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91_SB0013sam001
LRB9100300RCksam01
1 AMENDMENT TO SENATE BILL 13
2 AMENDMENT NO. . Amend Senate Bill 13 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Controlled Substances Act is
5 amended by changing Sections 309, 312, and 406 and by adding
6 Sections 316, 317, 318, 319, and 320 as follows:
7 (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
8 Sec. 309. No person shall issue a prescription for a
9 Schedule II controlled substance, which is a narcotic drug
10 listed in Section 206 of this Act; or which contains any
11 quantity of amphetamine or methamphetamine, their salts,
12 optical isomers or salts of optical isomers; phenmetrazine
13 and its salts; gluthethimide; pentazocine; or which is
14 hereafter determined to be a "designated product," as defined
15 in Section 102 of this Act, other than on a written the
16 official prescription blank issued by the Department and no
17 person shall fill any such prescription other than on the
18 official prescription blank issued by the Department;
19 provided that in the case of an emergency, epidemic or a
20 sudden or unforeseen accident or calamity, the prescriber may
21 issue a lawful oral prescription or transmit via facsimile
22 equipment a written prescription order or a written
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1 prescription on a blank other than the official prescription
2 blank issued by the Department where failure to issue such a
3 prescription might result in loss of life or intense
4 suffering, but such oral prescription shall include a
5 statement have endorsed thereon by the prescriber a statement
6 the unofficial blank was used. Within 72 hours
9 after issuing an emergency prescription, the prescriber shall
10 cause a written prescription on the official prescription
11 blank for the emergency quantity prescribed to be delivered
12 to the dispensing pharmacist. The prescription shall have
13 written on its face "Authorization for Emergency Dispensing",
14 and the date of the emergency prescription. The written
15 prescription on the official prescription blank may be
16 delivered to the pharmacist in person, or by mail or via
17 facsimile equipment, but if delivered by mail it must be
18 postmarked within the 72-hour period. Upon receipt, the
19 dispensing pharmacist shall attach this prescription to the
20 emergency oral prescription earlier received and , or in the
21 case of an oral prescription, reduced to writing. The
22 dispensing pharmacist shall notify the Department of Human
23 Services if the prescriber fails to deliver the authorization
24 for emergency dispensing on the official prescription blank
25 to him. Failure of the dispensing pharmacist to do so shall
26 void the authority conferred by this paragraph to dispense
27 without a written prescription on an official prescription
28 blank of a prescriber. All prescriptions on the official
29 blanks shall be written in triplicate and all three copies
30 signed by the prescriber. All prescriptions issued for
31 Schedule II controlled substances shall include both a
32 written and numerical notation of quantity on the face of the
33 prescription. No prescription for a Schedule II controlled
34 substance may be refilled.
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1 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
2 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
3 Sec. 312. Requirements for dispensing controlled
4 substances.
5 (a) A practitioner, in good faith, may dispense a
6 Schedule II controlled substance, which is a narcotic drug
7 listed in Section 206 of this Act; or which contains any
8 quantity of amphetamine or methamphetamine, their salts,
9 optical isomers or salts of optical isomers; phenmetrazine
10 and its salts; pentazocine; or which is hereafter determined
11 to be a "designated product," as defined in Section 102 of
12 this Act to any person upon an official prescription form and
13 Schedule III, IV, or V controlled substances to any person
14 upon a written prescription of any prescriber, dated and
15 signed by the person prescribing on the day when issued and
16 bearing the name and address of the patient for whom, or the
17 owner of the animal for which the controlled substance is
18 dispensed, and the full name, address and registry number
19 under the laws of the United States relating to controlled
20 substances of the prescriber, if he is required by those laws
21 to be registered. If the prescription is for an animal it
22 shall state the species of animal for which it is ordered.
23 The practitioner filling the prescription shall write the
24 date of filling and his own signature on the face of the
25 written official prescription form. The official prescription
26 form or the written prescription shall be retained on file by
27 the practitioner who filled it or pharmacy in which the
28 prescription was filled for a period of 2 years, so as to be
29 readily accessible for inspection or removal by any officer
30 or employee engaged in the enforcement of this Act. Whenever
31 the practitioner's or pharmacy's copy of any prescription
32 form is removed by an officer or employee engaged in the
33 enforcement of this Act, for the purpose of investigation or
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1 as evidence, such officer or employee shall give to the
2 practitioner or pharmacy a receipt in lieu thereof. A
3 prescription form for a Schedule II controlled substance
4 shall not be filled more than 7 days after the date of
5 issuance. A written prescription for Schedule III, IV or V
6 controlled substances shall not be filled or refilled more
7 than 6 months after the date thereof or refilled more than 5
8 times unless renewed, in writing, by the prescriber.
9 (b) In lieu of a written prescription required by this
10 Section, a pharmacist, in good faith, may dispense Schedule
11 III, IV, or V substances to any person either upon receiving
12 a facsimile of a written, signed prescription transmitted by
13 the prescriber or the prescriber's agent or upon a lawful
14 oral prescription of a prescriber which oral prescription
15 shall be reduced promptly to writing by the pharmacist and
16 such written memorandum thereof shall be dated on the day
17 when such oral prescription is received by the pharmacist and
18 shall bear the full name and address of the ultimate user for
19 whom, or of the owner of the animal for which the controlled
20 substance is dispensed, and the full name, address, and
21 registry number under the law of the United States relating
22 to controlled substances of the prescriber prescribing if he
23 is required by those laws to be so registered, and the
24 pharmacist filling such oral prescription shall write the
25 date of filling and his own signature on the face of such
26 written memorandum thereof. The facsimile copy of the
27 prescription or written memorandum of the oral prescription
28 shall be retained on file by the proprietor of the pharmacy
29 in which it is filled for a period of not less than two
30 years, so as to be readily accessible for inspection by any
31 officer or employee engaged in the enforcement of this Act in
32 the same manner as a written prescription. The facsimile
33 copy of the prescription or oral prescription and the written
34 memorandum thereof shall not be filled or refilled more than
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1 6 months after the date thereof or be refilled more than 5
2 times, unless renewed, in writing, by the prescriber.
3 (c) A controlled substance included in Schedule V shall
4 not be distributed or dispensed other than for a medical
5 purpose and not for the purpose of evading this Act, and
6 then:
7 (1) only personally by a person registered to
8 dispense a Schedule V controlled substance and then only
9 to his patients, or
10 (2) only personally by a pharmacist, and then only
11 to a person over 21 years of age who has identified
12 himself to the pharmacist by means of 2 positive
13 documents of identification.
14 (3) the dispenser shall record the name and address
15 of the purchaser, the name and quantity of the product,
16 the date and time of the sale, and the dispenser's
17 signature.
18 (4) no person shall purchase or be dispensed more
19 than 120 milliliters or more than 120 grams of any
20 Schedule V substance which contains codeine,
21 dihydrocodeine, or any salts thereof, or ethylmorphine,
22 or any salts thereof, in any 96 hour period. The
23 purchaser shall sign a form, approved by the Department
24 of Professional Regulation, attesting that he has not
25 purchased any Schedule V controlled substances within the
26 immediately preceding 96 hours.
27 (5) a copy of the records of sale, including all
28 information required by paragraph (3), shall be forwarded
29 to the Department of Professional Regulation at its
30 principal office by the 15th day of the following month.
31 (6) all records of purchases and sales shall be
32 maintained for not less than 2 years.
33 (7) no person shall obtain or attempt to obtain
34 within any consecutive 96 hour period any Schedule V
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1 substances of more than 120 milliliters or more than 120
2 grams containing codeine, dihydrocodeine or any of its
3 salts, or ethylmorphine or any of its salts. Any person
4 obtaining any such preparations or combination of
5 preparations in excess of this limitation shall be in
6 unlawful possession of such controlled substance.
7 (8) a person qualified to dispense controlled
8 substances under this Act and registered thereunder shall
9 at no time maintain or keep in stock a quantity of
10 Schedule V controlled substances defined and listed in
11 Section 212 (b) (1), (2) or (3) in excess of 4.5 liters
12 for each substance; a pharmacy shall at no time maintain
13 or keep in stock a quantity of Schedule V controlled
14 substances as defined in excess of 4.5 liters for each
15 substance, plus the additional quantity of controlled
16 substances necessary to fill the largest number of
17 prescription orders filled by that pharmacy for such
18 controlled substances in any one week in the previous
19 year. These limitations shall not apply to Schedule V
20 controlled substances which Federal law prohibits from
21 being dispensed without a prescription.
22 (9) no person shall distribute or dispense butyl
23 nitrite for inhalation or other introduction into the
24 human body for euphoric or physical effect.
25 (d) Every practitioner shall keep a record of controlled
26 substances received by him and a record of all such
27 controlled substances administered, dispensed or
28 professionally used by him otherwise than by prescription.
29 It shall, however, be sufficient compliance with this
30 paragraph if any practitioner utilizing controlled substances
31 listed in Schedules III, IV and V shall keep a record of all
32 those substances dispensed and distributed by him other than
33 those controlled substances which are administered by the
34 direct application of a controlled substance, whether by
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1 injection, inhalation, ingestion, or any other means to the
2 body of a patient or research subject. A practitioner who
3 dispenses, other than by administering, a controlled
4 substance in Schedule II, which is a narcotic drug listed in
5 Section 206 of this Act, or which contains any quantity of
6 amphetamine or methamphetamine, their salts, optical isomers
7 or salts of optical isomers, pentazocine, methaqualone, or
8 which is hereafter determined to be a "designated product" as
9 defined in Section 102 of this Act, shall do so only upon the
10 issuance of a written an official prescription blank by a
11 prescriber; and every practitioner who so dispenses such
12 designated products shall comply with the provisions of
13 Sections 310 and 311 of this Act.
14 (e) Whenever a manufacturer distributes a controlled
15 substance in a package prepared by him, and whenever a
16 wholesale distributor distributes a controlled substance in a
17 package prepared by him or the manufacturer, he shall
18 securely affix to each package in which that substance is
19 contained a label showing in legible English the name and
20 address of the manufacturer, the distributor and the
21 quantity, kind and form of controlled substance contained
22 therein. No person except a pharmacist and only for the
23 purposes of filling a prescription under this Act, shall
24 alter, deface or remove any label so affixed.
25 (f) Whenever a practitioner dispenses any controlled
26 substance, he shall affix to the container in which such
27 substance is sold or dispensed, a label indicating the date
28 of initial filling, the practitioner's name and address, the
29 serial number of the prescription, the name of the patient,
30 the name of the prescriber, the directions for use and
31 cautionary statements, if any, contained in any prescription
32 or required by law, the proprietary name or names or the
33 established name of the controlled substance, and the dosage
34 and quantity, except as otherwise authorized by regulation by
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1 the Department of Professional Regulation. No person shall
2 alter, deface or remove any label so affixed.
3 (g) A person to whom or for whose use any controlled
4 substance has been prescribed or dispensed by a practitioner,
5 or other persons authorized under this Act, and the owner of
6 any animal for which such substance has been prescribed or
7 dispensed by a veterinarian, may lawfully possess such
8 substance only in the container in which it was delivered to
9 him by the person dispensing such substance.
10 (h) The responsibility for the proper prescribing or
11 dispensing of controlled substances is upon the prescriber
12 and the responsibility for the proper filling of a
13 prescription for controlled substance drugs rests with the
14 pharmacist. An order purporting to be a prescription issued
15 to any individual, which is not in the regular course of
16 professional treatment nor part of an authorized methadone
17 maintenance program, nor in legitimate and authorized
18 research instituted by any accredited hospital, educational
19 institution, charitable foundation, or federal, state or
20 local governmental agency, and which is intended to provide
21 that individual with controlled substances sufficient to
22 maintain that individual's or any other individual's physical
23 or psychological addiction, habitual or customary use,
24 dependence, or diversion of that controlled substance is not
25 a prescription within the meaning and intent of this Act; and
26 the person issuing it, shall be subject to the penalties
27 provided for violations of the law relating to controlled
28 substances.
29 (i) A prescriber shall not preprint or cause to be
30 preprinted a prescription for any controlled substance; nor
31 shall any practitioner issue, fill or cause to be issued or
32 filled, a preprinted prescription for any controlled
33 substance.
34 (j) No person shall manufacture, dispense, deliver,
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1 possess with intent to deliver, prescribe, or administer or
2 cause to be administered under his direction any anabolic
3 steroid, for any use in humans other than the treatment of
4 disease in accordance with the order of a physician licensed
5 to practice medicine in all its branches for a valid medical
6 purpose in the course of professional practice. The use of
7 anabolic steroids for the purpose of hormonal manipulation
8 that is intended to increase muscle mass, strength or weight
9 without a medical necessity to do so, or for the intended
10 purpose of improving physical appearance or performance in
11 any form of exercise, sport, or game, is not a valid medical
12 purpose or in the course of professional practice.
13 (Source: P.A. 89-202, eff. 10-1-95; 90-253, eff. 7-29-97.)
14 (720 ILCS 570/316 new)
15 Sec. 316. Controlled substance prescription monitoring
16 program.
17 The Department must provide for a controlled substance
18 prescription monitoring program that includes the following
19 components:
20 (1) Each time a controlled substance designated by the
21 Department is dispensed, the dispenser must transmit to the
22 central repository the following information:
23 (A) The recipient's name.
24 (B) The recipient's address.
25 (C) The national drug code number of the controlled
26 substance dispensed.
27 (D) The date the controlled substance is dispensed.
28 (E) The quantity of the controlled substance
29 dispensed.
30 (F) The number of days of supply dispensed.
31 (G) The dispenser's United States Drug Enforcement
32 Agency registration number.
33 (H) The prescriber's United States Drug Enforcement
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1 Agency registration number.
2 (2) The information required to be transmitted under
3 this Section must be transmitted not more than 15 days after
4 the date on which a controlled substance is dispensed.
5 (3) A dispenser must transmit the information required
6 under this Section by:
7 (A) an electronic device compatible with the
8 receiving device of the central repository;
9 (B) a computer diskette;
10 (C) a magnetic tape; or
11 (D) a pharmacy universal claim form or Pharmacy
12 Inventory Control form;
13 that meets specifications prescribed by the Department.
14 (720 ILCS 570/317 new)
15 Sec. 317. Central repository for collection of
16 information.
17 (a) The Department must designate a central repository
18 for the collection of information transmitted under Section
19 316.
20 (b) The central repository must do the following:
21 (1) Create a database for information required to
22 be transmitted under Section 316 in the form required
23 under rules adopted by the Department, including search
24 capability for the following:
25 (A) A recipient's name.
26 (B) A recipient's address.
27 (C) The national drug code number of a
28 controlled substance dispensed.
29 (D) The dates a controlled substance is
30 dispensed.
31 (E) The quantities of a controlled substance
32 dispensed.
33 (F) The number of days of supply dispensed.
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1 (G) A dispenser's United States Drug
2 Enforcement Agency registration number.
3 (H) A prescriber's United States Drug
4 Enforcement Agency registration number.
5 (2) Provide the Department with continuing 24 hour a
6 day on-line access to the database maintained by the
7 central repository. The Department of Professional
8 Regulation must provide the Department with 24 hour
9 on-line access to the license information of a prescriber
10 or dispenser.
11 (3) Secure the information collected by the central
12 repository and the database maintained by the central
13 repository against access by unauthorized persons.
14 (720 ILCS 570/318 new)
15 Sec. 318. Confidentiality of information.
16 (a) Information received by the central repository under
17 Section 316 is confidential.
18 (b) The Department must carry out a program to protect
19 the confidentiality of the information described in
20 subsection (a). The Department may disclose the information
21 to another person only under subsection (c), (d), or (f) and
22 for a fee not to exceed the actual cost of furnishing the
23 information.
24 (c) The Department may disclose confidential information
25 described in subsection (a) to any person who is engaged in
26 receiving, processing, or storing the information.
27 (d) The Department may release confidential information
28 described in subsection (a) to the following persons:
29 (1) A governing body that licenses practitioners and
30 is engaged in an investigation, an adjudication, or a
31 prosecution of a violation under any state or federal law
32 that involves a controlled substance.
33 (2) An investigator for the Consumer Protection
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1 Division of the office of the Attorney General, a
2 prosecuting attorney, the Attorney General, a deputy
3 Attorney General, or an investigator from the office of
4 the Attorney General, who is engaged in any of the
5 following activities involving controlled substances:
6 (A) an investigation;
7 (B) an adjudication; or
8 (C) a prosecution of a violation under any
9 state or federal law that involves a controlled
10 substance.
11 (3) A law enforcement officer who is:
12 (A) authorized by the Department of State
13 Police to receive information of the type requested
14 for the purpose of investigations involving
15 controlled substances;
16 (B) approved by the Department to receive
17 information of the type requested for the purpose of
18 investigations involving controlled substances; and
19 (C) engaged in the investigation or prosecution
20 of a violation under any State or federal law that
21 involves a controlled substance.
22 (e) Before the Department releases confidential
23 information under subsection (d), the applicant must
24 demonstrate to the Department that:
25 (1) the applicant has reason to believe that a
26 violation under any state or federal law that involves a
27 controlled substance has occurred; and
28 (2) the requested information is reasonably related
29 to the investigation, adjudication, or prosecution of the
30 violation described in subdivision (1).
31 (f) The Department may release to:
32 (1) a governing body that licenses practitioners;
33 (2) an investigator for the Consumer Protection
34 Division of the office of the Attorney General, a
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1 prosecuting attorney, the Attorney General, a deputy
2 Attorney General, or an investigator from the office of
3 the Attorney General; or
4 (3) a law enforcement officer who is:
5 (A) authorized by the Department of State
6 Police to receive the type of information released;
7 and
8 (B) approved by the Department to receive the
9 type of information released;
10 confidential information generated from computer records that
11 identifies practitioners who are prescribing or dispensing
12 large quantities of a controlled substance as determined by
13 the Advisory Committee created by Section 320.
14 (g) The information described in subsection (f) may not
15 be released until it has been reviewed by an employee of the
16 Department who is licensed as a prescriber or a dispenser
17 and until that employee has certified that further
18 investigation is warranted. However, failure to comply with
19 this subsection (g) does not invalidate the use of any
20 evidence that is otherwise admissible in a proceeding
21 described in subsection (h).
22 (h) An investigator or a law enforcement officer
23 receiving confidential information under subsection (c), (d),
24 or (f) may disclose the information to a law enforcement
25 officer or an attorney for the office of the Attorney General
26 for use as evidence in the following:
27 (1) A proceeding under any state or federal law that
28 involves a controlled substance.
29 (2) A criminal proceeding or a proceeding in
30 juvenile court that involves a controlled substance.
31 (i) The Department may compile statistical reports from
32 the information described in subsection (a). The reports must
33 not include information that identifies any practitioner,
34 ultimate user, or other person administering a controlled
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1 substance.
2 (720 ILCS 570/319 new)
3 Sec. 319. Rules. The Department must adopt rules under
4 the Illinois Administrative Procedure Act to implement
5 Sections 316 through 318, including the following:
6 (1) Information collection and retrieval procedures
7 for the central repository, including the controlled
8 substances to be included in the program required under
9 Section 316.
10 (2) Design for the creation of the database required
11 under Section 317.
12 (3) Requirements for the development and
13 installation of on-line electronic access by the
14 Department to information collected by the central
15 repository.
16 (720 ILCS 570/320 new)
17 Sec. 320. Advisory committee.
18 (a) The Secretary of Human Services must appoint an
19 advisory committee to assist the Department in implementing
20 the controlled substance prescription monitoring program
21 created by Section 316 of this Act.
22 (b) The Secretary of Human Services must determine the
23 number of members to serve on the advisory committee. The
24 Secretary must choose one of the members of the advisory
25 committee to serve as chair of the committee.
26 (c) The advisory committee may appoint its other
27 officers as it deems appropriate.
28 (d) The members of the advisory committee shall receive
29 no compensation for their services as members of the advisory
30 committee but may be reimbursed for their actual expenses
31 incurred in serving on the advisory committee.
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1 (720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
2 Sec. 406. (a) It is unlawful for any person:
3 (1) who is subject to Article III knowingly to
4 distribute or dispense a controlled substance in violation of
5 Sections 308 through 314 of this Act; or
6 (2) who is a registrant, to manufacture a controlled
7 substance not authorized by his registration, or to
8 distribute or dispense a controlled substance not authorized
9 by his registration to another registrant or other authorized
10 person; or
11 (3) to refuse or fail to make, keep or furnish any
12 record, notification, order form, statement, invoice or
13 information required under this Act; or
14 (4) to refuse an entry into any premises for any
15 inspection authorized by this Act; or
16 (5) knowingly to keep or maintain any store, shop,
17 warehouse, dwelling, building, vehicle, boat, aircraft, or
18 other structure or place, which is resorted to by a person
19 unlawfully possessing controlled substances, or which is used
20 for possessing, manufacturing, dispensing or distributing
21 controlled substances in violation of this Act.
22 Any person who violates this subsection (a) is guilty of
23 a Class A misdemeanor for the first offense and a Class 4
24 felony for each subsequent offense. The fine for each
25 subsequent offense shall not be more than $100,000. In
26 addition, any practitioner who is found guilty of violating
27 this subsection (a) is subject to suspension and revocation
28 of his professional license, in accordance with such
29 procedures as are provided by law for the taking of
30 disciplinary action with regard to the license of said
31 practitioner's profession.
32 (b) It is unlawful for any person knowingly:
33 (1) to distribute, as a registrant, a controlled
34 substance classified in Schedule I or II, except pursuant to
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1 an order form as required by Section 307 of this Act; or
2 (2) to use, in the course of the manufacture or
3 distribution of a controlled substance, a registration number
4 which is fictitious, revoked, suspended, or issued to another
5 person; or
6 (3) to acquire or obtain possession of a controlled
7 substance by misrepresentation, fraud, forgery, deception or
8 subterfuge; or
9 (4) to furnish false or fraudulent material information
10 in, or omit any material information from, any application,
11 report or other document required to be kept or filed under
12 this Act, or any record required to be kept by this Act; or
13 (5) to make, distribute or possess any punch, die,
14 plate, stone or other thing designed to print, imprint or
15 reproduce the trademark, trade name or other identifying
16 mark, imprint or device of another, or any likeness of any of
17 the foregoing, upon any controlled substance or container or
18 labeling thereof so as to render the drug a counterfeit
19 substance; or
20 (6) to possess without authorization, official blank
21 prescription forms or counterfeit prescription forms; or
22 (7) (Blank). to issue a prescription or fill any
23 prescription for a controlled substance other than on the
24 appropriate lawful prescription form. However, in the case
25 of any epidemic or a sudden or unforeseen accident or
26 calamity, the prescriber may issue a prescription on a form
27 other than the official prescription form issued by the
28 Department, where failure to issue such a prescription might
29 result in loss of life or intense suffering, but such
30 prescription shall have endorsed thereon, by the prescriber,
31 a statement concerning the accident, calamity or circumstance
32 constituting the emergency, the cause of which the unofficial
33 blank was used.
34 Any person who violates this subsection (b) is guilty of
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1 a Class 4 felony for the first offense and a Class 3 felony
2 for each subsequent offense. The fine for the first offense
3 shall be not more than $100,000. The fine for each
4 subsequent offense shall not be more than $200,000.
5 (c) A person who knowingly or intentionally violates
6 Section 316, 317, 318, or 319 is guilty of a Class A
7 misdemeanor.
8 (Source: P.A. 85-1287.)
9 (720 ILCS 570/308 rep.)
10 (720 ILCS 570/310 rep.)
11 (720 ILCS 570/311 rep.)
12 Section 10. The Illinois Controlled Substances Act is
13 amended by repealing Sections 308, 310, and 311.".