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Public Act 102-0084


 

Public Act 0084 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0084
 
SB0194 EnrolledLRB102 04364 SPS 14382 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Pharmacy Practice Act is amended by
changing Section 4 as follows:
 
    (225 ILCS 85/4)  (from Ch. 111, par. 4124)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 4. Exemptions. Nothing contained in any Section of
this Act shall apply to, or in any manner interfere with:
        (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;
        (b) the sale of compressed gases;
        (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 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 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;
        (d) the sale of poultry and livestock remedies in
    original and unbroken packages only, labeled for poultry
    and livestock medication;
        (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;
        (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;
        (g) the delegation of prescriptive authority by a
    physician licensed to practice medicine in all its
    branches or a licensed podiatric physician to an advanced
    practice registered nurse in accordance with a written
    collaborative agreement under Sections 65-35 and 65-40 of
    the Nurse Practice Act; and
        (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,
        third-party logistics provider, 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. A student pharmacist or licensed
    pharmacy technician engaged in remote prescription
    processing under Section 25.10 of this Act at a licensed
    pharmacy described in item (4) of this paragraph (h) shall
    be permitted to access an employer pharmacy's database
    from his or her home or other remote location while under
    the supervision of a pharmacist for the purpose of
    performing certain prescription processing functions,
    provided that the pharmacy establishes controls to protect
    the privacy and security of confidential records.
(Source: P.A. 100-218, eff. 8-18-17; 100-513, eff. 1-1-18;
100-863, eff. 8-14-18; 101-420, eff. 8-16-19.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/9/2021