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Public Act 100-0218 | ||||
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AN ACT concerning regulation.
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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 5. The Pharmacy Practice Act is amended by 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(Section scheduled to be repealed on January 1, 2018)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 | ||||
this Act shall
apply
to, or in any manner interfere with:
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(a) the lawful practice of any physician licensed to | ||||
practice medicine in
all of its branches, dentist, podiatric | ||||
physician,
veterinarian, or therapeutically or diagnostically | ||||
certified optometrist within
the limits of
his or her license, | ||||
or prevent him or her from
supplying to his
or her
bona fide | ||||
patients
such 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 | ||||
household remedies
when sold in original and unbroken packages | ||||
only, if such patent or
proprietary medicines and household | ||||
remedies be properly and adequately
labeled as to content and | ||||
usage and generally considered and accepted
as harmless and | ||||
nonpoisonous when used according to the directions
on the |
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, | ||
according
to the latest editions of the following authoritative | ||
pharmaceutical
treatises and standards, namely, The United | ||
States Pharmacopoeia/National
Formulary (USP/NF), the United | ||
States Dispensatory, and the Accepted
Dental Remedies of the | ||
Council of Dental Therapeutics of the American
Dental | ||
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 | ||
the Federal
Food, Drug, and Cosmetic Act and Regulations of the | ||
Department of Health
and Human Services, Food and Drug | ||
Administration, promulgated thereunder
now in effect, is | ||
designated, described or considered as a narcotic,
hypnotic, | ||
habit forming, dangerous, or poisonous drug;
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(d) the sale of poultry and livestock remedies in original | ||
and unbroken
packages only, labeled for poultry and livestock | ||
medication;
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(e) the sale of poisonous substances or mixture of | ||
poisonous substances,
in unbroken packages, for nonmedicinal | ||
use in the arts or industries
or for insecticide purposes; | ||
provided, they are properly and adequately
labeled as to | ||
content and such nonmedicinal usage, in conformity
with the | ||
provisions of all applicable federal, state and local laws
and | ||
regulations promulgated thereunder now in effect relating | ||
thereto
and governing the same, and those which are required | ||
under such applicable
laws and regulations to be labeled with |
the word "Poison", are also labeled
with the word "Poison" | ||
printed
thereon in prominent type and the name of a readily | ||
obtainable antidote
with directions for its administration;
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(f) the delegation of limited prescriptive authority by a | ||
physician
licensed to
practice medicine in all its branches to | ||
a physician assistant
under Section 7.5 of the Physician | ||
Assistant Practice Act of 1987. This
delegated authority under | ||
Section 7.5 of the Physician Assistant Practice Act of 1987 | ||
may, but is not required to, include prescription of
controlled | ||
substances, as defined in Article II of the
Illinois Controlled | ||
Substances Act, in accordance with a written supervision | ||
agreement; and
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(g) the delegation of prescriptive authority by a physician
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licensed to practice medicine in all its branches or a licensed | ||
podiatric physician to an advanced practice
nurse in accordance | ||
with a written collaborative
agreement under Sections 65-35 and | ||
65-40 of the Nurse Practice Act ; and .
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(h) the sale or distribution of dialysate or devices | ||
necessary to perform home peritoneal renal dialysis for | ||
patients with end-stage renal disease, provided that all of the | ||
following conditions are met: | ||
(1) the dialysate, comprised of dextrose or | ||
icodextrin, or devices are approved or cleared by the | ||
federal Food and Drug Administration, as required by | ||
federal law; | ||
(2) the dialysate or devices are lawfully held by a |
manufacturer or the manufacturer's agent, which is | ||
properly registered with the Board as a manufacturer or | ||
wholesaler; | ||
(3) the dialysate or devices are held and delivered to | ||
the manufacturer or the manufacturer's agent in the | ||
original, sealed packaging from the manufacturing | ||
facility; | ||
(4) the dialysate or devices are delivered only upon | ||
receipt of a physician's prescription by a licensed | ||
pharmacy in which the prescription is processed in | ||
accordance with provisions set forth in this Act, and the | ||
transmittal of an order from the licensed pharmacy to the | ||
manufacturer or the manufacturer's agent; and | ||
(5) the manufacturer or the manufacturer's agent | ||
delivers the dialysate or devices directly to: (i) a | ||
patient with end-stage renal disease, or his or her | ||
designee, for the patient's self-administration of the | ||
dialysis therapy or (ii) a health care provider or | ||
institution for administration or delivery of the dialysis | ||
therapy to a patient with end-stage renal disease. | ||
This paragraph (h) does not include any other drugs for | ||
peritoneal dialysis, except dialysate, as described in item (1) | ||
of this paragraph (h). All records of sales and distribution of | ||
dialysate to patients made pursuant to this paragraph (h) must | ||
be retained in accordance with Section 18 of this Act. | ||
(Source: P.A. 98-214, eff. 8-9-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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