Full Text of HB3356 102nd General Assembly
HB3356 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3356 Introduced 2/22/2021, by Rep. Charles Meier SYNOPSIS AS INTRODUCED: |
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720 ILCS 570/312 | from Ch. 56 1/2, par. 1312 |
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Amends the Illinois Controlled Substances Act. Provides that an initial prescription for an opioid may only be issued for a 7-day supply. Defines "opioid".
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| | A BILL FOR |
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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 Section 312 as follows:
| 6 | | (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
| 7 | | Sec. 312. Requirements for dispensing controlled | 8 | | substances.
| 9 | | (a) A practitioner, in good faith, may dispense a Schedule
| 10 | | II controlled substance, which is a narcotic drug listed in | 11 | | Section 206
of this Act; or which contains any quantity of | 12 | | amphetamine or
methamphetamine, their salts, optical isomers | 13 | | or salts of optical
isomers; phenmetrazine and its salts; or | 14 | | pentazocine; and Schedule III, IV, or V controlled substances
| 15 | | to any person upon
a written or electronic prescription of any | 16 | | prescriber, dated and signed
by the
person prescribing (or | 17 | | electronically validated in compliance with Section 311.5) on | 18 | | the day when issued and bearing the name and
address of the | 19 | | patient for whom, or the owner of the animal for which
the | 20 | | controlled substance is dispensed, and the full name, address | 21 | | and
registry number under the laws of the United States | 22 | | relating to
controlled substances of the prescriber, if he or | 23 | | she is
required by
those laws to be registered. If the |
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| 1 | | prescription is for an animal it
shall state the species of | 2 | | animal for which it is ordered. The
practitioner filling the | 3 | | prescription shall, unless otherwise permitted, write the date | 4 | | of filling
and his or her own signature on the face of the | 5 | | written prescription or, alternatively, shall indicate such | 6 | | filling using a unique identifier as defined in paragraph (v) | 7 | | of Section 3 of the Pharmacy Practice Act.
The written | 8 | | prescription shall be
retained on file by the practitioner who | 9 | | filled it or pharmacy in which
the prescription was filled for | 10 | | a period of 2 years, so as to be readily
accessible for | 11 | | inspection or removal by any officer or employee engaged
in | 12 | | the enforcement of this Act. Whenever the practitioner's or
| 13 | | pharmacy's copy of any prescription is removed by an officer | 14 | | or
employee engaged in the enforcement of this Act, for the | 15 | | purpose of
investigation or as evidence, such officer or | 16 | | employee shall give to the
practitioner or pharmacy a receipt | 17 | | in lieu thereof. If the specific prescription is machine or | 18 | | computer generated and printed at the prescriber's office, the | 19 | | date does not need to be handwritten. A prescription
for a | 20 | | Schedule II controlled substance shall not be issued for more | 21 | | than a 30 day supply, except as provided in subsection | 22 | | (a-5) and (a-6) , and shall be valid for up to 90 days
after the | 23 | | date of issuance , except for opioids that may only be | 24 | | dispensed for the length of time provided in subsection (a-6) . | 25 | | A written prescription for Schedule III, IV or
V controlled | 26 | | substances shall not be filled or refilled more than 6 months
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| 1 | | after the date thereof or refilled more than 5 times unless | 2 | | renewed, in
writing, by the prescriber. A pharmacy shall | 3 | | maintain a policy regarding the type of identification | 4 | | necessary, if any, to receive a prescription in accordance | 5 | | with State and federal law. The pharmacy must post such | 6 | | information where prescriptions are filled.
| 7 | | (a-5) Physicians may issue multiple prescriptions (3 | 8 | | sequential 30-day supplies) for the same Schedule II | 9 | | controlled substance, authorizing up to a 90-day supply. | 10 | | Before authorizing a 90-day supply of a Schedule II controlled | 11 | | substance, the physician must meet the following conditions: | 12 | | (1) Each separate prescription must be issued for a | 13 | | legitimate medical purpose by an individual physician | 14 | | acting in the usual course of professional practice. | 15 | | (2) The individual physician must provide written | 16 | | instructions on each prescription (other than the first | 17 | | prescription, if the prescribing physician intends for the | 18 | | prescription to be filled immediately) indicating the | 19 | | earliest date on which a pharmacy may fill that | 20 | | prescription. | 21 | | (3) The physician shall document in the medical record | 22 | | of a patient the medical necessity for the amount and | 23 | | duration of the 3 sequential 30-day prescriptions for | 24 | | Schedule II narcotics. | 25 | | (a-6) An initial prescription for an opioid may only be | 26 | | issued for a 7-day supply. In this subsection, "opioid" means |
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| 1 | | a narcotic drug or substance that is a
Schedule II controlled | 2 | | substance under paragraph (1), (2), (3),
or (5) of subsection | 3 | | (b) or under subsection (c) of Section 206
of this Act. | 4 | | (b) In lieu of a written prescription required by this | 5 | | Section, a
pharmacist, in good faith, may dispense Schedule | 6 | | III, IV, or V
substances to any person either upon receiving a | 7 | | facsimile of a written,
signed prescription transmitted by the | 8 | | prescriber or the prescriber's agent
or upon a lawful oral | 9 | | prescription of a
prescriber which oral prescription shall be | 10 | | reduced
promptly to
writing by the pharmacist and such written | 11 | | memorandum thereof shall be
dated on the day when such oral | 12 | | prescription is received by the
pharmacist and shall bear the | 13 | | full name and address of the ultimate user
for whom, or of the | 14 | | owner of the animal for which the controlled
substance is | 15 | | dispensed, and the full name, address, and registry number
| 16 | | under the law of the United States relating to controlled | 17 | | substances of
the prescriber prescribing if he or she is | 18 | | required by those laws
to be so
registered, and the pharmacist | 19 | | filling such oral prescription shall
write the date of filling | 20 | | and his or her own signature on the face of such
written | 21 | | memorandum thereof. The facsimile copy of the prescription or
| 22 | | written memorandum of the oral
prescription shall be retained | 23 | | on file by the proprietor of the pharmacy
in which it is filled | 24 | | for a period of not less than two years, so as to
be readily | 25 | | accessible for inspection by any officer or employee engaged
| 26 | | in the enforcement of this Act in the same manner as a written
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| 1 | | prescription. The facsimile copy of the prescription or oral | 2 | | prescription
and the written memorandum thereof
shall not be | 3 | | filled or refilled more than 6 months after the date
thereof or | 4 | | be refilled more than 5 times, unless renewed, in writing, by
| 5 | | the prescriber.
| 6 | | (c) Except for any non-prescription targeted | 7 | | methamphetamine precursor regulated by the Methamphetamine | 8 | | Precursor Control Act, a
controlled substance included in | 9 | | Schedule V shall not be
distributed or dispensed other than | 10 | | for a medical purpose and not for
the purpose of evading this | 11 | | Act, and then:
| 12 | | (1) only personally by a person registered to dispense | 13 | | a Schedule V
controlled substance and then only to his or | 14 | | her patients, or
| 15 | | (2) only personally by a pharmacist, and then only to | 16 | | a person over
21 years of age who has identified himself or | 17 | | herself to the pharmacist by means of
2 positive documents | 18 | | of identification.
| 19 | | (3) the dispenser shall record the name and address of | 20 | | the
purchaser, the name and quantity of the product, the | 21 | | date and time of
the sale, and the dispenser's signature.
| 22 | | (4) no person shall purchase or be dispensed more than | 23 | | 120
milliliters or more than 120 grams of any Schedule V | 24 | | substance which
contains codeine, dihydrocodeine, or any | 25 | | salts thereof, or
ethylmorphine, or any salts thereof, in | 26 | | any 96 hour period. The
purchaser shall sign a form, |
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| 1 | | approved by the Department of Financial and Professional
| 2 | | Regulation, attesting that he or she has not purchased any | 3 | | Schedule V
controlled substances within the immediately | 4 | | preceding 96 hours.
| 5 | | (5) (Blank).
| 6 | | (6) all records of purchases and sales shall be | 7 | | maintained for not
less than 2 years.
| 8 | | (7) no person shall obtain or attempt to obtain within | 9 | | any
consecutive 96 hour period any Schedule V substances | 10 | | of more than 120
milliliters or more than 120 grams | 11 | | containing codeine, dihydrocodeine or
any of its salts, or | 12 | | ethylmorphine or any of its salts. Any person
obtaining | 13 | | any such preparations or combination of preparations in | 14 | | excess
of this limitation shall be in unlawful possession | 15 | | of such controlled
substance.
| 16 | | (8) a person qualified to dispense controlled | 17 | | substances under this
Act and registered thereunder shall | 18 | | at no time maintain or keep in stock
a quantity of Schedule | 19 | | V controlled substances in excess of 4.5 liters for each
| 20 | | substance; a pharmacy shall at no time maintain or keep in | 21 | | stock a
quantity of Schedule V controlled substances as | 22 | | defined in excess of 4.5
liters for each substance, plus | 23 | | the additional quantity of controlled
substances necessary | 24 | | to fill the largest number of prescription orders
filled | 25 | | by that pharmacy for such controlled substances in any one | 26 | | week
in the previous year. These limitations shall not |
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| 1 | | apply to Schedule V
controlled substances which Federal | 2 | | law prohibits from being dispensed
without a prescription.
| 3 | | (9) no person shall distribute or dispense butyl | 4 | | nitrite for
inhalation or other introduction into the | 5 | | human body for euphoric or
physical effect.
| 6 | | (d) Every practitioner shall keep a record or log of | 7 | | controlled substances
received by him or her and a record of | 8 | | all such controlled substances
administered, dispensed or | 9 | | professionally used by him or her otherwise than by
| 10 | | prescription. It shall, however, be sufficient compliance with | 11 | | this
paragraph if any practitioner utilizing controlled | 12 | | substances listed in
Schedules III, IV and V shall keep a | 13 | | record of all those substances
dispensed and distributed by | 14 | | him or her other than those controlled substances
which are | 15 | | administered by the direct application of a controlled
| 16 | | substance, whether by injection, inhalation, ingestion, or any | 17 | | other
means to the body of a patient or research subject. A | 18 | | practitioner who
dispenses, other than by administering, a | 19 | | controlled substance in
Schedule II, which is a narcotic drug | 20 | | listed in Section 206 of this Act,
or which contains any | 21 | | quantity of amphetamine or methamphetamine, their
salts, | 22 | | optical isomers or salts of optical isomers, pentazocine, or
| 23 | | methaqualone shall do so only upon
the issuance of a written | 24 | | prescription blank or electronic prescription issued by a
| 25 | | prescriber.
| 26 | | (e) Whenever a manufacturer distributes a controlled |
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| 1 | | substance in a
package prepared by him or her, and whenever a | 2 | | wholesale distributor
distributes a controlled substance in a | 3 | | package prepared by him or her or the
manufacturer, he or she | 4 | | shall securely affix to each package in which that
substance | 5 | | is contained a label showing in legible English the name and
| 6 | | address of the manufacturer, the distributor and the quantity, | 7 | | kind and
form of controlled substance contained therein. No | 8 | | person except a
pharmacist and only for the purposes of | 9 | | filling a prescription under
this Act, shall alter, deface or | 10 | | remove any label so affixed.
| 11 | | (f) Whenever a practitioner dispenses any controlled | 12 | | substance except a non-prescription Schedule V product or a | 13 | | non-prescription targeted methamphetamine precursor regulated | 14 | | by the Methamphetamine Precursor Control Act, he or she
shall | 15 | | affix to the container in which such substance is sold or
| 16 | | dispensed, a label indicating the date of initial filling, the | 17 | | practitioner's
name and address, the name
of the patient, the | 18 | | name of the prescriber,
the directions
for use and cautionary | 19 | | statements, if any, contained in any prescription
or required | 20 | | by law, the proprietary name or names or the established name
| 21 | | of the controlled substance, and the dosage and quantity, | 22 | | except as otherwise
authorized by regulation by the Department | 23 | | of Financial and Professional Regulation. No
person shall | 24 | | alter, deface or remove any label so affixed as long as the | 25 | | specific medication remains in the container.
| 26 | | (g) A person to whom or for whose use any controlled |
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| 1 | | substance has
been prescribed or dispensed by a practitioner, | 2 | | or other persons
authorized under this Act, and the owner of | 3 | | any animal for which such
substance has been prescribed or | 4 | | dispensed by a veterinarian, may
lawfully possess such | 5 | | substance only in the container in which it was
delivered to | 6 | | him or her by the person dispensing such substance.
| 7 | | (h) The responsibility for the proper prescribing or | 8 | | dispensing of
controlled substances that are under the | 9 | | prescriber's direct control is upon the prescriber. The | 10 | | responsibility for
the proper filling of a prescription for | 11 | | controlled substance drugs
rests with the pharmacist. An order | 12 | | purporting to be a prescription
issued to any individual, | 13 | | which is not in the regular course of
professional treatment | 14 | | nor part of an authorized methadone maintenance
program, nor | 15 | | in legitimate and authorized research instituted by any
| 16 | | accredited hospital, educational institution, charitable | 17 | | foundation, or
federal, state or local governmental agency, | 18 | | and which is intended to
provide that individual with | 19 | | controlled substances sufficient to
maintain that individual's | 20 | | or any other individual's physical or
psychological addiction, | 21 | | habitual or customary use, dependence, or
diversion of that | 22 | | controlled substance is not a prescription within the
meaning | 23 | | and intent of this Act; and the person issuing it, shall be
| 24 | | subject to the penalties provided for violations of the law | 25 | | relating to
controlled substances.
| 26 | | (i) A prescriber shall not pre-print or cause to be
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| 1 | | pre-printed a
prescription for any controlled substance; nor | 2 | | shall any practitioner
issue, fill or cause to be issued or | 3 | | filled, a pre-printed prescription
for any controlled | 4 | | substance.
| 5 | | (i-5) A prescriber may use a machine or electronic device | 6 | | to individually generate a printed prescription, but the | 7 | | prescriber is still required to affix his or her manual | 8 | | signature. | 9 | | (j) No person shall manufacture, dispense, deliver, | 10 | | possess with
intent to deliver, prescribe, or administer or | 11 | | cause to be administered
under his or her direction any | 12 | | anabolic steroid, for any use in humans other than
the | 13 | | treatment of disease in accordance with the order of a | 14 | | physician licensed
to practice medicine in all its branches | 15 | | for a
valid medical purpose in the course of professional | 16 | | practice. The use of
anabolic steroids for the purpose of | 17 | | hormonal manipulation that is intended
to increase muscle | 18 | | mass, strength or weight without a medical necessity to
do so, | 19 | | or for the intended purpose of improving physical appearance | 20 | | or
performance in any form of exercise, sport, or game, is not | 21 | | a valid medical
purpose or in the course of professional | 22 | | practice.
| 23 | | (k) Controlled substances may be mailed if all of the | 24 | | following conditions are met: | 25 | | (1) The controlled substances are not outwardly | 26 | | dangerous and are not likely, of their own force, to cause |
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| 1 | | injury to a person's life or health. | 2 | | (2) The inner container of a parcel containing | 3 | | controlled substances must be marked and sealed as | 4 | | required under this Act and its rules, and be placed in a | 5 | | plain outer container or securely wrapped in plain paper. | 6 | | (3) If the controlled substances consist of | 7 | | prescription medicines, the inner container must be | 8 | | labeled to show the name and address of the pharmacy or | 9 | | practitioner dispensing the prescription. | 10 | | (4) The outside wrapper or container must be free of | 11 | | markings that would indicate the nature of the contents. | 12 | | (l) Notwithstanding any other provision of this Act to the | 13 | | contrary, emergency medical services personnel may administer | 14 | | Schedule II, III, IV, or V controlled substances to a person in | 15 | | the scope of their employment without a written, electronic, | 16 | | or oral prescription of a prescriber. | 17 | | (Source: P.A. 99-78, eff. 7-20-15; 99-480, eff. 9-9-15; | 18 | | 100-280, eff. 1-1-18 .)
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