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| Public Act 100-0280
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| HB3910 Enrolled | LRB100 10675 RLC 20899 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Controlled Substances Act is |
amended by changing Sections 102 and 312 as follows:
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(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) |
Sec. 102. Definitions. As used in this Act, unless the |
context
otherwise requires:
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(a) "Addict" means any person who habitually uses any drug, |
chemical,
substance or dangerous drug other than alcohol so as |
to endanger the public
morals, health, safety or welfare or who |
is so far addicted to the use of a
dangerous drug or controlled |
substance other than alcohol as to have lost
the power of self |
control with reference to his or her addiction.
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(b) "Administer" means the direct application of a |
controlled
substance, whether by injection, inhalation, |
ingestion, or any other
means, to the body of a patient, |
research subject, or animal (as
defined by the Humane |
Euthanasia in Animal Shelters Act) by:
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(1) a practitioner (or, in his or her presence, by his |
or her authorized agent),
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(2) the patient or research subject pursuant to an |
order, or
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(3) a euthanasia technician as defined by the Humane |
Euthanasia in
Animal Shelters Act.
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(c) "Agent" means an authorized person who acts on behalf |
of or at
the direction of a manufacturer, distributor, |
dispenser, prescriber, or practitioner. It does not
include a |
common or contract carrier, public warehouseman or employee of
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the carrier or warehouseman.
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(c-1) "Anabolic Steroids" means any drug or hormonal |
substance,
chemically and pharmacologically related to |
testosterone (other than
estrogens, progestins, |
corticosteroids, and dehydroepiandrosterone),
and includes:
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(i) 3[beta],17-dihydroxy-5a-androstane, |
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, |
(iii) 5[alpha]-androstan-3,17-dione, |
(iv) 1-androstenediol (3[beta], |
17[beta]-dihydroxy-5[alpha]-androst-1-ene), |
(v) 1-androstenediol (3[alpha], |
17[beta]-dihydroxy-5[alpha]-androst-1-ene), |
(vi) 4-androstenediol |
(3[beta],17[beta]-dihydroxy-androst-4-ene), |
(vii) 5-androstenediol |
(3[beta],17[beta]-dihydroxy-androst-5-ene), |
(viii) 1-androstenedione |
([5alpha]-androst-1-en-3,17-dione), |
(ix) 4-androstenedione |
(androst-4-en-3,17-dione), |
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(x) 5-androstenedione |
(androst-5-en-3,17-dione), |
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- |
hydroxyandrost-4-en-3-one), |
(xii) boldenone (17[beta]-hydroxyandrost- |
1,4,-diene-3-one), |
(xiii) boldione (androsta-1,4- |
diene-3,17-dione), |
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17 |
[beta]-hydroxyandrost-4-en-3-one), |
(xv) clostebol (4-chloro-17[beta]- |
hydroxyandrost-4-en-3-one), |
(xvi) dehydrochloromethyltestosterone (4-chloro- |
17[beta]-hydroxy-17[alpha]-methyl- |
androst-1,4-dien-3-one), |
(xvii) desoxymethyltestosterone |
(17[alpha]-methyl-5[alpha] |
-androst-2-en-17[beta]-ol)(a.k.a., madol), |
(xviii) [delta]1-dihydrotestosterone (a.k.a. |
'1-testosterone') (17[beta]-hydroxy- |
5[alpha]-androst-1-en-3-one), |
(xix) 4-dihydrotestosterone (17[beta]-hydroxy- |
androstan-3-one), |
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- |
5[alpha]-androstan-3-one), |
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- |
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hydroxyestr-4-ene), |
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- |
1[beta],17[beta]-dihydroxyandrost-4-en-3-one), |
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], |
17[beta]-dihydroxyandrost-1,4-dien-3-one), |
(xxiv) furazabol (17[alpha]-methyl-17[beta]- |
hydroxyandrostano[2,3-c]-furazan), |
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) |
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- |
androst-4-en-3-one), |
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- |
dihydroxy-estr-4-en-3-one), |
(xxviii) mestanolone (17[alpha]-methyl-17[beta]- |
hydroxy-5-androstan-3-one), |
(xxix) mesterolone (1amethyl-17[beta]-hydroxy- |
[5a]-androstan-3-one), |
(xxx) methandienone (17[alpha]-methyl-17[beta]- |
hydroxyandrost-1,4-dien-3-one), |
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- |
dihydroxyandrost-5-ene), |
(xxxii) methenolone (1-methyl-17[beta]-hydroxy- |
5[alpha]-androst-1-en-3-one), |
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- |
dihydroxy-5a-androstane), |
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy |
-5a-androstane), |
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(xxxv) 17[alpha]-methyl-3[beta],17[beta]- |
dihydroxyandrost-4-ene), |
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- |
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), |
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- |
hydroxyestra-4,9(10)-dien-3-one), |
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- |
hydroxyestra-4,9-11-trien-3-one), |
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- |
hydroxyandrost-4-en-3-one), |
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- |
hydroxyestr-4-en-3-one), |
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone |
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- |
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- |
1-testosterone'), |
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), |
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- |
dihydroxyestr-4-ene), |
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- |
dihydroxyestr-4-ene), |
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- |
dihydroxyestr-5-ene), |
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- |
dihydroxyestr-5-ene), |
(xlvii) 19-nor-4,9(10)-androstadienedione |
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(estra-4,9(10)-diene-3,17-dione), |
(xlviii) 19-nor-4-androstenedione (estr-4- |
en-3,17-dione), |
(xlix) 19-nor-5-androstenedione (estr-5- |
en-3,17-dione), |
(l) norbolethone (13[beta], 17a-diethyl-17[beta]- |
hydroxygon-4-en-3-one), |
(li) norclostebol (4-chloro-17[beta]- |
hydroxyestr-4-en-3-one), |
(lii) norethandrolone (17[alpha]-ethyl-17[beta]- |
hydroxyestr-4-en-3-one), |
(liii) normethandrolone (17[alpha]-methyl-17[beta]- |
hydroxyestr-4-en-3-one), |
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- |
2-oxa-5[alpha]-androstan-3-one), |
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]- |
dihydroxyandrost-4-en-3-one), |
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- |
17[beta]-hydroxy-(5[alpha]-androstan-3-one), |
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- |
(5[alpha]-androst-2-eno[3,2-c]-pyrazole), |
(lviii) stenbolone (17[beta]-hydroxy-2-methyl- |
(5[alpha]-androst-1-en-3-one), |
(lix) testolactone (13-hydroxy-3-oxo-13,17- |
secoandrosta-1,4-dien-17-oic |
acid lactone), |
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(lx) testosterone (17[beta]-hydroxyandrost- |
4-en-3-one), |
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]- |
diethyl-17[beta]-hydroxygon- |
4,9,11-trien-3-one), |
(lxii) trenbolone (17[beta]-hydroxyestr-4,9, |
11-trien-3-one).
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Any person who is otherwise lawfully in possession of an |
anabolic
steroid, or who otherwise lawfully manufactures, |
distributes, dispenses,
delivers, or possesses with intent to |
deliver an anabolic steroid, which
anabolic steroid is |
expressly intended for and lawfully allowed to be
administered |
through implants to livestock or other nonhuman species, and
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which is approved by the Secretary of Health and Human Services |
for such
administration, and which the person intends to |
administer or have
administered through such implants, shall |
not be considered to be in
unauthorized possession or to |
unlawfully manufacture, distribute, dispense,
deliver, or |
possess with intent to deliver such anabolic steroid for
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purposes of this Act.
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(d) "Administration" means the Drug Enforcement |
Administration,
United States Department of Justice, or its |
successor agency.
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(d-5) "Clinical Director, Prescription Monitoring Program" |
means a Department of Human Services administrative employee |
licensed to either prescribe or dispense controlled substances |
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who shall run the clinical aspects of the Department of Human |
Services Prescription Monitoring Program and its Prescription |
Information Library. |
(d-10) "Compounding" means the preparation and mixing of |
components, excluding flavorings, (1) as the result of a |
prescriber's prescription drug order or initiative based on the |
prescriber-patient-pharmacist relationship 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. "Compounding" includes the preparation of drugs |
or devices in anticipation of receiving prescription drug |
orders based on routine, regularly observed dispensing |
patterns. Commercially available products may be compounded |
for dispensing to individual patients only if both of the |
following conditions are met: (i) the commercial product is not |
reasonably available from normal distribution channels in a |
timely manner to meet the patient's needs and (ii) the |
prescribing practitioner has requested that the drug be |
compounded. |
(e) "Control" means to add a drug or other substance, or |
immediate
precursor, to a Schedule whether by
transfer from |
another Schedule or otherwise.
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(f) "Controlled Substance" means (i) a drug, substance, |
immediate
precursor, or synthetic drug in the Schedules of |
Article II of this Act or (ii) a drug or other substance, or |
immediate precursor, designated as a controlled substance by |
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the Department through administrative rule. The term does not |
include distilled spirits, wine, malt beverages, or tobacco, as |
those terms are
defined or used in the Liquor Control Act of |
1934 and the Tobacco Products Tax
Act of 1995.
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(f-5) "Controlled substance analog" means a substance: |
(1) the chemical structure of which is substantially |
similar to the chemical structure of a controlled substance |
in Schedule I or II; |
(2) which has a stimulant, depressant, or |
hallucinogenic effect on the central nervous system that is |
substantially similar to or greater than the stimulant, |
depressant, or hallucinogenic effect on the central |
nervous system of a controlled substance in Schedule I or |
II; or |
(3) with respect to a particular person, which such |
person represents or intends to have a stimulant, |
depressant, or hallucinogenic effect on the central |
nervous system that is substantially similar to or greater |
than the stimulant, depressant, or hallucinogenic effect |
on the central nervous system of a controlled substance in |
Schedule I or II. |
(g) "Counterfeit substance" means a controlled substance, |
which, or
the container or labeling of which, without |
authorization bears the
trademark, trade name, or other |
identifying mark, imprint, number or
device, or any likeness |
thereof, of a manufacturer, distributor, or
dispenser other |
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than the person who in fact manufactured, distributed,
or |
dispensed the substance.
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(h) "Deliver" or "delivery" means the actual, constructive |
or
attempted transfer of possession of a controlled substance, |
with or
without consideration, whether or not there is an |
agency relationship.
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(i) "Department" means the Illinois Department of Human |
Services (as
successor to the Department of Alcoholism and |
Substance Abuse) or its successor agency.
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(j) (Blank).
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(k) "Department of Corrections" means the Department of |
Corrections
of the State of Illinois or its successor agency.
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(l) "Department of Financial and Professional Regulation" |
means the Department
of Financial and Professional Regulation |
of the State of Illinois or its successor agency.
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(m) "Depressant" means any drug that (i) causes an overall |
depression of central nervous system functions, (ii) causes |
impaired consciousness and awareness, and (iii) can be |
habit-forming or lead to a substance abuse problem, including |
but not limited to alcohol, cannabis and its active principles |
and their analogs, benzodiazepines and their analogs, |
barbiturates and their analogs, opioids (natural and |
synthetic) and their analogs, and chloral hydrate and similar |
sedative hypnotics.
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(n) (Blank).
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(o) "Director" means the Director of the Illinois State |
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Police or his or her designated agents.
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(p) "Dispense" means to deliver a controlled substance to |
an
ultimate user or research subject by or pursuant to the |
lawful order of
a prescriber, including the prescribing, |
administering, packaging,
labeling, or compounding necessary |
to prepare the substance for that
delivery.
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(q) "Dispenser" means a practitioner who dispenses.
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(r) "Distribute" means to deliver, other than by |
administering or
dispensing, a controlled substance.
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(s) "Distributor" means a person who distributes.
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(t) "Drug" means (1) substances recognized as drugs in the |
official
United States Pharmacopoeia, Official Homeopathic |
Pharmacopoeia of the
United States, or official National |
Formulary, or any supplement to any
of them; (2) substances |
intended for use in diagnosis, cure, mitigation,
treatment, or |
prevention of disease in man or animals; (3) substances
(other |
than food) intended to affect the structure of any function of
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the body of man or animals and (4) substances intended for use |
as a
component of any article specified in clause (1), (2), or |
(3) of this
subsection. It does not include devices or their |
components, parts, or
accessories.
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(t-3) "Electronic health record" or "EHR" means an |
electronic record of health-related information on an |
individual that is created, gathered, managed, and consulted by |
authorized health care clinicians and staff. |
(t-4) "Emergency medical services personnel" has the |
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meaning ascribed to it in the Emergency Medical Services (EMS) |
Systems Act. |
(t-5) "Euthanasia agency" means
an entity certified by the |
Department of Financial and Professional Regulation for the
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purpose of animal euthanasia that holds an animal control |
facility license or
animal
shelter license under the Animal |
Welfare Act. A euthanasia agency is
authorized to purchase, |
store, possess, and utilize Schedule II nonnarcotic and
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Schedule III nonnarcotic drugs for the sole purpose of animal |
euthanasia.
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(t-10) "Euthanasia drugs" means Schedule II or Schedule III |
substances
(nonnarcotic controlled substances) that are used |
by a euthanasia agency for
the purpose of animal euthanasia.
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(u) "Good faith" means the prescribing or dispensing of a |
controlled
substance by a practitioner in the regular course of |
professional
treatment to or for any person who is under his or |
her treatment for a
pathology or condition other than that |
individual's physical or
psychological dependence upon or |
addiction to a controlled substance,
except as provided herein: |
and application of the term to a pharmacist
shall mean the |
dispensing of a controlled substance pursuant to the
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prescriber's order which in the professional judgment of the |
pharmacist
is lawful. The pharmacist shall be guided by |
accepted professional
standards including, but not limited to |
the following, in making the
judgment:
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(1) lack of consistency of prescriber-patient |
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relationship,
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(2) frequency of prescriptions for same drug by one |
prescriber for
large numbers of patients,
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(3) quantities beyond those normally prescribed,
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(4) unusual dosages (recognizing that there may be |
clinical circumstances where more or less than the usual |
dose may be used legitimately),
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(5) unusual geographic distances between patient, |
pharmacist and
prescriber,
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(6) consistent prescribing of habit-forming drugs.
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(u-0.5) "Hallucinogen" means a drug that causes markedly |
altered sensory perception leading to hallucinations of any |
type. |
(u-1) "Home infusion services" means services provided by a |
pharmacy in
compounding solutions for direct administration to |
a patient in a private
residence, long-term care facility, or |
hospice setting by means of parenteral,
intravenous, |
intramuscular, subcutaneous, or intraspinal infusion.
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(u-5) "Illinois State Police" means the State
Police of the |
State of Illinois, or its successor agency. |
(v) "Immediate precursor" means a substance:
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(1) which the Department has found to be and by rule |
designated as
being a principal compound used, or produced |
primarily for use, in the
manufacture of a controlled |
substance;
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(2) which is an immediate chemical intermediary used or |
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likely to
be used in the manufacture of such controlled |
substance; and
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(3) the control of which is necessary to prevent, |
curtail or limit
the manufacture of such controlled |
substance.
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(w) "Instructional activities" means the acts of teaching, |
educating
or instructing by practitioners using controlled |
substances within
educational facilities approved by the State |
Board of Education or
its successor agency.
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(x) "Local authorities" means a duly organized State, |
County or
Municipal peace unit or police force.
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(y) "Look-alike substance" means a substance, other than a |
controlled
substance which (1) by overall dosage unit |
appearance, including shape,
color, size, markings or lack |
thereof, taste, consistency, or any other
identifying physical |
characteristic of the substance, would lead a reasonable
person |
to believe that the substance is a controlled substance, or (2) |
is
expressly or impliedly represented to be a controlled |
substance or is
distributed under circumstances which would |
lead a reasonable person to
believe that the substance is a |
controlled substance. For the purpose of
determining whether |
the representations made or the circumstances of the
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distribution would lead a reasonable person to believe the |
substance to be
a controlled substance under this clause (2) of |
subsection (y), the court or
other authority may consider the |
following factors in addition to any other
factor that may be |
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relevant:
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(a) statements made by the owner or person in control |
of the substance
concerning its nature, use or effect;
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(b) statements made to the buyer or recipient that the |
substance may
be resold for profit;
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(c) whether the substance is packaged in a manner |
normally used for the
illegal distribution of controlled |
substances;
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(d) whether the distribution or attempted distribution |
included an
exchange of or demand for money or other |
property as consideration, and
whether the amount of the |
consideration was substantially greater than the
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reasonable retail market value of the substance.
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Clause (1) of this subsection (y) shall not apply to a |
noncontrolled
substance in its finished dosage form that was |
initially introduced into
commerce prior to the initial |
introduction into commerce of a controlled
substance in its |
finished dosage form which it may substantially resemble.
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Nothing in this subsection (y) prohibits the dispensing or |
distributing
of noncontrolled substances by persons authorized |
to dispense and
distribute controlled substances under this |
Act, provided that such action
would be deemed to be carried |
out in good faith under subsection (u) if the
substances |
involved were controlled substances.
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Nothing in this subsection (y) or in this Act prohibits the |
manufacture,
preparation, propagation, compounding, |
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processing, packaging, advertising
or distribution of a drug or |
drugs by any person registered pursuant to
Section 510 of the |
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
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(y-1) "Mail-order pharmacy" means a pharmacy that is |
located in a state
of the United States that delivers, |
dispenses or
distributes, through the United States Postal |
Service or other common
carrier, to Illinois residents, any |
substance which requires a prescription.
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(z) "Manufacture" means the production, preparation, |
propagation,
compounding, conversion or processing of a |
controlled substance other than methamphetamine, either
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directly or indirectly, by extraction from substances of |
natural origin,
or independently by means of chemical |
synthesis, or by a combination of
extraction and chemical |
synthesis, and includes any packaging or
repackaging of the |
substance or labeling of its container, except that
this term |
does not include:
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(1) by an ultimate user, the preparation or compounding |
of a
controlled substance for his or her own use; or
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(2) by a practitioner, or his or her authorized agent |
under his or her
supervision, the preparation, |
compounding, packaging, or labeling of a
controlled |
substance:
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(a) as an incident to his or her administering or |
dispensing of a
controlled substance in the course of |
his or her professional practice; or
|
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(b) as an incident to lawful research, teaching or |
chemical
analysis and not for sale.
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(z-1) (Blank).
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(z-5) "Medication shopping" means the conduct prohibited |
under subsection (a) of Section 314.5 of this Act. |
(z-10) "Mid-level practitioner" means (i) a physician |
assistant who has been delegated authority to prescribe through |
a written delegation of authority by a physician licensed to |
practice medicine in all of its branches, in accordance with |
Section 7.5 of the Physician Assistant Practice Act of 1987, |
(ii) an advanced practice nurse who has been delegated |
authority to prescribe through a written delegation of |
authority by a physician licensed to practice medicine in all |
of its branches or by a podiatric physician, in accordance with |
Section 65-40 of the Nurse Practice Act, (iii) an advanced |
practice nurse certified as a nurse practitioner, nurse |
midwife, or clinical nurse specialist who has been granted |
authority to prescribe by a hospital affiliate in accordance |
with Section 65-45 of the Nurse Practice Act, (iv) an animal |
euthanasia agency, or (v) a prescribing psychologist. |
(aa) "Narcotic drug" means any of the following, whether |
produced
directly or indirectly by extraction from substances |
of vegetable origin,
or independently by means of chemical |
synthesis, or by a combination of
extraction and chemical |
synthesis:
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(1) opium, opiates, derivatives of opium and opiates, |
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including their isomers, esters, ethers, salts, and salts |
of isomers, esters, and ethers, whenever the existence of |
such isomers, esters, ethers, and salts is possible within |
the specific chemical designation; however the term |
"narcotic drug" does not include the isoquinoline |
alkaloids of opium;
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(2) (blank);
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(3) opium poppy and poppy straw;
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(4) coca leaves, except coca leaves and extracts of |
coca leaves from which substantially all of the cocaine and |
ecgonine, and their isomers, derivatives and salts, have |
been removed;
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(5) cocaine, its salts, optical and geometric isomers, |
and salts of isomers; |
(6) ecgonine, its derivatives, their salts, isomers, |
and salts of isomers; |
(7) any compound, mixture, or preparation which |
contains any quantity of any of the substances referred to |
in subparagraphs (1) through (6). |
(bb) "Nurse" means a registered nurse licensed under the
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Nurse Practice Act.
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(cc) (Blank).
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(dd) "Opiate" means any substance having an addiction |
forming or
addiction sustaining liability similar to morphine |
or being capable of
conversion into a drug having addiction |
forming or addiction sustaining
liability.
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(ee) "Opium poppy" means the plant of the species Papaver
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somniferum L., except its seeds.
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(ee-5) "Oral dosage" means a tablet, capsule, elixir, or |
solution or other liquid form of medication intended for |
administration by mouth, but the term does not include a form |
of medication intended for buccal, sublingual, or transmucosal |
administration. |
(ff) "Parole and Pardon Board" means the Parole and Pardon |
Board of
the State of Illinois or its successor agency.
|
(gg) "Person" means any individual, corporation, |
mail-order pharmacy,
government or governmental subdivision or |
agency, business trust, estate,
trust, partnership or |
association, or any other entity.
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(hh) "Pharmacist" means any person who holds a license or |
certificate of
registration as a registered pharmacist, a local |
registered pharmacist
or a registered assistant pharmacist |
under the Pharmacy Practice Act.
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(ii) "Pharmacy" means any store, ship or other place in |
which
pharmacy is authorized to be practiced under the Pharmacy |
Practice Act.
|
(ii-5) "Pharmacy shopping" means the conduct prohibited |
under subsection (b) of Section 314.5 of this Act. |
(ii-10) "Physician" (except when the context otherwise |
requires) means a person licensed to practice medicine in all |
of its branches. |
(jj) "Poppy straw" means all parts, except the seeds, of |
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the opium
poppy, after mowing.
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(kk) "Practitioner" means a physician licensed to practice |
medicine in all
its branches, dentist, optometrist, podiatric |
physician,
veterinarian, scientific investigator, pharmacist, |
physician assistant,
advanced practice nurse,
licensed |
practical
nurse, registered nurse, emergency medical services |
personnel, hospital, laboratory, or pharmacy, or other
person |
licensed, registered, or otherwise lawfully permitted by the
|
United States or this State to distribute, dispense, conduct |
research
with respect to, administer or use in teaching or |
chemical analysis, a
controlled substance in the course of |
professional practice or research.
|
(ll) "Pre-printed prescription" means a written |
prescription upon which
the designated drug has been indicated |
prior to the time of issuance; the term does not mean a written |
prescription that is individually generated by machine or |
computer in the prescriber's office.
|
(mm) "Prescriber" means a physician licensed to practice |
medicine in all
its branches, dentist, optometrist, |
prescribing psychologist licensed under Section 4.2 of the |
Clinical Psychologist Licensing Act with prescriptive |
authority delegated under Section 4.3 of the Clinical |
Psychologist Licensing Act, podiatric physician, or
|
veterinarian who issues a prescription, a physician assistant |
who
issues a
prescription for a controlled substance
in |
accordance
with Section 303.05, a written delegation, and a |
|
written supervision agreement required under Section 7.5
of the
|
Physician Assistant Practice Act of 1987, an advanced practice
|
nurse with prescriptive authority delegated under Section |
65-40 of the Nurse Practice Act and in accordance with Section |
303.05, a written delegation,
and a written
collaborative |
agreement under Section 65-35 of the Nurse Practice Act, or an |
advanced practice nurse certified as a nurse practitioner, |
nurse midwife, or clinical nurse specialist who has been |
granted authority to prescribe by a hospital affiliate in |
accordance with Section 65-45 of the Nurse Practice Act and in |
accordance with Section 303.05.
|
(nn) "Prescription" means a written, facsimile, or oral |
order, or an electronic order that complies with applicable |
federal requirements,
of
a physician licensed to practice |
medicine in all its branches,
dentist, podiatric physician or |
veterinarian for any controlled
substance, of an optometrist in |
accordance with Section 15.1 of the Illinois Optometric |
Practice Act of 1987, of a prescribing psychologist licensed |
under Section 4.2 of the Clinical Psychologist Licensing Act |
with prescriptive authority delegated under Section 4.3 of the |
Clinical Psychologist Licensing Act, of a physician assistant |
for a
controlled substance
in accordance with Section 303.05, a |
written delegation, and a written supervision agreement |
required under
Section 7.5 of the
Physician Assistant Practice |
Act of 1987, of an advanced practice
nurse with prescriptive |
authority delegated under Section 65-40 of the Nurse Practice |
|
Act who issues a prescription for a
controlled substance in |
accordance
with
Section 303.05, a written delegation, and a |
written collaborative agreement under Section 65-35 of the |
Nurse Practice Act, or of an advanced practice nurse certified |
as a nurse practitioner, nurse midwife, or clinical nurse |
specialist who has been granted authority to prescribe by a |
hospital affiliate in accordance with Section 65-45 of the |
Nurse Practice Act and in accordance with Section 303.05 when |
required by law.
|
(nn-5) "Prescription Information Library" (PIL) means an |
electronic library that contains reported controlled substance |
data. |
(nn-10) "Prescription Monitoring Program" (PMP) means the |
entity that collects, tracks, and stores reported data on |
controlled substances and select drugs pursuant to Section 316. |
(oo) "Production" or "produce" means manufacture, |
planting,
cultivating, growing, or harvesting of a controlled |
substance other than methamphetamine.
|
(pp) "Registrant" means every person who is required to |
register
under Section 302 of this Act.
|
(qq) "Registry number" means the number assigned to each |
person
authorized to handle controlled substances under the |
laws of the United
States and of this State.
|
(qq-5) "Secretary" means, as the context requires, either |
the Secretary of the Department or the Secretary of the |
Department of Financial and Professional Regulation, and the |
|
Secretary's designated agents. |
(rr) "State" includes the State of Illinois and any state, |
district,
commonwealth, territory, insular possession thereof, |
and any area
subject to the legal authority of the United |
States of America.
|
(rr-5) "Stimulant" means any drug that (i) causes an |
overall excitation of central nervous system functions, (ii) |
causes impaired consciousness and awareness, and (iii) can be |
habit-forming or lead to a substance abuse problem, including |
but not limited to amphetamines and their analogs, |
methylphenidate and its analogs, cocaine, and phencyclidine |
and its analogs. |
(ss) "Ultimate user" means a person who lawfully possesses |
a
controlled substance for his or her own use or for the use of |
a member of his or her
household or for administering to an |
animal owned by him or her or by a member
of his or her |
household.
|
(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14; |
98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff. |
7-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480, |
eff. 9-9-15; 99-642, eff. 7-28-16.)
|
(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
|
Sec. 312. Requirements for dispensing controlled |
substances.
|
(a) A practitioner, in good faith, may dispense a Schedule
|
|
II controlled substance, which is a narcotic drug listed in |
Section 206
of this Act; or which contains any quantity of |
amphetamine or
methamphetamine, their salts, optical isomers |
or salts of optical
isomers; phenmetrazine and its salts; or |
pentazocine; and Schedule III, IV, or V controlled substances
|
to any person upon
a written or electronic prescription of any |
prescriber, dated and signed
by the
person prescribing (or |
electronically validated in compliance with Section 311.5) on |
the day when issued and bearing the name and
address of the |
patient for whom, or the owner of the animal for which
the |
controlled substance is dispensed, and the full name, address |
and
registry number under the laws of the United States |
relating to
controlled substances of the prescriber, if he or |
she is
required by
those laws to be registered. If the |
prescription is for an animal it
shall state the species of |
animal for which it is ordered. The
practitioner filling the |
prescription shall, unless otherwise permitted, write the date |
of filling
and his or her own signature on the face of the |
written prescription or, alternatively, shall indicate such |
filling using a unique identifier as defined in paragraph (v) |
of Section 3 of the Pharmacy Practice Act.
The written |
prescription shall be
retained on file by the practitioner who |
filled it or pharmacy in which
the prescription was filled for |
a period of 2 years, so as to be readily
accessible for |
inspection or removal by any officer or employee engaged
in the |
enforcement of this Act. Whenever the practitioner's or
|
|
pharmacy's copy of any prescription is removed by an officer or
|
employee engaged in the enforcement of this Act, for the |
purpose of
investigation or as evidence, such officer or |
employee shall give to the
practitioner or pharmacy a receipt |
in lieu thereof. If the specific prescription is machine or |
computer generated and printed at the prescriber's office, the |
date does not need to be handwritten. A prescription
for a |
Schedule II controlled substance shall not be issued for more |
than a 30 day supply, except as provided in subsection (a-5), |
and shall be valid for up to 90 days
after the date of |
issuance. A written prescription for Schedule III, IV or
V |
controlled substances shall not be filled or refilled more than |
6 months
after the date thereof or refilled more than 5 times |
unless renewed, in
writing, by the prescriber. A pharmacy shall |
maintain a policy regarding the type of identification |
necessary, if any, to receive a prescription in accordance with |
State and federal law. The pharmacy must post such information |
where prescriptions are filled.
|
(a-5) Physicians may issue multiple prescriptions (3 |
sequential 30-day supplies) for the same Schedule II controlled |
substance, authorizing up to a 90-day supply. Before |
authorizing a 90-day supply of a Schedule II controlled |
substance, the physician must meet the following conditions: |
(1) Each separate prescription must be issued for a |
legitimate medical purpose by an individual physician |
acting in the usual course of professional practice. |
|
(2) The individual physician must provide written |
instructions on each prescription (other than the first |
prescription, if the prescribing physician intends for the |
prescription to be filled immediately) indicating the |
earliest date on which a pharmacy may fill that |
prescription. |
(3) The physician shall document in the medical record |
of a patient the medical necessity for the amount and |
duration of the 3 sequential 30-day prescriptions for |
Schedule II narcotics. |
(b) In lieu of a written prescription required by this |
Section, a
pharmacist, in good faith, may dispense Schedule |
III, IV, or V
substances to any person either upon receiving a |
facsimile of a written,
signed prescription transmitted by the |
prescriber or the prescriber's agent
or upon a lawful oral |
prescription of a
prescriber which oral prescription shall be |
reduced
promptly to
writing by the pharmacist and such written |
memorandum thereof shall be
dated on the day when such oral |
prescription is received by the
pharmacist and shall bear the |
full name and address of the ultimate user
for whom, or of the |
owner of the animal for which the controlled
substance is |
dispensed, and the full name, address, and registry number
|
under the law of the United States relating to controlled |
substances of
the prescriber prescribing if he or she is |
required by those laws
to be so
registered, and the pharmacist |
filling such oral prescription shall
write the date of filling |
|
and his or her own signature on the face of such
written |
memorandum thereof. The facsimile copy of the prescription or
|
written memorandum of the oral
prescription shall be retained |
on file by the proprietor of the pharmacy
in which it is filled |
for a period of not less than two years, so as to
be readily |
accessible for inspection by any officer or employee engaged
in |
the enforcement of this Act in the same manner as a written
|
prescription. The facsimile copy of the prescription or oral |
prescription
and the written memorandum thereof
shall not be |
filled or refilled more than 6 months after the date
thereof or |
be refilled more than 5 times, unless renewed, in writing, by
|
the prescriber.
|
(c) Except for any non-prescription targeted |
methamphetamine precursor regulated by the Methamphetamine |
Precursor Control Act, a
controlled substance included in |
Schedule V shall not be
distributed or dispensed other than for |
a medical purpose and not for
the purpose of evading this Act, |
and then:
|
(1) only personally by a person registered to dispense |
a Schedule V
controlled substance and then only to his or |
her patients, or
|
(2) only personally by a pharmacist, and then only to a |
person over
21 years of age who has identified himself or |
herself to the pharmacist by means of
2 positive documents |
of identification.
|
(3) the dispenser shall record the name and address of |
|
the
purchaser, the name and quantity of the product, the |
date and time of
the sale, and the dispenser's signature.
|
(4) no person shall purchase or be dispensed more than |
120
milliliters or more than 120 grams of any Schedule V |
substance which
contains codeine, dihydrocodeine, or any |
salts thereof, or
ethylmorphine, or any salts thereof, in |
any 96 hour period. The
purchaser shall sign a form, |
approved by the Department of Financial and Professional
|
Regulation, attesting that he or she has not purchased any |
Schedule V
controlled substances within the immediately |
preceding 96 hours.
|
(5) (Blank).
|
(6) all records of purchases and sales shall be |
maintained for not
less than 2 years.
|
(7) no person shall obtain or attempt to obtain within |
any
consecutive 96 hour period any Schedule V substances of |
more than 120
milliliters or more than 120 grams containing |
codeine, dihydrocodeine or
any of its salts, or |
ethylmorphine or any of its salts. Any person
obtaining any |
such preparations or combination of preparations in excess
|
of this limitation shall be in unlawful possession of such |
controlled
substance.
|
(8) a person qualified to dispense controlled |
substances under this
Act and registered thereunder shall |
at no time maintain or keep in stock
a quantity of Schedule |
V controlled substances in excess of 4.5 liters for each
|
|
substance; a pharmacy shall at no time maintain or keep in |
stock a
quantity of Schedule V controlled substances as |
defined in excess of 4.5
liters for each substance, plus |
the additional quantity of controlled
substances necessary |
to fill the largest number of prescription orders
filled by |
that pharmacy for such controlled substances in any one |
week
in the previous year. These limitations shall not |
apply to Schedule V
controlled substances which Federal law |
prohibits from being dispensed
without a prescription.
|
(9) no person shall distribute or dispense butyl |
nitrite for
inhalation or other introduction into the human |
body for euphoric or
physical effect.
|
(d) Every practitioner shall keep a record or log of |
controlled substances
received by him or her and a record of |
all such controlled substances
administered, dispensed or |
professionally used by him or her otherwise than by
|
prescription. It shall, however, be sufficient compliance with |
this
paragraph if any practitioner utilizing controlled |
substances listed in
Schedules III, IV and V shall keep a |
record of all those substances
dispensed and distributed by him |
or her other than those controlled substances
which are |
administered by the direct application of a controlled
|
substance, whether by injection, inhalation, ingestion, or any |
other
means to the body of a patient or research subject. A |
practitioner who
dispenses, other than by administering, a |
controlled substance in
Schedule II, which is a narcotic drug |
|
listed in Section 206 of this Act,
or which contains any |
quantity of amphetamine or methamphetamine, their
salts, |
optical isomers or salts of optical isomers, pentazocine, or
|
methaqualone shall do so only upon
the issuance of a written |
prescription blank or electronic prescription issued by a
|
prescriber.
|
(e) Whenever a manufacturer distributes a controlled |
substance in a
package prepared by him or her, and whenever a |
wholesale distributor
distributes a controlled substance in a |
package prepared by him or her or the
manufacturer, he or she |
shall securely affix to each package in which that
substance is |
contained a label showing in legible English the name and
|
address of the manufacturer, the distributor and the quantity, |
kind and
form of controlled substance contained therein. No |
person except a
pharmacist and only for the purposes of filling |
a prescription under
this Act, shall alter, deface or remove |
any label so affixed.
|
(f) Whenever a practitioner dispenses any controlled |
substance except a non-prescription Schedule V product or a |
non-prescription targeted methamphetamine precursor regulated |
by the Methamphetamine Precursor Control Act, he or she
shall |
affix to the container in which such substance is sold or
|
dispensed, a label indicating the date of initial filling, the |
practitioner's
name and address, the name
of the patient, the |
name of the prescriber,
the directions
for use and cautionary |
statements, if any, contained in any prescription
or required |
|
by law, the proprietary name or names or the established name
|
of the controlled substance, and the dosage and quantity, |
except as otherwise
authorized by regulation by the Department |
of Financial and Professional Regulation. No
person shall |
alter, deface or remove any label so affixed as long as the |
specific medication remains in the container.
|
(g) A person to whom or for whose use any controlled |
substance has
been prescribed or dispensed by a practitioner, |
or other persons
authorized under this Act, and the owner of |
any animal for which such
substance has been prescribed or |
dispensed by a veterinarian, may
lawfully possess such |
substance only in the container in which it was
delivered to |
him or her by the person dispensing such substance.
|
(h) The responsibility for the proper prescribing or |
dispensing of
controlled substances that are under the |
prescriber's direct control is upon the prescriber. The |
responsibility for
the proper filling of a prescription for |
controlled substance drugs
rests with the pharmacist. An order |
purporting to be a prescription
issued to any individual, which |
is not in the regular course of
professional treatment nor part |
of an authorized methadone maintenance
program, nor in |
legitimate and authorized research instituted by any
|
accredited hospital, educational institution, charitable |
foundation, or
federal, state or local governmental agency, and |
which is intended to
provide that individual with controlled |
substances sufficient to
maintain that individual's or any |
|
other individual's physical or
psychological addiction, |
habitual or customary use, dependence, or
diversion of that |
controlled substance is not a prescription within the
meaning |
and intent of this Act; and the person issuing it, shall be
|
subject to the penalties provided for violations of the law |
relating to
controlled substances.
|
(i) A prescriber shall not pre-print or cause to be
|
pre-printed a
prescription for any controlled substance; nor |
shall any practitioner
issue, fill or cause to be issued or |
filled, a pre-printed prescription
for any controlled |
substance.
|
(i-5) A prescriber may use a machine or electronic device |
to individually generate a printed prescription, but the |
prescriber is still required to affix his or her manual |
signature. |
(j) No person shall manufacture, dispense, deliver, |
possess with
intent to deliver, prescribe, or administer or |
cause to be administered
under his or her direction any |
anabolic steroid, for any use in humans other than
the |
treatment of disease in accordance with the order of a |
physician licensed
to practice medicine in all its branches for |
a
valid medical purpose in the course of professional practice. |
The use of
anabolic steroids for the purpose of hormonal |
manipulation that is intended
to increase muscle mass, strength |
or weight without a medical necessity to
do so, or for the |
intended purpose of improving physical appearance or
|
|
performance in any form of exercise, sport, or game, is not a |
valid medical
purpose or in the course of professional |
practice.
|
(k) Controlled substances may be mailed if all of the |
following conditions are met: |
(1) The controlled substances are not outwardly |
dangerous and are not likely, of their own force, to cause |
injury to a person's life or health. |
(2) The inner container of a parcel containing |
controlled substances must be marked and sealed as required |
under this Act and its rules, and be placed in a plain |
outer container or securely wrapped in plain paper. |
(3) If the controlled substances consist of |
prescription medicines, the inner container must be |
labeled to show the name and address of the pharmacy or |
practitioner dispensing the prescription. |
(4) The outside wrapper or container must be free of |
markings that would indicate the nature of the contents. |
(l) Notwithstanding any other provision of this Act to the |
contrary, emergency medical services personnel may administer |
Schedule II, III, IV, or V controlled substances to a person in |
the scope of their employment without a written, electronic, or |
oral prescription of a prescriber. |
(Source: P.A. 99-78, eff. 7-20-15; 99-480, eff. 9-9-15.)
|
