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| Public Act 102-0084 | ||||
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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(Section scheduled to be repealed on January 1, 2023)
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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
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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
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as harmless and nonpoisonous when used according to the | ||||
directions
on the label, and also do not contain opium or | ||
coca leaves, or any
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
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 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;
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(g) the delegation of prescriptive authority by a | ||
physician
licensed to practice medicine in all its | ||
branches or a licensed podiatric physician to an advanced | ||
practice
registered 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 manufacturer or the manufacturer's agent, which is | ||
properly registered with the Board as a manufacturer, | ||
third-party logistics provider, 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. A student pharmacist or licensed | ||
pharmacy technician engaged in remote prescription | ||
processing under Section 25.10 of this Act at a licensed | ||
pharmacy described in item (4) of this paragraph (h) shall | ||
be permitted to access an employer pharmacy's database | ||
from his or her home or other remote location while under | ||
the supervision of a pharmacist for the purpose of | ||
performing certain prescription processing functions, | ||
provided that the pharmacy establishes controls to protect | ||
the privacy and security of confidential records. | ||
(Source: P.A. 100-218, eff. 8-18-17; 100-513, eff. 1-1-18; | ||
100-863, eff. 8-14-18; 101-420, eff. 8-16-19.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||