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91_SB0013
LRB9100300RCksA
1 AN ACT to amend the Illinois Controlled Substances Act by
2 changing Sections 309, 312, and 406, by adding Sections 316,
3 317, 318, 319, and 320 and repealing Sections 308, 310, and
4 311.
5 Be it enacted by the People of the State of Illinois,
6 represented in the General Assembly:
7 Section 5. The Illinois Controlled Substances Act is
8 amended by changing Sections 309, 312, and 406 and by adding
9 Sections 316, 317, 318, 319, and 320 as follows:
10 (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
11 Sec. 309. No person shall issue a prescription for a
12 Schedule II controlled substance, which is a narcotic drug
13 listed in Section 206 of this Act; or which contains any
14 quantity of amphetamine or methamphetamine, their salts,
15 optical isomers or salts of optical isomers; phenmetrazine
16 and its salts; gluthethimide; pentazocine; or which is
17 hereafter determined to be a "designated product," as defined
18 in Section 102 of this Act, other than on a written the
19 official prescription blank issued by the Department and no
20 person shall fill any such prescription other than on the
21 official prescription blank issued by the Department;
22 provided that in the case of an emergency, epidemic or a
23 sudden or unforeseen accident or calamity, the prescriber may
24 issue a lawful oral prescription or transmit via facsimile
25 equipment a written prescription order or a written
26 prescription on a blank other than the official prescription
27 blank issued by the Department where failure to issue such a
28 prescription might result in loss of life or intense
29 suffering, but such prescription shall have endorsed thereon
30 by the prescriber a statement concerning the accident or
31 calamity, or circumstances constituting the emergency, the
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1 cause for which the unofficial blank was used. Within 72
2 hours after issuing an emergency prescription, the prescriber
3 shall cause a written prescription on the official
4 prescription blank for the emergency quantity prescribed to
5 be delivered to the dispensing pharmacist. The prescription
6 shall have written on its face "Authorization for Emergency
7 Dispensing", and the date of the emergency prescription. The
8 written prescription on the official prescription blank may
9 be delivered to the pharmacist in person or by mail, but if
10 delivered by mail it must be postmarked within the 72-hour
11 period. Upon receipt, the dispensing pharmacist shall attach
12 this prescription to the emergency prescription earlier
13 received, or in the case of an oral prescription, reduced to
14 writing. The dispensing pharmacist shall notify the
15 Department of Human Services if the prescriber fails to
16 deliver the authorization for emergency dispensing on the
17 official prescription blank to him. Failure of the
18 dispensing pharmacist to do so shall void the authority
19 conferred by this paragraph to dispense without a written
20 prescription on a an official prescription blank of a
21 prescriber. All prescriptions on the official blanks shall be
22 written in triplicate and all three copies signed by the
23 prescriber. All prescriptions issued for Schedule II
24 controlled substances shall include both a written and
25 numerical notation of quantity on the face of the
26 prescription. No prescription for a Schedule II controlled
27 substance may be refilled.
28 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
29 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
30 Sec. 312. Requirements for dispensing controlled
31 substances.
32 (a) A practitioner, in good faith, may dispense a
33 Schedule II controlled substance, which is a narcotic drug
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1 listed in Section 206 of this Act; or which contains any
2 quantity of amphetamine or methamphetamine, their salts,
3 optical isomers or salts of optical isomers; phenmetrazine
4 and its salts; pentazocine; or which is hereafter determined
5 to be a "designated product," as defined in Section 102 of
6 this Act to any person upon a written an official
7 prescription form and Schedule III, IV, or V controlled
8 substances to any person upon a written prescription of any
9 prescriber, dated and signed by the person prescribing on the
10 day when issued and bearing the name and address of the
11 patient for whom, or the owner of the animal for which the
12 controlled substance is dispensed, and the full name, address
13 and registry number under the laws of the United States
14 relating to controlled substances of the prescriber, if he is
15 required by those laws to be registered. If the prescription
16 is for an animal it shall state the species of animal for
17 which it is ordered. The practitioner filling the
18 prescription shall write the date of filling and his own
19 signature on the face of the written official prescription
20 form. The official prescription form or the written
21 prescription shall be retained on file by the practitioner
22 who filled it or pharmacy in which the prescription was
23 filled for a period of 2 years, so as to be readily
24 accessible for inspection or removal by any officer or
25 employee engaged in the enforcement of this Act. Whenever
26 the practitioner's or pharmacy's copy of any prescription
27 form is removed by an officer or employee engaged in the
28 enforcement of this Act, for the purpose of investigation or
29 as evidence, such officer or employee shall give to the
30 practitioner or pharmacy a receipt in lieu thereof. A
31 prescription form for a Schedule II controlled substance
32 shall not be filled more than 7 days after the date of
33 issuance. A written prescription for Schedule III, IV or V
34 controlled substances shall not be filled or refilled more
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1 than 6 months after the date thereof or refilled more than 5
2 times unless renewed, in writing, by the prescriber.
3 (b) In lieu of a written prescription required by this
4 Section, a pharmacist, in good faith, may dispense Schedule
5 III, IV, or V substances to any person either upon receiving
6 a facsimile of a written, signed prescription transmitted by
7 the prescriber or the prescriber's agent or upon a lawful
8 oral prescription of a prescriber which oral prescription
9 shall be reduced promptly to writing by the pharmacist and
10 such written memorandum thereof shall be dated on the day
11 when such oral prescription is received by the pharmacist and
12 shall bear the full name and address of the ultimate user for
13 whom, or of the owner of the animal for which the controlled
14 substance is dispensed, and the full name, address, and
15 registry number under the law of the United States relating
16 to controlled substances of the prescriber prescribing if he
17 is required by those laws to be so registered, and the
18 pharmacist filling such oral prescription shall write the
19 date of filling and his own signature on the face of such
20 written memorandum thereof. The facsimile copy of the
21 prescription or written memorandum of the oral prescription
22 shall be retained on file by the proprietor of the pharmacy
23 in which it is filled for a period of not less than two
24 years, so as to be readily accessible for inspection by any
25 officer or employee engaged in the enforcement of this Act in
26 the same manner as a written prescription. The facsimile
27 copy of the prescription or oral prescription and the written
28 memorandum thereof shall not be filled or refilled more than
29 6 months after the date thereof or be refilled more than 5
30 times, unless renewed, in writing, by the prescriber.
31 (c) A controlled substance included in Schedule V shall
32 not be distributed or dispensed other than for a medical
33 purpose and not for the purpose of evading this Act, and
34 then:
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1 (1) only personally by a person registered to
2 dispense a Schedule V controlled substance and then only
3 to his patients, or
4 (2) only personally by a pharmacist, and then only
5 to a person over 21 years of age who has identified
6 himself to the pharmacist by means of 2 positive
7 documents of identification.
8 (3) the dispenser shall record the name and address
9 of the purchaser, the name and quantity of the product,
10 the date and time of the sale, and the dispenser's
11 signature.
12 (4) no person shall purchase or be dispensed more
13 than 120 milliliters or more than 120 grams of any
14 Schedule V substance which contains codeine,
15 dihydrocodeine, or any salts thereof, or ethylmorphine,
16 or any salts thereof, in any 96 hour period. The
17 purchaser shall sign a form, approved by the Department
18 of Professional Regulation, attesting that he has not
19 purchased any Schedule V controlled substances within the
20 immediately preceding 96 hours.
21 (5) a copy of the records of sale, including all
22 information required by paragraph (3), shall be forwarded
23 to the Department of Professional Regulation at its
24 principal office by the 15th day of the following month.
25 (6) all records of purchases and sales shall be
26 maintained for not less than 2 years.
27 (7) no person shall obtain or attempt to obtain
28 within any consecutive 96 hour period any Schedule V
29 substances of more than 120 milliliters or more than 120
30 grams containing codeine, dihydrocodeine or any of its
31 salts, or ethylmorphine or any of its salts. Any person
32 obtaining any such preparations or combination of
33 preparations in excess of this limitation shall be in
34 unlawful possession of such controlled substance.
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1 (8) a person qualified to dispense controlled
2 substances under this Act and registered thereunder shall
3 at no time maintain or keep in stock a quantity of
4 Schedule V controlled substances defined and listed in
5 Section 212 (b) (1), (2) or (3) in excess of 4.5 liters
6 for each substance; a pharmacy shall at no time maintain
7 or keep in stock a quantity of Schedule V controlled
8 substances as defined in excess of 4.5 liters for each
9 substance, plus the additional quantity of controlled
10 substances necessary to fill the largest number of
11 prescription orders filled by that pharmacy for such
12 controlled substances in any one week in the previous
13 year. These limitations shall not apply to Schedule V
14 controlled substances which Federal law prohibits from
15 being dispensed without a prescription.
16 (9) no person shall distribute or dispense butyl
17 nitrite for inhalation or other introduction into the
18 human body for euphoric or physical effect.
19 (d) Every practitioner shall keep a record of controlled
20 substances received by him and a record of all such
21 controlled substances administered, dispensed or
22 professionally used by him otherwise than by prescription.
23 It shall, however, be sufficient compliance with this
24 paragraph if any practitioner utilizing controlled substances
25 listed in Schedules III, IV and V shall keep a record of all
26 those substances dispensed and distributed by him other than
27 those controlled substances which are administered by the
28 direct application of a controlled substance, whether by
29 injection, inhalation, ingestion, or any other means to the
30 body of a patient or research subject. A practitioner who
31 dispenses, other than by administering, a controlled
32 substance in Schedule II, which is a narcotic drug listed in
33 Section 206 of this Act, or which contains any quantity of
34 amphetamine or methamphetamine, their salts, optical isomers
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1 or salts of optical isomers, pentazocine, methaqualone, or
2 which is hereafter determined to be a "designated product" as
3 defined in Section 102 of this Act, shall do so only upon the
4 issuance of a written an official prescription blank by a
5 prescriber; and every practitioner who so dispenses such
6 designated products shall comply with the provisions of
7 Sections 310 and 311 of this Act.
8 (e) Whenever a manufacturer distributes a controlled
9 substance in a package prepared by him, and whenever a
10 wholesale distributor distributes a controlled substance in a
11 package prepared by him or the manufacturer, he shall
12 securely affix to each package in which that substance is
13 contained a label showing in legible English the name and
14 address of the manufacturer, the distributor and the
15 quantity, kind and form of controlled substance contained
16 therein. No person except a pharmacist and only for the
17 purposes of filling a prescription under this Act, shall
18 alter, deface or remove any label so affixed.
19 (f) Whenever a practitioner dispenses any controlled
20 substance, he shall affix to the container in which such
21 substance is sold or dispensed, a label indicating the date
22 of initial filling, the practitioner's name and address, the
23 serial number of the prescription, the name of the patient,
24 the name of the prescriber, the directions for use and
25 cautionary statements, if any, contained in any prescription
26 or required by law, the proprietary name or names or the
27 established name of the controlled substance, and the dosage
28 and quantity, except as otherwise authorized by regulation by
29 the Department of Professional Regulation. No person shall
30 alter, deface or remove any label so affixed.
31 (g) A person to whom or for whose use any controlled
32 substance has been prescribed or dispensed by a practitioner,
33 or other persons authorized under this Act, and the owner of
34 any animal for which such substance has been prescribed or
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1 dispensed by a veterinarian, may lawfully possess such
2 substance only in the container in which it was delivered to
3 him by the person dispensing such substance.
4 (h) The responsibility for the proper prescribing or
5 dispensing of controlled substances is upon the prescriber
6 and the responsibility for the proper filling of a
7 prescription for controlled substance drugs rests with the
8 pharmacist. An order purporting to be a prescription issued
9 to any individual, which is not in the regular course of
10 professional treatment nor part of an authorized methadone
11 maintenance program, nor in legitimate and authorized
12 research instituted by any accredited hospital, educational
13 institution, charitable foundation, or federal, state or
14 local governmental agency, and which is intended to provide
15 that individual with controlled substances sufficient to
16 maintain that individual's or any other individual's physical
17 or psychological addiction, habitual or customary use,
18 dependence, or diversion of that controlled substance is not
19 a prescription within the meaning and intent of this Act; and
20 the person issuing it, shall be subject to the penalties
21 provided for violations of the law relating to controlled
22 substances.
23 (i) A prescriber shall not preprint or cause to be
24 preprinted a prescription for any controlled substance; nor
25 shall any practitioner issue, fill or cause to be issued or
26 filled, a preprinted prescription for any controlled
27 substance.
28 (j) No person shall manufacture, dispense, deliver,
29 possess with intent to deliver, prescribe, or administer or
30 cause to be administered under his direction any anabolic
31 steroid, for any use in humans other than the treatment of
32 disease in accordance with the order of a physician licensed
33 to practice medicine in all its branches for a valid medical
34 purpose in the course of professional practice. The use of
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1 anabolic steroids for the purpose of hormonal manipulation
2 that is intended to increase muscle mass, strength or weight
3 without a medical necessity to do so, or for the intended
4 purpose of improving physical appearance or performance in
5 any form of exercise, sport, or game, is not a valid medical
6 purpose or in the course of professional practice.
7 (Source: P.A. 89-202, eff. 10-1-95; 90-253, eff. 7-29-97.)
8 (720 ILCS 570/316 new)
9 Sec. 316. Controlled substance prescription monitoring
10 program.
11 The Department must provide for a controlled substance
12 prescription monitoring program that includes the following
13 components:
14 (1) Each time a controlled substance designated by the
15 Department is dispensed, the dispenser must transmit to the
16 central repository the following information:
17 (A) The recipient's name.
18 (B) The recipient's address.
19 (C) The national drug code number of the controlled
20 substance dispensed.
21 (D) The date the controlled substance is dispensed.
22 (E) The quantity of the controlled substance
23 dispensed.
24 (F) The number of days of supply dispensed.
25 (G) The dispenser's United States Drug Enforcement
26 Agency registration number.
27 (H) The prescriber's United States Drug Enforcement
28 Agency registration number.
29 (2) The information required to be transmitted under
30 this Section must be transmitted not more than 15 days after
31 the date on which a controlled substance is dispensed.
32 (3) A dispenser must transmit the information required
33 under this Section by:
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1 (A) an electronic device compatible with the
2 receiving device of the central repository;
3 (B) a computer diskette;
4 (C) a magnetic tape; or
5 (D) a pharmacy universal claim form or Pharmacy
6 Inventory Control form;
7 that meets specifications prescribed by the Department.
8 (720 ILCS 570/317 new)
9 Sec. 317. Central repository for collection of
10 information.
11 (a) The Department must designate a central repository
12 for the collection of information transmitted under Section
13 316.
14 (b) The central repository must do the following:
15 (1) Create a database for information required to
16 be transmitted under Section 316 in the form required
17 under rules adopted by the Department, including search
18 capability for the following:
19 (A) A recipient's name.
20 (B) A recipient's address.
21 (C) The national drug code number of a
22 controlled substance dispensed.
23 (D) The dates a controlled substance is
24 dispensed.
25 (E) The quantities of a controlled substance
26 dispensed.
27 (F) The number of days of supply dispensed.
28 (G) A dispenser's United States Drug
29 Enforcement Agency registration number.
30 (H) A prescriber's United States Drug
31 Enforcement Agency registration number.
32 (2) Provide the Department with continuing 24 hour a
33 day on-line access to the database maintained by the
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1 central repository. The Department of Professional
2 Regulation must provide the Department with 24 hour
3 on-line access to the license information of a prescriber
4 or dispenser.
5 (3) Secure the information collected by the central
6 repository and the database maintained by the central
7 repository against access by unauthorized persons.
8 (720 ILCS 570/318 new)
9 Sec. 318. Confidentiality of information.
10 (a) Information received by the central repository under
11 Section 316 is confidential.
12 (b) The Department must carry out a program to protect
13 the confidentiality of the information described in
14 subsection (a). The Department may disclose the information
15 to another person only under subsection (c), (d), or (f) and
16 for a fee not to exceed the actual cost of furnishing the
17 information.
18 (c) The Department may disclose confidential information
19 described in subsection (a) to any person who is engaged in
20 receiving, processing, or storing the information.
21 (d) The Department may release confidential information
22 described in subsection (a) to the following persons:
23 (1) A governing body that licenses practitioners and
24 is engaged in an investigation, an adjudication, or a
25 prosecution of a violation under any state or federal law
26 that involves a controlled substance.
27 (2) An investigator for the Consumer Protection
28 Division of the office of the Attorney General, a
29 prosecuting attorney, the Attorney General, a deputy
30 Attorney General, or an investigator from the office of
31 the Attorney General, who is engaged in:
32 (A) an investigation;
33 (B) an adjudication; or
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1 (C) a prosecution of a violation under any
2 state or federal law that involves a controlled
3 substance.
4 (3) A law enforcement officer who is:
5 (A) authorized by the Department of State
6 Police to receive information of the type requested;
7 (B) approved by the Department to receive
8 information of the type requested; and
9 (C) engaged in the investigation or prosecution
10 of a violation under any State or federal law that
11 involves a controlled substance.
12 (e) Before the Department releases confidential
13 information under subsection (d), the applicant must
14 demonstrate to the Department that:
15 (1) the applicant has reason to believe that a
16 violation under any state or federal law that involves a
17 controlled substance has occurred; and
18 (2) the requested information is reasonably related
19 to the investigation, adjudication, or prosecution of the
20 violation described in subdivision (1).
21 (f) The Department may release to:
22 (1) a governing body that licenses practitioners;
23 (2) an investigator for the Consumer Protection
24 Division of the office of the Attorney General, a
25 prosecuting attorney, the Attorney General, a deputy
26 Attorney General, or an investigator from the office of
27 the Attorney General; or
28 (3) a law enforcement officer who is:
29 (A) authorized by the Department of State
30 Police to receive the type of information released;
31 and
32 (B) approved by the Department to receive the
33 type of information released;
34 confidential information generated from computer records that
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1 identifies practitioners who are prescribing or dispensing
2 large quantities of a controlled substance.
3 (g) The information described in subsection (f) may not
4 be released until it has been reviewed by an employee of the
5 Department who is licensed as a prescriber or dispenser and
6 until that employee has certified that further investigation
7 is warranted. However, failure to comply with this subsection
8 (g) does not invalidate the use of any evidence that is
9 otherwise admissible in a proceeding described in subsection
10 (h).
11 (h) An investigator or a law enforcement officer
12 receiving confidential information under subsection (c), (d),
13 or (f) may disclose the information to a law enforcement
14 officer or an attorney for the office of the Attorney General
15 for use as evidence in the following:
16 (1) A proceeding under any state or federal law that
17 involves a controlled substance.
18 (2) A criminal proceeding or a proceeding in
19 juvenile court that involves a controlled substance.
20 (i) The Department may compile statistical reports from
21 the information described in subsection (a). The reports must
22 not include information that identifies any practitioner,
23 ultimate user, or other person administering a controlled
24 substance.
25 (720 ILCS 570/319 new)
26 Sec. 319. Rules. The Department must adopt rules under
27 the Illinois Administrative Procedure Act to implement
28 Sections 316 through 318, including the following:
29 (1) Information collection and retrieval procedures
30 for the central repository, including the controlled
31 substances to be included in the program required under
32 Section 316.
33 (2) Design for the creation of the database required
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1 under Section 317.
2 (3) Requirements for the development and
3 installation of on-line electronic access by the
4 Department to information collected by the central
5 repository.
6 (720 ILCS 570/320 new)
7 Sec. 320. Advisory committee.
8 (a) The Secretary of Human Services must appoint an
9 advisory committee to assist the Department in implementing
10 the controlled substance prescription monitoring program
11 created by Section 316 of this Act.
12 (b) The Secretary of Human Services must determine the
13 number of members to serve on the advisory committee. The
14 Secretary must choose one of the members of the advisory
15 committee to serve as chair of the committee.
16 (c) The advisory committee may appoint its other
17 officers as it deems appropriate.
18 (d) The members of the advisory committee shall receive
19 no compensation for their services as members of the advisory
20 committee but may be reimbursed for their actual expenses
21 incurred in serving on the advisory committee.
22 (720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
23 Sec. 406. (a) It is unlawful for any person:
24 (1) who is subject to Article III knowingly to
25 distribute or dispense a controlled substance in violation of
26 Sections 308 through 314 of this Act; or
27 (2) who is a registrant, to manufacture a controlled
28 substance not authorized by his registration, or to
29 distribute or dispense a controlled substance not authorized
30 by his registration to another registrant or other authorized
31 person; or
32 (3) to refuse or fail to make, keep or furnish any
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1 record, notification, order form, statement, invoice or
2 information required under this Act; or
3 (4) to refuse an entry into any premises for any
4 inspection authorized by this Act; or
5 (5) knowingly to keep or maintain any store, shop,
6 warehouse, dwelling, building, vehicle, boat, aircraft, or
7 other structure or place, which is resorted to by a person
8 unlawfully possessing controlled substances, or which is used
9 for possessing, manufacturing, dispensing or distributing
10 controlled substances in violation of this Act.
11 Any person who violates this subsection (a) is guilty of
12 a Class A misdemeanor for the first offense and a Class 4
13 felony for each subsequent offense. The fine for each
14 subsequent offense shall not be more than $100,000. In
15 addition, any practitioner who is found guilty of violating
16 this subsection (a) is subject to suspension and revocation
17 of his professional license, in accordance with such
18 procedures as are provided by law for the taking of
19 disciplinary action with regard to the license of said
20 practitioner's profession.
21 (b) It is unlawful for any person knowingly:
22 (1) to distribute, as a registrant, a controlled
23 substance classified in Schedule I or II, except pursuant to
24 an order form as required by Section 307 of this Act; or
25 (2) to use, in the course of the manufacture or
26 distribution of a controlled substance, a registration number
27 which is fictitious, revoked, suspended, or issued to another
28 person; or
29 (3) to acquire or obtain possession of a controlled
30 substance by misrepresentation, fraud, forgery, deception or
31 subterfuge; or
32 (4) to furnish false or fraudulent material information
33 in, or omit any material information from, any application,
34 report or other document required to be kept or filed under
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1 this Act, or any record required to be kept by this Act; or
2 (5) to make, distribute or possess any punch, die,
3 plate, stone or other thing designed to print, imprint or
4 reproduce the trademark, trade name or other identifying
5 mark, imprint or device of another, or any likeness of any of
6 the foregoing, upon any controlled substance or container or
7 labeling thereof so as to render the drug a counterfeit
8 substance; or
9 (6) to possess without authorization, official blank
10 prescription forms or counterfeit prescription forms; or
11 (7) to issue a prescription or fill any prescription for
12 a controlled substance other than on the appropriate lawful
13 prescription form. However, in the case of any epidemic or a
14 sudden or unforeseen accident or calamity, the prescriber may
15 issue a prescription on a form other than the official
16 prescription form issued by the Department, where failure to
17 issue such a prescription might result in loss of life or
18 intense suffering, but such prescription shall have endorsed
19 thereon, by the prescriber, a statement concerning the
20 accident, calamity or circumstance constituting the
21 emergency, the cause of which the unofficial blank was used.
22 Any person who violates this subsection (b) is guilty of
23 a Class 4 felony for the first offense and a Class 3 felony
24 for each subsequent offense. The fine for the first offense
25 shall be not more than $100,000. The fine for each
26 subsequent offense shall not be more than $200,000.
27 (c) A person who knowingly or intentionally violates
28 Section 316, 317, 318, or 319 is guilty of a Class A
29 misdemeanor.
30 (Source: P.A. 85-1287.)
31 (720 ILCS 570/308 rep.)
32 (720 ILCS 570/310 rep.)
33 (720 ILCS 570/311 rep.)
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1 Section 10. The Illinois Controlled Substances Act is
2 amended by repealing Sections 308, 310, and 311.