Full Text of HB3910 100th General Assembly
HB3910enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 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 102 and 312 as follows: | 6 | | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 7 | | Sec. 102. Definitions. As used in this Act, unless the | 8 | | context
otherwise requires:
| 9 | | (a) "Addict" means any person who habitually uses any drug, | 10 | | chemical,
substance or dangerous drug other than alcohol so as | 11 | | to endanger the public
morals, health, safety or welfare or who | 12 | | is so far addicted to the use of a
dangerous drug or controlled | 13 | | substance other than alcohol as to have lost
the power of self | 14 | | control with reference to his or her addiction.
| 15 | | (b) "Administer" means the direct application of a | 16 | | controlled
substance, whether by injection, inhalation, | 17 | | ingestion, or any other
means, to the body of a patient, | 18 | | research subject, or animal (as
defined by the Humane | 19 | | Euthanasia in Animal Shelters Act) by:
| 20 | | (1) a practitioner (or, in his or her presence, by his | 21 | | or her authorized agent),
| 22 | | (2) the patient or research subject pursuant to an | 23 | | order, or
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| 1 | | (3) a euthanasia technician as defined by the Humane | 2 | | Euthanasia in
Animal Shelters Act.
| 3 | | (c) "Agent" means an authorized person who acts on behalf | 4 | | of or at
the direction of a manufacturer, distributor, | 5 | | dispenser, prescriber, or practitioner. It does not
include a | 6 | | common or contract carrier, public warehouseman or employee of
| 7 | | the carrier or warehouseman.
| 8 | | (c-1) "Anabolic Steroids" means any drug or hormonal | 9 | | substance,
chemically and pharmacologically related to | 10 | | testosterone (other than
estrogens, progestins, | 11 | | corticosteroids, and dehydroepiandrosterone),
and includes:
| 12 | | (i) 3[beta],17-dihydroxy-5a-androstane, | 13 | | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | 14 | | (iii) 5[alpha]-androstan-3,17-dione, | 15 | | (iv) 1-androstenediol (3[beta], | 16 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 17 | | (v) 1-androstenediol (3[alpha], | 18 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 19 | | (vi) 4-androstenediol | 20 | | (3[beta],17[beta]-dihydroxy-androst-4-ene), | 21 | | (vii) 5-androstenediol | 22 | | (3[beta],17[beta]-dihydroxy-androst-5-ene), | 23 | | (viii) 1-androstenedione | 24 | | ([5alpha]-androst-1-en-3,17-dione), | 25 | | (ix) 4-androstenedione | 26 | | (androst-4-en-3,17-dione), |
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| 1 | | (x) 5-androstenedione | 2 | | (androst-5-en-3,17-dione), | 3 | | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | 4 | | hydroxyandrost-4-en-3-one), | 5 | | (xii) boldenone (17[beta]-hydroxyandrost- | 6 | | 1,4,-diene-3-one), | 7 | | (xiii) boldione (androsta-1,4- | 8 | | diene-3,17-dione), | 9 | | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | 10 | | [beta]-hydroxyandrost-4-en-3-one), | 11 | | (xv) clostebol (4-chloro-17[beta]- | 12 | | hydroxyandrost-4-en-3-one), | 13 | | (xvi) dehydrochloromethyltestosterone (4-chloro- | 14 | | 17[beta]-hydroxy-17[alpha]-methyl- | 15 | | androst-1,4-dien-3-one), | 16 | | (xvii) desoxymethyltestosterone | 17 | | (17[alpha]-methyl-5[alpha] | 18 | | -androst-2-en-17[beta]-ol)(a.k.a., madol), | 19 | | (xviii) [delta]1-dihydrotestosterone (a.k.a. | 20 | | '1-testosterone') (17[beta]-hydroxy- | 21 | | 5[alpha]-androst-1-en-3-one), | 22 | | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | 23 | | androstan-3-one), | 24 | | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | 25 | | 5[alpha]-androstan-3-one), | 26 | | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- |
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| 1 | | hydroxyestr-4-ene), | 2 | | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | 3 | | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | 4 | | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | 5 | | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | 6 | | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | 7 | | hydroxyandrostano[2,3-c]-furazan), | 8 | | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | 9 | | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | 10 | | androst-4-en-3-one), | 11 | | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | 12 | | dihydroxy-estr-4-en-3-one), | 13 | | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | 14 | | hydroxy-5-androstan-3-one), | 15 | | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | 16 | | [5a]-androstan-3-one), | 17 | | (xxx) methandienone (17[alpha]-methyl-17[beta]- | 18 | | hydroxyandrost-1,4-dien-3-one), | 19 | | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | 20 | | dihydroxyandrost-5-ene), | 21 | | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | 22 | | 5[alpha]-androst-1-en-3-one), | 23 | | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | 24 | | dihydroxy-5a-androstane), | 25 | | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | 26 | | -5a-androstane), |
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| 1 | | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | 2 | | dihydroxyandrost-4-ene), | 3 | | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | 4 | | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | 5 | | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | 6 | | hydroxyestra-4,9(10)-dien-3-one), | 7 | | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | 8 | | hydroxyestra-4,9-11-trien-3-one), | 9 | | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | 10 | | hydroxyandrost-4-en-3-one), | 11 | | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | 12 | | hydroxyestr-4-en-3-one), | 13 | | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | 14 | | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | 15 | | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | 16 | | 1-testosterone'), | 17 | | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | 18 | | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | 19 | | dihydroxyestr-4-ene), | 20 | | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | 21 | | dihydroxyestr-4-ene), | 22 | | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | 23 | | dihydroxyestr-5-ene), | 24 | | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | 25 | | dihydroxyestr-5-ene), | 26 | | (xlvii) 19-nor-4,9(10)-androstadienedione |
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| 1 | | (estra-4,9(10)-diene-3,17-dione), | 2 | | (xlviii) 19-nor-4-androstenedione (estr-4- | 3 | | en-3,17-dione), | 4 | | (xlix) 19-nor-5-androstenedione (estr-5- | 5 | | en-3,17-dione), | 6 | | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | 7 | | hydroxygon-4-en-3-one), | 8 | | (li) norclostebol (4-chloro-17[beta]- | 9 | | hydroxyestr-4-en-3-one), | 10 | | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | 11 | | hydroxyestr-4-en-3-one), | 12 | | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | 13 | | hydroxyestr-4-en-3-one), | 14 | | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | 15 | | 2-oxa-5[alpha]-androstan-3-one), | 16 | | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | 17 | | dihydroxyandrost-4-en-3-one), | 18 | | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | 19 | | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | 20 | | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | 21 | | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | 22 | | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | 23 | | (5[alpha]-androst-1-en-3-one), | 24 | | (lix) testolactone (13-hydroxy-3-oxo-13,17- | 25 | | secoandrosta-1,4-dien-17-oic | 26 | | acid lactone), |
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| 1 | | (lx) testosterone (17[beta]-hydroxyandrost- | 2 | | 4-en-3-one), | 3 | | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | 4 | | diethyl-17[beta]-hydroxygon- | 5 | | 4,9,11-trien-3-one), | 6 | | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | 7 | | 11-trien-3-one).
| 8 | | Any person who is otherwise lawfully in possession of an | 9 | | anabolic
steroid, or who otherwise lawfully manufactures, | 10 | | distributes, dispenses,
delivers, or possesses with intent to | 11 | | deliver an anabolic steroid, which
anabolic steroid is | 12 | | expressly intended for and lawfully allowed to be
administered | 13 | | through implants to livestock or other nonhuman species, and
| 14 | | which is approved by the Secretary of Health and Human Services | 15 | | for such
administration, and which the person intends to | 16 | | administer or have
administered through such implants, shall | 17 | | not be considered to be in
unauthorized possession or to | 18 | | unlawfully manufacture, distribute, dispense,
deliver, or | 19 | | possess with intent to deliver such anabolic steroid for
| 20 | | purposes of this Act.
| 21 | | (d) "Administration" means the Drug Enforcement | 22 | | Administration,
United States Department of Justice, or its | 23 | | successor agency.
| 24 | | (d-5) "Clinical Director, Prescription Monitoring Program" | 25 | | means a Department of Human Services administrative employee | 26 | | licensed to either prescribe or dispense controlled substances |
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| 1 | | who shall run the clinical aspects of the Department of Human | 2 | | Services Prescription Monitoring Program and its Prescription | 3 | | Information Library. | 4 | | (d-10) "Compounding" means the preparation and mixing of | 5 | | components, excluding flavorings, (1) as the result of a | 6 | | prescriber's prescription drug order or initiative based on the | 7 | | prescriber-patient-pharmacist relationship in the course of | 8 | | professional practice or (2) for the purpose of, or incident | 9 | | to, research, teaching, or chemical analysis and not for sale | 10 | | or dispensing. "Compounding" includes the preparation of drugs | 11 | | or devices in anticipation of receiving prescription drug | 12 | | orders based on routine, regularly observed dispensing | 13 | | patterns. Commercially available products may be compounded | 14 | | for dispensing to individual patients only if both of the | 15 | | following conditions are met: (i) the commercial product is not | 16 | | reasonably available from normal distribution channels in a | 17 | | timely manner to meet the patient's needs and (ii) the | 18 | | prescribing practitioner has requested that the drug be | 19 | | compounded. | 20 | | (e) "Control" means to add a drug or other substance, or | 21 | | immediate
precursor, to a Schedule whether by
transfer from | 22 | | another Schedule or otherwise.
| 23 | | (f) "Controlled Substance" means (i) a drug, substance, | 24 | | immediate
precursor, or synthetic drug in the Schedules of | 25 | | Article II of this Act or (ii) a drug or other substance, or | 26 | | immediate precursor, designated as a controlled substance by |
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| 1 | | the Department through administrative rule. The term does not | 2 | | include distilled spirits, wine, malt beverages, or tobacco, as | 3 | | those terms are
defined or used in the Liquor Control Act of | 4 | | 1934 and the Tobacco Products Tax
Act of 1995.
| 5 | | (f-5) "Controlled substance analog" means a substance: | 6 | | (1) the chemical structure of which is substantially | 7 | | similar to the chemical structure of a controlled substance | 8 | | in Schedule I or II; | 9 | | (2) which has a stimulant, depressant, or | 10 | | hallucinogenic effect on the central nervous system that is | 11 | | substantially similar to or greater than the stimulant, | 12 | | depressant, or hallucinogenic effect on the central | 13 | | nervous system of a controlled substance in Schedule I or | 14 | | II; or | 15 | | (3) with respect to a particular person, which such | 16 | | person represents or intends to have a stimulant, | 17 | | depressant, or hallucinogenic effect on the central | 18 | | nervous system that is substantially similar to or greater | 19 | | than the stimulant, depressant, or hallucinogenic effect | 20 | | on the central nervous system of a controlled substance in | 21 | | Schedule I or II. | 22 | | (g) "Counterfeit substance" means a controlled substance, | 23 | | which, or
the container or labeling of which, without | 24 | | authorization bears the
trademark, trade name, or other | 25 | | identifying mark, imprint, number or
device, or any likeness | 26 | | thereof, of a manufacturer, distributor, or
dispenser other |
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| 1 | | than the person who in fact manufactured, distributed,
or | 2 | | dispensed the substance.
| 3 | | (h) "Deliver" or "delivery" means the actual, constructive | 4 | | or
attempted transfer of possession of a controlled substance, | 5 | | with or
without consideration, whether or not there is an | 6 | | agency relationship.
| 7 | | (i) "Department" means the Illinois Department of Human | 8 | | Services (as
successor to the Department of Alcoholism and | 9 | | Substance Abuse) or its successor agency.
| 10 | | (j) (Blank).
| 11 | | (k) "Department of Corrections" means the Department of | 12 | | Corrections
of the State of Illinois or its successor agency.
| 13 | | (l) "Department of Financial and Professional Regulation" | 14 | | means the Department
of Financial and Professional Regulation | 15 | | of the State of Illinois or its successor agency.
| 16 | | (m) "Depressant" means any drug that (i) causes an overall | 17 | | depression of central nervous system functions, (ii) causes | 18 | | impaired consciousness and awareness, and (iii) can be | 19 | | habit-forming or lead to a substance abuse problem, including | 20 | | but not limited to alcohol, cannabis and its active principles | 21 | | and their analogs, benzodiazepines and their analogs, | 22 | | barbiturates and their analogs, opioids (natural and | 23 | | synthetic) and their analogs, and chloral hydrate and similar | 24 | | sedative hypnotics.
| 25 | | (n) (Blank).
| 26 | | (o) "Director" means the Director of the Illinois State |
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| 1 | | Police or his or her designated agents.
| 2 | | (p) "Dispense" means to deliver a controlled substance to | 3 | | an
ultimate user or research subject by or pursuant to the | 4 | | lawful order of
a prescriber, including the prescribing, | 5 | | administering, packaging,
labeling, or compounding necessary | 6 | | to prepare the substance for that
delivery.
| 7 | | (q) "Dispenser" means a practitioner who dispenses.
| 8 | | (r) "Distribute" means to deliver, other than by | 9 | | administering or
dispensing, a controlled substance.
| 10 | | (s) "Distributor" means a person who distributes.
| 11 | | (t) "Drug" means (1) substances recognized as drugs in the | 12 | | official
United States Pharmacopoeia, Official Homeopathic | 13 | | Pharmacopoeia of the
United States, or official National | 14 | | Formulary, or any supplement to any
of them; (2) substances | 15 | | intended for use in diagnosis, cure, mitigation,
treatment, or | 16 | | prevention of disease in man or animals; (3) substances
(other | 17 | | than food) intended to affect the structure of any function of
| 18 | | the body of man or animals and (4) substances intended for use | 19 | | as a
component of any article specified in clause (1), (2), or | 20 | | (3) of this
subsection. It does not include devices or their | 21 | | components, parts, or
accessories.
| 22 | | (t-3) "Electronic health record" or "EHR" means an | 23 | | electronic record of health-related information on an | 24 | | individual that is created, gathered, managed, and consulted by | 25 | | authorized health care clinicians and staff. | 26 | | (t-4) "Emergency medical services personnel" has the |
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| 1 | | meaning ascribed to it in the Emergency Medical Services (EMS) | 2 | | Systems Act. | 3 | | (t-5) "Euthanasia agency" means
an entity certified by the | 4 | | Department of Financial and Professional Regulation for the
| 5 | | purpose of animal euthanasia that holds an animal control | 6 | | facility license or
animal
shelter license under the Animal | 7 | | Welfare Act. A euthanasia agency is
authorized to purchase, | 8 | | store, possess, and utilize Schedule II nonnarcotic and
| 9 | | Schedule III nonnarcotic drugs for the sole purpose of animal | 10 | | euthanasia.
| 11 | | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 12 | | substances
(nonnarcotic controlled substances) that are used | 13 | | by a euthanasia agency for
the purpose of animal euthanasia.
| 14 | | (u) "Good faith" means the prescribing or dispensing of a | 15 | | controlled
substance by a practitioner in the regular course of | 16 | | professional
treatment to or for any person who is under his or | 17 | | her treatment for a
pathology or condition other than that | 18 | | individual's physical or
psychological dependence upon or | 19 | | addiction to a controlled substance,
except as provided herein: | 20 | | and application of the term to a pharmacist
shall mean the | 21 | | dispensing of a controlled substance pursuant to the
| 22 | | prescriber's order which in the professional judgment of the | 23 | | pharmacist
is lawful. The pharmacist shall be guided by | 24 | | accepted professional
standards including, but not limited to | 25 | | the following, in making the
judgment:
| 26 | | (1) lack of consistency of prescriber-patient |
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| 1 | | relationship,
| 2 | | (2) frequency of prescriptions for same drug by one | 3 | | prescriber for
large numbers of patients,
| 4 | | (3) quantities beyond those normally prescribed,
| 5 | | (4) unusual dosages (recognizing that there may be | 6 | | clinical circumstances where more or less than the usual | 7 | | dose may be used legitimately),
| 8 | | (5) unusual geographic distances between patient, | 9 | | pharmacist and
prescriber,
| 10 | | (6) consistent prescribing of habit-forming drugs.
| 11 | | (u-0.5) "Hallucinogen" means a drug that causes markedly | 12 | | altered sensory perception leading to hallucinations of any | 13 | | type. | 14 | | (u-1) "Home infusion services" means services provided by a | 15 | | pharmacy in
compounding solutions for direct administration to | 16 | | a patient in a private
residence, long-term care facility, or | 17 | | hospice setting by means of parenteral,
intravenous, | 18 | | intramuscular, subcutaneous, or intraspinal infusion.
| 19 | | (u-5) "Illinois State Police" means the State
Police of the | 20 | | State of Illinois, or its successor agency. | 21 | | (v) "Immediate precursor" means a substance:
| 22 | | (1) which the Department has found to be and by rule | 23 | | designated as
being a principal compound used, or produced | 24 | | primarily for use, in the
manufacture of a controlled | 25 | | substance;
| 26 | | (2) which is an immediate chemical intermediary used or |
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| 1 | | likely to
be used in the manufacture of such controlled | 2 | | substance; and
| 3 | | (3) the control of which is necessary to prevent, | 4 | | curtail or limit
the manufacture of such controlled | 5 | | substance.
| 6 | | (w) "Instructional activities" means the acts of teaching, | 7 | | educating
or instructing by practitioners using controlled | 8 | | substances within
educational facilities approved by the State | 9 | | Board of Education or
its successor agency.
| 10 | | (x) "Local authorities" means a duly organized State, | 11 | | County or
Municipal peace unit or police force.
| 12 | | (y) "Look-alike substance" means a substance, other than a | 13 | | controlled
substance which (1) by overall dosage unit | 14 | | appearance, including shape,
color, size, markings or lack | 15 | | thereof, taste, consistency, or any other
identifying physical | 16 | | characteristic of the substance, would lead a reasonable
person | 17 | | to believe that the substance is a controlled substance, or (2) | 18 | | is
expressly or impliedly represented to be a controlled | 19 | | substance or is
distributed under circumstances which would | 20 | | lead a reasonable person to
believe that the substance is a | 21 | | controlled substance. For the purpose of
determining whether | 22 | | the representations made or the circumstances of the
| 23 | | distribution would lead a reasonable person to believe the | 24 | | substance to be
a controlled substance under this clause (2) of | 25 | | subsection (y), the court or
other authority may consider the | 26 | | following factors in addition to any other
factor that may be |
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| 1 | | relevant:
| 2 | | (a) statements made by the owner or person in control | 3 | | of the substance
concerning its nature, use or effect;
| 4 | | (b) statements made to the buyer or recipient that the | 5 | | substance may
be resold for profit;
| 6 | | (c) whether the substance is packaged in a manner | 7 | | normally used for the
illegal distribution of controlled | 8 | | substances;
| 9 | | (d) whether the distribution or attempted distribution | 10 | | included an
exchange of or demand for money or other | 11 | | property as consideration, and
whether the amount of the | 12 | | consideration was substantially greater than the
| 13 | | reasonable retail market value of the substance.
| 14 | | Clause (1) of this subsection (y) shall not apply to a | 15 | | noncontrolled
substance in its finished dosage form that was | 16 | | initially introduced into
commerce prior to the initial | 17 | | introduction into commerce of a controlled
substance in its | 18 | | finished dosage form which it may substantially resemble.
| 19 | | Nothing in this subsection (y) prohibits the dispensing or | 20 | | distributing
of noncontrolled substances by persons authorized | 21 | | to dispense and
distribute controlled substances under this | 22 | | Act, provided that such action
would be deemed to be carried | 23 | | out in good faith under subsection (u) if the
substances | 24 | | involved were controlled substances.
| 25 | | Nothing in this subsection (y) or in this Act prohibits the | 26 | | manufacture,
preparation, propagation, compounding, |
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| 1 | | processing, packaging, advertising
or distribution of a drug or | 2 | | drugs by any person registered pursuant to
Section 510 of the | 3 | | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 4 | | (y-1) "Mail-order pharmacy" means a pharmacy that is | 5 | | located in a state
of the United States that delivers, | 6 | | dispenses or
distributes, through the United States Postal | 7 | | Service or other common
carrier, to Illinois residents, any | 8 | | substance which requires a prescription.
| 9 | | (z) "Manufacture" means the production, preparation, | 10 | | propagation,
compounding, conversion or processing of a | 11 | | controlled substance other than methamphetamine, either
| 12 | | directly or indirectly, by extraction from substances of | 13 | | natural origin,
or independently by means of chemical | 14 | | synthesis, or by a combination of
extraction and chemical | 15 | | synthesis, and includes any packaging or
repackaging of the | 16 | | substance or labeling of its container, except that
this term | 17 | | does not include:
| 18 | | (1) by an ultimate user, the preparation or compounding | 19 | | of a
controlled substance for his or her own use; or
| 20 | | (2) by a practitioner, or his or her authorized agent | 21 | | under his or her
supervision, the preparation, | 22 | | compounding, packaging, or labeling of a
controlled | 23 | | substance:
| 24 | | (a) as an incident to his or her administering or | 25 | | dispensing of a
controlled substance in the course of | 26 | | his or her professional practice; or
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| 1 | | (b) as an incident to lawful research, teaching or | 2 | | chemical
analysis and not for sale.
| 3 | | (z-1) (Blank).
| 4 | | (z-5) "Medication shopping" means the conduct prohibited | 5 | | under subsection (a) of Section 314.5 of this Act. | 6 | | (z-10) "Mid-level practitioner" means (i) a physician | 7 | | assistant who has been delegated authority to prescribe through | 8 | | a written delegation of authority by a physician licensed to | 9 | | practice medicine in all of its branches, in accordance with | 10 | | Section 7.5 of the Physician Assistant Practice Act of 1987, | 11 | | (ii) an advanced practice nurse who has been delegated | 12 | | authority to prescribe through a written delegation of | 13 | | authority by a physician licensed to practice medicine in all | 14 | | of its branches or by a podiatric physician, in accordance with | 15 | | Section 65-40 of the Nurse Practice Act, (iii) an advanced | 16 | | practice nurse certified as a nurse practitioner, nurse | 17 | | midwife, or clinical nurse specialist who has been granted | 18 | | authority to prescribe by a hospital affiliate in accordance | 19 | | with Section 65-45 of the Nurse Practice Act, (iv) an animal | 20 | | euthanasia agency, or (v) a prescribing psychologist. | 21 | | (aa) "Narcotic drug" means any of the following, whether | 22 | | produced
directly or indirectly by extraction from substances | 23 | | of vegetable origin,
or independently by means of chemical | 24 | | synthesis, or by a combination of
extraction and chemical | 25 | | synthesis:
| 26 | | (1) opium, opiates, derivatives of opium and opiates, |
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| 1 | | including their isomers, esters, ethers, salts, and salts | 2 | | of isomers, esters, and ethers, whenever the existence of | 3 | | such isomers, esters, ethers, and salts is possible within | 4 | | the specific chemical designation; however the term | 5 | | "narcotic drug" does not include the isoquinoline | 6 | | alkaloids of opium;
| 7 | | (2) (blank);
| 8 | | (3) opium poppy and poppy straw;
| 9 | | (4) coca leaves, except coca leaves and extracts of | 10 | | coca leaves from which substantially all of the cocaine and | 11 | | ecgonine, and their isomers, derivatives and salts, have | 12 | | been removed;
| 13 | | (5) cocaine, its salts, optical and geometric isomers, | 14 | | and salts of isomers; | 15 | | (6) ecgonine, its derivatives, their salts, isomers, | 16 | | and salts of isomers; | 17 | | (7) any compound, mixture, or preparation which | 18 | | contains any quantity of any of the substances referred to | 19 | | in subparagraphs (1) through (6). | 20 | | (bb) "Nurse" means a registered nurse licensed under the
| 21 | | Nurse Practice Act.
| 22 | | (cc) (Blank).
| 23 | | (dd) "Opiate" means any substance having an addiction | 24 | | forming or
addiction sustaining liability similar to morphine | 25 | | or being capable of
conversion into a drug having addiction | 26 | | forming or addiction sustaining
liability.
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| 1 | | (ee) "Opium poppy" means the plant of the species Papaver
| 2 | | somniferum L., except its seeds.
| 3 | | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | 4 | | solution or other liquid form of medication intended for | 5 | | administration by mouth, but the term does not include a form | 6 | | of medication intended for buccal, sublingual, or transmucosal | 7 | | administration. | 8 | | (ff) "Parole and Pardon Board" means the Parole and Pardon | 9 | | Board of
the State of Illinois or its successor agency.
| 10 | | (gg) "Person" means any individual, corporation, | 11 | | mail-order pharmacy,
government or governmental subdivision or | 12 | | agency, business trust, estate,
trust, partnership or | 13 | | association, or any other entity.
| 14 | | (hh) "Pharmacist" means any person who holds a license or | 15 | | certificate of
registration as a registered pharmacist, a local | 16 | | registered pharmacist
or a registered assistant pharmacist | 17 | | under the Pharmacy Practice Act.
| 18 | | (ii) "Pharmacy" means any store, ship or other place in | 19 | | which
pharmacy is authorized to be practiced under the Pharmacy | 20 | | Practice Act.
| 21 | | (ii-5) "Pharmacy shopping" means the conduct prohibited | 22 | | under subsection (b) of Section 314.5 of this Act. | 23 | | (ii-10) "Physician" (except when the context otherwise | 24 | | requires) means a person licensed to practice medicine in all | 25 | | of its branches. | 26 | | (jj) "Poppy straw" means all parts, except the seeds, of |
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| 1 | | the opium
poppy, after mowing.
| 2 | | (kk) "Practitioner" means a physician licensed to practice | 3 | | medicine in all
its branches, dentist, optometrist, podiatric | 4 | | physician,
veterinarian, scientific investigator, pharmacist, | 5 | | physician assistant,
advanced practice nurse,
licensed | 6 | | practical
nurse, registered nurse, emergency medical services | 7 | | personnel, hospital, laboratory, or pharmacy, or other
person | 8 | | licensed, registered, or otherwise lawfully permitted by the
| 9 | | United States or this State to distribute, dispense, conduct | 10 | | research
with respect to, administer or use in teaching or | 11 | | chemical analysis, a
controlled substance in the course of | 12 | | professional practice or research.
| 13 | | (ll) "Pre-printed prescription" means a written | 14 | | prescription upon which
the designated drug has been indicated | 15 | | prior to the time of issuance; the term does not mean a written | 16 | | prescription that is individually generated by machine or | 17 | | computer in the prescriber's office.
| 18 | | (mm) "Prescriber" means a physician licensed to practice | 19 | | medicine in all
its branches, dentist, optometrist, | 20 | | prescribing psychologist licensed under Section 4.2 of the | 21 | | Clinical Psychologist Licensing Act with prescriptive | 22 | | authority delegated under Section 4.3 of the Clinical | 23 | | Psychologist Licensing Act, podiatric physician, or
| 24 | | veterinarian who issues a prescription, a physician assistant | 25 | | who
issues a
prescription for a controlled substance
in | 26 | | accordance
with Section 303.05, a written delegation, and a |
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| 1 | | written supervision agreement required under Section 7.5
of the
| 2 | | Physician Assistant Practice Act of 1987, an advanced practice
| 3 | | nurse with prescriptive authority delegated under Section | 4 | | 65-40 of the Nurse Practice Act and in accordance with Section | 5 | | 303.05, a written delegation,
and a written
collaborative | 6 | | agreement under Section 65-35 of the Nurse Practice Act, or an | 7 | | advanced practice nurse certified as a nurse practitioner, | 8 | | nurse midwife, or clinical nurse specialist who has been | 9 | | granted authority to prescribe by a hospital affiliate in | 10 | | accordance with Section 65-45 of the Nurse Practice Act and in | 11 | | accordance with Section 303.05.
| 12 | | (nn) "Prescription" means a written, facsimile, or oral | 13 | | order, or an electronic order that complies with applicable | 14 | | federal requirements,
of
a physician licensed to practice | 15 | | medicine in all its branches,
dentist, podiatric physician or | 16 | | veterinarian for any controlled
substance, of an optometrist in | 17 | | accordance with Section 15.1 of the Illinois Optometric | 18 | | Practice Act of 1987, of a prescribing psychologist licensed | 19 | | under Section 4.2 of the Clinical Psychologist Licensing Act | 20 | | with prescriptive authority delegated under Section 4.3 of the | 21 | | Clinical Psychologist Licensing Act, of a physician assistant | 22 | | for a
controlled substance
in accordance with Section 303.05, a | 23 | | written delegation, and a written supervision agreement | 24 | | required under
Section 7.5 of the
Physician Assistant Practice | 25 | | Act of 1987, of an advanced practice
nurse with prescriptive | 26 | | authority delegated under Section 65-40 of the Nurse Practice |
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| 1 | | Act who issues a prescription for a
controlled substance in | 2 | | accordance
with
Section 303.05, a written delegation, and a | 3 | | written collaborative agreement under Section 65-35 of the | 4 | | Nurse Practice Act, or of an advanced practice nurse certified | 5 | | as a nurse practitioner, nurse midwife, or clinical nurse | 6 | | specialist who has been granted authority to prescribe by a | 7 | | hospital affiliate in accordance with Section 65-45 of the | 8 | | Nurse Practice Act and in accordance with Section 303.05 when | 9 | | required by law.
| 10 | | (nn-5) "Prescription Information Library" (PIL) means an | 11 | | electronic library that contains reported controlled substance | 12 | | data. | 13 | | (nn-10) "Prescription Monitoring Program" (PMP) means the | 14 | | entity that collects, tracks, and stores reported data on | 15 | | controlled substances and select drugs pursuant to Section 316. | 16 | | (oo) "Production" or "produce" means manufacture, | 17 | | planting,
cultivating, growing, or harvesting of a controlled | 18 | | substance other than methamphetamine.
| 19 | | (pp) "Registrant" means every person who is required to | 20 | | register
under Section 302 of this Act.
| 21 | | (qq) "Registry number" means the number assigned to each | 22 | | person
authorized to handle controlled substances under the | 23 | | laws of the United
States and of this State.
| 24 | | (qq-5) "Secretary" means, as the context requires, either | 25 | | the Secretary of the Department or the Secretary of the | 26 | | Department of Financial and Professional Regulation, and the |
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| 1 | | Secretary's designated agents. | 2 | | (rr) "State" includes the State of Illinois and any state, | 3 | | district,
commonwealth, territory, insular possession thereof, | 4 | | and any area
subject to the legal authority of the United | 5 | | States of America.
| 6 | | (rr-5) "Stimulant" means any drug that (i) causes an | 7 | | overall excitation of central nervous system functions, (ii) | 8 | | causes impaired consciousness and awareness, and (iii) can be | 9 | | habit-forming or lead to a substance abuse problem, including | 10 | | but not limited to amphetamines and their analogs, | 11 | | methylphenidate and its analogs, cocaine, and phencyclidine | 12 | | and its analogs. | 13 | | (ss) "Ultimate user" means a person who lawfully possesses | 14 | | a
controlled substance for his or her own use or for the use of | 15 | | a member of his or her
household or for administering to an | 16 | | animal owned by him or her or by a member
of his or her | 17 | | household.
| 18 | | (Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14; | 19 | | 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff. | 20 | | 7-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480, | 21 | | eff. 9-9-15; 99-642, eff. 7-28-16.)
| 22 | | (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
| 23 | | Sec. 312. Requirements for dispensing controlled | 24 | | substances.
| 25 | | (a) A practitioner, in good faith, may dispense a Schedule
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| 1 | | II controlled substance, which is a narcotic drug listed in | 2 | | Section 206
of this Act; or which contains any quantity of | 3 | | amphetamine or
methamphetamine, their salts, optical isomers | 4 | | or salts of optical
isomers; phenmetrazine and its salts; or | 5 | | pentazocine; and Schedule III, IV, or V controlled substances
| 6 | | to any person upon
a written or electronic prescription of any | 7 | | prescriber, dated and signed
by the
person prescribing (or | 8 | | electronically validated in compliance with Section 311.5) on | 9 | | the day when issued and bearing the name and
address of the | 10 | | patient for whom, or the owner of the animal for which
the | 11 | | controlled substance is dispensed, and the full name, address | 12 | | and
registry number under the laws of the United States | 13 | | relating to
controlled substances of the prescriber, if he or | 14 | | she is
required by
those laws to be registered. If the | 15 | | prescription is for an animal it
shall state the species of | 16 | | animal for which it is ordered. The
practitioner filling the | 17 | | prescription shall, unless otherwise permitted, write the date | 18 | | of filling
and his or her own signature on the face of the | 19 | | written prescription or, alternatively, shall indicate such | 20 | | filling using a unique identifier as defined in paragraph (v) | 21 | | of Section 3 of the Pharmacy Practice Act.
The written | 22 | | prescription shall be
retained on file by the practitioner who | 23 | | filled it or pharmacy in which
the prescription was filled for | 24 | | a period of 2 years, so as to be readily
accessible for | 25 | | inspection or removal by any officer or employee engaged
in the | 26 | | enforcement of this Act. Whenever the practitioner's or
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| 1 | | pharmacy's copy of any prescription is removed by an officer or
| 2 | | employee engaged in the enforcement of this Act, for the | 3 | | purpose of
investigation or as evidence, such officer or | 4 | | employee shall give to the
practitioner or pharmacy a receipt | 5 | | in lieu thereof. If the specific prescription is machine or | 6 | | computer generated and printed at the prescriber's office, the | 7 | | date does not need to be handwritten. A prescription
for a | 8 | | Schedule II controlled substance shall not be issued for more | 9 | | than a 30 day supply, except as provided in subsection (a-5), | 10 | | and shall be valid for up to 90 days
after the date of | 11 | | issuance. A written prescription for Schedule III, IV or
V | 12 | | controlled substances shall not be filled or refilled more than | 13 | | 6 months
after the date thereof or refilled more than 5 times | 14 | | unless renewed, in
writing, by the prescriber. A pharmacy shall | 15 | | maintain a policy regarding the type of identification | 16 | | necessary, if any, to receive a prescription in accordance with | 17 | | State and federal law. The pharmacy must post such information | 18 | | where prescriptions are filled.
| 19 | | (a-5) Physicians may issue multiple prescriptions (3 | 20 | | sequential 30-day supplies) for the same Schedule II controlled | 21 | | substance, authorizing up to a 90-day supply. Before | 22 | | authorizing a 90-day supply of a Schedule II controlled | 23 | | substance, the physician must meet the following conditions: | 24 | | (1) Each separate prescription must be issued for a | 25 | | legitimate medical purpose by an individual physician | 26 | | acting in the usual course of professional practice. |
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| 1 | | (2) The individual physician must provide written | 2 | | instructions on each prescription (other than the first | 3 | | prescription, if the prescribing physician intends for the | 4 | | prescription to be filled immediately) indicating the | 5 | | earliest date on which a pharmacy may fill that | 6 | | prescription. | 7 | | (3) The physician shall document in the medical record | 8 | | of a patient the medical necessity for the amount and | 9 | | duration of the 3 sequential 30-day prescriptions for | 10 | | Schedule II narcotics. | 11 | | (b) In lieu of a written prescription required by this | 12 | | Section, a
pharmacist, in good faith, may dispense Schedule | 13 | | III, IV, or V
substances to any person either upon receiving a | 14 | | facsimile of a written,
signed prescription transmitted by the | 15 | | prescriber or the prescriber's agent
or upon a lawful oral | 16 | | prescription of a
prescriber which oral prescription shall be | 17 | | reduced
promptly to
writing by the pharmacist and such written | 18 | | memorandum thereof shall be
dated on the day when such oral | 19 | | prescription is received by the
pharmacist and shall bear the | 20 | | full name and address of the ultimate user
for whom, or of the | 21 | | owner of the animal for which the controlled
substance is | 22 | | dispensed, and the full name, address, and registry number
| 23 | | under the law of the United States relating to controlled | 24 | | substances of
the prescriber prescribing if he or she is | 25 | | required by those laws
to be so
registered, and the pharmacist | 26 | | filling such oral prescription shall
write the date of filling |
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| 1 | | and his or her own signature on the face of such
written | 2 | | memorandum thereof. The facsimile copy of the prescription or
| 3 | | written memorandum of the oral
prescription shall be retained | 4 | | on file by the proprietor of the pharmacy
in which it is filled | 5 | | for a period of not less than two years, so as to
be readily | 6 | | accessible for inspection by any officer or employee engaged
in | 7 | | the enforcement of this Act in the same manner as a written
| 8 | | prescription. The facsimile copy of the prescription or oral | 9 | | prescription
and the written memorandum thereof
shall not be | 10 | | filled or refilled more than 6 months after the date
thereof or | 11 | | be refilled more than 5 times, unless renewed, in writing, by
| 12 | | the prescriber.
| 13 | | (c) Except for any non-prescription targeted | 14 | | methamphetamine precursor regulated by the Methamphetamine | 15 | | Precursor Control Act, a
controlled substance included in | 16 | | Schedule V shall not be
distributed or dispensed other than for | 17 | | a medical purpose and not for
the purpose of evading this Act, | 18 | | and then:
| 19 | | (1) only personally by a person registered to dispense | 20 | | a Schedule V
controlled substance and then only to his or | 21 | | her patients, or
| 22 | | (2) only personally by a pharmacist, and then only to a | 23 | | person over
21 years of age who has identified himself or | 24 | | herself to the pharmacist by means of
2 positive documents | 25 | | of identification.
| 26 | | (3) the dispenser shall record the name and address of |
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| 1 | | the
purchaser, the name and quantity of the product, the | 2 | | date and time of
the sale, and the dispenser's signature.
| 3 | | (4) no person shall purchase or be dispensed more than | 4 | | 120
milliliters or more than 120 grams of any Schedule V | 5 | | substance which
contains codeine, dihydrocodeine, or any | 6 | | salts thereof, or
ethylmorphine, or any salts thereof, in | 7 | | any 96 hour period. The
purchaser shall sign a form, | 8 | | approved by the Department of Financial and Professional
| 9 | | Regulation, attesting that he or she has not purchased any | 10 | | Schedule V
controlled substances within the immediately | 11 | | preceding 96 hours.
| 12 | | (5) (Blank).
| 13 | | (6) all records of purchases and sales shall be | 14 | | maintained for not
less than 2 years.
| 15 | | (7) no person shall obtain or attempt to obtain within | 16 | | any
consecutive 96 hour period any Schedule V substances of | 17 | | more than 120
milliliters or more than 120 grams containing | 18 | | codeine, dihydrocodeine or
any of its salts, or | 19 | | ethylmorphine or any of its salts. Any person
obtaining any | 20 | | such preparations or combination of preparations in excess
| 21 | | of this limitation shall be in unlawful possession of such | 22 | | controlled
substance.
| 23 | | (8) a person qualified to dispense controlled | 24 | | substances under this
Act and registered thereunder shall | 25 | | at no time maintain or keep in stock
a quantity of Schedule | 26 | | V controlled substances in excess of 4.5 liters for each
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| 1 | | substance; a pharmacy shall at no time maintain or keep in | 2 | | stock a
quantity of Schedule V controlled substances as | 3 | | defined in excess of 4.5
liters for each substance, plus | 4 | | the additional quantity of controlled
substances necessary | 5 | | to fill the largest number of prescription orders
filled by | 6 | | that pharmacy for such controlled substances in any one | 7 | | week
in the previous year. These limitations shall not | 8 | | apply to Schedule V
controlled substances which Federal law | 9 | | prohibits from being dispensed
without a prescription.
| 10 | | (9) no person shall distribute or dispense butyl | 11 | | nitrite for
inhalation or other introduction into the human | 12 | | body for euphoric or
physical effect.
| 13 | | (d) Every practitioner shall keep a record or log of | 14 | | controlled substances
received by him or her and a record of | 15 | | all such controlled substances
administered, dispensed or | 16 | | professionally used by him or her otherwise than by
| 17 | | prescription. It shall, however, be sufficient compliance with | 18 | | this
paragraph if any practitioner utilizing controlled | 19 | | substances listed in
Schedules III, IV and V shall keep a | 20 | | record of all those substances
dispensed and distributed by him | 21 | | or her other than those controlled substances
which are | 22 | | administered by the direct application of a controlled
| 23 | | substance, whether by injection, inhalation, ingestion, or any | 24 | | other
means to the body of a patient or research subject. A | 25 | | practitioner who
dispenses, other than by administering, a | 26 | | controlled substance in
Schedule II, which is a narcotic drug |
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| 1 | | listed in Section 206 of this Act,
or which contains any | 2 | | quantity of amphetamine or methamphetamine, their
salts, | 3 | | optical isomers or salts of optical isomers, pentazocine, or
| 4 | | methaqualone shall do so only upon
the issuance of a written | 5 | | prescription blank or electronic prescription issued by a
| 6 | | prescriber.
| 7 | | (e) Whenever a manufacturer distributes a controlled | 8 | | substance in a
package prepared by him or her, and whenever a | 9 | | wholesale distributor
distributes a controlled substance in a | 10 | | package prepared by him or her or the
manufacturer, he or she | 11 | | shall securely affix to each package in which that
substance is | 12 | | contained a label showing in legible English the name and
| 13 | | address of the manufacturer, the distributor and the quantity, | 14 | | kind and
form of controlled substance contained therein. No | 15 | | person except a
pharmacist and only for the purposes of filling | 16 | | a prescription under
this Act, shall alter, deface or remove | 17 | | any label so affixed.
| 18 | | (f) Whenever a practitioner dispenses any controlled | 19 | | substance except a non-prescription Schedule V product or a | 20 | | non-prescription targeted methamphetamine precursor regulated | 21 | | by the Methamphetamine Precursor Control Act, he or she
shall | 22 | | affix to the container in which such substance is sold or
| 23 | | dispensed, a label indicating the date of initial filling, the | 24 | | practitioner's
name and address, the name
of the patient, the | 25 | | name of the prescriber,
the directions
for use and cautionary | 26 | | statements, if any, contained in any prescription
or required |
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| 1 | | by law, the proprietary name or names or the established name
| 2 | | of the controlled substance, and the dosage and quantity, | 3 | | except as otherwise
authorized by regulation by the Department | 4 | | of Financial and Professional Regulation. No
person shall | 5 | | alter, deface or remove any label so affixed as long as the | 6 | | specific medication remains in the container.
| 7 | | (g) A person to whom or for whose use any controlled | 8 | | substance has
been prescribed or dispensed by a practitioner, | 9 | | or other persons
authorized under this Act, and the owner of | 10 | | any animal for which such
substance has been prescribed or | 11 | | dispensed by a veterinarian, may
lawfully possess such | 12 | | substance only in the container in which it was
delivered to | 13 | | him or her by the person dispensing such substance.
| 14 | | (h) The responsibility for the proper prescribing or | 15 | | dispensing of
controlled substances that are under the | 16 | | prescriber's direct control is upon the prescriber. The | 17 | | responsibility for
the proper filling of a prescription for | 18 | | controlled substance drugs
rests with the pharmacist. An order | 19 | | purporting to be a prescription
issued to any individual, which | 20 | | is not in the regular course of
professional treatment nor part | 21 | | of an authorized methadone maintenance
program, nor in | 22 | | legitimate and authorized research instituted by any
| 23 | | accredited hospital, educational institution, charitable | 24 | | foundation, or
federal, state or local governmental agency, and | 25 | | which is intended to
provide that individual with controlled | 26 | | substances sufficient to
maintain that individual's or any |
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| 1 | | other individual's physical or
psychological addiction, | 2 | | habitual or customary use, dependence, or
diversion of that | 3 | | controlled substance is not a prescription within the
meaning | 4 | | and intent of this Act; and the person issuing it, shall be
| 5 | | subject to the penalties provided for violations of the law | 6 | | relating to
controlled substances.
| 7 | | (i) A prescriber shall not pre-print or cause to be
| 8 | | pre-printed a
prescription for any controlled substance; nor | 9 | | shall any practitioner
issue, fill or cause to be issued or | 10 | | filled, a pre-printed prescription
for any controlled | 11 | | substance.
| 12 | | (i-5) A prescriber may use a machine or electronic device | 13 | | to individually generate a printed prescription, but the | 14 | | prescriber is still required to affix his or her manual | 15 | | signature. | 16 | | (j) No person shall manufacture, dispense, deliver, | 17 | | possess with
intent to deliver, prescribe, or administer or | 18 | | cause to be administered
under his or her direction any | 19 | | anabolic steroid, for any use in humans other than
the | 20 | | treatment of disease in accordance with the order of a | 21 | | physician licensed
to practice medicine in all its branches for | 22 | | a
valid medical purpose in the course of professional practice. | 23 | | The use of
anabolic steroids for the purpose of hormonal | 24 | | manipulation that is intended
to increase muscle mass, strength | 25 | | or weight without a medical necessity to
do so, or for the | 26 | | intended purpose of improving physical appearance or
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| 1 | | performance in any form of exercise, sport, or game, is not a | 2 | | valid medical
purpose or in the course of professional | 3 | | practice.
| 4 | | (k) Controlled substances may be mailed if all of the | 5 | | following conditions are met: | 6 | | (1) The controlled substances are not outwardly | 7 | | dangerous and are not likely, of their own force, to cause | 8 | | injury to a person's life or health. | 9 | | (2) The inner container of a parcel containing | 10 | | controlled substances must be marked and sealed as required | 11 | | under this Act and its rules, and be placed in a plain | 12 | | outer container or securely wrapped in plain paper. | 13 | | (3) If the controlled substances consist of | 14 | | prescription medicines, the inner container must be | 15 | | labeled to show the name and address of the pharmacy or | 16 | | practitioner dispensing the prescription. | 17 | | (4) The outside wrapper or container must be free of | 18 | | markings that would indicate the nature of the contents. | 19 | | (l) Notwithstanding any other provision of this Act to the | 20 | | contrary, emergency medical services personnel may administer | 21 | | Schedule II, III, IV, or V controlled substances to a person in | 22 | | the scope of their employment without a written, electronic, or | 23 | | oral prescription of a prescriber. | 24 | | (Source: P.A. 99-78, eff. 7-20-15; 99-480, eff. 9-9-15.)
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