Full Text of SB2943 095th General Assembly
SB2943 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2943
Introduced 2/15/2008, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED: |
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Creates the Cancer Drug Repository Program Act. Requires the Department of Public Health to establish a cancer drug repository program, under which any person may donate a cancer drug or supplies needed to administer a cancer drug for use by an individual who meets eligibility criteria specified by the Department. Sets forth requirements that cancer drugs or supplies must meet in order to be accepted and dispensed under the program. Provides that no drugs or supplies donated under the cancer drug repository program may be resold. Provides that nothing in the Act requires that a medical facility, pharmacy, pharmacist, or practitioner participate in the cancer drug repository program. Provides for civil and criminal immunity for drug and supply manufacturers and individuals in relation to the donation, acceptance, or dispensing of cancer drugs or supplies under the cancer drug repository program. Requires the Department to adopt certain rules to implement the cancer drug repository program. Amends the Pharmacy Practice Act of 1987, the Wholesale Drug Distribution Licensing Act, the Senior Pharmaceutical Assistance Act, the Illinois Food, Drug and Cosmetic Act, the Illinois Controlled Substances Act, and the Cannabis and Controlled Substances Tort Claims Act to provide that persons engaged in donating or accepting, or packaging, repackaging, or labeling, prescription drugs to the extent permitted or required under the Cancer Drug Repository Program Act are exempt from provisions of those other Acts that might prohibit or otherwise regulate such activity.
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A BILL FOR
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SB2943 |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Cancer | 5 |
| Drug Repository Program Act. | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Cancer drug" means a prescription drug that is used to | 8 |
| treat any of the following: | 9 |
| (1) Cancer or side effects of cancer. | 10 |
| (2) The side effects of any prescription drug that is | 11 |
| used to treat cancer or side effects of cancer. | 12 |
| "Cancer drug" does not include drugs for the treatment of | 13 |
| cancer that can only be dispensed to a patient registered with | 14 |
| the drug manufacturer in accordance with federal Food and Drug | 15 |
| Administration requirements. | 16 |
| "Department" means the Department of Public Health. | 17 |
| "Dispense" has the meaning given to that term in the | 18 |
| Pharmacy Practice Act of 1987. | 19 |
| "Pharmacist" means an individual licensed to engage in the | 20 |
| practice of pharmacy under the Pharmacy Practice Act of 1987. | 21 |
| "Pharmacy" means a pharmacy registered in this State under | 22 |
| the Pharmacy Practice Act of 1987. | 23 |
| "Practitioner" means a person licensed in this State to |
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| prescribe and administer drugs or licensed in another state and | 2 |
| recognized by this State as a person authorized to prescribe | 3 |
| and administer drugs. | 4 |
| "Prescription drug" means any prescribed drug that may be | 5 |
| legally dispensed by a pharmacy. | 6 |
| "Program" means the cancer drug repository program | 7 |
| established under this Act. | 8 |
| Section 10. Cancer drug repository program. The Department | 9 |
| shall establish and maintain a cancer drug repository program, | 10 |
| under which any person may donate a cancer drug or supplies | 11 |
| needed to administer a cancer drug for use by an individual who | 12 |
| meets eligibility criteria specified by the Department in | 13 |
| rules. Donations may be made on the premises of a pharmacy that | 14 |
| elects to participate in the program and meets requirements | 15 |
| specified by the Department in rules. The pharmacy may charge | 16 |
| an individual who receives a cancer drug or supplies needed to | 17 |
| administer a cancer drug under this Act a handling fee that may | 18 |
| not exceed the amount specified by the Department in rules. A | 19 |
| pharmacy that receives a donated cancer drug or supplies needed | 20 |
| to administer a cancer drug under this Act may distribute the | 21 |
| cancer drug or supplies to another eligible pharmacy for use | 22 |
| under the program.
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| Section 15. Requirements for accepting and dispensing | 24 |
| cancer drugs and supplies. A cancer drug or supplies needed to |
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| administer a cancer drug may be accepted and dispensed under | 2 |
| the program only if all of the following requirements are met:
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| (1) The cancer drug or supplies needed to administer a | 4 |
| cancer drug are in their original, unopened, sealed, and | 5 |
| tamper-evident unit-dose packaging or, if packaged in | 6 |
| single-unit doses, the single-unit-dose packaging is | 7 |
| unopened.
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| (2) The cancer drug bears an expiration date that is | 9 |
| later than 6 months after the date that the drug was | 10 |
| donated.
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| (3) The cancer drug or supplies needed to administer a | 12 |
| cancer drug are not adulterated or misbranded, as | 13 |
| determined by a pharmacist employed by, or under contract | 14 |
| with, the pharmacy where the drug or supplies are accepted | 15 |
| or dispensed. The pharmacist must inspect the drug or | 16 |
| supplies before the drug or supplies are dispensed.
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| (4) The cancer drug or supplies needed to administer a | 18 |
| cancer drug are prescribed by a practitioner for use by an | 19 |
| eligible individual.
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| Section 20. Resale of donated drugs or supplies prohibited. | 21 |
| No cancer drug or supplies needed to administer a cancer drug | 22 |
| that are donated for use under this Act may be resold.
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| Section 25. Participation in program not required. Nothing | 24 |
| in this Act requires that a pharmacy or pharmacist participate |
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| in the cancer drug repository program.
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| Section 30. Immunity. | 3 |
| (a) Unless the manufacturer's conduct is wilful and wanton, | 4 |
| a manufacturer of a drug or supply is not subject to criminal | 5 |
| or civil liability for injury, death, or loss to a person or | 6 |
| property for matters related to the donation, acceptance, or | 7 |
| dispensing of a cancer drug or supply manufactured by the | 8 |
| 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 | 10 |
| person is immune from civil liability for injury to or the | 11 |
| death of the individual to whom the cancer drug or supply is | 12 |
| dispensed and may not be found guilty of unprofessional conduct | 13 |
| for his or her acts or omissions related to donating, | 14 |
| accepting, distributing, or dispensing a cancer drug or supply | 15 |
| under this Act. | 16 |
| Section 35. Rules. The Department shall adopt all of the | 17 |
| following as rules: | 18 |
| (1) Requirements for pharmacies to accept and dispense | 19 |
| donated cancer drugs or supplies needed to administer | 20 |
| cancer drugs under this Act, including all of the | 21 |
| following:
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| (A) Eligibility criteria. | 23 |
| (B) Standards and procedures for accepting, safely | 24 |
| storing, and dispensing donated cancer drugs or |
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| supplies needed to administer cancer drugs.
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| (C) Standards and procedures for inspecting | 3 |
| donated cancer drugs or supplies needed to administer | 4 |
| cancer drugs to determine whether the drugs or supplies | 5 |
| are in their original, unopened, sealed, and | 6 |
| tamper-evident unit-dose packaging or, if packaged in | 7 |
| single-unit doses, the single-unit-dose packaging is | 8 |
| unopened.
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| (D) Standards and procedures for inspecting | 10 |
| donated cancer drugs or supplies needed to administer | 11 |
| cancer drugs to determine that the drugs or supplies | 12 |
| needed to administer cancer drugs are not adulterated | 13 |
| or misbranded.
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| (2) Eligibility criteria for individuals to receive | 15 |
| donated cancer drugs or supplies needed to administer | 16 |
| cancer drugs dispensed under the cancer drug repository | 17 |
| program. The standards shall prioritize dispensation to | 18 |
| individuals who are uninsured or indigent but must permit | 19 |
| dispensation to others if an uninsured or indigent | 20 |
| individual is unavailable.
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| (3) A means, such as an identification card, by which | 22 |
| an individual who is eligible to receive a donated cancer | 23 |
| drug or supplies needed to administer a cancer drug may | 24 |
| indicate that eligibility.
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| (4) Necessary forms for administration of the cancer | 26 |
| drug repository program, including forms for use by persons |
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| that donate, accept, distribute, or dispense cancer drugs | 2 |
| or supplies needed to administer cancer drugs under the | 3 |
| program.
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| (5) The maximum handling fee that a pharmacy may charge | 5 |
| for accepting, distributing, or dispensing donated cancer | 6 |
| drugs or supplies needed to administer cancer drugs. | 7 |
| (6) A list of cancer drugs and supplies needed to | 8 |
| administer cancer drugs, arranged by category or by | 9 |
| individual cancer drug or supply, that the cancer drug | 10 |
| repository program will accept for dispensing. | 11 |
| (7) A list of cancer drugs and supplies needed to | 12 |
| administer cancer drugs, arranged by category or by | 13 |
| individual cancer drug or supply, that the cancer drug | 14 |
| repository program will not accept for dispensing. The list | 15 |
| must include a statement that specifies the reason that the | 16 |
| drug or supplies are ineligible for donation.
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| The Department may also adopt any other rules deemed | 18 |
| necessary to implement this Act. | 19 |
| Section 90. The Pharmacy Practice Act of 1987 is amended by | 20 |
| 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 | 24 |
| this Act shall
apply
to, or in any manner interfere with:
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| (a) the lawful practice of any physician licensed to | 2 |
| practice medicine in
all of its branches, dentist, podiatrist,
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| veterinarian, or therapeutically or diagnostically certified | 4 |
| optometrist within
the limits of
his or her license, or prevent | 5 |
| him or her from
supplying to his
or her
bona fide patients
such | 6 |
| 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 | 9 |
| household remedies
when sold in original and unbroken packages | 10 |
| only, if such patent or
proprietary medicines and household | 11 |
| remedies be properly and adequately
labeled as to content and | 12 |
| usage and generally considered and accepted
as harmless and | 13 |
| nonpoisonous when used according to the directions
on the | 14 |
| 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, | 16 |
| according
to the latest editions of the following authoritative | 17 |
| pharmaceutical
treatises and standards, namely, The United | 18 |
| States Pharmacopoeia/National
Formulary (USP/NF), the United | 19 |
| States Dispensatory, and the Accepted
Dental Remedies of the | 20 |
| Council of Dental Therapeutics of the American
Dental | 21 |
| 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 | 23 |
| the Federal
Food, Drug, and Cosmetic Act and Regulations of the | 24 |
| Department of Health
and Human Services, Food and Drug | 25 |
| Administration, promulgated thereunder
now in effect, is | 26 |
| designated, described or considered as a narcotic,
hypnotic, |
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| habit forming, dangerous, or poisonous drug;
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| (d) the sale of poultry and livestock remedies in original | 3 |
| and unbroken
packages only, labeled for poultry and livestock | 4 |
| medication;
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| (e) the sale of poisonous substances or mixture of | 6 |
| poisonous substances,
in unbroken packages, for nonmedicinal | 7 |
| use in the arts or industries
or for insecticide purposes; | 8 |
| provided, they are properly and adequately
labeled as to | 9 |
| content and such nonmedicinal usage, in conformity
with the | 10 |
| provisions of all applicable federal, state and local laws
and | 11 |
| regulations promulgated thereunder now in effect relating | 12 |
| thereto
and governing the same, and those which are required | 13 |
| under such applicable
laws and regulations to be labeled with | 14 |
| the word "Poison", are also labeled
with the word "Poison" | 15 |
| printed
thereon in prominent type and the name of a readily | 16 |
| obtainable antidote
with directions for its administration;
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| (f) the delegation of limited prescriptive authority by a | 18 |
| physician
licensed to
practice medicine in all its branches to | 19 |
| a physician assistant
under Section 7.5 of the Physician | 20 |
| Assistant Practice Act of 1987. This
delegated authority under | 21 |
| Section 7.5 of the Physician Assistant Practice Act of 1987 may | 22 |
| but is not required to include prescription of
controlled | 23 |
| substances, as defined in Article II of the
Illinois Controlled | 24 |
| Substances Act, in accordance with written guidelines; and
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| (g) the The delegation of prescriptive authority by a | 26 |
| physician
licensed to practice medicine in all its branches to |
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| an advanced practice
nurse in accordance with a written | 2 |
| collaborative
agreement under Section 65-35 of the Nurse | 3 |
| Practice Act. This authority, which is delegated under Section | 4 |
| 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 | 6 |
| substances as
defined
in Article II of the Illinois Controlled | 7 |
| Substances Act ; and .
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| (h) the donation or acceptance, or the packaging, | 9 |
| repackaging, or labeling, of prescription drugs to the extent | 10 |
| permitted or required under the Cancer Drug Repository Program | 11 |
| Act. | 12 |
| (Source: P.A. 95-639, eff. 10-5-07 .)
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| Section 91. The Wholesale Drug Distribution Licensing Act | 14 |
| 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, | 19 |
| before any wholesale distribution of a prescription drug | 20 |
| occurs, that each transaction listed on the pedigree has | 21 |
| occurred. | 22 |
| "Authorized distributor of record" means a wholesale | 23 |
| distributor with whom a manufacturer has established an ongoing | 24 |
| relationship to distribute the manufacturer's prescription |
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| drug. An ongoing relationship is deemed to exist between a | 2 |
| wholesale distributor and a manufacturer when the wholesale | 3 |
| distributor, including any affiliated group of the wholesale | 4 |
| distributor, as defined in Section 1504 of the Internal Revenue | 5 |
| Code, complies with the following: | 6 |
| (1) The wholesale distributor has a written agreement | 7 |
| currently in effect with the manufacturer evidencing the | 8 |
| ongoing relationship; and | 9 |
| (2) The wholesale distributor is listed on the | 10 |
| manufacturer's current list of authorized distributors of | 11 |
| record, which is updated by the manufacturer on no less | 12 |
| than a monthly basis.
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| "Blood" means whole blood collected from a single donor and | 14 |
| processed
either for transfusion or further manufacturing.
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| "Blood component" means that part of blood separated by | 16 |
| physical or
mechanical means.
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| "Board" means the State Board of Pharmacy of the Department | 18 |
| of
Professional Regulation.
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| "Chain pharmacy warehouse" means a physical location for | 20 |
| prescription drugs that acts as a central warehouse and | 21 |
| performs intracompany sales or transfers of the drugs to a | 22 |
| group of chain or mail order pharmacies that have the same | 23 |
| common ownership and control. Notwithstanding any other | 24 |
| provision of this Act, a chain pharmacy warehouse shall be | 25 |
| considered part of the normal distribution channel. | 26 |
| "Co-licensed partner or product" means an instance where |
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| one or more parties have the right to engage in the | 2 |
| manufacturing or marketing of a prescription drug, consistent | 3 |
| with the FDA's implementation of the Prescription Drug | 4 |
| 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 | 8 |
| wholesale distributor by the manufacturer of the prescription | 9 |
| drug or that manufacturer's co-licensed product partner, that | 10 |
| manufacturer's third party logistics provider, or that | 11 |
| manufacturer's exclusive distributor or by an authorized | 12 |
| distributor of record that purchased the product directly from | 13 |
| the manufacturer or one of these entities whereby the wholesale | 14 |
| distributor or chain pharmacy warehouse takes title but not | 15 |
| physical possession of such prescription drug and the wholesale | 16 |
| distributor invoices the pharmacy, chain pharmacy warehouse, | 17 |
| or other person authorized by law to dispense or administer | 18 |
| such drug to a patient and the pharmacy, chain pharmacy | 19 |
| warehouse, or other authorized person receives delivery of the | 20 |
| prescription drug directly from the manufacturer, that | 21 |
| manufacturer's third party logistics provider, or that | 22 |
| manufacturer's exclusive distributor or from an authorized | 23 |
| distributor of record that purchased the product directly from | 24 |
| the manufacturer or one of these entities.
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| "Drug sample" means a unit of a prescription drug that is | 26 |
| not intended to
be sold and is intended to promote the sale of |
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| the drug.
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| "Facility" means a facility of a wholesale distributor | 3 |
| where prescription drugs are stored, handled, repackaged, or | 4 |
| offered for sale. | 5 |
| "FDA" means the United States Food and Drug Administration.
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| "Manufacturer" means a person licensed or approved by the | 7 |
| FDA to engage in the manufacture of drugs or devices, | 8 |
| consistent with the definition of "manufacturer" set forth in | 9 |
| the FDA's regulations and guidances implementing the | 10 |
| Prescription Drug Marketing Act. "Manufacturer" does not | 11 |
| include anyone who is engaged in the packaging, repackaging, or | 12 |
| labeling of prescription drugs only to the extent required | 13 |
| under the Cancer Drug Repository Program Act. | 14 |
| "Manufacturer's exclusive distributor" means anyone who | 15 |
| contracts with a manufacturer to provide or coordinate | 16 |
| warehousing, distribution, or other services on behalf of a | 17 |
| manufacturer and who takes title to that manufacturer's | 18 |
| prescription drug, but who does not have general responsibility | 19 |
| to direct the sale or disposition of the manufacturer's | 20 |
| prescription drug. A manufacturer's exclusive distributor must | 21 |
| be licensed as a wholesale distributor under this Act and, in | 22 |
| order to be considered part of the normal distribution channel, | 23 |
| must also be an authorized distributor of record.
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| "Normal distribution channel" means a chain of custody for | 25 |
| a prescription drug that goes, directly or by drop shipment, | 26 |
| from (i) a manufacturer of the prescription drug, (ii) that |
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| manufacturer to that manufacturer's co-licensed partner, (iii) | 2 |
| that manufacturer to that manufacturer's third party logistics | 3 |
| provider, or (iv) that manufacturer to that manufacturer's | 4 |
| exclusive distributor to: | 5 |
| (1) a pharmacy or to other designated persons | 6 |
| authorized by law to dispense or administer the drug to a | 7 |
| patient; | 8 |
| (2) a wholesale distributor to a pharmacy or other | 9 |
| designated persons authorized by law to dispense or | 10 |
| administer the drug to a patient; | 11 |
| (3) a wholesale distributor to a chain pharmacy | 12 |
| warehouse to that chain pharmacy warehouse's intracompany | 13 |
| pharmacy to a patient or other designated persons | 14 |
| authorized by law to dispense or administer the drug to a | 15 |
| patient; | 16 |
| (4) a chain pharmacy warehouse to the chain pharmacy | 17 |
| warehouse's intracompany pharmacy or other designated | 18 |
| persons authorized by law to dispense or administer the | 19 |
| drug to the patient; | 20 |
| (5) an authorized distributor of record to one other | 21 |
| authorized distributor of record to an office-based health | 22 |
| care practitioner authorized by law to dispense or | 23 |
| administer the drug to the patient; or | 24 |
| (6) an authorized distributor to a pharmacy or other | 25 |
| persons licensed to dispense or administer the drug. | 26 |
| "Pedigree" means a document or electronic file containing |
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| information that records each wholesale distribution of any | 2 |
| given prescription drug from the point of origin to the final | 3 |
| wholesale distribution point of any given prescription drug.
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| "Person" means and includes a natural person, partnership, | 5 |
| association or
corporation.
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| "Pharmacy distributor" means any pharmacy licensed in this | 7 |
| State or
hospital pharmacy that is engaged in the delivery or | 8 |
| distribution of
prescription drugs either to any other pharmacy | 9 |
| licensed in this State or
to any other person or entity | 10 |
| including, but not limited to, a wholesale
drug distributor | 11 |
| engaged in the delivery or distribution of prescription
drugs | 12 |
| who is involved in the actual, constructive, or attempted | 13 |
| transfer of
a drug in this State to other than the ultimate | 14 |
| consumer except as
otherwise provided for by law.
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| "Prescription drug" means any human drug, including any | 16 |
| biological product (except for blood and blood components | 17 |
| intended for transfusion or biological products that are also | 18 |
| medical devices), required by federal law or
regulation to be | 19 |
| dispensed only by a prescription, including finished
dosage | 20 |
| forms and bulk drug substances
subject to Section
503 of the | 21 |
| Federal Food, Drug and Cosmetic Act.
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| "Repackage" means repackaging or otherwise changing the | 23 |
| container, wrapper, or labeling to further the distribution of | 24 |
| a prescription drug, excluding that completed by the pharmacist | 25 |
| responsible for dispensing the product to a patient. | 26 |
| "Secretary" means the Secretary of Financial and |
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| Professional Regulation. | 2 |
| "Third party logistics provider" means anyone who | 3 |
| contracts with a prescription drug manufacturer to provide or | 4 |
| coordinate warehousing, distribution, or other services on | 5 |
| behalf of a manufacturer, but does not take title to the | 6 |
| prescription drug or have general responsibility to direct the | 7 |
| prescription drug's sale or disposition. A third party | 8 |
| logistics provider must be licensed as a wholesale distributor | 9 |
| under this Act and, in order to be considered part of the | 10 |
| normal distribution channel, must also be an authorized | 11 |
| distributor of record. | 12 |
| "Wholesale distribution"
means the distribution
of | 13 |
| prescription drugs to persons other than a consumer or patient, | 14 |
| but does
not include any of the following:
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| (1)
Intracompany sales of prescription drugs, meaning | 16 |
| (i) any transaction or transfer
between any division, | 17 |
| subsidiary, parent, or affiliated or related company
under | 18 |
| the common ownership and control of a corporate entity or | 19 |
| (ii) any transaction or transfer between co-licensees of a | 20 |
| co-licensed product.
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| (2) The sale, purchase, distribution, trade, or | 22 |
| transfer of a prescription drug or offer to sell, purchase, | 23 |
| distribute, trade, or transfer a prescription drug for | 24 |
| emergency medical reasons.
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| (3) The distribution of prescription drug samples by | 26 |
| manufacturers' representatives. |
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| (4) Drug returns, when conducted by a hospital, health | 2 |
| care entity, or charitable institution in accordance with | 3 |
| federal regulation. | 4 |
| (5) The sale of minimal quantities of prescription | 5 |
| drugs by retail pharmacies to licensed practitioners for | 6 |
| office use. | 7 |
| (6) The sale, purchase, or trade of a drug, an offer to | 8 |
| sell, purchase, or trade a drug, or the dispensing of a | 9 |
| drug pursuant to a prescription. | 10 |
| (7) The sale, transfer, merger, or consolidation of all | 11 |
| or part of the business of a pharmacy or pharmacies from or | 12 |
| with another pharmacy or pharmacies, whether accomplished | 13 |
| as a purchase and sale of stock or business assets. | 14 |
| (8) The sale, purchase, distribution, trade, or | 15 |
| transfer of a prescription drug from one authorized | 16 |
| distributor of record to one additional authorized | 17 |
| distributor of record when the manufacturer has stated in | 18 |
| writing to the receiving authorized distributor of record | 19 |
| that the manufacturer is unable to supply the prescription | 20 |
| drug and the supplying authorized distributor of record | 21 |
| states in writing that the prescription drug being supplied | 22 |
| had until that time been exclusively in the normal | 23 |
| distribution channel. | 24 |
| (9) The delivery of or the offer to deliver a | 25 |
| prescription drug by a common carrier solely in the common | 26 |
| carrier's usual course of business of transporting |
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| prescription drugs when the common carrier does not store, | 2 |
| warehouse, or take legal ownership of the prescription | 3 |
| drug. | 4 |
| (10) The sale or transfer from a retail pharmacy, mail | 5 |
| order pharmacy, or chain pharmacy warehouse of expired, | 6 |
| damaged, returned, or recalled prescription drugs to the | 7 |
| original manufacturer, the originating wholesale | 8 |
| distributor, or a third party returns processor.
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| (11) The donation of prescription drugs to the extent | 10 |
| permitted under the Cancer Drug Repository Program Act. | 11 |
| "Wholesale drug distributor" means anyone
engaged in the
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| wholesale distribution of prescription drugs, including | 13 |
| without limitation
manufacturers; repackers; own label | 14 |
| distributors; jobbers; private
label distributors; brokers; | 15 |
| warehouses, including manufacturers' and
distributors' | 16 |
| warehouses; manufacturer's exclusive distributors; and | 17 |
| authorized distributors of record; drug wholesalers or | 18 |
| distributors; independent wholesale drug traders; specialty | 19 |
| wholesale distributors; third party logistics providers; and | 20 |
| retail pharmacies that conduct wholesale distribution; and | 21 |
| chain pharmacy warehouses that conduct wholesale distribution. | 22 |
| In order to be considered part of the normal distribution | 23 |
| channel, a wholesale distributor must also be an authorized | 24 |
| distributor of record.
| 25 |
| (Source: P.A. 95-689, eff. 10-29-07.)
|
|
|
|
SB2943 |
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LRB095 20012 DRJ 46448 b |
|
| 1 |
| Section 92. The Senior Pharmaceutical Assistance Act is | 2 |
| amended by changing Section 10 as follows:
| 3 |
| (320 ILCS 50/10)
| 4 |
| Sec. 10. Definitions. In this Act:
| 5 |
| "Manufacturer" includes:
| 6 |
| (1) An entity that is engaged in (a) the production, | 7 |
| preparation,
propagation, compounding, conversion, or | 8 |
| processing of prescription drug
products (i) directly or | 9 |
| indirectly by extraction from substances of natural
| 10 |
| origin,
(ii) independently by means of chemical synthesis, | 11 |
| or (iii) by combination of
extraction
and chemical | 12 |
| synthesis; or (b) the packaging, repackaging, labeling or
| 13 |
| re-labeling, or distribution of prescription drug | 14 |
| products.
| 15 |
| (2) The entity holding legal title to or possession of | 16 |
| the national
drug code number for the covered prescription | 17 |
| drug.
| 18 |
| The term does not include a wholesale distributor of drugs,
| 19 |
| drugstore chain organization, or retail pharmacy licensed by | 20 |
| the State. The term also does not include anyone who is engaged | 21 |
| in the packaging, repackaging, or labeling of prescription | 22 |
| drugs only to the extent required under the Cancer Drug | 23 |
| Repository Program Act.
| 24 |
| "Prescription drug" means a drug that may be dispensed only | 25 |
| upon
prescription by an authorized prescriber and that is |
|
|
|
SB2943 |
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LRB095 20012 DRJ 46448 b |
|
| 1 |
| approved for safety and
effectiveness as a prescription drug | 2 |
| under Section 505 or 507 of the Federal
Food, Drug and Cosmetic | 3 |
| Act.
| 4 |
| "Senior citizen" or "senior" means a person 65 years of age | 5 |
| or
older.
| 6 |
| (Source: P.A. 92-594, eff. 6-27-02.)
| 7 |
| Section 93. The Illinois Food, Drug and Cosmetic Act is | 8 |
| amended by changing Section 16 as follows:
| 9 |
| (410 ILCS 620/16) (from Ch. 56 1/2, par. 516)
| 10 |
| Sec. 16. (a) The Director is hereby authorized to | 11 |
| promulgate
regulations exempting from any labeling or | 12 |
| packaging requirement of this
Act drugs and devices which are | 13 |
| (i) , in accordance with the practice of the
trade, to be | 14 |
| processed, labeled or repacked in substantial quantities at
| 15 |
| establishments other than those where originally processed or | 16 |
| packaged on
condition that such drugs and devices are not | 17 |
| adulterated or misbranded
under the provisions of this Act upon | 18 |
| removal from such processing,
labeling or repacking | 19 |
| establishment or (ii) packaged, repackaged, or labeled to the | 20 |
| extent required under the Cancer Drug Repository Program Act .
| 21 |
| (b) Drugs and device labeling or packaging exemptions | 22 |
| adopted under the
Federal Act and supplements thereto or | 23 |
| revisions thereof shall apply to
drugs and devices in Illinois | 24 |
| except insofar as modified or rejected by
regulations |
|
|
|
SB2943 |
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LRB095 20012 DRJ 46448 b |
|
| 1 |
| promulgated by the Director.
| 2 |
| (c) A drug intended for use by man which (A) is a | 3 |
| habit-forming drug to
which Section 15 (d) applies; or (B) | 4 |
| because of its toxicity or other
potentiality for harmful | 5 |
| effect or the method of its use or the collateral
measures | 6 |
| necessary to its use is not safe for use except under the
| 7 |
| supervision of a practitioner licensed by law to administer | 8 |
| such drug; or
(C) is limited by an approved application under | 9 |
| Section 505 of the Federal
Act or Section 17 of this Act to use | 10 |
| under the professional supervision of
a practitioner licensed | 11 |
| by law to administer such drug, shall be dispensed
only in | 12 |
| accordance with the provisions of the "Illinois Controlled
| 13 |
| Substances Act". The act of dispensing a drug contrary to the | 14 |
| provisions of
this paragraph shall be deemed to be an act which | 15 |
| results in a drug being
misbranded while held for sale.
| 16 |
| (d) Any drug dispensed by filling or refilling a written
or | 17 |
| oral prescription of a practitioner licensed by law to | 18 |
| administer such
drug shall be exempt from the requirements of | 19 |
| Section 15, except
subsections (a), (k) and (l) and clauses (2) | 20 |
| and (3) of subsection (i), and
the packaging requirements of
| 21 |
| subsections (g), (h) and (q), if the drug bears a label | 22 |
| containing the
proprietary name or names, or if there is none, | 23 |
| the established name or
names of the drugs, the dosage and | 24 |
| quantity, unless the prescribing
practitioner, in the interest | 25 |
| of the health of the patient, directs
otherwise in writing, the | 26 |
| name and address of the dispenser, the serial
number and date |
|
|
|
SB2943 |
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LRB095 20012 DRJ 46448 b |
|
| 1 |
| of the prescription or of its filling, the name of the
| 2 |
| prescriber and, if stated in the prescription, the name of the | 3 |
| patient, and
the directions for use and the cautionary | 4 |
| statements, if any, contained in
such prescription. This | 5 |
| exemption shall not apply to any drug dispensed in
the course | 6 |
| of the conduct of business of dispensing drugs pursuant to
| 7 |
| diagnosis by mail, or to a drug dispensed in violation of | 8 |
| subsection (a) of
this Section.
| 9 |
| (e) The Director may by regulation remove drugs subject to
| 10 |
| Section 15 (d) and Section 17 from the requirements of | 11 |
| subsection (c) of
this Section when such requirements are not | 12 |
| necessary for the protection of
the public health.
| 13 |
| (f) A drug which is subject to subsection (c) of this | 14 |
| Section
shall be deemed to be misbranded if at any time before | 15 |
| dispensing its label
fails to bear the statement "Caution: | 16 |
| Federal Law Prohibits Dispensing Without
Prescription" or | 17 |
| "Caution: State Law Prohibits Dispensing Without
| 18 |
| Prescription". A drug to which subsection (c) of this Section | 19 |
| does not apply
shall be deemed to be misbranded if at any time | 20 |
| prior to dispensing its
label bears the caution statement | 21 |
| quoted in the preceding sentence.
| 22 |
| (g) Nothing in this Section shall be construed to relieve
| 23 |
| any person from any requirement prescribed by or under | 24 |
| authority of law
with respect to controlled substances now | 25 |
| included or which may hereafter
be included within the | 26 |
| classifications of controlled substances cannabis as
defined |
|
|
|
SB2943 |
- 22 - |
LRB095 20012 DRJ 46448 b |
|
| 1 |
| in applicable Federal laws relating to controlled substances or
| 2 |
| cannabis or the Cannabis Control Act.
| 3 |
| (Source: P.A. 84-1308.)
| 4 |
| Section 94. The Illinois Controlled Substances Act is | 5 |
| amended by changing Section 102 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 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 presence, by his | 21 |
| authorized agent),
| 22 |
| (2) the patient or research subject at the lawful | 23 |
| direction of the
practitioner, or
| 24 |
| (3) a euthanasia technician as defined by the Humane |
|
|
|
SB2943 |
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LRB095 20012 DRJ 46448 b |
|
| 1 |
| Euthanasia in
Animal Shelters Act.
| 2 |
| (c) "Agent" means an authorized person who acts on behalf | 3 |
| of or at
the direction of a manufacturer, distributor, or | 4 |
| dispenser. It does not
include a common or contract carrier, | 5 |
| public warehouseman or employee of
the carrier or warehouseman.
| 6 |
| (c-1) "Anabolic Steroids" means any drug or hormonal | 7 |
| substance,
chemically and pharmacologically related to | 8 |
| testosterone (other than
estrogens, progestins, and | 9 |
| corticosteroids) that promotes muscle growth,
and includes:
| 10 |
| (i) boldenone,
| 11 |
| (ii) chlorotestosterone,
| 12 |
| (iii) chostebol,
| 13 |
| (iv) dehydrochlormethyltestosterone,
| 14 |
| (v) dihydrotestosterone,
| 15 |
| (vi) drostanolone,
| 16 |
| (vii) ethylestrenol,
| 17 |
| (viii) fluoxymesterone,
| 18 |
| (ix) formebulone,
| 19 |
| (x) mesterolone,
| 20 |
| (xi) methandienone,
| 21 |
| (xii) methandranone,
| 22 |
| (xiii) methandriol,
| 23 |
| (xiv) methandrostenolone,
| 24 |
| (xv) methenolone,
| 25 |
| (xvi) methyltestosterone,
| 26 |
| (xvii) mibolerone,
|
|
|
|
SB2943 |
- 24 - |
LRB095 20012 DRJ 46448 b |
|
| 1 |
| (xviii) nandrolone,
| 2 |
| (xix) norethandrolone,
| 3 |
| (xx) oxandrolone,
| 4 |
| (xxi) oxymesterone,
| 5 |
| (xxii) oxymetholone,
| 6 |
| (xxiii) stanolone,
| 7 |
| (xxiv) stanozolol,
| 8 |
| (xxv) testolactone,
| 9 |
| (xxvi) testosterone,
| 10 |
| (xxvii) trenbolone, and
| 11 |
| (xxviii) any salt, ester, or isomer of a drug or | 12 |
| substance described
or listed in this paragraph, if | 13 |
| that salt, ester, or isomer promotes muscle
growth.
| 14 |
| Any person who is otherwise lawfully in possession of an | 15 |
| anabolic
steroid, or who otherwise lawfully manufactures, | 16 |
| distributes, dispenses,
delivers, or possesses with intent to | 17 |
| deliver an anabolic steroid, which
anabolic steroid is | 18 |
| expressly intended for and lawfully allowed to be
administered | 19 |
| through implants to livestock or other nonhuman species, and
| 20 |
| which is approved by the Secretary of Health and Human Services | 21 |
| for such
administration, and which the person intends to | 22 |
| administer or have
administered through such implants, shall | 23 |
| not be considered to be in
unauthorized possession or to | 24 |
| unlawfully manufacture, distribute, dispense,
deliver, or | 25 |
| possess with intent to deliver such anabolic steroid for
| 26 |
| purposes of this Act.
|
|
|
|
SB2943 |
- 25 - |
LRB095 20012 DRJ 46448 b |
|
| 1 |
| (d) "Administration" means the Drug Enforcement | 2 |
| Administration,
United States Department of Justice, or its | 3 |
| successor agency.
| 4 |
| (e) "Control" means to add a drug or other substance, or | 5 |
| immediate
precursor, to a Schedule under Article II of this Act | 6 |
| whether by
transfer from another Schedule or otherwise.
| 7 |
| (f) "Controlled Substance" means a drug, substance, or | 8 |
| immediate
precursor in the Schedules of Article II of this Act.
| 9 |
| (g) "Counterfeit substance" means a controlled substance, | 10 |
| which, or
the container or labeling of which, without | 11 |
| authorization bears the
trademark, trade name, or other | 12 |
| identifying mark, imprint, number or
device, or any likeness | 13 |
| thereof, of a manufacturer, distributor, or
dispenser other | 14 |
| than the person who in fact manufactured, distributed,
or | 15 |
| dispensed the substance.
| 16 |
| (h) "Deliver" or "delivery" means the actual, constructive | 17 |
| or
attempted transfer of possession of a controlled substance, | 18 |
| with or
without consideration, whether or not there is an | 19 |
| agency relationship.
The term does not include the donation of | 20 |
| prescription drugs to the extent permitted under the Cancer | 21 |
| Drug Repository Program Act.
| 22 |
| (i) "Department" means the Illinois Department of Human | 23 |
| Services (as
successor to the Department of Alcoholism and | 24 |
| Substance Abuse) or its successor agency.
| 25 |
| (j) "Department of State Police" means the Department of | 26 |
| State
Police of the State of Illinois or its successor agency.
|
|
|
|
SB2943 |
- 26 - |
LRB095 20012 DRJ 46448 b |
|
| 1 |
| (k) "Department of Corrections" means the Department of | 2 |
| Corrections
of the State of Illinois or its successor agency.
| 3 |
| (l) "Department of Professional Regulation" means the | 4 |
| Department
of Professional Regulation of the State of Illinois | 5 |
| or its successor agency.
| 6 |
| (m) "Depressant" or "stimulant substance" means:
| 7 |
| (1) a drug which contains any quantity of (i) | 8 |
| barbituric acid or
any of the salts of barbituric acid | 9 |
| which has been designated as habit
forming under section | 10 |
| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | 11 |
| U.S.C. 352 (d)); or
| 12 |
| (2) a drug which contains any quantity of (i) | 13 |
| amphetamine or
methamphetamine and any of their optical | 14 |
| isomers; (ii) any salt of
amphetamine or methamphetamine or | 15 |
| any salt of an optical isomer of
amphetamine; or (iii) any | 16 |
| substance which the Department, after
investigation, has | 17 |
| found to be, and by rule designated as, habit forming
| 18 |
| because of its depressant or stimulant effect on the | 19 |
| central nervous
system; or
| 20 |
| (3) lysergic acid diethylamide; or
| 21 |
| (4) any drug which contains any quantity of a substance | 22 |
| which the
Department, after investigation, has found to | 23 |
| have, and by rule
designated as having, a potential for | 24 |
| abuse because of its depressant or
stimulant effect on the | 25 |
| central nervous system or its hallucinogenic
effect.
| 26 |
| (n) (Blank).
|
|
|
|
SB2943 |
- 27 - |
LRB095 20012 DRJ 46448 b |
|
| 1 |
| (o) "Director" means the Director of the Department of | 2 |
| State Police or
the Department of Professional Regulation or | 3 |
| his designated agents.
| 4 |
| (p) "Dispense" means to deliver a controlled substance to | 5 |
| an
ultimate user or research subject by or pursuant to the | 6 |
| lawful order of
a prescriber, including the prescribing, | 7 |
| administering, packaging,
labeling, or compounding necessary | 8 |
| to prepare the substance for that
delivery.
| 9 |
| (q) "Dispenser" means a practitioner who dispenses.
| 10 |
| (r) "Distribute" means to deliver, other than by | 11 |
| administering or
dispensing, a controlled substance.
| 12 |
| (s) "Distributor" means a person who distributes.
| 13 |
| (t) "Drug" means (1) substances recognized as drugs in the | 14 |
| official
United States Pharmacopoeia, Official Homeopathic | 15 |
| Pharmacopoeia of the
United States, or official National | 16 |
| Formulary, or any supplement to any
of them; (2) substances | 17 |
| intended for use in diagnosis, cure, mitigation,
treatment, or | 18 |
| prevention of disease in man or animals; (3) substances
(other | 19 |
| than food) intended to affect the structure of any function of
| 20 |
| the body of man or animals and (4) substances intended for use | 21 |
| as a
component of any article specified in clause (1), (2), or | 22 |
| (3) of this
subsection. It does not include devices or their | 23 |
| components, parts, or
accessories.
| 24 |
| (t-5) "Euthanasia agency" means
an entity certified by the | 25 |
| Department of Professional Regulation for the
purpose of animal | 26 |
| euthanasia that holds an animal control facility license or
|
|
|
|
SB2943 |
- 28 - |
LRB095 20012 DRJ 46448 b |
|
| 1 |
| animal
shelter license under the Animal Welfare Act. A | 2 |
| euthanasia agency is
authorized to purchase, store, possess, | 3 |
| and utilize Schedule II nonnarcotic and
Schedule III | 4 |
| nonnarcotic drugs for the sole purpose of animal euthanasia.
| 5 |
| (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 6 |
| substances
(nonnarcotic controlled substances) that are used | 7 |
| by a euthanasia agency for
the purpose of animal euthanasia.
| 8 |
| (u) "Good faith" means the prescribing or dispensing of a | 9 |
| controlled
substance by a practitioner in the regular course of | 10 |
| professional
treatment to or for any person who is under his | 11 |
| treatment for a
pathology or condition other than that | 12 |
| individual's physical or
psychological dependence upon or | 13 |
| addiction to a controlled substance,
except as provided herein: | 14 |
| and application of the term to a pharmacist
shall mean the | 15 |
| dispensing of a controlled substance pursuant to the
| 16 |
| prescriber's order which in the professional judgment of the | 17 |
| pharmacist
is lawful. The pharmacist shall be guided by | 18 |
| accepted professional
standards including, but not limited to | 19 |
| the following, in making the
judgment:
| 20 |
| (1) lack of consistency of doctor-patient | 21 |
| relationship,
| 22 |
| (2) frequency of prescriptions for same drug by one | 23 |
| prescriber for
large numbers of patients,
| 24 |
| (3) quantities beyond those normally prescribed,
| 25 |
| (4) unusual dosages,
| 26 |
| (5) unusual geographic distances between patient, |
|
|
|
SB2943 |
- 29 - |
LRB095 20012 DRJ 46448 b |
|
| 1 |
| pharmacist and
prescriber,
| 2 |
| (6) consistent prescribing of habit-forming drugs.
| 3 |
| (u-1) "Home infusion services" means services provided by a | 4 |
| pharmacy in
compounding solutions for direct administration to | 5 |
| a patient in a private
residence, long-term care facility, or | 6 |
| hospice setting by means of parenteral,
intravenous, | 7 |
| intramuscular, subcutaneous, or intraspinal infusion.
| 8 |
| (v) "Immediate precursor" means a substance:
| 9 |
| (1) which the Department has found to be and by rule | 10 |
| designated as
being a principal compound used, or produced | 11 |
| primarily for use, in the
manufacture of a controlled | 12 |
| substance;
| 13 |
| (2) which is an immediate chemical intermediary used or | 14 |
| likely to
be used in the manufacture of such controlled | 15 |
| substance; and
| 16 |
| (3) the control of which is necessary to prevent, | 17 |
| curtail or limit
the manufacture of such controlled | 18 |
| substance.
| 19 |
| (w) "Instructional activities" means the acts of teaching, | 20 |
| educating
or instructing by practitioners using controlled | 21 |
| substances within
educational facilities approved by the State | 22 |
| Board of Education or
its successor agency.
| 23 |
| (x) "Local authorities" means a duly organized State, | 24 |
| County or
Municipal peace unit or police force.
| 25 |
| (y) "Look-alike substance" means a substance, other than a | 26 |
| controlled
substance which (1) by overall dosage unit |
|
|
|
SB2943 |
- 30 - |
LRB095 20012 DRJ 46448 b |
|
| 1 |
| appearance, including shape,
color, size, markings or lack | 2 |
| thereof, taste, consistency, or any other
identifying physical | 3 |
| characteristic of the substance, would lead a reasonable
person | 4 |
| to believe that the substance is a controlled substance, or (2) | 5 |
| is
expressly or impliedly represented to be a controlled | 6 |
| substance or is
distributed under circumstances which would | 7 |
| lead a reasonable person to
believe that the substance is a | 8 |
| controlled substance. For the purpose of
determining whether | 9 |
| the representations made or the circumstances of the
| 10 |
| distribution would lead a reasonable person to believe the | 11 |
| substance to be
a controlled substance under this clause (2) of | 12 |
| subsection (y), the court or
other authority may consider the | 13 |
| following factors in addition to any other
factor that may be | 14 |
| relevant:
| 15 |
| (a) statements made by the owner or person in control | 16 |
| of the substance
concerning its nature, use or effect;
| 17 |
| (b) statements made to the buyer or recipient that the | 18 |
| substance may
be resold for profit;
| 19 |
| (c) whether the substance is packaged in a manner | 20 |
| normally used for the
illegal distribution of controlled | 21 |
| substances;
| 22 |
| (d) whether the distribution or attempted distribution | 23 |
| included an
exchange of or demand for money or other | 24 |
| property as consideration, and
whether the amount of the | 25 |
| consideration was substantially greater than the
| 26 |
| reasonable retail market value of the substance.
|
|
|
|
SB2943 |
- 31 - |
LRB095 20012 DRJ 46448 b |
|
| 1 |
| Clause (1) of this subsection (y) shall not apply to a | 2 |
| noncontrolled
substance in its finished dosage form that was | 3 |
| initially introduced into
commerce prior to the initial | 4 |
| introduction into commerce of a controlled
substance in its | 5 |
| finished dosage form which it may substantially resemble.
| 6 |
| Nothing in this subsection (y) prohibits the dispensing or | 7 |
| distributing
of noncontrolled substances by persons authorized | 8 |
| to dispense and
distribute controlled substances under this | 9 |
| Act, provided that such action
would be deemed to be carried | 10 |
| out in good faith under subsection (u) if the
substances | 11 |
| involved were controlled substances.
| 12 |
| Nothing in this subsection (y) or in this Act prohibits the | 13 |
| manufacture,
preparation, propagation, compounding, | 14 |
| processing, packaging, advertising
or distribution of a drug or | 15 |
| drugs by any person registered pursuant to
Section 510 of the | 16 |
| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 17 |
| (y-1) "Mail-order pharmacy" means a pharmacy that is | 18 |
| located in a state
of the United States, other than Illinois, | 19 |
| that delivers, dispenses or
distributes, through the United | 20 |
| States Postal Service or other common
carrier, to Illinois | 21 |
| residents, any substance which requires a prescription.
| 22 |
| (z) "Manufacture" means the production, preparation, | 23 |
| propagation,
compounding, conversion or processing of a | 24 |
| controlled substance other than methamphetamine, either
| 25 |
| directly or indirectly, by extraction from substances of | 26 |
| natural origin,
or independently by means of chemical |
|
|
|
SB2943 |
- 32 - |
LRB095 20012 DRJ 46448 b |
|
| 1 |
| synthesis, or by a combination of
extraction and chemical | 2 |
| synthesis, and includes any packaging or
repackaging of the | 3 |
| substance or labeling of its container, except that
this term | 4 |
| does not include:
| 5 |
| (1) by an ultimate user, the preparation or compounding | 6 |
| of a
controlled substance for his own use; or
| 7 |
| (2) by a practitioner, or his authorized agent under | 8 |
| his
supervision, the preparation, compounding, packaging, | 9 |
| or 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 packaging, repackaging, or labeling of | 16 |
| prescription drugs only to the extent required under the | 17 |
| Cancer Drug Repository Program Act. | 18 |
| (z-1) (Blank).
| 19 |
| (aa) "Narcotic drug" means any of the following, whether | 20 |
| produced
directly or indirectly by extraction from substances | 21 |
| of natural origin,
or independently by means of chemical | 22 |
| synthesis, or by a combination of
extraction and chemical | 23 |
| synthesis:
| 24 |
| (1) opium and opiate, and any salt, compound, | 25 |
| derivative, or
preparation of opium or opiate;
| 26 |
| (2) any salt, compound, isomer, derivative, or |
|
|
|
SB2943 |
- 33 - |
LRB095 20012 DRJ 46448 b |
|
| 1 |
| preparation thereof
which is chemically equivalent or | 2 |
| identical with any of the substances
referred to in clause | 3 |
| (1), but not including the isoquinoline alkaloids
of opium;
| 4 |
| (3) opium poppy and poppy straw;
| 5 |
| (4) coca leaves and any salts, compound, isomer, salt | 6 |
| of an isomer,
derivative, or preparation of coca leaves | 7 |
| including cocaine or ecgonine,
and any salt, compound, | 8 |
| isomer, derivative, or preparation thereof which is
| 9 |
| chemically equivalent or identical with any of these | 10 |
| substances, but not
including decocainized coca leaves or | 11 |
| extractions of coca leaves which do
not contain cocaine or | 12 |
| ecgonine (for the purpose of this paragraph, the
term | 13 |
| "isomer" includes optical, positional and geometric | 14 |
| isomers).
| 15 |
| (bb) "Nurse" means a registered nurse licensed under the
| 16 |
| Nurse Practice Act.
| 17 |
| (cc) (Blank).
| 18 |
| (dd) "Opiate" means any substance having an addiction | 19 |
| forming or
addiction sustaining liability similar to morphine | 20 |
| or being capable of
conversion into a drug having addiction | 21 |
| forming or addiction sustaining
liability.
| 22 |
| (ee) "Opium poppy" means the plant of the species Papaver
| 23 |
| somniferum L., except its seeds.
| 24 |
| (ff) "Parole and Pardon Board" means the Parole and Pardon | 25 |
| Board of
the State of Illinois or its successor agency.
| 26 |
| (gg) "Person" means any individual, corporation, |
|
|
|
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| 1 |
| mail-order pharmacy,
government or governmental subdivision or | 2 |
| agency, business trust, estate,
trust, partnership or | 3 |
| association, or any other entity.
| 4 |
| (hh) "Pharmacist" means any person who holds a license or | 5 |
| certificate of
registration as a registered pharmacist, a local | 6 |
| registered pharmacist
or a registered assistant pharmacist | 7 |
| under the Pharmacy Practice Act.
| 8 |
| (ii) "Pharmacy" means any store, ship or other place in | 9 |
| which
pharmacy is authorized to be practiced under the Pharmacy | 10 |
| Practice Act.
| 11 |
| (jj) "Poppy straw" means all parts, except the seeds, of | 12 |
| the opium
poppy, after mowing.
| 13 |
| (kk) "Practitioner" means a physician licensed to practice | 14 |
| medicine in all
its branches, dentist, optometrist, | 15 |
| podiatrist,
veterinarian, scientific investigator, pharmacist, | 16 |
| physician assistant,
advanced practice nurse,
licensed | 17 |
| practical
nurse, registered nurse, hospital, laboratory, or | 18 |
| pharmacy, or other
person licensed, registered, or otherwise | 19 |
| lawfully permitted by the
United States or this State to | 20 |
| distribute, dispense, conduct research
with respect to, | 21 |
| administer or use in teaching or chemical analysis, a
| 22 |
| controlled substance in the course of professional practice or | 23 |
| research.
| 24 |
| (ll) "Pre-printed prescription" means a written | 25 |
| prescription upon which
the designated drug has been indicated | 26 |
| prior to the time of issuance.
|
|
|
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| (mm) "Prescriber" means a physician licensed to practice | 2 |
| medicine in all
its branches, dentist, optometrist, podiatrist | 3 |
| or
veterinarian who issues a prescription, a physician | 4 |
| assistant who
issues a
prescription for a Schedule III, IV, or | 5 |
| V controlled substance
in accordance
with Section 303.05 and | 6 |
| the written guidelines required under Section 7.5
of the
| 7 |
| Physician Assistant Practice Act of 1987, or an advanced | 8 |
| practice
nurse with prescriptive authority delegated under | 9 |
| Section 65-40 of the Nurse Practice Act and in accordance with | 10 |
| Section 303.05
and a written
collaborative agreement under | 11 |
| Section 65-35 of the Nurse Practice Act.
| 12 |
| (nn) "Prescription" means a lawful written, facsimile, or | 13 |
| verbal order
of
a physician licensed to practice medicine in | 14 |
| all its branches,
dentist, podiatrist or veterinarian for any | 15 |
| controlled
substance, of an optometrist for a Schedule III, IV, | 16 |
| or V controlled substance in accordance with Section 15.1 of | 17 |
| the Illinois Optometric Practice Act of 1987, of a physician | 18 |
| assistant for a Schedule III, IV, or V
controlled substance
in | 19 |
| accordance with Section 303.05 and the written guidelines | 20 |
| required under
Section 7.5 of the
Physician Assistant Practice | 21 |
| Act of 1987, or of an advanced practice
nurse with prescriptive | 22 |
| authority delegated under Section 65-40 of the Nurse Practice | 23 |
| Act who issues a prescription for a Schedule III, IV, or V
| 24 |
| controlled substance in accordance
with
Section 303.05 and a | 25 |
| written collaborative agreement under Section 65-35 of the | 26 |
| Nurse Practice Act.
|
|
|
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|
| 1 |
| (oo) "Production" or "produce" means manufacture, | 2 |
| planting,
cultivating, growing, or harvesting of a controlled | 3 |
| substance other than methamphetamine.
| 4 |
| (pp) "Registrant" means every person who is required to | 5 |
| register
under Section 302 of this Act.
| 6 |
| (qq) "Registry number" means the number assigned to each | 7 |
| person
authorized to handle controlled substances under the | 8 |
| laws of the United
States and of this State.
| 9 |
| (rr) "State" includes the State of Illinois and any state, | 10 |
| district,
commonwealth, territory, insular possession thereof, | 11 |
| and any area
subject to the legal authority of the United | 12 |
| States of America.
| 13 |
| (ss) "Ultimate user" means a person who lawfully possesses | 14 |
| a
controlled substance for his own use or for the use of a | 15 |
| member of his
household or for administering to an animal owned | 16 |
| by him or by a member
of his household.
| 17 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08; | 18 |
| 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; revised | 19 |
| 11-19-07.)
| 20 |
| Section 95. The Cannabis and Controlled Substances Tort | 21 |
| Claims Act is amended by changing Section 3 as follows:
| 22 |
| (740 ILCS 20/3) (from Ch. 70, par. 903)
| 23 |
| Sec. 3. Definitions. As used in this Act, unless the | 24 |
| context otherwise
requires:
|
|
|
|
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|
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| "Cannabis" includes marihuana, hashish, and other | 2 |
| substances that
are identified as including any parts of the | 3 |
| plant Cannabis Sativa, whether
growing or not, the seeds of | 4 |
| that plant, the resin extracted from any part of
that plant, | 5 |
| and any compound, manufacture, salt, derivative, mixture, or
| 6 |
| preparation of that plant, its seeds, or resin, including
| 7 |
| tetrahydrocannabinol (THC) and all other cannabinol | 8 |
| derivatives, including
its naturally occurring or | 9 |
| synthetically produced ingredients, whether
produced directly | 10 |
| or indirectly by extraction, independently by means of
chemical | 11 |
| synthesis, or by a combination of extraction and chemical
| 12 |
| synthesis. "Cannabis" does not include the mature stalks of | 13 |
| that plant, fiber
produced from those stalks, oil or cake made | 14 |
| from the seeds of that plant,
any other compound, manufacture, | 15 |
| salt, derivative, mixture, or preparation
of mature stalks | 16 |
| (except the extracted resin), fiber, oil
or cake, or the | 17 |
| sterilized seeds of that plant that are incapable of
| 18 |
| germination.
| 19 |
| "Controlled substance" means a drug, substance, or | 20 |
| immediate precursor in
the Schedules of Article II of the | 21 |
| Illinois Controlled Substances Act.
| 22 |
| "Counterfeit substance" means a controlled substance or | 23 |
| the container or
labeling of a controlled substance that, | 24 |
| without authorization, bears the
trademark, trade name, or | 25 |
| other identifying mark, imprint, number, device,
or any | 26 |
| likeness thereof of a manufacturer, distributor, or dispenser |
|
|
|
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|
| 1 |
| other
than the person who in fact manufactured, distributed, or | 2 |
| dispensed the
substance.
| 3 |
| "Deliver" or "delivery" means the actual, constructive, or | 4 |
| attempted
transfer of possession of a controlled substance or | 5 |
| cannabis, with or
without consideration, whether or not there | 6 |
| is an agency relationship. The term does not include the | 7 |
| donation of prescription drugs to the extent permitted under | 8 |
| the Cancer Drug Repository Program Act.
| 9 |
| "Manufacture" means the production, preparation, | 10 |
| propagation,
compounding, conversion, or processing of a | 11 |
| controlled substance, either
directly or indirectly, by | 12 |
| extraction from substances of natural origin,
independently by | 13 |
| means of chemical synthesis, or by a combination of
extraction | 14 |
| and chemical synthesis, and includes any packaging or
| 15 |
| repackaging of the substance or labeling of its container, | 16 |
| except that the
term does not include:
| 17 |
| (1) by an ultimate user, the preparation or compounding | 18 |
| of a
controlled substance for his own use;
| 19 |
| (2) by a practitioner or his authorized agent under his | 20 |
| supervision,
the preparation, compounding, packaging, or | 21 |
| labeling of a controlled substance : ;
| 22 |
| (A) as an incident to his administering or | 23 |
| dispensing of a controlled
substance in the course of | 24 |
| his professional practice; or
| 25 |
| (B) as an incident to lawful research, teaching or | 26 |
| chemical analysis
and not for sale; or
|
|
|
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| 1 |
| (3) the preparation, compounding, packaging, or | 2 |
| labeling of cannabis
as an incident to lawful research, | 3 |
| teaching, or chemical analysis and not
for sale ; or .
| 4 |
| (4) the packaging, repackaging, or labeling of | 5 |
| prescription drugs only to the extent required under the | 6 |
| Cancer Drug Repository Program Act.
| 7 |
| "Owner" means a person who has possession of or any | 8 |
| interest
whatsoever in the property involved.
| 9 |
| "Person" means an individual, a corporation, a government,
| 10 |
| a governmental subdivision or agency, a business trust, an | 11 |
| estate, a trust,
a partnership or association, or any other | 12 |
| entity.
| 13 |
| "Production" means planting, cultivating, tending, or | 14 |
| harvesting.
| 15 |
| "Property" means real property, including things growing | 16 |
| on,
affixed to, and found in land, and tangible or intangible | 17 |
| personal
property, including rights, services, privileges, | 18 |
| interests, claims,
and securities.
| 19 |
| (Source: P.A. 87-544.)
|
|
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| New Act |
|
| 4 |
| 225 ILCS 85/4 |
from Ch. 111, par. 4124 |
| 5 |
| 225 ILCS 120/15 |
from Ch. 111, par. 8301-15 |
| 6 |
| 320 ILCS 50/10 |
|
| 7 |
| 410 ILCS 620/16 |
from Ch. 56 1/2, par. 516 |
| 8 |
| 720 ILCS 570/102 |
from Ch. 56 1/2, par. 1102 |
| 9 |
| 740 ILCS 20/3 |
from Ch. 70, par. 903 |
| |
|