Bill Text: IL SB0647 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Mental Health and Developmental Disabilities Administrative Act. Changes reference from the Andrew McFarland Mental Health Center to the Elizabeth Parsons Ware Packard Mental Health Center. Repeals the Perinatal Mental Health Disorders Prevention and Treatment Act. Amends the Maternal Mental Health Conditions Education, Early Diagnosis, and Treatment Act. Provides that Department of Human Services, in conjunction with the Department of Healthcare and Family Services, the Department of Public Health, and the Department of Financial and Professional Regulation and the Medical Licensing Board, shall work with birthing hospitals and licensed health care professionals in this State to develop policies, procedures, information, and educational materials to meet each of the following requirements concerning maternal mental health conditions: (1) licensed health care professionals providing prenatal care to women shall provide education to women and, if possible and with permission, to their families about maternal mental health conditions in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists; (2) all birthing hospitals shall provide new mothers, prior to discharge following childbirth, and, if possible, shall provide fathers and other family members with complete information about maternal mental health conditions, including its symptoms, methods of coping with the illness, treatment resources, post-hospital treatment options, and community resources; and (3) Licensed health care professionals providing prenatal care at a prenatal visit shall invite each pregnant patient to complete a questionnaire and shall review the completed questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists. Provides that the Department of Human Services, in conjunction with the Department of Healthcare and Family Services, the Department of Public Health, and the Department of Financial and Professional Regulation, and the Medical Licensing Board shall develop educational materials for health care professionals (deletes patients) about maternal mental health conditions. Amends the Illinois Controlled Substances Act. Changes references from substance abuse to substance use disorder. Deletes references to drug abuse and addiction. Some provisions are effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-04-15 - Assigned to Human Services Committee [SB0647 Detail]

Download: Illinois-2023-SB0647-Engrossed.html

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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
4 as follows:
(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
Sec. 4. Supervision of facilities and services; quarterly
reports.
(a) To exercise executive and administrative supervision
over all facilities, divisions, programs and services now
existing or hereafter acquired or created under the
jurisdiction of the Department, including, but not limited to,
the following:
The Alton Mental Health Center, at Alton
The Clyde L. Choate Mental Health and Developmental
Center, at Anna
The Chester Mental Health Center, at Chester
The Chicago-Read Mental Health Center, at Chicago
The Elgin Mental Health Center, at Elgin
The Metropolitan Children and Adolescents Center, at
Chicago
The Jacksonville Developmental Center, at Jacksonville

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The Governor Samuel H. Shapiro Developmental Center,
at Kankakee
The Tinley Park Mental Health Center, at Tinley Park
The Warren G. Murray Developmental Center, at
Centralia
The Jack Mabley Developmental Center, at Dixon
The Lincoln Developmental Center, at Lincoln
The H. Douglas Singer Mental Health and Developmental
Center, at Rockford
The John J. Madden Mental Health Center, at Chicago
The George A. Zeller Mental Health Center, at Peoria
The Elizabeth Parsons Ware Packard Andrew McFarland
Mental Health Center, at Springfield
The Adolf Meyer Mental Health Center, at Decatur
The William W. Fox Developmental Center, at Dwight
The Elisabeth Ludeman Developmental Center, at Park
Forest
The William A. Howe Developmental Center, at Tinley
Park
The Ann M. Kiley Developmental Center, at Waukegan.
(b) Beginning not later than July 1, 1977, the Department
shall cause each of the facilities under its jurisdiction
which provide in-patient care to comply with standards, rules
and regulations of the Department of Public Health prescribed
under Section 6.05 of the Hospital Licensing Act.
(b-5) The Department shall cause each of the facilities

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under its jurisdiction that provide in-patient care to comply
with Section 6.25 of the Hospital Licensing Act.
(c) The Department shall issue quarterly electronic
reports to the General Assembly on admissions, deflections,
discharges, bed closures, staff-resident ratios, census,
average length of stay, and any adverse federal certification
or accreditation findings, if any, for each State-operated
facility for the mentally ill and for persons with
developmental disabilities. The quarterly reports shall be
issued by January 1, April 1, July 1, and October 1 of each
year. The quarterly reports shall include the following
information for each facility reflecting the period ending 15
days prior to the submission of the report:
(1) the number of employees;
(2) the number of workplace violence incidents that
occurred, including the number that were a direct assault
on employees by residents and the number that resulted
from staff intervention in a resident altercation or other
form of injurious behavior;
(3) the number of employees impacted in each incident;
and
(4) the number of employee injuries resulting,
descriptions of the nature of the injuries, the number of
employee injuries requiring medical treatment at the
facility, the number of employee injuries requiring
outside medical treatment, and the number of days off work

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per injury.
(d) The requirements in subsection (c) do not relieve the
Department from the recordkeeping requirements of the
Occupational Safety and Health Act.
(e) The Department shall:
(1) establish a reasonable procedure for employees to
report work-related assaults and injuries. A procedure is
not reasonable if it would deter or discourage a
reasonable employee from accurately reporting a workplace
assault or injury;
(2) inform each employee:
(A) of the procedure for reporting work-related
assaults and injuries;
(B) of the right to report work-related assaults
and injuries; and
(C) that the Department is prohibited from
discharging or in any manner discriminating against
employees for reporting work-related assaults and
injuries; and
(3) not discharge, discipline, or in any manner
discriminate against any employee for reporting a
work-related assault or injury.
(Source: P.A. 99-143, eff. 7-27-15; 100-1075, eff. 1-1-19.)
(405 ILCS 95/Act rep.)
Section 10. The Perinatal Mental Health Disorders

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Prevention and Treatment Act is repealed.
Section 15. The Maternal Mental Health Conditions
Education, Early Diagnosis, and Treatment Act is amended by
changing Sections 5, 10, and 15 and by adding Sections 9 and 14
as follows:
(405 ILCS 120/5)
Sec. 5. Findings. The General Assembly finds the
following:
(1) Maternal depression is a common complication of
pregnancy. Maternal mental health disorders encompass a
range of mental health conditions, such as depression,
anxiety, and postpartum psychosis.
(2) Maternal mental health conditions affect one in 5
women during or after pregnancy, but all women are at risk
of suffering from maternal mental health conditions.
(3) Untreated maternal mental health conditions
significantly and negatively impact the short-term and
long-term health and well-being of affected women and
their children.
(4) Untreated maternal mental health conditions cause
adverse birth outcomes, impaired maternal-infant bonding,
poor infant growth, childhood emotional and behavioral
problems, and significant medical and economic costs,
estimated to be $22,500 per mother.

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(5) Lack of understanding and social stigma of mental
health conditions prevent women and families from
understanding the signs, symptoms, and risks involved with
maternal mental health conditions and disproportionately
affect women who lack access to social support networks.
(6) It is the intent of the General Assembly to raise
awareness of the risk factors, signs, symptoms, and
treatment options for maternal mental health conditions
among pregnant women and their families, the general
public, primary health care providers, and health care
providers who care for pregnant women, postpartum women,
and newborn infants.
(Source: P.A. 101-512, eff. 1-1-20.)
(405 ILCS 120/9 new)
Sec. 9. Intent. It is the intent of the General Assembly:
(1) to raise awareness of the risk factors, signs,
symptoms, and treatment options for maternal mental health
conditions among pregnant women and their families, the
general public, primary care providers, and health care
providers who care for pregnant women, postpartum women,
and newborn infants;
(2) to provide information to women and their families
about maternal mental health conditions in order to lower
the likelihood that new mothers will continue to suffer
from this illness in silence;

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(3) to develop procedures for assessing women for
maternal mental health conditions during prenatal and
postnatal visits to licensed health care professionals;
and
(4) to promote early detection of maternal mental
health conditions to promote early care and treatment and,
when medically appropriate, to avoid medication.
(405 ILCS 120/10)
Sec. 10. Definitions. In this Act:
"Birthing hospital" means a hospital that has an approved
obstetric category of service and licensed beds by the Health
Facilities and Services Review Board.
"Department" means the Department of Human Services.
"Licensed health care professional" means a physician
licensed to practice medicine in all its branches, a licensed
advanced practice registered nurse, or a licensed physician
assistant.
"Maternal mental health condition" means a mental health
condition that occurs during pregnancy or during the
postpartum period and includes, but is not limited to,
postpartum depression.
"Postnatal care" means an office visit to a licensed
health care professional occurring after birth, with reference
to the infant or mother.
"Prenatal care" means an office visit to a licensed health

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care professional for pregnancy-related care occurring before
the birth.
"Questionnaire" means an assessment tool administered by a
licensed health care professional to detect maternal mental
health conditions, such as the Edinburgh Postnatal Depression
Scale, the Postpartum Depression Screening Scale, the Beck
Depression Inventory, the Patient Health Questionnaire, or
other validated assessment methods.
(Source: P.A. 101-512, eff. 1-1-20.)
(405 ILCS 120/14 new)
Sec. 14. Maternal mental health conditions prevention and
treatment. The Department of Human Services, in conjunction
with the Department of Healthcare and Family Services, the
Department of Public Health, and the Department of Financial
and Professional Regulation and the Medical Licensing Board,
shall work with birthing hospitals and licensed health care
professionals in this State to develop policies, procedures,
information, and educational materials to meet each of the
following requirements concerning maternal mental health
conditions:
(1) Licensed health care professionals providing
prenatal care to women shall provide education to women
and, if possible and with permission, to their families
about maternal mental health conditions in accordance with
the formal opinions and recommendations of the American

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College of Obstetricians and Gynecologists.
(2) All birthing hospitals shall provide new mothers,
prior to discharge following childbirth, and, if possible,
shall provide fathers and other family members with
complete information about maternal mental health
conditions, including its symptoms, methods of coping with
the illness, treatment resources, post-hospital treatment
options, and community resources. The Department of Human
Services shall provide written information that hospitals
may use to satisfy this subsection (2). A birthing
hospital shall supplement the materials provided by the
Department to include relevant resources to the region or
community in which the birthing hospital is located.
(3) Licensed health care professionals providing
prenatal care at a prenatal visit shall invite each
pregnant patient to complete a questionnaire and shall
review the completed questionnaire in accordance with the
formal opinions and recommendations of the American
College of Obstetricians and Gynecologists. Assessment for
maternal mental health conditions must be repeated when,
in the professional judgment of the licensed health care
professional, a reasonable possibility exists that the
woman suffers from a maternal mental health condition.
(4) Licensed health care professionals providing
postnatal care to women shall invite each patient to
complete a questionnaire and shall review the completed

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questionnaire in accordance with the formal opinions and
recommendations of the American College of Obstetricians
and Gynecologists.
(5) Licensed health care professionals providing
pediatric care to an infant shall invite the infant's
mother to complete a questionnaire at any well-baby
check-up at which the mother is present prior to the
infant's first birthday, and shall review the completed
questionnaire in accordance with the formal opinions and
recommendations of the American College of Obstetricians
and Gynecologists, in order to ensure that the health and
well-being of the infant are not compromised by an
undiagnosed maternal mental health condition in the
mother. In order to share results from an assessment with
the mother's primary licensed health care professional,
consent should be obtained from the mother in accordance
with the Illinois Health Insurance Portability and
Accountability Act. If the mother is determined to present
an acute danger to herself or someone else, consent is not
required.
(405 ILCS 120/15)
Sec. 15. Educational materials about maternal mental
health conditions. The Department, in conjunction with the
Department of Healthcare and Family Services, the Department
of Public Health, and the Department of Financial and

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Professional Regulation and the Medical Licensing Board, shall
develop educational materials for health care professionals
and patients about maternal mental health conditions. A
birthing hospital shall, on or before January 1, 2021,
distribute these materials to employees regularly assigned to
work with pregnant or postpartum women and incorporate these
materials in any employee training that is related to patient
care of pregnant or postpartum women. A birthing hospital
shall supplement the materials provided by the Department to
include relevant resources to the region or community in which
the birthing hospital is located. The educational materials
developed under this Section shall include all of the
following:
(1) Information for postpartum women and families
about maternal mental health conditions, post-hospital
treatment options, and community resources.
(1) (2) Information for hospital employees regularly
assigned to work in the perinatal unit, including, as
appropriate, registered nurses and social workers, about
maternal mental health conditions.
(2) (3) Any other service the birthing hospital
determines should be included in the program to provide
optimal patient care.
(Source: P.A. 101-512, eff. 1-1-20.)
Section 20. The Illinois Controlled Substances Act is

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amended by changing Sections 100, 102, 201, 203, 205, 207,
208, 209, 210, 211, 216, 312, 313, 318, 320, 410, 411.2, 413,
504, 508, and 509 as follows:
(720 ILCS 570/100) (from Ch. 56 1/2, par. 1100)
Sec. 100. Legislative intent. It is the intent of the
General Assembly, recognizing the rising incidence in the
misuse abuse of drugs and other dangerous substances and its
resultant damage to the peace, health, and welfare of the
citizens of Illinois, to provide a system of control over the
distribution and use of controlled substances which will more
effectively: (1) limit access of such substances only to those
persons who have demonstrated an appropriate sense of
responsibility and have a lawful and legitimate reason to
possess them; (2) deter the unlawful and destructive misuse
abuse of controlled substances; (3) penalize most heavily the
illicit traffickers or profiteers of controlled substances,
who propagate and perpetuate the misuse abuse of such
substances with reckless disregard for its consumptive
consequences upon every element of society; (4) acknowledge
the functional and consequential differences between the
various types of controlled substances and provide for
correspondingly different degrees of control over each of the
various types; (5) unify where feasible and codify the efforts
of this State to conform with the regulatory systems of the
Federal government; and (6) provide law enforcement

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authorities with the necessary resources to make this system
efficacious.
It is not the intent of the General Assembly to treat the
unlawful user or occasional petty distributor of controlled
substances with the same severity as the large-scale, unlawful
purveyors and traffickers of controlled substances. However,
it is recognized that persons who violate this Act with
respect to the manufacture, delivery, possession with intent
to deliver, or possession of more than one type of controlled
substance listed herein may accordingly receive multiple
convictions and sentences under each Section of this Act. To
this end, guidelines have been provided, along with a wide
latitude in sentencing discretion, to enable the sentencing
court to order penalties in each case which are appropriate
for the purposes of this Act.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Person with a substance use disorder Addict" means
any person who has a substance use disorder diagnosis defined
as a spectrum of persistent and recurring problematic behavior
that encompasses 10 separate classes of drugs: alcohol;
caffeine; cannabis; hallucinogens; inhalants; opioids;
sedatives, hypnotics and anxiolytics; stimulants; and tobacco;

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and other unknown substances leading to clinically significant
impairment or distress 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.
(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:
(1) a practitioner (or, in his or her presence, by his
or her authorized agent),
(2) the patient or research subject pursuant to an
order, or
(3) a euthanasia technician as defined by the Humane
Euthanasia in Animal Shelters Act.
(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
the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins,

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corticosteroids, and dehydroepiandrosterone), and includes:
(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),
(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),

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(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]-
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),

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(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,
(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),

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(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
(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]-

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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),
(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).
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

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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
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
purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(d-5) "Clinical Director, Prescription Monitoring Program"
means a Department of Human Services administrative employee
licensed to either prescribe or dispense controlled substances
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

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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.
(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
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.
(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

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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
than the person who in fact manufactured, distributed, or
dispensed the substance.
(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. "Deliver" or "delivery" does not include
the donation of drugs to the extent permitted under the
Illinois Drug Reuse Opportunity Program Act.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and

SB0647 Engrossed - 23 - LRB103 03100 RJT 48106 b
Substance Abuse) or its successor agency.
(j) (Blank).
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Financial and Professional Regulation"
means the Department of Financial and Professional Regulation
of the State of Illinois or its successor agency.
(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 misuse or substance use
disorder 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.
(n) (Blank).
(o) "Director" means the Director of the Illinois State
Police or his or her designated agents.
(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.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by

SB0647 Engrossed - 24 - LRB103 03100 RJT 48106 b
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(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
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.
(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-3.5) "Electronic health record system" or "EHR system"
means any computer-based system or combination of federally
certified Health IT Modules (defined at 42 CFR 170.102 or its
successor) used as a repository for electronic health records
and accessed or updated by a prescriber or authorized
surrogate in the ordinary course of his or her medical
practice. For purposes of connecting to the Prescription
Information Library maintained by the Bureau of Pharmacy and
Clinical Support Systems or its successor, an EHR system may

SB0647 Engrossed - 25 - LRB103 03100 RJT 48106 b
connect to the Prescription Information Library directly or
through all or part of a computer program or system that is a
federally certified Health IT Module maintained by a third
party and used by the EHR system to secure access to the
database.
(t-4) "Emergency medical services personnel" has the
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
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
Schedule III nonnarcotic drugs for the sole purpose of animal
euthanasia.
(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.
(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

SB0647 Engrossed - 26 - LRB103 03100 RJT 48106 b
herein: and application of the term to a pharmacist shall mean
the dispensing of a controlled substance pursuant to the
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:
(1) lack of consistency of prescriber-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages (recognizing that there may be
clinical circumstances where more or less than the usual
dose may be used legitimately),
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(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.
(u-5) "Illinois State Police" means the Illinois State

SB0647 Engrossed - 27 - LRB103 03100 RJT 48106 b
Police or its successor agency.
(v) "Immediate precursor" means a substance:
(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;
(2) which is an immediate chemical intermediary used
or likely to be used in the manufacture of such controlled
substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(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.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(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

SB0647 Engrossed - 28 - LRB103 03100 RJT 48106 b
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 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 relevant:
(a) statements made by the owner or person in control
of the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that the
substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(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
reasonable retail market value of the substance.
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.
Nothing in this subsection (y) prohibits the dispensing or

SB0647 Engrossed - 29 - LRB103 03100 RJT 48106 b
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.
Nothing in this subsection (y) or in this Act prohibits
the manufacture, preparation, propagation, compounding,
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).
(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.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
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:
(1) by an ultimate user, the preparation or
compounding of a controlled substance for his or her own

SB0647 Engrossed - 30 - LRB103 03100 RJT 48106 b
use;
(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:
(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
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale; or
(3) the packaging, repackaging, or labeling of drugs
only to the extent permitted under the Illinois Drug Reuse
Opportunity Program Act.
(z-1) (Blank).
(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 registered
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

SB0647 Engrossed - 31 - LRB103 03100 RJT 48106 b
Practice Act, (iii) an advanced practice registered 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:
(1) opium, opiates, derivatives of opium and opiates,
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;
(2) (blank);
(3) opium poppy and poppy straw;
(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;
(5) cocaine, its salts, optical and geometric isomers,
and salts of isomers;

SB0647 Engrossed - 32 - LRB103 03100 RJT 48106 b
(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
Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means a drug derived from or related to
opium 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.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(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.

SB0647 Engrossed - 33 - LRB103 03100 RJT 48106 b
(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.
(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
the opium poppy, after mowing.
(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 registered 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

SB0647 Engrossed - 34 - LRB103 03100 RJT 48106 b
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 collaborative agreement required under Section 7.5 of
the Physician Assistant Practice Act of 1987, an advanced
practice registered 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, an advanced practice registered 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,
or an advanced practice registered nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse specialist who

SB0647 Engrossed - 35 - LRB103 03100 RJT 48106 b
has full practice authority pursuant to Section 65-43 of the
Nurse Practice Act.
(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 collaborative agreement
required under Section 7.5 of the Physician Assistant Practice
Act of 1987, of an advanced practice registered 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, of an advanced
practice registered 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, or of an

SB0647 Engrossed - 36 - LRB103 03100 RJT 48106 b
advanced practice registered nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse specialist who
has full practice authority pursuant to Section 65-43 of the
Nurse Practice Act.
(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

SB0647 Engrossed - 37 - LRB103 03100 RJT 48106 b
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 use disorder abuse
problem, including, but not limited to, amphetamines and their
analogs, methylphenidate and its analogs, cocaine, and
phencyclidine and its analogs.
(rr-10) "Synthetic drug" includes, but is not limited to,
any synthetic cannabinoids or piperazines or any synthetic
cathinones as provided for in Schedule I.
(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. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
Sec. 201. (a) The Department shall carry out the
provisions of this Article. The Department or its successor
agency may, by administrative rule, add additional substances
to or delete or reschedule all controlled substances in the
Schedules of Sections 204, 206, 208, 210 and 212 of this Act.
In making a determination regarding the addition, deletion, or

SB0647 Engrossed - 38 - LRB103 03100 RJT 48106 b
rescheduling of a substance, the Department shall consider the
following:
(1) the actual or relative potential for misuse abuse;
(2) the scientific evidence of its pharmacological
effect, if known;
(3) the state of current scientific knowledge
regarding the substance;
(4) the history and current pattern of misuse abuse;
(5) the scope, duration, and significance of misuse
abuse;
(6) the risk to the public health;
(7) the potential of the substance to produce
psychological or physiological dependence or a substance
use disorder;
(8) whether the substance is an immediate precursor of
a substance already controlled under this Article;
(9) the immediate harmful effect in terms of
potentially fatal dosage; and
(10) the long-range effects in terms of permanent
health impairment.
(b) (Blank).
(c) (Blank).
(d) If any substance is scheduled, rescheduled, or deleted
as a controlled substance under Federal law and notice thereof
is given to the Department, the Department shall similarly
control the substance under this Act after the expiration of

SB0647 Engrossed - 39 - LRB103 03100 RJT 48106 b
30 days from publication in the Federal Register of a final
order scheduling a substance as a controlled substance or
rescheduling or deleting a substance, unless within that 30
day period the Department objects, or a party adversely
affected files with the Department substantial written
objections objecting to inclusion, rescheduling, or deletion.
In that case, the Department shall publish the reasons for
objection or the substantial written objections and afford all
interested parties an opportunity to be heard. At the
conclusion of the hearing, the Department shall publish its
decision, by means of a rule, which shall be final unless
altered by statute. Upon publication of objections by the
Department, similar control under this Act whether by
inclusion, rescheduling or deletion is stayed until the
Department publishes its ruling.
(e) (Blank).
(f) (Blank).
(g) Authority to control under this Section does not
extend to 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.
(h) Persons registered with the Drug Enforcement
Administration to manufacture or distribute controlled
substances shall maintain adequate security and provide
effective controls and procedures to guard against theft and
diversion, but shall not otherwise be required to meet the

SB0647 Engrossed - 40 - LRB103 03100 RJT 48106 b
physical security control requirements (such as cage or vault)
for Schedule V controlled substances containing
pseudoephedrine or Schedule II controlled substances
containing dextromethorphan.
(Source: P.A. 97-334, eff. 1-1-12; 98-756, eff. 7-16-14.)
(720 ILCS 570/203) (from Ch. 56 1/2, par. 1203)
Sec. 203. The Department, taking into consideration the
recommendations of its Prescription Monitoring Program
Advisory Committee, may issue a rule scheduling a substance in
Schedule I if it finds that:
(1) the substance has high potential for misuse abuse;
and
(2) the substance has no currently accepted medical
use in treatment in the United States or lacks accepted
safety for use in treatment under medical supervision.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/205) (from Ch. 56 1/2, par. 1205)
Sec. 205. The Department, taking into consideration the
recommendations of its Prescription Monitoring Program
Advisory Committee, may issue a rule scheduling a substance in
Schedule II if it finds that:
(1) the substance has high potential for misuse abuse;
(2) the substance has currently accepted medical use
in treatment in the United States, or currently accepted

SB0647 Engrossed - 41 - LRB103 03100 RJT 48106 b
medical use with severe restrictions; and
(3) the misuse abuse of the substance may lead to
severe psychological or physiological dependence.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/207) (from Ch. 56 1/2, par. 1207)
Sec. 207. The Department, taking into consideration the
recommendations of its Prescription Monitoring Program
Advisory Committee, may issue a rule scheduling a substance in
Schedule III if it finds that:
(1) the substance has a potential for misuse abuse
less than the substances listed in Schedule I and II;
(2) the substance has currently accepted medical use
in treatment in the United States; and
(3) misuse abuse of the substance may lead to moderate
or low physiological dependence or high psychological
dependence.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
Sec. 208. (a) The controlled substances listed in this
Section are included in Schedule III.
(b) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous

SB0647 Engrossed - 42 - LRB103 03100 RJT 48106 b
system, including its salts, isomers (whether optical
position, or geometric), and salts of such isomers whenever
the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation;
(1) Those compounds, mixtures, or preparations in
dosage unit form containing any stimulant substances
listed in Schedule II which compounds, mixtures, or
preparations were listed on August 25, 1971, as excepted
compounds under Title 21, Code of Federal Regulations,
Section 308.32, and any other drug of the quantitative
composition shown in that list for those drugs or which is
the same except that it contains a lesser quantity of
controlled substances;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(c) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a potential for misuse abuse associated with
a depressant effect on the central nervous system:
(1) Any compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital or any salt
thereof and one or more other active medicinal ingredients
which are not listed in any schedule;

SB0647 Engrossed - 43 - LRB103 03100 RJT 48106 b
(2) Any suppository dosage form containing
amobarbital, secobarbital, pentobarbital or any salt of
any of these drugs and approved by the Federal Food and
Drug Administration for marketing only as a suppository;
(3) Any substance which contains any quantity of a
derivative of barbituric acid, or any salt thereof:
(3.1) Aprobarbital;
(3.2) Butabarbital (secbutabarbital);
(3.3) Butalbital;
(3.4) Butobarbital (butethal);
(4) Chlorhexadol;
(5) Methyprylon;
(6) Sulfondiethylmethane;
(7) Sulfonethylmethane;
(8) Sulfonmethane;
(9) Lysergic acid;
(10) Lysergic acid amide;
(10.1) Tiletamine or zolazepam or both, or any salt of
either of them.
Some trade or other names for a tiletamine-zolazepam
combination product: Telazol.
Some trade or other names for Tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
Some trade or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
[3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.

SB0647 Engrossed - 44 - LRB103 03100 RJT 48106 b
(11) Any material, compound, mixture or preparation
containing not more than 12.5 milligrams of pentazocine or
any of its salts, per 325 milligrams of aspirin;
(12) Any material, compound, mixture or preparation
containing not more than 12.5 milligrams of pentazocine or
any of its salts, per 325 milligrams of acetaminophen;
(13) Any material, compound, mixture or preparation
containing not more than 50 milligrams of pentazocine or
any of its salts plus naloxone HCl USP 0.5 milligrams, per
dosage unit;
(14) Ketamine;
(15) Thiopental.
(d) Nalorphine.
(d.5) Buprenorphine.
(e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the
free anhydrous base or alkaloid, as set forth below:
(1) not more than 1.8 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage
unit, with an equal or greater quantity of an isoquinoline
alkaloid of opium;
(2) not more than 1.8 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage
unit, with one or more active non-narcotic ingredients in

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recognized therapeutic amounts;
(3) (blank);
(4) (blank);
(5) not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage
unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts;
(6) not more than 300 milligrams of ethylmorphine per
100 milliliters or not more than 15 milligrams per dosage
unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts;
(7) not more than 500 milligrams of opium per 100
milliliters or per 100 grams, or not more than 25
milligrams per dosage unit, with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts;
(8) not more than 50 milligrams of morphine per 100
milliliters or per 100 grams with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts.
(f) Anabolic steroids, except the following anabolic
steroids that are exempt:
(1) Androgyn L.A.;
(2) Andro-Estro 90-4;
(3) depANDROGYN;
(4) DEPO-T.E.;

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(5) depTESTROGEN;
(6) Duomone;
(7) DURATESTRIN;
(8) DUO-SPAN II;
(9) Estratest;
(10) Estratest H.S.;
(11) PAN ESTRA TEST;
(12) Premarin with Methyltestosterone;
(13) TEST-ESTRO Cypionates;
(14) Testosterone Cyp 50 Estradiol Cyp 2;
(15) Testosterone Cypionate-Estradiol Cypionate
injection; and
(16) Testosterone Enanthate-Estradiol Valerate
injection.
(g) Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and
encapsulated in a soft gelatin capsule in a U.S. Food and
Drug Administration approved product. Some other names for
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or
(-)-delta-9-(trans)-tetrahydrocannabinol.
(2) (Reserved).
(h) The Department may except by rule any compound,
mixture, or preparation containing any stimulant or depressant
substance listed in subsection (b) from the application of all
or any part of this Act if the compound, mixture, or

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preparation contains one or more active medicinal ingredients
not having a stimulant or depressant effect on the central
nervous system, and if the admixtures are included therein in
combinations, quantity, proportion, or concentration that
vitiate the potential for misuse abuse of the substances which
have a stimulant or depressant effect on the central nervous
system.
(Source: P.A. 100-368, eff. 1-1-18.)
(720 ILCS 570/209) (from Ch. 56 1/2, par. 1209)
Sec. 209. The Department, taking into consideration the
recommendations of its Prescription Monitoring Program
Advisory Committee, may issue a rule scheduling a substance in
Schedule IV if it finds that:
(1) the substance has a low potential for misuse abuse
relative to substances in Schedule III;
(2) the substance has currently accepted medical use
in treatment in the United States; and
(3) misuse abuse of the substance may lead to limited
physiological dependence or psychological dependence
relative to the substances in Schedule III.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/210) (from Ch. 56 1/2, par. 1210)
Sec. 210. (a) The controlled substances listed in this
Section are included in Schedule IV.

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(b) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the
free anhydrous base or alkaloid, as set forth below:
(1) Not more than 1 milligram of difenoxin (DEA Drug
Code No. 9618) and not less than 25 micrograms of atropine
sulfate per dosage unit.
(2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
2-diphenyl-3-methyl-2-propionoxybutane).
(c) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a potential for misuse abuse associated with
a depressant effect on the central nervous system:
(1) Alprazolam;
(2) Barbital;
(2.1) Bromazepam;
(2.2) Camazepam;
(2.3) Carisoprodol;
(3) Chloral Betaine;
(4) Chloral Hydrate;
(5) Chlordiazepoxide;
(5.1) Clobazam;
(6) Clonazepam;
(7) Clorazepate;

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(7.1) Clotiazepam;
(7.2) Cloxazolam;
(7.3) Delorazepam;
(8) Diazepam;
(8.05) Dichloralphenazone;
(8.1) Estazolam;
(9) Ethchlorvynol;
(10) Ethinamate;
(10.1) Ethyl loflazepate;
(10.2) Fludiazepam;
(10.3) Flunitrazepam;
(11) Flurazepam;
(11.1) Fospropofol;
(12) Halazepam;
(12.1) Haloxazolam;
(12.2) Ketazolam;
(12.3) Loprazolam;
(13) Lorazepam;
(13.1) Lormetazepam;
(14) Mebutamate;
(14.1) Medazepam;
(15) Meprobamate;
(16) Methohexital;
(17) Methylphenobarbital (Mephobarbital);
(17.1) Midazolam;
(17.2) Nimetazepam;

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(17.3) Nitrazepam;
(17.4) Nordiazepam;
(18) Oxazepam;
(18.1) Oxazolam;
(19) Paraldehyde;
(20) Petrichloral;
(21) Phenobarbital;
(21.1) Pinazepam;
(22) Prazepam;
(22.1) Quazepam;
(23) Temazepam;
(23.1) Tetrazepam;
(23.2) Tramadol;
(24) Triazolam;
(24.5) Zaleplon;
(25) Zolpidem;
(26) Zopiclone.
(d) Any material, compound, mixture, or preparation which
contains any quantity of the following substances, including
its salts, isomers (whether optical, position, or geometric),
and salts of such isomers, whenever the existence of such
salts, isomers and salts of isomers is possible:
(1) Fenfluramine.
(e) Unless specifically excepted or unless listed in
another schedule any material, compound, mixture, or
preparation which contains any quantity of the following

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substances having a stimulant effect on the central nervous
system, including its salts, isomers (whether optical,
position or geometric), and salts of such isomers whenever the
existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(1) Cathine ((+)-norpseudoephedrine);
(1.1) Diethylpropion;
(1.2) Fencamfamin;
(1.3) Fenproporex;
(2) Mazindol;
(2.1) Mefenorex;
(3) Phentermine;
(4) Pemoline (including organometallic complexes and
chelates thereof);
(5) Pipradrol;
(6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
(7) Modafinil;
(8) Sibutramine.
(f) Other Substances. Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substance, including its salts:
(1) Butorphanol (including its optical isomers).
(g) The Department may except by rule any compound,
mixture, or preparation containing any depressant substance
listed in subsection (b) from the application of all or any

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part of this Act if the compound, mixture, or preparation
contains one or more active medicinal ingredients not having a
depressant effect on the central nervous system, and if the
admixtures are included therein in combinations, quantity,
proportion, or concentration that vitiate the potential for
misuse abuse of the substances which have a depressant effect
on the central nervous system.
(h) Except as otherwise provided in Section 216, any
material, compound, mixture, or preparation that contains any
quantity of the following substance having a stimulant effect
on the central nervous system, including its salts,
enantiomers (optical isomers) and salts of enantiomers
(optical isomers):
(1) Ephedrine, its salts, optical isomers and salts of
optical isomers.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/211) (from Ch. 56 1/2, par. 1211)
Sec. 211. The Department, taking into consideration the
recommendations of its Prescription Monitoring Program
Advisory Committee, may issue a rule scheduling a substance in
Schedule V if it finds that:
(1) the substance has low potential for misuse abuse
relative to the controlled substances listed in Schedule
IV;
(2) the substance has currently accepted medical use

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in treatment in the United States; and
(3) misuse abuse of the substance may lead to limited
physiological dependence or psychological dependence
relative to the substances in Schedule IV, or the
substance is a targeted methamphetamine precursor as
defined in the Methamphetamine Precursor Control Act.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/216)
Sec. 216. Ephedrine.
(a) The following drug products containing ephedrine, its
salts, optical isomers and salts of optical isomers shall be
exempt from the application of Sections 312 and 313 of this Act
if they: (i) may lawfully be sold over-the-counter without a
prescription under the Federal Food, Drug, and Cosmetic Act;
(ii) are labeled and marketed in a manner consistent with
Section 341.76 of Title 21 of the Code of Federal Regulations;
(iii) are manufactured and distributed for legitimate
medicinal use in a manner that reduces or eliminates the
likelihood of abuse; and (iv) are not marketed, advertised, or
labeled for the indications of stimulation, mental alertness,
weight loss, muscle enhancement, appetite control, or energy:
(1) Solid oral dosage forms, including soft gelatin
caplets, which are formulated pursuant to 21 CFR 341 or
its successor, and packaged in blister packs of not more
than 2 tablets per blister.

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(2) Anorectal preparations containing not more than 5%
ephedrine.
(b) The marketing, advertising, or labeling of any product
containing ephedrine, a salt of ephedrine, an optical isomer
of ephedrine, or a salt of an optical isomer of ephedrine, for
the indications of stimulation, mental alertness, weight loss,
appetite control, or energy, is prohibited. In determining
compliance with this requirement the Department may consider
the following factors:
(1) The packaging of the drug product;
(2) The name and labeling of the product;
(3) The manner of distribution, advertising, and
promotion of the product;
(4) Verbal representations made concerning the
product;
(5) The duration, scope, and significance of abuse or
misuse of the particular product.
(c) A violation of this Section is a Class A misdemeanor. A
second or subsequent violation of this Section is a Class 4
felony.
(d) This Section does not apply to dietary supplements,
herbs, or other natural products, including concentrates or
extracts, which:
(1) are not otherwise prohibited by law; and
(2) may contain naturally occurring ephedrine,
ephedrine alkaloids, or pseudoephedrine, or their salts,

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isomers, or salts of isomers, or a combination of these
substances, that:
(i) are contained in a matrix of organic material;
and
(ii) do not exceed 15% of the total weight of the
natural product.
(e) Nothing in this Section limits the scope or terms of
the Methamphetamine Precursor Control Act.
(Source: P.A. 94-694, eff. 1-15-06.)
(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

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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

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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.
(a-10) Prescribers who issue a prescription for an opioid
shall inform the patient that opioids are addictive and that

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opioid antagonists are available by prescription or from a
pharmacy.
(b) In lieu of a written prescription required by this
Section, a pharmacist, in good faith, may dispense Schedule
III, IV, or V substances to any person either upon receiving a
facsimile of a written, signed prescription transmitted by the
prescriber or the prescriber's agent or upon a lawful oral
prescription of a prescriber which oral prescription shall be
reduced promptly to writing by the pharmacist and such written
memorandum thereof shall be dated on the day when such oral
prescription is received by the pharmacist and shall bear the
full name and address of the ultimate user for whom, or of the
owner of the animal for which the controlled substance is
dispensed, and the full name, address, and registry number
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

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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.
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.
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

SB0647 Engrossed - 60 - LRB103 03100 RJT 48106 b
she has not purchased any Schedule V controlled substances
within the immediately preceding 96 hours.
All records of purchases and sales shall be maintained for
not less than 2 years.
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.
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.
No person shall distribute or dispense butyl nitrite for

SB0647 Engrossed - 61 - LRB103 03100 RJT 48106 b
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

SB0647 Engrossed - 62 - LRB103 03100 RJT 48106 b
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

SB0647 Engrossed - 63 - LRB103 03100 RJT 48106 b
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

SB0647 Engrossed - 64 - LRB103 03100 RJT 48106 b
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

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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. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23.)
(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
Sec. 313. (a) Controlled substances which are lawfully
administered in hospitals or institutions licensed under the
Hospital Licensing Act shall be exempt from the requirements
of Sections 312, 315.6, and 316, except that the prescription
for the controlled substance shall be in writing on the
patient's record, signed by the prescriber, and dated, and
shall state the name and quantity of controlled substances
ordered and the quantity actually administered. The records of
such prescriptions shall be maintained for two years and shall
be available for inspection by officers and employees of the

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Illinois State Police and the Department of Financial and
Professional Regulation.
The exemption under this subsection (a) does not apply to
a prescription (including an outpatient prescription from an
emergency department or outpatient clinic) for more than a
72-hour supply of a discharge medication to be consumed
outside of the hospital or institution.
(b) Controlled substances that can lawfully be
administered or dispensed directly to a patient in a long-term
care facility licensed by the Department of Public Health as a
skilled nursing facility, intermediate care facility, or
long-term care facility for residents under 22 years of age,
are exempt from the requirements of Section 312 except that a
prescription for a Schedule II controlled substance must be
either a prescription signed by the prescriber or a
prescription transmitted by the prescriber or prescriber's
agent to the dispensing pharmacy by facsimile. The facsimile
serves as the original prescription and must be maintained for
2 years from the date of issue in the same manner as a written
prescription signed by the prescriber.
(c) A prescription that is generated for a Schedule II
controlled substance to be compounded for direct
administration to a patient in a private residence, long-term
care facility, or hospice program may be transmitted by
facsimile by the prescriber or the prescriber's agent to the
pharmacy providing the home infusion services. The facsimile

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serves as the original prescription for purposes of this
paragraph (c) and it shall be maintained in the same manner as
the original prescription.
(c-1) A prescription generated for a Schedule II
controlled substance for a patient residing in a hospice
certified by Medicare under Title XVIII of the Social Security
Act or licensed by the State may be transmitted by the
practitioner or the practitioner's agent to the dispensing
pharmacy by facsimile or electronically as provided in Section
311.5. The practitioner or practitioner's agent must note on
the prescription that the patient is a hospice patient. The
facsimile or electronic record serves as the original
prescription for purposes of this paragraph (c-1) and it shall
be maintained in the same manner as the original prescription.
(d) Controlled substances which are lawfully administered
and/or dispensed in substance use disorder drug abuse
treatment programs licensed by the Department shall be exempt
from the requirements of Sections 312 and 316, except that the
prescription for such controlled substances shall be issued
and authenticated on official prescription logs prepared and
maintained in accordance with 77 Ill. Adm. Code 2060:
Alcoholism and Substance Abuse Treatment and Intervention
Licenses, and in compliance with other applicable State and
federal laws. The Department-licensed drug treatment program
shall report applicable prescriptions via electronic record
keeping software approved by the Department. This software

SB0647 Engrossed - 68 - LRB103 03100 RJT 48106 b
must be compatible with the specifications of the Department.
Substance use disorder Drug abuse treatment programs shall
report to the Department methadone prescriptions or
medications dispensed through the use of Department-approved
File Transfer Protocols (FTPs). Methadone prescription records
must be maintained in accordance with the applicable
requirements as set forth by the Department in accordance with
77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse
Treatment and Intervention Licenses, and in compliance with
other applicable State and federal laws.
(e) Nothing in this Act shall be construed to limit the
authority of a hospital pursuant to Section 65-45 of the Nurse
Practice Act to grant hospital clinical privileges to an
individual advanced practice registered nurse to select, order
or administer medications, including controlled substances to
provide services within a hospital. Nothing in this Act shall
be construed to limit the authority of an ambulatory surgical
treatment center pursuant to Section 65-45 of the Nurse
Practice Act to grant ambulatory surgical treatment center
clinical privileges to an individual advanced practice
registered nurse to select, order or administer medications,
including controlled substances to provide services within an
ambulatory surgical treatment center.
(Source: P.A. 102-608, eff. 8-27-21.)
(720 ILCS 570/318)

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Sec. 318. Confidentiality of information.
(a) Information received by the central repository under
Section 316 and former Section 321 is confidential.
(a-1) To ensure the federal Health Insurance Portability
and Accountability Act and confidentiality of substance use
disorder patient records rules that mandate the privacy of an
individual's prescription data reported to the Prescription
Monitoring Program received from a retail dispenser under this
Act, and in order to execute the duties and responsibilities
under Section 316 of this Act and rules for disclosure under
this Section, the Clinical Director of the Prescription
Monitoring Program or his or her designee shall maintain
direct access to all Prescription Monitoring Program data. Any
request for Prescription Monitoring Program data from any
other department or agency must be approved in writing by the
Clinical Director of the Prescription Monitoring Program or
his or her designee unless otherwise permitted by law.
Prescription Monitoring Program data shall only be disclosed
as permitted by law.
(a-2) As an active step to address the current opioid
crisis in this State and to prevent and reduce substance use
disorders addiction resulting from a sports injury or an
accident, the Prescription Monitoring Program and the
Department of Public Health shall coordinate a continuous
review of the Prescription Monitoring Program and the
Department of Public Health data to determine if a patient may

SB0647 Engrossed - 70 - LRB103 03100 RJT 48106 b
be at risk of opioid use disorder addiction. Each patient
discharged from any medical facility with an International
Classification of Disease, 10th edition code related to a
sport or accident injury shall be subject to the data review.
If the discharged patient is dispensed a controlled substance,
the Prescription Monitoring Program shall alert the patient's
prescriber as to the addiction risk of developing a substance
use disorder and urge each to follow the Centers for Disease
Control and Prevention guidelines or his or her respective
profession's treatment guidelines related to the patient's
injury. This subsection (a-2), other than this sentence, is
inoperative on or after January 1, 2024.
(b) The Department must carry out a program to protect the
confidentiality of the information described in subsection
(a). The Department may disclose the information to another
person only under subsection (c), (d), or (f) and may charge a
fee not to exceed the actual cost of furnishing the
information.
(c) The Department may disclose confidential information
described in subsection (a) to any person who is engaged in
receiving, processing, or storing the information.
(d) The Department may release confidential information
described in subsection (a) to the following persons:
(1) A governing body that licenses practitioners and
is engaged in an investigation, an adjudication, or a
prosecution of a violation under any State or federal law

SB0647 Engrossed - 71 - LRB103 03100 RJT 48106 b
that involves a controlled substance.
(2) An investigator for the Consumer Protection
Division of the office of the Attorney General, a
prosecuting attorney, the Attorney General, a deputy
Attorney General, or an investigator from the office of
the Attorney General, who is engaged in any of the
following activities involving controlled substances:
(A) an investigation;
(B) an adjudication; or
(C) a prosecution of a violation under any State
or federal law that involves a controlled substance.
(3) A law enforcement officer who is:
(A) authorized by the Illinois State Police or the
office of a county sheriff or State's Attorney or
municipal police department of Illinois to receive
information of the type requested for the purpose of
investigations involving controlled substances; or
(B) approved by the Department to receive
information of the type requested for the purpose of
investigations involving controlled substances; and
(C) engaged in the investigation or prosecution of
a violation under any State or federal law that
involves a controlled substance.
(4) Select representatives of the Department of
Children and Family Services through the indirect online
request process. Access shall be established by an

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intergovernmental agreement between the Department of
Children and Family Services and the Department of Human
Services.
(e) Before the Department releases confidential
information under subsection (d), the applicant must
demonstrate in writing to the Department that:
(1) the applicant has reason to believe that a
violation under any State or federal law that involves a
controlled substance has occurred; and
(2) the requested information is reasonably related to
the investigation, adjudication, or prosecution of the
violation described in subdivision (1).
(f) The Department may receive and release prescription
record information under Section 316 and former Section 321
to:
(1) a governing body that licenses practitioners;
(2) an investigator for the Consumer Protection
Division of the office of the Attorney General, a
prosecuting attorney, the Attorney General, a deputy
Attorney General, or an investigator from the office of
the Attorney General;
(3) any Illinois law enforcement officer who is:
(A) authorized to receive the type of information
released; and
(B) approved by the Department to receive the type
of information released; or

SB0647 Engrossed - 73 - LRB103 03100 RJT 48106 b
(4) prescription monitoring entities in other states
per the provisions outlined in subsection (g) and (h)
below;
confidential prescription record information collected under
Sections 316 and 321 (now repealed) that identifies vendors or
practitioners, or both, who are prescribing or dispensing
large quantities of Schedule II, III, IV, or V controlled
substances outside the scope of their practice, pharmacy, or
business, as determined by the Advisory Committee created by
Section 320.
(f-5) In accordance with a confidentiality agreement
entered into with the Department, a medical director, or a
public health administrator and their delegated analysts, of a
county or municipal health department or the Department of
Public Health shall have access to data from the system for any
of the following purposes:
(1) developing education programs or public health
interventions relating to prescribing trends and
controlled substance use; or
(2) conducting analyses and publish reports on
prescribing trends in their respective jurisdictions.
At a minimum, the confidentiality agreement entered into
with the Department shall:
(i) prohibit analysis and reports produced under
subparagraph (2) from including information that
identifies, by name, license, or address, any

SB0647 Engrossed - 74 - LRB103 03100 RJT 48106 b
practitioner, dispenser, ultimate user, or other person
administering a controlled substance; and
(ii) specify the appropriate technical and physical
safeguards that the county or municipal health department
must implement to ensure the privacy and security of data
obtained from the system. The data from the system shall
not be admissible as evidence, nor discoverable in any
action of any kind in any court or before any tribunal,
board, agency, or person. The disclosure of any such
information or data, whether proper or improper, shall not
waive or have any effect upon its confidentiality,
non-discoverability, or non-admissibility.
(g) The information described in subsection (f) may not be
released until it has been reviewed by an employee of the
Department who is licensed as a prescriber or a dispenser and
until that employee has certified that further investigation
is warranted. However, failure to comply with this subsection
(g) does not invalidate the use of any evidence that is
otherwise admissible in a proceeding described in subsection
(h).
(h) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), or (f) may
disclose the information to a law enforcement officer or an
attorney for the office of the Attorney General for use as
evidence in the following:
(1) A proceeding under any State or federal law that

SB0647 Engrossed - 75 - LRB103 03100 RJT 48106 b
involves a controlled substance.
(2) A criminal proceeding or a proceeding in juvenile
court that involves a controlled substance.
(i) The Department may compile statistical reports from
the information described in subsection (a). The reports must
not include information that identifies, by name, license or
address, any practitioner, dispenser, ultimate user, or other
person administering a controlled substance.
(j) Based upon federal, initial and maintenance funding, a
prescriber and dispenser inquiry system shall be developed to
assist the health care community in its goal of effective
clinical practice and to prevent patients from diverting or
abusing medications.
(1) An inquirer shall have read-only access to a
stand-alone database which shall contain records for the
previous 12 months.
(2) Dispensers may, upon positive and secure
identification, make an inquiry on a patient or customer
solely for a medical purpose as delineated within the
federal HIPAA law.
(3) The Department shall provide a one-to-one secure
link and encrypted software necessary to establish the
link between an inquirer and the Department. Technical
assistance shall also be provided.
(4) Written inquiries are acceptable but must include
the fee and the requester's Drug Enforcement

SB0647 Engrossed - 76 - LRB103 03100 RJT 48106 b
Administration license number and submitted upon the
requester's business stationery.
(5) As directed by the Prescription Monitoring Program
Advisory Committee and the Clinical Director for the
Prescription Monitoring Program, aggregate data that does
not indicate any prescriber, practitioner, dispenser, or
patient may be used for clinical studies.
(6) Tracking analysis shall be established and used
per administrative rule.
(7) Nothing in this Act or Illinois law shall be
construed to require a prescriber or dispenser to make use
of this inquiry system.
(8) If there is an adverse outcome because of a
prescriber or dispenser making an inquiry, which is
initiated in good faith, the prescriber or dispenser shall
be held harmless from any civil liability.
(k) The Department shall establish, by rule, the process
by which to evaluate possible erroneous association of
prescriptions to any licensed prescriber or end user of the
Illinois Prescription Information Library (PIL).
(l) The Prescription Monitoring Program Advisory Committee
is authorized to evaluate the need for and method of
establishing a patient specific identifier.
(m) Patients who identify prescriptions attributed to them
that were not obtained by them shall be given access to their
personal prescription history pursuant to the validation

SB0647 Engrossed - 77 - LRB103 03100 RJT 48106 b
process as set forth by administrative rule.
(n) The Prescription Monitoring Program is authorized to
develop operational push reports to entities with compatible
electronic medical records. The process shall be covered
within administrative rule established by the Department.
(o) Hospital emergency departments and freestanding
healthcare facilities providing healthcare to walk-in patients
may obtain, for the purpose of improving patient care, a
unique identifier for each shift to utilize the PIL system.
(p) The Prescription Monitoring Program shall
automatically create a log-in to the inquiry system when a
prescriber or dispenser obtains or renews his or her
controlled substance license. The Department of Financial and
Professional Regulation must provide the Prescription
Monitoring Program with electronic access to the license
information of a prescriber or dispenser to facilitate the
creation of this profile. The Prescription Monitoring Program
shall send the prescriber or dispenser information regarding
the inquiry system, including instructions on how to log into
the system, instructions on how to use the system to promote
effective clinical practice, and opportunities for continuing
education for the prescribing of controlled substances. The
Prescription Monitoring Program shall also send to all
enrolled prescribers, dispensers, and designees information
regarding the unsolicited reports produced pursuant to Section
314.5 of this Act.

SB0647 Engrossed - 78 - LRB103 03100 RJT 48106 b
(q) A prescriber or dispenser may authorize a designee to
consult the inquiry system established by the Department under
this subsection on his or her behalf, provided that all the
following conditions are met:
(1) the designee so authorized is employed by the same
hospital or health care system; is employed by the same
professional practice; or is under contract with such
practice, hospital, or health care system;
(2) the prescriber or dispenser takes reasonable steps
to ensure that such designee is sufficiently competent in
the use of the inquiry system;
(3) the prescriber or dispenser remains responsible
for ensuring that access to the inquiry system by the
designee is limited to authorized purposes and occurs in a
manner that protects the confidentiality of the
information obtained from the inquiry system, and remains
responsible for any breach of confidentiality; and
(4) the ultimate decision as to whether or not to
prescribe or dispense a controlled substance remains with
the prescriber or dispenser.
The Prescription Monitoring Program shall send to
registered designees information regarding the inquiry system,
including instructions on how to log onto the system.
(r) The Prescription Monitoring Program shall maintain an
Internet website in conjunction with its prescriber and
dispenser inquiry system. This website shall include, at a

SB0647 Engrossed - 79 - LRB103 03100 RJT 48106 b
minimum, the following information:
(1) current clinical guidelines developed by health
care professional organizations on the prescribing of
opioids or other controlled substances as determined by
the Advisory Committee;
(2) accredited continuing education programs related
to prescribing of controlled substances;
(3) programs or information developed by health care
professionals that may be used to assess patients or help
ensure compliance with prescriptions;
(4) updates from the Food and Drug Administration, the
Centers for Disease Control and Prevention, and other
public and private organizations which are relevant to
prescribing;
(5) relevant medical studies related to prescribing;
(6) other information regarding the prescription of
controlled substances; and
(7) information regarding prescription drug disposal
events, including take-back programs or other disposal
options or events.
The content of the Internet website shall be periodically
reviewed by the Prescription Monitoring Program Advisory
Committee as set forth in Section 320 and updated in
accordance with the recommendation of the advisory committee.
(s) The Prescription Monitoring Program shall regularly
send electronic updates to the registered users of the

SB0647 Engrossed - 80 - LRB103 03100 RJT 48106 b
Program. The Prescription Monitoring Program Advisory
Committee shall review any communications sent to registered
users and also make recommendations for communications as set
forth in Section 320. These updates shall include the
following information:
(1) opportunities for accredited continuing education
programs related to prescribing of controlled substances;
(2) current clinical guidelines developed by health
care professional organizations on the prescribing of
opioids or other drugs as determined by the Advisory
Committee;
(3) programs or information developed by health care
professionals that may be used to assess patients or help
ensure compliance with prescriptions;
(4) updates from the Food and Drug Administration, the
Centers for Disease Control and Prevention, and other
public and private organizations which are relevant to
prescribing;
(5) relevant medical studies related to prescribing;
(6) other information regarding prescribing of
controlled substances;
(7) information regarding prescription drug disposal
events, including take-back programs or other disposal
options or events; and
(8) reminders that the Prescription Monitoring Program
is a useful clinical tool.

SB0647 Engrossed - 81 - LRB103 03100 RJT 48106 b
(t) Notwithstanding any other provision of this Act,
neither the Prescription Monitoring Program nor any other
person shall disclose any information in violation of the
restrictions and requirements of paragraph (3.5) of subsection
(a) of Section 316 as implemented under Public Act 102-527.
(Source: P.A. 102-751, eff. 1-1-23.)
(720 ILCS 570/320)
Sec. 320. Advisory committee.
(a) There is created a Prescription Monitoring Program
Advisory Committee to assist the Department of Human Services
and Department of Public Health in implementing the
Prescription Monitoring Program created by this Article and to
advise the Department on the professional performance of
prescribers and dispensers and other matters germane to the
advisory committee's field of competence.
(b) The Prescription Monitoring Program Advisory Committee
shall consist of 15 members appointed by the Clinical Director
of the Prescription Monitoring Program composed of prescribers
and dispensers licensed to practice medicine in his or her
respective profession as follows: one family or primary care
physician; one pain specialist physician; 4 other physicians,
one of whom may be an ophthalmologist; 2 advanced practice
registered nurses; one physician assistant; one optometrist;
one dentist; one clinical representative from a statewide
organization representing hospitals; and 3 pharmacists. The

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Advisory Committee members serving on August 26, 2018 (the
effective date of Public Act 100-1093) shall continue to serve
until January 1, 2019. Prescriber and dispenser nominations
for membership on the Committee shall be submitted by their
respective professional associations. If there are more
nominees than membership positions for a prescriber or
dispenser category, as provided in this subsection (b), the
Clinical Director of the Prescription Monitoring Program shall
appoint a member or members for each profession as provided in
this subsection (b), from the nominations to serve on the
advisory committee. At the first meeting of the Committee in
2019 members shall draw lots for initial terms and 6 members
shall serve 3 years, 5 members shall serve 2 years, and 5
members shall serve one year. Thereafter, members shall serve
3-year terms. Members may serve more than one term but no more
than 3 terms. The Clinical Director of the Prescription
Monitoring Program may appoint a representative of an
organization representing a profession required to be
appointed. The Clinical Director of the Prescription
Monitoring Program shall serve as the Secretary of the
committee.
(c) The advisory committee may appoint a chairperson and
other officers as it deems appropriate.
(d) The members of the advisory committee shall receive no
compensation for their services as members of the advisory
committee, unless appropriated by the General Assembly, but

SB0647 Engrossed - 83 - LRB103 03100 RJT 48106 b
may be reimbursed for their actual expenses incurred in
serving on the advisory committee.
(e) The advisory committee shall:
(1) provide a uniform approach to reviewing this Act
in order to determine whether changes should be
recommended to the General Assembly;
(2) review current drug schedules in order to manage
changes to the administrative rules pertaining to the
utilization of this Act;
(3) review the following: current clinical guidelines
developed by health care professional organizations on the
prescribing of opioids or other controlled substances;
accredited continuing education programs related to
prescribing and dispensing; programs or information
developed by health care professional organizations that
may be used to assess patients or help ensure compliance
with prescriptions; updates from the Food and Drug
Administration, the Centers for Disease Control and
Prevention, and other public and private organizations
which are relevant to prescribing and dispensing; relevant
medical studies; and other publications which involve the
prescription of controlled substances;
(4) make recommendations for inclusion of these
materials or other studies which may be effective
resources for prescribers and dispensers on the Internet
website of the inquiry system established under Section

SB0647 Engrossed - 84 - LRB103 03100 RJT 48106 b
318;
(5) semi-annually review the content of the Internet
website of the inquiry system established pursuant to
Section 318 to ensure this Internet website has the most
current available information;
(6) semi-annually review opportunities for federal
grants and other forms of funding to support projects
which will increase the number of pilot programs which
integrate the inquiry system with electronic health
records; and
(7) semi-annually review communication to be sent to
all registered users of the inquiry system established
pursuant to Section 318, including recommendations for
relevant accredited continuing education and information
regarding prescribing and dispensing.
(f) The Advisory Committee shall select from its members
10 members of the Peer Review Committee composed of:
(1) 3 physicians;
(2) 3 pharmacists;
(3) one dentist;
(4) one advanced practice registered nurse;
(4.5) (blank);
(5) one physician assistant; and
(6) one optometrist.
The purpose of the Peer Review Committee is to establish a
formal peer review of professional performance of prescribers

SB0647 Engrossed - 85 - LRB103 03100 RJT 48106 b
and dispensers. The deliberations, information, and
communications of the Peer Review Committee are privileged and
confidential and shall not be disclosed in any manner except
in accordance with current law.
(1) The Peer Review Committee shall periodically
review the data contained within the prescription
monitoring program to identify those prescribers or
dispensers who may be prescribing or dispensing outside
the currently accepted standard and practice of their
profession. The Peer Review Committee member, whose
profession is the same as the prescriber or dispenser
being reviewed, shall prepare a preliminary report and
recommendation for any non-action or action. The
Prescription Monitoring Program Clinical Director and
staff shall provide the necessary assistance and data as
required.
(2) The Peer Review Committee may identify prescribers
or dispensers who may be prescribing outside the currently
accepted medical standards in the course of their
professional practice and send the identified prescriber
or dispenser a request for information regarding their
prescribing or dispensing practices. This request for
information shall be sent via certified mail, return
receipt requested. A prescriber or dispenser shall have 30
days to respond to the request for information.
(3) The Peer Review Committee shall refer a prescriber

SB0647 Engrossed - 86 - LRB103 03100 RJT 48106 b
or a dispenser to the Department of Financial and
Professional Regulation in the following situations:
(i) if a prescriber or dispenser does not respond
to three successive requests for information;
(ii) in the opinion of a majority of members of the
Peer Review Committee, the prescriber or dispenser
does not have a satisfactory explanation for the
practices identified by the Peer Review Committee in
its request for information; or
(iii) following communications with the Peer
Review Committee, the prescriber or dispenser does not
sufficiently rectify the practices identified in the
request for information in the opinion of a majority
of the members of the Peer Review Committee.
(4) The Department of Financial and Professional
Regulation may initiate an investigation and discipline in
accordance with current laws and rules for any prescriber
or dispenser referred by the Peer Review Committee.
(5) The Peer Review Committee shall prepare an annual
report starting on July 1, 2017. This report shall contain
the following information: the number of times the Peer
Review Committee was convened; the number of prescribers
or dispensers who were reviewed by the Peer Review
Committee; the number of requests for information sent out
by the Peer Review Committee; and the number of
prescribers or dispensers referred to the Department of

SB0647 Engrossed - 87 - LRB103 03100 RJT 48106 b
Financial and Professional Regulation. The annual report
shall be delivered electronically to the Department and to
the General Assembly. The report to the General Assembly
shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate in
electronic form only, in the manner that the Clerk and the
Secretary shall direct. The report prepared by the Peer
Review Committee shall not identify any prescriber,
dispenser, or patient.
(Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18;
100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff.
8-16-19.)
(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
Sec. 410. (a) Whenever any person who has not previously
been convicted of any felony offense under this Act or any law
of the United States or of any State relating to cannabis or
controlled substances, pleads guilty to or is found guilty of
possession of a controlled or counterfeit substance under
subsection (c) of Section 402 or of unauthorized possession of
prescription form under Section 406.2, the court, without
entering a judgment and with the consent of such person, may
sentence him or her to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the

SB0647 Engrossed - 88 - LRB103 03100 RJT 48106 b
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possessing a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board. The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d) The court may, in addition to other conditions,
require that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;

SB0647 Engrossed - 89 - LRB103 03100 RJT 48106 b
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his or her dependents;
(6-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(7) and in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home
or in a foster home.
(e) Upon violation of a term or condition of probation,
the court may enter a judgment on its original finding of guilt
and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss
the proceedings against him or her.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal

SB0647 Engrossed - 90 - LRB103 03100 RJT 48106 b
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed
by law upon conviction of a crime.
(h) A person may not have more than one discharge and
dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act within 5 years subsequent to a
discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as evidence in
aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment
Act. The drug court team shall evaluate the person's
likelihood of successfully completing a sentence of probation
under this Section and shall report the results of its
evaluation to the court. If the drug court team finds that the
person suffers from a substance use disorder abuse problem
that makes him or her substantially unlikely to successfully
complete a sentence of probation under this Section, then the
drug court shall set forth its findings in the form of a
written order, and the person shall not be sentenced to
probation under this Section, but shall be considered for the

SB0647 Engrossed - 91 - LRB103 03100 RJT 48106 b
drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
100-575, eff. 1-8-18.)
(720 ILCS 570/411.2)
Sec. 411.2. Drug Treatment Fund; drug treatment grants.
(a) (Blank).
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) The Drug Treatment Fund is hereby established as a
special fund within the State Treasury. The Department of
Human Services may make grants to persons licensed under
Section 15-10 of the Substance Use Disorder Act or to
municipalities or counties from funds appropriated to the
Department from the Drug Treatment Fund for the treatment of
pregnant women who have a substance use disorder are addicted
to alcohol, cannabis, or controlled substances and for the
needed care of minor, unemancipated children of women
undergoing residential drug treatment. If the Department of
Human Services grants funds to a municipality or a county that
the Department determines is not experiencing a healthcare
need of problem with pregnant women with a substance use

SB0647 Engrossed - 92 - LRB103 03100 RJT 48106 b
disorder addicted to alcohol, cannabis, or controlled
substances, or with care for minor, unemancipated children of
women undergoing residential drug treatment, or intervention,
the funds shall be used for the treatment of any person with a
substance use disorder addicted to alcohol, cannabis, or
controlled substances. The Department may adopt such rules as
it deems appropriate for the administration of such grants.
(i) (Blank).
(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19;
101-81, eff. 7-12-19.)
(720 ILCS 570/413) (from Ch. 56 1/2, par. 1413)
Sec. 413. (a) Twelve and one-half percent of all amounts
collected as fines pursuant to the provisions of this Article
shall be paid into the Youth Drug Abuse Prevention Fund, which
is hereby created in the State treasury, to be used by the
Department for the funding of programs and services for
substance use disorder drug-abuse treatment, and prevention
and education services, for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of
all fines received under the provisions of this Article shall
be transmitted to and deposited in the treasurer's office at
the level of government as follows:
(1) If such seizure was made by a combination of law
enforcement personnel representing differing units of
local government, the court levying the fine shall

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equitably allocate 50% of the fine among these units of
local government and shall allocate 37 1/2% to the county
general corporate fund. In the event that the seizure was
made by law enforcement personnel representing a unit of
local government from a municipality where the number of
inhabitants exceeds 2 million in population, the court
levying the fine shall allocate 87 1/2% of the fine to that
unit of local government. If the seizure was made by a
combination of law enforcement personnel representing
differing units of local government, and at least one of
those units represents a municipality where the number of
inhabitants exceeds 2 million in population, the court
shall equitably allocate 87 1/2% of the proceeds of the
fines received among the differing units of local
government.
(2) If such seizure was made by State law enforcement
personnel, then the court shall allocate 37 1/2% to the
State treasury and 50% to the county general corporate
fund.
(3) If a State law enforcement agency in combination
with a law enforcement agency or agencies of a unit or
units of local government conducted the seizure, the court
shall equitably allocate 37 1/2% of the fines to or among
the law enforcement agency or agencies of the unit or
units of local government which conducted the seizure and
shall allocate 50% to the county general corporate fund.

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(c) The proceeds of all fines allocated to the law
enforcement agency or agencies of the unit or units of local
government pursuant to subsection (b) shall be made available
to that law enforcement agency as expendable receipts for use
in the enforcement of laws regulating cannabis,
methamphetamine, and other controlled substances. The proceeds
of fines awarded to the State treasury shall be deposited in a
special fund known as the Drug Traffic Prevention Fund, except
that amounts distributed to the Secretary of State shall be
deposited into the Secretary of State Evidence Fund to be used
as provided in Section 2-115 of the Illinois Vehicle Code.
Monies from this fund may be used by the Illinois State Police
or use in the enforcement of laws regulating cannabis,
methamphetamine, and other controlled substances; to satisfy
funding provisions of the Intergovernmental Drug Laws
Enforcement Act; to defray costs and expenses associated with
returning violators of the Cannabis Control Act and this Act
only, as provided in those Acts, when punishment of the crime
shall be confinement of the criminal in the penitentiary; and
all other monies shall be paid into the general revenue fund in
the State treasury.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/504) (from Ch. 56 1/2, par. 1504)
Sec. 504. (a) The Director and the Secretary of the
Department of Financial and Professional Regulation shall each

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cooperate with Federal agencies and other State agencies in
discharging his or her responsibilities concerning traffic in
controlled substances and in suppressing the misuse and abuse
of controlled substances. To this end he or she may:
(1) arrange for the exchange of information among
governmental officials concerning the use and misuse ,
misuse and abuse of controlled substances;
(2) coordinate and cooperate in training programs
concerning controlled substance law enforcement at local
and State levels;
(3) cooperate with the federal Drug Enforcement
Administration or its successor agency; and
(4) conduct programs of eradication aimed at
destroying wild illicit growth of plant species from which
controlled substances may be extracted.
(b) Results, information, and evidence received from the
Drug Enforcement Administration relating to the regulatory
functions of this Act, including results of inspections
conducted by it may be relied and acted upon by the Director
and the Secretary of the Department of Financial and
Professional Regulation in the exercise of their regulatory
functions under this Act.
(Source: P.A. 97-334, eff. 1-1-12.)
(720 ILCS 570/508) (from Ch. 56 1/2, par. 1508)
Sec. 508. (a) The Department shall encourage research on

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controlled substances. In connection with the research, and in
furtherance of the purposes of this Act, the Department may:
(1) establish methods to assess accurately the effect
of controlled substances and identify and characterize
those with potential for misuse abuse;
(2) make studies and undertake programs of research
to:
(i) develop new or improved approaches,
techniques, systems, equipment and devices to
strengthen the enforcement of this Act;
(ii) determine patterns of use and misuse , misuse,
and abuse of controlled substances and their social
effects; and
(iii) improve methods for preventing, predicting,
understanding, and dealing with the use and misuse ,
misuse and abuse of controlled substances; and
(3) enter into contracts with public agencies,
educational institutions, and private organizations or
individuals for the purpose of conducting research,
demonstrations, or special projects which relate to the
use and misuse , misuse and abuse of controlled substances.
(b) Persons authorized to engage in research may be
authorized by the Department to protect the privacy of
individuals who are the subjects of such research by
withholding from all persons not connected with the conduct of
the research the names and other identifying characteristics

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of such individuals. Persons who are given this authorization
shall not be compelled in any civil, criminal, administrative,
legislative or other proceeding to identify the individuals
who are the subjects of research for which the authorization
was granted, except to the extent necessary to permit the
Department to determine whether the research is being
conducted in accordance with the authorization.
(c) The Department may authorize the possession and
dispensing of controlled substances by persons engaged in
research, upon such terms and conditions as may be consistent
with the public health and safety. The Department may also
approve research and treatment programs involving the
administration of Methadone. The use of Methadone, or any
similar controlled substance by any person is prohibited in
this State except as approved and authorized by the Department
in accordance with its rules and regulations. To the extent of
the applicable authorization, persons are exempt from
prosecution in this State for possession, manufacture or
delivery of controlled substances.
(d) Practitioners registered under Federal law to conduct
research with Schedule I substances may conduct research with
Schedule I substances within this State upon furnishing
evidence of that Federal registration and notification of the
scope and purpose of such research to the Department.
(Source: P.A. 96-328, eff. 8-11-09.)

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(720 ILCS 570/509) (from Ch. 56 1/2, par. 1509)
Sec. 509. Whenever any court in this State grants
probation to any person that the court has reason to believe is
or has a substance use disorder been an addict or unlawful
possessor of controlled substances, the court shall require,
as a condition of probation, that the probationer submit to
periodic tests by the Department of Corrections to determine
by means of appropriate chemical detection tests whether the
probationer is using controlled substances. The court may
require as a condition of probation that the probationer enter
an approved treatment program, if the court determines that
the probationer has a substance use disorder of is addicted to
a controlled substance. Whenever the Prisoner Review Board
grants parole or the Department of Juvenile Justice grants
aftercare release to a person believed to have been an
unlawful possessor or person with a substance use disorder
addict of controlled substances, the Board or Department shall
require as a condition of parole or aftercare release that the
parolee or aftercare releasee submit to appropriate periodic
chemical tests by the Department of Corrections or the
Department of Juvenile Justice to determine whether the
parolee or aftercare releasee is using controlled substances.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)