home Nursing Agency Licensing Act; and "hospice | 16 | | patient" and "hospice services" have the meanings ascribed | 17 | | to them in the Hospice Program Licensing Act ;
| 18 | | (4) officers and employees of this State or of the | 19 | | United States while
acting in the lawful course of their | 20 | | official duties which requires
possession of controlled | 21 | | substances;
| 22 | | (5) a registered pharmacist who is employed in, or the | 23 | | owner of, a
pharmacy licensed under this Act and the | 24 | | Federal Controlled Substances Act,
at the licensed | 25 | | location, or if he or she is acting in the usual course of | 26 | | his or her
lawful profession, business, or employment.
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| 1 | | (d) A separate registration is required at each place of
| 2 | | business or professional practice where the applicant | 3 | | manufactures,
distributes, or dispenses controlled substances, | 4 | | or purchases, stores, or
administers euthanasia drugs.
Persons | 5 | | are required to obtain a separate registration for each
place | 6 | | of business or professional practice where controlled
| 7 | | substances are located or stored. A separate registration is
| 8 | | not required for every location at which a controlled substance
| 9 | | may be prescribed.
| 10 | | (e) The Department of Financial and Professional | 11 | | Regulation or the Illinois
State Police may inspect the | 12 | | controlled premises, as defined in Section
502 of this Act, of | 13 | | a registrant or applicant for registration in
accordance with | 14 | | this Act and the rules promulgated hereunder and with regard
to | 15 | | persons licensed by the Department, in accordance with | 16 | | subsection (bb)
of Section 30-5
of the Alcoholism and Other | 17 | | Drug Abuse and Dependency Act and
the rules and
regulations | 18 | | promulgated thereunder.
| 19 | | (Source: P.A. 96-219, eff. 8-10-09; 97-126, eff. 7-14-11; | 20 | | 97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
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