Bill Text: IL HB3910 | 2017-2018 | 100th General Assembly | Engrossed

Bill Title: Amends the Illinois Controlled Substances Act. Provides that 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. Defines emergency medical services personnel. Includes "emergency medical services personnel" in the definition of "practitioner" under the Act.

Spectrum: Moderate Partisan Bill (Democrat 13-4)

Status: (Engrossed) 2017-05-19 - Placed on Calendar Order of 3rd Reading May 22, 2017 [HB3910 Detail]

Download: Illinois-2017-HB3910-Engrossed.html

HB3910 EngrossedLRB100 10675 RLC 20899 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Controlled Substances Act is
5amended by changing Sections 102 and 312 as follows:
6 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
7 Sec. 102. Definitions. As used in this Act, unless the
8context otherwise requires:
9 (a) "Addict" means any person who habitually uses any drug,
10chemical, substance or dangerous drug other than alcohol so as
11to endanger the public morals, health, safety or welfare or who
12is so far addicted to the use of a dangerous drug or controlled
13substance other than alcohol as to have lost the power of self
14control with reference to his or her addiction.
15 (b) "Administer" means the direct application of a
16controlled substance, whether by injection, inhalation,
17ingestion, or any other means, to the body of a patient,
18research subject, or animal (as defined by the Humane
19Euthanasia in Animal Shelters Act) by:
20 (1) a practitioner (or, in his or her presence, by his
21 or her authorized agent),
22 (2) the patient or research subject pursuant to an
23 order, or

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1 (3) a euthanasia technician as defined by the Humane
2 Euthanasia in Animal Shelters Act.
3 (c) "Agent" means an authorized person who acts on behalf
4of or at the direction of a manufacturer, distributor,
5dispenser, prescriber, or practitioner. It does not include a
6common or contract carrier, public warehouseman or employee of
7the carrier or warehouseman.
8 (c-1) "Anabolic Steroids" means any drug or hormonal
9substance, chemically and pharmacologically related to
10testosterone (other than estrogens, progestins,
11corticosteroids, and dehydroepiandrosterone), and includes:
12 (i) 3[beta],17-dihydroxy-5a-androstane,
13 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
14 (iii) 5[alpha]-androstan-3,17-dione,
15 (iv) 1-androstenediol (3[beta],
16 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
17 (v) 1-androstenediol (3[alpha],
18 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
19 (vi) 4-androstenediol
20 (3[beta],17[beta]-dihydroxy-androst-4-ene),
21 (vii) 5-androstenediol
22 (3[beta],17[beta]-dihydroxy-androst-5-ene),
23 (viii) 1-androstenedione
24 ([5alpha]-androst-1-en-3,17-dione),
25 (ix) 4-androstenedione
26 (androst-4-en-3,17-dione),

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1 (x) 5-androstenedione
2 (androst-5-en-3,17-dione),
3 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
4 hydroxyandrost-4-en-3-one),
5 (xii) boldenone (17[beta]-hydroxyandrost-
6 1,4,-diene-3-one),
7 (xiii) boldione (androsta-1,4-
8 diene-3,17-dione),
9 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17
10 [beta]-hydroxyandrost-4-en-3-one),
11 (xv) clostebol (4-chloro-17[beta]-
12 hydroxyandrost-4-en-3-one),
13 (xvi) dehydrochloromethyltestosterone (4-chloro-
14 17[beta]-hydroxy-17[alpha]-methyl-
15 androst-1,4-dien-3-one),
16 (xvii) desoxymethyltestosterone
17 (17[alpha]-methyl-5[alpha]
18 -androst-2-en-17[beta]-ol)(a.k.a., madol),
19 (xviii) [delta]1-dihydrotestosterone (a.k.a.
20 '1-testosterone') (17[beta]-hydroxy-
21 5[alpha]-androst-1-en-3-one),
22 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-
23 androstan-3-one),
24 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
25 5[alpha]-androstan-3-one),
26 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-

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1 hydroxyestr-4-ene),
2 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
3 1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
4 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
5 17[beta]-dihydroxyandrost-1,4-dien-3-one),
6 (xxiv) furazabol (17[alpha]-methyl-17[beta]-
7 hydroxyandrostano[2,3-c]-furazan),
8 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)
9 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
10 androst-4-en-3-one),
11 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
12 dihydroxy-estr-4-en-3-one),
13 (xxviii) mestanolone (17[alpha]-methyl-17[beta]-
14 hydroxy-5-androstan-3-one),
15 (xxix) mesterolone (1amethyl-17[beta]-hydroxy-
16 [5a]-androstan-3-one),
17 (xxx) methandienone (17[alpha]-methyl-17[beta]-
18 hydroxyandrost-1,4-dien-3-one),
19 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
20 dihydroxyandrost-5-ene),
21 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-
22 5[alpha]-androst-1-en-3-one),
23 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
24 dihydroxy-5a-androstane),
25 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
26 -5a-androstane),

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1 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-
2 dihydroxyandrost-4-ene),
3 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
4 methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
5 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
6 hydroxyestra-4,9(10)-dien-3-one),
7 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
8 hydroxyestra-4,9-11-trien-3-one),
9 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
10 hydroxyandrost-4-en-3-one),
11 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
12 hydroxyestr-4-en-3-one),
13 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
14 (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
15 androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
16 1-testosterone'),
17 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
18 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
19 dihydroxyestr-4-ene),
20 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
21 dihydroxyestr-4-ene),
22 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
23 dihydroxyestr-5-ene),
24 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
25 dihydroxyestr-5-ene),
26 (xlvii) 19-nor-4,9(10)-androstadienedione

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1 (estra-4,9(10)-diene-3,17-dione),
2 (xlviii) 19-nor-4-androstenedione (estr-4-
3 en-3,17-dione),
4 (xlix) 19-nor-5-androstenedione (estr-5-
5 en-3,17-dione),
6 (l) norbolethone (13[beta], 17a-diethyl-17[beta]-
7 hydroxygon-4-en-3-one),
8 (li) norclostebol (4-chloro-17[beta]-
9 hydroxyestr-4-en-3-one),
10 (lii) norethandrolone (17[alpha]-ethyl-17[beta]-
11 hydroxyestr-4-en-3-one),
12 (liii) normethandrolone (17[alpha]-methyl-17[beta]-
13 hydroxyestr-4-en-3-one),
14 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
15 2-oxa-5[alpha]-androstan-3-one),
16 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
17 dihydroxyandrost-4-en-3-one),
18 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
19 17[beta]-hydroxy-(5[alpha]-androstan-3-one),
20 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
21 (5[alpha]-androst-2-eno[3,2-c]-pyrazole),
22 (lviii) stenbolone (17[beta]-hydroxy-2-methyl-
23 (5[alpha]-androst-1-en-3-one),
24 (lix) testolactone (13-hydroxy-3-oxo-13,17-
25 secoandrosta-1,4-dien-17-oic
26 acid lactone),

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1 (lx) testosterone (17[beta]-hydroxyandrost-
2 4-en-3-one),
3 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
4 diethyl-17[beta]-hydroxygon-
5 4,9,11-trien-3-one),
6 (lxii) trenbolone (17[beta]-hydroxyestr-4,9,
7 11-trien-3-one).
8 Any person who is otherwise lawfully in possession of an
9anabolic steroid, or who otherwise lawfully manufactures,
10distributes, dispenses, delivers, or possesses with intent to
11deliver an anabolic steroid, which anabolic steroid is
12expressly intended for and lawfully allowed to be administered
13through implants to livestock or other nonhuman species, and
14which is approved by the Secretary of Health and Human Services
15for such administration, and which the person intends to
16administer or have administered through such implants, shall
17not be considered to be in unauthorized possession or to
18unlawfully manufacture, distribute, dispense, deliver, or
19possess with intent to deliver such anabolic steroid for
20purposes of this Act.
21 (d) "Administration" means the Drug Enforcement
22Administration, United States Department of Justice, or its
23successor agency.
24 (d-5) "Clinical Director, Prescription Monitoring Program"
25means a Department of Human Services administrative employee
26licensed to either prescribe or dispense controlled substances

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1who shall run the clinical aspects of the Department of Human
2Services Prescription Monitoring Program and its Prescription
3Information Library.
4 (d-10) "Compounding" means the preparation and mixing of
5components, excluding flavorings, (1) as the result of a
6prescriber's prescription drug order or initiative based on the
7prescriber-patient-pharmacist relationship in the course of
8professional practice or (2) for the purpose of, or incident
9to, research, teaching, or chemical analysis and not for sale
10or dispensing. "Compounding" includes the preparation of drugs
11or devices in anticipation of receiving prescription drug
12orders based on routine, regularly observed dispensing
13patterns. Commercially available products may be compounded
14for dispensing to individual patients only if both of the
15following conditions are met: (i) the commercial product is not
16reasonably available from normal distribution channels in a
17timely manner to meet the patient's needs and (ii) the
18prescribing practitioner has requested that the drug be
20 (e) "Control" means to add a drug or other substance, or
21immediate precursor, to a Schedule whether by transfer from
22another Schedule or otherwise.
23 (f) "Controlled Substance" means (i) a drug, substance,
24immediate precursor, or synthetic drug in the Schedules of
25Article II of this Act or (ii) a drug or other substance, or
26immediate precursor, designated as a controlled substance by

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1the Department through administrative rule. The term does not
2include distilled spirits, wine, malt beverages, or tobacco, as
3those terms are defined or used in the Liquor Control Act of
41934 and the Tobacco Products Tax Act of 1995.
5 (f-5) "Controlled substance analog" means a substance:
6 (1) the chemical structure of which is substantially
7 similar to the chemical structure of a controlled substance
8 in Schedule I or II;
9 (2) which has a stimulant, depressant, or
10 hallucinogenic effect on the central nervous system that is
11 substantially similar to or greater than the stimulant,
12 depressant, or hallucinogenic effect on the central
13 nervous system of a controlled substance in Schedule I or
14 II; or
15 (3) with respect to a particular person, which such
16 person represents or intends to have a stimulant,
17 depressant, or hallucinogenic effect on the central
18 nervous system that is substantially similar to or greater
19 than the stimulant, depressant, or hallucinogenic effect
20 on the central nervous system of a controlled substance in
21 Schedule I or II.
22 (g) "Counterfeit substance" means a controlled substance,
23which, or the container or labeling of which, without
24authorization bears the trademark, trade name, or other
25identifying mark, imprint, number or device, or any likeness
26thereof, of a manufacturer, distributor, or dispenser other

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1than the person who in fact manufactured, distributed, or
2dispensed the substance.
3 (h) "Deliver" or "delivery" means the actual, constructive
4or attempted transfer of possession of a controlled substance,
5with or without consideration, whether or not there is an
6agency relationship.
7 (i) "Department" means the Illinois Department of Human
8Services (as successor to the Department of Alcoholism and
9Substance Abuse) or its successor agency.
10 (j) (Blank).
11 (k) "Department of Corrections" means the Department of
12Corrections of the State of Illinois or its successor agency.
13 (l) "Department of Financial and Professional Regulation"
14means the Department of Financial and Professional Regulation
15of the State of Illinois or its successor agency.
16 (m) "Depressant" means any drug that (i) causes an overall
17depression of central nervous system functions, (ii) causes
18impaired consciousness and awareness, and (iii) can be
19habit-forming or lead to a substance abuse problem, including
20but not limited to alcohol, cannabis and its active principles
21and their analogs, benzodiazepines and their analogs,
22barbiturates and their analogs, opioids (natural and
23synthetic) and their analogs, and chloral hydrate and similar
24sedative hypnotics.
25 (n) (Blank).
26 (o) "Director" means the Director of the Illinois State

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1Police or his or her designated agents.
2 (p) "Dispense" means to deliver a controlled substance to
3an ultimate user or research subject by or pursuant to the
4lawful order of a prescriber, including the prescribing,
5administering, packaging, labeling, or compounding necessary
6to prepare the substance for that delivery.
7 (q) "Dispenser" means a practitioner who dispenses.
8 (r) "Distribute" means to deliver, other than by
9administering or dispensing, a controlled substance.
10 (s) "Distributor" means a person who distributes.
11 (t) "Drug" means (1) substances recognized as drugs in the
12official United States Pharmacopoeia, Official Homeopathic
13Pharmacopoeia of the United States, or official National
14Formulary, or any supplement to any of them; (2) substances
15intended for use in diagnosis, cure, mitigation, treatment, or
16prevention of disease in man or animals; (3) substances (other
17than food) intended to affect the structure of any function of
18the body of man or animals and (4) substances intended for use
19as a component of any article specified in clause (1), (2), or
20(3) of this subsection. It does not include devices or their
21components, parts, or accessories.
22 (t-3) "Electronic health record" or "EHR" means an
23electronic record of health-related information on an
24individual that is created, gathered, managed, and consulted by
25authorized health care clinicians and staff.
26 (t-4) "Emergency medical services personnel" has the

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1meaning ascribed to it in the Emergency Medical Services (EMS)
2Systems Act.
3 (t-5) "Euthanasia agency" means an entity certified by the
4Department of Financial and Professional Regulation for the
5purpose of animal euthanasia that holds an animal control
6facility license or animal shelter license under the Animal
7Welfare Act. A euthanasia agency is authorized to purchase,
8store, possess, and utilize Schedule II nonnarcotic and
9Schedule III nonnarcotic drugs for the sole purpose of animal
11 (t-10) "Euthanasia drugs" means Schedule II or Schedule III
12substances (nonnarcotic controlled substances) that are used
13by a euthanasia agency for the purpose of animal euthanasia.
14 (u) "Good faith" means the prescribing or dispensing of a
15controlled substance by a practitioner in the regular course of
16professional treatment to or for any person who is under his or
17her treatment for a pathology or condition other than that
18individual's physical or psychological dependence upon or
19addiction to a controlled substance, except as provided herein:
20and application of the term to a pharmacist shall mean the
21dispensing of a controlled substance pursuant to the
22prescriber's order which in the professional judgment of the
23pharmacist is lawful. The pharmacist shall be guided by
24accepted professional standards including, but not limited to
25the following, in making the judgment:
26 (1) lack of consistency of prescriber-patient

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1 relationship,
2 (2) frequency of prescriptions for same drug by one
3 prescriber for large numbers of patients,
4 (3) quantities beyond those normally prescribed,
5 (4) unusual dosages (recognizing that there may be
6 clinical circumstances where more or less than the usual
7 dose may be used legitimately),
8 (5) unusual geographic distances between patient,
9 pharmacist and prescriber,
10 (6) consistent prescribing of habit-forming drugs.
11 (u-0.5) "Hallucinogen" means a drug that causes markedly
12altered sensory perception leading to hallucinations of any
14 (u-1) "Home infusion services" means services provided by a
15pharmacy in compounding solutions for direct administration to
16a patient in a private residence, long-term care facility, or
17hospice setting by means of parenteral, intravenous,
18intramuscular, subcutaneous, or intraspinal infusion.
19 (u-5) "Illinois State Police" means the State Police of the
20State of Illinois, or its successor agency.
21 (v) "Immediate precursor" means a substance:
22 (1) which the Department has found to be and by rule
23 designated as being a principal compound used, or produced
24 primarily for use, in the manufacture of a controlled
25 substance;
26 (2) which is an immediate chemical intermediary used or

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1 likely to be used in the manufacture of such controlled
2 substance; and
3 (3) the control of which is necessary to prevent,
4 curtail or limit the manufacture of such controlled
5 substance.
6 (w) "Instructional activities" means the acts of teaching,
7educating or instructing by practitioners using controlled
8substances within educational facilities approved by the State
9Board of Education or its successor agency.
10 (x) "Local authorities" means a duly organized State,
11County or Municipal peace unit or police force.
12 (y) "Look-alike substance" means a substance, other than a
13controlled substance which (1) by overall dosage unit
14appearance, including shape, color, size, markings or lack
15thereof, taste, consistency, or any other identifying physical
16characteristic of the substance, would lead a reasonable person
17to believe that the substance is a controlled substance, or (2)
18is expressly or impliedly represented to be a controlled
19substance or is distributed under circumstances which would
20lead a reasonable person to believe that the substance is a
21controlled substance. For the purpose of determining whether
22the representations made or the circumstances of the
23distribution would lead a reasonable person to believe the
24substance to be a controlled substance under this clause (2) of
25subsection (y), the court or other authority may consider the
26following factors in addition to any other factor that may be

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2 (a) statements made by the owner or person in control
3 of the substance concerning its nature, use or effect;
4 (b) statements made to the buyer or recipient that the
5 substance may be resold for profit;
6 (c) whether the substance is packaged in a manner
7 normally used for the illegal distribution of controlled
8 substances;
9 (d) whether the distribution or attempted distribution
10 included an exchange of or demand for money or other
11 property as consideration, and whether the amount of the
12 consideration was substantially greater than the
13 reasonable retail market value of the substance.
14 Clause (1) of this subsection (y) shall not apply to a
15noncontrolled substance in its finished dosage form that was
16initially introduced into commerce prior to the initial
17introduction into commerce of a controlled substance in its
18finished dosage form which it may substantially resemble.
19 Nothing in this subsection (y) prohibits the dispensing or
20distributing of noncontrolled substances by persons authorized
21to dispense and distribute controlled substances under this
22Act, provided that such action would be deemed to be carried
23out in good faith under subsection (u) if the substances
24involved were controlled substances.
25 Nothing in this subsection (y) or in this Act prohibits the
26manufacture, preparation, propagation, compounding,

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1processing, packaging, advertising or distribution of a drug or
2drugs by any person registered pursuant to Section 510 of the
3Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
4 (y-1) "Mail-order pharmacy" means a pharmacy that is
5located in a state of the United States that delivers,
6dispenses or distributes, through the United States Postal
7Service or other common carrier, to Illinois residents, any
8substance which requires a prescription.
9 (z) "Manufacture" means the production, preparation,
10propagation, compounding, conversion or processing of a
11controlled substance other than methamphetamine, either
12directly or indirectly, by extraction from substances of
13natural origin, or independently by means of chemical
14synthesis, or by a combination of extraction and chemical
15synthesis, and includes any packaging or repackaging of the
16substance or labeling of its container, except that this term
17does not include:
18 (1) by an ultimate user, the preparation or compounding
19 of a controlled substance for his or her own use; or
20 (2) by a practitioner, or his or her authorized agent
21 under his or her supervision, the preparation,
22 compounding, packaging, or labeling of a controlled
23 substance:
24 (a) as an incident to his or her administering or
25 dispensing of a controlled substance in the course of
26 his or her professional practice; or

HB3910 Engrossed- 17 -LRB100 10675 RLC 20899 b
1 (b) as an incident to lawful research, teaching or
2 chemical analysis and not for sale.
3 (z-1) (Blank).
4 (z-5) "Medication shopping" means the conduct prohibited
5under subsection (a) of Section 314.5 of this Act.
6 (z-10) "Mid-level practitioner" means (i) a physician
7assistant who has been delegated authority to prescribe through
8a written delegation of authority by a physician licensed to
9practice medicine in all of its branches, in accordance with
10Section 7.5 of the Physician Assistant Practice Act of 1987,
11(ii) an advanced practice nurse who has been delegated
12authority to prescribe through a written delegation of
13authority by a physician licensed to practice medicine in all
14of its branches or by a podiatric physician, in accordance with
15Section 65-40 of the Nurse Practice Act, (iii) an advanced
16practice nurse certified as a nurse practitioner, nurse
17midwife, or clinical nurse specialist who has been granted
18authority to prescribe by a hospital affiliate in accordance
19with Section 65-45 of the Nurse Practice Act, (iv) an animal
20euthanasia agency, or (v) a prescribing psychologist.
21 (aa) "Narcotic drug" means any of the following, whether
22produced directly or indirectly by extraction from substances
23of vegetable origin, or independently by means of chemical
24synthesis, or by a combination of extraction and chemical
26 (1) opium, opiates, derivatives of opium and opiates,

HB3910 Engrossed- 18 -LRB100 10675 RLC 20899 b
1 including their isomers, esters, ethers, salts, and salts
2 of isomers, esters, and ethers, whenever the existence of
3 such isomers, esters, ethers, and salts is possible within
4 the specific chemical designation; however the term
5 "narcotic drug" does not include the isoquinoline
6 alkaloids of opium;
7 (2) (blank);
8 (3) opium poppy and poppy straw;
9 (4) coca leaves, except coca leaves and extracts of
10 coca leaves from which substantially all of the cocaine and
11 ecgonine, and their isomers, derivatives and salts, have
12 been removed;
13 (5) cocaine, its salts, optical and geometric isomers,
14 and salts of isomers;
15 (6) ecgonine, its derivatives, their salts, isomers,
16 and salts of isomers;
17 (7) any compound, mixture, or preparation which
18 contains any quantity of any of the substances referred to
19 in subparagraphs (1) through (6).
20 (bb) "Nurse" means a registered nurse licensed under the
21Nurse Practice Act.
22 (cc) (Blank).
23 (dd) "Opiate" means any substance having an addiction
24forming or addiction sustaining liability similar to morphine
25or being capable of conversion into a drug having addiction
26forming or addiction sustaining liability.

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1 (ee) "Opium poppy" means the plant of the species Papaver
2somniferum L., except its seeds.
3 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
4solution or other liquid form of medication intended for
5administration by mouth, but the term does not include a form
6of medication intended for buccal, sublingual, or transmucosal
8 (ff) "Parole and Pardon Board" means the Parole and Pardon
9Board of the State of Illinois or its successor agency.
10 (gg) "Person" means any individual, corporation,
11mail-order pharmacy, government or governmental subdivision or
12agency, business trust, estate, trust, partnership or
13association, or any other entity.
14 (hh) "Pharmacist" means any person who holds a license or
15certificate of registration as a registered pharmacist, a local
16registered pharmacist or a registered assistant pharmacist
17under the Pharmacy Practice Act.
18 (ii) "Pharmacy" means any store, ship or other place in
19which pharmacy is authorized to be practiced under the Pharmacy
20Practice Act.
21 (ii-5) "Pharmacy shopping" means the conduct prohibited
22under subsection (b) of Section 314.5 of this Act.
23 (ii-10) "Physician" (except when the context otherwise
24requires) means a person licensed to practice medicine in all
25of its branches.
26 (jj) "Poppy straw" means all parts, except the seeds, of

HB3910 Engrossed- 20 -LRB100 10675 RLC 20899 b
1the opium poppy, after mowing.
2 (kk) "Practitioner" means a physician licensed to practice
3medicine in all its branches, dentist, optometrist, podiatric
4physician, veterinarian, scientific investigator, pharmacist,
5physician assistant, advanced practice nurse, licensed
6practical nurse, registered nurse, emergency medical services
7personnel, hospital, laboratory, or pharmacy, or other person
8licensed, registered, or otherwise lawfully permitted by the
9United States or this State to distribute, dispense, conduct
10research with respect to, administer or use in teaching or
11chemical analysis, a controlled substance in the course of
12professional practice or research.
13 (ll) "Pre-printed prescription" means a written
14prescription upon which the designated drug has been indicated
15prior to the time of issuance; the term does not mean a written
16prescription that is individually generated by machine or
17computer in the prescriber's office.
18 (mm) "Prescriber" means a physician licensed to practice
19medicine in all its branches, dentist, optometrist,
20prescribing psychologist licensed under Section 4.2 of the
21Clinical Psychologist Licensing Act with prescriptive
22authority delegated under Section 4.3 of the Clinical
23Psychologist Licensing Act, podiatric physician, or
24veterinarian who issues a prescription, a physician assistant
25who issues a prescription for a controlled substance in
26accordance with Section 303.05, a written delegation, and a

HB3910 Engrossed- 21 -LRB100 10675 RLC 20899 b
1written supervision agreement required under Section 7.5 of the
2Physician Assistant Practice Act of 1987, an advanced practice
3nurse with prescriptive authority delegated under Section
465-40 of the Nurse Practice Act and in accordance with Section
5303.05, a written delegation, and a written collaborative
6agreement under Section 65-35 of the Nurse Practice Act, or an
7advanced practice nurse certified as a nurse practitioner,
8nurse midwife, or clinical nurse specialist who has been
9granted authority to prescribe by a hospital affiliate in
10accordance with Section 65-45 of the Nurse Practice Act and in
11accordance with Section 303.05.
12 (nn) "Prescription" means a written, facsimile, or oral
13order, or an electronic order that complies with applicable
14federal requirements, of a physician licensed to practice
15medicine in all its branches, dentist, podiatric physician or
16veterinarian for any controlled substance, of an optometrist in
17accordance with Section 15.1 of the Illinois Optometric
18Practice Act of 1987, of a prescribing psychologist licensed
19under Section 4.2 of the Clinical Psychologist Licensing Act
20with prescriptive authority delegated under Section 4.3 of the
21Clinical Psychologist Licensing Act, of a physician assistant
22for a controlled substance in accordance with Section 303.05, a
23written delegation, and a written supervision agreement
24required under Section 7.5 of the Physician Assistant Practice
25Act of 1987, of an advanced practice nurse with prescriptive
26authority delegated under Section 65-40 of the Nurse Practice

HB3910 Engrossed- 22 -LRB100 10675 RLC 20899 b
1Act who issues a prescription for a controlled substance in
2accordance with Section 303.05, a written delegation, and a
3written collaborative agreement under Section 65-35 of the
4Nurse Practice Act, or of an advanced practice nurse certified
5as a nurse practitioner, nurse midwife, or clinical nurse
6specialist who has been granted authority to prescribe by a
7hospital affiliate in accordance with Section 65-45 of the
8Nurse Practice Act and in accordance with Section 303.05 when
9required by law.
10 (nn-5) "Prescription Information Library" (PIL) means an
11electronic library that contains reported controlled substance
13 (nn-10) "Prescription Monitoring Program" (PMP) means the
14entity that collects, tracks, and stores reported data on
15controlled substances and select drugs pursuant to Section 316.
16 (oo) "Production" or "produce" means manufacture,
17planting, cultivating, growing, or harvesting of a controlled
18substance other than methamphetamine.
19 (pp) "Registrant" means every person who is required to
20register under Section 302 of this Act.
21 (qq) "Registry number" means the number assigned to each
22person authorized to handle controlled substances under the
23laws of the United States and of this State.
24 (qq-5) "Secretary" means, as the context requires, either
25the Secretary of the Department or the Secretary of the
26Department of Financial and Professional Regulation, and the

HB3910 Engrossed- 23 -LRB100 10675 RLC 20899 b
1Secretary's designated agents.
2 (rr) "State" includes the State of Illinois and any state,
3district, commonwealth, territory, insular possession thereof,
4and any area subject to the legal authority of the United
5States of America.
6 (rr-5) "Stimulant" means any drug that (i) causes an
7overall excitation of central nervous system functions, (ii)
8causes impaired consciousness and awareness, and (iii) can be
9habit-forming or lead to a substance abuse problem, including
10but not limited to amphetamines and their analogs,
11methylphenidate and its analogs, cocaine, and phencyclidine
12and its analogs.
13 (ss) "Ultimate user" means a person who lawfully possesses
14a controlled substance for his or her own use or for the use of
15a member of his or her household or for administering to an
16animal owned by him or her or by a member of his or her
18(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
1998-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff.
207-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480,
21eff. 9-9-15; 99-642, eff. 7-28-16.)
22 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
23 Sec. 312. Requirements for dispensing controlled
25 (a) A practitioner, in good faith, may dispense a Schedule

HB3910 Engrossed- 24 -LRB100 10675 RLC 20899 b
1II controlled substance, which is a narcotic drug listed in
2Section 206 of this Act; or which contains any quantity of
3amphetamine or methamphetamine, their salts, optical isomers
4or salts of optical isomers; phenmetrazine and its salts; or
5pentazocine; and Schedule III, IV, or V controlled substances
6to any person upon a written or electronic prescription of any
7prescriber, dated and signed by the person prescribing (or
8electronically validated in compliance with Section 311.5) on
9the day when issued and bearing the name and address of the
10patient for whom, or the owner of the animal for which the
11controlled substance is dispensed, and the full name, address
12and registry number under the laws of the United States
13relating to controlled substances of the prescriber, if he or
14she is required by those laws to be registered. If the
15prescription is for an animal it shall state the species of
16animal for which it is ordered. The practitioner filling the
17prescription shall, unless otherwise permitted, write the date
18of filling and his or her own signature on the face of the
19written prescription or, alternatively, shall indicate such
20filling using a unique identifier as defined in paragraph (v)
21of Section 3 of the Pharmacy Practice Act. The written
22prescription shall be retained on file by the practitioner who
23filled it or pharmacy in which the prescription was filled for
24a period of 2 years, so as to be readily accessible for
25inspection or removal by any officer or employee engaged in the
26enforcement of this Act. Whenever the practitioner's or

HB3910 Engrossed- 25 -LRB100 10675 RLC 20899 b
1pharmacy's copy of any prescription is removed by an officer or
2employee engaged in the enforcement of this Act, for the
3purpose of investigation or as evidence, such officer or
4employee shall give to the practitioner or pharmacy a receipt
5in lieu thereof. If the specific prescription is machine or
6computer generated and printed at the prescriber's office, the
7date does not need to be handwritten. A prescription for a
8Schedule II controlled substance shall not be issued for more
9than a 30 day supply, except as provided in subsection (a-5),
10and shall be valid for up to 90 days after the date of
11issuance. A written prescription for Schedule III, IV or V
12controlled substances shall not be filled or refilled more than
136 months after the date thereof or refilled more than 5 times
14unless renewed, in writing, by the prescriber. A pharmacy shall
15maintain a policy regarding the type of identification
16necessary, if any, to receive a prescription in accordance with
17State and federal law. The pharmacy must post such information
18where prescriptions are filled.
19 (a-5) Physicians may issue multiple prescriptions (3
20sequential 30-day supplies) for the same Schedule II controlled
21substance, authorizing up to a 90-day supply. Before
22authorizing a 90-day supply of a Schedule II controlled
23substance, the physician must meet the following conditions:
24 (1) Each separate prescription must be issued for a
25 legitimate medical purpose by an individual physician
26 acting in the usual course of professional practice.

HB3910 Engrossed- 26 -LRB100 10675 RLC 20899 b
1 (2) The individual physician must provide written
2 instructions on each prescription (other than the first
3 prescription, if the prescribing physician intends for the
4 prescription to be filled immediately) indicating the
5 earliest date on which a pharmacy may fill that
6 prescription.
7 (3) The physician shall document in the medical record
8 of a patient the medical necessity for the amount and
9 duration of the 3 sequential 30-day prescriptions for
10 Schedule II narcotics.
11 (b) In lieu of a written prescription required by this
12Section, a pharmacist, in good faith, may dispense Schedule
13III, IV, or V substances to any person either upon receiving a
14facsimile of a written, signed prescription transmitted by the
15prescriber or the prescriber's agent or upon a lawful oral
16prescription of a prescriber which oral prescription shall be
17reduced promptly to writing by the pharmacist and such written
18memorandum thereof shall be dated on the day when such oral
19prescription is received by the pharmacist and shall bear the
20full name and address of the ultimate user for whom, or of the
21owner of the animal for which the controlled substance is
22dispensed, and the full name, address, and registry number
23under the law of the United States relating to controlled
24substances of the prescriber prescribing if he or she is
25required by those laws to be so registered, and the pharmacist
26filling such oral prescription shall write the date of filling

HB3910 Engrossed- 27 -LRB100 10675 RLC 20899 b
1and his or her own signature on the face of such written
2memorandum thereof. The facsimile copy of the prescription or
3written memorandum of the oral prescription shall be retained
4on file by the proprietor of the pharmacy in which it is filled
5for a period of not less than two years, so as to be readily
6accessible for inspection by any officer or employee engaged in
7the enforcement of this Act in the same manner as a written
8prescription. The facsimile copy of the prescription or oral
9prescription and the written memorandum thereof shall not be
10filled or refilled more than 6 months after the date thereof or
11be refilled more than 5 times, unless renewed, in writing, by
12the prescriber.
13 (c) Except for any non-prescription targeted
14methamphetamine precursor regulated by the Methamphetamine
15Precursor Control Act, a controlled substance included in
16Schedule V shall not be distributed or dispensed other than for
17a medical purpose and not for the purpose of evading this Act,
18and then:
19 (1) only personally by a person registered to dispense
20 a Schedule V controlled substance and then only to his or
21 her patients, or
22 (2) only personally by a pharmacist, and then only to a
23 person over 21 years of age who has identified himself or
24 herself to the pharmacist by means of 2 positive documents
25 of identification.
26 (3) the dispenser shall record the name and address of

HB3910 Engrossed- 28 -LRB100 10675 RLC 20899 b
1 the purchaser, the name and quantity of the product, the
2 date and time of the sale, and the dispenser's signature.
3 (4) no person shall purchase or be dispensed more than
4 120 milliliters or more than 120 grams of any Schedule V
5 substance which contains codeine, dihydrocodeine, or any
6 salts thereof, or ethylmorphine, or any salts thereof, in
7 any 96 hour period. The purchaser shall sign a form,
8 approved by the Department of Financial and Professional
9 Regulation, attesting that he or she has not purchased any
10 Schedule V controlled substances within the immediately
11 preceding 96 hours.
12 (5) (Blank).
13 (6) all records of purchases and sales shall be
14 maintained for not less than 2 years.
15 (7) no person shall obtain or attempt to obtain within
16 any consecutive 96 hour period any Schedule V substances of
17 more than 120 milliliters or more than 120 grams containing
18 codeine, dihydrocodeine or any of its salts, or
19 ethylmorphine or any of its salts. Any person obtaining any
20 such preparations or combination of preparations in excess
21 of this limitation shall be in unlawful possession of such
22 controlled substance.
23 (8) a person qualified to dispense controlled
24 substances under this Act and registered thereunder shall
25 at no time maintain or keep in stock a quantity of Schedule
26 V controlled substances in excess of 4.5 liters for each

HB3910 Engrossed- 29 -LRB100 10675 RLC 20899 b
1 substance; a pharmacy shall at no time maintain or keep in
2 stock a quantity of Schedule V controlled substances as
3 defined in excess of 4.5 liters for each substance, plus
4 the additional quantity of controlled substances necessary
5 to fill the largest number of prescription orders filled by
6 that pharmacy for such controlled substances in any one
7 week in the previous year. These limitations shall not
8 apply to Schedule V controlled substances which Federal law
9 prohibits from being dispensed without a prescription.
10 (9) no person shall distribute or dispense butyl
11 nitrite for inhalation or other introduction into the human
12 body for euphoric or physical effect.
13 (d) Every practitioner shall keep a record or log of
14controlled substances received by him or her and a record of
15all such controlled substances administered, dispensed or
16professionally used by him or her otherwise than by
17prescription. It shall, however, be sufficient compliance with
18this paragraph if any practitioner utilizing controlled
19substances listed in Schedules III, IV and V shall keep a
20record of all those substances dispensed and distributed by him
21or her other than those controlled substances which are
22administered by the direct application of a controlled
23substance, whether by injection, inhalation, ingestion, or any
24other means to the body of a patient or research subject. A
25practitioner who dispenses, other than by administering, a
26controlled substance in Schedule II, which is a narcotic drug

HB3910 Engrossed- 30 -LRB100 10675 RLC 20899 b
1listed in Section 206 of this Act, or which contains any
2quantity of amphetamine or methamphetamine, their salts,
3optical isomers or salts of optical isomers, pentazocine, or
4methaqualone shall do so only upon the issuance of a written
5prescription blank or electronic prescription issued by a
7 (e) Whenever a manufacturer distributes a controlled
8substance in a package prepared by him or her, and whenever a
9wholesale distributor distributes a controlled substance in a
10package prepared by him or her or the manufacturer, he or she
11shall securely affix to each package in which that substance is
12contained a label showing in legible English the name and
13address of the manufacturer, the distributor and the quantity,
14kind and form of controlled substance contained therein. No
15person except a pharmacist and only for the purposes of filling
16a prescription under this Act, shall alter, deface or remove
17any label so affixed.
18 (f) Whenever a practitioner dispenses any controlled
19substance except a non-prescription Schedule V product or a
20non-prescription targeted methamphetamine precursor regulated
21by the Methamphetamine Precursor Control Act, he or she shall
22affix to the container in which such substance is sold or
23dispensed, a label indicating the date of initial filling, the
24practitioner's name and address, the name of the patient, the
25name of the prescriber, the directions for use and cautionary
26statements, if any, contained in any prescription or required

HB3910 Engrossed- 31 -LRB100 10675 RLC 20899 b
1by law, the proprietary name or names or the established name
2of the controlled substance, and the dosage and quantity,
3except as otherwise authorized by regulation by the Department
4of Financial and Professional Regulation. No person shall
5alter, deface or remove any label so affixed as long as the
6specific medication remains in the container.
7 (g) A person to whom or for whose use any controlled
8substance has been prescribed or dispensed by a practitioner,
9or other persons authorized under this Act, and the owner of
10any animal for which such substance has been prescribed or
11dispensed by a veterinarian, may lawfully possess such
12substance only in the container in which it was delivered to
13him or her by the person dispensing such substance.
14 (h) The responsibility for the proper prescribing or
15dispensing of controlled substances that are under the
16prescriber's direct control is upon the prescriber. The
17responsibility for the proper filling of a prescription for
18controlled substance drugs rests with the pharmacist. An order
19purporting to be a prescription issued to any individual, which
20is not in the regular course of professional treatment nor part
21of an authorized methadone maintenance program, nor in
22legitimate and authorized research instituted by any
23accredited hospital, educational institution, charitable
24foundation, or federal, state or local governmental agency, and
25which is intended to provide that individual with controlled
26substances sufficient to maintain that individual's or any

HB3910 Engrossed- 32 -LRB100 10675 RLC 20899 b
1other individual's physical or psychological addiction,
2habitual or customary use, dependence, or diversion of that
3controlled substance is not a prescription within the meaning
4and intent of this Act; and the person issuing it, shall be
5subject to the penalties provided for violations of the law
6relating to controlled substances.
7 (i) A prescriber shall not pre-print or cause to be
8pre-printed a prescription for any controlled substance; nor
9shall any practitioner issue, fill or cause to be issued or
10filled, a pre-printed prescription for any controlled
12 (i-5) A prescriber may use a machine or electronic device
13to individually generate a printed prescription, but the
14prescriber is still required to affix his or her manual
16 (j) No person shall manufacture, dispense, deliver,
17possess with intent to deliver, prescribe, or administer or
18cause to be administered under his or her direction any
19anabolic steroid, for any use in humans other than the
20treatment of disease in accordance with the order of a
21physician licensed to practice medicine in all its branches for
22a valid medical purpose in the course of professional practice.
23The use of anabolic steroids for the purpose of hormonal
24manipulation that is intended to increase muscle mass, strength
25or weight without a medical necessity to do so, or for the
26intended purpose of improving physical appearance or

HB3910 Engrossed- 33 -LRB100 10675 RLC 20899 b
1performance in any form of exercise, sport, or game, is not a
2valid medical purpose or in the course of professional
4 (k) Controlled substances may be mailed if all of the
5following conditions are met:
6 (1) The controlled substances are not outwardly
7 dangerous and are not likely, of their own force, to cause
8 injury to a person's life or health.
9 (2) The inner container of a parcel containing
10 controlled substances must be marked and sealed as required
11 under this Act and its rules, and be placed in a plain
12 outer container or securely wrapped in plain paper.
13 (3) If the controlled substances consist of
14 prescription medicines, the inner container must be
15 labeled to show the name and address of the pharmacy or
16 practitioner dispensing the prescription.
17 (4) The outside wrapper or container must be free of
18 markings that would indicate the nature of the contents.
19 (l) Notwithstanding any other provision of this Act to the
20contrary, emergency medical services personnel may administer
21Schedule II, III, IV, or V controlled substances to a person in
22the scope of their employment without a written, electronic, or
23oral prescription of a prescriber.
24(Source: P.A. 99-78, eff. 7-20-15; 99-480, eff. 9-9-15.)