SB0647 EngrossedLRB103 03100 RJT 48106 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 5. The Mental Health and Developmental
5Disabilities Administrative Act is amended by changing Section
64 as follows:
7    (20 ILCS 1705/4)  (from Ch. 91 1/2, par. 100-4)
8    Sec. 4. Supervision of facilities and services; quarterly
10    (a) To exercise executive and administrative supervision
11over all facilities, divisions, programs and services now
12existing or hereafter acquired or created under the
13jurisdiction of the Department, including, but not limited to,
14the following:
15        The Alton Mental Health Center, at Alton
16        The Clyde L. Choate Mental Health and Developmental
17    Center, at Anna
18        The Chester Mental Health Center, at Chester
19        The Chicago-Read Mental Health Center, at Chicago
20        The Elgin Mental Health Center, at Elgin
21        The Metropolitan Children and Adolescents Center, at
22    Chicago
23        The Jacksonville Developmental Center, at Jacksonville



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1        The Governor Samuel H. Shapiro Developmental Center,
2    at Kankakee
3        The Tinley Park Mental Health Center, at Tinley Park
4        The Warren G. Murray Developmental Center, at
5    Centralia
6        The Jack Mabley Developmental Center, at Dixon
7        The Lincoln Developmental Center, at Lincoln
8        The H. Douglas Singer Mental Health and Developmental
9    Center, at Rockford
10        The John J. Madden Mental Health Center, at Chicago
11        The George A. Zeller Mental Health Center, at Peoria
12        The Elizabeth Parsons Ware Packard Andrew McFarland
13    Mental Health Center, at Springfield
14        The Adolf Meyer Mental Health Center, at Decatur
15        The William W. Fox Developmental Center, at Dwight
16        The Elisabeth Ludeman Developmental Center, at Park
17    Forest
18        The William A. Howe Developmental Center, at Tinley
19    Park
20        The Ann M. Kiley Developmental Center, at Waukegan.
21    (b) Beginning not later than July 1, 1977, the Department
22shall cause each of the facilities under its jurisdiction
23which provide in-patient care to comply with standards, rules
24and regulations of the Department of Public Health prescribed
25under Section 6.05 of the Hospital Licensing Act.
26    (b-5) The Department shall cause each of the facilities



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1under its jurisdiction that provide in-patient care to comply
2with Section 6.25 of the Hospital Licensing Act.
3    (c) The Department shall issue quarterly electronic
4reports to the General Assembly on admissions, deflections,
5discharges, bed closures, staff-resident ratios, census,
6average length of stay, and any adverse federal certification
7or accreditation findings, if any, for each State-operated
8facility for the mentally ill and for persons with
9developmental disabilities. The quarterly reports shall be
10issued by January 1, April 1, July 1, and October 1 of each
11year. The quarterly reports shall include the following
12information for each facility reflecting the period ending 15
13days prior to the submission of the report:
14        (1) the number of employees;
15        (2) the number of workplace violence incidents that
16    occurred, including the number that were a direct assault
17    on employees by residents and the number that resulted
18    from staff intervention in a resident altercation or other
19    form of injurious behavior;
20        (3) the number of employees impacted in each incident;
21    and
22        (4) the number of employee injuries resulting,
23    descriptions of the nature of the injuries, the number of
24    employee injuries requiring medical treatment at the
25    facility, the number of employee injuries requiring
26    outside medical treatment, and the number of days off work



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1    per injury.
2    (d) The requirements in subsection (c) do not relieve the
3Department from the recordkeeping requirements of the
4Occupational Safety and Health Act.
5    (e) The Department shall:
6        (1) establish a reasonable procedure for employees to
7    report work-related assaults and injuries. A procedure is
8    not reasonable if it would deter or discourage a
9    reasonable employee from accurately reporting a workplace
10    assault or injury;
11        (2) inform each employee:
12            (A) of the procedure for reporting work-related
13        assaults and injuries;
14            (B) of the right to report work-related assaults
15        and injuries; and
16            (C) that the Department is prohibited from
17        discharging or in any manner discriminating against
18        employees for reporting work-related assaults and
19        injuries; and
20        (3) not discharge, discipline, or in any manner
21    discriminate against any employee for reporting a
22    work-related assault or injury.
23(Source: P.A. 99-143, eff. 7-27-15; 100-1075, eff. 1-1-19.)
24    (405 ILCS 95/Act rep.)
25    Section 10. The Perinatal Mental Health Disorders



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1Prevention and Treatment Act is repealed.
2    Section 15. The Maternal Mental Health Conditions
3Education, Early Diagnosis, and Treatment Act is amended by
4changing Sections 5, 10, and 15 and by adding Sections 9 and 14
5as follows:
6    (405 ILCS 120/5)
7    Sec. 5. Findings. The General Assembly finds the
9        (1) Maternal depression is a common complication of
10    pregnancy. Maternal mental health disorders encompass a
11    range of mental health conditions, such as depression,
12    anxiety, and postpartum psychosis.
13        (2) Maternal mental health conditions affect one in 5
14    women during or after pregnancy, but all women are at risk
15    of suffering from maternal mental health conditions.
16        (3) Untreated maternal mental health conditions
17    significantly and negatively impact the short-term and
18    long-term health and well-being of affected women and
19    their children.
20        (4) Untreated maternal mental health conditions cause
21    adverse birth outcomes, impaired maternal-infant bonding,
22    poor infant growth, childhood emotional and behavioral
23    problems, and significant medical and economic costs,
24    estimated to be $22,500 per mother.



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1        (5) Lack of understanding and social stigma of mental
2    health conditions prevent women and families from
3    understanding the signs, symptoms, and risks involved with
4    maternal mental health conditions and disproportionately
5    affect women who lack access to social support networks.
6        (6) It is the intent of the General Assembly to raise
7    awareness of the risk factors, signs, symptoms, and
8    treatment options for maternal mental health conditions
9    among pregnant women and their families, the general
10    public, primary health care providers, and health care
11    providers who care for pregnant women, postpartum women,
12    and newborn infants.
13(Source: P.A. 101-512, eff. 1-1-20.)
14    (405 ILCS 120/9 new)
15    Sec. 9. Intent. It is the intent of the General Assembly:
16        (1) to raise awareness of the risk factors, signs,
17    symptoms, and treatment options for maternal mental health
18    conditions among pregnant women and their families, the
19    general public, primary care providers, and health care
20    providers who care for pregnant women, postpartum women,
21    and newborn infants;
22        (2) to provide information to women and their families
23    about maternal mental health conditions in order to lower
24    the likelihood that new mothers will continue to suffer
25    from this illness in silence;



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1        (3) to develop procedures for assessing women for
2    maternal mental health conditions during prenatal and
3    postnatal visits to licensed health care professionals;
4    and
5        (4) to promote early detection of maternal mental
6    health conditions to promote early care and treatment and,
7    when medically appropriate, to avoid medication.
8    (405 ILCS 120/10)
9    Sec. 10. Definitions. In this Act:
10    "Birthing hospital" means a hospital that has an approved
11obstetric category of service and licensed beds by the Health
12Facilities and Services Review Board.
13    "Department" means the Department of Human Services.
14    "Licensed health care professional" means a physician
15licensed to practice medicine in all its branches, a licensed
16advanced practice registered nurse, or a licensed physician
18    "Maternal mental health condition" means a mental health
19condition that occurs during pregnancy or during the
20postpartum period and includes, but is not limited to,
21postpartum depression.
22    "Postnatal care" means an office visit to a licensed
23health care professional occurring after birth, with reference
24to the infant or mother.
25    "Prenatal care" means an office visit to a licensed health



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1care professional for pregnancy-related care occurring before
2the birth.
3    "Questionnaire" means an assessment tool administered by a
4licensed health care professional to detect maternal mental
5health conditions, such as the Edinburgh Postnatal Depression
6Scale, the Postpartum Depression Screening Scale, the Beck
7Depression Inventory, the Patient Health Questionnaire, or
8other validated assessment methods.
9(Source: P.A. 101-512, eff. 1-1-20.)
10    (405 ILCS 120/14 new)
11    Sec. 14. Maternal mental health conditions prevention and
12treatment. The Department of Human Services, in conjunction
13with the Department of Healthcare and Family Services, the
14Department of Public Health, and the Department of Financial
15and Professional Regulation and the Medical Licensing Board,
16shall work with birthing hospitals and licensed health care
17professionals in this State to develop policies, procedures,
18information, and educational materials to meet each of the
19following requirements concerning maternal mental health
21        (1) Licensed health care professionals providing
22    prenatal care to women shall provide education to women
23    and, if possible and with permission, to their families
24    about maternal mental health conditions in accordance with
25    the formal opinions and recommendations of the American



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1    College of Obstetricians and Gynecologists.
2        (2) All birthing hospitals shall provide new mothers,
3    prior to discharge following childbirth, and, if possible,
4    shall provide fathers and other family members with
5    complete information about maternal mental health
6    conditions, including its symptoms, methods of coping with
7    the illness, treatment resources, post-hospital treatment
8    options, and community resources. The Department of Human
9    Services shall provide written information that hospitals
10    may use to satisfy this subsection (2). A birthing
11    hospital shall supplement the materials provided by the
12    Department to include relevant resources to the region or
13    community in which the birthing hospital is located.
14        (3) Licensed health care professionals providing
15    prenatal care at a prenatal visit shall invite each
16    pregnant patient to complete a questionnaire and shall
17    review the completed questionnaire in accordance with the
18    formal opinions and recommendations of the American
19    College of Obstetricians and Gynecologists. Assessment for
20    maternal mental health conditions must be repeated when,
21    in the professional judgment of the licensed health care
22    professional, a reasonable possibility exists that the
23    woman suffers from a maternal mental health condition.
24        (4) Licensed health care professionals providing
25    postnatal care to women shall invite each patient to
26    complete a questionnaire and shall review the completed



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1    questionnaire in accordance with the formal opinions and
2    recommendations of the American College of Obstetricians
3    and Gynecologists.
4        (5) Licensed health care professionals providing
5    pediatric care to an infant shall invite the infant's
6    mother to complete a questionnaire at any well-baby
7    check-up at which the mother is present prior to the
8    infant's first birthday, and shall review the completed
9    questionnaire in accordance with the formal opinions and
10    recommendations of the American College of Obstetricians
11    and Gynecologists, in order to ensure that the health and
12    well-being of the infant are not compromised by an
13    undiagnosed maternal mental health condition in the
14    mother. In order to share results from an assessment with
15    the mother's primary licensed health care professional,
16    consent should be obtained from the mother in accordance
17    with the Illinois Health Insurance Portability and
18    Accountability Act. If the mother is determined to present
19    an acute danger to herself or someone else, consent is not
20    required.
21    (405 ILCS 120/15)
22    Sec. 15. Educational materials about maternal mental
23health conditions. The Department, in conjunction with the
24Department of Healthcare and Family Services, the Department
25of Public Health, and the Department of Financial and



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1Professional Regulation and the Medical Licensing Board, shall
2develop educational materials for health care professionals
3and patients about maternal mental health conditions. A
4birthing hospital shall, on or before January 1, 2021,
5distribute these materials to employees regularly assigned to
6work with pregnant or postpartum women and incorporate these
7materials in any employee training that is related to patient
8care of pregnant or postpartum women. A birthing hospital
9shall supplement the materials provided by the Department to
10include relevant resources to the region or community in which
11the birthing hospital is located. The educational materials
12developed under this Section shall include all of the
14        (1) Information for postpartum women and families
15    about maternal mental health conditions, post-hospital
16    treatment options, and community resources.
17        (1) (2) Information for hospital employees regularly
18    assigned to work in the perinatal unit, including, as
19    appropriate, registered nurses and social workers, about
20    maternal mental health conditions.
21        (2) (3) Any other service the birthing hospital
22    determines should be included in the program to provide
23    optimal patient care.
24(Source: P.A. 101-512, eff. 1-1-20.)
25    Section 20. The Illinois Controlled Substances Act is



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1amended by changing Sections 100, 102, 201, 203, 205, 207,
2208, 209, 210, 211, 216, 312, 313, 318, 320, 410, 411.2, 413,
3504, 508, and 509 as follows:
4    (720 ILCS 570/100)  (from Ch. 56 1/2, par. 1100)
5    Sec. 100. Legislative intent. It is the intent of the
6General Assembly, recognizing the rising incidence in the
7misuse abuse of drugs and other dangerous substances and its
8resultant damage to the peace, health, and welfare of the
9citizens of Illinois, to provide a system of control over the
10distribution and use of controlled substances which will more
11effectively: (1) limit access of such substances only to those
12persons who have demonstrated an appropriate sense of
13responsibility and have a lawful and legitimate reason to
14possess them; (2) deter the unlawful and destructive misuse
15abuse of controlled substances; (3) penalize most heavily the
16illicit traffickers or profiteers of controlled substances,
17who propagate and perpetuate the misuse abuse of such
18substances with reckless disregard for its consumptive
19consequences upon every element of society; (4) acknowledge
20the functional and consequential differences between the
21various types of controlled substances and provide for
22correspondingly different degrees of control over each of the
23various types; (5) unify where feasible and codify the efforts
24of this State to conform with the regulatory systems of the
25Federal government; and (6) provide law enforcement



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1authorities with the necessary resources to make this system
3    It is not the intent of the General Assembly to treat the
4unlawful user or occasional petty distributor of controlled
5substances with the same severity as the large-scale, unlawful
6purveyors and traffickers of controlled substances. However,
7it is recognized that persons who violate this Act with
8respect to the manufacture, delivery, possession with intent
9to deliver, or possession of more than one type of controlled
10substance listed herein may accordingly receive multiple
11convictions and sentences under each Section of this Act. To
12this end, guidelines have been provided, along with a wide
13latitude in sentencing discretion, to enable the sentencing
14court to order penalties in each case which are appropriate
15for the purposes of this Act.
16(Source: P.A. 97-334, eff. 1-1-12.)
17    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
18    Sec. 102. Definitions. As used in this Act, unless the
19context otherwise requires:
20    (a) "Person with a substance use disorder Addict" means
21any person who has a substance use disorder diagnosis defined
22as a spectrum of persistent and recurring problematic behavior
23that encompasses 10 separate classes of drugs: alcohol;
24caffeine; cannabis; hallucinogens; inhalants; opioids;
25sedatives, hypnotics and anxiolytics; stimulants; and tobacco;



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



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



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



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



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



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



SB0647 Engrossed- 20 -LRB103 03100 RJT 48106 b

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



SB0647 Engrossed- 21 -LRB103 03100 RJT 48106 b

1of drugs or devices in anticipation of receiving prescription
2drug orders based on routine, regularly observed dispensing
3patterns. Commercially available products may be compounded
4for dispensing to individual patients only if both of the
5following conditions are met: (i) the commercial product is
6not reasonably available from normal distribution channels in
7a timely manner to meet the patient's needs and (ii) the
8prescribing practitioner has requested that the drug be
10    (e) "Control" means to add a drug or other substance, or
11immediate precursor, to a Schedule whether by transfer from
12another Schedule or otherwise.
13    (f) "Controlled Substance" means (i) a drug, substance,
14immediate precursor, or synthetic drug in the Schedules of
15Article II of this Act or (ii) a drug or other substance, or
16immediate precursor, designated as a controlled substance by
17the Department through administrative rule. The term does not
18include distilled spirits, wine, malt beverages, or tobacco,
19as those terms are defined or used in the Liquor Control Act of
201934 and the Tobacco Products Tax Act of 1995.
21    (f-5) "Controlled substance analog" means a substance:
22        (1) the chemical structure of which is substantially
23    similar to the chemical structure of a controlled
24    substance in Schedule I or II;
25        (2) which has a stimulant, depressant, or
26    hallucinogenic effect on the central nervous system that



SB0647 Engrossed- 22 -LRB103 03100 RJT 48106 b

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



SB0647 Engrossed- 23 -LRB103 03100 RJT 48106 b

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



SB0647 Engrossed- 24 -LRB103 03100 RJT 48106 b

1administering or dispensing, a controlled substance.
2    (s) "Distributor" means a person who distributes.
3    (t) "Drug" means (1) substances recognized as drugs in the
4official United States Pharmacopoeia, Official Homeopathic
5Pharmacopoeia of the United States, or official National
6Formulary, or any supplement to any of them; (2) substances
7intended for use in diagnosis, cure, mitigation, treatment, or
8prevention of disease in man or animals; (3) substances (other
9than food) intended to affect the structure of any function of
10the body of man or animals and (4) substances intended for use
11as a component of any article specified in clause (1), (2), or
12(3) of this subsection. It does not include devices or their
13components, parts, or accessories.
14    (t-3) "Electronic health record" or "EHR" means an
15electronic record of health-related information on an
16individual that is created, gathered, managed, and consulted
17by authorized health care clinicians and staff.
18    (t-3.5) "Electronic health record system" or "EHR system"
19means any computer-based system or combination of federally
20certified Health IT Modules (defined at 42 CFR 170.102 or its
21successor) used as a repository for electronic health records
22and accessed or updated by a prescriber or authorized
23surrogate in the ordinary course of his or her medical
24practice. For purposes of connecting to the Prescription
25Information Library maintained by the Bureau of Pharmacy and
26Clinical Support Systems or its successor, an EHR system may



SB0647 Engrossed- 25 -LRB103 03100 RJT 48106 b

1connect to the Prescription Information Library directly or
2through all or part of a computer program or system that is a
3federally certified Health IT Module maintained by a third
4party and used by the EHR system to secure access to the
6    (t-4) "Emergency medical services personnel" has the
7meaning ascribed to it in the Emergency Medical Services (EMS)
8Systems Act.
9    (t-5) "Euthanasia agency" means an entity certified by the
10Department of Financial and Professional Regulation for the
11purpose of animal euthanasia that holds an animal control
12facility license or animal shelter license under the Animal
13Welfare Act. A euthanasia agency is authorized to purchase,
14store, possess, and utilize Schedule II nonnarcotic and
15Schedule III nonnarcotic drugs for the sole purpose of animal
17    (t-10) "Euthanasia drugs" means Schedule II or Schedule
18III substances (nonnarcotic controlled substances) that are
19used by a euthanasia agency for the purpose of animal
21    (u) "Good faith" means the prescribing or dispensing of a
22controlled substance by a practitioner in the regular course
23of professional treatment to or for any person who is under his
24or her treatment for a pathology or condition other than that
25individual's physical or psychological dependence upon or
26addiction to a controlled substance, except as provided



SB0647 Engrossed- 26 -LRB103 03100 RJT 48106 b

1herein: and application of the term to a pharmacist shall mean
2the dispensing of a controlled substance pursuant to the
3prescriber's order which in the professional judgment of the
4pharmacist is lawful. The pharmacist shall be guided by
5accepted professional standards, including, but not limited
6to, the following, in making the judgment:
7        (1) lack of consistency of prescriber-patient
8    relationship,
9        (2) frequency of prescriptions for same drug by one
10    prescriber for large numbers of patients,
11        (3) quantities beyond those normally prescribed,
12        (4) unusual dosages (recognizing that there may be
13    clinical circumstances where more or less than the usual
14    dose may be used legitimately),
15        (5) unusual geographic distances between patient,
16    pharmacist and prescriber,
17        (6) consistent prescribing of habit-forming drugs.
18    (u-0.5) "Hallucinogen" means a drug that causes markedly
19altered sensory perception leading to hallucinations of any
21    (u-1) "Home infusion services" means services provided by
22a pharmacy in compounding solutions for direct administration
23to a patient in a private residence, long-term care facility,
24or hospice setting by means of parenteral, intravenous,
25intramuscular, subcutaneous, or intraspinal infusion.
26    (u-5) "Illinois State Police" means the Illinois State



SB0647 Engrossed- 27 -LRB103 03100 RJT 48106 b

1Police or its successor agency.
2    (v) "Immediate precursor" means a substance:
3        (1) which the Department has found to be and by rule
4    designated as being a principal compound used, or produced
5    primarily for use, in the manufacture of a controlled
6    substance;
7        (2) which is an immediate chemical intermediary used
8    or likely to be used in the manufacture of such controlled
9    substance; and
10        (3) the control of which is necessary to prevent,
11    curtail or limit the manufacture of such controlled
12    substance.
13    (w) "Instructional activities" means the acts of teaching,
14educating or instructing by practitioners using controlled
15substances within educational facilities approved by the State
16Board of Education or its successor agency.
17    (x) "Local authorities" means a duly organized State,
18County or Municipal peace unit or police force.
19    (y) "Look-alike substance" means a substance, other than a
20controlled substance which (1) by overall dosage unit
21appearance, including shape, color, size, markings or lack
22thereof, taste, consistency, or any other identifying physical
23characteristic of the substance, would lead a reasonable
24person to believe that the substance is a controlled
25substance, or (2) is expressly or impliedly represented to be
26a controlled substance or is distributed under circumstances



SB0647 Engrossed- 28 -LRB103 03100 RJT 48106 b

1which would lead a reasonable person to believe that the
2substance is a controlled substance. For the purpose of
3determining whether the representations made or the
4circumstances of the distribution would lead a reasonable
5person to believe the substance to be a controlled substance
6under this clause (2) of subsection (y), the court or other
7authority may consider the following factors in addition to
8any other factor that may be relevant:
9        (a) statements made by the owner or person in control
10    of the substance concerning its nature, use or effect;
11        (b) statements made to the buyer or recipient that the
12    substance may be resold for profit;
13        (c) whether the substance is packaged in a manner
14    normally used for the illegal distribution of controlled
15    substances;
16        (d) whether the distribution or attempted distribution
17    included an exchange of or demand for money or other
18    property as consideration, and whether the amount of the
19    consideration was substantially greater than the
20    reasonable retail market value of the substance.
21    Clause (1) of this subsection (y) shall not apply to a
22noncontrolled substance in its finished dosage form that was
23initially introduced into commerce prior to the initial
24introduction into commerce of a controlled substance in its
25finished dosage form which it may substantially resemble.
26    Nothing in this subsection (y) prohibits the dispensing or



SB0647 Engrossed- 29 -LRB103 03100 RJT 48106 b

1distributing of noncontrolled substances by persons authorized
2to dispense and distribute controlled substances under this
3Act, provided that such action would be deemed to be carried
4out in good faith under subsection (u) if the substances
5involved were controlled substances.
6    Nothing in this subsection (y) or in this Act prohibits
7the manufacture, preparation, propagation, compounding,
8processing, packaging, advertising or distribution of a drug
9or drugs by any person registered pursuant to Section 510 of
10the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
11    (y-1) "Mail-order pharmacy" means a pharmacy that is
12located in a state of the United States that delivers,
13dispenses or distributes, through the United States Postal
14Service or other common carrier, to Illinois residents, any
15substance which requires a prescription.
16    (z) "Manufacture" means the production, preparation,
17propagation, compounding, conversion or processing of a
18controlled substance other than methamphetamine, either
19directly or indirectly, by extraction from substances of
20natural origin, or independently by means of chemical
21synthesis, or by a combination of extraction and chemical
22synthesis, and includes any packaging or repackaging of the
23substance or labeling of its container, except that this term
24does not include:
25        (1) by an ultimate user, the preparation or
26    compounding of a controlled substance for his or her own



SB0647 Engrossed- 30 -LRB103 03100 RJT 48106 b

1    use;
2        (2) by a practitioner, or his or her authorized agent
3    under his or her supervision, the preparation,
4    compounding, packaging, or labeling of a controlled
5    substance:
6            (a) as an incident to his or her administering or
7        dispensing of a controlled substance in the course of
8        his or her professional practice; or
9            (b) as an incident to lawful research, teaching or
10        chemical analysis and not for sale; or
11        (3) the packaging, repackaging, or labeling of drugs
12    only to the extent permitted under the Illinois Drug Reuse
13    Opportunity Program Act.
14    (z-1) (Blank).
15    (z-5) "Medication shopping" means the conduct prohibited
16under subsection (a) of Section 314.5 of this Act.
17    (z-10) "Mid-level practitioner" means (i) a physician
18assistant who has been delegated authority to prescribe
19through a written delegation of authority by a physician
20licensed to practice medicine in all of its branches, in
21accordance with Section 7.5 of the Physician Assistant
22Practice Act of 1987, (ii) an advanced practice registered
23nurse who has been delegated authority to prescribe through a
24written delegation of authority by a physician licensed to
25practice medicine in all of its branches or by a podiatric
26physician, in accordance with Section 65-40 of the Nurse



SB0647 Engrossed- 31 -LRB103 03100 RJT 48106 b

1Practice Act, (iii) an advanced practice registered nurse
2certified as a nurse practitioner, nurse midwife, or clinical
3nurse specialist who has been granted authority to prescribe
4by a hospital affiliate in accordance with Section 65-45 of
5the Nurse Practice Act, (iv) an animal euthanasia agency, or
6(v) a prescribing psychologist.
7    (aa) "Narcotic drug" means any of the following, whether
8produced directly or indirectly by extraction from substances
9of vegetable origin, or independently by means of chemical
10synthesis, or by a combination of extraction and chemical
12        (1) opium, opiates, derivatives of opium and opiates,
13    including their isomers, esters, ethers, salts, and salts
14    of isomers, esters, and ethers, whenever the existence of
15    such isomers, esters, ethers, and salts is possible within
16    the specific chemical designation; however the term
17    "narcotic drug" does not include the isoquinoline
18    alkaloids of opium;
19        (2) (blank);
20        (3) opium poppy and poppy straw;
21        (4) coca leaves, except coca leaves and extracts of
22    coca leaves from which substantially all of the cocaine
23    and ecgonine, and their isomers, derivatives and salts,
24    have been removed;
25        (5) cocaine, its salts, optical and geometric isomers,
26    and salts of isomers;



SB0647 Engrossed- 32 -LRB103 03100 RJT 48106 b

1        (6) ecgonine, its derivatives, their salts, isomers,
2    and salts of isomers;
3        (7) any compound, mixture, or preparation which
4    contains any quantity of any of the substances referred to
5    in subparagraphs (1) through (6).
6    (bb) "Nurse" means a registered nurse licensed under the
7Nurse Practice Act.
8    (cc) (Blank).
9    (dd) "Opiate" means a drug derived from or related to
10opium any substance having an addiction forming or addiction
11sustaining liability similar to morphine or being capable of
12conversion into a drug having addiction forming or addiction
13sustaining liability.
14    (ee) "Opium poppy" means the plant of the species Papaver
15somniferum L., except its seeds.
16    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
17solution or other liquid form of medication intended for
18administration by mouth, but the term does not include a form
19of medication intended for buccal, sublingual, or transmucosal
21    (ff) "Parole and Pardon Board" means the Parole and Pardon
22Board of the State of Illinois or its successor agency.
23    (gg) "Person" means any individual, corporation,
24mail-order pharmacy, government or governmental subdivision or
25agency, business trust, estate, trust, partnership or
26association, or any other entity.



SB0647 Engrossed- 33 -LRB103 03100 RJT 48106 b

1    (hh) "Pharmacist" means any person who holds a license or
2certificate of registration as a registered pharmacist, a
3local registered pharmacist or a registered assistant
4pharmacist under the Pharmacy Practice Act.
5    (ii) "Pharmacy" means any store, ship or other place in
6which pharmacy is authorized to be practiced under the
7Pharmacy Practice Act.
8    (ii-5) "Pharmacy shopping" means the conduct prohibited
9under subsection (b) of Section 314.5 of this Act.
10    (ii-10) "Physician" (except when the context otherwise
11requires) means a person licensed to practice medicine in all
12of its branches.
13    (jj) "Poppy straw" means all parts, except the seeds, of
14the opium poppy, after mowing.
15    (kk) "Practitioner" means a physician licensed to practice
16medicine in all its branches, dentist, optometrist, podiatric
17physician, veterinarian, scientific investigator, pharmacist,
18physician assistant, advanced practice registered nurse,
19licensed practical nurse, registered nurse, emergency medical
20services personnel, hospital, laboratory, or pharmacy, or
21other person licensed, registered, or otherwise lawfully
22permitted by the United States or this State to distribute,
23dispense, conduct research with respect to, administer or use
24in teaching or chemical analysis, a controlled substance in
25the course of professional practice or research.
26    (ll) "Pre-printed prescription" means a written



SB0647 Engrossed- 34 -LRB103 03100 RJT 48106 b

1prescription upon which the designated drug has been indicated
2prior to the time of issuance; the term does not mean a written
3prescription that is individually generated by machine or
4computer in the prescriber's office.
5    (mm) "Prescriber" means a physician licensed to practice
6medicine in all its branches, dentist, optometrist,
7prescribing psychologist licensed under Section 4.2 of the
8Clinical Psychologist Licensing Act with prescriptive
9authority delegated under Section 4.3 of the Clinical
10Psychologist Licensing Act, podiatric physician, or
11veterinarian who issues a prescription, a physician assistant
12who issues a prescription for a controlled substance in
13accordance with Section 303.05, a written delegation, and a
14written collaborative agreement required under Section 7.5 of
15the Physician Assistant Practice Act of 1987, an advanced
16practice registered nurse with prescriptive authority
17delegated under Section 65-40 of the Nurse Practice Act and in
18accordance with Section 303.05, a written delegation, and a
19written collaborative agreement under Section 65-35 of the
20Nurse Practice Act, an advanced practice registered nurse
21certified as a nurse practitioner, nurse midwife, or clinical
22nurse specialist who has been granted authority to prescribe
23by a hospital affiliate in accordance with Section 65-45 of
24the Nurse Practice Act and in accordance with Section 303.05,
25or an advanced practice registered nurse certified as a nurse
26practitioner, nurse midwife, or clinical nurse specialist who



SB0647 Engrossed- 35 -LRB103 03100 RJT 48106 b

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



SB0647 Engrossed- 36 -LRB103 03100 RJT 48106 b

1advanced practice registered nurse certified as a nurse
2practitioner, nurse midwife, or clinical nurse specialist who
3has full practice authority pursuant to Section 65-43 of the
4Nurse Practice Act.
5    (nn-5) "Prescription Information Library" (PIL) means an
6electronic library that contains reported controlled substance
8    (nn-10) "Prescription Monitoring Program" (PMP) means the
9entity that collects, tracks, and stores reported data on
10controlled substances and select drugs pursuant to Section
12    (oo) "Production" or "produce" means manufacture,
13planting, cultivating, growing, or harvesting of a controlled
14substance other than methamphetamine.
15    (pp) "Registrant" means every person who is required to
16register under Section 302 of this Act.
17    (qq) "Registry number" means the number assigned to each
18person authorized to handle controlled substances under the
19laws of the United States and of this State.
20    (qq-5) "Secretary" means, as the context requires, either
21the Secretary of the Department or the Secretary of the
22Department of Financial and Professional Regulation, and the
23Secretary's designated agents.
24    (rr) "State" includes the State of Illinois and any state,
25district, commonwealth, territory, insular possession thereof,
26and any area subject to the legal authority of the United



SB0647 Engrossed- 37 -LRB103 03100 RJT 48106 b

1States of America.
2    (rr-5) "Stimulant" means any drug that (i) causes an
3overall excitation of central nervous system functions, (ii)
4causes impaired consciousness and awareness, and (iii) can be
5habit-forming or lead to a substance use disorder abuse
6problem, including, but not limited to, amphetamines and their
7analogs, methylphenidate and its analogs, cocaine, and
8phencyclidine and its analogs.
9    (rr-10) "Synthetic drug" includes, but is not limited to,
10any synthetic cannabinoids or piperazines or any synthetic
11cathinones as provided for in Schedule I.
12    (ss) "Ultimate user" means a person who lawfully possesses
13a controlled substance for his or her own use or for the use of
14a member of his or her household or for administering to an
15animal owned by him or her or by a member of his or her
17(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
18102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
19    (720 ILCS 570/201)  (from Ch. 56 1/2, par. 1201)
20    Sec. 201. (a) The Department shall carry out the
21provisions of this Article. The Department or its successor
22agency may, by administrative rule, add additional substances
23to or delete or reschedule all controlled substances in the
24Schedules of Sections 204, 206, 208, 210 and 212 of this Act.
25In making a determination regarding the addition, deletion, or



SB0647 Engrossed- 38 -LRB103 03100 RJT 48106 b

1rescheduling of a substance, the Department shall consider the
3        (1) the actual or relative potential for misuse abuse;
4        (2) the scientific evidence of its pharmacological
5    effect, if known;
6        (3) the state of current scientific knowledge
7    regarding the substance;
8        (4) the history and current pattern of misuse abuse;
9        (5) the scope, duration, and significance of misuse
10    abuse;
11        (6) the risk to the public health;
12        (7) the potential of the substance to produce
13    psychological or physiological dependence or a substance
14    use disorder;
15        (8) whether the substance is an immediate precursor of
16    a substance already controlled under this Article;
17        (9) the immediate harmful effect in terms of
18    potentially fatal dosage; and
19        (10) the long-range effects in terms of permanent
20    health impairment.
21    (b) (Blank).
22    (c) (Blank).
23    (d) If any substance is scheduled, rescheduled, or deleted
24as a controlled substance under Federal law and notice thereof
25is given to the Department, the Department shall similarly
26control the substance under this Act after the expiration of



SB0647 Engrossed- 39 -LRB103 03100 RJT 48106 b

130 days from publication in the Federal Register of a final
2order scheduling a substance as a controlled substance or
3rescheduling or deleting a substance, unless within that 30
4day period the Department objects, or a party adversely
5affected files with the Department substantial written
6objections objecting to inclusion, rescheduling, or deletion.
7In that case, the Department shall publish the reasons for
8objection or the substantial written objections and afford all
9interested parties an opportunity to be heard. At the
10conclusion of the hearing, the Department shall publish its
11decision, by means of a rule, which shall be final unless
12altered by statute. Upon publication of objections by the
13Department, similar control under this Act whether by
14inclusion, rescheduling or deletion is stayed until the
15Department publishes its ruling.
16    (e) (Blank).
17    (f) (Blank).
18    (g) Authority to control under this Section does not
19extend to distilled spirits, wine, malt beverages, or tobacco
20as those terms are defined or used in the Liquor Control Act of
211934 and the Tobacco Products Tax Act of 1995.
22    (h) Persons registered with the Drug Enforcement
23Administration to manufacture or distribute controlled
24substances shall maintain adequate security and provide
25effective controls and procedures to guard against theft and
26diversion, but shall not otherwise be required to meet the



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1physical security control requirements (such as cage or vault)
2for Schedule V controlled substances containing
3pseudoephedrine or Schedule II controlled substances
4containing dextromethorphan.
5(Source: P.A. 97-334, eff. 1-1-12; 98-756, eff. 7-16-14.)
6    (720 ILCS 570/203)  (from Ch. 56 1/2, par. 1203)
7    Sec. 203. The Department, taking into consideration the
8recommendations of its Prescription Monitoring Program
9Advisory Committee, may issue a rule scheduling a substance in
10Schedule I if it finds that:
11        (1) the substance has high potential for misuse abuse;
12    and
13        (2) the substance has no currently accepted medical
14    use in treatment in the United States or lacks accepted
15    safety for use in treatment under medical supervision.
16(Source: P.A. 97-334, eff. 1-1-12.)
17    (720 ILCS 570/205)  (from Ch. 56 1/2, par. 1205)
18    Sec. 205. The Department, taking into consideration the
19recommendations of its Prescription Monitoring Program
20Advisory Committee, may issue a rule scheduling a substance in
21Schedule II if it finds that:
22        (1) the substance has high potential for misuse abuse;
23        (2) the substance has currently accepted medical use
24    in treatment in the United States, or currently accepted



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1    medical use with severe restrictions; and
2        (3) the misuse abuse of the substance may lead to
3    severe psychological or physiological dependence.
4(Source: P.A. 97-334, eff. 1-1-12.)
5    (720 ILCS 570/207)  (from Ch. 56 1/2, par. 1207)
6    Sec. 207. The Department, taking into consideration the
7recommendations of its Prescription Monitoring Program
8Advisory Committee, may issue a rule scheduling a substance in
9Schedule III if it finds that:
10        (1) the substance has a potential for misuse abuse
11    less than the substances listed in Schedule I and II;
12        (2) the substance has currently accepted medical use
13    in treatment in the United States; and
14        (3) misuse abuse of the substance may lead to moderate
15    or low physiological dependence or high psychological
16    dependence.
17(Source: P.A. 97-334, eff. 1-1-12.)
18    (720 ILCS 570/208)  (from Ch. 56 1/2, par. 1208)
19    Sec. 208. (a) The controlled substances listed in this
20Section are included in Schedule III.
21    (b) Unless specifically excepted or unless listed in
22another schedule, any material, compound, mixture, or
23preparation which contains any quantity of the following
24substances having a stimulant effect on the central nervous



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1system, including its salts, isomers (whether optical
2position, or geometric), and salts of such isomers whenever
3the existence of such salts, isomers, and salts of isomers is
4possible within the specific chemical designation;
5        (1) Those compounds, mixtures, or preparations in
6    dosage unit form containing any stimulant substances
7    listed in Schedule II which compounds, mixtures, or
8    preparations were listed on August 25, 1971, as excepted
9    compounds under Title 21, Code of Federal Regulations,
10    Section 308.32, and any other drug of the quantitative
11    composition shown in that list for those drugs or which is
12    the same except that it contains a lesser quantity of
13    controlled substances;
14        (2) Benzphetamine;
15        (3) Chlorphentermine;
16        (4) Clortermine;
17        (5) Phendimetrazine.
18    (c) Unless specifically excepted or unless listed in
19another schedule, any material, compound, mixture, or
20preparation which contains any quantity of the following
21substances having a potential for misuse abuse associated with
22a depressant effect on the central nervous system:
23        (1) Any compound, mixture, or preparation containing
24    amobarbital, secobarbital, pentobarbital or any salt
25    thereof and one or more other active medicinal ingredients
26    which are not listed in any schedule;



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1        (2) Any suppository dosage form containing
2    amobarbital, secobarbital, pentobarbital or any salt of
3    any of these drugs and approved by the Federal Food and
4    Drug Administration for marketing only as a suppository;
5        (3) Any substance which contains any quantity of a
6    derivative of barbituric acid, or any salt thereof:
7        (3.1) Aprobarbital;
8        (3.2) Butabarbital (secbutabarbital);
9        (3.3) Butalbital;
10        (3.4) Butobarbital (butethal);
11        (4) Chlorhexadol;
12        (5) Methyprylon;
13        (6) Sulfondiethylmethane;
14        (7) Sulfonethylmethane;
15        (8) Sulfonmethane;
16        (9) Lysergic acid;
17        (10) Lysergic acid amide;
18        (10.1) Tiletamine or zolazepam or both, or any salt of
19    either of them.
20    Some trade or other names for a tiletamine-zolazepam
21    combination product: Telazol.
22    Some trade or other names for Tiletamine:
23    2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
24    Some trade or other names for zolazepam:
25    4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
26    [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.



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1        (11) Any material, compound, mixture or preparation
2    containing not more than 12.5 milligrams of pentazocine or
3    any of its salts, per 325 milligrams of aspirin;
4        (12) Any material, compound, mixture or preparation
5    containing not more than 12.5 milligrams of pentazocine or
6    any of its salts, per 325 milligrams of acetaminophen;
7        (13) Any material, compound, mixture or preparation
8    containing not more than 50 milligrams of pentazocine or
9    any of its salts plus naloxone HCl USP 0.5 milligrams, per
10    dosage unit;
11        (14) Ketamine;
12        (15) Thiopental.
13    (d) Nalorphine.
14    (d.5) Buprenorphine.
15    (e) Unless specifically excepted or unless listed in
16another schedule, any material, compound, mixture, or
17preparation containing limited quantities of any of the
18following narcotic drugs, or their salts calculated as the
19free anhydrous base or alkaloid, as set forth below:
20        (1) not more than 1.8 grams of codeine per 100
21    milliliters or not more than 90 milligrams per dosage
22    unit, with an equal or greater quantity of an isoquinoline
23    alkaloid of opium;
24        (2) not more than 1.8 grams of codeine per 100
25    milliliters or not more than 90 milligrams per dosage
26    unit, with one or more active non-narcotic ingredients in



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1    recognized therapeutic amounts;
2        (3) (blank);
3        (4) (blank);
4        (5) not more than 1.8 grams of dihydrocodeine per 100
5    milliliters or not more than 90 milligrams per dosage
6    unit, with one or more active, non-narcotic ingredients in
7    recognized therapeutic amounts;
8        (6) not more than 300 milligrams of ethylmorphine per
9    100 milliliters or not more than 15 milligrams per dosage
10    unit, with one or more active, non-narcotic ingredients in
11    recognized therapeutic amounts;
12        (7) not more than 500 milligrams of opium per 100
13    milliliters or per 100 grams, or not more than 25
14    milligrams per dosage unit, with one or more active,
15    non-narcotic ingredients in recognized therapeutic
16    amounts;
17        (8) not more than 50 milligrams of morphine per 100
18    milliliters or per 100 grams with one or more active,
19    non-narcotic ingredients in recognized therapeutic
20    amounts.
21    (f) Anabolic steroids, except the following anabolic
22steroids that are exempt:
23        (1) Androgyn L.A.;
24        (2) Andro-Estro 90-4;
25        (3) depANDROGYN;
26        (4) DEPO-T.E.;



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1        (5) depTESTROGEN;
2        (6) Duomone;
3        (7) DURATESTRIN;
4        (8) DUO-SPAN II;
5        (9) Estratest;
6        (10) Estratest H.S.;
7        (11) PAN ESTRA TEST;
8        (12) Premarin with Methyltestosterone;
9        (13) TEST-ESTRO Cypionates;
10        (14) Testosterone Cyp 50 Estradiol Cyp 2;
11        (15) Testosterone Cypionate-Estradiol Cypionate
12    injection; and
13        (16) Testosterone Enanthate-Estradiol Valerate
14    injection.
15    (g) Hallucinogenic substances.
16        (1) Dronabinol (synthetic) in sesame oil and
17    encapsulated in a soft gelatin capsule in a U.S. Food and
18    Drug Administration approved product. Some other names for
19    dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
20    6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or
21    (-)-delta-9-(trans)-tetrahydrocannabinol.
22        (2) (Reserved).
23    (h) The Department may except by rule any compound,
24mixture, or preparation containing any stimulant or depressant
25substance listed in subsection (b) from the application of all
26or any part of this Act if the compound, mixture, or



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1preparation contains one or more active medicinal ingredients
2not having a stimulant or depressant effect on the central
3nervous system, and if the admixtures are included therein in
4combinations, quantity, proportion, or concentration that
5vitiate the potential for misuse abuse of the substances which
6have a stimulant or depressant effect on the central nervous
8(Source: P.A. 100-368, eff. 1-1-18.)
9    (720 ILCS 570/209)  (from Ch. 56 1/2, par. 1209)
10    Sec. 209. The Department, taking into consideration the
11recommendations of its Prescription Monitoring Program
12Advisory Committee, may issue a rule scheduling a substance in
13Schedule IV if it finds that:
14        (1) the substance has a low potential for misuse abuse
15    relative to substances in Schedule III;
16        (2) the substance has currently accepted medical use
17    in treatment in the United States; and
18        (3) misuse abuse of the substance may lead to limited
19    physiological dependence or psychological dependence
20    relative to the substances in Schedule III.
21(Source: P.A. 97-334, eff. 1-1-12.)
22    (720 ILCS 570/210)  (from Ch. 56 1/2, par. 1210)
23    Sec. 210. (a) The controlled substances listed in this
24Section are included in Schedule IV.



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1    (b) Unless specifically excepted or unless listed in
2another schedule, any material, compound, mixture, or
3preparation containing limited quantities of any of the
4following narcotic drugs, or their salts calculated as the
5free anhydrous base or alkaloid, as set forth below:
6        (1) Not more than 1 milligram of difenoxin (DEA Drug
7    Code No. 9618) and not less than 25 micrograms of atropine
8    sulfate per dosage unit.
9        (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
10    2-diphenyl-3-methyl-2-propionoxybutane).
11    (c) Unless specifically excepted or unless listed in
12another schedule, any material, compound, mixture, or
13preparation which contains any quantity of the following
14substances having a potential for misuse abuse associated with
15a depressant effect on the central nervous system:
16        (1) Alprazolam;
17        (2) Barbital;
18        (2.1) Bromazepam;
19        (2.2) Camazepam;
20        (2.3) Carisoprodol;
21        (3) Chloral Betaine;
22        (4) Chloral Hydrate;
23        (5) Chlordiazepoxide;
24        (5.1) Clobazam;
25        (6) Clonazepam;
26        (7) Clorazepate;



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1        (7.1) Clotiazepam;
2        (7.2) Cloxazolam;
3        (7.3) Delorazepam;
4        (8) Diazepam;
5        (8.05) Dichloralphenazone;
6        (8.1) Estazolam;
7        (9) Ethchlorvynol;
8        (10) Ethinamate;
9        (10.1) Ethyl loflazepate;
10        (10.2) Fludiazepam;
11        (10.3) Flunitrazepam;
12        (11) Flurazepam;
13        (11.1) Fospropofol;
14        (12) Halazepam;
15        (12.1) Haloxazolam;
16        (12.2) Ketazolam;
17        (12.3) Loprazolam;
18        (13) Lorazepam;
19        (13.1) Lormetazepam;
20        (14) Mebutamate;
21        (14.1) Medazepam;
22        (15) Meprobamate;
23        (16) Methohexital;
24        (17) Methylphenobarbital (Mephobarbital);
25        (17.1) Midazolam;
26        (17.2) Nimetazepam;



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1        (17.3) Nitrazepam;
2        (17.4) Nordiazepam;
3        (18) Oxazepam;
4        (18.1) Oxazolam;
5        (19) Paraldehyde;
6        (20) Petrichloral;
7        (21) Phenobarbital;
8        (21.1) Pinazepam;
9        (22) Prazepam;
10        (22.1) Quazepam;
11        (23) Temazepam;
12        (23.1) Tetrazepam;
13        (23.2) Tramadol;
14        (24) Triazolam;
15        (24.5) Zaleplon;
16        (25) Zolpidem;
17        (26) Zopiclone.
18    (d) Any material, compound, mixture, or preparation which
19contains any quantity of the following substances, including
20its salts, isomers (whether optical, position, or geometric),
21and salts of such isomers, whenever the existence of such
22salts, isomers and salts of isomers is possible:
23        (1) Fenfluramine.
24    (e) Unless specifically excepted or unless listed in
25another schedule any material, compound, mixture, or
26preparation which contains any quantity of the following



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1substances having a stimulant effect on the central nervous
2system, including its salts, isomers (whether optical,
3position or geometric), and salts of such isomers whenever the
4existence of such salts, isomers, and salts of isomers is
5possible within the specific chemical designation:
6        (1) Cathine ((+)-norpseudoephedrine);
7        (1.1)   Diethylpropion;
8        (1.2) Fencamfamin;
9        (1.3) Fenproporex;
10        (2) Mazindol;
11        (2.1) Mefenorex;
12        (3) Phentermine;
13        (4) Pemoline (including organometallic complexes and
14    chelates thereof);
15        (5) Pipradrol;
16        (6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
17        (7) Modafinil;
18        (8) Sibutramine.
19    (f) Other Substances. Unless specifically excepted or
20unless listed in another schedule, any material, compound,
21mixture, or preparation that contains any quantity of the
22following substance, including its salts:
23        (1) Butorphanol (including its optical isomers).
24    (g) The Department may except by rule any compound,
25mixture, or preparation containing any depressant substance
26listed in subsection (b) from the application of all or any



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1part of this Act if the compound, mixture, or preparation
2contains one or more active medicinal ingredients not having a
3depressant effect on the central nervous system, and if the
4admixtures are included therein in combinations, quantity,
5proportion, or concentration that vitiate the potential for
6misuse abuse of the substances which have a depressant effect
7on the central nervous system.
8    (h) Except as otherwise provided in Section 216, any
9material, compound, mixture, or preparation that contains any
10quantity of the following substance having a stimulant effect
11on the central nervous system, including its salts,
12enantiomers (optical isomers) and salts of enantiomers
13(optical isomers):
14        (1) Ephedrine, its salts, optical isomers and salts of
15    optical isomers.
16(Source: P.A. 97-334, eff. 1-1-12.)
17    (720 ILCS 570/211)  (from Ch. 56 1/2, par. 1211)
18    Sec. 211. The Department, taking into consideration the
19recommendations of its Prescription Monitoring Program
20Advisory Committee, may issue a rule scheduling a substance in
21Schedule V if it finds that:
22        (1) the substance has low potential for misuse abuse
23    relative to the controlled substances listed in Schedule
24    IV;
25        (2) the substance has currently accepted medical use



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1    in treatment in the United States; and
2        (3) misuse abuse of the substance may lead to limited
3    physiological dependence or psychological dependence
4    relative to the substances in Schedule IV, or the
5    substance is a targeted methamphetamine precursor as
6    defined in the Methamphetamine Precursor Control Act.
7(Source: P.A. 97-334, eff. 1-1-12.)
8    (720 ILCS 570/216)
9    Sec. 216. Ephedrine.
10    (a) The following drug products containing ephedrine, its
11salts, optical isomers and salts of optical isomers shall be
12exempt from the application of Sections 312 and 313 of this Act
13if they: (i) may lawfully be sold over-the-counter without a
14prescription under the Federal Food, Drug, and Cosmetic Act;
15(ii) are labeled and marketed in a manner consistent with
16Section 341.76 of Title 21 of the Code of Federal Regulations;
17(iii) are manufactured and distributed for legitimate
18medicinal use in a manner that reduces or eliminates the
19likelihood of abuse; and (iv) are not marketed, advertised, or
20labeled for the indications of stimulation, mental alertness,
21weight loss, muscle enhancement, appetite control, or energy:
22        (1) Solid oral dosage forms, including soft gelatin
23    caplets, which are formulated pursuant to 21 CFR 341 or
24    its successor, and packaged in blister packs of not more
25    than 2 tablets per blister.



SB0647 Engrossed- 54 -LRB103 03100 RJT 48106 b

1        (2) Anorectal preparations containing not more than 5%
2    ephedrine.
3    (b) The marketing, advertising, or labeling of any product
4containing ephedrine, a salt of ephedrine, an optical isomer
5of ephedrine, or a salt of an optical isomer of ephedrine, for
6the indications of stimulation, mental alertness, weight loss,
7appetite control, or energy, is prohibited. In determining
8compliance with this requirement the Department may consider
9the following factors:
10        (1) The packaging of the drug product;
11        (2) The name and labeling of the product;
12        (3) The manner of distribution, advertising, and
13    promotion of the product;
14        (4) Verbal representations made concerning the
15    product;
16        (5) The duration, scope, and significance of abuse or
17    misuse of the particular product.
18    (c) A violation of this Section is a Class A misdemeanor. A
19second or subsequent violation of this Section is a Class 4
21    (d) This Section does not apply to dietary supplements,
22herbs, or other natural products, including concentrates or
23extracts, which:
24        (1) are not otherwise prohibited by law; and
25        (2) may contain naturally occurring ephedrine,
26    ephedrine alkaloids, or pseudoephedrine, or their salts,



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1    isomers, or salts of isomers, or a combination of these
2    substances, that:
3            (i) are contained in a matrix of organic material;
4        and
5            (ii) do not exceed 15% of the total weight of the
6        natural product.
7    (e) Nothing in this Section limits the scope or terms of
8the Methamphetamine Precursor Control Act.
9(Source: P.A. 94-694, eff. 1-15-06.)
10    (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)
11    Sec. 312. Requirements for dispensing controlled
13    (a) A practitioner, in good faith, may dispense a Schedule
14II controlled substance, which is a narcotic drug listed in
15Section 206 of this Act; or which contains any quantity of
16amphetamine or methamphetamine, their salts, optical isomers
17or salts of optical isomers; phenmetrazine and its salts; or
18pentazocine; and Schedule III, IV, or V controlled substances
19to any person upon a written or electronic prescription of any
20prescriber, dated and signed by the person prescribing (or
21electronically validated in compliance with Section 311.5) on
22the day when issued and bearing the name and address of the
23patient for whom, or the owner of the animal for which the
24controlled substance is dispensed, and the full name, address
25and registry number under the laws of the United States



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1relating to controlled substances of the prescriber, if he or
2she is required by those laws to be registered. If the
3prescription is for an animal it shall state the species of
4animal for which it is ordered. The practitioner filling the
5prescription shall, unless otherwise permitted, write the date
6of filling and his or her own signature on the face of the
7written prescription or, alternatively, shall indicate such
8filling using a unique identifier as defined in paragraph (v)
9of Section 3 of the Pharmacy Practice Act. The written
10prescription shall be retained on file by the practitioner who
11filled it or pharmacy in which the prescription was filled for
12a period of 2 years, so as to be readily accessible for
13inspection or removal by any officer or employee engaged in
14the enforcement of this Act. Whenever the practitioner's or
15pharmacy's copy of any prescription is removed by an officer
16or employee engaged in the enforcement of this Act, for the
17purpose of investigation or as evidence, such officer or
18employee shall give to the practitioner or pharmacy a receipt
19in lieu thereof. If the specific prescription is machine or
20computer generated and printed at the prescriber's office, the
21date does not need to be handwritten. A prescription for a
22Schedule II controlled substance shall not be issued for more
23than a 30 day supply, except as provided in subsection (a-5),
24and shall be valid for up to 90 days after the date of
25issuance. A written prescription for Schedule III, IV or V
26controlled substances shall not be filled or refilled more



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1than 6 months after the date thereof or refilled more than 5
2times unless renewed, in writing, by the prescriber. A
3pharmacy shall maintain a policy regarding the type of
4identification necessary, if any, to receive a prescription in
5accordance with State and federal law. The pharmacy must post
6such information where prescriptions are filled.
7    (a-5) Physicians may issue multiple prescriptions (3
8sequential 30-day supplies) for the same Schedule II
9controlled substance, authorizing up to a 90-day supply.
10Before authorizing a 90-day supply of a Schedule II controlled
11substance, the physician must meet the following conditions:
12        (1) Each separate prescription must be issued for a
13    legitimate medical purpose by an individual physician
14    acting in the usual course of professional practice.
15        (2) The individual physician must provide written
16    instructions on each prescription (other than the first
17    prescription, if the prescribing physician intends for the
18    prescription to be filled immediately) indicating the
19    earliest date on which a pharmacy may fill that
20    prescription.
21        (3) The physician shall document in the medical record
22    of a patient the medical necessity for the amount and
23    duration of the 3 sequential 30-day prescriptions for
24    Schedule II narcotics.
25    (a-10) Prescribers who issue a prescription for an opioid
26shall inform the patient that opioids are addictive and that



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1opioid antagonists are available by prescription or from a
3    (b) In lieu of a written prescription required by this
4Section, a pharmacist, in good faith, may dispense Schedule
5III, IV, or V substances to any person either upon receiving a
6facsimile of a written, signed prescription transmitted by the
7prescriber or the prescriber's agent or upon a lawful oral
8prescription of a prescriber which oral prescription shall be
9reduced promptly to writing by the pharmacist and such written
10memorandum thereof shall be dated on the day when such oral
11prescription is received by the pharmacist and shall bear the
12full name and address of the ultimate user for whom, or of the
13owner of the animal for which the controlled substance is
14dispensed, and the full name, address, and registry number
15under the law of the United States relating to controlled
16substances of the prescriber prescribing if he or she is
17required by those laws to be so registered, and the pharmacist
18filling such oral prescription shall write the date of filling
19and his or her own signature on the face of such written
20memorandum thereof. The facsimile copy of the prescription or
21written memorandum of the oral prescription shall be retained
22on file by the proprietor of the pharmacy in which it is filled
23for a period of not less than two years, so as to be readily
24accessible for inspection by any officer or employee engaged
25in the enforcement of this Act in the same manner as a written
26prescription. The facsimile copy of the prescription or oral



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1prescription and the written memorandum thereof shall not be
2filled or refilled more than 6 months after the date thereof or
3be refilled more than 5 times, unless renewed, in writing, by
4the prescriber.
5    (c) Except for any non-prescription targeted
6methamphetamine precursor regulated by the Methamphetamine
7Precursor Control Act, a controlled substance included in
8Schedule V shall not be distributed or dispensed other than
9for a medical purpose and not for the purpose of evading this
10Act, and then:
11        (1) only personally by a person registered to dispense
12    a Schedule V controlled substance and then only to his or
13    her patients, or
14        (2) only personally by a pharmacist, and then only to
15    a person over 21 years of age who has identified himself or
16    herself to the pharmacist by means of 2 positive documents
17    of identification.
18    The dispenser shall record the name and address of the
19purchaser, the name and quantity of the product, the date and
20time of the sale, and the dispenser's signature.
21    No person shall purchase or be dispensed more than 120
22milliliters or more than 120 grams of any Schedule V substance
23which contains codeine, dihydrocodeine, or any salts thereof,
24or ethylmorphine, or any salts thereof, in any 96-hour period.
25The purchaser shall sign a form, approved by the Department of
26Financial and Professional Regulation, attesting that he or



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1she has not purchased any Schedule V controlled substances
2within the immediately preceding 96 hours.
3    All records of purchases and sales shall be maintained for
4not less than 2 years.
5    No person shall obtain or attempt to obtain within any
6consecutive 96-hour period any Schedule V substances of more
7than 120 milliliters or more than 120 grams containing
8codeine, dihydrocodeine or any of its salts, or ethylmorphine
9or any of its salts. Any person obtaining any such
10preparations or combination of preparations in excess of this
11limitation shall be in unlawful possession of such controlled
13    A person qualified to dispense controlled substances under
14this Act and registered thereunder shall at no time maintain
15or keep in stock a quantity of Schedule V controlled
16substances in excess of 4.5 liters for each substance; a
17pharmacy shall at no time maintain or keep in stock a quantity
18of Schedule V controlled substances as defined in excess of
194.5 liters for each substance, plus the additional quantity of
20controlled substances necessary to fill the largest number of
21prescription orders filled by that pharmacy for such
22controlled substances in any one week in the previous year.
23These limitations shall not apply to Schedule V controlled
24substances which Federal law prohibits from being dispensed
25without a prescription.
26    No person shall distribute or dispense butyl nitrite for



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1inhalation or other introduction into the human body for
2euphoric or physical effect.
3    (d) Every practitioner shall keep a record or log of
4controlled substances received by him or her and a record of
5all such controlled substances administered, dispensed or
6professionally used by him or her otherwise than by
7prescription. It shall, however, be sufficient compliance with
8this paragraph if any practitioner utilizing controlled
9substances listed in Schedules III, IV and V shall keep a
10record of all those substances dispensed and distributed by
11him or her other than those controlled substances which are
12administered by the direct application of a controlled
13substance, whether by injection, inhalation, ingestion, or any
14other means to the body of a patient or research subject. A
15practitioner who dispenses, other than by administering, a
16controlled substance in Schedule II, which is a narcotic drug
17listed in Section 206 of this Act, or which contains any
18quantity of amphetamine or methamphetamine, their salts,
19optical isomers or salts of optical isomers, pentazocine, or
20methaqualone shall do so only upon the issuance of a written
21prescription blank or electronic prescription issued by a
23    (e) Whenever a manufacturer distributes a controlled
24substance in a package prepared by him or her, and whenever a
25wholesale distributor distributes a controlled substance in a
26package prepared by him or her or the manufacturer, he or she



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1shall securely affix to each package in which that substance
2is contained a label showing in legible English the name and
3address of the manufacturer, the distributor and the quantity,
4kind and form of controlled substance contained therein. No
5person except a pharmacist and only for the purposes of
6filling a prescription under this Act, shall alter, deface or
7remove any label so affixed.
8    (f) Whenever a practitioner dispenses any controlled
9substance except a non-prescription Schedule V product or a
10non-prescription targeted methamphetamine precursor regulated
11by the Methamphetamine Precursor Control Act, he or she shall
12affix to the container in which such substance is sold or
13dispensed, a label indicating the date of initial filling, the
14practitioner's name and address, the name of the patient, the
15name of the prescriber, the directions for use and cautionary
16statements, if any, contained in any prescription or required
17by law, the proprietary name or names or the established name
18of the controlled substance, and the dosage and quantity,
19except as otherwise authorized by regulation by the Department
20of Financial and Professional Regulation. No person shall
21alter, deface or remove any label so affixed as long as the
22specific medication remains in the container.
23    (g) A person to whom or for whose use any controlled
24substance has been prescribed or dispensed by a practitioner,
25or other persons authorized under this Act, and the owner of
26any animal for which such substance has been prescribed or



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1dispensed by a veterinarian, may lawfully possess such
2substance only in the container in which it was delivered to
3him or her by the person dispensing such substance.
4    (h) The responsibility for the proper prescribing or
5dispensing of controlled substances that are under the
6prescriber's direct control is upon the prescriber. The
7responsibility for the proper filling of a prescription for
8controlled substance drugs rests with the pharmacist. An order
9purporting to be a prescription issued to any individual,
10which is not in the regular course of professional treatment
11nor part of an authorized methadone maintenance program, nor
12in legitimate and authorized research instituted by any
13accredited hospital, educational institution, charitable
14foundation, or federal, state or local governmental agency,
15and which is intended to provide that individual with
16controlled substances sufficient to maintain that individual's
17or any other individual's physical or psychological addiction,
18habitual or customary use, dependence, or diversion of that
19controlled substance is not a prescription within the meaning
20and intent of this Act; and the person issuing it, shall be
21subject to the penalties provided for violations of the law
22relating to controlled substances.
23    (i) A prescriber shall not pre-print or cause to be
24pre-printed a prescription for any controlled substance; nor
25shall any practitioner issue, fill or cause to be issued or
26filled, a pre-printed prescription for any controlled



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2    (i-5) A prescriber may use a machine or electronic device
3to individually generate a printed prescription, but the
4prescriber is still required to affix his or her manual
6    (j) No person shall manufacture, dispense, deliver,
7possess with intent to deliver, prescribe, or administer or
8cause to be administered under his or her direction any
9anabolic steroid, for any use in humans other than the
10treatment of disease in accordance with the order of a
11physician licensed to practice medicine in all its branches
12for a valid medical purpose in the course of professional
13practice. The use of anabolic steroids for the purpose of
14hormonal manipulation that is intended to increase muscle
15mass, strength or weight without a medical necessity to do so,
16or for the intended purpose of improving physical appearance
17or performance in any form of exercise, sport, or game, is not
18a valid medical purpose or in the course of professional
20    (k) Controlled substances may be mailed if all of the
21following conditions are met:
22        (1) The controlled substances are not outwardly
23    dangerous and are not likely, of their own force, to cause
24    injury to a person's life or health.
25        (2) The inner container of a parcel containing
26    controlled substances must be marked and sealed as



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1    required under this Act and its rules, and be placed in a
2    plain outer container or securely wrapped in plain paper.
3        (3) If the controlled substances consist of
4    prescription medicines, the inner container must be
5    labeled to show the name and address of the pharmacy or
6    practitioner dispensing the prescription.
7        (4) The outside wrapper or container must be free of
8    markings that would indicate the nature of the contents.
9    (l) Notwithstanding any other provision of this Act to the
10contrary, emergency medical services personnel may administer
11Schedule II, III, IV, or V controlled substances to a person in
12the scope of their employment without a written, electronic,
13or oral prescription of a prescriber.
14(Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23.)
15    (720 ILCS 570/313)  (from Ch. 56 1/2, par. 1313)
16    Sec. 313. (a) Controlled substances which are lawfully
17administered in hospitals or institutions licensed under the
18Hospital Licensing Act shall be exempt from the requirements
19of Sections 312, 315.6, and 316, except that the prescription
20for the controlled substance shall be in writing on the
21patient's record, signed by the prescriber, and dated, and
22shall state the name and quantity of controlled substances
23ordered and the quantity actually administered. The records of
24such prescriptions shall be maintained for two years and shall
25be available for inspection by officers and employees of the



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1Illinois State Police and the Department of Financial and
2Professional Regulation.
3    The exemption under this subsection (a) does not apply to
4a prescription (including an outpatient prescription from an
5emergency department or outpatient clinic) for more than a
672-hour supply of a discharge medication to be consumed
7outside of the hospital or institution.
8    (b) Controlled substances that can lawfully be
9administered or dispensed directly to a patient in a long-term
10care facility licensed by the Department of Public Health as a
11skilled nursing facility, intermediate care facility, or
12long-term care facility for residents under 22 years of age,
13are exempt from the requirements of Section 312 except that a
14prescription for a Schedule II controlled substance must be
15either a prescription signed by the prescriber or a
16prescription transmitted by the prescriber or prescriber's
17agent to the dispensing pharmacy by facsimile. The facsimile
18serves as the original prescription and must be maintained for
192 years from the date of issue in the same manner as a written
20prescription signed by the prescriber.
21    (c) A prescription that is generated for a Schedule II
22controlled substance to be compounded for direct
23administration to a patient in a private residence, long-term
24care facility, or hospice program may be transmitted by
25facsimile by the prescriber or the prescriber's agent to the
26pharmacy providing the home infusion services. The facsimile



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1serves as the original prescription for purposes of this
2paragraph (c) and it shall be maintained in the same manner as
3the original prescription.
4    (c-1) A prescription generated for a Schedule II
5controlled substance for a patient residing in a hospice
6certified by Medicare under Title XVIII of the Social Security
7Act or licensed by the State may be transmitted by the
8practitioner or the practitioner's agent to the dispensing
9pharmacy by facsimile or electronically as provided in Section
10311.5. The practitioner or practitioner's agent must note on
11the prescription that the patient is a hospice patient. The
12facsimile or electronic record serves as the original
13prescription for purposes of this paragraph (c-1) and it shall
14be maintained in the same manner as the original prescription.
15    (d) Controlled substances which are lawfully administered
16and/or dispensed in substance use disorder drug abuse
17treatment programs licensed by the Department shall be exempt
18from the requirements of Sections 312 and 316, except that the
19prescription for such controlled substances shall be issued
20and authenticated on official prescription logs prepared and
21maintained in accordance with 77 Ill. Adm. Code 2060:
22Alcoholism and Substance Abuse Treatment and Intervention
23Licenses, and in compliance with other applicable State and
24federal laws. The Department-licensed drug treatment program
25shall report applicable prescriptions via electronic record
26keeping software approved by the Department. This software



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1must be compatible with the specifications of the Department.
2Substance use disorder Drug abuse treatment programs shall
3report to the Department methadone prescriptions or
4medications dispensed through the use of Department-approved
5File Transfer Protocols (FTPs). Methadone prescription records
6must be maintained in accordance with the applicable
7requirements as set forth by the Department in accordance with
877 Ill. Adm. Code 2060: Alcoholism and Substance Abuse
9Treatment and Intervention Licenses, and in compliance with
10other applicable State and federal laws.
11    (e) Nothing in this Act shall be construed to limit the
12authority of a hospital pursuant to Section 65-45 of the Nurse
13Practice Act to grant hospital clinical privileges to an
14individual advanced practice registered nurse to select, order
15or administer medications, including controlled substances to
16provide services within a hospital. Nothing in this Act shall
17be construed to limit the authority of an ambulatory surgical
18treatment center pursuant to Section 65-45 of the Nurse
19Practice Act to grant ambulatory surgical treatment center
20clinical privileges to an individual advanced practice
21registered nurse to select, order or administer medications,
22including controlled substances to provide services within an
23ambulatory surgical treatment center.
24(Source: P.A. 102-608, eff. 8-27-21.)
25    (720 ILCS 570/318)



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1    Sec. 318. Confidentiality of information.
2    (a) Information received by the central repository under
3Section 316 and former Section 321 is confidential.
4    (a-1) To ensure the federal Health Insurance Portability
5and Accountability Act and confidentiality of substance use
6disorder patient records rules that mandate the privacy of an
7individual's prescription data reported to the Prescription
8Monitoring Program received from a retail dispenser under this
9Act, and in order to execute the duties and responsibilities
10under Section 316 of this Act and rules for disclosure under
11this Section, the Clinical Director of the Prescription
12Monitoring Program or his or her designee shall maintain
13direct access to all Prescription Monitoring Program data. Any
14request for Prescription Monitoring Program data from any
15other department or agency must be approved in writing by the
16Clinical Director of the Prescription Monitoring Program or
17his or her designee unless otherwise permitted by law.
18Prescription Monitoring Program data shall only be disclosed
19as permitted by law.
20    (a-2) As an active step to address the current opioid
21crisis in this State and to prevent and reduce substance use
22disorders addiction resulting from a sports injury or an
23accident, the Prescription Monitoring Program and the
24Department of Public Health shall coordinate a continuous
25review of the Prescription Monitoring Program and the
26Department of Public Health data to determine if a patient may



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1be at risk of opioid use disorder addiction. Each patient
2discharged from any medical facility with an International
3Classification of Disease, 10th edition code related to a
4sport or accident injury shall be subject to the data review.
5If the discharged patient is dispensed a controlled substance,
6the Prescription Monitoring Program shall alert the patient's
7prescriber as to the addiction risk of developing a substance
8use disorder and urge each to follow the Centers for Disease
9Control and Prevention guidelines or his or her respective
10profession's treatment guidelines related to the patient's
11injury. This subsection (a-2), other than this sentence, is
12inoperative on or after January 1, 2024.
13    (b) The Department must carry out a program to protect the
14confidentiality of the information described in subsection
15(a). The Department may disclose the information to another
16person only under subsection (c), (d), or (f) and may charge a
17fee not to exceed the actual cost of furnishing the
19    (c) The Department may disclose confidential information
20described in subsection (a) to any person who is engaged in
21receiving, processing, or storing the information.
22    (d) The Department may release confidential information
23described in subsection (a) to the following persons:
24        (1) A governing body that licenses practitioners and
25    is engaged in an investigation, an adjudication, or a
26    prosecution of a violation under any State or federal law



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1    that involves a controlled substance.
2        (2) An investigator for the Consumer Protection
3    Division of the office of the Attorney General, a
4    prosecuting attorney, the Attorney General, a deputy
5    Attorney General, or an investigator from the office of
6    the Attorney General, who is engaged in any of the
7    following activities involving controlled substances:
8            (A) an investigation;
9            (B) an adjudication; or
10            (C) a prosecution of a violation under any State
11        or federal law that involves a controlled substance.
12        (3) A law enforcement officer who is:
13            (A) authorized by the Illinois State Police or the
14        office of a county sheriff or State's Attorney or
15        municipal police department of Illinois to receive
16        information of the type requested for the purpose of
17        investigations involving controlled substances; or
18            (B) approved by the Department to receive
19        information of the type requested for the purpose of
20        investigations involving controlled substances; and
21            (C) engaged in the investigation or prosecution of
22        a violation under any State or federal law that
23        involves a controlled substance.
24        (4) Select representatives of the Department of
25    Children and Family Services through the indirect online
26    request process. Access shall be established by an



SB0647 Engrossed- 72 -LRB103 03100 RJT 48106 b

1    intergovernmental agreement between the Department of
2    Children and Family Services and the Department of Human
3    Services.
4    (e) Before the Department releases confidential
5information under subsection (d), the applicant must
6demonstrate in writing to the Department that:
7        (1) the applicant has reason to believe that a
8    violation under any State or federal law that involves a
9    controlled substance has occurred; and
10        (2) the requested information is reasonably related to
11    the investigation, adjudication, or prosecution of the
12    violation described in subdivision (1).
13    (f) The Department may receive and release prescription
14record information under Section 316 and former Section 321
16        (1) a governing body that licenses practitioners;
17        (2) an investigator for the Consumer Protection
18    Division of the office of the Attorney General, a
19    prosecuting attorney, the Attorney General, a deputy
20    Attorney General, or an investigator from the office of
21    the Attorney General;
22        (3) any Illinois law enforcement officer who is:
23            (A) authorized to receive the type of information
24        released; and
25            (B) approved by the Department to receive the type
26        of information released; or



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1        (4) prescription monitoring entities in other states
2    per the provisions outlined in subsection (g) and (h)
3    below;
4confidential prescription record information collected under
5Sections 316 and 321 (now repealed) that identifies vendors or
6practitioners, or both, who are prescribing or dispensing
7large quantities of Schedule II, III, IV, or V controlled
8substances outside the scope of their practice, pharmacy, or
9business, as determined by the Advisory Committee created by
10Section 320.
11    (f-5) In accordance with a confidentiality agreement
12entered into with the Department, a medical director, or a
13public health administrator and their delegated analysts, of a
14county or municipal health department or the Department of
15Public Health shall have access to data from the system for any
16of the following purposes:
17            (1) developing education programs or public health
18        interventions relating to prescribing trends and
19        controlled substance use; or
20            (2) conducting analyses and publish reports on
21        prescribing trends in their respective jurisdictions.
22    At a minimum, the confidentiality agreement entered into
23with the Department shall:
24        (i) prohibit analysis and reports produced under
25    subparagraph (2) from including information that
26    identifies, by name, license, or address, any



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1    practitioner, dispenser, ultimate user, or other person
2    administering a controlled substance; and
3        (ii) specify the appropriate technical and physical
4    safeguards that the county or municipal health department
5    must implement to ensure the privacy and security of data
6    obtained from the system. The data from the system shall
7    not be admissible as evidence, nor discoverable in any
8    action of any kind in any court or before any tribunal,
9    board, agency, or person. The disclosure of any such
10    information or data, whether proper or improper, shall not
11    waive or have any effect upon its confidentiality,
12    non-discoverability, or non-admissibility.
13    (g) The information described in subsection (f) may not be
14released until it has been reviewed by an employee of the
15Department who is licensed as a prescriber or a dispenser and
16until that employee has certified that further investigation
17is warranted. However, failure to comply with this subsection
18(g) does not invalidate the use of any evidence that is
19otherwise admissible in a proceeding described in subsection
21    (h) An investigator or a law enforcement officer receiving
22confidential information under subsection (c), (d), or (f) may
23disclose the information to a law enforcement officer or an
24attorney for the office of the Attorney General for use as
25evidence in the following:
26        (1) A proceeding under any State or federal law that



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1    involves a controlled substance.
2        (2) A criminal proceeding or a proceeding in juvenile
3    court that involves a controlled substance.
4    (i) The Department may compile statistical reports from
5the information described in subsection (a). The reports must
6not include information that identifies, by name, license or
7address, any practitioner, dispenser, ultimate user, or other
8person administering a controlled substance.
9    (j) Based upon federal, initial and maintenance funding, a
10prescriber and dispenser inquiry system shall be developed to
11assist the health care community in its goal of effective
12clinical practice and to prevent patients from diverting or
13abusing medications.
14        (1) An inquirer shall have read-only access to a
15    stand-alone database which shall contain records for the
16    previous 12 months.
17        (2) Dispensers may, upon positive and secure
18    identification, make an inquiry on a patient or customer
19    solely for a medical purpose as delineated within the
20    federal HIPAA law.
21        (3) The Department shall provide a one-to-one secure
22    link and encrypted software necessary to establish the
23    link between an inquirer and the Department. Technical
24    assistance shall also be provided.
25        (4) Written inquiries are acceptable but must include
26    the fee and the requester's Drug Enforcement



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1    Administration license number and submitted upon the
2    requester's business stationery.
3        (5) As directed by the Prescription Monitoring Program
4    Advisory Committee and the Clinical Director for the
5    Prescription Monitoring Program, aggregate data that does
6    not indicate any prescriber, practitioner, dispenser, or
7    patient may be used for clinical studies.
8        (6) Tracking analysis shall be established and used
9    per administrative rule.
10        (7) Nothing in this Act or Illinois law shall be
11    construed to require a prescriber or dispenser to make use
12    of this inquiry system.
13        (8) If there is an adverse outcome because of a
14    prescriber or dispenser making an inquiry, which is
15    initiated in good faith, the prescriber or dispenser shall
16    be held harmless from any civil liability.
17    (k) The Department shall establish, by rule, the process
18by which to evaluate possible erroneous association of
19prescriptions to any licensed prescriber or end user of the
20Illinois Prescription Information Library (PIL).
21    (l) The Prescription Monitoring Program Advisory Committee
22is authorized to evaluate the need for and method of
23establishing a patient specific identifier.
24    (m) Patients who identify prescriptions attributed to them
25that were not obtained by them shall be given access to their
26personal prescription history pursuant to the validation



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1process as set forth by administrative rule.
2    (n) The Prescription Monitoring Program is authorized to
3develop operational push reports to entities with compatible
4electronic medical records. The process shall be covered
5within administrative rule established by the Department.
6    (o) Hospital emergency departments and freestanding
7healthcare facilities providing healthcare to walk-in patients
8may obtain, for the purpose of improving patient care, a
9unique identifier for each shift to utilize the PIL system.
10    (p) The Prescription Monitoring Program shall
11automatically create a log-in to the inquiry system when a
12prescriber or dispenser obtains or renews his or her
13controlled substance license. The Department of Financial and
14Professional Regulation must provide the Prescription
15Monitoring Program with electronic access to the license
16information of a prescriber or dispenser to facilitate the
17creation of this profile. The Prescription Monitoring Program
18shall send the prescriber or dispenser information regarding
19the inquiry system, including instructions on how to log into
20the system, instructions on how to use the system to promote
21effective clinical practice, and opportunities for continuing
22education for the prescribing of controlled substances. The
23Prescription Monitoring Program shall also send to all
24enrolled prescribers, dispensers, and designees information
25regarding the unsolicited reports produced pursuant to Section
26314.5 of this Act.



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1    (q) A prescriber or dispenser may authorize a designee to
2consult the inquiry system established by the Department under
3this subsection on his or her behalf, provided that all the
4following conditions are met:
5        (1) the designee so authorized is employed by the same
6    hospital or health care system; is employed by the same
7    professional practice; or is under contract with such
8    practice, hospital, or health care system;
9        (2) the prescriber or dispenser takes reasonable steps
10    to ensure that such designee is sufficiently competent in
11    the use of the inquiry system;
12        (3) the prescriber or dispenser remains responsible
13    for ensuring that access to the inquiry system by the
14    designee is limited to authorized purposes and occurs in a
15    manner that protects the confidentiality of the
16    information obtained from the inquiry system, and remains
17    responsible for any breach of confidentiality; and
18        (4) the ultimate decision as to whether or not to
19    prescribe or dispense a controlled substance remains with
20    the prescriber or dispenser.
21    The Prescription Monitoring Program shall send to
22registered designees information regarding the inquiry system,
23including instructions on how to log onto the system.
24    (r) The Prescription Monitoring Program shall maintain an
25Internet website in conjunction with its prescriber and
26dispenser inquiry system. This website shall include, at a



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1minimum, the following information:
2        (1) current clinical guidelines developed by health
3    care professional organizations on the prescribing of
4    opioids or other controlled substances as determined by
5    the Advisory Committee;
6        (2) accredited continuing education programs related
7    to prescribing of controlled substances;
8        (3) programs or information developed by health care
9    professionals that may be used to assess patients or help
10    ensure compliance with prescriptions;
11        (4) updates from the Food and Drug Administration, the
12    Centers for Disease Control and Prevention, and other
13    public and private organizations which are relevant to
14    prescribing;
15        (5) relevant medical studies related to prescribing;
16        (6) other information regarding the prescription of
17    controlled substances; and
18        (7) information regarding prescription drug disposal
19    events, including take-back programs or other disposal
20    options or events.
21    The content of the Internet website shall be periodically
22reviewed by the Prescription Monitoring Program Advisory
23Committee as set forth in Section 320 and updated in
24accordance with the recommendation of the advisory committee.
25    (s) The Prescription Monitoring Program shall regularly
26send electronic updates to the registered users of the



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1Program. The Prescription Monitoring Program Advisory
2Committee shall review any communications sent to registered
3users and also make recommendations for communications as set
4forth in Section 320. These updates shall include the
5following information:
6        (1) opportunities for accredited continuing education
7    programs related to prescribing of controlled substances;
8        (2) current clinical guidelines developed by health
9    care professional organizations on the prescribing of
10    opioids or other drugs as determined by the Advisory
11    Committee;
12        (3) programs or information developed by health care
13    professionals that may be used to assess patients or help
14    ensure compliance with prescriptions;
15        (4) updates from the Food and Drug Administration, the
16    Centers for Disease Control and Prevention, and other
17    public and private organizations which are relevant to
18    prescribing;
19        (5) relevant medical studies related to prescribing;
20        (6) other information regarding prescribing of
21    controlled substances;
22        (7) information regarding prescription drug disposal
23    events, including take-back programs or other disposal
24    options or events; and
25        (8) reminders that the Prescription Monitoring Program
26    is a useful clinical tool.



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1    (t) Notwithstanding any other provision of this Act,
2neither the Prescription Monitoring Program nor any other
3person shall disclose any information in violation of the
4restrictions and requirements of paragraph (3.5) of subsection
5(a) of Section 316 as implemented under Public Act 102-527.
6(Source: P.A. 102-751, eff. 1-1-23.)
7    (720 ILCS 570/320)
8    Sec. 320. Advisory committee.
9    (a) There is created a Prescription Monitoring Program
10Advisory Committee to assist the Department of Human Services
11and Department of Public Health in implementing the
12Prescription Monitoring Program created by this Article and to
13advise the Department on the professional performance of
14prescribers and dispensers and other matters germane to the
15advisory committee's field of competence.
16    (b) The Prescription Monitoring Program Advisory Committee
17shall consist of 15 members appointed by the Clinical Director
18of the Prescription Monitoring Program composed of prescribers
19and dispensers licensed to practice medicine in his or her
20respective profession as follows: one family or primary care
21physician; one pain specialist physician; 4 other physicians,
22one of whom may be an ophthalmologist; 2 advanced practice
23registered nurses; one physician assistant; one optometrist;
24one dentist; one clinical representative from a statewide
25organization representing hospitals; and 3 pharmacists. The



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1Advisory Committee members serving on August 26, 2018 (the
2effective date of Public Act 100-1093) shall continue to serve
3until January 1, 2019. Prescriber and dispenser nominations
4for membership on the Committee shall be submitted by their
5respective professional associations. If there are more
6nominees than membership positions for a prescriber or
7dispenser category, as provided in this subsection (b), the
8Clinical Director of the Prescription Monitoring Program shall
9appoint a member or members for each profession as provided in
10this subsection (b), from the nominations to serve on the
11advisory committee. At the first meeting of the Committee in
122019 members shall draw lots for initial terms and 6 members
13shall serve 3 years, 5 members shall serve 2 years, and 5
14members shall serve one year. Thereafter, members shall serve
153-year terms. Members may serve more than one term but no more
16than 3 terms. The Clinical Director of the Prescription
17Monitoring Program may appoint a representative of an
18organization representing a profession required to be
19appointed. The Clinical Director of the Prescription
20Monitoring Program shall serve as the Secretary of the
22    (c) The advisory committee may appoint a chairperson and
23other officers as it deems appropriate.
24    (d) The members of the advisory committee shall receive no
25compensation for their services as members of the advisory
26committee, unless appropriated by the General Assembly, but



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1may be reimbursed for their actual expenses incurred in
2serving on the advisory committee.
3    (e) The advisory committee shall:
4        (1) provide a uniform approach to reviewing this Act
5    in order to determine whether changes should be
6    recommended to the General Assembly;
7        (2) review current drug schedules in order to manage
8    changes to the administrative rules pertaining to the
9    utilization of this Act;
10        (3) review the following: current clinical guidelines
11    developed by health care professional organizations on the
12    prescribing of opioids or other controlled substances;
13    accredited continuing education programs related to
14    prescribing and dispensing; programs or information
15    developed by health care professional organizations that
16    may be used to assess patients or help ensure compliance
17    with prescriptions; updates from the Food and Drug
18    Administration, the Centers for Disease Control and
19    Prevention, and other public and private organizations
20    which are relevant to prescribing and dispensing; relevant
21    medical studies; and other publications which involve the
22    prescription of controlled substances;
23        (4) make recommendations for inclusion of these
24    materials or other studies which may be effective
25    resources for prescribers and dispensers on the Internet
26    website of the inquiry system established under Section



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1    318;
2        (5) semi-annually review the content of the Internet
3    website of the inquiry system established pursuant to
4    Section 318 to ensure this Internet website has the most
5    current available information;
6        (6) semi-annually review opportunities for federal
7    grants and other forms of funding to support projects
8    which will increase the number of pilot programs which
9    integrate the inquiry system with electronic health
10    records; and
11        (7) semi-annually review communication to be sent to
12    all registered users of the inquiry system established
13    pursuant to Section 318, including recommendations for
14    relevant accredited continuing education and information
15    regarding prescribing and dispensing.
16    (f) The Advisory Committee shall select from its members
1710 members of the Peer Review Committee composed of:
18        (1) 3 physicians;
19        (2) 3 pharmacists;
20        (3) one dentist;
21        (4) one advanced practice registered nurse;
22        (4.5) (blank);
23        (5) one physician assistant; and
24        (6) one optometrist.
25    The purpose of the Peer Review Committee is to establish a
26formal peer review of professional performance of prescribers



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1and dispensers. The deliberations, information, and
2communications of the Peer Review Committee are privileged and
3confidential and shall not be disclosed in any manner except
4in accordance with current law.
5        (1) The Peer Review Committee shall periodically
6    review the data contained within the prescription
7    monitoring program to identify those prescribers or
8    dispensers who may be prescribing or dispensing outside
9    the currently accepted standard and practice of their
10    profession. The Peer Review Committee member, whose
11    profession is the same as the prescriber or dispenser
12    being reviewed, shall prepare a preliminary report and
13    recommendation for any non-action or action. The
14    Prescription Monitoring Program Clinical Director and
15    staff shall provide the necessary assistance and data as
16    required.
17        (2) The Peer Review Committee may identify prescribers
18    or dispensers who may be prescribing outside the currently
19    accepted medical standards in the course of their
20    professional practice and send the identified prescriber
21    or dispenser a request for information regarding their
22    prescribing or dispensing practices. This request for
23    information shall be sent via certified mail, return
24    receipt requested. A prescriber or dispenser shall have 30
25    days to respond to the request for information.
26        (3) The Peer Review Committee shall refer a prescriber



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1    or a dispenser to the Department of Financial and
2    Professional Regulation in the following situations:
3            (i) if a prescriber or dispenser does not respond
4        to three successive requests for information;
5            (ii) in the opinion of a majority of members of the
6        Peer Review Committee, the prescriber or dispenser
7        does not have a satisfactory explanation for the
8        practices identified by the Peer Review Committee in
9        its request for information; or
10            (iii) following communications with the Peer
11        Review Committee, the prescriber or dispenser does not
12        sufficiently rectify the practices identified in the
13        request for information in the opinion of a majority
14        of the members of the Peer Review Committee.
15        (4) The Department of Financial and Professional
16    Regulation may initiate an investigation and discipline in
17    accordance with current laws and rules for any prescriber
18    or dispenser referred by the Peer Review Committee.
19        (5) The Peer Review Committee shall prepare an annual
20    report starting on July 1, 2017. This report shall contain
21    the following information: the number of times the Peer
22    Review Committee was convened; the number of prescribers
23    or dispensers who were reviewed by the Peer Review
24    Committee; the number of requests for information sent out
25    by the Peer Review Committee; and the number of
26    prescribers or dispensers referred to the Department of



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1    Financial and Professional Regulation. The annual report
2    shall be delivered electronically to the Department and to
3    the General Assembly. The report to the General Assembly
4    shall be filed with the Clerk of the House of
5    Representatives and the Secretary of the Senate in
6    electronic form only, in the manner that the Clerk and the
7    Secretary shall direct. The report prepared by the Peer
8    Review Committee shall not identify any prescriber,
9    dispenser, or patient.
10(Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18;
11100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff.
13    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
14    Sec. 410. (a) Whenever any person who has not previously
15been convicted of any felony offense under this Act or any law
16of the United States or of any State relating to cannabis or
17controlled substances, pleads guilty to or is found guilty of
18possession of a controlled or counterfeit substance under
19subsection (c) of Section 402 or of unauthorized possession of
20prescription form under Section 406.2, the court, without
21entering a judgment and with the consent of such person, may
22sentence him or her to probation.
23    (b) When a person is placed on probation, the court shall
24enter an order specifying a period of probation of 24 months
25and shall defer further proceedings in the case until the



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1conclusion of the period or until the filing of a petition
2alleging violation of a term or condition of probation.
3    (c) The conditions of probation shall be that the person:
4(1) not violate any criminal statute of any jurisdiction; (2)
5refrain from possessing a firearm or other dangerous weapon;
6(3) submit to periodic drug testing at a time and in a manner
7as ordered by the court, but no less than 3 times during the
8period of the probation, with the cost of the testing to be
9paid by the probationer; and (4) perform no less than 30 hours
10of community service, provided community service is available
11in the jurisdiction and is funded and approved by the county
12board. The court may give credit toward the fulfillment of
13community service hours for participation in activities and
14treatment as determined by court services.
15    (d) The court may, in addition to other conditions,
16require that the person:
17        (1) make a report to and appear in person before or
18    participate with the court or such courts, person, or
19    social service agency as directed by the court in the
20    order of probation;
21        (2) pay a fine and costs;
22        (3) work or pursue a course of study or vocational
23    training;
24        (4) undergo medical or psychiatric treatment; or
25    treatment or rehabilitation approved by the Illinois
26    Department of Human Services;



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1        (5) attend or reside in a facility established for the
2    instruction or residence of defendants on probation;
3        (6) support his or her dependents;
4        (6-5) refrain from having in his or her body the
5    presence of any illicit drug prohibited by the Cannabis
6    Control Act, the Illinois Controlled Substances Act, or
7    the Methamphetamine Control and Community Protection Act,
8    unless prescribed by a physician, and submit samples of
9    his or her blood or urine or both for tests to determine
10    the presence of any illicit drug;
11        (7) and in addition, if a minor:
12            (i) reside with his or her parents or in a foster
13        home;
14            (ii) attend school;
15            (iii) attend a non-residential program for youth;
16            (iv) contribute to his or her own support at home
17        or in a foster home.
18    (e) Upon violation of a term or condition of probation,
19the court may enter a judgment on its original finding of guilt
20and proceed as otherwise provided.
21    (f) Upon fulfillment of the terms and conditions of
22probation, the court shall discharge the person and dismiss
23the proceedings against him or her.
24    (g) A disposition of probation is considered to be a
25conviction for the purposes of imposing the conditions of
26probation and for appeal, however, discharge and dismissal



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1under this Section is not a conviction for purposes of this Act
2or for purposes of disqualifications or disabilities imposed
3by law upon conviction of a crime.
4    (h) A person may not have more than one discharge and
5dismissal under this Section within a 4-year period.
6    (i) If a person is convicted of an offense under this Act,
7the Cannabis Control Act, or the Methamphetamine Control and
8Community Protection Act within 5 years subsequent to a
9discharge and dismissal under this Section, the discharge and
10dismissal under this Section shall be admissible in the
11sentencing proceeding for that conviction as evidence in
13    (j) Notwithstanding subsection (a), before a person is
14sentenced to probation under this Section, the court may refer
15the person to the drug court established in that judicial
16circuit pursuant to Section 15 of the Drug Court Treatment
17Act. The drug court team shall evaluate the person's
18likelihood of successfully completing a sentence of probation
19under this Section and shall report the results of its
20evaluation to the court. If the drug court team finds that the
21person suffers from a substance use disorder abuse problem
22that makes him or her substantially unlikely to successfully
23complete a sentence of probation under this Section, then the
24drug court shall set forth its findings in the form of a
25written order, and the person shall not be sentenced to
26probation under this Section, but shall be considered for the



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1drug court program.
2(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
3100-575, eff. 1-8-18.)
4    (720 ILCS 570/411.2)
5    Sec. 411.2. Drug Treatment Fund; drug treatment grants.
6    (a) (Blank).
7    (b) (Blank).
8    (c) (Blank).
9    (d) (Blank).
10    (e) (Blank).
11    (f) (Blank).
12    (g) (Blank).
13    (h) The Drug Treatment Fund is hereby established as a
14special fund within the State Treasury. The Department of
15Human Services may make grants to persons licensed under
16Section 15-10 of the Substance Use Disorder Act or to
17municipalities or counties from funds appropriated to the
18Department from the Drug Treatment Fund for the treatment of
19pregnant women who have a substance use disorder are addicted
20to alcohol, cannabis, or controlled substances and for the
21needed care of minor, unemancipated children of women
22undergoing residential drug treatment. If the Department of
23Human Services grants funds to a municipality or a county that
24the Department determines is not experiencing a healthcare
25need of problem with pregnant women with a substance use



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1disorder addicted to alcohol, cannabis, or controlled
2substances, or with care for minor, unemancipated children of
3women undergoing residential drug treatment, or intervention,
4the funds shall be used for the treatment of any person with a
5substance use disorder addicted to alcohol, cannabis, or
6controlled substances. The Department may adopt such rules as
7it deems appropriate for the administration of such grants.
8    (i) (Blank).
9(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19;
10101-81, eff. 7-12-19.)
11    (720 ILCS 570/413)  (from Ch. 56 1/2, par. 1413)
12    Sec. 413. (a) Twelve and one-half percent of all amounts
13collected as fines pursuant to the provisions of this Article
14shall be paid into the Youth Drug Abuse Prevention Fund, which
15is hereby created in the State treasury, to be used by the
16Department for the funding of programs and services for
17substance use disorder drug-abuse treatment, and prevention
18and education services, for juveniles.
19    (b) Eighty-seven and one-half percent of the proceeds of
20all fines received under the provisions of this Article shall
21be transmitted to and deposited in the treasurer's office at
22the level of government as follows:
23        (1) If such seizure was made by a combination of law
24    enforcement personnel representing differing units of
25    local government, the court levying the fine shall



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1    equitably allocate 50% of the fine among these units of
2    local government and shall allocate 37 1/2% to the county
3    general corporate fund. In the event that the seizure was
4    made by law enforcement personnel representing a unit of
5    local government from a municipality where the number of
6    inhabitants exceeds 2 million in population, the court
7    levying the fine shall allocate 87 1/2% of the fine to that
8    unit of local government. If the seizure was made by a
9    combination of law enforcement personnel representing
10    differing units of local government, and at least one of
11    those units represents a municipality where the number of
12    inhabitants exceeds 2 million in population, the court
13    shall equitably allocate 87 1/2% of the proceeds of the
14    fines received among the differing units of local
15    government.
16        (2) If such seizure was made by State law enforcement
17    personnel, then the court shall allocate 37 1/2% to the
18    State treasury and 50% to the county general corporate
19    fund.
20        (3) If a State law enforcement agency in combination
21    with a law enforcement agency or agencies of a unit or
22    units of local government conducted the seizure, the court
23    shall equitably allocate 37 1/2% of the fines to or among
24    the law enforcement agency or agencies of the unit or
25    units of local government which conducted the seizure and
26    shall allocate 50% to the county general corporate fund.



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1    (c) The proceeds of all fines allocated to the law
2enforcement agency or agencies of the unit or units of local
3government pursuant to subsection (b) shall be made available
4to that law enforcement agency as expendable receipts for use
5in the enforcement of laws regulating cannabis,
6methamphetamine, and other controlled substances. The proceeds
7of fines awarded to the State treasury shall be deposited in a
8special fund known as the Drug Traffic Prevention Fund, except
9that amounts distributed to the Secretary of State shall be
10deposited into the Secretary of State Evidence Fund to be used
11as provided in Section 2-115 of the Illinois Vehicle Code.
12Monies from this fund may be used by the Illinois State Police
13or use in the enforcement of laws regulating cannabis,
14methamphetamine, and other controlled substances; to satisfy
15funding provisions of the Intergovernmental Drug Laws
16Enforcement Act; to defray costs and expenses associated with
17returning violators of the Cannabis Control Act and this Act
18only, as provided in those Acts, when punishment of the crime
19shall be confinement of the criminal in the penitentiary; and
20all other monies shall be paid into the general revenue fund in
21the State treasury.
22(Source: P.A. 97-334, eff. 1-1-12.)
23    (720 ILCS 570/504)  (from Ch. 56 1/2, par. 1504)
24    Sec. 504. (a) The Director and the Secretary of the
25Department of Financial and Professional Regulation shall each



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1cooperate with Federal agencies and other State agencies in
2discharging his or her responsibilities concerning traffic in
3controlled substances and in suppressing the misuse and abuse
4of controlled substances. To this end he or she may:
5        (1) arrange for the exchange of information among
6    governmental officials concerning the use and misuse ,
7    misuse and abuse of controlled substances;
8        (2) coordinate and cooperate in training programs
9    concerning controlled substance law enforcement at local
10    and State levels;
11        (3) cooperate with the federal Drug Enforcement
12    Administration or its successor agency; and
13        (4) conduct programs of eradication aimed at
14    destroying wild illicit growth of plant species from which
15    controlled substances may be extracted.
16    (b) Results, information, and evidence received from the
17Drug Enforcement Administration relating to the regulatory
18functions of this Act, including results of inspections
19conducted by it may be relied and acted upon by the Director
20and the Secretary of the Department of Financial and
21Professional Regulation in the exercise of their regulatory
22functions under this Act.
23(Source: P.A. 97-334, eff. 1-1-12.)
24    (720 ILCS 570/508)  (from Ch. 56 1/2, par. 1508)
25    Sec. 508. (a) The Department shall encourage research on



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1controlled substances. In connection with the research, and in
2furtherance of the purposes of this Act, the Department may:
3        (1) establish methods to assess accurately the effect
4    of controlled substances and identify and characterize
5    those with potential for misuse abuse;
6        (2) make studies and undertake programs of research
7    to:
8            (i) develop new or improved approaches,
9        techniques, systems, equipment and devices to
10        strengthen the enforcement of this Act;
11            (ii) determine patterns of use and misuse , misuse,
12        and abuse of controlled substances and their social
13        effects; and
14            (iii) improve methods for preventing, predicting,
15        understanding, and dealing with the use and misuse ,
16        misuse and abuse of controlled substances; and
17        (3) enter into contracts with public agencies,
18    educational institutions, and private organizations or
19    individuals for the purpose of conducting research,
20    demonstrations, or special projects which relate to the
21    use and misuse , misuse and abuse of controlled substances.
22    (b) Persons authorized to engage in research may be
23authorized by the Department to protect the privacy of
24individuals who are the subjects of such research by
25withholding from all persons not connected with the conduct of
26the research the names and other identifying characteristics



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1of such individuals. Persons who are given this authorization
2shall not be compelled in any civil, criminal, administrative,
3legislative or other proceeding to identify the individuals
4who are the subjects of research for which the authorization
5was granted, except to the extent necessary to permit the
6Department to determine whether the research is being
7conducted in accordance with the authorization.
8    (c) The Department may authorize the possession and
9dispensing of controlled substances by persons engaged in
10research, upon such terms and conditions as may be consistent
11with the public health and safety. The Department may also
12approve research and treatment programs involving the
13administration of Methadone. The use of Methadone, or any
14similar controlled substance by any person is prohibited in
15this State except as approved and authorized by the Department
16in accordance with its rules and regulations. To the extent of
17the applicable authorization, persons are exempt from
18prosecution in this State for possession, manufacture or
19delivery of controlled substances.
20    (d) Practitioners registered under Federal law to conduct
21research with Schedule I substances may conduct research with
22Schedule I substances within this State upon furnishing
23evidence of that Federal registration and notification of the
24scope and purpose of such research to the Department.
25(Source: P.A. 96-328, eff. 8-11-09.)



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1    (720 ILCS 570/509)  (from Ch. 56 1/2, par. 1509)
2    Sec. 509. Whenever any court in this State grants
3probation to any person that the court has reason to believe is
4or has a substance use disorder been an addict or unlawful
5possessor of controlled substances, the court shall require,
6as a condition of probation, that the probationer submit to
7periodic tests by the Department of Corrections to determine
8by means of appropriate chemical detection tests whether the
9probationer is using controlled substances. The court may
10require as a condition of probation that the probationer enter
11an approved treatment program, if the court determines that
12the probationer has a substance use disorder of is addicted to
13a controlled substance. Whenever the Prisoner Review Board
14grants parole or the Department of Juvenile Justice grants
15aftercare release to a person believed to have been an
16unlawful possessor or person with a substance use disorder
17addict of controlled substances, the Board or Department shall
18require as a condition of parole or aftercare release that the
19parolee or aftercare releasee submit to appropriate periodic
20chemical tests by the Department of Corrections or the
21Department of Juvenile Justice to determine whether the
22parolee or aftercare releasee is using controlled substances.
23(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
24    Section 99. Effective date. This Section and Section 10
25take effect upon becoming law.