State of Illinois
91st General Assembly

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 1        AN ACT concerning dispensing controlled substances.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Medical Practice Act of 1987 is amended
 5    by changing Section 7 as follows:

 6        (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
 7        Sec. 7.  Medical Disciplinary Board.
 8        (A)  There is hereby created the Illinois  State  Medical
 9    Disciplinary   Board   (hereinafter   referred   to   as  the
10    "Disciplinary Board").  The Disciplinary Board shall  consist
11    of 9 members, to be appointed by the Governor by and with the
12    advice  and consent of the Senate.  All shall be residents of
13    the State, not more than 5 of whom shall be  members  of  the
14    same  political party.  Four Five members shall be physicians
15    licensed to practice medicine  in  all  of  its  branches  in
16    Illinois  possessing  the  degree of doctor of medicine.  Two
17    shall be members of the public, who shall not be  engaged  in
18    any way, directly or indirectly, as providers of health care.
19    The  2  public  members  shall  act  as nonvoting, ex-officio
20    members and  shall  not  be  considered  in  determining  the
21    existence, or lack of existence, of a quorum for all purposes
22    for  which  a quorum may be called pursuant to this Act.  One
23    member shall be a physician licensed to practice in  Illinois
24    possessing  the degree of doctor of osteopathy or osteopathic
25    medicine.  One  member  shall  be  a  physician  licensed  to
26    practice  in  Illinois and possessing the degree of doctor of
27    chiropractic. One member shall be  a  physician  licensed  to
28    practice in Illinois who has expertise in palliative care.
29        (B)  Members of the Disciplinary Board shall be appointed
30    for terms of 4 years.  Upon the expiration of the term of any
31    member,  their  successor  shall be appointed for a term of 4
                            -2-                LRB9105342SMdv
 1    years by the Governor by and with the advice and  consent  of
 2    the  Senate.   The  Governor  shall  fill any vacancy for the
 3    remainder of the unexpired term by and with  the  advice  and
 4    consent of the Senate.  Upon recommendation of the Board, any
 5    member  of  the  Disciplinary  Board  may  be  removed by the
 6    Governor for misfeasance, malfeasance, or wilful  neglect  of
 7    duty,  after notice, and a public hearing, unless such notice
 8    and hearing shall  be  expressly  waived  in  writing.   Each
 9    member  shall  serve  on  the  Disciplinary Board until their
10    successor is appointed  and  qualified.   No  member  of  the
11    Disciplinary Board shall serve more than 2 consecutive 4 year
12    terms.
13        In  making  appointments  the  Governor  shall attempt to
14    insure that the various social and geographic regions of  the
15    State of Illinois are properly represented.
16        In  making  the  designation  of  persons  to act for the
17    several professions represented on  the  Disciplinary  Board,
18    the  Governor shall give due consideration to recommendations
19    by members of the respective professions and by organizations
20    therein.
21        (C)  The Disciplinary Board shall annually elect  one  of
22    its   voting   members   as   chairperson  and  one  as  vice
23    chairperson.  No officer shall be elected more than twice  in
24    succession  to  the  same  office.   Each officer shall serve
25    until their successor has been elected and qualified.
26        (D)  (Blank).
27        (E)  Four voting members of the Disciplinary Board  shall
28    constitute  a  quorum.   A  vacancy  in the membership of the
29    Disciplinary Board shall not impair the right of a quorum  to
30    exercise  all  the  rights  and perform all the duties of the
31    Disciplinary Board.  Any action  taken  by  the  Disciplinary
32    Board  under  this Act may be authorized by resolution at any
33    regular or special meeting and  each  such  resolution  shall
34    take  effect  immediately.  The Disciplinary Board shall meet
                            -3-                LRB9105342SMdv
 1    at least quarterly.  The Disciplinary Board is  empowered  to
 2    adopt all rules and regulations necessary and incident to the
 3    powers granted to it under this Act.
 4        (F)  Each member, and member-officer, of the Disciplinary
 5    Board shall receive a per diem stipend as the Director of the
 6    Department,  hereinafter  referred  to as the Director, shall
 7    determine.  The Director shall also determine  the  per  diem
 8    stipend  that  each  ex-officio  member  shall receive.  Each
 9    member shall be paid their necessary expenses  while  engaged
10    in the performance of their duties.
11        (G)  The   Director   shall   select   a   Chief  Medical
12    Coordinator and a Deputy Medical Coordinator who shall not be
13    members of the Disciplinary Board.  Each medical  coordinator
14    shall  be a physician licensed to practice medicine in all of
15    its branches, and the  Director  shall  set  their  rates  of
16    compensation.    The   Director   shall  assign  one  medical
17    coordinator to a region composed  of  Cook  County  and  such
18    other counties as the Director may deem appropriate, and such
19    medical  coordinator  shall  locate  their office in Chicago.
20    The Director shall assign the remaining  medical  coordinator
21    to a region composed of the balance of counties in the State,
22    and  such  medical  coordinator  shall locate their office in
23    Springfield.  Each medical coordinator  shall  be  the  chief
24    enforcement  officer of this Act in their assigned region and
25    shall serve at the will of the Disciplinary Board.
26        The  Director  shall  employ,  in  conformity  with   the
27    Personnel  Code, not less than one full time investigator for
28    every  5000  physicians  licensed   in   the   State.    Each
29    investigator  shall  be  a  college  graduate with at least 2
30    years' investigative experience or one year advanced  medical
31    education.   Upon  the  written  request  of the Disciplinary
32    Board, the Director shall  employ,  in  conformity  with  the
33    Personnel   Code,   such   other   professional,   technical,
34    investigative,  and  clerical  help,  either  on  a  full  or
                            -4-                LRB9105342SMdv
 1    part-time basis as the Disciplinary Board deems necessary for
 2    the proper performance of its duties.
 3        (H)  Upon the specific request of the Disciplinary Board,
 4    signed  by  either  the chairman, vice chairman, or a medical
 5    coordinator of the  Disciplinary  Board,  the  Department  of
 6    Human  Services  or the Department of State Police shall make
 7    available any and all information that  they  have  in  their
 8    possession   regarding   a   particular   case   then   under
 9    investigation by the Disciplinary Board.
10        (I)  Members  of  the  Disciplinary Board shall be immune
11    from  suit  in  any  action  based  upon   any   disciplinary
12    proceedings  or other acts performed in good faith as members
13    of the Disciplinary Board.
14        (J)  The Disciplinary Board may compile and  establish  a
15    statewide    roster   of   physicians   and   other   medical
16    professionals, including the several medical specialties,  of
17    such physicians and medical professionals, who have agreed to
18    serve   from   time  to  time  as  advisors  to  the  medical
19    coordinators.   Such  advisors  shall  assist   the   medical
20    coordinators  in  their  investigations  and participation in
21    complaints against physicians.   Such  advisors  shall  serve
22    under  contract  and shall be reimbursed at a reasonable rate
23    for the services provided, plus reasonable expenses incurred.
24    While serving in this capacity,  the  advisor,  for  any  act
25    undertaken  in  good faith and in the conduct of their duties
26    under this Section, shall be immune from civil suit.
27    (Source: P.A. 89-507, eff. 7-1-97; 89-702, eff. 7-1-97.)

28        Section 10.  The Illinois Controlled  Substances  Act  is
29    amended by changing Section 312 as follows:

30        (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
31        Sec.   312.    Requirements   for  dispensing  controlled
32    substances.
                            -5-                LRB9105342SMdv
 1        (a)  A  practitioner,  in  good  faith,  may  dispense  a
 2    Schedule II controlled substance, which is  a  narcotic  drug
 3    listed  in  Section  206  of  this Act; or which contains any
 4    quantity of  amphetamine  or  methamphetamine,  their  salts,
 5    optical  isomers  or  salts of optical isomers; phenmetrazine
 6    and its salts; pentazocine; or which is hereafter  determined
 7    to  be  a  "designated product," as defined in Section 102 of
 8    this Act to any person upon an official prescription form and
 9    Schedule III, IV, or V controlled substances  to  any  person
10    upon  a  written  prescription  of  any prescriber, dated and
11    signed by the person prescribing on the day when  issued  and
12    bearing  the name and address of the patient for whom, or the
13    owner of the animal for which  the  controlled  substance  is
14    dispensed,  and  the  full  name, address and registry number
15    under the laws of the United States  relating  to  controlled
16    substances of the prescriber, if he is required by those laws
17    to  be  registered.  If  the prescription is for an animal it
18    shall state the species of animal for which  it  is  ordered.
19    The  practitioner  filling  the  prescription shall write the
20    date of filling and his own signature  on  the  face  of  the
21    official prescription form. The official prescription form or
22    the  written  prescription  shall  be retained on file by the
23    practitioner  who  filled  it  or  pharmacy  in   which   the
24    prescription  was filled for a period of 2 years, so as to be
25    readily accessible for inspection or removal by  any  officer
26    or employee engaged in the enforcement of this Act.  Whenever
27    the  practitioner's  or  pharmacy's  copy of any prescription
28    form is removed by an officer  or  employee  engaged  in  the
29    enforcement  of this Act, for the purpose of investigation or
30    as evidence, such officer  or  employee  shall  give  to  the
31    practitioner  or  pharmacy  a  receipt  in  lieu  thereof.  A
32    prescription  form  for  a  Schedule  II controlled substance
33    shall not be filled more  than  7  days  after  the  date  of
34    issuance.  A  written  prescription for Schedule III, IV or V
                            -6-                LRB9105342SMdv
 1    controlled substances shall not be filled  or  refilled  more
 2    than  6 months after the date thereof or refilled more than 5
 3    times unless renewed, in writing, by the prescriber.
 4        (b)  In lieu of a written prescription required  by  this
 5    Section,  a  pharmacist, in good faith, may dispense Schedule
 6    III, IV, or V substances to any person either upon  receiving
 7    a  facsimile of a written, signed prescription transmitted by
 8    the prescriber or the prescriber's agent  or  upon  a  lawful
 9    oral  prescription  of  a  prescriber which oral prescription
10    shall be reduced promptly to writing by  the  pharmacist  and
11    such  written  memorandum  thereof  shall be dated on the day
12    when such oral prescription is received by the pharmacist and
13    shall bear the full name and address of the ultimate user for
14    whom, or of the owner of the animal for which the  controlled
15    substance  is  dispensed,  and  the  full  name, address, and
16    registry number under the law of the United  States  relating
17    to  controlled substances of the prescriber prescribing if he
18    is required by those  laws  to  be  so  registered,  and  the
19    pharmacist  filling  such  oral  prescription shall write the
20    date of filling and his own signature on  the  face  of  such
21    written  memorandum  thereof.   The  facsimile  copy  of  the
22    prescription  or  written memorandum of the oral prescription
23    shall be retained on file by the proprietor of  the  pharmacy
24    in  which  it  is  filled  for  a period of not less than two
25    years, so as to be readily accessible for inspection  by  any
26    officer or employee engaged in the enforcement of this Act in
27    the  same  manner  as  a written prescription.  The facsimile
28    copy of the prescription or oral prescription and the written
29    memorandum thereof shall not be filled or refilled more  than
30    6  months  after  the date thereof or be refilled more than 5
31    times, unless renewed, in writing, by the prescriber.
32        (c)  A controlled substance included in Schedule V  shall
33    not  be  distributed  or  dispensed  other than for a medical
34    purpose and not for the purpose  of  evading  this  Act,  and
                            -7-                LRB9105342SMdv
 1    then:
 2             (1)  only  personally  by  a  person  registered  to
 3        dispense  a Schedule V controlled substance and then only
 4        to his patients, or
 5             (2)  only personally by a pharmacist, and then  only
 6        to  a  person  over  21  years  of age who has identified
 7        himself  to  the  pharmacist  by  means  of  2   positive
 8        documents of identification.
 9             (3)  the dispenser shall record the name and address
10        of  the  purchaser, the name and quantity of the product,
11        the date and  time  of  the  sale,  and  the  dispenser's
12        signature.
13             (4)  no  person  shall purchase or be dispensed more
14        than 120 milliliters  or  more  than  120  grams  of  any
15        Schedule    V    substance    which   contains   codeine,
16        dihydrocodeine, or any salts thereof,  or  ethylmorphine,
17        or  any  salts  thereof,  in  any  96  hour  period.  The
18        purchaser shall sign a form, approved by  the  Department
19        of  Professional  Regulation,  attesting  that he has not
20        purchased any Schedule V controlled substances within the
21        immediately preceding 96 hours.
22             (5)  a copy of the records of  sale,  including  all
23        information required by paragraph (3), shall be forwarded
24        to  the  Department  of  Professional  Regulation  at its
25        principal office by the 15th day of the following month.
26             (6)  all records of purchases  and  sales  shall  be
27        maintained for not less than 2 years.
28             (7)  no  person  shall  obtain  or attempt to obtain
29        within any consecutive 96  hour  period  any  Schedule  V
30        substances  of more than 120 milliliters or more than 120
31        grams containing codeine, dihydrocodeine or  any  of  its
32        salts,  or ethylmorphine or any of its salts.  Any person
33        obtaining  any  such  preparations  or   combination   of
34        preparations  in  excess  of  this limitation shall be in
                            -8-                LRB9105342SMdv
 1        unlawful possession of such controlled substance.
 2             (8)  a  person  qualified  to  dispense   controlled
 3        substances under this Act and registered thereunder shall
 4        at  no  time  maintain  or  keep  in  stock a quantity of
 5        Schedule V controlled substances defined  and  listed  in
 6        Section  212  (b) (1), (2) or (3) in excess of 4.5 liters
 7        for each substance; a pharmacy shall at no time  maintain
 8        or  keep  in  stock  a  quantity of Schedule V controlled
 9        substances as defined in excess of 4.5  liters  for  each
10        substance,  plus  the  additional  quantity of controlled
11        substances  necessary  to  fill  the  largest  number  of
12        prescription orders filled  by  that  pharmacy  for  such
13        controlled  substances  in  any  one week in the previous
14        year.  These limitations shall not apply  to  Schedule  V
15        controlled  substances  which  Federal law prohibits from
16        being dispensed without a prescription.
17             (9)  no person shall distribute  or  dispense  butyl
18        nitrite  for  inhalation  or  other introduction into the
19        human body for euphoric or physical effect.
20        (d)  Every practitioner shall keep a record of controlled
21    substances  received  by  him  and  a  record  of  all   such
22    controlled     substances    administered,    dispensed    or
23    professionally used by him otherwise  than  by  prescription.
24    It   shall,  however,  be  sufficient  compliance  with  this
25    paragraph if any practitioner utilizing controlled substances
26    listed in Schedules III, IV and V shall keep a record of  all
27    those  substances dispensed and distributed by him other than
28    those controlled substances which  are  administered  by  the
29    direct  application  of  a  controlled  substance, whether by
30    injection, inhalation, ingestion, or any other means  to  the
31    body  of  a  patient  or research subject. A practitioner who
32    dispenses,  other  than  by   administering,   a   controlled
33    substance  in Schedule II, which is a narcotic drug listed in
34    Section 206 of this Act, or which contains  any  quantity  of
                            -9-                LRB9105342SMdv
 1    amphetamine  or methamphetamine, their salts, optical isomers
 2    or salts of optical isomers,  pentazocine,  methaqualone,  or
 3    which is hereafter determined to be a "designated product" as
 4    defined in Section 102 of this Act, shall do so only upon the
 5    issuance  of  an official prescription blank by a prescriber;
 6    and every  practitioner  who  so  dispenses  such  designated
 7    products shall comply with the provisions of Sections 310 and
 8    311 of this Act.
 9        (e)  Whenever  a  manufacturer  distributes  a controlled
10    substance in a  package  prepared  by  him,  and  whenever  a
11    wholesale distributor distributes a controlled substance in a
12    package  prepared  by  him  or  the  manufacturer,  he  shall
13    securely  affix  to  each  package in which that substance is
14    contained a label showing in legible  English  the  name  and
15    address   of   the  manufacturer,  the  distributor  and  the
16    quantity, kind and form  of  controlled  substance  contained
17    therein.   No  person  except  a  pharmacist and only for the
18    purposes of filling a  prescription  under  this  Act,  shall
19    alter, deface or remove any label so affixed.
20        (f)  Whenever  a  practitioner  dispenses  any controlled
21    substance, he shall affix to  the  container  in  which  such
22    substance  is  sold or dispensed, a label indicating the date
23    of initial filling, the practitioner's name and address,  the
24    serial  number  of the prescription, the name of the patient,
25    the name of  the  prescriber,  the  directions  for  use  and
26    cautionary  statements, if any, contained in any prescription
27    or required by law, the proprietary  name  or  names  or  the
28    established  name of the controlled substance, and the dosage
29    and quantity, except as otherwise authorized by regulation by
30    the Department of Professional Regulation.  No  person  shall
31    alter, deface or remove any label so affixed.
32        (g)  A  person  to  whom  or for whose use any controlled
33    substance has been prescribed or dispensed by a practitioner,
34    or other persons authorized under this Act, and the owner  of
                            -10-               LRB9105342SMdv
 1    any  animal  for  which such substance has been prescribed or
 2    dispensed  by  a  veterinarian,  may  lawfully  possess  such
 3    substance only in the container in which it was delivered  to
 4    him by the person dispensing such substance.
 5        (h)  The  responsibility  for  the  proper prescribing or
 6    dispensing of controlled substances is  upon  the  prescriber
 7    and   the   responsibility   for  the  proper  filling  of  a
 8    prescription for controlled substance drugs  rests  with  the
 9    pharmacist.   An order purporting to be a prescription issued
10    to any individual, which is not  in  the  regular  course  of
11    professional  treatment  nor  part of an authorized methadone
12    maintenance  program,  nor  in  legitimate   and   authorized
13    research  instituted  by any accredited hospital, educational
14    institution, charitable  foundation,  or  federal,  state  or
15    local  governmental  agency, and which is intended to provide
16    that individual  with  controlled  substances  sufficient  to
17    maintain that individual's or any other individual's physical
18    or   psychological  addiction,  habitual  or  customary  use,
19    dependence, or diversion of that controlled substance is  not
20    a prescription within the meaning and intent of this Act; and
21    the  person  issuing  it,  shall  be subject to the penalties
22    provided for violations of the  law  relating  to  controlled
23    substances.
24        (i)  A  prescriber  shall  not  preprint  or  cause to be
25    preprinted a prescription for any controlled  substance;  nor
26    shall  any  practitioner issue, fill or cause to be issued or
27    filled,  a  preprinted  prescription   for   any   controlled
28    substance.
29        (j)  No  person  shall  manufacture,  dispense,  deliver,
30    possess  with  intent to deliver, prescribe, or administer or
31    cause to be administered under  his  direction  any  anabolic
32    steroid,  for  any  use in humans other than the treatment of
33    disease in accordance with the order of a physician  licensed
34    to  practice medicine in all its branches for a valid medical
                            -11-               LRB9105342SMdv
 1    purpose in the course of professional practice.  The  use  of
 2    anabolic  steroids  for  the purpose of hormonal manipulation
 3    that is intended to increase muscle mass, strength or  weight
 4    without  a  medical  necessity  to do so, or for the intended
 5    purpose of improving physical appearance  or  performance  in
 6    any  form of exercise, sport, or game, is not a valid medical
 7    purpose or in the course of professional practice.
 8        (k)  Notwithstanding any other provision of  law  to  the
 9    contrary,  with  regard  to  a  prescription for a controlled
10    substance issued for  the  purpose  of  palliative  care  (as
11    defined  in  Section 3 of the Hospice Program Licensing Act),
12    only the following requirements shall be met:
13             (1)  The prescription shall be written on  a  single
14        form,  rather  than an official prescription blank, which
15        shall be given to the patient.  The pharmacist who  fills
16        the  prescription  shall  keep a copy of the prescription
17        for 5 years and shall submit a copy to the Department.
18             (2)  No report that may otherwise be required by law
19        to be made with regard  to  a  prescription  for  a  high
20        dosage  of  pain  medication  is  required to be made for
21        prescriptions written under this subsection (k).
22    (Source: P.A. 89-202, eff. 10-1-95; 90-253, eff. 7-29-97.)

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