Public Act 096-0166
 		





HB0488 Enrolled
LRB096 04248 RLC 14294 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Controlled Substances Act is 
amended  by changing Section 312 as follows:
 


    (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)


    Sec. 312. Requirements for dispensing controlled 
substances. 

    (a) A practitioner, in good faith, may dispense a Schedule

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 
or salts of optical
isomers; phenmetrazine and its salts; or 
pentazocine; and Schedule III, IV, or V controlled substances

to any person upon
a written prescription of any prescriber, 
dated and signed
by the
person prescribing 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 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 write 
the date of filling
and his own signature on the face of the 
written prescription.
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
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 employee shall give to the

practitioner or pharmacy a receipt in lieu thereof. A 
prescription
for a Schedule II controlled substance shall not 
be filled more than 90 7 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.

    (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

under the law of the United States relating to controlled 
substances of
the prescriber prescribing if he is required by 
those laws
to be so
registered, and the pharmacist filling such 
oral prescription shall
write the date of filling and his own 
signature on the face of such
written memorandum thereof.  The 
facsimile copy of the prescription or
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
in the enforcement of this 
Act in the same manner as a written
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
the prescriber.

    (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:


        (1) only personally by a person registered to dispense 
    a Schedule V
controlled substance and then only to his 
    patients, or


        (2) only personally by a pharmacist, and then only to a 
    person over
21 years of age who has identified himself to 
    the pharmacist by means of
2 positive documents of 
    identification.


        (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.


        (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 Professional
Regulation, 
    attesting that he has not purchased any Schedule V

    controlled substances within the immediately preceding 96 
    hours.


        (5) a copy of the records of sale, including all 
    information
required by paragraph (3), shall be forwarded 
    to the Department of
Professional Regulation at its 
    principal office by the 15th day of the following month.


        (6) all records of purchases and sales shall be 
    maintained for not
less than 2 years.


        (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.


        (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 
    V controlled substances defined and listed in
Section 212 
    (b) (1), (2) or (3) in excess of 4.5 liters for each

    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.


        (9) no person shall distribute or dispense butyl 
    nitrite for
inhalation or other introduction into the human 
    body for euphoric or
physical effect.

    (d) Every practitioner shall keep a record of controlled 
substances
received by him and a record of all such controlled 
substances
administered, dispensed or professionally used by 
him otherwise than by
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 other than those controlled substances
which 
are administered by the direct application of a controlled

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 
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

methaqualone shall do so only upon
the issuance of a written 
prescription blank by a
prescriber.

    (e) Whenever a manufacturer distributes a controlled 
substance in a
package prepared by him, and whenever a 
wholesale distributor
distributes a controlled substance in a 
package prepared by him or the
manufacturer, he shall securely 
affix to each package in which that
substance is contained a 
label showing in legible English the name and
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.

    (f) Whenever a practitioner dispenses any controlled 
substance except a non-prescription targeted methamphetamine 
precursor  regulated by the Methamphetamine Precursor Control 
Act, he
shall affix to the container in which such substance is 
sold or
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 statements, if any, contained in any prescription
or 
required by law, the proprietary name or names or the 
established name
of the controlled substance, and the dosage 
and quantity, except as otherwise
authorized by regulation by 
the Department of Professional Regulation.  No
person shall 
alter, deface or remove any label so affixed.

    (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 by the person dispensing such substance.

    (h) The responsibility for the proper prescribing or 
dispensing of
controlled substances is upon the prescriber and 
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

accredited hospital, educational institution, charitable 
foundation, or
federal, state or local governmental agency, and 
which is intended to
provide that individual with 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

subject to the penalties provided for violations of the law 
relating to
controlled substances.

    (i) A prescriber shall not preprint or cause to be

preprinted a
prescription for any controlled substance; nor 
shall any practitioner
issue, fill or cause to be issued or 
filled, a preprinted prescription
for any controlled 
substance.

    (j) No person shall manufacture, dispense, deliver, 
possess with
intent to deliver, prescribe, or administer or 
cause to be administered
under his 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, 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.

(Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)