Public Act 90-0253 of the 90th General Assembly
Public Act 90-0253
SB603 Enrolled LRB9003061DPmg
AN ACT concerning prescription drugs, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Pharmacy Practice Act of 1987 is amended
by changing Sections 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15,
17, 18, and 22 and adding Sections 22a and 40 as follows:
(225 ILCS 85/3) (from Ch. 111, par. 4123)
(Text of Section before amendment by P.A. 89-507)
Sec. 3. For the purpose of this Act, except where
otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, or shop, pharmacy department, or other place where:
(l) pharmaceutical care is provided by a pharmacist (1)
where; or (2) drugs, medicines, or poisons are dispensed, or
sold or offered for sale at retail,; or displayed for sale at
retail; or (2) (3) where prescriptions of physicians,
dentists, veterinarians, podiatrists, or therapeutically
certified optometrists, or other persons authorized to
prescribe drugs within the limits of their licenses, are
compounded, filled, or dispensed; or (3) (4) which has upon
it or displayed within it, or affixed to or used in
connection with it, a sign bearing the word or words
"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
"Drugs", "Medicines", or any word or words of similar or like
import, either in the English language or any other language;
or (4) (5) where the characteristic prescription sign (Rx) or
similar design is exhibited; or (5) (6) any store, or shop,
or other place with respect to which any of the above words,
objects, signs or designs are used in any advertisement.
(b) "Drugs" means and includes (l) articles recognized
in the official United States Pharmacopoeia/National
Formulary (USP/NF), or any supplement thereto and being
intended for and having for their main use the diagnosis,
cure, mitigation, treatment or prevention of disease in man
or other animals, as approved by the United States Food and
Drug Administration, but does not include devices or their
components, parts, or accessories; and (2) all other articles
intended for and having for their main use the diagnosis,
cure, mitigation, treatment or prevention of disease in man
or other animals, as approved by the United States Food and
Drug Administration, but does not include devices or their
components, parts, or accessories; and (3) articles (other
than food) having for their main use and intended to affect
the structure or any function of the body of man or other
animals; and (4) articles having for their main use and
intended for use as a component or any articles specified in
clause (l), (2) or (3); but does not include devices or their
components, parts or accessories.
(c) "Medicines" means and includes all drugs intended
for human or veterinary use approved by the United States
Food and Drug Administration.
(d) "Practice of pharmacy" means the provision of
pharmaceutical care to patients as determined by the
pharmacist's professional judgement in the following areas,
which may include, but are is not limited to, (1) patient
counseling, (2) interpretation and assisting in the
monitoring of appropriate drug use and prospective drug
utilization review, (3) providing information on the
therapeutic values, reactions, drug interactions, side
effects, uses, selection of medications and medical devices,
and outcome of drug therapy, (4) participation in drug
selection, drug monitoring, drug utilization review,
evaluation, administration, interpretation, application of
and applying pharmacokinetic and laboratory data to design
safe and effective drug regimens, (5) and drug research
(clinical and scientific) when applicable in the pharmacist's
professional judgment, and (6) compounding and dispensing of
drugs and medical devices.
(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, or
podiatrist, or therapeutically certified optometrist, within
the limits of their licenses, containing the following: (l)
name of the patient; (2) date when prescription was issued
given; (3) name and strength of drug or description of the
medical device prescribed; and (4) quantity, (5) directions
for use, (6) prescriber's name, address and signature, and
(7) DEA number where required, for controlled substances. DEA
numbers shall not be required on inpatient drug orders.
(f) "Person" means and includes a natural person,
copartnership, association, or corporation, government
entity, or any other legal entity.
(g) "Department" means the Department of Professional
Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board
of Pharmacy of the Department of Professional Regulation.
(i) "Director" means the Director of Professional
Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug
and Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act or the Hospital
Licensing Act, or "An Act in relation to the founding and
operation of the University of Illinois Hospital and the
conduct of University of Illinois health care programs",
approved July 3, 1931, as amended, or a facility which is
operated by the Department of Mental Health and Developmental
Disabilities or the Department of Corrections.
(k-5) "Pharmacist" means an individual currently
licensed by this State to engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license who is responsible
for all aspects of the operation related to the practice of
pharmacy.
(m) "Dispense" means the delivery of drugs and medical
devices, in accordance with applicable State and federal laws
and regulations, to the patient or the patient's
representative authorized to receive these products,
including the compounding, packaging, and labeling necessary
for delivery, and any recommending or advising concerning the
contents and therapeutic values and uses thereof. "Dispense"
does not mean the physical delivery to a patient or a
patient's representative in a home or institution by a
designee of a pharmacist or by common carrier. "Dispense"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while
the pharmacist is on duty and the pharmacy is open.
(n) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois,
that delivers, dispenses or distributes, through the United
States Postal Service or other common carrier, to Illinois
residents, any substance which requires a prescription.
(o) "Compounding" means the preparation, mixing,
assembling, packaging, or labeling of a drug or medical
device: (1) as the result of a practitioner's prescription
drug order or initiative that is dispensed pursuant to a
prescription in the course of professional practice; or (2)
for the purpose of, or incident to, research, teaching, or
chemical analysis and not for sale or dispensing a
prescriber's order; or (3) the preparation of drugs or
medical devices in anticipation of prescription drug orders
based on routine, regularly observed prescribing patterns.
(p) "Confidential information" means information,
maintained by the pharmacist in the patient's records,
released only (i) to the patient or, as the patient directs,
to other practitioners and other pharmacists or (ii) to any
other person or governmental agency authorized by law to
receive the information.
(q) "Prospective drug review" or "drug utilization
evaluation" means a review of the screening for potential
drug therapy problems due to therapeutic duplication,
drug-disease contraindications, drug-drug interactions
(including serious interactions with nonprescription or
over-the-counter drugs), drug-food interactions, incorrect
drug dosage or duration of drug treatment, drug-allergy
interactions, and clinical abuse or misuse.
(r) "Patient counseling" means the communication between
a pharmacist or a student pharmacist under the direct
supervision of a pharmacist and a patient or the patient's
representative about the patient's medication or device for
the purpose of optimizing proper use of prescription
medications or devices. The offer to counsel by the
pharmacist or the pharmacist's designee, and subsequent
patient counseling by the pharmacist or student pharmacist,
shall be made in a face-to-face communication with the
patient or patient's representative unless, in the
professional judgment of the pharmacist, a face-to-face
communication is deemed inappropriate or unnecessary. In
that instance, the offer to counsel or patient counseling may
be made in a written communication, by telephone, or in a
manner determined by the pharmacist to be appropriate. offer
to counsel shall be made by the pharmacist or the
pharmacist's designee in a face-to-face communication with
the patient, unless, in the professional judgment of the
pharmacists it is deemed inappropriate or unnecessary. In
such instances, it would be permissible for the offer to
counsel to be made in a written communication, by telephone
or in a manner determined by the pharmacist to be
appropriate.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription and personal information.
(t) "Pharmaceutical care" includes, but is not limited
to, the act of monitoring drug use and other patient care
services intended to achieve outcomes that improve the
patient's quality of life but shall not include the sale of
over-the-counter drugs by a seller of goods and services who
does not dispense prescription drugs.
(u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent,
or other similar or related article, including any component
part or accessory, required under federal law to bear the
label "Caution: Federal law requires dispensing by or on the
order of a physician". A seller of goods and services who,
only for the purpose of retail sales, compounds, sells,
rents, or leases medical devices shall not, by reasons
thereof, be required to be a licensed pharmacy.
(Source: P.A. 89-202, eff. 7-21-95.)
(Text of Section after amendment by P.A. 89-507)
Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, or shop, pharmacy department, or other place where:
(l) pharmaceutical care is provided by a pharmacist (1)
where; or (2) drugs, medicines, or poisons are dispensed, or
sold or offered for sale at retail,; or displayed for sale at
retail; or (2) (3) where prescriptions of physicians,
dentists, veterinarians, podiatrists, or therapeutically
certified optometrists, or other persons authorized to
prescribe drugs within the limits of their licenses, are
compounded, filled, or dispensed; or (3) (4) which has upon
it or displayed within it, or affixed to or used in
connection with it, a sign bearing the word or words
"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
"Drugs", "Medicines", or any word or words of similar or like
import, either in the English language or any other language;
or (4) (5) where the characteristic prescription sign (Rx) or
similar design is exhibited; or (5) (6) any store, or shop,
or other place with respect to which any of the above words,
objects, signs or designs are used in any advertisement.
(b) "Drugs" means and includes (l) articles recognized
in the official United States Pharmacopoeia/National
Formulary (USP/NF), or any supplement thereto and being
intended for and having for their main use the diagnosis,
cure, mitigation, treatment or prevention of disease in man
or other animals, as approved by the United States Food and
Drug Administration, but does not include devices or their
components, parts, or accessories; and (2) all other articles
intended for and having for their main use the diagnosis,
cure, mitigation, treatment or prevention of disease in man
or other animals, as approved by the United States Food and
Drug Administration, but does not include devices or their
components, parts, or accessories; and (3) articles (other
than food) having for their main use and intended to affect
the structure or any function of the body of man or other
animals; and (4) articles having for their main use and
intended for use as a component or any articles specified in
clause (l), (2) or (3); but does not include devices or their
components, parts or accessories.
(c) "Medicines" means and includes all drugs intended
for human or veterinary use approved by the United States
Food and Drug Administration.
(d) "Practice of pharmacy" means the provision of
pharmaceutical care to patients as determined by the
pharmacist's professional judgment in the following areas,
which may include, but are is not limited to, (1) patient
counseling, (2) interpretation and assisting in the
monitoring of appropriate drug use and prospective drug
utilization review, (3) providing information on the
therapeutic values, reactions, drug interactions, side
effects, uses, selection of medications and medical devices,
and outcome of drug therapy, (4) participation in drug
selection, drug monitoring, drug utilization review,
evaluation, administration, interpretation, application of
and applying pharmacokinetic and laboratory data to design
safe and effective drug regimens, (5) and drug research
(clinical and scientific) when applicable in the pharmacist's
professional judgment, and (6) compounding and dispensing of
drugs and medical devices.
(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, or
podiatrist, or therapeutically certified optometrist, within
the limits of their licenses, containing the following: (l)
name of the patient; (2) date when prescription was issued
given; (3) name and strength of drug or description of the
medical device prescribed; and (4) quantity, (5) directions
for use, (6) prescriber's name, address and signature, and
(7) DEA number where required, for controlled substances. DEA
numbers shall not be required on inpatient drug orders.
(f) "Person" means and includes a natural person,
copartnership, association, or corporation, government
entity, or any other legal entity.
(g) "Department" means the Department of Professional
Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board
of Pharmacy of the Department of Professional Regulation.
(i) "Director" means the Director of Professional
Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug
and Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act or the Hospital
Licensing Act, or "An Act in relation to the founding and
operation of the University of Illinois Hospital and the
conduct of University of Illinois health care programs",
approved July 3, 1931, as amended, or a facility which is
operated by the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual currently
licensed by this State to engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license who is responsible
for all aspects of the operation related to the practice of
pharmacy.
(m) "Dispense" means the delivery of drugs and medical
devices, in accordance with applicable State and federal laws
and regulations, to the patient or the patient's
representative authorized to receive these products,
including the compounding, packaging, and labeling necessary
for delivery, and any recommending or advising concerning the
contents and therapeutic values and uses thereof. "Dispense"
does not mean the physical delivery to a patient or a
patient's representative in a home or institution by a
designee of a pharmacist or by common carrier. "Dispense"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while
the pharmacist is on duty and the pharmacy is open.
(n) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois,
that delivers, dispenses or distributes, through the United
States Postal Service or other common carrier, to Illinois
residents, any substance which requires a prescription.
(o) "Compounding" means the preparation, mixing,
assembling, packaging, or labeling of a drug or medical
device: (1) as the result of a practitioner's prescription
drug order or initiative that is dispensed pursuant to a
prescription in the course of professional practice; or (2)
for the purpose of, or incident to, research, teaching, or
chemical analysis and not for sale or dispensing a
prescriber's order; or (3) the preparation of drugs or
medical devices in anticipation of prescription drug orders
based on routine, regularly observed prescribing patterns.
(p) "Confidential information" means information,
maintained by the pharmacist in the patient's records,
released only (i) to the patient or, as the patient directs,
to other practitioners and other pharmacists or (ii) to any
other person or governmental agency authorized by law to
receive the information.
(q) "Prospective drug review" or "drug utilization
evaluation" means a review of the screening for potential
drug therapy problems due to therapeutic duplication,
drug-disease contraindications, drug-drug interactions
(including serious interactions with nonprescription or
over-the-counter drugs), drug-food interactions, incorrect
drug dosage or duration of drug treatment, drug-allergy
interactions, and clinical abuse or misuse.
(r) "Patient counseling" means the communication between
a pharmacist or a student pharmacist under the direct
supervision of a pharmacist and a patient or the patient's
representative about the patient's medication or device for
the purpose of optimizing proper use of prescription
medications or devices. The offer to counsel by the
pharmacist or the pharmacist's designee, and subsequent
patient counseling by the pharmacist or student pharmacist,
shall be made in a face-to-face communication with the
patient or patient's representative unless, in the
professional judgment of the pharmacist, a face-to-face
communication is deemed inappropriate or unnecessary. In
that instance, the offer to counsel or patient counseling may
be made in a written communication, by telephone, or in a
manner determined by the pharmacist to be appropriate. offer
to counsel shall be made by the pharmacist or the
pharmacist's designee in a face-to-face communication with
the patient, unless, in the professional judgment of the
pharmacists it is deemed inappropriate or unnecessary. In
such instances, it would be permissible for the offer to
counsel to be made in a written communication, by telephone
or in a manner determined by the pharmacist to be
appropriate.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription and personal information.
(t) "Pharmaceutical care" includes, but is not limited
to, the act of monitoring drug use and other patient care
services intended to achieve outcomes that improve the
patient's quality of life but shall not include the sale of
over-the-counter drugs by a seller of goods and services who
does not dispense prescription drugs.
(u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent,
or other similar or related article, including any component
part or accessory, required under federal law to bear the
label "Caution: Federal law requires dispensing by or on the
order of a physician". A seller of goods and services who,
only for the purpose of retail sales, compounds, sells,
rents, or leases medical devices shall not, by reasons
thereof, be required to be a licensed pharmacy.
(Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97.)
(225 ILCS 85/4) (from Ch. 111, par. 4124)
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,
podiatrist, veterinarian, or therapeutically or
diagnostically certified optometrist or other persons
authorized to prescribe drugs within the limits of his or her
license their licenses, 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 proper;
(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; and
(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.
(Source: P.A. 85-796.)
(225 ILCS 85/5) (from Ch. 111, par. 4125)
Sec. 5. Application of Act.
(a) It shall be unlawful for any person to engage in the
practice of pharmacy in this State and it shall be unlawful
for any employer to allow any person in his or her employ to
engage in the practice of pharmacy in this State, unless such
person who shall engage in the practice of pharmacy in this
State shall be first authorized to do so under the provisions
of this Act except that it shall be lawful for any person to
engage in and any person shall have the authority to engage
in the practice of pharmacy in this State through an agent or
employee who shall then be the holder of a valid and
unexpired license under the provisions of this Act and who
shall then carry on such practice of pharmacy on behalf of
his principal or employer to the extent and within the limits
of the authority applicable to his license.
(b) Nothing contained in this Act shall be construed to
invalidate any existing valid and unexpired certificate of
registration, nor any existing rights or privileges
thereunder, of any registered pharmacist, registered
assistant pharmacist, local registered pharmacist, or
registered pharmacy apprentice, in force on January 1, 1956
and issued under any prior Act of this State also in force on
January 1, 1956. Every person holding such a certificate of
registration shall have the authority to practice under this
Act, but shall be subject to the same limitations and
restrictions as were applicable to him or her in the Act
under which his or her certificate of registration was
issued. Each such certificate may be renewed as provided in
Section 12.
(c) It shall be unlawful for any person to take, use or
exhibit any word, object, sign or design described in
subsection (a) of Section 3 in connection with any drug
store, shop or other place or in any other manner to
advertise or hold himself out as operating or conducting a
drug store unless such drug store, shop, pharmacy department
or other place shall be operated and conducted in compliance
with the provisions of this Act.
(Source: P.A. 85-796.)
(225 ILCS 85/7) (from Ch. 111, par. 4127)
Sec. 7. Application; examination. Applications for
original licenses shall be made to the Department in writing
on forms prescribed by the Department and shall be
accompanied by the required fee, which shall not be
refundable. Any such application shall require such
information as in the judgment of the Department will enable
the Board and Department to pass on the qualifications of the
applicant for a license.
The Department shall authorize examinations of applicants
as pharmacists not less than 3 times per twice a year at such
times and places as it may determine. The examination of
applicants shall be of a character to give a fair test of the
qualifications of the applicant to practice pharmacy.
Applicants for examination as pharmacists shall be
required to pay, either to the Department or the designated
testing service, a fee covering the cost of providing the
examination. Failure to appear for the examination on the
scheduled date, at the time and place specified, after the
applicant's application for examination has been received and
acknowledged by the Department or the designated testing
service, shall result in the forfeiture of the examination
fee. The examination shall be developed and provided by the
National Association of Boards of Pharmacy.
If an applicant neglects, fails or refuses to take an
examination or fails to pass an examination for a license
under this Act within 3 years after filing his application,
the application is denied. However, such applicant may
thereafter make a new application accompanied by the required
fee and show evidence of meeting the requirements in force at
the time of the new application.
The Department shall notify applicants taking the
examination of their results within 7 weeks of the
examination date. Further, the Department shall have the
authority to immediately authorize such applicants who
successfully pass the examination to engage in the practice
of pharmacy.
An applicant shall have one year from the date of
notification of successful completion of the examination to
apply to the Department for a license. If an applicant fails
to make such application within one year the applicant shall
be required to again take and pass the examination.
The Department may employ consultants for the purpose of
preparing and conducting examinations.
(Source: P.A. 88-428.)
(225 ILCS 85/9) (from Ch. 111, par. 4129)
Sec. 9. Registration as pharmacy technician. Any person
shall be entitled to registration as a registered pharmacy
technician who is of the age of 16 or over, who has not
engaged in conduct or behavior determined to be grounds for
discipline under this Act, is of and temperate habits, is
attending or has graduated a graduate from an accredited high
school or comparable school or educational institution, and
who has filed a written application for registration
therefor, on a form to be prescribed and furnished by the
Department for that purpose. The Department shall issue a
certificate of registration as a registered pharmacy
technician to any applicant who has qualified as aforesaid,
and such registration shall be the sole authority required to
assist licensed pharmacists in the practice of pharmacy,
under the personal supervision of a licensed pharmacist. Any
person registered as a pharmacy technician who is also
enrolled in a first professional degree program in pharmacy
in a school or college of pharmacy or a department of
pharmacy of a university approved by the Department shall be
considered a "student pharmacist" and entitled to use the
title "student pharmacist". The Department, upon the
recommendation of the Board, may take any action set forth in
Section 30 of this Act with regard to certificates pursuant
to this Section.
Any person who is enrolled in a non-traditional PharmD
program at an ACPE accredited college of pharmacy the
University of Illinois at Chicago College of Pharmacy
Continuation Curriculum Option leading to the Doctor of
Pharmacy degree and is a licensed pharmacist under the laws
of another United States jurisdiction shall be permitted to
engage in the program of practice experience required in the
academic program Continuation Curriculum Option by virtue of
such license. Such person shall be exempt from the
requirement of registration as a registered pharmacy
technician while engaged in the program of practice
experience required in the academic program Continuation
Curriculum Option.
An applicant for registration as a pharmacy technician
may assist a registered pharmacist in the practice of
pharmacy for a period of up to 60 days prior to the issuance
of a certificate of registration if the applicant has
submitted the required fee and an application for
registration to the Department. The applicant shall keep a
copy of the submitted application on the premises where the
applicant is assisting in the practice of pharmacy.
(Source: P.A. 86-596; 87-1237.)
(225 ILCS 85/10) (from Ch. 111, par. 4130)
Sec. 10. State Board of Pharmacy. There is created in the
Department the State Board of Pharmacy. It shall consist of 9
members, 7 of whom shall be licensed pharmacists. Each of
those 7 members must be a licensed pharmacist in good
standing in this State, a graduate of an accredited college
of pharmacy or hold a Bachelor of Science degree in Pharmacy
and have at least 5 years' practical experience in the
practice of pharmacy subsequent to the date of his licensure
as a licensed pharmacist in the State of Illinois. There
shall be 2 public members, who shall be voting members, who
shall not be licensed pharmacists in this State or any other
state.
Each member shall be appointed by the Governor.
The terms of all members serving as of March 31, 1999
shall expire on that date. The Governor shall appoint 3
persons to serve one-year terms, 3 persons to serve 3-year
terms, and 3 persons to serve 5-year terms to begin April 1,
1999. Otherwise, members shall be appointed to 5 year terms.
No member shall be eligible to serve more than 12 consecutive
years. No member shall be eligible to serve for or during
more than 2 successive terms. Members serving on the
effective date of this Act shall complete their current term
and be eligible to serve one additional term.
In making the appointment of members on the Board, the
Governor shall give due consideration to recommendations by
the members of the profession of pharmacy and by
pharmaceutical organizations therein. The Governor shall
notify the pharmaceutical organizations promptly of any
vacancy of members on the Board and in appointing members
shall give consideration to individuals engaged in all types
and settings of pharmacy practice.
The Governor may remove any member of the Board for
misconduct, incapacity or neglect of duty and he shall be the
sole judge of the sufficiency of the cause for removal.
Every person appointed a member of the Board shall take
and subscribe the constitutional oath of office and file it
with the Secretary of State. Each member of the Board shall
be reimbursed for such actual and legitimate expenses as he
may incur in going to and from the place of meeting and
remaining thereat during sessions of the Board. In addition,
each member of the Board shall receive a per diem payment in
an amount determined from time to time by the Director for
attendance at meetings of the Board and conducting other
official business of the Board.
The Board shall hold quarterly meetings and an annual
meeting in January of each year and such other meetings at
such times and places and upon such notice as the Board may
determine and as its business may require. Five members of
the Board shall constitute a quorum for the transaction of
business. The Director shall appoint a pharmacy coordinator,
who shall be someone other than a member of the Board. The
pharmacy coordinator shall be a registered pharmacist in good
standing in this State, shall be a graduate of an accredited
college of pharmacy, or hold at a minimum a Bachelor of
Science degree in Pharmacy and shall have at least 5 years'
experience in the practice of pharmacy immediately prior to
his appointment. The pharmacy coordinator shall be the
executive administrator and the chief enforcement officer of
the "Pharmacy Practice Act".
The Board shall exercise the rights, powers and duties
which have been vested in the Board under this Act, and any
other duties conferred upon the Board by law.
The Director shall, in conformity with the Personnel
Code, employ not less than 7 pharmacy investigators and 2
pharmacy supervisors. Each pharmacy investigator and each
supervisor shall be a registered pharmacist in good standing
in this State, and shall be a graduate of an accredited
college of pharmacy and have at least 5 years of experience
in the practice of pharmacy. The Department shall also employ
at least one attorney who is a pharmacist to prosecute
violations of this Act and its rules. The Department shall
also employ one pharmacist who is an attorney. The Department
may, in conformity with the Personnel Code, employ such
clerical and other employees as are necessary to carry out
the duties of the Board.
The duly authorized pharmacy investigators of the
Department shall have the right to enter and inspect during
business hours any pharmacy or any other place in the State
of Illinois holding itself out to be a pharmacy where
medicines or drugs or drug products or proprietary medicines
are sold, offered for sale, exposed for sale, or kept for
sale. The pharmacy investigators shall be the only Department
investigators authorized to inspect, investigate, and monitor
probation compliance of pharmacists and pharmacies.
The Board shall render annually to the Director a report
of their proceedings during the preceding year, together with
such other information and recommendations as the Board deems
proper.
(Source: P.A. 87-1237; 88-428.)
(225 ILCS 85/11) (from Ch. 111, par. 4131)
Sec. 11. Duties of the Department. The Department shall
exercise the powers and duties prescribed by the Civil
Administrative Code of Illinois for the administration of
Licensing Acts and shall exercise such other powers and
duties necessary for effectuating the purpose of this Act.
However, the following powers and duties shall be exercised
only upon action and report in writing of a majority of the
Board of Pharmacy to take such action:
(a) Formulate such rules, not inconsistent with law and
subject to the Illinois Administrative Procedure Act, as may
be necessary to carry out the purposes and enforce the
provisions of this Act. The Director may grant variances
from any such rules as provided for in this Section;
(b) The suspension, revocation, censuring, placing on
probationary status, reprimand, and refusing to issue or
restore any license or certificate of registration issued
under the provisions of this Act for the reasons set forth in
Section 30 of this Act.
(c) The issuance, renewal, restoration or reissuance of
any license or certificate which has been previously refused
to be issued or renewed, or has been revoked, suspended or
placed on probationary status.
The granting of variances from rules promulgated pursuant
to this Section in individual cases where there is a finding
that:
(1) the provision from which the variance is
granted is not statutorily mandated;
(2) no party will be injured by the granting of the
variance; and
(3) the rule from which the variance is granted
would, in the particular case, be unreasonable or
unnecessarily burdensome.
The Director shall notify the State Board of Pharmacy of
the granting of such variance and the reasons therefor, at
the next meeting of the Board.
(Source: P.A. 88-428.)
(225 ILCS 85/12) (from Ch. 111, par. 4132)
Sec. 12. Expiration of license; renewal. The expiration
date and renewal period for each license and certificate of
registration issued under this Act shall be set by rule.
As a condition for the renewal of a certificate of
registration as a registered pharmacist, the registrant shall
provide evidence to the Department of completion of a total
of 30 hours of pharmacy continuing education during the 2
calendar years preceding the expiration date of the
certificate. Such continuing education shall be approved by
the American Council on Pharmaceutical Education.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be
accomplished through audits of records maintained by
registrants, by requiring the filing of continuing education
certificates with the Department or a qualified organization
selected by the Department to maintain such records or by
other means established by the Department.
Rules developed under this Section may provide for a
reasonable biennial fee, not to exceed $20, to fund the cost
of such recordkeeping. The Department shall, by rule, further
provide an orderly process for the reinstatement of licenses
which have not been renewed due to the failure to meet the
continuing education requirements of this Section. The
requirements of continuing education may be waived, in whole
or in part, in cases of extreme hardship as defined by rule
of the Department. Such waivers shall be granted for not more
than one of any 3 consecutive renewal periods.
Any pharmacist who has permitted his license to expire or
who has had his license on inactive status may have his
license restored by making application to the Department and
filing proof acceptable to the Department of his fitness to
have his license restored, and by paying the required
restoration fee. The Department shall determine, by an
evaluation program established by rule his fitness for
restoration of his license and shall establish procedures and
requirements for such restoration. However, any pharmacist
who demonstrates that he has continuously maintained active
practice in another jurisdiction pursuant to a license in
good standing, and who has substantially complied with the
continuing education requirements of this Section shall not
be subject to further evaluation for purposes of this
Section.
Any licensee who shall engage in the practice for which
his or her license was issued while the license is expired
lapsed or on inactive status shall be considered to be
practicing without a license which, shall be grounds for
discipline under Section 30 of this Act.
Any pharmacy operating on an expired a lapsed license is
engaged in the unlawful practice of pharmacy and is subject
to discipline under Section 30 of this Act. A pharmacy whose
license has been expired lapsed for one year or more may not
have its license restored but must apply for a new license
and meet all requirements for licensure. Any pharmacy whose
license has been expired lapsed for less than one year may
apply for restoration of its license and shall have its
license restored.
However, any pharmacist whose license expired while he
was (l) in Federal Service on active duty with the Armed
Forces of the United States, or the State Militia called into
service or training, or (2) in training or education under
the supervision of the United States preliminary to induction
into the military service, may have his license or
certificate restored without paying any lapsed renewal fees,
if within 2 years after honorable termination of such
service, training or education he furnishes the Department
with satisfactory evidence to the effect that he has been so
engaged and that his service, training or education has been
so terminated.
(Source: P.A. 85-796; 86-1434; 86-1472.)
(225 ILCS 85/13) (from Ch. 111, par. 4133)
Sec. 13. Inactive status. Any pharmacist who notifies
the Department, in writing on forms prescribed by the
Department, may elect to place his license on an inactive
status and shall be excused from payment of renewal fees and
completion of continuing education requirements until he
notifies the Department in writing of his intent to restore
his license.
Any pharmacist requesting restoration from inactive
status shall be required to pay the current renewal fee and
shall be required to restore his or her license or
certificate, as provided by rule of the Department.
Any pharmacist whose license is in an inactive status
shall not practice in the State of Illinois.
Neither a pharmacy license nor a pharmacy technician
license may be placed on inactive status.
Continued practice on a license which has lapsed or been
placed on inactive status shall be considered to be
practicing without a license.
(Source: P.A. 85-796.)
(225 ILCS 85/14) (from Ch. 111, par. 4134)
Sec. 14. Structural and equipment requirements. No person
shall establish or move to a new location any pharmacy unless
the pharmacy is licensed with the Department and has on file
with the Department a verified statement that:
(1) 1. such pharmacy is or will be engaged in the
practice of pharmacy; and
(2) 2. such pharmacy will have in stock and shall
maintain sufficient drugs and materials as to protect the
public within 30 days after the issuance of the
registration of the pharmacy.
Division I, II, III, IV, or V pharmacies Every pharmacy
shall be in a suitable, well-lighted and well-ventilated area
with at least 300 square feet of clean and sanitary
contiguous space and shall be suitably equipped for
compounding prescriptions, storage of drugs and sale of drugs
and to otherwise conduct the practice of pharmacy. The space
occupied shall be equipped with a sink with hot and cold
water or facilities for heating water, proper sewage outlet,
refrigeration storage equipment, and such fixtures,
facilities, drugs, equipment and material, which shall
include the current editions of the United States
Pharmacopoeia/DI, Facts and Comparisons, or any other current
compendium approved by the Department, and other such
reference works, as will enable a pharmacist to practice
pharmacy, including this Act and the rules promulgated under
this Act. Such pharmacy shall have the following items:
accurate weights of 0.5 gr. to 4 oz. and 20 mg to 100 Gm; and
a prescription balance equipped with balance indicator and
with mechanical means of arresting the oscillations of the
mechanism and which balance shall be sensitive to 0.5 grain
(32 mg) or less or an alternative weighing device as approved
by the Department, and such other measuring devices as may be
necessary for the conduct of the practice of pharmacy.
The provisions of this Section with regard to 300 square
feet of space shall apply to any pharmacy which is opened
after the effective date of this Act. Nothing shall require
a pharmacy in existence on the effective date of this Act
which is comprised of less than 300 square feet to provide
additional space to meet these requirements.
(Source: P.A. 87-1237; 88-428.)
(225 ILCS 85/15) (from Ch. 111, par. 4135)
(Text of Section before amendment by P.A. 89-507)
Sec. 15. It shall be unlawful for the owner of any
pharmacy, as drugstore, shop, pharmacy department or other
place in this State, defined in this Act as a "pharmacy" or
as a "drug store", to operate or conduct the same, or to
allow the same to be operated or conducted, unless:
(a) It has a licensed pharmacist, authorized to practice
pharmacy in this State under the provisions of this Act, on
duty whenever the practice of pharmacy is conducted pharmacy
within the establishment is open to the public;
(b) Security provisions for all drugs and devices, as
determined by rule of the Department, are provided during the
absence from the licensed pharmacy of all licensed
pharmacists. Maintenance of security provisions is the
responsibility of the licensed registered pharmacist in
charge; and
(c) The pharmacy is licensed under this Act to do
business.
The Department shall, by rule, provide requirements for
each division of pharmacy license and shall, as well provide
guidelines for the designation of a registered pharmacist in
charge for each division.
Division I. Retail Licenses for pharmacies which are
open to, or offer pharmacy services to, the general public.
Division II. Licenses for pharmacies whose primary
pharmacy service is provided to patients or residents of
facilities licensed under the Nursing Home Care Act or the
Hospital Licensing Act, or "An Act in relation to the
founding and operation of the University of Illinois Hospital
and the conduct of University of Illinois health care
programs", approved July 3, 1931, as amended, and which are
not located in the facilities they serve.
Division III. Licenses for pharmacies which are located
in a facility licensed under the Nursing Home Care Act or the
Hospital Licensing Act, or "An Act in relation to the
founding and operation of the University of Illinois Hospital
and the conduct of University of Illinois health care
programs", approved July 3, 1931, as amended, or a facility
which is operated by the Department of Mental Health and
Developmental Disabilities or the Department of Corrections,
and which provide pharmacy services to residents or patients
of the facility, as well as employees, prescribers and
students of the facility.
Division IV. Licenses for pharmacies which provide or
offer for sale radioactive materials.
Division V. Licenses for pharmacies which hold licenses
in Division II or Division III which also provide pharmacy
services to the general public, or pharmacies which are
located in or whose primary pharmacy service is to ambulatory
care facilities or schools of veterinary medicine or other
such institution or facility.
The Director may waive the requirement for a pharmacist
to be on duty at all times for State facilities not treating
human ailments.
It shall be unlawful for any person, who is not a
licensed pharmacy or health care facility, to purport to be
such or to use in name, title, or sign designating, or in
connection with that place of business, any of the words:
"pharmacy", "pharmacist", "pharmacy department",
"apothecary", "druggist", "drug", "drugs", "medicines",
"medicine store", "drug sundries", "prescriptions filled", or
any list of words indicating that drugs are compounded or
sold to the lay public, or prescriptions are dispensed
therein. Each day during which, or a part which, such
representation is made or appears or such a sign is allowed
to remain upon or in such a place of business shall
constitute a separate offense under this Act.
The holder of any license or certificate of registration
shall conspicuously display it in the pharmacy in which he is
engaged in the practice of pharmacy. The registered
pharmacist in charge shall conspicuously display his name in
such pharmacy. The pharmacy license shall also be
conspicuously displayed.
(Source: P.A. 86-820.)
(Text of Section after amendment by P.A. 89-507)
Sec. 15. Pharmacy requirements. It shall be unlawful for
the owner of any pharmacy, as drugstore, shop, pharmacy
department or other place in this State, defined in this Act
as a "pharmacy" or as a "drug store", to operate or conduct
the same, or to allow the same to be operated or conducted,
unless:
(a) It has a licensed pharmacist, authorized to practice
pharmacy in this State under the provisions of this Act, on
duty whenever the practice of pharmacy is conducted pharmacy
within the establishment is open to the public;
(b) Security provisions for all drugs and devices, as
determined by rule of the Department, are provided during the
absence from the licensed pharmacy of all licensed
pharmacists. Maintenance of security provisions is the
responsibility of the licensed registered pharmacist in
charge; and
(c) The pharmacy is licensed under this Act to do
business.
The Department shall, by rule, provide requirements for
each division of pharmacy license and shall, as well provide
guidelines for the designation of a registered pharmacist in
charge for each division.
Division I. Retail Licenses for pharmacies which are
open to, or offer pharmacy services to, the general public.
Division II. Licenses for pharmacies whose primary
pharmacy service is provided to patients or residents of
facilities licensed under the Nursing Home Care Act or the
Hospital Licensing Act, or "An Act in relation to the
founding and operation of the University of Illinois Hospital
and the conduct of University of Illinois health care
programs", approved July 3, 1931, as amended, and which are
not located in the facilities they serve.
Division III. Licenses for pharmacies which are located
in a facility licensed under the Nursing Home Care Act or the
Hospital Licensing Act, or "An Act in relation to the
founding and operation of the University of Illinois Hospital
and the conduct of University of Illinois health care
programs", approved July 3, 1931, as amended, or a facility
which is operated by the Department of Human Services (as
successor to the Department of Mental Health and
Developmental Disabilities) or the Department of Corrections,
and which provide pharmacy services to residents or patients
of the facility, as well as employees, prescribers and
students of the facility.
Division IV. Licenses for pharmacies which provide or
offer for sale radioactive materials.
Division V. Licenses for pharmacies which hold licenses
in Division II or Division III which also provide pharmacy
services to the general public, or pharmacies which are
located in or whose primary pharmacy service is to ambulatory
care facilities or schools of veterinary medicine or other
such institution or facility.
The Director may waive the requirement for a pharmacist
to be on duty at all times for State facilities not treating
human ailments.
It shall be unlawful for any person, who is not a
licensed pharmacy or health care facility, to purport to be
such or to use in name, title, or sign designating, or in
connection with that place of business, any of the words:
"pharmacy", "pharmacist", "pharmacy department",
"apothecary", "druggist", "drug", "drugs", "medicines",
"medicine store", "drug sundries", "prescriptions filled", or
any list of words indicating that drugs are compounded or
sold to the lay public, or prescriptions are dispensed
therein. Each day during which, or a part which, such
representation is made or appears or such a sign is allowed
to remain upon or in such a place of business shall
constitute a separate offense under this Act.
The holder of any license or certificate of registration
shall conspicuously display it in the pharmacy in which he is
engaged in the practice of pharmacy. The registered
pharmacist in charge shall conspicuously display his name in
such pharmacy. The pharmacy license shall also be
conspicuously displayed.
(Source: P.A. 89-507, eff. 7-1-97.)
(225 ILCS 85/17) (from Ch. 111, par. 4137)
Sec. 17. Disposition of legend drugs on cessation of
pharmacy operations.
(a) The pharmacist in charge of a pharmacy which has its
pharmacy license revoked or otherwise ceases operation shall
notify the Department and forward to the Department a copy of
the closing inventory of controlled substances and a
statement indicating the intended manner of disposition of
all legend drugs and prescription files within 10 days of
such revocation or cessation of operation.
(b) The Department shall approve the intended manner of
disposition of all legend drugs prior to disposition of such
drugs by the pharmacist in charge.
(1) The Department shall notify the pharmacist in
charge of approval of the manner of disposition of all
legend drugs, or disapproval accompanied by reasons for
such disapproval, within 10 days of receipt of the
statement from the pharmacist in charge. In the event
that the manner of disposition is not approved, the
pharmacist in charge shall notify the Department of an
alternative manner of disposition within 10 days of the
receipt of disapproval.
(2) If disposition of all legend drugs does not
occur within 10 days after approval is received from the
Department, or if no alternative method of disposition is
submitted to the Department within 10 days of the
Department's disapproval, the Director shall notify the
pharmacist in charge by mail at the address of the
closing pharmacy, of the Department's intent to
confiscate all legend drugs. The Notice of Intent to
Confiscate shall be the final administrative decision of
the Department, as that term is defined in the
Administrative Review Law, and the confiscation of all
prescription drugs shall be effected.
(b-5) In the event that the pharmacist in charge has
died or is otherwise physically incompetent to perform the
duties of this Section, the owner of a pharmacy that has its
license revoked or otherwise ceases operation shall be
required to fulfill the duties otherwise imposed upon the
pharmacist in charge.
(c) The pharmacist in charge of a pharmacy which
acquires prescription files from a pharmacy which ceases
operation shall be responsible for the preservation of such
acquired prescriptions for the remainder of the term that
such prescriptions are required to be preserved by this Act.
(d) Failure to comply with this Section shall be grounds
for denying an application or renewal application for a
pharmacy license or for disciplinary action against a
registration.
(e) Compliance with the provisions of the Illinois
Controlled Substances Act concerning the disposition of
controlled substances shall be deemed compliance with this
Section with respect to legend drugs which are controlled
substances.
(Source: P.A. 88-428.)
(225 ILCS 85/18) (from Ch. 111, par. 4138)
Sec. 18. Record retention. There shall be kept in every
drugstore or pharmacy a suitable book, file, or electronic
record keeping system in which shall be preserved for a
period of not less than 5 years the original of every written
prescription and the original transcript or copy of every
verbal prescription filled, compounded, or dispensed, in such
pharmacy; and such book or file of prescriptions shall at all
reasonable times be open to inspection to the pharmacy
coordinator and the duly authorized agents or employees of
the Department.
Records kept pursuant to this Section may be maintained
in an alternative data retention system, such as a direct
digital imaging system, provided that:
(1) the records maintained in the alternative data
retention system contain all of the information required
in a manual record;
(2) the data processing system is capable of
producing a hard copy of the electronic record on the
request of the Board, its representative, or other
authorized local, State, or federal law enforcement or
regulatory agency; and
(3) the digital images are recorded and stored only
by means of a technology that does not allow subsequent
revision or replacement of the images.
As used in this Section, "digital imaging system" means a
system, including people, machines, methods of organization,
and procedures, that provides input, storage, processing,
communications, output, and control functions for digitized
representations of original prescription records.
Inpatient drug orders may be maintained within an
institution in a manner approved by the Department.
(Source: P.A. 85-796.)
(225 ILCS 85/22) (from Ch. 111, par. 4142)
Sec. 22. Except only in the case of a drug, medicine or
poison which is lawfully sold or dispensed, at retail, in the
original and unbroken package of the manufacturer, packer, or
distributor thereof, and which package bears the original
label thereon showing the name and address of the
manufacturer, packer, or distributor thereof, and the name of
the drug, medicine, or poison therein contained, and the
directions for its use, no person shall sell or dispense, at
retail, any drug, medicine, or poison, without affixing to
the box, bottle, vessel, or package containing the same, a
label bearing the name of the article distinctly shown, and
the directions for its use, with the name and address of the
pharmacy wherein the same is sold or dispensed. However, in
the case of a drug, medicine, or poison which is sold or
dispensed pursuant to a prescription of a licensed physician
licensed to practice medicine in a11 of its branches,
licensed dentist, licensed veterinarian, licensed podiatrist,
or therapeutically or diagnostically certified optometrist
authorized by law to prescribe drugs or, medicines or
poisons, or other licensed medical practitioner the label
affixed to the box, bottle, vessel, or package containing the
same shall show: (a) The name and address of the pharmacy
wherein the same is sold or dispensed; (b) The name or
initials of the person, authorized to practice pharmacy under
the provisions of this Act, selling or dispensing the same,
(c) the date on which such prescription was filled; (d) the
name of the patient; (e) the serial number of such
prescription as filed in the prescription files; (f) the
last name of the practitioner who prescribed such
prescriptions; (g) the directions for use thereof as
contained in such prescription; and (h) the proprietary name
or names or the established name or names of the drugs, the
dosage and quantity, except as otherwise authorized by
regulation of the Department. Any person who sells or
dispenses any drug, medicine or poison shall sell or dispense
such drug, medicine or poison in good faith. "Good faith",
for purposes of this Section, has the meaning ascribed to it
in subsection (u) of Section 102 of the "Illinois Controlled
Substances Act", approved August 16, 1971, as amended. The
Department shall establish rules governing labeling in
Division II and Division III pharmacies.
(Source: P.A. 85-796.)
(225 ILCS 85/22a new)
Sec. 22a. Automated dispensing and storage systems. The
Department shall establish rules governing the use of
automated dispensing and storage systems by Division I
through V pharmacies.
(225 ILCS 85/40 new)
Sec. 40. Severability clause. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
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; pentazocine; or which is hereafter determined
to be a "designated product," as defined in Section 102 of
this Act to any person upon an official prescription form and
Schedule III, IV, or V controlled substances to any person
upon a written prescription of any prescriber, dated and
signed by the person prescribing 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 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 write the
date of filling and his own signature on the face of the
official prescription form. The official prescription form or
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
form 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. A
prescription form for a Schedule II controlled substance
shall not be filled more than 7 2 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.
(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
is required by those laws to be so registered, and the
pharmacist filling such oral prescription shall write the
date of filling and his 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) 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 patients, or
(2) only personally by a pharmacist, and then only
to a person over 21 years of age who has identified
himself 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 Professional Regulation, attesting that he has not
purchased any Schedule V controlled substances within the
immediately preceding 96 hours.
(5) a copy of the records of sale, including all
information required by paragraph (3), shall be forwarded
to the Department of Professional Regulation at its
principal office by the 15th day of the following month.
(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 defined and listed in
Section 212 (b) (1), (2) or (3) 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 of controlled
substances received by him and a record of all such
controlled substances administered, dispensed or
professionally used by him 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 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, methaqualone, or
which is hereafter determined to be a "designated product" as
defined in Section 102 of this Act, shall do so only upon the
issuance of an official prescription blank by a prescriber;
and every practitioner who so dispenses such designated
products shall comply with the provisions of Sections 310 and
311 of this Act.
(e) Whenever a manufacturer distributes a controlled
substance in a package prepared by him, and whenever a
wholesale distributor distributes a controlled substance in a
package prepared by him or the manufacturer, he 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, he 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
serial number of the prescription, 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 Professional Regulation. No person shall
alter, deface or remove any label so affixed.
(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 by the person dispensing such substance.
(h) The responsibility for the proper prescribing or
dispensing of controlled substances is upon the prescriber
and 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 preprint or cause to be
preprinted a prescription for any controlled substance; nor
shall any practitioner issue, fill or cause to be issued or
filled, a preprinted prescription for any controlled
substance.
(j) No person shall manufacture, dispense, deliver,
possess with intent to deliver, prescribe, or administer or
cause to be administered under his 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.
(Source: P.A. 89-202, eff. 10-1-95.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.