Bill Text: IL SB2011 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Controlled Substances Act. Provides that a registered pharmacist filling a prescription for an opioid substance listed in Schedule II may dispense the prescribed substance in a lesser quantity than the recommended full quantity indicated on the prescription if requested by the patient provided that the prescription complies with the requirements of the Act. Provides that the remaining quantity in excess of the quantity requested by the patient shall be void. Provides that if the dispensed quantity is less than the recommended full quantity, the pharmacist or his or her designee shall, within a reasonable time following a reduction in quantity but not more than 7 days, notify the prescribing practitioner of the quantity actually dispensed. Provides that nothing in this provision shall be interpreted to conflict with or supersede any other requirement established in the Act for a prescription of an opiate substance or any requirements or conditions for drug substitutions established in the Act. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2017-08-04 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2011 Detail]

Download: Illinois-2017-SB2011-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2011

Introduced 2/10/2017, by Sen. Tim Bivins

SYNOPSIS AS INTRODUCED:
720 ILCS 570/312 from Ch. 56 1/2, par. 1312

Amends the Illinois Controlled Substances Act. Provides that a registered pharmacist filling a prescription for an opioid substance listed in Schedule II may dispense the prescribed substance in a lesser quantity than the recommended full quantity indicated on the prescription if requested by the patient provided that the prescription complies with the requirements of the Act. Provides that the remaining quantity in excess of the quantity requested by the patient shall be void. Provides that if the dispensed quantity is less than the recommended full quantity, the pharmacist or his or her designee shall, within a reasonable time following a reduction in quantity but not more than 7 days, notify the prescribing practitioner of the quantity actually dispensed. Provides that nothing in this provision shall be interpreted to conflict with or supersede any other requirement established in the Act for a prescription of an opiate substance or any requirements or conditions for drug substitutions established in the Act. Effective immediately.
LRB100 11065 RLC 21306 b

A BILL FOR

SB2011LRB100 11065 RLC 21306 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 312 as follows:
6 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
7 Sec. 312. Requirements for dispensing controlled
8substances.
9 (a) A practitioner, in good faith, may dispense a Schedule
10II controlled substance, which is a narcotic drug listed in
11Section 206 of this Act; or which contains any quantity of
12amphetamine or methamphetamine, their salts, optical isomers
13or salts of optical isomers; phenmetrazine and its salts; or
14pentazocine; and Schedule III, IV, or V controlled substances
15to any person upon a written or electronic prescription of any
16prescriber, dated and signed by the person prescribing (or
17electronically validated in compliance with Section 311.5) on
18the day when issued and bearing the name and address of the
19patient for whom, or the owner of the animal for which the
20controlled substance is dispensed, and the full name, address
21and registry number under the laws of the United States
22relating to controlled substances of the prescriber, if he or
23she is required by those laws to be registered. If the

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1prescription is for an animal it shall state the species of
2animal for which it is ordered. The practitioner filling the
3prescription shall, unless otherwise permitted, write the date
4of filling and his or her own signature on the face of the
5written prescription or, alternatively, shall indicate such
6filling using a unique identifier as defined in paragraph (v)
7of Section 3 of the Pharmacy Practice Act. The written
8prescription shall be retained on file by the practitioner who
9filled it or pharmacy in which the prescription was filled for
10a period of 2 years, so as to be readily accessible for
11inspection or removal by any officer or employee engaged in the
12enforcement of this Act. Whenever the practitioner's or
13pharmacy's copy of any prescription is removed by an officer or
14employee engaged in the enforcement of this Act, for the
15purpose of investigation or as evidence, such officer or
16employee shall give to the practitioner or pharmacy a receipt
17in lieu thereof. If the specific prescription is machine or
18computer generated and printed at the prescriber's office, the
19date does not need to be handwritten. A prescription for a
20Schedule II controlled substance shall not be issued for more
21than a 30 day supply, except as provided in subsection (a-5),
22and shall be valid for up to 90 days after the date of
23issuance. A written prescription for Schedule III, IV or V
24controlled substances shall not be filled or refilled more than
256 months after the date thereof or refilled more than 5 times
26unless renewed, in writing, by the prescriber. A pharmacy shall

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1maintain a policy regarding the type of identification
2necessary, if any, to receive a prescription in accordance with
3State and federal law. The pharmacy must post such information
4where prescriptions are filled.
5 (a-5) Physicians may issue multiple prescriptions (3
6sequential 30-day supplies) for the same Schedule II controlled
7substance, authorizing up to a 90-day supply. Before
8authorizing a 90-day supply of a Schedule II controlled
9substance, the physician must meet the following conditions:
10 (1) Each separate prescription must be issued for a
11 legitimate medical purpose by an individual physician
12 acting in the usual course of professional practice.
13 (2) The individual physician must provide written
14 instructions on each prescription (other than the first
15 prescription, if the prescribing physician intends for the
16 prescription to be filled immediately) indicating the
17 earliest date on which a pharmacy may fill that
18 prescription.
19 (3) The physician shall document in the medical record
20 of a patient the medical necessity for the amount and
21 duration of the 3 sequential 30-day prescriptions for
22 Schedule II narcotics.
23 (b) In lieu of a written prescription required by this
24Section, a pharmacist, in good faith, may dispense Schedule
25III, IV, or V substances to any person either upon receiving a
26facsimile of a written, signed prescription transmitted by the

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1prescriber or the prescriber's agent or upon a lawful oral
2prescription of a prescriber which oral prescription shall be
3reduced promptly to writing by the pharmacist and such written
4memorandum thereof shall be dated on the day when such oral
5prescription is received by the pharmacist and shall bear the
6full name and address of the ultimate user for whom, or of the
7owner of the animal for which the controlled substance is
8dispensed, and the full name, address, and registry number
9under the law of the United States relating to controlled
10substances of the prescriber prescribing if he or she is
11required by those laws to be so registered, and the pharmacist
12filling such oral prescription shall write the date of filling
13and his or her own signature on the face of such written
14memorandum thereof. The facsimile copy of the prescription or
15written memorandum of the oral prescription shall be retained
16on file by the proprietor of the pharmacy in which it is filled
17for a period of not less than two years, so as to be readily
18accessible for inspection by any officer or employee engaged in
19the enforcement of this Act in the same manner as a written
20prescription. The facsimile copy of the prescription or oral
21prescription and the written memorandum thereof shall not be
22filled or refilled more than 6 months after the date thereof or
23be refilled more than 5 times, unless renewed, in writing, by
24the prescriber.
25 (c) Except for any non-prescription targeted
26methamphetamine precursor regulated by the Methamphetamine

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1Precursor Control Act, a controlled substance included in
2Schedule V shall not be distributed or dispensed other than for
3a medical purpose and not for the purpose of evading this Act,
4and then:
5 (1) only personally by a person registered to dispense
6 a Schedule V controlled substance and then only to his or
7 her patients, or
8 (2) only personally by a pharmacist, and then only to a
9 person over 21 years of age who has identified himself or
10 herself to the pharmacist by means of 2 positive documents
11 of identification.
12 (3) the dispenser shall record the name and address of
13 the purchaser, the name and quantity of the product, the
14 date and time of the sale, and the dispenser's signature.
15 (4) no person shall purchase or be dispensed more than
16 120 milliliters or more than 120 grams of any Schedule V
17 substance which contains codeine, dihydrocodeine, or any
18 salts thereof, or ethylmorphine, or any salts thereof, in
19 any 96 hour period. The purchaser shall sign a form,
20 approved by the Department of Financial and Professional
21 Regulation, attesting that he or she has not purchased any
22 Schedule V controlled substances within the immediately
23 preceding 96 hours.
24 (5) (Blank).
25 (6) all records of purchases and sales shall be
26 maintained for not less than 2 years.

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1 (7) no person shall obtain or attempt to obtain within
2 any consecutive 96 hour period any Schedule V substances of
3 more than 120 milliliters or more than 120 grams containing
4 codeine, dihydrocodeine or any of its salts, or
5 ethylmorphine or any of its salts. Any person obtaining any
6 such preparations or combination of preparations in excess
7 of this limitation shall be in unlawful possession of such
8 controlled substance.
9 (8) a person qualified to dispense controlled
10 substances under this Act and registered thereunder shall
11 at no time maintain or keep in stock a quantity of Schedule
12 V controlled substances in excess of 4.5 liters for each
13 substance; a pharmacy shall at no time maintain or keep in
14 stock a quantity of Schedule V controlled substances as
15 defined in excess of 4.5 liters for each substance, plus
16 the additional quantity of controlled substances necessary
17 to fill the largest number of prescription orders filled by
18 that pharmacy for such controlled substances in any one
19 week in the previous year. These limitations shall not
20 apply to Schedule V controlled substances which Federal law
21 prohibits from being dispensed without a prescription.
22 (9) no person shall distribute or dispense butyl
23 nitrite for inhalation or other introduction into the human
24 body for euphoric or physical effect.
25 (d) Every practitioner shall keep a record or log of
26controlled substances received by him or her and a record of

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1all such controlled substances administered, dispensed or
2professionally used by him or her otherwise than by
3prescription. It shall, however, be sufficient compliance with
4this paragraph if any practitioner utilizing controlled
5substances listed in Schedules III, IV and V shall keep a
6record of all those substances dispensed and distributed by him
7or her other than those controlled substances which are
8administered by the direct application of a controlled
9substance, whether by injection, inhalation, ingestion, or any
10other means to the body of a patient or research subject. A
11practitioner who dispenses, other than by administering, a
12controlled substance in Schedule II, which is a narcotic drug
13listed in Section 206 of this Act, or which contains any
14quantity of amphetamine or methamphetamine, their salts,
15optical isomers or salts of optical isomers, pentazocine, or
16methaqualone shall do so only upon the issuance of a written
17prescription blank or electronic prescription issued by a
18prescriber.
19 (e) Whenever a manufacturer distributes a controlled
20substance in a package prepared by him or her, and whenever a
21wholesale distributor distributes a controlled substance in a
22package prepared by him or her or the manufacturer, he or she
23shall securely affix to each package in which that substance is
24contained a label showing in legible English the name and
25address of the manufacturer, the distributor and the quantity,
26kind and form of controlled substance contained therein. No

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1person except a pharmacist and only for the purposes of filling
2a prescription under this Act, shall alter, deface or remove
3any label so affixed.
4 (f) Whenever a practitioner dispenses any controlled
5substance except a non-prescription Schedule V product or a
6non-prescription targeted methamphetamine precursor regulated
7by the Methamphetamine Precursor Control Act, he or she shall
8affix to the container in which such substance is sold or
9dispensed, a label indicating the date of initial filling, the
10practitioner's name and address, the name of the patient, the
11name of the prescriber, the directions for use and cautionary
12statements, if any, contained in any prescription or required
13by law, the proprietary name or names or the established name
14of the controlled substance, and the dosage and quantity,
15except as otherwise authorized by regulation by the Department
16of Financial and Professional Regulation. No person shall
17alter, deface or remove any label so affixed as long as the
18specific medication remains in the container.
19 (g) A person to whom or for whose use any controlled
20substance has been prescribed or dispensed by a practitioner,
21or other persons authorized under this Act, and the owner of
22any animal for which such substance has been prescribed or
23dispensed by a veterinarian, may lawfully possess such
24substance only in the container in which it was delivered to
25him or her by the person dispensing such substance.
26 (h) The responsibility for the proper prescribing or

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1dispensing of controlled substances that are under the
2prescriber's direct control is upon the prescriber. The
3responsibility for the proper filling of a prescription for
4controlled substance drugs rests with the pharmacist. An order
5purporting to be a prescription issued to any individual, which
6is not in the regular course of professional treatment nor part
7of an authorized methadone maintenance program, nor in
8legitimate and authorized research instituted by any
9accredited hospital, educational institution, charitable
10foundation, or federal, state or local governmental agency, and
11which is intended to provide that individual with controlled
12substances sufficient to maintain that individual's or any
13other individual's physical or psychological addiction,
14habitual or customary use, dependence, or diversion of that
15controlled substance is not a prescription within the meaning
16and intent of this Act; and the person issuing it, shall be
17subject to the penalties provided for violations of the law
18relating to controlled substances.
19 (i) A prescriber shall not pre-print or cause to be
20pre-printed a prescription for any controlled substance; nor
21shall any practitioner issue, fill or cause to be issued or
22filled, a pre-printed prescription for any controlled
23substance.
24 (i-5) A prescriber may use a machine or electronic device
25to individually generate a printed prescription, but the
26prescriber is still required to affix his or her manual

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1signature.
2 (j) No person shall manufacture, dispense, deliver,
3possess with intent to deliver, prescribe, or administer or
4cause to be administered under his or her direction any
5anabolic steroid, for any use in humans other than the
6treatment of disease in accordance with the order of a
7physician licensed to practice medicine in all its branches for
8a valid medical purpose in the course of professional practice.
9The use of anabolic steroids for the purpose of hormonal
10manipulation that is intended to increase muscle mass, strength
11or weight without a medical necessity to do so, or for the
12intended purpose of improving physical appearance or
13performance in any form of exercise, sport, or game, is not a
14valid medical purpose or in the course of professional
15practice.
16 (k) Controlled substances may be mailed if all of the
17following conditions are met:
18 (1) The controlled substances are not outwardly
19 dangerous and are not likely, of their own force, to cause
20 injury to a person's life or health.
21 (2) The inner container of a parcel containing
22 controlled substances must be marked and sealed as required
23 under this Act and its rules, and be placed in a plain
24 outer container or securely wrapped in plain paper.
25 (3) If the controlled substances consist of
26 prescription medicines, the inner container must be

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1 labeled to show the name and address of the pharmacy or
2 practitioner dispensing the prescription.
3 (4) The outside wrapper or container must be free of
4 markings that would indicate the nature of the contents.
5 (l) A registered pharmacist filling a prescription for an
6opioid substance listed in Schedule II in Section 206 of this
7Act may dispense the prescribed substance in a lesser quantity
8than the recommended full quantity indicated on the
9prescription if requested by the patient provided that the
10prescription complies with subsection (a) of this Section. The
11remaining quantity in excess of the quantity requested by the
12patient shall be void. If the dispensed quantity is less than
13the recommended full quantity, the pharmacist or his or her
14designee shall, within a reasonable time following a reduction
15in quantity but not more than 7 days, notify the prescribing
16practitioner of the quantity actually dispensed. The
17notification shall be conveyed by a notation in the
18interoperable electronic health record of the patient as
19defined in Section 102 of this Act or, if the pharmacist does
20not have the ability to make a notation in the patient's
21interoperable electronic health record, by facsimile,
22electronic transmission or by making a notation in the
23patient's record maintained by the pharmacy which shall be
24accessible to the practitioner by request. Nothing in this
25subsection (l) shall be interpreted to conflict with or
26supersede any other requirement established in this Section for

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1a prescription of an opiate substance or any requirements or
2conditions for drug substitutions established in this Act.
3(Source: P.A. 99-78, eff. 7-20-15; 99-480, eff. 9-9-15.)
4 Section 99. Effective date. This Act takes effect upon
5becoming law.
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