(225 ILCS 60/33) (from Ch. 111, par. 4400-33)
(Section scheduled to be repealed on January 1, 2027)
Sec. 33. Legend drugs. (a) Any person licensed under this Act to practice medicine in all
of its branches shall be authorized to purchase legend drugs requiring an
order of a person authorized to prescribe drugs, and to dispense such legend
drugs in the regular course of practicing medicine. The dispensing of such
legend drugs shall be the personal act of the person licensed under this
Act and may not be delegated to any other person not licensed under this
Act or the Pharmacy Practice Act
unless such delegated
dispensing functions are under the direct supervision of the physician
authorized to dispense legend drugs. Except when dispensing manufacturers'
samples or other legend drugs in a maximum 72 hour supply, persons licensed
under this Act shall maintain a book or file of prescriptions as required
in the Pharmacy Practice Act. Any person licensed under this
Act who dispenses any drug or medicine shall dispense such drug or
medicine in good faith and shall affix to the box, bottle,
vessel or package containing the same a label indicating (1)
the date on which such drug or medicine is dispensed; (2)
the name of the patient; (3) the last name of the person
dispensing such drug or medicine; (4) the directions for use
thereof; and (5) the proprietary name or names or, if there
are none, the established name or names of the drug or
medicine, the dosage and quantity, except as otherwise
authorized by regulation of the Department.
(b) The labeling requirements set forth in subsection (a) shall
not apply to drugs or medicines in a package which bears a label of the
manufacturer containing information describing its contents
which is in compliance with requirements of the Federal
Food, Drug, and Cosmetic Act and the Illinois Food, Drug, and Cosmetic Act.
"Drug" and "medicine" have the meanings ascribed to them in the Pharmacy Practice
Act, as now or hereafter amended; "good faith" has the meaning
ascribed to it in subsection (u) of Section 102 of the Illinois Controlled
Substances Act.
(c) Prior to dispensing a prescription to a patient, the physician shall
offer a written prescription to the patient which the patient may elect to
have filled by the physician or any licensed pharmacy.
(d) A violation of any provision of this Section shall constitute a violation
of this Act and shall be grounds for disciplinary action provided for in
this Act.
(e) Nothing in this Section shall be construed to authorize a chiropractic physician to prescribe drugs. (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
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