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Public Act 100-0218
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| SB0636 Enrolled | LRB100 06838 SMS 16887 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Pharmacy Practice Act is amended by changing |
Section 4 as follows:
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(225 ILCS 85/4) (from Ch. 111, par. 4124)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 4. Exemptions. Nothing contained in any Section of |
this Act shall
apply
to, or in any manner interfere with:
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(a) the lawful practice of any physician licensed to |
practice medicine in
all of its branches, dentist, podiatric |
physician,
veterinarian, or therapeutically or diagnostically |
certified optometrist within
the limits of
his or her license, |
or prevent him or her from
supplying to his
or her
bona fide |
patients
such drugs, medicines, or poisons as may seem to him |
appropriate;
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(b) the sale of compressed gases;
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(c) the sale of patent or proprietary medicines and |
household remedies
when sold in original and unbroken packages |
only, if such patent or
proprietary medicines and household |
remedies be properly and adequately
labeled as to content and |
usage and generally considered and accepted
as harmless and |
nonpoisonous when used according to the directions
on the |
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label, and also do not contain opium or coca leaves, or any
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compound, salt or derivative thereof, or any drug which, |
according
to the latest editions of the following authoritative |
pharmaceutical
treatises and standards, namely, The United |
States Pharmacopoeia/National
Formulary (USP/NF), the United |
States Dispensatory, and the Accepted
Dental Remedies of the |
Council of Dental Therapeutics of the American
Dental |
Association or any or either of them, in use on the effective
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date of this Act, or according to the existing provisions of |
the Federal
Food, Drug, and Cosmetic Act and Regulations of the |
Department of Health
and Human Services, Food and Drug |
Administration, promulgated thereunder
now in effect, is |
designated, described or considered as a narcotic,
hypnotic, |
habit forming, dangerous, or poisonous drug;
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(d) the sale of poultry and livestock remedies in original |
and unbroken
packages only, labeled for poultry and livestock |
medication;
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(e) the sale of poisonous substances or mixture of |
poisonous substances,
in unbroken packages, for nonmedicinal |
use in the arts or industries
or for insecticide purposes; |
provided, they are properly and adequately
labeled as to |
content and such nonmedicinal usage, in conformity
with the |
provisions of all applicable federal, state and local laws
and |
regulations promulgated thereunder now in effect relating |
thereto
and governing the same, and those which are required |
under such applicable
laws and regulations to be labeled with |
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the word "Poison", are also labeled
with the word "Poison" |
printed
thereon in prominent type and the name of a readily |
obtainable antidote
with directions for its administration;
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(f) the delegation of limited prescriptive authority by a |
physician
licensed to
practice medicine in all its branches to |
a physician assistant
under Section 7.5 of the Physician |
Assistant Practice Act of 1987. This
delegated authority under |
Section 7.5 of the Physician Assistant Practice Act of 1987 |
may, but is not required to, include prescription of
controlled |
substances, as defined in Article II of the
Illinois Controlled |
Substances Act, in accordance with a written supervision |
agreement; and
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(g) the delegation of prescriptive authority by a physician
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licensed to practice medicine in all its branches or a licensed |
podiatric physician to an advanced practice
nurse in accordance |
with a written collaborative
agreement under Sections 65-35 and |
65-40 of the Nurse Practice Act; and .
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(h) the sale or distribution of dialysate or devices |
necessary to perform home peritoneal renal dialysis for |
patients with end-stage renal disease, provided that all of the |
following conditions are met: |
(1) the dialysate, comprised of dextrose or |
icodextrin, or devices are approved or cleared by the |
federal Food and Drug Administration, as required by |
federal law; |
(2) the dialysate or devices are lawfully held by a |
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manufacturer or the manufacturer's agent, which is |
properly registered with the Board as a manufacturer or |
wholesaler; |
(3) the dialysate or devices are held and delivered to |
the manufacturer or the manufacturer's agent in the |
original, sealed packaging from the manufacturing |
facility; |
(4) the dialysate or devices are delivered only upon |
receipt of a physician's prescription by a licensed |
pharmacy in which the prescription is processed in |
accordance with provisions set forth in this Act, and the |
transmittal of an order from the licensed pharmacy to the |
manufacturer or the manufacturer's agent; and |
(5) the manufacturer or the manufacturer's agent |
delivers the dialysate or devices directly to: (i) a |
patient with end-stage renal disease, or his or her |
designee, for the patient's self-administration of the |
dialysis therapy or (ii) a health care provider or |
institution for administration or delivery of the dialysis |
therapy to a patient with end-stage renal disease. |
This paragraph (h) does not include any other drugs for |
peritoneal dialysis, except dialysate, as described in item (1) |
of this paragraph (h). All records of sales and distribution of |
dialysate to patients made pursuant to this paragraph (h) must |
be retained in accordance with Section 18 of this Act. |
(Source: P.A. 98-214, eff. 8-9-13.)
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