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91_HB1618
LRB9105342SMdv
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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.)