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| | SB2535 Enrolled | | LRB102 17336 RLC 22826 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Pharmacy Practice Act is amended by |
| 5 | | changing Section 19.1 as follows:
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| 6 | | (225 ILCS 85/19.1) |
| 7 | | (Section scheduled to be repealed on January 1, 2023) |
| 8 | | Sec. 19.1. Dispensing opioid antagonists. |
| 9 | | (a) Due to the recent rise in opioid-related deaths in
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| 10 | | Illinois and the existence of an opioid antagonist that can
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| 11 | | reverse the deadly effects of overdose, the General Assembly
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| 12 | | finds that in order to avoid further loss where possible, it is
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| 13 | | responsible to allow greater access of such an antagonist to
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| 14 | | those populations at risk of overdose. |
| 15 | | (b) Notwithstanding any general or special law to the
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| 16 | | contrary, a licensed pharmacist shall may dispense an opioid |
| 17 | | antagonist
in accordance with written, standardized procedures |
| 18 | | or
protocols developed by the Department with the Department |
| 19 | | of
Public Health and the Department of Human Services and if |
| 20 | | the
procedures or protocols are filed at the pharmacy before
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| 21 | | implementation and are available to the Department upon
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| 22 | | request. |
| 23 | | (c) Before dispensing an opioid a pharmacist shall inform |
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| 1 | | patients that opioids are addictive and offer to dispense an |
| 2 | | opioid antagonist pursuant to this
Section, a pharmacist shall |
| 3 | | complete a training program
approved by the Department of |
| 4 | | Human Services pursuant to
Section 5-23 of the Substance Use |
| 5 | | Disorder Act. The training program shall include, but not be
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| 6 | | limited to, proper documentation and quality assurance. |
| 7 | | (d) For the purpose of this Section, "opioid antagonist" |
| 8 | | means a drug that binds to opioid receptors and blocks or |
| 9 | | inhibits the effect of opioids acting on those receptors, |
| 10 | | including, but not limited to, naloxone hydrochloride or any |
| 11 | | other similarly acting and equally safe drug approved by the |
| 12 | | U.S. Food and Drug Administration for the treatment of drug |
| 13 | | overdose.
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| 14 | | (Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; |
| 15 | | 100-759, eff. 1-1-193.)
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| 16 | | Section 10. The Illinois Controlled Substances Act is |
| 17 | | amended by changing Section 312 as follows:
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| 18 | | (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
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| 19 | | Sec. 312. Requirements for dispensing controlled |
| 20 | | substances.
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| 21 | | (a) A practitioner, in good faith, may dispense a Schedule
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| 22 | | II controlled substance, which is a narcotic drug listed in |
| 23 | | Section 206
of this Act; or which contains any quantity of |
| 24 | | amphetamine or
methamphetamine, their salts, optical isomers |
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| 1 | | or salts of optical
isomers; phenmetrazine and its salts; or |
| 2 | | pentazocine; and Schedule III, IV, or V controlled substances
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| 3 | | to any person upon
a written or electronic prescription of any |
| 4 | | prescriber, dated and signed
by the
person prescribing (or |
| 5 | | electronically validated in compliance with Section 311.5) on |
| 6 | | the day when issued and bearing the name and
address of the |
| 7 | | patient for whom, or the owner of the animal for which
the |
| 8 | | controlled substance is dispensed, and the full name, address |
| 9 | | and
registry number under the laws of the United States |
| 10 | | relating to
controlled substances of the prescriber, if he or |
| 11 | | she is
required by
those laws to be registered. If the |
| 12 | | prescription is for an animal it
shall state the species of |
| 13 | | animal for which it is ordered. The
practitioner filling the |
| 14 | | prescription shall, unless otherwise permitted, write the date |
| 15 | | of filling
and his or her own signature on the face of the |
| 16 | | written prescription or, alternatively, shall indicate such |
| 17 | | filling using a unique identifier as defined in paragraph (v) |
| 18 | | of Section 3 of the Pharmacy Practice Act.
The written |
| 19 | | prescription shall be
retained on file by the practitioner who |
| 20 | | filled it or pharmacy in which
the prescription was filled for |
| 21 | | a period of 2 years, so as to be readily
accessible for |
| 22 | | inspection or removal by any officer or employee engaged
in |
| 23 | | the enforcement of this Act. Whenever the practitioner's or
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| 24 | | pharmacy's copy of any prescription is removed by an officer |
| 25 | | or
employee engaged in the enforcement of this Act, for the |
| 26 | | purpose of
investigation or as evidence, such officer or |
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| 1 | | employee shall give to the
practitioner or pharmacy a receipt |
| 2 | | in lieu thereof. If the specific prescription is machine or |
| 3 | | computer generated and printed at the prescriber's office, the |
| 4 | | date does not need to be handwritten. A prescription
for a |
| 5 | | Schedule II controlled substance shall not be issued for more |
| 6 | | than a 30 day supply, except as provided in subsection (a-5), |
| 7 | | and shall be valid for up to 90 days
after the date of |
| 8 | | issuance. A written prescription for Schedule III, IV or
V |
| 9 | | controlled substances shall not be filled or refilled more |
| 10 | | than 6 months
after the date thereof or refilled more than 5 |
| 11 | | times unless renewed, in
writing, by the prescriber. A |
| 12 | | pharmacy shall maintain a policy regarding the type of |
| 13 | | identification necessary, if any, to receive a prescription in |
| 14 | | accordance with State and federal law. The pharmacy must post |
| 15 | | such information where prescriptions are filled.
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| 16 | | (a-5) Physicians may issue multiple prescriptions (3 |
| 17 | | sequential 30-day supplies) for the same Schedule II |
| 18 | | controlled substance, authorizing up to a 90-day supply. |
| 19 | | Before authorizing a 90-day supply of a Schedule II controlled |
| 20 | | substance, the physician must meet the following conditions: |
| 21 | | (1) Each separate prescription must be issued for a |
| 22 | | legitimate medical purpose by an individual physician |
| 23 | | acting in the usual course of professional practice. |
| 24 | | (2) The individual physician must provide written |
| 25 | | instructions on each prescription (other than the first |
| 26 | | prescription, if the prescribing physician intends for the |
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| 1 | | prescription to be filled immediately) indicating the |
| 2 | | earliest date on which a pharmacy may fill that |
| 3 | | prescription. |
| 4 | | (3) The physician shall document in the medical record |
| 5 | | of a patient the medical necessity for the amount and |
| 6 | | duration of the 3 sequential 30-day prescriptions for |
| 7 | | Schedule II narcotics. |
| 8 | | (a-10) Prescribers who issue a prescription for an opioid |
| 9 | | shall inform the patient that opioids are addictive and that |
| 10 | | opioid antagonists are available by prescription or from a |
| 11 | | pharmacy. |
| 12 | | (b) In lieu of a written prescription required by this |
| 13 | | Section, a
pharmacist, in good faith, may dispense Schedule |
| 14 | | III, IV, or V
substances to any person either upon receiving a |
| 15 | | facsimile of a written,
signed prescription transmitted by the |
| 16 | | prescriber or the prescriber's agent
or upon a lawful oral |
| 17 | | prescription of a
prescriber which oral prescription shall be |
| 18 | | reduced
promptly to
writing by the pharmacist and such written |
| 19 | | memorandum thereof shall be
dated on the day when such oral |
| 20 | | prescription is received by the
pharmacist and shall bear the |
| 21 | | full name and address of the ultimate user
for whom, or of the |
| 22 | | owner of the animal for which the controlled
substance is |
| 23 | | dispensed, and the full name, address, and registry number
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| 24 | | under the law of the United States relating to controlled |
| 25 | | substances of
the prescriber prescribing if he or she is |
| 26 | | required by those laws
to be so
registered, and the pharmacist |
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| 1 | | filling such oral prescription shall
write the date of filling |
| 2 | | and his or her own signature on the face of such
written |
| 3 | | memorandum thereof. The facsimile copy of the prescription or
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| 4 | | written memorandum of the oral
prescription shall be retained |
| 5 | | on file by the proprietor of the pharmacy
in which it is filled |
| 6 | | for a period of not less than two years, so as to
be readily |
| 7 | | accessible for inspection by any officer or employee engaged
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| 8 | | in the enforcement of this Act in the same manner as a written
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| 9 | | prescription. The facsimile copy of the prescription or oral |
| 10 | | prescription
and the written memorandum thereof
shall not be |
| 11 | | filled or refilled more than 6 months after the date
thereof or |
| 12 | | be refilled more than 5 times, unless renewed, in writing, by
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| 13 | | the prescriber.
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| 14 | | (c) Except for any non-prescription targeted |
| 15 | | methamphetamine precursor regulated by the Methamphetamine |
| 16 | | Precursor Control Act, a
controlled substance included in |
| 17 | | Schedule V shall not be
distributed or dispensed other than |
| 18 | | for a medical purpose and not for
the purpose of evading this |
| 19 | | Act, and then:
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| 20 | | (1) only personally by a person registered to dispense |
| 21 | | a Schedule V
controlled substance and then only to his or |
| 22 | | her patients, or
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| 23 | | (2) only personally by a pharmacist, and then only to |
| 24 | | a person over
21 years of age who has identified himself or |
| 25 | | herself to the pharmacist by means of
2 positive documents |
| 26 | | of identification.
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| 1 | | (3) the dispenser shall record the name and address of |
| 2 | | the
purchaser, the name and quantity of the product, the |
| 3 | | date and time of
the sale, and the dispenser's signature.
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| 4 | | (4) no person shall purchase or be dispensed more than |
| 5 | | 120
milliliters or more than 120 grams of any Schedule V |
| 6 | | substance which
contains codeine, dihydrocodeine, or any |
| 7 | | salts thereof, or
ethylmorphine, or any salts thereof, in |
| 8 | | any 96 hour period. The
purchaser shall sign a form, |
| 9 | | approved by the Department of Financial and Professional
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| 10 | | Regulation, attesting that he or she has not purchased any |
| 11 | | Schedule V
controlled substances within the immediately |
| 12 | | preceding 96 hours.
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| 13 | | (5) (Blank).
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| 14 | | (6) all records of purchases and sales shall be |
| 15 | | maintained for not
less than 2 years.
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| 16 | | (7) no person shall obtain or attempt to obtain within |
| 17 | | any
consecutive 96 hour period any Schedule V substances |
| 18 | | of more than 120
milliliters or more than 120 grams |
| 19 | | containing codeine, dihydrocodeine or
any of its salts, or |
| 20 | | ethylmorphine or any of its salts. Any person
obtaining |
| 21 | | any such preparations or combination of preparations in |
| 22 | | excess
of this limitation shall be in unlawful possession |
| 23 | | of such controlled
substance.
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| 24 | | (8) a person qualified to dispense controlled |
| 25 | | substances under this
Act and registered thereunder shall |
| 26 | | at no time maintain or keep in stock
a quantity of Schedule |
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| 1 | | V controlled substances in excess of 4.5 liters for each
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| 2 | | substance; a pharmacy shall at no time maintain or keep in |
| 3 | | stock a
quantity of Schedule V controlled substances as |
| 4 | | defined in excess of 4.5
liters for each substance, plus |
| 5 | | the additional quantity of controlled
substances necessary |
| 6 | | to fill the largest number of prescription orders
filled |
| 7 | | by that pharmacy for such controlled substances in any one |
| 8 | | week
in the previous year. These limitations shall not |
| 9 | | apply to Schedule V
controlled substances which Federal |
| 10 | | law prohibits from being dispensed
without a prescription.
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| 11 | | (9) no person shall distribute or dispense butyl |
| 12 | | nitrite for
inhalation or other introduction into the |
| 13 | | human body for euphoric or
physical effect.
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| 14 | | (d) Every practitioner shall keep a record or log of |
| 15 | | controlled substances
received by him or her and a record of |
| 16 | | all such controlled substances
administered, dispensed or |
| 17 | | professionally used by him or her otherwise than by
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| 18 | | prescription. It shall, however, be sufficient compliance with |
| 19 | | this
paragraph if any practitioner utilizing controlled |
| 20 | | substances listed in
Schedules III, IV and V shall keep a |
| 21 | | record of all those substances
dispensed and distributed by |
| 22 | | him or her other than those controlled substances
which are |
| 23 | | administered by the direct application of a controlled
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| 24 | | substance, whether by injection, inhalation, ingestion, or any |
| 25 | | other
means to the body of a patient or research subject. A |
| 26 | | practitioner who
dispenses, other than by administering, a |
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| 1 | | controlled substance in
Schedule II, which is a narcotic drug |
| 2 | | listed in Section 206 of this Act,
or which contains any |
| 3 | | quantity of amphetamine or methamphetamine, their
salts, |
| 4 | | optical isomers or salts of optical isomers, pentazocine, or
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| 5 | | methaqualone shall do so only upon
the issuance of a written |
| 6 | | prescription blank or electronic prescription issued by a
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| 7 | | prescriber.
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| 8 | | (e) Whenever a manufacturer distributes a controlled |
| 9 | | substance in a
package prepared by him or her, and whenever a |
| 10 | | wholesale distributor
distributes a controlled substance in a |
| 11 | | package prepared by him or her or the
manufacturer, he or she |
| 12 | | shall securely affix to each package in which that
substance |
| 13 | | is contained a label showing in legible English the name and
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| 14 | | address of the manufacturer, the distributor and the quantity, |
| 15 | | kind and
form of controlled substance contained therein. No |
| 16 | | person except a
pharmacist and only for the purposes of |
| 17 | | filling a prescription under
this Act, shall alter, deface or |
| 18 | | remove any label so affixed.
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| 19 | | (f) Whenever a practitioner dispenses any controlled |
| 20 | | substance except a non-prescription Schedule V product or a |
| 21 | | non-prescription targeted methamphetamine precursor regulated |
| 22 | | by the Methamphetamine Precursor Control Act, he or she
shall |
| 23 | | affix to the container in which such substance is sold or
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| 24 | | dispensed, a label indicating the date of initial filling, the |
| 25 | | practitioner's
name and address, the name
of the patient, the |
| 26 | | name of the prescriber,
the directions
for use and cautionary |
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| 1 | | statements, if any, contained in any prescription
or required |
| 2 | | by law, the proprietary name or names or the established name
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| 3 | | of the controlled substance, and the dosage and quantity, |
| 4 | | except as otherwise
authorized by regulation by the Department |
| 5 | | of Financial and Professional Regulation. No
person shall |
| 6 | | alter, deface or remove any label so affixed as long as the |
| 7 | | specific medication remains in the container.
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| 8 | | (g) A person to whom or for whose use any controlled |
| 9 | | substance has
been prescribed or dispensed by a practitioner, |
| 10 | | or other persons
authorized under this Act, and the owner of |
| 11 | | any animal for which such
substance has been prescribed or |
| 12 | | dispensed by a veterinarian, may
lawfully possess such |
| 13 | | substance only in the container in which it was
delivered to |
| 14 | | him or her by the person dispensing such substance.
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| 15 | | (h) The responsibility for the proper prescribing or |
| 16 | | dispensing of
controlled substances that are under the |
| 17 | | prescriber's direct control is upon the prescriber. The |
| 18 | | responsibility for
the proper filling of a prescription for |
| 19 | | controlled substance drugs
rests with the pharmacist. An order |
| 20 | | purporting to be a prescription
issued to any individual, |
| 21 | | which is not in the regular course of
professional treatment |
| 22 | | nor part of an authorized methadone maintenance
program, nor |
| 23 | | in legitimate and authorized research instituted by any
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| 24 | | accredited hospital, educational institution, charitable |
| 25 | | foundation, or
federal, state or local governmental agency, |
| 26 | | and which is intended to
provide that individual with |
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| 1 | | controlled substances sufficient to
maintain that individual's |
| 2 | | or any other individual's physical or
psychological addiction, |
| 3 | | habitual or customary use, dependence, or
diversion of that |
| 4 | | controlled substance is not a prescription within the
meaning |
| 5 | | and intent of this Act; and the person issuing it, shall be
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| 6 | | subject to the penalties provided for violations of the law |
| 7 | | relating to
controlled substances.
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| 8 | | (i) A prescriber shall not pre-print or cause to be
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| 9 | | pre-printed a
prescription for any controlled substance; nor |
| 10 | | shall any practitioner
issue, fill or cause to be issued or |
| 11 | | filled, a pre-printed prescription
for any controlled |
| 12 | | substance.
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| 13 | | (i-5) A prescriber may use a machine or electronic device |
| 14 | | to individually generate a printed prescription, but the |
| 15 | | prescriber is still required to affix his or her manual |
| 16 | | signature. |
| 17 | | (j) No person shall manufacture, dispense, deliver, |
| 18 | | possess with
intent to deliver, prescribe, or administer or |
| 19 | | cause to be administered
under his or her direction any |
| 20 | | anabolic steroid, for any use in humans other than
the |
| 21 | | treatment of disease in accordance with the order of a |
| 22 | | physician licensed
to practice medicine in all its branches |
| 23 | | for a
valid medical purpose in the course of professional |
| 24 | | practice. The use of
anabolic steroids for the purpose of |
| 25 | | hormonal manipulation that is intended
to increase muscle |
| 26 | | mass, strength or weight without a medical necessity to
do so, |
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| 1 | | or for the intended purpose of improving physical appearance |
| 2 | | or
performance in any form of exercise, sport, or game, is not |
| 3 | | a valid medical
purpose or in the course of professional |
| 4 | | practice.
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| 5 | | (k) Controlled substances may be mailed if all of the |
| 6 | | following conditions are met: |
| 7 | | (1) The controlled substances are not outwardly |
| 8 | | dangerous and are not likely, of their own force, to cause |
| 9 | | injury to a person's life or health. |
| 10 | | (2) The inner container of a parcel containing |
| 11 | | controlled substances must be marked and sealed as |
| 12 | | required under this Act and its rules, and be placed in a |
| 13 | | plain outer container or securely wrapped in plain paper. |
| 14 | | (3) If the controlled substances consist of |
| 15 | | prescription medicines, the inner container must be |
| 16 | | labeled to show the name and address of the pharmacy or |
| 17 | | practitioner dispensing the prescription. |
| 18 | | (4) The outside wrapper or container must be free of |
| 19 | | markings that would indicate the nature of the contents. |
| 20 | | (l) Notwithstanding any other provision of this Act to the |
| 21 | | contrary, emergency medical services personnel may administer |
| 22 | | Schedule II, III, IV, or V controlled substances to a person in |
| 23 | | the scope of their employment without a written, electronic, |
| 24 | | or oral prescription of a prescriber. |
| 25 | | (Source: P.A. 99-78, eff. 7-20-15; 99-480, eff. 9-9-15; |
| 26 | | 100-280, eff. 1-1-18.)
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