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Public Act 102-1040
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SB2535 Enrolled | LRB102 17336 RLC 22826 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Pharmacy Practice Act is amended by |
changing Section 19.1 as follows:
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(225 ILCS 85/19.1) |
(Section scheduled to be repealed on January 1, 2023) |
Sec. 19.1. Dispensing opioid antagonists. |
(a) Due to the recent rise in opioid-related deaths in
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Illinois and the existence of an opioid antagonist that can
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reverse the deadly effects of overdose, the General Assembly
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finds that in order to avoid further loss where possible, it is
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responsible to allow greater access of such an antagonist to
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those populations at risk of overdose. |
(b) Notwithstanding any general or special law to the
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contrary, a licensed pharmacist shall may dispense an opioid |
antagonist
in accordance with written, standardized procedures |
or
protocols developed by the Department with the Department |
of
Public Health and the Department of Human Services and if |
the
procedures or protocols are filed at the pharmacy before
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implementation and are available to the Department upon
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request. |
(c) Before dispensing an opioid a pharmacist shall inform |
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patients that opioids are addictive and offer to dispense an |
opioid antagonist pursuant to this
Section, a pharmacist shall |
complete a training program
approved by the Department of |
Human Services pursuant to
Section 5-23 of the Substance Use |
Disorder Act. The training program shall include, but not be
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limited to, proper documentation and quality assurance . |
(d) For the purpose of this Section, "opioid antagonist" |
means a drug that binds to opioid receptors and blocks or |
inhibits the effect of opioids acting on those receptors, |
including, but not limited to, naloxone hydrochloride or any |
other similarly acting and equally safe drug approved by the |
U.S. Food and Drug Administration for the treatment of drug |
overdose.
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(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; |
100-759, eff. 1-1-193 .)
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Section 10. The Illinois Controlled Substances Act is |
amended by changing Section 312 as follows:
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(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
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Sec. 312. Requirements for dispensing controlled |
substances.
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(a) A practitioner, in good faith, may dispense a Schedule
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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 |
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or salts of optical
isomers; phenmetrazine and its salts; or |
pentazocine; and Schedule III, IV, or V controlled substances
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to any person upon
a written or electronic prescription of any |
prescriber, dated and signed
by the
person prescribing (or |
electronically validated in compliance with Section 311.5) on |
the day when issued and bearing the name and
address of the |
patient for whom, or the owner of the animal for which
the |
controlled substance is dispensed, and the full name, address |
and
registry number under the laws of the United States |
relating to
controlled substances of the prescriber, if he or |
she is
required by
those laws to be registered. If the |
prescription is for an animal it
shall state the species of |
animal for which it is ordered. The
practitioner filling the |
prescription shall, unless otherwise permitted, write the date |
of filling
and his or her own signature on the face of the |
written prescription or, alternatively, shall indicate such |
filling using a unique identifier as defined in paragraph (v) |
of Section 3 of the Pharmacy Practice Act.
The written |
prescription shall be
retained on file by the practitioner who |
filled it or pharmacy in which
the prescription was filled for |
a period of 2 years, so as to be readily
accessible for |
inspection or removal by any officer or employee engaged
in |
the enforcement of this Act. Whenever the practitioner's or
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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 |
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employee shall give to the
practitioner or pharmacy a receipt |
in lieu thereof. If the specific prescription is machine or |
computer generated and printed at the prescriber's office, the |
date does not need to be handwritten. A prescription
for a |
Schedule II controlled substance shall not be issued for more |
than a 30 day supply, except as provided in subsection (a-5), |
and shall be valid for up to 90 days
after the date of |
issuance. A written prescription for Schedule III, IV or
V |
controlled substances shall not be filled or refilled more |
than 6 months
after the date thereof or refilled more than 5 |
times unless renewed, in
writing, by the prescriber. A |
pharmacy shall maintain a policy regarding the type of |
identification necessary, if any, to receive a prescription in |
accordance with State and federal law. The pharmacy must post |
such information where prescriptions are filled.
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(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 |
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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 |
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
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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 |
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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
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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
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in the enforcement of this Act in the same manner as a written
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prescription. The facsimile copy of the prescription or oral |
prescription
and the written memorandum thereof
shall not be |
filled or refilled more than 6 months after the date
thereof or |
be refilled more than 5 times, unless renewed, in writing, by
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the prescriber.
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(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:
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(1) only personally by a person registered to dispense |
a Schedule V
controlled substance and then only to his or |
her patients, or
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(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.
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(3) the dispenser shall record the name and address of |
the
purchaser, the name and quantity of the product, the |
date and time of
the sale, and the dispenser's signature.
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(4) no person shall purchase or be dispensed more than |
120
milliliters or more than 120 grams of any Schedule V |
substance which
contains codeine, dihydrocodeine, or any |
salts thereof, or
ethylmorphine, or any salts thereof, in |
any 96 hour period. The
purchaser shall sign a form, |
approved by the Department of Financial and Professional
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Regulation, attesting that he or she has not purchased any |
Schedule V
controlled substances within the immediately |
preceding 96 hours.
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(5) (Blank).
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(6) all records of purchases and sales shall be |
maintained for not
less than 2 years.
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(7) no person shall obtain or attempt to obtain within |
any
consecutive 96 hour period any Schedule V substances |
of more than 120
milliliters or more than 120 grams |
containing codeine, dihydrocodeine or
any of its salts, or |
ethylmorphine or any of its salts. Any person
obtaining |
any such preparations or combination of preparations in |
excess
of this limitation shall be in unlawful possession |
of such controlled
substance.
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(8) a person qualified to dispense controlled |
substances under this
Act and registered thereunder shall |
at no time maintain or keep in stock
a quantity of Schedule |
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V controlled substances in excess of 4.5 liters for each
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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.
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(9) no person shall distribute or dispense butyl |
nitrite for
inhalation or other introduction into the |
human body for euphoric or
physical effect.
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(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
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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
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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 |
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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
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methaqualone shall do so only upon
the issuance of a written |
prescription blank or electronic prescription issued by a
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prescriber.
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(e) Whenever a manufacturer distributes a controlled |
substance in a
package prepared by him or her, and whenever a |
wholesale distributor
distributes a controlled substance in a |
package prepared by him or her or the
manufacturer, he or she |
shall securely affix to each package in which that
substance |
is contained a label showing in legible English the name and
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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.
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(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
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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 |
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statements, if any, contained in any prescription
or required |
by law, the proprietary name or names or the established name
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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.
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(g) A person to whom or for whose use any controlled |
substance has
been prescribed or dispensed by a practitioner, |
or other persons
authorized under this Act, and the owner of |
any animal for which such
substance has been prescribed or |
dispensed by a veterinarian, may
lawfully possess such |
substance only in the container in which it was
delivered to |
him or her by the person dispensing such substance.
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(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
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accredited hospital, educational institution, charitable |
foundation, or
federal, state or local governmental agency, |
and which is intended to
provide that individual with |
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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
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subject to the penalties provided for violations of the law |
relating to
controlled substances.
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(i) A prescriber shall not pre-print or cause to be
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pre-printed a
prescription for any controlled substance; nor |
shall any practitioner
issue, fill or cause to be issued or |
filled, a pre-printed prescription
for any controlled |
substance.
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(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, |
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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.
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(k) Controlled substances may be mailed if all of the |
following conditions are met: |
(1) The controlled substances are not outwardly |
dangerous and are not likely, of their own force, to cause |
injury to a person's life or health. |
(2) The inner container of a parcel containing |
controlled substances must be marked and sealed as |
required under this Act and its rules, and be placed in a |
plain outer container or securely wrapped in plain paper. |
(3) If the controlled substances consist of |
prescription medicines, the inner container must be |
labeled to show the name and address of the pharmacy or |
practitioner dispensing the prescription. |
(4) The outside wrapper or container must be free of |
markings that would indicate the nature of the contents. |
(l) Notwithstanding any other provision of this Act to the |
contrary, emergency medical services personnel may administer |
Schedule II, III, IV, or V controlled substances to a person in |
the scope of their employment without a written, electronic, |
or oral prescription of a prescriber. |
(Source: P.A. 99-78, eff. 7-20-15; 99-480, eff. 9-9-15; |
100-280, eff. 1-1-18 .)
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