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Public Act 102-1040


 

Public Act 1040 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1040
 
SB2535 EnrolledLRB102 17336 RLC 22826 b

    AN ACT concerning criminal law.
 
    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 19.1 as follows:
 
    (225 ILCS 85/19.1)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 19.1. Dispensing opioid antagonists.
    (a) Due to the recent rise in opioid-related deaths in
Illinois and the existence of an opioid antagonist that can
reverse the deadly effects of overdose, the General Assembly
finds that in order to avoid further loss where possible, it is
responsible to allow greater access of such an antagonist to
those populations at risk of overdose.
    (b) Notwithstanding any general or special law to the
contrary, a licensed pharmacist shall may dispense an opioid
antagonist in accordance with written, standardized procedures
or protocols developed by the Department with the Department
of Public Health and the Department of Human Services and if
the procedures or protocols are filed at the pharmacy before
implementation and are available to the Department upon
request.
    (c) Before dispensing an opioid a pharmacist shall inform
patients that opioids are addictive and offer to dispense an
opioid antagonist pursuant to this Section, a pharmacist shall
complete a training program approved by the Department of
Human Services pursuant to Section 5-23 of the Substance Use
Disorder Act. The training program shall include, but not be
limited to, proper documentation and quality assurance.
    (d) For the purpose of this Section, "opioid antagonist"
means a drug that binds to opioid receptors and blocks or
inhibits the effect of opioids acting on those receptors,
including, but not limited to, naloxone hydrochloride or any
other similarly acting and equally safe drug approved by the
U.S. Food and Drug Administration for the treatment of drug
overdose.
(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16;
100-759, eff. 1-1-193.)
 
    Section 10. The Illinois Controlled Substances Act is
amended by changing Section 312 as follows:
 
    (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)
    Sec. 312. Requirements for dispensing controlled
substances.
    (a) A practitioner, in good faith, may dispense a Schedule
II controlled substance, which is a narcotic drug listed in
Section 206 of this Act; or which contains any quantity of
amphetamine or methamphetamine, their salts, optical isomers
or salts of optical isomers; phenmetrazine and its salts; or
pentazocine; and Schedule III, IV, or V controlled substances
to any person upon a written or electronic prescription of any
prescriber, dated and signed by the person prescribing (or
electronically validated in compliance with Section 311.5) on
the day when issued and bearing the name and address of the
patient for whom, or the owner of the animal for which the
controlled substance is dispensed, and the full name, address
and registry number under the laws of the United States
relating to controlled substances of the prescriber, if he or
she is required by those laws to be registered. If the
prescription is for an animal it shall state the species of
animal for which it is ordered. The practitioner filling the
prescription shall, unless otherwise permitted, write the date
of filling and his or her own signature on the face of the
written prescription or, alternatively, shall indicate such
filling using a unique identifier as defined in paragraph (v)
of Section 3 of the Pharmacy Practice Act. The written
prescription shall be retained on file by the practitioner who
filled it or pharmacy in which the prescription was filled for
a period of 2 years, so as to be readily accessible for
inspection or removal by any officer or employee engaged in
the enforcement of this Act. Whenever the practitioner's or
pharmacy's copy of any prescription is removed by an officer
or employee engaged in the enforcement of this Act, for the
purpose of investigation or as evidence, such officer or
employee shall give to the practitioner or pharmacy a receipt
in lieu thereof. If the specific prescription is machine or
computer generated and printed at the prescriber's office, the
date does not need to be handwritten. A prescription for a
Schedule II controlled substance shall not be issued for more
than a 30 day supply, except as provided in subsection (a-5),
and shall be valid for up to 90 days after the date of
issuance. A written prescription for Schedule III, IV or V
controlled substances shall not be filled or refilled more
than 6 months after the date thereof or refilled more than 5
times unless renewed, in writing, by the prescriber. A
pharmacy shall maintain a policy regarding the type of
identification necessary, if any, to receive a prescription in
accordance with State and federal law. The pharmacy must post
such information where prescriptions are filled.
    (a-5) Physicians may issue multiple prescriptions (3
sequential 30-day supplies) for the same Schedule II
controlled substance, authorizing up to a 90-day supply.
Before authorizing a 90-day supply of a Schedule II controlled
substance, the physician must meet the following conditions:
        (1) Each separate prescription must be issued for a
    legitimate medical purpose by an individual physician
    acting in the usual course of professional practice.
        (2) The individual physician must provide written
    instructions on each prescription (other than the first
    prescription, if the prescribing physician intends for the
    prescription to be filled immediately) indicating the
    earliest date on which a pharmacy may fill that
    prescription.
        (3) The physician shall document in the medical record
    of a patient the medical necessity for the amount and
    duration of the 3 sequential 30-day prescriptions for
    Schedule II narcotics.
    (a-10) Prescribers who issue a prescription for an opioid
shall inform the patient that opioids are addictive and that
opioid antagonists are available by prescription or from a
pharmacy.
    (b) In lieu of a written prescription required by this
Section, a pharmacist, in good faith, may dispense Schedule
III, IV, or V substances to any person either upon receiving a
facsimile of a written, signed prescription transmitted by the
prescriber or the prescriber's agent or upon a lawful oral
prescription of a prescriber which oral prescription shall be
reduced promptly to writing by the pharmacist and such written
memorandum thereof shall be dated on the day when such oral
prescription is received by the pharmacist and shall bear the
full name and address of the ultimate user for whom, or of the
owner of the animal for which the controlled substance is
dispensed, and the full name, address, and registry number
under the law of the United States relating to controlled
substances of the prescriber prescribing if he or she is
required by those laws to be so registered, and the pharmacist
filling such oral prescription shall write the date of filling
and his or her own signature on the face of such written
memorandum thereof. The facsimile copy of the prescription or
written memorandum of the oral prescription shall be retained
on file by the proprietor of the pharmacy in which it is filled
for a period of not less than two years, so as to be readily
accessible for inspection by any officer or employee engaged
in the enforcement of this Act in the same manner as a written
prescription. The facsimile copy of the prescription or oral
prescription and the written memorandum thereof shall not be
filled or refilled more than 6 months after the date thereof or
be refilled more than 5 times, unless renewed, in writing, by
the prescriber.
    (c) Except for any non-prescription targeted
methamphetamine precursor regulated by the Methamphetamine
Precursor Control Act, a controlled substance included in
Schedule V shall not be distributed or dispensed other than
for a medical purpose and not for the purpose of evading this
Act, and then:
        (1) only personally by a person registered to dispense
    a Schedule V controlled substance and then only to his or
    her patients, or
        (2) only personally by a pharmacist, and then only to
    a person over 21 years of age who has identified himself or
    herself to the pharmacist by means of 2 positive documents
    of identification.
        (3) the dispenser shall record the name and address of
    the purchaser, the name and quantity of the product, the
    date and time of the sale, and the dispenser's signature.
        (4) no person shall purchase or be dispensed more than
    120 milliliters or more than 120 grams of any Schedule V
    substance which contains codeine, dihydrocodeine, or any
    salts thereof, or ethylmorphine, or any salts thereof, in
    any 96 hour period. The purchaser shall sign a form,
    approved by the Department of Financial and Professional
    Regulation, attesting that he or she has not purchased any
    Schedule V controlled substances within the immediately
    preceding 96 hours.
        (5) (Blank).
        (6) all records of purchases and sales shall be
    maintained for not less than 2 years.
        (7) no person shall obtain or attempt to obtain within
    any consecutive 96 hour period any Schedule V substances
    of more than 120 milliliters or more than 120 grams
    containing codeine, dihydrocodeine or any of its salts, or
    ethylmorphine or any of its salts. Any person obtaining
    any such preparations or combination of preparations in
    excess of this limitation shall be in unlawful possession
    of such controlled substance.
        (8) a person qualified to dispense controlled
    substances under this Act and registered thereunder shall
    at no time maintain or keep in stock a quantity of Schedule
    V controlled substances in excess of 4.5 liters for each
    substance; a pharmacy shall at no time maintain or keep in
    stock a quantity of Schedule V controlled substances as
    defined in excess of 4.5 liters for each substance, plus
    the additional quantity of controlled substances necessary
    to fill the largest number of prescription orders filled
    by that pharmacy for such controlled substances in any one
    week in the previous year. These limitations shall not
    apply to Schedule V controlled substances which Federal
    law prohibits from being dispensed without a prescription.
        (9) no person shall distribute or dispense butyl
    nitrite for inhalation or other introduction into the
    human body for euphoric or physical effect.
    (d) Every practitioner shall keep a record or log of
controlled substances received by him or her and a record of
all such controlled substances administered, dispensed or
professionally used by him or her otherwise than by
prescription. It shall, however, be sufficient compliance with
this paragraph if any practitioner utilizing controlled
substances listed in Schedules III, IV and V shall keep a
record of all those substances dispensed and distributed by
him or her other than those controlled substances which are
administered by the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any
other means to the body of a patient or research subject. A
practitioner who dispenses, other than by administering, a
controlled substance in Schedule II, which is a narcotic drug
listed in Section 206 of this Act, or which contains any
quantity of amphetamine or methamphetamine, their salts,
optical isomers or salts of optical isomers, pentazocine, or
methaqualone shall do so only upon the issuance of a written
prescription blank or electronic prescription issued by a
prescriber.
    (e) Whenever a manufacturer distributes a controlled
substance in a package prepared by him or her, and whenever a
wholesale distributor distributes a controlled substance in a
package prepared by him or her or the manufacturer, he or she
shall securely affix to each package in which that substance
is contained a label showing in legible English the name and
address of the manufacturer, the distributor and the quantity,
kind and form of controlled substance contained therein. No
person except a pharmacist and only for the purposes of
filling a prescription under this Act, shall alter, deface or
remove any label so affixed.
    (f) Whenever a practitioner dispenses any controlled
substance except a non-prescription Schedule V product or a
non-prescription targeted methamphetamine precursor regulated
by the Methamphetamine Precursor Control Act, he or she shall
affix to the container in which such substance is sold or
dispensed, a label indicating the date of initial filling, the
practitioner's name and address, the name of the patient, the
name of the prescriber, the directions for use and cautionary
statements, if any, contained in any prescription or required
by law, the proprietary name or names or the established name
of the controlled substance, and the dosage and quantity,
except as otherwise authorized by regulation by the Department
of Financial and Professional Regulation. No person shall
alter, deface or remove any label so affixed as long as the
specific medication remains in the container.
    (g) A person to whom or for whose use any controlled
substance has been prescribed or dispensed by a practitioner,
or other persons authorized under this Act, and the owner of
any animal for which such substance has been prescribed or
dispensed by a veterinarian, may lawfully possess such
substance only in the container in which it was delivered to
him or her by the person dispensing such substance.
    (h) The responsibility for the proper prescribing or
dispensing of controlled substances that are under the
prescriber's direct control is upon the prescriber. The
responsibility for the proper filling of a prescription for
controlled substance drugs rests with the pharmacist. An order
purporting to be a prescription issued to any individual,
which is not in the regular course of professional treatment
nor part of an authorized methadone maintenance program, nor
in legitimate and authorized research instituted by any
accredited hospital, educational institution, charitable
foundation, or federal, state or local governmental agency,
and which is intended to provide that individual with
controlled substances sufficient to maintain that individual's
or any other individual's physical or psychological addiction,
habitual or customary use, dependence, or diversion of that
controlled substance is not a prescription within the meaning
and intent of this Act; and the person issuing it, shall be
subject to the penalties provided for violations of the law
relating to controlled substances.
    (i) A prescriber shall not pre-print or cause to be
pre-printed a prescription for any controlled substance; nor
shall any practitioner issue, fill or cause to be issued or
filled, a pre-printed prescription for any controlled
substance.
    (i-5) A prescriber may use a machine or electronic device
to individually generate a printed prescription, but the
prescriber is still required to affix his or her manual
signature.
    (j) No person shall manufacture, dispense, deliver,
possess with intent to deliver, prescribe, or administer or
cause to be administered under his or her direction any
anabolic steroid, for any use in humans other than the
treatment of disease in accordance with the order of a
physician licensed to practice medicine in all its branches
for a valid medical purpose in the course of professional
practice. The use of anabolic steroids for the purpose of
hormonal manipulation that is intended to increase muscle
mass, strength or weight without a medical necessity to do so,
or for the intended purpose of improving physical appearance
or performance in any form of exercise, sport, or game, is not
a valid medical purpose or in the course of professional
practice.
    (k) Controlled substances may be mailed if all of the
following conditions are met:
        (1) The controlled substances are not outwardly
    dangerous and are not likely, of their own force, to cause
    injury to a person's life or health.
        (2) The inner container of a parcel containing
    controlled substances must be marked and sealed as
    required under this Act and its rules, and be placed in a
    plain outer container or securely wrapped in plain paper.
        (3) If the controlled substances consist of
    prescription medicines, the inner container must be
    labeled to show the name and address of the pharmacy or
    practitioner dispensing the prescription.
        (4) The outside wrapper or container must be free of
    markings that would indicate the nature of the contents.
    (l) Notwithstanding any other provision of this Act to the
contrary, emergency medical services personnel may administer
Schedule II, III, IV, or V controlled substances to a person in
the scope of their employment without a written, electronic,
or oral prescription of a prescriber.
(Source: P.A. 99-78, eff. 7-20-15; 99-480, eff. 9-9-15;
100-280, eff. 1-1-18.)
 
    Section 99. Effective date. This Act takes effect January
1, 2023.

Effective Date: 1/1/2023