97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3896

 

Introduced 12/11/2011, by Rep. Patricia R. Bellock

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to establish a prescription drug repository program, under which a healthcare facility may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Sets forth requirements that prescription drugs or supplies must meet in order to be accepted and dispensed under the program. Provides that no drugs or supplies donated under the prescription drug repository program may be resold. Provides that nothing in the Act requires that a pharmacy or pharmacist participate in the prescription drug repository program. Provides for civil and criminal immunity for drug and supply manufacturers and pharmacists in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. Amends the Pharmacy Practice Act, the Wholesale Drug Distribution Licensing Act, the Senior Pharmaceutical Assistance Act, the Illinois Food, Drug and Cosmetic Act, the Illinois Controlled Substances Act, and the Cannabis and Controlled Substances Tort Claims Act to provide that persons engaged in donating or accepting, or packaging, repackaging, or labeling, prescription drugs to the extent permitted or required under the Prescription Drug Repository Program Act are exempt from provisions of those other Acts that might prohibit or otherwise regulate such activity.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3896LRB097 14570 KTG 59426 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Prescription Drug Repository Program Act.
 
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Public Health.
8    "Dispense" has the meaning given to that term in the
9Pharmacy Practice Act.
10    "Healthcare facility" means an assisted living facility,
11hospice, rehabilitation facility, or long-term care facility.
12    "Pharmacist" means an individual licensed to engage in the
13practice of pharmacy under the Pharmacy Practice Act.
14    "Pharmacy" means a pharmacy registered in this State under
15the Pharmacy Practice Act.
16    "Practitioner" means a person licensed in this State to
17prescribe and administer drugs or licensed in another state and
18recognized by this State as a person authorized to prescribe
19and administer drugs.
20    "Prescription drug" means any prescribed drug that may be
21legally dispensed by a pharmacy. "Prescription drug" does not
22include drugs for the treatment of cancer that can only be
23dispensed to a patient registered with the drug manufacturer in

 

 

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1accordance with federal Food and Drug Administration
2requirements.
3    "Program" means the prescription drug repository program
4established under this Act.
 
5    Section 10. Prescription drug repository program. The
6Department shall establish and maintain a prescription drug
7repository program, under which a healthcare facility may
8donate a prescription drug or supplies needed to administer a
9prescription drug for use by an individual who meets
10appropriate eligibility criteria. Donations may be made on the
11premises of a pharmacy that elects to participate in the
12program and meets appropriate requirements. The pharmacy may
13charge an individual who receives a prescription drug or
14supplies needed to administer a prescription drug under this
15Act a handling fee that may not exceed an appropriate amount. A
16pharmacy that receives a donated prescription drug or supplies
17needed to administer a prescription drug under this Act may
18distribute the prescription drug or supplies to another
19eligible pharmacy for use under the program.
 
20    Section 15. Requirements for accepting and dispensing
21prescription drugs and supplies. A prescription drug or
22supplies needed to administer a prescription drug may be
23accepted and dispensed under the program only if all of the
24following requirements are met:

 

 

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1        (1) The prescription drug or supplies needed to
2    administer a prescription drug are in their original,
3    unopened, sealed, and tamper-evident unit-dose packaging
4    or, if packaged in single-unit doses, the single-unit-dose
5    packaging is unopened.
6        (2) The prescription drug bears an expiration date that
7    is later than 6 months after the date that the drug was
8    donated.
9        (3) The prescription drug or supplies needed to
10    administer a prescription drug are not adulterated or
11    misbranded, as determined by a pharmacist employed by, or
12    under contract with, the pharmacy where the drug or
13    supplies are accepted or dispensed. The pharmacist must
14    inspect the drug or supplies before the drug or supplies
15    are dispensed.
16        (4) The prescription drug or supplies needed to
17    administer a prescription drug are prescribed by a
18    practitioner for use by an eligible individual.
 
19    Section 20. Resale of donated drugs or supplies prohibited.
20No prescription drug or supplies needed to administer a
21prescription drug that are donated for use under this Act may
22be resold.
 
23    Section 25. Participation in program not required. Nothing
24in this Act requires that a pharmacy or pharmacist participate

 

 

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1in the prescription drug repository program.
 
2    Section 30. Immunity.
3    (a) Except in cases of willful and wanton misconduct, a
4manufacturer of a drug or supply is not subject to criminal or
5civil liability for injury, death, or loss to a person or
6property for matters related to the donation, acceptance, or
7dispensing of a prescription drug or supply manufactured by the
8manufacturer that is donated under this Act, including
9liability for failure to transfer or communicate product or
10consumer information or the expiration date of the donated
11prescription drug. The provisions of this subsection shall
12apply only to the donation, acceptance, or dispensing of drugs
13or supplies provided without fee or compensation, except for
14those fees made allowable under Section 10 of this Act.
15Immunity granted under this subsection is solely applicable to
16the donation, acceptance, or dispensing of a drug or supply
17under this Act and is not a general waiver of liability that
18would have existed under the original prescription.
19    (b) A pharmacist or other health care professional working
20in a pharmacy participating in the program dispensing,
21furnishing, or otherwise providing in good faith without fee or
22compensation donated prescription drugs to eligible
23individuals under this Act shall not be subject to professional
24or civil liability, except for willful or wanton misconduct.
 

 

 

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1    Section 90. The Pharmacy Practice Act is amended by
2changing Section 4 as follows:
 
3    (225 ILCS 85/4)  (from Ch. 111, par. 4124)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 4. Exemptions. Nothing contained in any Section of
6this Act shall apply to, or in any manner interfere with:
7    (a) the lawful practice of any physician licensed to
8practice medicine in all of its branches, dentist, podiatrist,
9veterinarian, or therapeutically or diagnostically certified
10optometrist within the limits of his or her license, or prevent
11him or her from supplying to his or her bona fide patients such
12drugs, medicines, or poisons as may seem to him appropriate;
13    (b) the sale of compressed gases;
14    (c) the sale of patent or proprietary medicines and
15household remedies when sold in original and unbroken packages
16only, if such patent or proprietary medicines and household
17remedies be properly and adequately labeled as to content and
18usage and generally considered and accepted as harmless and
19nonpoisonous when used according to the directions on the
20label, and also do not contain opium or coca leaves, or any
21compound, salt or derivative thereof, or any drug which,
22according to the latest editions of the following authoritative
23pharmaceutical treatises and standards, namely, The United
24States Pharmacopoeia/National Formulary (USP/NF), the United
25States Dispensatory, and the Accepted Dental Remedies of the

 

 

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1Council of Dental Therapeutics of the American Dental
2Association or any or either of them, in use on the effective
3date of this Act, or according to the existing provisions of
4the Federal Food, Drug, and Cosmetic Act and Regulations of the
5Department of Health and Human Services, Food and Drug
6Administration, promulgated thereunder now in effect, is
7designated, described or considered as a narcotic, hypnotic,
8habit forming, dangerous, or poisonous drug;
9    (d) the sale of poultry and livestock remedies in original
10and unbroken packages only, labeled for poultry and livestock
11medication;
12    (e) the sale of poisonous substances or mixture of
13poisonous substances, in unbroken packages, for nonmedicinal
14use in the arts or industries or for insecticide purposes;
15provided, they are properly and adequately labeled as to
16content and such nonmedicinal usage, in conformity with the
17provisions of all applicable federal, state and local laws and
18regulations promulgated thereunder now in effect relating
19thereto and governing the same, and those which are required
20under such applicable laws and regulations to be labeled with
21the word "Poison", are also labeled with the word "Poison"
22printed thereon in prominent type and the name of a readily
23obtainable antidote with directions for its administration;
24    (f) the delegation of limited prescriptive authority by a
25physician licensed to practice medicine in all its branches to
26a physician assistant under Section 7.5 of the Physician

 

 

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1Assistant Practice Act of 1987. This delegated authority under
2Section 7.5 of the Physician Assistant Practice Act of 1987
3may, but is not required to, include prescription of controlled
4substances, as defined in Article II of the Illinois Controlled
5Substances Act, in accordance with a written supervision
6agreement; and
7    (g) the delegation of prescriptive authority by a physician
8licensed to practice medicine in all its branches or a licensed
9podiatrist to an advanced practice nurse in accordance with a
10written collaborative agreement under Sections 65-35 and 65-40
11of the Nurse Practice Act; and .
12    (h) the donation or acceptance, or the packaging,
13repackaging, or labeling, of prescription drugs to the extent
14permitted or required under the Prescription Drug Repository
15Program Act.
16(Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09;
1796-268, eff. 8-11-09.)
 
18    Section 91. The Wholesale Drug Distribution Licensing Act
19is amended by changing Section 15 as follows:
 
20    (225 ILCS 120/15)  (from Ch. 111, par. 8301-15)
21    (Section scheduled to be repealed on January 1, 2013)
22    Sec. 15. Definitions. As used in this Act:
23    "Authentication" means the affirmative verification,
24before any wholesale distribution of a prescription drug

 

 

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1occurs, that each transaction listed on the pedigree has
2occurred.
3    "Authorized distributor of record" means a wholesale
4distributor with whom a manufacturer has established an ongoing
5relationship to distribute the manufacturer's prescription
6drug. An ongoing relationship is deemed to exist between a
7wholesale distributor and a manufacturer when the wholesale
8distributor, including any affiliated group of the wholesale
9distributor, as defined in Section 1504 of the Internal Revenue
10Code, complies with the following:
11        (1) The wholesale distributor has a written agreement
12    currently in effect with the manufacturer evidencing the
13    ongoing relationship; and
14        (2) The wholesale distributor is listed on the
15    manufacturer's current list of authorized distributors of
16    record, which is updated by the manufacturer on no less
17    than a monthly basis.
18    "Blood" means whole blood collected from a single donor and
19processed either for transfusion or further manufacturing.
20    "Blood component" means that part of blood separated by
21physical or mechanical means.
22    "Board" means the State Board of Pharmacy of the Department
23of Professional Regulation.
24    "Chain pharmacy warehouse" means a physical location for
25prescription drugs that acts as a central warehouse and
26performs intracompany sales or transfers of the drugs to a

 

 

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1group of chain or mail order pharmacies that have the same
2common ownership and control. Notwithstanding any other
3provision of this Act, a chain pharmacy warehouse shall be
4considered part of the normal distribution channel.
5    "Co-licensed partner or product" means an instance where
6one or more parties have the right to engage in the
7manufacturing or marketing of a prescription drug, consistent
8with the FDA's implementation of the Prescription Drug
9Marketing Act.
10    "Department" means the Department of Financial and
11Professional Regulation.
12    "Drop shipment" means the sale of a prescription drug to a
13wholesale distributor by the manufacturer of the prescription
14drug or that manufacturer's co-licensed product partner, that
15manufacturer's third party logistics provider, or that
16manufacturer's exclusive distributor or by an authorized
17distributor of record that purchased the product directly from
18the manufacturer or one of these entities whereby the wholesale
19distributor or chain pharmacy warehouse takes title but not
20physical possession of such prescription drug and the wholesale
21distributor invoices the pharmacy, chain pharmacy warehouse,
22or other person authorized by law to dispense or administer
23such drug to a patient and the pharmacy, chain pharmacy
24warehouse, or other authorized person receives delivery of the
25prescription drug directly from the manufacturer, that
26manufacturer's third party logistics provider, or that

 

 

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1manufacturer's exclusive distributor or from an authorized
2distributor of record that purchased the product directly from
3the manufacturer or one of these entities.
4    "Drug sample" means a unit of a prescription drug that is
5not intended to be sold and is intended to promote the sale of
6the drug.
7    "Facility" means a facility of a wholesale distributor
8where prescription drugs are stored, handled, repackaged, or
9offered for sale.
10    "FDA" means the United States Food and Drug Administration.
11    "Manufacturer" means a person licensed or approved by the
12FDA to engage in the manufacture of drugs or devices,
13consistent with the definition of "manufacturer" set forth in
14the FDA's regulations and guidances implementing the
15Prescription Drug Marketing Act. "Manufacturer" does not
16include anyone who is engaged in the packaging, repackaging, or
17labeling of prescription drugs only to the extent required
18under the Prescription Drug Repository Program Act.
19    "Manufacturer's exclusive distributor" means anyone who
20contracts with a manufacturer to provide or coordinate
21warehousing, distribution, or other services on behalf of a
22manufacturer and who takes title to that manufacturer's
23prescription drug, but who does not have general responsibility
24to direct the sale or disposition of the manufacturer's
25prescription drug. A manufacturer's exclusive distributor must
26be licensed as a wholesale distributor under this Act and, in

 

 

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1order to be considered part of the normal distribution channel,
2must also be an authorized distributor of record.
3    "Normal distribution channel" means a chain of custody for
4a prescription drug that goes, directly or by drop shipment,
5from (i) a manufacturer of the prescription drug, (ii) that
6manufacturer to that manufacturer's co-licensed partner, (iii)
7that manufacturer to that manufacturer's third party logistics
8provider, or (iv) that manufacturer to that manufacturer's
9exclusive distributor to:
10        (1) a pharmacy or to other designated persons
11    authorized by law to dispense or administer the drug to a
12    patient;
13        (2) a wholesale distributor to a pharmacy or other
14    designated persons authorized by law to dispense or
15    administer the drug to a patient;
16        (3) a wholesale distributor to a chain pharmacy
17    warehouse to that chain pharmacy warehouse's intracompany
18    pharmacy to a patient or other designated persons
19    authorized by law to dispense or administer the drug to a
20    patient;
21        (4) a chain pharmacy warehouse to the chain pharmacy
22    warehouse's intracompany pharmacy or other designated
23    persons authorized by law to dispense or administer the
24    drug to the patient;
25        (5) an authorized distributor of record to one other
26    authorized distributor of record to an office-based health

 

 

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1    care practitioner authorized by law to dispense or
2    administer the drug to the patient; or
3        (6) an authorized distributor to a pharmacy or other
4    persons licensed to dispense or administer the drug.
5    "Pedigree" means a document or electronic file containing
6information that records each wholesale distribution of any
7given prescription drug from the point of origin to the final
8wholesale distribution point of any given prescription drug.
9    "Person" means and includes a natural person, partnership,
10association or corporation.
11    "Pharmacy distributor" means any pharmacy licensed in this
12State or hospital pharmacy that is engaged in the delivery or
13distribution of prescription drugs either to any other pharmacy
14licensed in this State or to any other person or entity
15including, but not limited to, a wholesale drug distributor
16engaged in the delivery or distribution of prescription drugs
17who is involved in the actual, constructive, or attempted
18transfer of a drug in this State to other than the ultimate
19consumer except as otherwise provided for by law.
20    "Prescription drug" means any human drug, including any
21biological product (except for blood and blood components
22intended for transfusion or biological products that are also
23medical devices), required by federal law or regulation to be
24dispensed only by a prescription, including finished dosage
25forms and bulk drug substances subject to Section 503 of the
26Federal Food, Drug and Cosmetic Act.

 

 

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1    "Repackage" means repackaging or otherwise changing the
2container, wrapper, or labeling to further the distribution of
3a prescription drug, excluding that completed by the pharmacist
4responsible for dispensing the product to a patient.
5    "Secretary" means the Secretary of Financial and
6Professional Regulation.
7    "Third party logistics provider" means anyone who
8contracts with a prescription drug manufacturer to provide or
9coordinate warehousing, distribution, or other services on
10behalf of a manufacturer, but does not take title to the
11prescription drug or have general responsibility to direct the
12prescription drug's sale or disposition. A third party
13logistics provider must be licensed as a wholesale distributor
14under this Act and, in order to be considered part of the
15normal distribution channel, must also be an authorized
16distributor of record.
17    "Wholesale distribution" means the distribution of
18prescription drugs to persons other than a consumer or patient,
19but does not include any of the following:
20        (1) Intracompany sales of prescription drugs, meaning
21    (i) any transaction or transfer between any division,
22    subsidiary, parent, or affiliated or related company under
23    the common ownership and control of a corporate entity or
24    (ii) any transaction or transfer between co-licensees of a
25    co-licensed product.
26        (2) The sale, purchase, distribution, trade, or

 

 

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1    transfer of a prescription drug or offer to sell, purchase,
2    distribute, trade, or transfer a prescription drug for
3    emergency medical reasons.
4        (3) The distribution of prescription drug samples by
5    manufacturers' representatives.
6        (4) Drug returns, when conducted by a hospital, health
7    care entity, or charitable institution in accordance with
8    federal regulation.
9        (5) The sale of minimal quantities of prescription
10    drugs by retail pharmacies to licensed practitioners for
11    office use.
12        (6) The sale, purchase, or trade of a drug, an offer to
13    sell, purchase, or trade a drug, or the dispensing of a
14    drug pursuant to a prescription.
15        (7) The sale, transfer, merger, or consolidation of all
16    or part of the business of a pharmacy or pharmacies from or
17    with another pharmacy or pharmacies, whether accomplished
18    as a purchase and sale of stock or business assets.
19        (8) The sale, purchase, distribution, trade, or
20    transfer of a prescription drug from one authorized
21    distributor of record to one additional authorized
22    distributor of record when the manufacturer has stated in
23    writing to the receiving authorized distributor of record
24    that the manufacturer is unable to supply the prescription
25    drug and the supplying authorized distributor of record
26    states in writing that the prescription drug being supplied

 

 

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1    had until that time been exclusively in the normal
2    distribution channel.
3        (9) The delivery of or the offer to deliver a
4    prescription drug by a common carrier solely in the common
5    carrier's usual course of business of transporting
6    prescription drugs when the common carrier does not store,
7    warehouse, or take legal ownership of the prescription
8    drug.
9        (10) The sale or transfer from a retail pharmacy, mail
10    order pharmacy, or chain pharmacy warehouse of expired,
11    damaged, returned, or recalled prescription drugs to the
12    original manufacturer, the originating wholesale
13    distributor, or a third party returns processor.
14        (11) The donation of prescription drugs to the extent
15    permitted under the Prescription Drug Repository Program
16    Act.
17    "Wholesale drug distributor" means anyone engaged in the
18wholesale distribution of prescription drugs, including
19without limitation manufacturers; repackers; own label
20distributors; jobbers; private label distributors; brokers;
21warehouses, including manufacturers' and distributors'
22warehouses; manufacturer's exclusive distributors; and
23authorized distributors of record; drug wholesalers or
24distributors; independent wholesale drug traders; specialty
25wholesale distributors; third party logistics providers; and
26retail pharmacies that conduct wholesale distribution; and

 

 

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1chain pharmacy warehouses that conduct wholesale distribution.
2In order to be considered part of the normal distribution
3channel, a wholesale distributor must also be an authorized
4distributor of record.
5(Source: P.A. 95-689, eff. 10-29-07.)
 
6    Section 92. The Senior Pharmaceutical Assistance Act is
7amended by changing Section 10 as follows:
 
8    (320 ILCS 50/10)
9    Sec. 10. Definitions. In this Act:
10    "Manufacturer" includes:
11        (1) An entity that is engaged in (a) the production,
12    preparation, propagation, compounding, conversion, or
13    processing of prescription drug products (i) directly or
14    indirectly by extraction from substances of natural
15    origin, (ii) independently by means of chemical synthesis,
16    or (iii) by combination of extraction and chemical
17    synthesis; or (b) the packaging, repackaging, labeling or
18    re-labeling, or distribution of prescription drug
19    products.
20        (2) The entity holding legal title to or possession of
21    the national drug code number for the covered prescription
22    drug.
23    The term does not include a wholesale distributor of drugs,
24drugstore chain organization, or retail pharmacy licensed by

 

 

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1the State. The term also does not include anyone who is engaged
2in the packaging, repackaging, or labeling of prescription
3drugs only to the extent required under the Prescription Drug
4Repository Program Act.
5    "Prescription drug" means a drug that may be dispensed only
6upon prescription by an authorized prescriber and that is
7approved for safety and effectiveness as a prescription drug
8under Section 505 or 507 of the Federal Food, Drug and Cosmetic
9Act.
10    "Senior citizen" or "senior" means a person 65 years of age
11or older.
12(Source: P.A. 92-594, eff. 6-27-02.)
 
13    Section 93. The Illinois Food, Drug and Cosmetic Act is
14amended by changing Section 16 as follows:
 
15    (410 ILCS 620/16)  (from Ch. 56 1/2, par. 516)
16    Sec. 16. (a) The Director is hereby authorized to
17promulgate regulations exempting from any labeling or
18packaging requirement of this Act drugs and devices which are
19(i) , in accordance with the practice of the trade, to be
20processed, labeled or repacked in substantial quantities at
21establishments other than those where originally processed or
22packaged on condition that such drugs and devices are not
23adulterated or misbranded under the provisions of this Act upon
24removal from such processing, labeling or repacking

 

 

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1establishment or (ii) packaged, repackaged, or labeled to the
2extent required under the Prescription Drug Repository Program
3Act.
4    (b) Drugs and device labeling or packaging exemptions
5adopted under the Federal Act and supplements thereto or
6revisions thereof shall apply to drugs and devices in Illinois
7except insofar as modified or rejected by regulations
8promulgated by the Director.
9    (c) A drug intended for use by man which (A) is a
10habit-forming drug to which Section 15 (d) applies; or (B)
11because of its toxicity or other potentiality for harmful
12effect or the method of its use or the collateral measures
13necessary to its use is not safe for use except under the
14supervision of a practitioner licensed by law to administer
15such drug; or (C) is limited by an approved application under
16Section 505 of the Federal Act or Section 17 of this Act to use
17under the professional supervision of a practitioner licensed
18by law to administer such drug, shall be dispensed only in
19accordance with the provisions of the "Illinois Controlled
20Substances Act". The act of dispensing a drug contrary to the
21provisions of this paragraph shall be deemed to be an act which
22results in a drug being misbranded while held for sale.
23    (d) Any drug dispensed by filling or refilling a written or
24oral prescription of a practitioner licensed by law to
25administer such drug shall be exempt from the requirements of
26Section 15, except subsections (a), (k) and (l) and clauses (2)

 

 

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1and (3) of subsection (i), and the packaging requirements of
2subsections (g), (h) and (q), if the drug bears a label
3containing the proprietary name or names, or if there is none,
4the established name or names of the drugs, the dosage and
5quantity, unless the prescribing practitioner, in the interest
6of the health of the patient, directs otherwise in writing, the
7name and address of the dispenser, the serial number and date
8of the prescription or of its filling, the name of the
9prescriber and, if stated in the prescription, the name of the
10patient, and the directions for use and the cautionary
11statements, if any, contained in such prescription. This
12exemption shall not apply to any drug dispensed in the course
13of the conduct of business of dispensing drugs pursuant to
14diagnosis by mail, or to a drug dispensed in violation of
15subsection (a) of this Section.
16    (e) The Director may by regulation remove drugs subject to
17Section 15 (d) and Section 17 from the requirements of
18subsection (c) of this Section when such requirements are not
19necessary for the protection of the public health.
20    (f) A drug which is subject to subsection (c) of this
21Section shall be deemed to be misbranded if at any time before
22dispensing its label fails to bear the statement "Caution:
23Federal Law Prohibits Dispensing Without Prescription" or
24"Caution: State Law Prohibits Dispensing Without
25Prescription". A drug to which subsection (c) of this Section
26does not apply shall be deemed to be misbranded if at any time

 

 

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1prior to dispensing its label bears the caution statement
2quoted in the preceding sentence.
3    (g) Nothing in this Section shall be construed to relieve
4any person from any requirement prescribed by or under
5authority of law with respect to controlled substances now
6included or which may hereafter be included within the
7classifications of controlled substances cannabis as defined
8in applicable Federal laws relating to controlled substances or
9cannabis or the Cannabis Control Act.
10(Source: P.A. 84-1308.)
 
11    Section 94. The Illinois Controlled Substances Act is
12amended by changing Section 102 as follows:
 
13    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
14    Sec. 102. Definitions. As used in this Act, unless the
15context otherwise requires:
16    (a) "Addict" means any person who habitually uses any drug,
17chemical, substance or dangerous drug other than alcohol so as
18to endanger the public morals, health, safety or welfare or who
19is so far addicted to the use of a dangerous drug or controlled
20substance other than alcohol as to have lost the power of self
21control with reference to his or her addiction.
22    (b) "Administer" means the direct application of a
23controlled substance, whether by injection, inhalation,
24ingestion, or any other means, to the body of a patient,

 

 

HB3896- 21 -LRB097 14570 KTG 59426 b

1research subject, or animal (as defined by the Humane
2Euthanasia in Animal Shelters Act) by:
3        (1) a practitioner (or, in his or her presence, by his
4    or her authorized agent),
5        (2) the patient or research subject pursuant to an
6    order, or
7        (3) a euthanasia technician as defined by the Humane
8    Euthanasia in Animal Shelters Act.
9    (c) "Agent" means an authorized person who acts on behalf
10of or at the direction of a manufacturer, distributor,
11dispenser, prescriber, or practitioner. It does not include a
12common or contract carrier, public warehouseman or employee of
13the carrier or warehouseman.
14    (c-1) "Anabolic Steroids" means any drug or hormonal
15substance, chemically and pharmacologically related to
16testosterone (other than estrogens, progestins,
17corticosteroids, and dehydroepiandrosterone), and includes:
18    (i) 3[beta],17-dihydroxy-5a-androstane, 
19    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
20    (iii) 5[alpha]-androstan-3,17-dione, 
21    (iv) 1-androstenediol (3[beta], 
22        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
23    (v) 1-androstenediol (3[alpha], 
24        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
25    (vi) 4-androstenediol  
26        (3[beta],17[beta]-dihydroxy-androst-4-ene), 

 

 

HB3896- 22 -LRB097 14570 KTG 59426 b

1    (vii) 5-androstenediol  
2        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
3    (viii) 1-androstenedione  
4        ([5alpha]-androst-1-en-3,17-dione), 
5    (ix) 4-androstenedione  
6        (androst-4-en-3,17-dione), 
7    (x) 5-androstenedione  
8        (androst-5-en-3,17-dione), 
9    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
10        hydroxyandrost-4-en-3-one), 
11    (xii) boldenone (17[beta]-hydroxyandrost- 
12        1,4,-diene-3-one), 
13    (xiii) boldione (androsta-1,4- 
14        diene-3,17-dione), 
15    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
16        [beta]-hydroxyandrost-4-en-3-one), 
17    (xv) clostebol (4-chloro-17[beta]- 
18        hydroxyandrost-4-en-3-one), 
19    (xvi) dehydrochloromethyltestosterone (4-chloro- 
20        17[beta]-hydroxy-17[alpha]-methyl- 
21        androst-1,4-dien-3-one), 
22    (xvii) desoxymethyltestosterone 
23    (17[alpha]-methyl-5[alpha] 
24        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
25    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
26        '1-testosterone') (17[beta]-hydroxy- 

 

 

HB3896- 23 -LRB097 14570 KTG 59426 b

1        5[alpha]-androst-1-en-3-one), 
2    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
3        androstan-3-one), 
4    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
5        5[alpha]-androstan-3-one), 
6    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
7        hydroxyestr-4-ene), 
8    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
9        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
10    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
11        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
12    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
13        hydroxyandrostano[2,3-c]-furazan), 
14    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
15    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
16        androst-4-en-3-one), 
17    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
18        dihydroxy-estr-4-en-3-one), 
19    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
20        hydroxy-5-androstan-3-one), 
21    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
22        [5a]-androstan-3-one), 
23    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
24        hydroxyandrost-1,4-dien-3-one), 
25    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
26        dihydroxyandrost-5-ene), 

 

 

HB3896- 24 -LRB097 14570 KTG 59426 b

1    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
2        5[alpha]-androst-1-en-3-one), 
3    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
4        dihydroxy-5a-androstane), 
5    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
6        -5a-androstane), 
7    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
8        dihydroxyandrost-4-ene), 
9    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
10        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
11    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
12        hydroxyestra-4,9(10)-dien-3-one), 
13    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
14        hydroxyestra-4,9-11-trien-3-one), 
15    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
16        hydroxyandrost-4-en-3-one), 
17    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
18        hydroxyestr-4-en-3-one), 
19    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
20        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
21        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
22        1-testosterone'), 
23    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
24    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
25        dihydroxyestr-4-ene), 
26    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 

 

 

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1        dihydroxyestr-4-ene), 
2    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
3        dihydroxyestr-5-ene), 
4    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
5        dihydroxyestr-5-ene), 
6    (xlvii) 19-nor-4,9(10)-androstadienedione  
7        (estra-4,9(10)-diene-3,17-dione), 
8    (xlviii) 19-nor-4-androstenedione (estr-4- 
9        en-3,17-dione), 
10    (xlix) 19-nor-5-androstenedione (estr-5- 
11        en-3,17-dione), 
12    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
13        hydroxygon-4-en-3-one), 
14    (li) norclostebol (4-chloro-17[beta]- 
15        hydroxyestr-4-en-3-one), 
16    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
17        hydroxyestr-4-en-3-one), 
18    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
19        hydroxyestr-4-en-3-one), 
20    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
21        2-oxa-5[alpha]-androstan-3-one), 
22    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
23        dihydroxyandrost-4-en-3-one), 
24    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
25        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
26    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 

 

 

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1        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
2    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
3        (5[alpha]-androst-1-en-3-one), 
4    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
5        secoandrosta-1,4-dien-17- 
6        oic acid lactone), 
7    (lx) testosterone (17[beta]-hydroxyandrost- 
8        4-en-3-one), 
9    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
10        diethyl-17[beta]-hydroxygon- 
11        4,9,11-trien-3-one), 
12    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
13        11-trien-3-one). 
14    Any person who is otherwise lawfully in possession of an
15anabolic steroid, or who otherwise lawfully manufactures,
16distributes, dispenses, delivers, or possesses with intent to
17deliver an anabolic steroid, which anabolic steroid is
18expressly intended for and lawfully allowed to be administered
19through implants to livestock or other nonhuman species, and
20which is approved by the Secretary of Health and Human Services
21for such administration, and which the person intends to
22administer or have administered through such implants, shall
23not be considered to be in unauthorized possession or to
24unlawfully manufacture, distribute, dispense, deliver, or
25possess with intent to deliver such anabolic steroid for
26purposes of this Act.

 

 

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1    (d) "Administration" means the Drug Enforcement
2Administration, United States Department of Justice, or its
3successor agency.
4    (d-5) "Clinical Director, Prescription Monitoring Program"
5means a Department of Human Services administrative employee
6licensed to either prescribe or dispense controlled substances
7who shall run the clinical aspects of the Department of Human
8Services Prescription Monitoring Program and its Prescription
9Information Library.
10    (d-10) "Compounding" means the preparation and mixing of
11components, excluding flavorings, (1) as the result of a
12prescriber's prescription drug order or initiative based on the
13prescriber-patient-pharmacist relationship in the course of
14professional practice or (2) for the purpose of, or incident
15to, research, teaching, or chemical analysis and not for sale
16or dispensing. "Compounding" includes the preparation of drugs
17or devices in anticipation of receiving prescription drug
18orders based on routine, regularly observed dispensing
19patterns. Commercially available products may be compounded
20for dispensing to individual patients only if both of the
21following conditions are met: (i) the commercial product is not
22reasonably available from normal distribution channels in a
23timely manner to meet the patient's needs and (ii) the
24prescribing practitioner has requested that the drug be
25compounded.
26    (e) "Control" means to add a drug or other substance, or

 

 

HB3896- 28 -LRB097 14570 KTG 59426 b

1immediate precursor, to a Schedule whether by transfer from
2another Schedule or otherwise.
3    (f) "Controlled Substance" means (i) a drug, substance, or
4immediate precursor in the Schedules of Article II of this Act
5or (ii) a drug or other substance, or immediate precursor,
6designated as a controlled substance by the Department through
7administrative rule. The term does not include distilled
8spirits, wine, malt beverages, or tobacco, as those terms are
9defined or used in the Liquor Control Act and the Tobacco
10Products Tax Act.
11    (f-5) "Controlled substance analog" means a substance:
12        (1) the chemical structure of which is substantially
13    similar to the chemical structure of a controlled substance
14    in Schedule I or II;
15        (2) which has a stimulant, depressant, or
16    hallucinogenic effect on the central nervous system that is
17    substantially similar to or greater than the stimulant,
18    depressant, or hallucinogenic effect on the central
19    nervous system of a controlled substance in Schedule I or
20    II; or
21        (3) with respect to a particular person, which such
22    person represents or intends to have a stimulant,
23    depressant, or hallucinogenic effect on the central
24    nervous system that is substantially similar to or greater
25    than the stimulant, depressant, or hallucinogenic effect
26    on the central nervous system of a controlled substance in

 

 

HB3896- 29 -LRB097 14570 KTG 59426 b

1    Schedule I or II.
2    (g) "Counterfeit substance" means a controlled substance,
3which, or the container or labeling of which, without
4authorization bears the trademark, trade name, or other
5identifying mark, imprint, number or device, or any likeness
6thereof, of a manufacturer, distributor, or dispenser other
7than the person who in fact manufactured, distributed, or
8dispensed the substance.
9    (h) "Deliver" or "delivery" means the actual, constructive
10or attempted transfer of possession of a controlled substance,
11with or without consideration, whether or not there is an
12agency relationship. The term does not include the donation of
13prescription drugs to the extent permitted under the
14Prescription Drug Repository Program Act.
15    (i) "Department" means the Illinois Department of Human
16Services (as successor to the Department of Alcoholism and
17Substance Abuse) or its successor agency.
18    (j) (Blank).
19    (k) "Department of Corrections" means the Department of
20Corrections of the State of Illinois or its successor agency.
21    (l) "Department of Financial and Professional Regulation"
22means the Department of Financial and Professional Regulation
23of the State of Illinois or its successor agency.
24    (m) "Depressant" means any drug that (i) causes an overall
25depression of central nervous system functions, (ii) causes
26impaired consciousness and awareness, and (iii) can be

 

 

HB3896- 30 -LRB097 14570 KTG 59426 b

1habit-forming or lead to a substance abuse problem, including
2but not limited to alcohol, cannabis and its active principles
3and their analogs, benzodiazepines and their analogs,
4barbiturates and their analogs, opioids (natural and
5synthetic) and their analogs, and chloral hydrate and similar
6sedative hypnotics.
7    (n) (Blank).
8    (o) "Director" means the Director of the Illinois State
9Police or his or her designated agents.
10    (p) "Dispense" means to deliver a controlled substance to
11an ultimate user or research subject by or pursuant to the
12lawful order of a prescriber, including the prescribing,
13administering, packaging, labeling, or compounding necessary
14to prepare the substance for that delivery.
15    (q) "Dispenser" means a practitioner who dispenses.
16    (r) "Distribute" means to deliver, other than by
17administering or dispensing, a controlled substance.
18    (s) "Distributor" means a person who distributes.
19    (t) "Drug" means (1) substances recognized as drugs in the
20official United States Pharmacopoeia, Official Homeopathic
21Pharmacopoeia of the United States, or official National
22Formulary, or any supplement to any of them; (2) substances
23intended for use in diagnosis, cure, mitigation, treatment, or
24prevention of disease in man or animals; (3) substances (other
25than food) intended to affect the structure of any function of
26the body of man or animals and (4) substances intended for use

 

 

HB3896- 31 -LRB097 14570 KTG 59426 b

1as a component of any article specified in clause (1), (2), or
2(3) of this subsection. It does not include devices or their
3components, parts, or accessories.
4    (t-5) "Euthanasia agency" means an entity certified by the
5Department of Financial and Professional Regulation for the
6purpose of animal euthanasia that holds an animal control
7facility license or animal shelter license under the Animal
8Welfare Act. A euthanasia agency is authorized to purchase,
9store, possess, and utilize Schedule II nonnarcotic and
10Schedule III nonnarcotic drugs for the sole purpose of animal
11euthanasia.
12    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
13substances (nonnarcotic controlled substances) that are used
14by a euthanasia agency for the purpose of animal euthanasia.
15    (u) "Good faith" means the prescribing or dispensing of a
16controlled substance by a practitioner in the regular course of
17professional treatment to or for any person who is under his or
18her treatment for a pathology or condition other than that
19individual's physical or psychological dependence upon or
20addiction to a controlled substance, except as provided herein:
21and application of the term to a pharmacist shall mean the
22dispensing of a controlled substance pursuant to the
23prescriber's order which in the professional judgment of the
24pharmacist is lawful. The pharmacist shall be guided by
25accepted professional standards including, but not limited to
26the following, in making the judgment:

 

 

HB3896- 32 -LRB097 14570 KTG 59426 b

1        (1) lack of consistency of prescriber-patient
2    relationship,
3        (2) frequency of prescriptions for same drug by one
4    prescriber for large numbers of patients,
5        (3) quantities beyond those normally prescribed,
6        (4) unusual dosages (recognizing that there may be
7    clinical circumstances where more or less than the usual
8    dose may be used legitimately),
9        (5) unusual geographic distances between patient,
10    pharmacist and prescriber,
11        (6) consistent prescribing of habit-forming drugs.
12    (u-0.5) "Hallucinogen" means a drug that causes markedly
13altered sensory perception leading to hallucinations of any
14type.
15    (u-1) "Home infusion services" means services provided by a
16pharmacy in compounding solutions for direct administration to
17a patient in a private residence, long-term care facility, or
18hospice setting by means of parenteral, intravenous,
19intramuscular, subcutaneous, or intraspinal infusion.
20    (u-5) "Illinois State Police" means the State Police of the
21State of Illinois, or its successor agency.
22    (v) "Immediate precursor" means a substance:
23        (1) which the Department has found to be and by rule
24    designated as being a principal compound used, or produced
25    primarily for use, in the manufacture of a controlled
26    substance;

 

 

HB3896- 33 -LRB097 14570 KTG 59426 b

1        (2) which is an immediate chemical intermediary used or
2    likely to be used in the manufacture of such controlled
3    substance; and
4        (3) the control of which is necessary to prevent,
5    curtail or limit the manufacture of such controlled
6    substance.
7    (w) "Instructional activities" means the acts of teaching,
8educating or instructing by practitioners using controlled
9substances within educational facilities approved by the State
10Board of Education or its successor agency.
11    (x) "Local authorities" means a duly organized State,
12County or Municipal peace unit or police force.
13    (y) "Look-alike substance" means a substance, other than a
14controlled substance which (1) by overall dosage unit
15appearance, including shape, color, size, markings or lack
16thereof, taste, consistency, or any other identifying physical
17characteristic of the substance, would lead a reasonable person
18to believe that the substance is a controlled substance, or (2)
19is expressly or impliedly represented to be a controlled
20substance or is distributed under circumstances which would
21lead a reasonable person to believe that the substance is a
22controlled substance. For the purpose of determining whether
23the representations made or the circumstances of the
24distribution would lead a reasonable person to believe the
25substance to be a controlled substance under this clause (2) of
26subsection (y), the court or other authority may consider the

 

 

HB3896- 34 -LRB097 14570 KTG 59426 b

1following factors in addition to any other factor that may be
2relevant:
3        (a) statements made by the owner or person in control
4    of the substance concerning its nature, use or effect;
5        (b) statements made to the buyer or recipient that the
6    substance may be resold for profit;
7        (c) whether the substance is packaged in a manner
8    normally used for the illegal distribution of controlled
9    substances;
10        (d) whether the distribution or attempted distribution
11    included an exchange of or demand for money or other
12    property as consideration, and whether the amount of the
13    consideration was substantially greater than the
14    reasonable retail market value of the substance.
15    Clause (1) of this subsection (y) shall not apply to a
16noncontrolled substance in its finished dosage form that was
17initially introduced into commerce prior to the initial
18introduction into commerce of a controlled substance in its
19finished dosage form which it may substantially resemble.
20    Nothing in this subsection (y) prohibits the dispensing or
21distributing of noncontrolled substances by persons authorized
22to dispense and distribute controlled substances under this
23Act, provided that such action would be deemed to be carried
24out in good faith under subsection (u) if the substances
25involved were controlled substances.
26    Nothing in this subsection (y) or in this Act prohibits the

 

 

HB3896- 35 -LRB097 14570 KTG 59426 b

1manufacture, preparation, propagation, compounding,
2processing, packaging, advertising or distribution of a drug or
3drugs by any person registered pursuant to Section 510 of the
4Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
5    (y-1) "Mail-order pharmacy" means a pharmacy that is
6located in a state of the United States that delivers,
7dispenses or distributes, through the United States Postal
8Service or other common carrier, to Illinois residents, any
9substance which requires a prescription.
10    (z) "Manufacture" means the production, preparation,
11propagation, compounding, conversion or processing of a
12controlled substance other than methamphetamine, either
13directly or indirectly, by extraction from substances of
14natural origin, or independently by means of chemical
15synthesis, or by a combination of extraction and chemical
16synthesis, and includes any packaging or repackaging of the
17substance or labeling of its container, except that this term
18does not include:
19        (1) by an ultimate user, the preparation or compounding
20    of a controlled substance for his or her own use; or
21        (2) by a practitioner, or his or her authorized agent
22    under his or her supervision, the preparation,
23    compounding, packaging, or labeling of a controlled
24    substance:
25            (a) as an incident to his or her administering or
26        dispensing of a controlled substance in the course of

 

 

HB3896- 36 -LRB097 14570 KTG 59426 b

1        his or her professional practice; or
2            (b) as an incident to lawful research, teaching or
3        chemical analysis and not for sale; or .
4        (3) the packaging, repackaging, or labeling of
5    prescription drugs only to the extent required under the
6    Prescription Drug Repository Program Act.
7    (z-1) (Blank).
8    (z-5) "Medication shopping" means the conduct prohibited
9under subsection (a) of Section 314.5 of this Act.
10    (z-10) "Mid-level practitioner" means (i) a physician
11assistant who has been delegated authority to prescribe through
12a written delegation of authority by a physician licensed to
13practice medicine in all of its branches, in accordance with
14Section 7.5 of the Physician Assistant Practice Act of 1987,
15(ii) an advanced practice nurse who has been delegated
16authority to prescribe through a written delegation of
17authority by a physician licensed to practice medicine in all
18of its branches or by a podiatrist, in accordance with Section
1965-40 of the Nurse Practice Act, or (iii) an animal euthanasia
20agency.
21    (aa) "Narcotic drug" means any of the following, whether
22produced directly or indirectly by extraction from substances
23of vegetable origin, or independently by means of chemical
24synthesis, or by a combination of extraction and chemical
25synthesis:
26        (1) opium, opiates, derivatives of opium and opiates,

 

 

HB3896- 37 -LRB097 14570 KTG 59426 b

1    including their isomers, esters, ethers, salts, and salts
2    of isomers, esters, and ethers, whenever the existence of
3    such isomers, esters, ethers, and salts is possible within
4    the specific chemical designation; however the term
5    "narcotic drug" does not include the isoquinoline
6    alkaloids of opium;
7        (2) (blank);
8        (3) opium poppy and poppy straw;
9        (4) coca leaves, except coca leaves and extracts of
10    coca leaves from which substantially all of the cocaine and
11    ecgonine, and their isomers, derivatives and salts, have
12    been removed;
13        (5) cocaine, its salts, optical and geometric isomers,
14    and salts of isomers;
15        (6) ecgonine, its derivatives, their salts, isomers,
16    and salts of isomers;
17        (7) any compound, mixture, or preparation which
18    contains any quantity of any of the substances referred to
19    in subparagraphs (1) through (6).
20    (bb) "Nurse" means a registered nurse licensed under the
21Nurse Practice Act.
22    (cc) (Blank).
23    (dd) "Opiate" means any substance having an addiction
24forming or addiction sustaining liability similar to morphine
25or being capable of conversion into a drug having addiction
26forming or addiction sustaining liability.

 

 

HB3896- 38 -LRB097 14570 KTG 59426 b

1    (ee) "Opium poppy" means the plant of the species Papaver
2somniferum L., except its seeds.
3    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
4solution or other liquid form of medication intended for
5administration by mouth, but the term does not include a form
6of medication intended for buccal, sublingual, or transmucosal
7administration.
8    (ff) "Parole and Pardon Board" means the Parole and Pardon
9Board of the State of Illinois or its successor agency.
10    (gg) "Person" means any individual, corporation,
11mail-order pharmacy, government or governmental subdivision or
12agency, business trust, estate, trust, partnership or
13association, or any other entity.
14    (hh) "Pharmacist" means any person who holds a license or
15certificate of registration as a registered pharmacist, a local
16registered pharmacist or a registered assistant pharmacist
17under the Pharmacy Practice Act.
18    (ii) "Pharmacy" means any store, ship or other place in
19which pharmacy is authorized to be practiced under the Pharmacy
20Practice Act.
21    (ii-5) "Pharmacy shopping" means the conduct prohibited
22under subsection (b) of Section 314.5 of this Act.
23    (ii-10) "Physician" (except when the context otherwise
24requires) means a person licensed to practice medicine in all
25of its branches.
26    (jj) "Poppy straw" means all parts, except the seeds, of

 

 

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1the opium poppy, after mowing.
2    (kk) "Practitioner" means a physician licensed to practice
3medicine in all its branches, dentist, optometrist,
4podiatrist, veterinarian, scientific investigator, pharmacist,
5physician assistant, advanced practice nurse, licensed
6practical nurse, registered nurse, hospital, laboratory, or
7pharmacy, or other person licensed, registered, or otherwise
8lawfully permitted by the United States or this State to
9distribute, dispense, conduct research with respect to,
10administer or use in teaching or chemical analysis, a
11controlled substance in the course of professional practice or
12research.
13    (ll) "Pre-printed prescription" means a written
14prescription upon which the designated drug has been indicated
15prior to the time of issuance; the term does not mean a written
16prescription that is individually generated by machine or
17computer in the prescriber's office.
18    (mm) "Prescriber" means a physician licensed to practice
19medicine in all its branches, dentist, optometrist, podiatrist
20or veterinarian who issues a prescription, a physician
21assistant who issues a prescription for a controlled substance
22in accordance with Section 303.05, a written delegation, and a
23written supervision agreement required under Section 7.5 of the
24Physician Assistant Practice Act of 1987, or an advanced
25practice nurse with prescriptive authority delegated under
26Section 65-40 of the Nurse Practice Act and in accordance with

 

 

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1Section 303.05, a written delegation, and a written
2collaborative agreement under Section 65-35 of the Nurse
3Practice Act.
4    (nn) "Prescription" means a written, facsimile, or oral
5order, or an electronic order that complies with applicable
6federal requirements, of a physician licensed to practice
7medicine in all its branches, dentist, podiatrist or
8veterinarian for any controlled substance, of an optometrist
9for a Schedule III, IV, or V controlled substance in accordance
10with Section 15.1 of the Illinois Optometric Practice Act of
111987, of a physician assistant for a controlled substance in
12accordance with Section 303.05, a written delegation, and a
13written supervision agreement required under Section 7.5 of the
14Physician Assistant Practice Act of 1987, or of an advanced
15practice nurse with prescriptive authority delegated under
16Section 65-40 of the Nurse Practice Act who issues a
17prescription for a controlled substance in accordance with
18Section 303.05, a written delegation, and a written
19collaborative agreement under Section 65-35 of the Nurse
20Practice Act when required by law.
21    (nn-5) "Prescription Information Library" (PIL) means an
22electronic library that contains reported controlled substance
23data.
24    (nn-10) "Prescription Monitoring Program" (PMP) means the
25entity that collects, tracks, and stores reported data on
26controlled substances and select drugs pursuant to Section 316.

 

 

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1    (oo) "Production" or "produce" means manufacture,
2planting, cultivating, growing, or harvesting of a controlled
3substance other than methamphetamine.
4    (pp) "Registrant" means every person who is required to
5register under Section 302 of this Act.
6    (qq) "Registry number" means the number assigned to each
7person authorized to handle controlled substances under the
8laws of the United States and of this State.
9    (qq-5) "Secretary" means, as the context requires, either
10the Secretary of the Department or the Secretary of the
11Department of Financial and Professional Regulation, and the
12Secretary's designated agents.
13    (rr) "State" includes the State of Illinois and any state,
14district, commonwealth, territory, insular possession thereof,
15and any area subject to the legal authority of the United
16States of America.
17    (rr-5) "Stimulant" means any drug that (i) causes an
18overall excitation of central nervous system functions, (ii)
19causes impaired consciousness and awareness, and (iii) can be
20habit-forming or lead to a substance abuse problem, including
21but not limited to amphetamines and their analogs,
22methylphenidate and its analogs, cocaine, and phencyclidine
23and its analogs.
24    (ss) "Ultimate user" means a person who lawfully possesses
25a controlled substance for his or her own use or for the use of
26a member of his or her household or for administering to an

 

 

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1animal owned by him or her or by a member of his or her
2household.
3(Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09;
497-334, eff. 1-1-12.)
 
5    Section 95. The Cannabis and Controlled Substances Tort
6Claims Act is amended by changing Section 3 as follows:
 
7    (740 ILCS 20/3)  (from Ch. 70, par. 903)
8    Sec. 3. Definitions. As used in this Act, unless the
9context otherwise requires:
10    "Cannabis" includes marihuana, hashish, and other
11substances that are identified as including any parts of the
12plant Cannabis Sativa, whether growing or not, the seeds of
13that plant, the resin extracted from any part of that plant,
14and any compound, manufacture, salt, derivative, mixture, or
15preparation of that plant, its seeds, or resin, including
16tetrahydrocannabinol (THC) and all other cannabinol
17derivatives, including its naturally occurring or
18synthetically produced ingredients, whether produced directly
19or indirectly by extraction, independently by means of chemical
20synthesis, or by a combination of extraction and chemical
21synthesis. "Cannabis" does not include the mature stalks of
22that plant, fiber produced from those stalks, oil or cake made
23from the seeds of that plant, any other compound, manufacture,
24salt, derivative, mixture, or preparation of mature stalks

 

 

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1(except the extracted resin), fiber, oil or cake, or the
2sterilized seeds of that plant that are incapable of
3germination.
4    "Controlled substance" means a drug, substance, or
5immediate precursor in the Schedules of Article II of the
6Illinois Controlled Substances Act.
7    "Counterfeit substance" means a controlled substance or
8the container or labeling of a controlled substance that,
9without authorization, bears the trademark, trade name, or
10other identifying mark, imprint, number, device, or any
11likeness thereof of a manufacturer, distributor, or dispenser
12other than the person who in fact manufactured, distributed, or
13dispensed the substance.
14    "Deliver" or "delivery" means the actual, constructive, or
15attempted transfer of possession of a controlled substance or
16cannabis, with or without consideration, whether or not there
17is an agency relationship. The term does not include the
18donation of prescription drugs to the extent permitted under
19the Prescription Drug Repository Program Act.
20    "Manufacture" means the production, preparation,
21propagation, compounding, conversion, or processing of a
22controlled substance, either directly or indirectly, by
23extraction from substances of natural origin, independently by
24means of chemical synthesis, or by a combination of extraction
25and chemical synthesis, and includes any packaging or
26repackaging of the substance or labeling of its container,

 

 

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1except that the term does not include:
2        (1) by an ultimate user, the preparation or compounding
3    of a controlled substance for his own use;
4        (2) by a practitioner or his authorized agent under his
5    supervision, the preparation, compounding, packaging, or
6    labeling of a controlled substance:
7            (A) as an incident to his administering or
8        dispensing of a controlled substance in the course of
9        his professional practice; or
10            (B) as an incident to lawful research, teaching or
11        chemical analysis and not for sale; or
12        (3) the preparation, compounding, packaging, or
13    labeling of cannabis as an incident to lawful research,
14    teaching, or chemical analysis and not for sale; or .
15        (4) the packaging, repackaging, or labeling of
16    prescription drugs only to the extent required under the
17    Prescription Drug Repository Program Act.
18    "Owner" means a person who has possession of or any
19interest whatsoever in the property involved.
20    "Person" means an individual, a corporation, a government,
21a governmental subdivision or agency, a business trust, an
22estate, a trust, a partnership or association, or any other
23entity.
24    "Production" means planting, cultivating, tending, or
25harvesting.
26    "Property" means real property, including things growing

 

 

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1on, affixed to, and found in land, and tangible or intangible
2personal property, including rights, services, privileges,
3interests, claims, and securities.
4(Source: P.A. 96-328, eff. 8-11-09.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    225 ILCS 85/4from Ch. 111, par. 4124
5    225 ILCS 120/15from Ch. 111, par. 8301-15
6    320 ILCS 50/10
7    410 ILCS 620/16from Ch. 56 1/2, par. 516
8    720 ILCS 570/102from Ch. 56 1/2, par. 1102
9    740 ILCS 20/3from Ch. 70, par. 903