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Public Act 91-0576
SB13 Enrolled LRB9100300RCksA
AN ACT to amend the Illinois Controlled Substances Act by
changing Sections 309, 312, 313, and 406, by adding Sections
316, 317, 318, 319, and 320 and repealing Sections 308, 310,
and 311.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Controlled Substances Act is
amended by changing Sections 309, 312, 313, and 406 and by
adding Sections 316, 317, 318, 319, and 320 as follows:
(720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
Sec. 309. No person shall issue a prescription for a
Schedule II controlled substance, which is a narcotic drug
listed in Section 206 of this Act; or which contains any
quantity of amphetamine or methamphetamine, their salts,
optical isomers or salts of optical isomers; phenmetrazine
and its salts; gluthethimide; pentazocine; or which is
hereafter determined to be a "designated product," as defined
in Section 102 of this Act, other than on a written the
official prescription blank issued by the Department and no
person shall fill any such prescription other than on the
official prescription blank issued by the Department;
provided that in the case of an emergency, epidemic or a
sudden or unforeseen accident or calamity, the prescriber may
issue a lawful oral prescription or transmit via facsimile
equipment a written prescription order or a written
prescription on a blank other than the official prescription
blank issued by the Department where failure to issue such a
prescription might result in loss of life or intense
suffering, but such oral prescription shall include a
statement have endorsed thereon by the prescriber a statement
concerning the accident or calamity, or circumstances
constituting the emergency, the cause for which an oral
prescription the unofficial blank was used. Within 7 days 72
hours after issuing an emergency prescription, the prescriber
shall cause a written prescription on the official
prescription blank for the emergency quantity prescribed to
be delivered to the dispensing pharmacist. The prescription
shall have written on its face "Authorization for Emergency
Dispensing", and the date of the emergency prescription. The
written prescription on the official prescription blank may
be delivered to the pharmacist in person, or by mail or via
facsimile equipment, but if delivered by mail it must be
postmarked within the 7-day 72-hour period. Upon receipt, the
dispensing pharmacist shall attach this prescription to the
emergency oral prescription earlier received and , or in the
case of an oral prescription, reduced to writing. The
dispensing pharmacist shall notify the Department of Human
Services if the prescriber fails to deliver the authorization
for emergency dispensing on the official prescription blank
to him. Failure of the dispensing pharmacist to do so shall
void the authority conferred by this paragraph to dispense
without a written prescription on an official prescription
blank of a prescriber. All prescriptions on the official
blanks shall be written in triplicate and all three copies
signed by the prescriber. All prescriptions issued for
Schedule II controlled substances shall include both a
written and numerical notation of quantity on the face of the
prescription. No prescription for a Schedule II controlled
substance may be refilled.
(Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
Sec. 312. Requirements for dispensing controlled
substances.
(a) A practitioner, in good faith, may dispense a
Schedule II controlled substance, which is a narcotic drug
listed in Section 206 of this Act; or which contains any
quantity of amphetamine or methamphetamine, their salts,
optical isomers or salts of optical isomers; phenmetrazine
and its salts; pentazocine; or which is hereafter determined
to be a "designated product," as defined in Section 102 of
this Act to any person upon an official prescription form and
Schedule III, IV, or V controlled substances to any person
upon a written prescription of any prescriber, dated and
signed by the person prescribing on the day when issued and
bearing the name and address of the patient for whom, or the
owner of the animal for which the controlled substance is
dispensed, and the full name, address and registry number
under the laws of the United States relating to controlled
substances of the prescriber, if he is required by those laws
to be registered. If the prescription is for an animal it
shall state the species of animal for which it is ordered.
The practitioner filling the prescription shall write the
date of filling and his own signature on the face of the
written official prescription form. The official prescription
form or the written prescription shall be retained on file by
the practitioner who filled it or pharmacy in which the
prescription was filled for a period of 2 years, so as to be
readily accessible for inspection or removal by any officer
or employee engaged in the enforcement of this Act. Whenever
the practitioner's or pharmacy's copy of any prescription
form is removed by an officer or employee engaged in the
enforcement of this Act, for the purpose of investigation or
as evidence, such officer or employee shall give to the
practitioner or pharmacy a receipt in lieu thereof. A
prescription form for a Schedule II controlled substance
shall not be filled more than 7 days after the date of
issuance. A written prescription for Schedule III, IV or V
controlled substances shall not be filled or refilled more
than 6 months after the date thereof or refilled more than 5
times unless renewed, in writing, by the prescriber.
(b) In lieu of a written prescription required by this
Section, a pharmacist, in good faith, may dispense Schedule
III, IV, or V substances to any person either upon receiving
a facsimile of a written, signed prescription transmitted by
the prescriber or the prescriber's agent or upon a lawful
oral prescription of a prescriber which oral prescription
shall be reduced promptly to writing by the pharmacist and
such written memorandum thereof shall be dated on the day
when such oral prescription is received by the pharmacist and
shall bear the full name and address of the ultimate user for
whom, or of the owner of the animal for which the controlled
substance is dispensed, and the full name, address, and
registry number under the law of the United States relating
to controlled substances of the prescriber prescribing if he
is required by those laws to be so registered, and the
pharmacist filling such oral prescription shall write the
date of filling and his own signature on the face of such
written memorandum thereof. The facsimile copy of the
prescription or written memorandum of the oral prescription
shall be retained on file by the proprietor of the pharmacy
in which it is filled for a period of not less than two
years, so as to be readily accessible for inspection by any
officer or employee engaged in the enforcement of this Act in
the same manner as a written prescription. The facsimile
copy of the prescription or oral prescription and the written
memorandum thereof shall not be filled or refilled more than
6 months after the date thereof or be refilled more than 5
times, unless renewed, in writing, by the prescriber.
(c) A controlled substance included in Schedule V shall
not be distributed or dispensed other than for a medical
purpose and not for the purpose of evading this Act, and
then:
(1) only personally by a person registered to
dispense a Schedule V controlled substance and then only
to his patients, or
(2) only personally by a pharmacist, and then only
to a person over 21 years of age who has identified
himself to the pharmacist by means of 2 positive
documents of identification.
(3) the dispenser shall record the name and address
of the purchaser, the name and quantity of the product,
the date and time of the sale, and the dispenser's
signature.
(4) no person shall purchase or be dispensed more
than 120 milliliters or more than 120 grams of any
Schedule V substance which contains codeine,
dihydrocodeine, or any salts thereof, or ethylmorphine,
or any salts thereof, in any 96 hour period. The
purchaser shall sign a form, approved by the Department
of Professional Regulation, attesting that he has not
purchased any Schedule V controlled substances within the
immediately preceding 96 hours.
(5) a copy of the records of sale, including all
information required by paragraph (3), shall be forwarded
to the Department of Professional Regulation at its
principal office by the 15th day of the following month.
(6) all records of purchases and sales shall be
maintained for not less than 2 years.
(7) no person shall obtain or attempt to obtain
within any consecutive 96 hour period any Schedule V
substances of more than 120 milliliters or more than 120
grams containing codeine, dihydrocodeine or any of its
salts, or ethylmorphine or any of its salts. Any person
obtaining any such preparations or combination of
preparations in excess of this limitation shall be in
unlawful possession of such controlled substance.
(8) a person qualified to dispense controlled
substances under this Act and registered thereunder shall
at no time maintain or keep in stock a quantity of
Schedule V controlled substances defined and listed in
Section 212 (b) (1), (2) or (3) in excess of 4.5 liters
for each substance; a pharmacy shall at no time maintain
or keep in stock a quantity of Schedule V controlled
substances as defined in excess of 4.5 liters for each
substance, plus the additional quantity of controlled
substances necessary to fill the largest number of
prescription orders filled by that pharmacy for such
controlled substances in any one week in the previous
year. These limitations shall not apply to Schedule V
controlled substances which Federal law prohibits from
being dispensed without a prescription.
(9) no person shall distribute or dispense butyl
nitrite for inhalation or other introduction into the
human body for euphoric or physical effect.
(d) Every practitioner shall keep a record of controlled
substances received by him and a record of all such
controlled substances administered, dispensed or
professionally used by him otherwise than by prescription.
It shall, however, be sufficient compliance with this
paragraph if any practitioner utilizing controlled substances
listed in Schedules III, IV and V shall keep a record of all
those substances dispensed and distributed by him other than
those controlled substances which are administered by the
direct application of a controlled substance, whether by
injection, inhalation, ingestion, or any other means to the
body of a patient or research subject. A practitioner who
dispenses, other than by administering, a controlled
substance in Schedule II, which is a narcotic drug listed in
Section 206 of this Act, or which contains any quantity of
amphetamine or methamphetamine, their salts, optical isomers
or salts of optical isomers, pentazocine, methaqualone, or
which is hereafter determined to be a "designated product" as
defined in Section 102 of this Act, shall do so only upon the
issuance of a written an official prescription blank by a
prescriber; and every practitioner who so dispenses such
designated products shall comply with the provisions of
Sections 310 and 311 of this Act.
(e) Whenever a manufacturer distributes a controlled
substance in a package prepared by him, and whenever a
wholesale distributor distributes a controlled substance in a
package prepared by him or the manufacturer, he shall
securely affix to each package in which that substance is
contained a label showing in legible English the name and
address of the manufacturer, the distributor and the
quantity, kind and form of controlled substance contained
therein. No person except a pharmacist and only for the
purposes of filling a prescription under this Act, shall
alter, deface or remove any label so affixed.
(f) Whenever a practitioner dispenses any controlled
substance, he shall affix to the container in which such
substance is sold or dispensed, a label indicating the date
of initial filling, the practitioner's name and address, the
serial number of the prescription, the name of the patient,
the name of the prescriber, the directions for use and
cautionary statements, if any, contained in any prescription
or required by law, the proprietary name or names or the
established name of the controlled substance, and the dosage
and quantity, except as otherwise authorized by regulation by
the Department of Professional Regulation. No person shall
alter, deface or remove any label so affixed.
(g) A person to whom or for whose use any controlled
substance has been prescribed or dispensed by a practitioner,
or other persons authorized under this Act, and the owner of
any animal for which such substance has been prescribed or
dispensed by a veterinarian, may lawfully possess such
substance only in the container in which it was delivered to
him by the person dispensing such substance.
(h) The responsibility for the proper prescribing or
dispensing of controlled substances is upon the prescriber
and the responsibility for the proper filling of a
prescription for controlled substance drugs rests with the
pharmacist. An order purporting to be a prescription issued
to any individual, which is not in the regular course of
professional treatment nor part of an authorized methadone
maintenance program, nor in legitimate and authorized
research instituted by any accredited hospital, educational
institution, charitable foundation, or federal, state or
local governmental agency, and which is intended to provide
that individual with controlled substances sufficient to
maintain that individual's or any other individual's physical
or psychological addiction, habitual or customary use,
dependence, or diversion of that controlled substance is not
a prescription within the meaning and intent of this Act; and
the person issuing it, shall be subject to the penalties
provided for violations of the law relating to controlled
substances.
(i) A prescriber shall not preprint or cause to be
preprinted a prescription for any controlled substance; nor
shall any practitioner issue, fill or cause to be issued or
filled, a preprinted prescription for any controlled
substance.
(j) No person shall manufacture, dispense, deliver,
possess with intent to deliver, prescribe, or administer or
cause to be administered under his direction any anabolic
steroid, for any use in humans other than the treatment of
disease in accordance with the order of a physician licensed
to practice medicine in all its branches for a valid medical
purpose in the course of professional practice. The use of
anabolic steroids for the purpose of hormonal manipulation
that is intended to increase muscle mass, strength or weight
without a medical necessity to do so, or for the intended
purpose of improving physical appearance or performance in
any form of exercise, sport, or game, is not a valid medical
purpose or in the course of professional practice.
(Source: P.A. 89-202, eff. 10-1-95; 90-253, eff. 7-29-97.)
(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
Sec. 313. (a) Controlled substances which are lawfully
administered in hospitals or institutions licensed under the
"Hospital Licensing Act" shall be exempt from the
requirements of Sections 308 and 312 and 316 except that the
prescription for the controlled substance shall be in writing
on the patient's record, signed by the prescriber, dated, and
shall state the name, and quantity of controlled substances
ordered and the quantity actually administered. The records
of such prescriptions shall be maintained for two years and
shall be available for inspection by officers and employees
of the Department of State Police, and the Department of
Professional Regulation.
(b) Controlled substances that can lawfully be
administered or dispensed directly to a patient in a
long-term care facility licensed by the Department of Public
Health as a skilled nursing facility, intermediate care
facility, or long-term care facility for residents under 22
years of age, are exempt from the requirements of Sections
308 and 312 and 316. , except that a prescription for a
Schedule II controlled substance must be either a written
prescription signed by the prescriber or a written
prescription transmitted by the prescriber or prescriber's
agent to the dispensing pharmacy by facsimile. The facsimile
serves as the original written prescription and must be
maintained for 2 years from the date of issue in the same
manner as a written prescription signed by the prescriber.
(c) (Blank). A prescription that is written for a
Schedule II controlled substance to be compounded for direct
administration by parenteral, intravenous, intramuscular,
subcutaneous, or intraspinal infusion to a patient in a
private residence, long-term care facility, or hospice
setting may be transmitted by facsimile by the prescriber or
the prescriber's agent to the pharmacy providing the home
infusion services.
(d) Controlled substances which are lawfully
administered and/or dispensed in drug abuse treatment
programs licensed by the Department shall be exempt from the
requirements of Sections 308 and 312 and 316, except that the
prescription for such controlled substances shall be issued
and authenticated on official prescription logs prepared and
supplied by the Department. The official prescription logs
issued by the Department shall be printed in triplicate on
distinctively marked paper and furnished to programs at
reasonable cost. The official prescription logs furnished to
the programs shall contain, in preprinted form, such
information as the Department may require. The official
prescription logs shall be properly endorsed by a physician
licensed to practice medicine in all its branches issuing the
order, with his own signature and the date of ordering, and
further endorsed by the practitioner actually administering
or dispensing the dosage at the time of such administering or
dispensing in accordance with requirements issued by the
Department. The duplicate copy shall be retained by the
program for a period of not less than three years nor more
than seven years; the original and triplicate copy shall be
returned to the Department at its principal office in
accordance with requirements set forth by the Department.
(Source: P.A. 89-202, eff. 10-1-95.)
(720 ILCS 570/316 new)
Sec. 316. Schedule II Controlled substance prescription
monitoring program.
The Department must provide for a Schedule II controlled
substance prescription monitoring program that includes the
following components:
(1) Each time a Schedule II controlled substance
designated by the Department is dispensed, the dispenser must
transmit to the central repository the following information:
(A) The recipient's name.
(B) The recipient's address.
(C) The national drug code number of the Schedule
II controlled substance dispensed.
(D) The date the Schedule II controlled substance
is dispensed.
(E) The quantity of the Schedule II controlled
substance dispensed.
(F) The dispenser's United States Drug Enforcement
Agency registration number.
(G) The prescriber's United States Drug Enforcement
Agency registration number.
(2) The information required to be transmitted under
this Section must be transmitted not more than 15 days after
the date on which a Schedule II controlled substance is
dispensed.
(3) A dispenser must transmit the information required
under this Section by:
(A) an electronic device compatible with the
receiving device of the central repository;
(B) a computer diskette;
(C) a magnetic tape; or
(D) a pharmacy universal claim form or Pharmacy
Inventory Control form;
that meets specifications prescribed by the Department.
Schedule II controlled substances are exempt from the
requirements of this Section to the extent provided in
Section 313.
(720 ILCS 570/317 new)
Sec. 317. Central repository for collection of
information.
(a) The Department must designate a central repository
for the collection of information transmitted under Section
316.
(b) The central repository must do the following:
(1) Create a database for information required to
be transmitted under Section 316 in the form required
under rules adopted by the Department, including search
capability for the following:
(A) A recipient's name.
(B) A recipient's address.
(C) The national drug code number of a
controlled substance dispensed.
(D) The dates a Schedule II controlled
substance is dispensed.
(E) The quantities of a Schedule II controlled
substance dispensed.
(F) A dispenser's United States Drug
Enforcement Agency registration number.
(G) A prescriber's United States Drug
Enforcement Agency registration number.
(2) Provide the Department with continuing 24 hour a
day on-line access to the database maintained by the
central repository. The Department of Professional
Regulation must provide the Department with electronic
access to the license information of a prescriber or
dispenser. The Department of Professional Regulation may
charge a fee for this access not to exceed the actual
cost of furnishing the information.
(3) Secure the information collected by the central
repository and the database maintained by the central
repository against access by unauthorized persons.
(720 ILCS 570/318 new)
Sec. 318. Confidentiality of information.
(a) Information received by the central repository under
Section 316 is confidential.
(b) The Department must carry out a program to protect
the confidentiality of the information described in
subsection (a). The Department may disclose the information
to another person only under subsection (c), (d), or (f) and
may charge a fee not to exceed the actual cost of furnishing
the information.
(c) The Department may disclose confidential information
described in subsection (a) to any person who is engaged in
receiving, processing, or storing the information.
(d) The Department may release confidential information
described in subsection (a) to the following persons:
(1) A governing body that licenses practitioners and
is engaged in an investigation, an adjudication, or a
prosecution of a violation under any State or federal law
that involves a controlled substance.
(2) An investigator for the Consumer Protection
Division of the office of the Attorney General, a
prosecuting attorney, the Attorney General, a deputy
Attorney General, or an investigator from the office of
the Attorney General, who is engaged in any of the
following activities involving controlled substances:
(A) an investigation;
(B) an adjudication; or
(C) a prosecution of a violation under any
State or federal law that involves a controlled
substance.
(3) A law enforcement officer who is:
(A) authorized by the Department of State
Police to receive information of the type requested
for the purpose of investigations involving
controlled substances;
(B) approved by the Department to receive
information of the type requested for the purpose of
investigations involving controlled substances; and
(C) engaged in the investigation or prosecution
of a violation under any State or federal law that
involves a controlled substance.
(e) Before the Department releases confidential
information under subsection (d), the applicant must
demonstrate to the Department that:
(1) the applicant has reason to believe that a
violation under any State or federal law that involves a
Schedule II controlled substance has occurred; and
(2) the requested information is reasonably related
to the investigation, adjudication, or prosecution of the
violation described in subdivision (1).
(f) The Department may release to:
(1) a governing body that licenses practitioners;
(2) an investigator for the Consumer Protection
Division of the office of the Attorney General, a
prosecuting attorney, the Attorney General, a deputy
Attorney General, or an investigator from the office of
the Attorney General; or
(3) a law enforcement officer who is:
(A) authorized by the Department of State
Police to receive the type of information released;
and
(B) approved by the Department to receive the
type of information released;
confidential information generated from computer records that
identifies practitioners who are prescribing or dispensing
large quantities of a Schedule II controlled substance as
determined by the Advisory Committee created by Section 320.
(g) The information described in subsection (f) may not
be released until it has been reviewed by an employee of the
Department who is licensed as a prescriber or a dispenser
and until that employee has certified that further
investigation is warranted. However, failure to comply with
this subsection (g) does not invalidate the use of any
evidence that is otherwise admissible in a proceeding
described in subsection (h).
(h) An investigator or a law enforcement officer
receiving confidential information under subsection (c), (d),
or (f) may disclose the information to a law enforcement
officer or an attorney for the office of the Attorney General
for use as evidence in the following:
(1) A proceeding under any State or federal law that
involves a Schedule II controlled substance.
(2) A criminal proceeding or a proceeding in
juvenile court that involves a Schedule II controlled
substance.
(i) The Department may compile statistical reports from
the information described in subsection (a). The reports must
not include information that identifies any practitioner,
ultimate user, or other person administering a controlled
substance.
(720 ILCS 570/319 new)
Sec. 319. Rules. The Department must adopt rules under
the Illinois Administrative Procedure Act to implement
Sections 316 through 318, including the following:
(1) Information collection and retrieval procedures
for the central repository, including the Schedule II
controlled substances to be included in the program
required under Section 316.
(2) Design for the creation of the database required
under Section 317.
(3) Requirements for the development and
installation of on-line electronic access by the
Department to information collected by the central
repository.
(720 ILCS 570/320 new)
Sec. 320. Advisory committee.
(a) The Secretary of Human Services must appoint an
advisory committee to assist the Department in implementing
the Schedule II controlled substance prescription monitoring
program created by Section 316 of this Act. The Advisory
Committee consists of prescribers and dispensers.
(b) The Secretary of Human Services must determine the
number of members to serve on the advisory committee. The
Secretary must choose one of the members of the advisory
committee to serve as chair of the committee.
(c) The advisory committee may appoint its other
officers as it deems appropriate.
(d) The members of the advisory committee shall receive
no compensation for their services as members of the advisory
committee but may be reimbursed for their actual expenses
incurred in serving on the advisory committee.
(720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
Sec. 406. (a) It is unlawful for any person:
(1) who is subject to Article III knowingly to
distribute or dispense a controlled substance in violation of
Sections 308 through 314 of this Act; or
(2) who is a registrant, to manufacture a controlled
substance not authorized by his registration, or to
distribute or dispense a controlled substance not authorized
by his registration to another registrant or other authorized
person; or
(3) to refuse or fail to make, keep or furnish any
record, notification, order form, statement, invoice or
information required under this Act; or
(4) to refuse an entry into any premises for any
inspection authorized by this Act; or
(5) knowingly to keep or maintain any store, shop,
warehouse, dwelling, building, vehicle, boat, aircraft, or
other structure or place, which is resorted to by a person
unlawfully possessing controlled substances, or which is used
for possessing, manufacturing, dispensing or distributing
controlled substances in violation of this Act.
Any person who violates this subsection (a) is guilty of
a Class A misdemeanor for the first offense and a Class 4
felony for each subsequent offense. The fine for each
subsequent offense shall not be more than $100,000. In
addition, any practitioner who is found guilty of violating
this subsection (a) is subject to suspension and revocation
of his professional license, in accordance with such
procedures as are provided by law for the taking of
disciplinary action with regard to the license of said
practitioner's profession.
(b) It is unlawful for any person knowingly:
(1) to distribute, as a registrant, a controlled
substance classified in Schedule I or II, except pursuant to
an order form as required by Section 307 of this Act; or
(2) to use, in the course of the manufacture or
distribution of a controlled substance, a registration number
which is fictitious, revoked, suspended, or issued to another
person; or
(3) to acquire or obtain possession of a controlled
substance by misrepresentation, fraud, forgery, deception or
subterfuge; or
(4) to furnish false or fraudulent material information
in, or omit any material information from, any application,
report or other document required to be kept or filed under
this Act, or any record required to be kept by this Act; or
(5) to make, distribute or possess any punch, die,
plate, stone or other thing designed to print, imprint or
reproduce the trademark, trade name or other identifying
mark, imprint or device of another, or any likeness of any of
the foregoing, upon any controlled substance or container or
labeling thereof so as to render the drug a counterfeit
substance; or
(6) to possess without authorization, official blank
prescription forms or counterfeit prescription forms; or
(7) (Blank). to issue a prescription or fill any
prescription for a controlled substance other than on the
appropriate lawful prescription form. However, in the case
of any epidemic or a sudden or unforeseen accident or
calamity, the prescriber may issue a prescription on a form
other than the official prescription form issued by the
Department, where failure to issue such a prescription might
result in loss of life or intense suffering, but such
prescription shall have endorsed thereon, by the prescriber,
a statement concerning the accident, calamity or circumstance
constituting the emergency, the cause of which the unofficial
blank was used.
Any person who violates this subsection (b) is guilty of
a Class 4 felony for the first offense and a Class 3 felony
for each subsequent offense. The fine for the first offense
shall be not more than $100,000. The fine for each
subsequent offense shall not be more than $200,000.
(c) A person who knowingly or intentionally violates
Section 316, 317, 318, or 319 is guilty of a Class A
misdemeanor.
(Source: P.A. 85-1287.)
(720 ILCS 570/308 rep.)
(720 ILCS 570/310 rep.)
(720 ILCS 570/311 rep.)
Section 10. The Illinois Controlled Substances Act is
amended by repealing Sections 308, 310, and 311.
Section 99. Effective date. This Act takes effect April
1, 2000.
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