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| | SB0636 Enrolled | | LRB100 06838 SMS 16887 b |
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1 | | AN ACT concerning regulation.
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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 changing |
5 | | Section 4 as follows:
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6 | | (225 ILCS 85/4) (from Ch. 111, par. 4124)
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7 | | (Section scheduled to be repealed on January 1, 2018)
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8 | | Sec. 4. Exemptions. Nothing contained in any Section of |
9 | | this Act shall
apply
to, or in any manner interfere with:
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10 | | (a) the lawful practice of any physician licensed to |
11 | | practice medicine in
all of its branches, dentist, podiatric |
12 | | physician,
veterinarian, or therapeutically or diagnostically |
13 | | certified optometrist within
the limits of
his or her license, |
14 | | or prevent him or her from
supplying to his
or her
bona fide |
15 | | patients
such drugs, medicines, or poisons as may seem to him |
16 | | appropriate;
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17 | | (b) the sale of compressed gases;
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18 | | (c) the sale of patent or proprietary medicines and |
19 | | household remedies
when sold in original and unbroken packages |
20 | | only, if such patent or
proprietary medicines and household |
21 | | remedies be properly and adequately
labeled as to content and |
22 | | usage and generally considered and accepted
as harmless and |
23 | | nonpoisonous when used according to the directions
on the |
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1 | | label, and also do not contain opium or coca leaves, or any
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2 | | compound, salt or derivative thereof, or any drug which, |
3 | | according
to the latest editions of the following authoritative |
4 | | pharmaceutical
treatises and standards, namely, The United |
5 | | States Pharmacopoeia/National
Formulary (USP/NF), the United |
6 | | States Dispensatory, and the Accepted
Dental Remedies of the |
7 | | Council of Dental Therapeutics of the American
Dental |
8 | | Association or any or either of them, in use on the effective
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9 | | date of this Act, or according to the existing provisions of |
10 | | the Federal
Food, Drug, and Cosmetic Act and Regulations of the |
11 | | Department of Health
and Human Services, Food and Drug |
12 | | Administration, promulgated thereunder
now in effect, is |
13 | | designated, described or considered as a narcotic,
hypnotic, |
14 | | habit forming, dangerous, or poisonous drug;
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15 | | (d) the sale of poultry and livestock remedies in original |
16 | | and unbroken
packages only, labeled for poultry and livestock |
17 | | medication;
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18 | | (e) the sale of poisonous substances or mixture of |
19 | | poisonous substances,
in unbroken packages, for nonmedicinal |
20 | | use in the arts or industries
or for insecticide purposes; |
21 | | provided, they are properly and adequately
labeled as to |
22 | | content and such nonmedicinal usage, in conformity
with the |
23 | | provisions of all applicable federal, state and local laws
and |
24 | | regulations promulgated thereunder now in effect relating |
25 | | thereto
and governing the same, and those which are required |
26 | | under such applicable
laws and regulations to be labeled with |
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1 | | the word "Poison", are also labeled
with the word "Poison" |
2 | | printed
thereon in prominent type and the name of a readily |
3 | | obtainable antidote
with directions for its administration;
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4 | | (f) the delegation of limited prescriptive authority by a |
5 | | physician
licensed to
practice medicine in all its branches to |
6 | | a physician assistant
under Section 7.5 of the Physician |
7 | | Assistant Practice Act of 1987. This
delegated authority under |
8 | | Section 7.5 of the Physician Assistant Practice Act of 1987 |
9 | | may, but is not required to, include prescription of
controlled |
10 | | substances, as defined in Article II of the
Illinois Controlled |
11 | | Substances Act, in accordance with a written supervision |
12 | | agreement; and
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13 | | (g) the delegation of prescriptive authority by a physician
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14 | | licensed to practice medicine in all its branches or a licensed |
15 | | podiatric physician to an advanced practice
nurse in accordance |
16 | | with a written collaborative
agreement under Sections 65-35 and |
17 | | 65-40 of the Nurse Practice Act ; and .
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18 | | (h) the sale or distribution of dialysate or devices |
19 | | necessary to perform home peritoneal renal dialysis for |
20 | | patients with end-stage renal disease, provided that all of the |
21 | | following conditions are met: |
22 | | (1) the dialysate, comprised of dextrose or |
23 | | icodextrin, or devices are approved or cleared by the |
24 | | federal Food and Drug Administration, as required by |
25 | | federal law; |
26 | | (2) the dialysate or devices are lawfully held by a |
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1 | | manufacturer or the manufacturer's agent, which is |
2 | | properly registered with the Board as a manufacturer or |
3 | | wholesaler; |
4 | | (3) the dialysate or devices are held and delivered to |
5 | | the manufacturer or the manufacturer's agent in the |
6 | | original, sealed packaging from the manufacturing |
7 | | facility; |
8 | | (4) the dialysate or devices are delivered only upon |
9 | | receipt of a physician's prescription by a licensed |
10 | | pharmacy in which the prescription is processed in |
11 | | accordance with provisions set forth in this Act, and the |
12 | | transmittal of an order from the licensed pharmacy to the |
13 | | manufacturer or the manufacturer's agent; and |
14 | | (5) the manufacturer or the manufacturer's agent |
15 | | delivers the dialysate or devices directly to: (i) a |
16 | | patient with end-stage renal disease, or his or her |
17 | | designee, for the patient's self-administration of the |
18 | | dialysis therapy or (ii) a health care provider or |
19 | | institution for administration or delivery of the dialysis |
20 | | therapy to a patient with end-stage renal disease. |
21 | | This paragraph (h) does not include any other drugs for |
22 | | peritoneal dialysis, except dialysate, as described in item (1) |
23 | | of this paragraph (h). All records of sales and distribution of |
24 | | dialysate to patients made pursuant to this paragraph (h) must |
25 | | be retained in accordance with Section 18 of this Act. |
26 | | (Source: P.A. 98-214, eff. 8-9-13.)
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