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| Public Act 102-0084
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| SB0194 Enrolled | LRB102 04364 SPS 14382 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Pharmacy Practice Act is amended by |
changing Section 4 as follows:
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(225 ILCS 85/4) (from Ch. 111, par. 4124)
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(Section scheduled to be repealed on January 1, 2023)
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Sec. 4. Exemptions. Nothing contained in any Section of |
this Act shall
apply
to, or in any manner interfere with:
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(a) the lawful practice of any physician licensed to |
practice medicine in
all of its branches, dentist, |
podiatric physician,
veterinarian, or therapeutically or |
diagnostically certified optometrist within
the limits of
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his or her license, or prevent him or her from
supplying to |
his
or her
bona fide patients
such drugs, medicines, or |
poisons as may seem to him appropriate;
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(b) the sale of compressed gases;
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(c) the sale of patent or proprietary medicines and |
household remedies
when sold in original and unbroken |
packages only, if such patent or
proprietary medicines and |
household remedies be properly and adequately
labeled as |
to content and usage and generally considered and accepted
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as harmless and nonpoisonous when used according to the |
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directions
on the label, and also do not contain opium or |
coca leaves, or any
compound, salt or derivative thereof, |
or any drug which, according
to the latest editions of the |
following authoritative pharmaceutical
treatises and |
standards, namely, The United States |
Pharmacopoeia/National
Formulary (USP/NF), the United |
States Dispensatory, and the Accepted
Dental Remedies of |
the Council of Dental Therapeutics of the American
Dental |
Association or any or either of them, in use on the |
effective
date of this Act, or according to the existing |
provisions of the Federal
Food, Drug, and Cosmetic Act and |
Regulations of the Department of Health
and Human |
Services, Food and Drug Administration, promulgated |
thereunder
now in effect, is designated, described or |
considered as a narcotic,
hypnotic, habit forming, |
dangerous, or poisonous drug;
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(d) the sale of poultry and livestock remedies in |
original and unbroken
packages only, labeled for poultry |
and livestock medication;
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(e) the sale of poisonous substances or mixture of |
poisonous substances,
in unbroken packages, for |
nonmedicinal use in the arts or industries
or for |
insecticide purposes; provided, they are properly and |
adequately
labeled as to content and such nonmedicinal |
usage, in conformity
with the provisions of all applicable |
federal, state and local laws
and regulations promulgated |
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thereunder now in effect relating thereto
and governing |
the same, and those which are required under such |
applicable
laws and regulations to be labeled with the |
word "Poison", are also labeled
with the word "Poison" |
printed
thereon in prominent type and the name of a |
readily obtainable antidote
with directions for its |
administration;
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(f) the delegation of limited prescriptive authority |
by a physician
licensed to
practice medicine in all its |
branches to a physician assistant
under Section 7.5 of the |
Physician Assistant Practice Act of 1987. This
delegated |
authority under Section 7.5 of the Physician Assistant |
Practice Act of 1987 may, but is not required to, include |
prescription of
controlled substances, as defined in |
Article II of the
Illinois Controlled Substances Act, in |
accordance with a written supervision agreement;
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(g) the delegation of prescriptive authority by a |
physician
licensed to practice medicine in all its |
branches or a licensed podiatric physician to an advanced |
practice
registered nurse in accordance with a written |
collaborative
agreement under Sections 65-35 and 65-40 of |
the Nurse Practice Act; and
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(h) the sale or distribution of dialysate or devices |
necessary to perform home peritoneal renal dialysis for |
patients with end-stage renal disease, provided that all |
of the following conditions are met: |
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(1) the dialysate, comprised of dextrose or |
icodextrin, or devices are approved or cleared by the |
federal Food and Drug Administration, as required by |
federal law; |
(2) the dialysate or devices are lawfully held by |
a manufacturer or the manufacturer's agent, which is |
properly registered with the Board as a manufacturer, |
third-party logistics provider, or wholesaler; |
(3) the dialysate or devices are held and |
delivered to the manufacturer or the manufacturer's |
agent in the original, sealed packaging from the |
manufacturing facility; |
(4) the dialysate or devices are delivered only |
upon receipt of a physician's prescription by a |
licensed pharmacy in which the prescription is |
processed in accordance with provisions set forth in |
this Act, and the transmittal of an order from the |
licensed pharmacy to the manufacturer or the |
manufacturer's agent; and |
(5) the manufacturer or the manufacturer's agent |
delivers the dialysate or devices directly to: (i) a |
patient with end-stage renal disease, or his or her |
designee, for the patient's self-administration of the |
dialysis therapy or (ii) a health care provider or |
institution for administration or delivery of the |
dialysis therapy to a patient with end-stage renal |
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disease. |
This paragraph (h) does not include any other drugs |
for peritoneal dialysis, except dialysate, as described in |
item (1) of this paragraph (h). All records of sales and |
distribution of dialysate to patients made pursuant to |
this paragraph (h) must be retained in accordance with |
Section 18 of this Act. A student pharmacist or licensed |
pharmacy technician engaged in remote prescription |
processing under Section 25.10 of this Act at a licensed |
pharmacy described in item (4) of this paragraph (h) shall |
be permitted to access an employer pharmacy's database |
from his or her home or other remote location while under |
the supervision of a pharmacist for the purpose of |
performing certain prescription processing functions, |
provided that the pharmacy establishes controls to protect |
the privacy and security of confidential records. |
(Source: P.A. 100-218, eff. 8-18-17; 100-513, eff. 1-1-18; |
100-863, eff. 8-14-18; 101-420, eff. 8-16-19.)
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