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Public Act 102-1040 | ||||
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AN ACT concerning criminal law.
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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 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(Section scheduled to be repealed on January 1, 2023) | ||||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
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Illinois and the existence of an opioid antagonist that can
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reverse the deadly effects of overdose, the General Assembly
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finds that in order to avoid further loss where possible, it is
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responsible to allow greater access of such an antagonist to
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those populations at risk of overdose. | ||||
(b) Notwithstanding any general or special law to the
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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
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implementation and are available to the Department upon
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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
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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.
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(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:
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(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
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Sec. 312. Requirements for dispensing controlled | ||
substances.
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(a) A practitioner, in good faith, may dispense a Schedule
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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
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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
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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.
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(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
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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
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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
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in the enforcement of this Act in the same manner as a written
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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
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the prescriber.
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(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:
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(1) only personally by a person registered to dispense | ||
a Schedule V
controlled substance and then only to his or | ||
her patients, or
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(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.
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(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.
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(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
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Regulation, attesting that he or she has not purchased any | ||
Schedule V
controlled substances within the immediately | ||
preceding 96 hours.
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(5) (Blank).
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(6) all records of purchases and sales shall be | ||
maintained for not
less than 2 years.
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(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.
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(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
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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.
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(9) no person shall distribute or dispense butyl | ||
nitrite for
inhalation or other introduction into the | ||
human body for euphoric or
physical effect.
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(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
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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
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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
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methaqualone shall do so only upon
the issuance of a written | ||
prescription blank or electronic prescription issued by a
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prescriber.
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(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
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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.
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(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
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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
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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.
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(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.
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(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
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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
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subject to the penalties provided for violations of the law | ||
relating to
controlled substances.
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(i) A prescriber shall not pre-print or cause to be
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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.
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(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.
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(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 .)
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Section 99. Effective date. This Act takes effect January | ||
1, 2023. |