Illinois General Assembly - Full Text of SB0636
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Full Text of SB0636  100th General Assembly

SB0636sam002 100TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 3/7/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 636

2    AMENDMENT NO. ______. Amend Senate Bill 636 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Pharmacy Practice Act is amended by
5changing Section 4 as follows:
 
6    (225 ILCS 85/4)  (from Ch. 111, par. 4124)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 4. Exemptions. Nothing contained in any Section of
9this Act shall apply to, or in any manner interfere with:
10    (a) the lawful practice of any physician licensed to
11practice medicine in all of its branches, dentist, podiatric
12physician, veterinarian, or therapeutically or diagnostically
13certified optometrist within the limits of his or her license,
14or prevent him or her from supplying to his or her bona fide
15patients such drugs, medicines, or poisons as may seem to him
16appropriate;

 

 

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1    (b) the sale of compressed gases;
2    (c) the sale of patent or proprietary medicines and
3household remedies when sold in original and unbroken packages
4only, if such patent or proprietary medicines and household
5remedies be properly and adequately labeled as to content and
6usage and generally considered and accepted as harmless and
7nonpoisonous when used according to the directions on the
8label, and also do not contain opium or coca leaves, or any
9compound, salt or derivative thereof, or any drug which,
10according to the latest editions of the following authoritative
11pharmaceutical treatises and standards, namely, The United
12States Pharmacopoeia/National Formulary (USP/NF), the United
13States Dispensatory, and the Accepted Dental Remedies of the
14Council of Dental Therapeutics of the American Dental
15Association or any or either of them, in use on the effective
16date of this Act, or according to the existing provisions of
17the Federal Food, Drug, and Cosmetic Act and Regulations of the
18Department of Health and Human Services, Food and Drug
19Administration, promulgated thereunder now in effect, is
20designated, described or considered as a narcotic, hypnotic,
21habit forming, dangerous, or poisonous drug;
22    (d) the sale of poultry and livestock remedies in original
23and unbroken packages only, labeled for poultry and livestock
24medication;
25    (e) the sale of poisonous substances or mixture of
26poisonous substances, in unbroken packages, for nonmedicinal

 

 

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1use in the arts or industries or for insecticide purposes;
2provided, they are properly and adequately labeled as to
3content and such nonmedicinal usage, in conformity with the
4provisions of all applicable federal, state and local laws and
5regulations promulgated thereunder now in effect relating
6thereto and governing the same, and those which are required
7under such applicable laws and regulations to be labeled with
8the word "Poison", are also labeled with the word "Poison"
9printed thereon in prominent type and the name of a readily
10obtainable antidote with directions for its administration;
11    (f) the delegation of limited prescriptive authority by a
12physician licensed to practice medicine in all its branches to
13a physician assistant under Section 7.5 of the Physician
14Assistant Practice Act of 1987. This delegated authority under
15Section 7.5 of the Physician Assistant Practice Act of 1987
16may, but is not required to, include prescription of controlled
17substances, as defined in Article II of the Illinois Controlled
18Substances Act, in accordance with a written supervision
19agreement; and
20    (g) the delegation of prescriptive authority by a physician
21licensed to practice medicine in all its branches or a licensed
22podiatric physician to an advanced practice nurse in accordance
23with a written collaborative agreement under Sections 65-35 and
2465-40 of the Nurse Practice Act; and .
25    (h) the sale or distribution of dialysate or devices
26necessary to perform home peritoneal renal dialysis for

 

 

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1patients with end-stage renal disease, provided that all of the
2following conditions are met:
3        (1) the dialysate, comprised of dextrose or
4    icodextrin, or devices are approved or cleared by the
5    federal Food and Drug Administration, as required by
6    federal law;
7        (2) the dialysate or devices are lawfully held by a
8    manufacturer or the manufacturer's agent, which is
9    properly registered with the Board as a manufacturer or
10    wholesaler;
11        (3) the dialysate or devices are held and delivered to
12    the manufacturer or the manufacturer's agent in the
13    original, sealed packaging from the manufacturing
14    facility;
15        (4) the dialysate or devices are delivered only upon
16    receipt of a physician's prescription by a licensed
17    pharmacy in which the prescription is processed in
18    accordance with provisions set forth in this Act, and the
19    transmittal of an order from the licensed pharmacy to the
20    manufacturer or the manufacturer's agent; and
21        (5) the manufacturer or the manufacturer's agent
22    delivers the dialysate or devices directly to: (i) a
23    patient with end-stage renal disease, or his or her
24    designee, for the patient's self-administration of the
25    dialysis therapy or (ii) a health care provider or
26    institution for administration or delivery of the dialysis

 

 

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1    therapy to a patient with end-stage renal disease.
2    This paragraph (h) does not include any other drugs for
3peritoneal dialysis, except dialysate, as described in item (1)
4of this paragraph (h). All records of sales and distribution of
5dialysate to patients made pursuant to this paragraph (h) must
6be retained in accordance with Section 18 of this Act.
7(Source: P.A. 98-214, eff. 8-9-13.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".