100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2849

 

Introduced 2/13/2018, by Sen. Patricia Van Pelt

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to, by rule, establish a prescription drug repository program, under which any person 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 individuals in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. Imposes conditions on any rulemaking authority. 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.


LRB100 19083 MJP 34340 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2849LRB100 19083 MJP 34340 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    "Controlled substance" means a drug, substance, or
8immediate precursor in Schedules I through V of 21 CFR 1308.
9    "Department" means the Department of Public Health.
10    "Dispense" has the meaning given to that term in the
11Pharmacy Practice Act.
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

 

 

SB2849- 2 -LRB100 19083 MJP 34340 b

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, by rule, establish and maintain a
7prescription drug repository program, under which any person
8may donate a prescription drug or supplies needed to administer
9a prescription 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        (5) The prescription drug is not a controlled
20    substance.
 
21    Section 20. Resale of donated drugs or supplies prohibited.
22No prescription drug or supplies needed to administer a
23prescription drug that are donated for use under this Act may
24be resold.
 

 

 

SB2849- 4 -LRB100 19083 MJP 34340 b

1    Section 25. Participation in program not required. Nothing
2in this Act requires that a pharmacy or pharmacist participate
3in the prescription drug repository program.
 
4    Section 30. Immunity.
5    (a) A manufacturer of a drug or supply acting reasonably
6and in good faith is not subject to criminal or civil liability
7for injury, death, or loss to a person or property for matters
8related to the donation, acceptance, or dispensing of a
9prescription drug or supply manufactured by the manufacturer
10that is donated by any person under this Act.
11    (b) A person acting reasonably and in good faith, including
12a pharmacist or other health professional, is immune from civil
13liability for injury to or the death of the individual to whom
14the prescription drug or supply is dispensed and may not be
15found guilty of unprofessional conduct for his or her acts or
16omissions related to donating, accepting, distributing, or
17dispensing a prescription drug or supply under this Act. The
18immunity granted under this subsection does not apply to acts
19or omissions outside the scope of the program.
 
20    Section 90. The Pharmacy Practice Act is amended by
21changing Section 4 as follows:
 
22    (225 ILCS 85/4)  (from Ch. 111, par. 4124)
23    (Section scheduled to be repealed on January 1, 2020)

 

 

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

 

 

SB2849- 6 -LRB100 19083 MJP 34340 b

1    provisions of the Federal Food, Drug, and Cosmetic Act and
2    Regulations of the Department of Health and Human Services,
3    Food and Drug Administration, promulgated thereunder now
4    in effect, is designated, described or considered as a
5    narcotic, hypnotic, habit forming, dangerous, or poisonous
6    drug;
7        (d) the sale of poultry and livestock remedies in
8    original and unbroken packages only, labeled for poultry
9    and livestock medication;
10        (e) the sale of poisonous substances or mixture of
11    poisonous substances, in unbroken packages, for
12    nonmedicinal use in the arts or industries or for
13    insecticide purposes; provided, they are properly and
14    adequately labeled as to content and such nonmedicinal
15    usage, in conformity with the provisions of all applicable
16    federal, state and local laws and regulations promulgated
17    thereunder now in effect relating thereto and governing the
18    same, and those which are required under such applicable
19    laws and regulations to be labeled with the word "Poison",
20    are also labeled with the word "Poison" printed thereon in
21    prominent type and the name of a readily obtainable
22    antidote with directions for its administration;
23        (f) the delegation of limited prescriptive authority
24    by a physician licensed to practice medicine in all its
25    branches to a physician assistant under Section 7.5 of the
26    Physician Assistant Practice Act of 1987. This delegated

 

 

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1    authority under Section 7.5 of the Physician Assistant
2    Practice Act of 1987 may, but is not required to, include
3    prescription of controlled substances, as defined in
4    Article II of the Illinois Controlled Substances Act, in
5    accordance with a written supervision agreement;
6        (g) the delegation of prescriptive authority by a
7    physician licensed to practice medicine in all its branches
8    or a licensed podiatric physician to an advanced practice
9    registered nurse in accordance with a written
10    collaborative agreement under Sections 65-35 and 65-40 of
11    the Nurse Practice Act; and
12        (g-5) the donation or acceptance, or the packaging,
13    repackaging, or labeling, of prescription drugs to the
14    extent permitted or required under the Prescription Drug
15    Repository Program Act; and
16        (h) the sale or distribution of dialysate or devices
17    necessary to perform home peritoneal renal dialysis for
18    patients with end-stage renal disease, provided that all of
19    the following conditions are met:
20            (1) the dialysate, comprised of dextrose or
21        icodextrin, or devices are approved or cleared by the
22        federal Food and Drug Administration, as required by
23        federal law;
24            (2) the dialysate or devices are lawfully held by a
25        manufacturer or the manufacturer's agent, which is
26        properly registered with the Board as a manufacturer or

 

 

SB2849- 8 -LRB100 19083 MJP 34340 b

1        wholesaler;
2            (3) the dialysate or devices are held and delivered
3        to the manufacturer or the manufacturer's agent in the
4        original, sealed packaging from the manufacturing
5        facility;
6            (4) the dialysate or devices are delivered only
7        upon receipt of a physician's prescription by a
8        licensed pharmacy in which the prescription is
9        processed in accordance with provisions set forth in
10        this Act, and the transmittal of an order from the
11        licensed pharmacy to the manufacturer or the
12        manufacturer's agent; and
13            (5) the manufacturer or the manufacturer's agent
14        delivers the dialysate or devices directly to: (i) a
15        patient with end-stage renal disease, or his or her
16        designee, for the patient's self-administration of the
17        dialysis therapy or (ii) a health care provider or
18        institution for administration or delivery of the
19        dialysis therapy to a patient with end-stage renal
20        disease.
21        This paragraph (h) does not include any other drugs for
22    peritoneal dialysis, except dialysate, as described in
23    item (1) of this paragraph (h). All records of sales and
24    distribution of dialysate to patients made pursuant to this
25    paragraph (h) must be retained in accordance with Section
26    18 of this Act.

 

 

SB2849- 9 -LRB100 19083 MJP 34340 b

1(Source: P.A. 100-218, eff. 8-18-17; 100-513, eff. 1-1-18;
2revised 9-29-17.)
 
3    Section 95. The Wholesale Drug Distribution Licensing Act
4is amended by changing Section 15 as follows:
 
5    (225 ILCS 120/15)  (from Ch. 111, par. 8301-15)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 15. Definitions. As used in this Act:
8    "Authentication" means the affirmative verification,
9before any wholesale distribution of a prescription drug
10occurs, that each transaction listed on the pedigree has
11occurred.
12    "Authorized distributor of record" means a wholesale
13distributor with whom a manufacturer has established an ongoing
14relationship to distribute the manufacturer's prescription
15drug. An ongoing relationship is deemed to exist between a
16wholesale distributor and a manufacturer when the wholesale
17distributor, including any affiliated group of the wholesale
18distributor, as defined in Section 1504 of the Internal Revenue
19Code, complies with the following:
20        (1) The wholesale distributor has a written agreement
21    currently in effect with the manufacturer evidencing the
22    ongoing relationship; and
23        (2) The wholesale distributor is listed on the
24    manufacturer's current list of authorized distributors of

 

 

SB2849- 10 -LRB100 19083 MJP 34340 b

1    record, which is updated by the manufacturer on no less
2    than a monthly basis.
3    "Blood" means whole blood collected from a single donor and
4processed either for transfusion or further manufacturing.
5    "Blood component" means that part of blood separated by
6physical or mechanical means.
7    "Board" means the State Board of Pharmacy of the Department
8of Professional Regulation.
9    "Chain pharmacy warehouse" means a physical location for
10prescription drugs that acts as a central warehouse and
11performs intracompany sales or transfers of the drugs to a
12group of chain or mail order pharmacies that have the same
13common ownership and control. Notwithstanding any other
14provision of this Act, a chain pharmacy warehouse shall be
15considered part of the normal distribution channel.
16    "Co-licensed partner or product" means an instance where
17one or more parties have the right to engage in the
18manufacturing or marketing of a prescription drug, consistent
19with the FDA's implementation of the Prescription Drug
20Marketing Act.
21    "Department" means the Department of Financial and
22Professional Regulation.
23    "Drop shipment" means the sale of a prescription drug to a
24wholesale distributor by the manufacturer of the prescription
25drug or that manufacturer's co-licensed product partner, that
26manufacturer's third party logistics provider, or that

 

 

SB2849- 11 -LRB100 19083 MJP 34340 b

1manufacturer's exclusive distributor or by an authorized
2distributor of record that purchased the product directly from
3the manufacturer or one of these entities whereby the wholesale
4distributor or chain pharmacy warehouse takes title but not
5physical possession of such prescription drug and the wholesale
6distributor invoices the pharmacy, chain pharmacy warehouse,
7or other person authorized by law to dispense or administer
8such drug to a patient and the pharmacy, chain pharmacy
9warehouse, or other authorized person receives delivery of the
10prescription drug directly from the manufacturer, that
11manufacturer's third party logistics provider, or that
12manufacturer's exclusive distributor or from an authorized
13distributor of record that purchased the product directly from
14the manufacturer or one of these entities.
15    "Drug sample" means a unit of a prescription drug that is
16not intended to be sold and is intended to promote the sale of
17the drug.
18    "Facility" means a facility of a wholesale distributor
19where prescription drugs are stored, handled, repackaged, or
20offered for sale.
21    "FDA" means the United States Food and Drug Administration.
22    "Manufacturer" means a person licensed or approved by the
23FDA to engage in the manufacture of drugs or devices,
24consistent with the definition of "manufacturer" set forth in
25the FDA's regulations and guidances implementing the
26Prescription Drug Marketing Act. "Manufacturer" does not

 

 

SB2849- 12 -LRB100 19083 MJP 34340 b

1include anyone who is engaged in the packaging, repackaging, or
2labeling of prescription drugs only to the extent required
3under the Prescription Drug Repository Program Act.
4    "Manufacturer's exclusive distributor" means anyone who
5contracts with a manufacturer to provide or coordinate
6warehousing, distribution, or other services on behalf of a
7manufacturer and who takes title to that manufacturer's
8prescription drug, but who does not have general responsibility
9to direct the sale or disposition of the manufacturer's
10prescription drug. A manufacturer's exclusive distributor must
11be licensed as a wholesale distributor under this Act and, in
12order to be considered part of the normal distribution channel,
13must also be an authorized distributor of record.
14    "Normal distribution channel" means a chain of custody for
15a prescription drug that goes, directly or by drop shipment,
16from (i) a manufacturer of the prescription drug, (ii) that
17manufacturer to that manufacturer's co-licensed partner, (iii)
18that manufacturer to that manufacturer's third party logistics
19provider, or (iv) that manufacturer to that manufacturer's
20exclusive distributor to:
21        (1) a pharmacy or to other designated persons
22    authorized by law to dispense or administer the drug to a
23    patient;
24        (2) a wholesale distributor to a pharmacy or other
25    designated persons authorized by law to dispense or
26    administer the drug to a patient;

 

 

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1        (3) a wholesale distributor to a chain pharmacy
2    warehouse to that chain pharmacy warehouse's intracompany
3    pharmacy to a patient or other designated persons
4    authorized by law to dispense or administer the drug to a
5    patient;
6        (4) a chain pharmacy warehouse to the chain pharmacy
7    warehouse's intracompany pharmacy or other designated
8    persons authorized by law to dispense or administer the
9    drug to the patient;
10        (5) an authorized distributor of record to one other
11    authorized distributor of record to an office-based health
12    care practitioner authorized by law to dispense or
13    administer the drug to the patient; or
14        (6) an authorized distributor to a pharmacy or other
15    persons licensed to dispense or administer the drug.
16    "Pedigree" means a document or electronic file containing
17information that records each wholesale distribution of any
18given prescription drug from the point of origin to the final
19wholesale distribution point of any given prescription drug.
20    "Person" means and includes a natural person, partnership,
21association, corporation, or any other legal business entity.
22    "Pharmacy distributor" means any pharmacy licensed in this
23State or hospital pharmacy that is engaged in the delivery or
24distribution of prescription drugs either to any other pharmacy
25licensed in this State or to any other person or entity
26including, but not limited to, a wholesale drug distributor

 

 

SB2849- 14 -LRB100 19083 MJP 34340 b

1engaged in the delivery or distribution of prescription drugs
2who is involved in the actual, constructive, or attempted
3transfer of a drug in this State to other than the ultimate
4consumer except as otherwise provided for by law.
5    "Prescription drug" means any human drug, including any
6biological product (except for blood and blood components
7intended for transfusion or biological products that are also
8medical devices), required by federal law or regulation to be
9dispensed only by a prescription, including finished dosage
10forms and bulk drug substances subject to Section 503 of the
11Federal Food, Drug and Cosmetic Act.
12    "Repackage" means repackaging or otherwise changing the
13container, wrapper, or labeling to further the distribution of
14a prescription drug, excluding that completed by the pharmacist
15responsible for dispensing the product to a patient.
16    "Secretary" means the Secretary of Financial and
17Professional Regulation.
18    "Third party logistics provider" means anyone who
19contracts with a prescription drug manufacturer to provide or
20coordinate warehousing, distribution, or other services on
21behalf of a manufacturer, but does not take title to the
22prescription drug or have general responsibility to direct the
23prescription drug's sale or disposition. A third party
24logistics provider must be licensed as a wholesale distributor
25under this Act and, in order to be considered part of the
26normal distribution channel, must also be an authorized

 

 

SB2849- 15 -LRB100 19083 MJP 34340 b

1distributor of record.
2    "Wholesale distribution" means the distribution of
3prescription drugs to persons other than a consumer or patient,
4but does not include any of the following:
5        (1) Intracompany sales of prescription drugs, meaning
6    (i) any transaction or transfer between any division,
7    subsidiary, parent, or affiliated or related company under
8    the common ownership and control of a corporate entity or
9    (ii) any transaction or transfer between co-licensees of a
10    co-licensed product.
11        (2) The sale, purchase, distribution, trade, or
12    transfer of a prescription drug or offer to sell, purchase,
13    distribute, trade, or transfer a prescription drug for
14    emergency medical reasons.
15        (3) The distribution of prescription drug samples by
16    manufacturers' representatives.
17        (4) Drug returns, when conducted by a hospital, health
18    care entity, or charitable institution in accordance with
19    federal regulation.
20        (5) The sale of minimal quantities of prescription
21    drugs by licensed pharmacies to licensed practitioners for
22    office use or other licensed pharmacies.
23        (6) The sale, purchase, or trade of a drug, an offer to
24    sell, purchase, or trade a drug, or the dispensing of a
25    drug pursuant to a prescription.
26        (7) The sale, transfer, merger, or consolidation of all

 

 

SB2849- 16 -LRB100 19083 MJP 34340 b

1    or part of the business of a pharmacy or pharmacies from or
2    with another pharmacy or pharmacies, whether accomplished
3    as a purchase and sale of stock or business assets.
4        (8) The sale, purchase, distribution, trade, or
5    transfer of a prescription drug from one authorized
6    distributor of record to one additional authorized
7    distributor of record when the manufacturer has stated in
8    writing to the receiving authorized distributor of record
9    that the manufacturer is unable to supply the prescription
10    drug and the supplying authorized distributor of record
11    states in writing that the prescription drug being supplied
12    had until that time been exclusively in the normal
13    distribution channel.
14        (9) The delivery of or the offer to deliver a
15    prescription drug by a common carrier solely in the common
16    carrier's usual course of business of transporting
17    prescription drugs when the common carrier does not store,
18    warehouse, or take legal ownership of the prescription
19    drug.
20        (10) The sale or transfer from a retail pharmacy, mail
21    order pharmacy, or chain pharmacy warehouse of expired,
22    damaged, returned, or recalled prescription drugs to the
23    original manufacturer, the originating wholesale
24    distributor, or a third party returns processor.
25        (11) The donation of prescription drugs to the extent
26    permitted under the Prescription Drug Repository Program

 

 

SB2849- 17 -LRB100 19083 MJP 34340 b

1    Act.
2    "Wholesale drug distributor" means anyone engaged in the
3wholesale distribution of prescription drugs into, out of, or
4within the State, including without limitation manufacturers;
5repackers; own label distributors; jobbers; private label
6distributors; brokers; warehouses, including manufacturers'
7and distributors' warehouses; manufacturer's exclusive
8distributors; and authorized distributors of record; drug
9wholesalers or distributors; independent wholesale drug
10traders; specialty wholesale distributors; third party
11logistics providers; and retail pharmacies that conduct
12wholesale distribution; and chain pharmacy warehouses that
13conduct wholesale distribution. In order to be considered part
14of the normal distribution channel, a wholesale distributor
15must also be an authorized distributor of record.
16(Source: P.A. 97-804, eff. 1-1-13.)
 
17    Section 100. The Senior Pharmaceutical Assistance Act is
18amended by changing Section 10 as follows:
 
19    (320 ILCS 50/10)
20    Sec. 10. Definitions. In this Act:
21    "Manufacturer" includes:
22        (1) An entity that is engaged in (a) the production,
23    preparation, propagation, compounding, conversion, or
24    processing of prescription drug products (i) directly or

 

 

SB2849- 18 -LRB100 19083 MJP 34340 b

1    indirectly by extraction from substances of natural
2    origin, (ii) independently by means of chemical synthesis,
3    or (iii) by combination of extraction and chemical
4    synthesis; or (b) the packaging, repackaging, labeling or
5    re-labeling, or distribution of prescription drug
6    products.
7        (2) The entity holding legal title to or possession of
8    the national drug code number for the covered prescription
9    drug.
10    The term does not include a wholesale distributor of drugs,
11drugstore chain organization, or retail pharmacy licensed by
12the State. The term also does not include anyone who is engaged
13in the packaging, repackaging, or labeling of prescription
14drugs only to the extent required under the Prescription Drug
15Repository Program Act.
16    "Prescription drug" means a drug that may be dispensed only
17upon prescription by an authorized prescriber and that is
18approved for safety and effectiveness as a prescription drug
19under Section 505 or 507 of the Federal Food, Drug and Cosmetic
20Act.
21    "Senior citizen" or "senior" means a person 65 years of age
22or older.
23(Source: P.A. 92-594, eff. 6-27-02.)
 
24    Section 105. The Illinois Food, Drug and Cosmetic Act is
25amended by changing Section 16 as follows:
 

 

 

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1    (410 ILCS 620/16)  (from Ch. 56 1/2, par. 516)
2    Sec. 16. (a) The Director is hereby authorized to
3promulgate regulations exempting from any labeling or
4packaging requirement of this Act drugs and devices which are
5(i) , in accordance with the practice of the trade, to be
6processed, labeled or repacked in substantial quantities at
7establishments other than those where originally processed or
8packaged on condition that such drugs and devices are not
9adulterated or misbranded under the provisions of this Act upon
10removal from such processing, labeling or repacking
11establishment or (ii) packaged, repackaged, or labeled to the
12extent required under the Prescription Drug Repository Program
13Act.
14    (b) Drugs and device labeling or packaging exemptions
15adopted under the Federal Act and supplements thereto or
16revisions thereof shall apply to drugs and devices in Illinois
17except insofar as modified or rejected by regulations
18promulgated by the Director.
19    (c) A drug intended for use by man which (A) is a
20habit-forming drug to which Section 15 (d) applies; or (B)
21because of its toxicity or other potentiality for harmful
22effect or the method of its use or the collateral measures
23necessary to its use is not safe for use except under the
24supervision of a practitioner licensed by law to administer
25such drug; or (C) is limited by an approved application under

 

 

SB2849- 20 -LRB100 19083 MJP 34340 b

1Section 505 of the Federal Act or Section 17 of this Act to use
2under the professional supervision of a practitioner licensed
3by law to administer such drug, shall be dispensed only in
4accordance with the provisions of the "Illinois Controlled
5Substances Act". The act of dispensing a drug contrary to the
6provisions of this paragraph shall be deemed to be an act which
7results in a drug being misbranded while held for sale.
8    (d) Any drug dispensed by filling or refilling a written or
9oral prescription of a practitioner licensed by law to
10administer such drug shall be exempt from the requirements of
11Section 15, except subsections (a), (k) and (l) and clauses (2)
12and (3) of subsection (i), and the packaging requirements of
13subsections (g), (h) and (q), if the drug bears a label
14containing the proprietary name or names, or if there is none,
15the established name or names of the drugs, the dosage and
16quantity, unless the prescribing practitioner, in the interest
17of the health of the patient, directs otherwise in writing, the
18name and address of the dispenser, the serial number and date
19of the prescription or of its filling, the name of the
20prescriber and, if stated in the prescription, the name of the
21patient, and the directions for use and the cautionary
22statements, if any, contained in such prescription. This
23exemption shall not apply to any drug dispensed in the course
24of the conduct of business of dispensing drugs pursuant to
25diagnosis by mail, or to a drug dispensed in violation of
26subsection (a) of this Section.

 

 

SB2849- 21 -LRB100 19083 MJP 34340 b

1    (e) The Director may by regulation remove drugs subject to
2Section 15 (d) and Section 17 from the requirements of
3subsection (c) of this Section when such requirements are not
4necessary for the protection of the public health.
5    (f) A drug which is subject to subsection (c) of this
6Section shall be deemed to be misbranded if at any time before
7dispensing its label fails to bear the statement "Caution:
8Federal Law Prohibits Dispensing Without Prescription" or
9"Caution: State Law Prohibits Dispensing Without
10Prescription". A drug to which subsection (c) of this Section
11does not apply shall be deemed to be misbranded if at any time
12prior to dispensing its label bears the caution statement
13quoted in the preceding sentence.
14    (g) Nothing in this Section shall be construed to relieve
15any person from any requirement prescribed by or under
16authority of law with respect to controlled substances now
17included or which may hereafter be included within the
18classifications of controlled substances cannabis as defined
19in applicable Federal laws relating to controlled substances or
20cannabis or the Cannabis Control Act.
21(Source: P.A. 84-1308.)
 
22    Section 110. The Illinois Controlled Substances Act is
23amended by changing Section 102 as follows:
 
24    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)

 

 

SB2849- 22 -LRB100 19083 MJP 34340 b

1    Sec. 102. Definitions. As used in this Act, unless the
2context otherwise requires:
3    (a) "Addict" means any person who habitually uses any drug,
4chemical, substance or dangerous drug other than alcohol so as
5to endanger the public morals, health, safety or welfare or who
6is so far addicted to the use of a dangerous drug or controlled
7substance other than alcohol as to have lost the power of self
8control with reference to his or her addiction.
9    (b) "Administer" means the direct application of a
10controlled substance, whether by injection, inhalation,
11ingestion, or any other means, to the body of a patient,
12research subject, or animal (as defined by the Humane
13Euthanasia in Animal Shelters Act) by:
14        (1) a practitioner (or, in his or her presence, by his
15    or her authorized agent),
16        (2) the patient or research subject pursuant to an
17    order, or
18        (3) a euthanasia technician as defined by the Humane
19    Euthanasia in Animal Shelters Act.
20    (c) "Agent" means an authorized person who acts on behalf
21of or at the direction of a manufacturer, distributor,
22dispenser, prescriber, or practitioner. It does not include a
23common or contract carrier, public warehouseman or employee of
24the carrier or warehouseman.
25    (c-1) "Anabolic Steroids" means any drug or hormonal
26substance, chemically and pharmacologically related to

 

 

SB2849- 23 -LRB100 19083 MJP 34340 b

1testosterone (other than estrogens, progestins,
2corticosteroids, and dehydroepiandrosterone), and includes:
3    (i) 3[beta],17-dihydroxy-5a-androstane, 
4    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
5    (iii) 5[alpha]-androstan-3,17-dione, 
6    (iv) 1-androstenediol (3[beta], 
7        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
8    (v) 1-androstenediol (3[alpha], 
9        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
10    (vi) 4-androstenediol  
11        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
12    (vii) 5-androstenediol  
13        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
14    (viii) 1-androstenedione  
15        ([5alpha]-androst-1-en-3,17-dione), 
16    (ix) 4-androstenedione  
17        (androst-4-en-3,17-dione), 
18    (x) 5-androstenedione  
19        (androst-5-en-3,17-dione), 
20    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
21        hydroxyandrost-4-en-3-one), 
22    (xii) boldenone (17[beta]-hydroxyandrost- 
23        1,4,-diene-3-one), 
24    (xiii) boldione (androsta-1,4- 
25        diene-3,17-dione), 
26    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 

 

 

SB2849- 24 -LRB100 19083 MJP 34340 b

1        [beta]-hydroxyandrost-4-en-3-one), 
2    (xv) clostebol (4-chloro-17[beta]- 
3        hydroxyandrost-4-en-3-one), 
4    (xvi) dehydrochloromethyltestosterone (4-chloro- 
5        17[beta]-hydroxy-17[alpha]-methyl- 
6        androst-1,4-dien-3-one), 
7    (xvii) desoxymethyltestosterone 
8    (17[alpha]-methyl-5[alpha] 
9        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
10    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
11        '1-testosterone') (17[beta]-hydroxy- 
12        5[alpha]-androst-1-en-3-one), 
13    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
14        androstan-3-one), 
15    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
16        5[alpha]-androstan-3-one), 
17    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
18        hydroxyestr-4-ene), 
19    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
20        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
21    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
22        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
23    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
24        hydroxyandrostano[2,3-c]-furazan), 
25    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, ) 
26    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 

 

 

SB2849- 25 -LRB100 19083 MJP 34340 b

1        androst-4-en-3-one), 
2    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
3        dihydroxy-estr-4-en-3-one), 
4    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
5        hydroxy-5-androstan-3-one), 
6    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
7        [5a]-androstan-3-one), 
8    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
9        hydroxyandrost-1,4-dien-3-one), 
10    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
11        dihydroxyandrost-5-ene), 
12    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
13        5[alpha]-androst-1-en-3-one), 
14    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
15        dihydroxy-5a-androstane)
16    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
17        -5a-androstane)
18    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
19        dihydroxyandrost-4-ene), 
20    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
21        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
22    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
23        hydroxyestra-4,9(10)-dien-3-one), 
24    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
25        hydroxyestra-4,9-11-trien-3-one), 
26    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 

 

 

SB2849- 26 -LRB100 19083 MJP 34340 b

1        hydroxyandrost-4-en-3-one), 
2    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
3        hydroxyestr-4-en-3-one), 
4    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
5        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
6        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
7        1-testosterone'), 
8    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
9    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
10        dihydroxyestr-4-ene), 
11    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
12        dihydroxyestr-4-ene), 
13    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
14        dihydroxyestr-5-ene), 
15    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
16        dihydroxyestr-5-ene), 
17    (xlvii) 19-nor-4,9(10)-androstadienedione  
18        (estra-4,9(10)-diene-3,17-dione), 
19    (xlviii) 19-nor-4-androstenedione (estr-4- 
20        en-3,17-dione), 
21    (xlix) 19-nor-5-androstenedione (estr-5- 
22        en-3,17-dione), 
23    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
24        hydroxygon-4-en-3-one), 
25    (li) norclostebol (4-chloro-17[beta]- 
26        hydroxyestr-4-en-3-one), 

 

 

SB2849- 27 -LRB100 19083 MJP 34340 b

1    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
2        hydroxyestr-4-en-3-one), 
3    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
4        hydroxyestr-4-en-3-one), 
5    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
6        2-oxa-5[alpha]-androstan-3-one), 
7    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
8        dihydroxyandrost-4-en-3-one), 
9    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
10        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
11    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
12        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
13    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
14        (5[alpha]-androst-1-en-3-one), 
15    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
16        secoandrosta-1,4-dien-17-oic 
17        acid lactone), 
18    (lx) testosterone (17[beta]-hydroxyandrost- 
19        4-en-3-one), 
20    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
21        diethyl-17[beta]-hydroxygon- 
22        4,9,11-trien-3-one), 
23    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
24        11-trien-3-one). 
25    Any person who is otherwise lawfully in possession of an
26anabolic steroid, or who otherwise lawfully manufactures,

 

 

SB2849- 28 -LRB100 19083 MJP 34340 b

1distributes, dispenses, delivers, or possesses with intent to
2deliver an anabolic steroid, which anabolic steroid is
3expressly intended for and lawfully allowed to be administered
4through implants to livestock or other nonhuman species, and
5which is approved by the Secretary of Health and Human Services
6for such administration, and which the person intends to
7administer or have administered through such implants, shall
8not be considered to be in unauthorized possession or to
9unlawfully manufacture, distribute, dispense, deliver, or
10possess with intent to deliver such anabolic steroid for
11purposes of this Act.
12    (d) "Administration" means the Drug Enforcement
13Administration, United States Department of Justice, or its
14successor agency.
15    (d-5) "Clinical Director, Prescription Monitoring Program"
16means a Department of Human Services administrative employee
17licensed to either prescribe or dispense controlled substances
18who shall run the clinical aspects of the Department of Human
19Services Prescription Monitoring Program and its Prescription
20Information Library.
21    (d-10) "Compounding" means the preparation and mixing of
22components, excluding flavorings, (1) as the result of a
23prescriber's prescription drug order or initiative based on the
24prescriber-patient-pharmacist relationship in the course of
25professional practice or (2) for the purpose of, or incident
26to, research, teaching, or chemical analysis and not for sale

 

 

SB2849- 29 -LRB100 19083 MJP 34340 b

1or dispensing. "Compounding" includes the preparation of drugs
2or devices in anticipation of receiving prescription drug
3orders based on routine, regularly observed dispensing
4patterns. Commercially available products may be compounded
5for dispensing to individual patients only if both of the
6following conditions are met: (i) the commercial product is not
7reasonably available from normal distribution channels in a
8timely manner to meet the patient's needs and (ii) the
9prescribing practitioner has requested that the drug be
10compounded.
11    (e) "Control" means to add a drug or other substance, or
12immediate precursor, to a Schedule whether by transfer from
13another Schedule or otherwise.
14    (f) "Controlled Substance" means (i) a drug, substance,
15immediate precursor, or synthetic drug in the Schedules of
16Article II of this Act or (ii) a drug or other substance, or
17immediate precursor, designated as a controlled substance by
18the Department through administrative rule. The term does not
19include distilled spirits, wine, malt beverages, or tobacco, as
20those terms are defined or used in the Liquor Control Act of
211934 and the Tobacco Products Tax Act of 1995.
22    (f-5) "Controlled substance analog" means a substance:
23        (1) the chemical structure of which is substantially
24    similar to the chemical structure of a controlled substance
25    in Schedule I or II;
26        (2) which has a stimulant, depressant, or

 

 

SB2849- 30 -LRB100 19083 MJP 34340 b

1    hallucinogenic effect on the central nervous system that is
2    substantially similar to or greater than the stimulant,
3    depressant, or hallucinogenic effect on the central
4    nervous system of a controlled substance in Schedule I or
5    II; or
6        (3) with respect to a particular person, which such
7    person represents or intends to have a stimulant,
8    depressant, or hallucinogenic effect on the central
9    nervous system that is substantially similar to or greater
10    than the stimulant, depressant, or hallucinogenic effect
11    on the central nervous system of a controlled substance in
12    Schedule I or II.
13    (g) "Counterfeit substance" means a controlled substance,
14which, or the container or labeling of which, without
15authorization bears the trademark, trade name, or other
16identifying mark, imprint, number or device, or any likeness
17thereof, of a manufacturer, distributor, or dispenser other
18than the person who in fact manufactured, distributed, or
19dispensed the substance.
20    (h) "Deliver" or "delivery" means the actual, constructive
21or attempted transfer of possession of a controlled substance,
22with or without consideration, whether or not there is an
23agency relationship. "Deliver" or "delivery" does not include
24the donation of prescription drugs to the extent permitted
25under the Prescription Drug Repository Program Act.
26    (i) "Department" means the Illinois Department of Human

 

 

SB2849- 31 -LRB100 19083 MJP 34340 b

1Services (as successor to the Department of Alcoholism and
2Substance Abuse) or its successor agency.
3    (j) (Blank).
4    (k) "Department of Corrections" means the Department of
5Corrections of the State of Illinois or its successor agency.
6    (l) "Department of Financial and Professional Regulation"
7means the Department of Financial and Professional Regulation
8of the State of Illinois or its successor agency.
9    (m) "Depressant" means any drug that (i) causes an overall
10depression of central nervous system functions, (ii) causes
11impaired consciousness and awareness, and (iii) can be
12habit-forming or lead to a substance abuse problem, including
13but not limited to alcohol, cannabis and its active principles
14and their analogs, benzodiazepines and their analogs,
15barbiturates and their analogs, opioids (natural and
16synthetic) and their analogs, and chloral hydrate and similar
17sedative hypnotics.
18    (n) (Blank).
19    (o) "Director" means the Director of the Illinois State
20Police or his or her designated agents.
21    (p) "Dispense" means to deliver a controlled substance to
22an ultimate user or research subject by or pursuant to the
23lawful order of a prescriber, including the prescribing,
24administering, packaging, labeling, or compounding necessary
25to prepare the substance for that delivery.
26    (q) "Dispenser" means a practitioner who dispenses.

 

 

SB2849- 32 -LRB100 19083 MJP 34340 b

1    (r) "Distribute" means to deliver, other than by
2administering or dispensing, a controlled substance.
3    (s) "Distributor" means a person who distributes.
4    (t) "Drug" means (1) substances recognized as drugs in the
5official United States Pharmacopoeia, Official Homeopathic
6Pharmacopoeia of the United States, or official National
7Formulary, or any supplement to any of them; (2) substances
8intended for use in diagnosis, cure, mitigation, treatment, or
9prevention of disease in man or animals; (3) substances (other
10than food) intended to affect the structure of any function of
11the body of man or animals and (4) substances intended for use
12as a component of any article specified in clause (1), (2), or
13(3) of this subsection. It does not include devices or their
14components, parts, or accessories.
15    (t-3) "Electronic health record" or "EHR" means an
16electronic record of health-related information on an
17individual that is created, gathered, managed, and consulted by
18authorized health care clinicians and staff.
19    (t-4) "Emergency medical services personnel" has the
20meaning ascribed to it in the Emergency Medical Services (EMS)
21Systems Act.
22    (t-5) "Euthanasia agency" means an entity certified by the
23Department of Financial and Professional Regulation for the
24purpose of animal euthanasia that holds an animal control
25facility license or animal shelter license under the Animal
26Welfare Act. A euthanasia agency is authorized to purchase,

 

 

SB2849- 33 -LRB100 19083 MJP 34340 b

1store, possess, and utilize Schedule II nonnarcotic and
2Schedule III nonnarcotic drugs for the sole purpose of animal
3euthanasia.
4    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
5substances (nonnarcotic controlled substances) that are used
6by a euthanasia agency for the purpose of animal euthanasia.
7    (u) "Good faith" means the prescribing or dispensing of a
8controlled substance by a practitioner in the regular course of
9professional treatment to or for any person who is under his or
10her treatment for a pathology or condition other than that
11individual's physical or psychological dependence upon or
12addiction to a controlled substance, except as provided herein:
13and application of the term to a pharmacist shall mean the
14dispensing of a controlled substance pursuant to the
15prescriber's order which in the professional judgment of the
16pharmacist is lawful. The pharmacist shall be guided by
17accepted professional standards including, but not limited to
18the following, in making the judgment:
19        (1) lack of consistency of prescriber-patient
20    relationship,
21        (2) frequency of prescriptions for same drug by one
22    prescriber for large numbers of patients,
23        (3) quantities beyond those normally prescribed,
24        (4) unusual dosages (recognizing that there may be
25    clinical circumstances where more or less than the usual
26    dose may be used legitimately),

 

 

SB2849- 34 -LRB100 19083 MJP 34340 b

1        (5) unusual geographic distances between patient,
2    pharmacist and prescriber,
3        (6) consistent prescribing of habit-forming drugs.
4    (u-0.5) "Hallucinogen" means a drug that causes markedly
5altered sensory perception leading to hallucinations of any
6type.
7    (u-1) "Home infusion services" means services provided by a
8pharmacy in compounding solutions for direct administration to
9a patient in a private residence, long-term care facility, or
10hospice setting by means of parenteral, intravenous,
11intramuscular, subcutaneous, or intraspinal infusion.
12    (u-5) "Illinois State Police" means the State Police of the
13State of Illinois, or its successor agency.
14    (v) "Immediate precursor" means a substance:
15        (1) which the Department has found to be and by rule
16    designated as being a principal compound used, or produced
17    primarily for use, in the manufacture of a controlled
18    substance;
19        (2) which is an immediate chemical intermediary used or
20    likely to be used in the manufacture of such controlled
21    substance; and
22        (3) the control of which is necessary to prevent,
23    curtail or limit the manufacture of such controlled
24    substance.
25    (w) "Instructional activities" means the acts of teaching,
26educating or instructing by practitioners using controlled

 

 

SB2849- 35 -LRB100 19083 MJP 34340 b

1substances within educational facilities approved by the State
2Board of Education or its successor agency.
3    (x) "Local authorities" means a duly organized State,
4County or Municipal peace unit or police force.
5    (y) "Look-alike substance" means a substance, other than a
6controlled substance which (1) by overall dosage unit
7appearance, including shape, color, size, markings or lack
8thereof, taste, consistency, or any other identifying physical
9characteristic of the substance, would lead a reasonable person
10to believe that the substance is a controlled substance, or (2)
11is expressly or impliedly represented to be a controlled
12substance or is distributed under circumstances which would
13lead a reasonable person to believe that the substance is a
14controlled substance. For the purpose of determining whether
15the representations made or the circumstances of the
16distribution would lead a reasonable person to believe the
17substance to be a controlled substance under this clause (2) of
18subsection (y), the court or other authority may consider the
19following factors in addition to any other factor that may be
20relevant:
21        (a) statements made by the owner or person in control
22    of the substance concerning its nature, use or effect;
23        (b) statements made to the buyer or recipient that the
24    substance may be resold for profit;
25        (c) whether the substance is packaged in a manner
26    normally used for the illegal distribution of controlled

 

 

SB2849- 36 -LRB100 19083 MJP 34340 b

1    substances;
2        (d) whether the distribution or attempted distribution
3    included an exchange of or demand for money or other
4    property as consideration, and whether the amount of the
5    consideration was substantially greater than the
6    reasonable retail market value of the substance.
7    Clause (1) of this subsection (y) shall not apply to a
8noncontrolled substance in its finished dosage form that was
9initially introduced into commerce prior to the initial
10introduction into commerce of a controlled substance in its
11finished dosage form which it may substantially resemble.
12    Nothing in this subsection (y) prohibits the dispensing or
13distributing of noncontrolled substances by persons authorized
14to dispense and distribute controlled substances under this
15Act, provided that such action would be deemed to be carried
16out in good faith under subsection (u) if the substances
17involved were controlled substances.
18    Nothing in this subsection (y) or in this Act prohibits the
19manufacture, preparation, propagation, compounding,
20processing, packaging, advertising or distribution of a drug or
21drugs by any person registered pursuant to Section 510 of the
22Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
23    (y-1) "Mail-order pharmacy" means a pharmacy that is
24located in a state of the United States that delivers,
25dispenses or distributes, through the United States Postal
26Service or other common carrier, to Illinois residents, any

 

 

SB2849- 37 -LRB100 19083 MJP 34340 b

1substance which requires a prescription.
2    (z) "Manufacture" means the production, preparation,
3propagation, compounding, conversion or processing of a
4controlled substance other than methamphetamine, either
5directly or indirectly, by extraction from substances of
6natural origin, or independently by means of chemical
7synthesis, or by a combination of extraction and chemical
8synthesis, and includes any packaging or repackaging of the
9substance or labeling of its container, except that this term
10does not include:
11        (1) by an ultimate user, the preparation or compounding
12    of a controlled substance for his or her own use; or
13        (2) by a practitioner, or his or her authorized agent
14    under his or her supervision, the preparation,
15    compounding, packaging, or labeling of a controlled
16    substance:
17            (a) as an incident to his or her administering or
18        dispensing of a controlled substance in the course of
19        his or her professional practice; or
20            (b) as an incident to lawful research, teaching or
21        chemical analysis and not for sale; or .
22        (3) the packaging, repackaging, or labeling of
23    prescription drugs only to the extent required under the
24    Prescription Drug Repository Program Act.
25    (z-1) (Blank).
26    (z-5) "Medication shopping" means the conduct prohibited

 

 

SB2849- 38 -LRB100 19083 MJP 34340 b

1under subsection (a) of Section 314.5 of this Act.
2    (z-10) "Mid-level practitioner" means (i) a physician
3assistant who has been delegated authority to prescribe through
4a written delegation of authority by a physician licensed to
5practice medicine in all of its branches, in accordance with
6Section 7.5 of the Physician Assistant Practice Act of 1987,
7(ii) an advanced practice registered nurse who has been
8delegated authority to prescribe through a written delegation
9of authority by a physician licensed to practice medicine in
10all of its branches or by a podiatric physician, in accordance
11with Section 65-40 of the Nurse Practice Act, (iii) an advanced
12practice registered nurse certified as a nurse practitioner,
13nurse midwife, or clinical nurse specialist who has been
14granted authority to prescribe by a hospital affiliate in
15accordance with Section 65-45 of the Nurse Practice Act, (iv)
16an animal euthanasia agency, or (v) a prescribing psychologist.
17    (aa) "Narcotic drug" means any of the following, whether
18produced directly or indirectly by extraction from substances
19of vegetable origin, or independently by means of chemical
20synthesis, or by a combination of extraction and chemical
21synthesis:
22        (1) opium, opiates, derivatives of opium and opiates,
23    including their isomers, esters, ethers, salts, and salts
24    of isomers, esters, and ethers, whenever the existence of
25    such isomers, esters, ethers, and salts is possible within
26    the specific chemical designation; however the term

 

 

SB2849- 39 -LRB100 19083 MJP 34340 b

1    "narcotic drug" does not include the isoquinoline
2    alkaloids of opium;
3        (2) (blank);
4        (3) opium poppy and poppy straw;
5        (4) coca leaves, except coca leaves and extracts of
6    coca leaves from which substantially all of the cocaine and
7    ecgonine, and their isomers, derivatives and salts, have
8    been removed;
9        (5) cocaine, its salts, optical and geometric isomers,
10    and salts of isomers;
11        (6) ecgonine, its derivatives, their salts, isomers,
12    and salts of isomers;
13        (7) any compound, mixture, or preparation which
14    contains any quantity of any of the substances referred to
15    in subparagraphs (1) through (6).
16    (bb) "Nurse" means a registered nurse licensed under the
17Nurse Practice Act.
18    (cc) (Blank).
19    (dd) "Opiate" means any substance having an addiction
20forming or addiction sustaining liability similar to morphine
21or being capable of conversion into a drug having addiction
22forming or addiction sustaining liability.
23    (ee) "Opium poppy" means the plant of the species Papaver
24somniferum L., except its seeds.
25    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
26solution or other liquid form of medication intended for

 

 

SB2849- 40 -LRB100 19083 MJP 34340 b

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

 

 

SB2849- 41 -LRB100 19083 MJP 34340 b

1physician assistant, advanced practice registered nurse,
2licensed practical nurse, registered nurse, emergency medical
3services personnel, hospital, laboratory, or pharmacy, or
4other person licensed, registered, or otherwise lawfully
5permitted by the United States or this State to distribute,
6dispense, conduct research with respect to, administer or use
7in teaching or chemical analysis, a controlled substance in the
8course of professional practice or research.
9    (ll) "Pre-printed prescription" means a written
10prescription upon which the designated drug has been indicated
11prior to the time of issuance; the term does not mean a written
12prescription that is individually generated by machine or
13computer in the prescriber's office.
14    (mm) "Prescriber" means a physician licensed to practice
15medicine in all its branches, dentist, optometrist,
16prescribing psychologist licensed under Section 4.2 of the
17Clinical Psychologist Licensing Act with prescriptive
18authority delegated under Section 4.3 of the Clinical
19Psychologist Licensing Act, podiatric physician, or
20veterinarian who issues a prescription, a physician assistant
21who issues a prescription for a controlled substance in
22accordance with Section 303.05, a written delegation, and a
23written collaborative agreement required under Section 7.5 of
24the Physician Assistant Practice Act of 1987, an advanced
25practice registered nurse with prescriptive authority
26delegated under Section 65-40 of the Nurse Practice Act and in

 

 

SB2849- 42 -LRB100 19083 MJP 34340 b

1accordance with Section 303.05, a written delegation, and a
2written collaborative agreement under Section 65-35 of the
3Nurse Practice Act, an advanced practice registered nurse
4certified as a nurse practitioner, nurse midwife, or clinical
5nurse specialist who has been granted authority to prescribe by
6a hospital affiliate in accordance with Section 65-45 of the
7Nurse Practice Act and in accordance with Section 303.05, or an
8advanced practice registered nurse certified as a nurse
9practitioner, nurse midwife, or clinical nurse specialist who
10has full practice authority pursuant to Section 65-43 of the
11Nurse Practice Act.
12    (nn) "Prescription" means a written, facsimile, or oral
13order, or an electronic order that complies with applicable
14federal requirements, of a physician licensed to practice
15medicine in all its branches, dentist, podiatric physician or
16veterinarian for any controlled substance, of an optometrist in
17accordance with Section 15.1 of the Illinois Optometric
18Practice Act of 1987, of a prescribing psychologist licensed
19under Section 4.2 of the Clinical Psychologist Licensing Act
20with prescriptive authority delegated under Section 4.3 of the
21Clinical Psychologist Licensing Act, of a physician assistant
22for a controlled substance in accordance with Section 303.05, a
23written delegation, and a written collaborative agreement
24required under Section 7.5 of the Physician Assistant Practice
25Act of 1987, of an advanced practice registered nurse with
26prescriptive authority delegated under Section 65-40 of the

 

 

SB2849- 43 -LRB100 19083 MJP 34340 b

1Nurse Practice Act who issues a prescription for a controlled
2substance in accordance with Section 303.05, a written
3delegation, and a written collaborative agreement under
4Section 65-35 of the Nurse Practice Act, of an advanced
5practice registered nurse certified as a nurse practitioner,
6nurse midwife, or clinical nurse specialist who has been
7granted authority to prescribe by a hospital affiliate in
8accordance with Section 65-45 of the Nurse Practice Act and in
9accordance with Section 303.05 when required by law, or of an
10advanced practice registered nurse certified as a nurse
11practitioner, nurse midwife, or clinical nurse specialist who
12has full practice authority pursuant to Section 65-43 of the
13Nurse Practice Act.
14    (nn-5) "Prescription Information Library" (PIL) means an
15electronic library that contains reported controlled substance
16data.
17    (nn-10) "Prescription Monitoring Program" (PMP) means the
18entity that collects, tracks, and stores reported data on
19controlled substances and select drugs pursuant to Section 316.
20    (oo) "Production" or "produce" means manufacture,
21planting, cultivating, growing, or harvesting of a controlled
22substance other than methamphetamine.
23    (pp) "Registrant" means every person who is required to
24register under Section 302 of this Act.
25    (qq) "Registry number" means the number assigned to each
26person authorized to handle controlled substances under the

 

 

SB2849- 44 -LRB100 19083 MJP 34340 b

1laws of the United States and of this State.
2    (qq-5) "Secretary" means, as the context requires, either
3the Secretary of the Department or the Secretary of the
4Department of Financial and Professional Regulation, and the
5Secretary's designated agents.
6    (rr) "State" includes the State of Illinois and any state,
7district, commonwealth, territory, insular possession thereof,
8and any area subject to the legal authority of the United
9States of America.
10    (rr-5) "Stimulant" means any drug that (i) causes an
11overall excitation of central nervous system functions, (ii)
12causes impaired consciousness and awareness, and (iii) can be
13habit-forming or lead to a substance abuse problem, including
14but not limited to amphetamines and their analogs,
15methylphenidate and its analogs, cocaine, and phencyclidine
16and its analogs.
17    (ss) "Ultimate user" means a person who lawfully possesses
18a controlled substance for his or her own use or for the use of
19a member of his or her household or for administering to an
20animal owned by him or her or by a member of his or her
21household.
22(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15;
2399-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16;
24100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513, eff.
251-1-18; revised 10-6-17.)
 

 

 

SB2849- 45 -LRB100 19083 MJP 34340 b

1    Section 115. The Cannabis and Controlled Substances Tort
2Claims Act is amended by changing Section 3 as follows:
 
3    (740 ILCS 20/3)  (from Ch. 70, par. 903)
4    Sec. 3. Definitions. As used in this Act, unless the
5context otherwise requires:
6    "Cannabis" includes marihuana, hashish, and other
7substances that are identified as including any parts of the
8plant Cannabis Sativa, whether growing or not, the seeds of
9that plant, the resin extracted from any part of that plant,
10and any compound, manufacture, salt, derivative, mixture, or
11preparation of that plant, its seeds, or resin, including
12tetrahydrocannabinol (THC) and all other cannabinol
13derivatives, including its naturally occurring or
14synthetically produced ingredients, whether produced directly
15or indirectly by extraction, independently by means of chemical
16synthesis, or by a combination of extraction and chemical
17synthesis. "Cannabis" does not include the mature stalks of
18that plant, fiber produced from those stalks, oil or cake made
19from the seeds of that plant, any other compound, manufacture,
20salt, derivative, mixture, or preparation of mature stalks
21(except the extracted resin), fiber, oil or cake, or the
22sterilized seeds of that plant that are incapable of
23germination.
24    "Controlled substance" means a drug, substance, or
25immediate precursor in the Schedules of Article II of the

 

 

SB2849- 46 -LRB100 19083 MJP 34340 b

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

 

 

SB2849- 47 -LRB100 19083 MJP 34340 b

1    labeling of a controlled substance:
2            (A) as an incident to his administering or
3        dispensing of a controlled substance in the course of
4        his professional practice; or
5            (B) as an incident to lawful research, teaching or
6        chemical analysis and not for sale; or
7        (3) the preparation, compounding, packaging, or
8    labeling of cannabis as an incident to lawful research,
9    teaching, or chemical analysis and not for sale; or .
10        (4) the packaging, repackaging, or labeling of
11    prescription drugs only to the extent required under the
12    Prescription Drug Repository Program Act.
13    "Owner" means a person who has possession of or any
14interest whatsoever in the property involved.
15    "Person" means an individual, a corporation, a government,
16a governmental subdivision or agency, a business trust, an
17estate, a trust, a partnership or association, or any other
18entity.
19    "Production" means planting, cultivating, tending, or
20harvesting.
21    "Property" means real property, including things growing
22on, affixed to, and found in land, and tangible or intangible
23personal property, including rights, services, privileges,
24interests, claims, and securities.
25(Source: P.A. 96-328, eff. 8-11-09.)

 

 

SB2849- 48 -LRB100 19083 MJP 34340 b

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