99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0689

 

Introduced 2/3/2015, by Sen. Matt Murphy

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 85/16b
720 ILCS 570/302  from Ch. 56 1/2, par. 1302

    Amends the Pharmacy Practice Act. Provides that a patient's agent for picking up prescription orders from the prescriber or delivering prescription drugs to a patient includes an advanced practice nurse, practical nurse, or registered nurse licensed under the Nurse Practice Act who provides hospice services to a hospice patient or who provides home health services to a person. Amends the Illinois Controlled Substances Act. Provides that an advanced practice nurse, practical nurse, or registered nurse licensed under the Nurse Practice Act who provides hospice services to a hospice patient or who provides home health services to a person may lawfully possess controlled substances prescribed for the patient under a lawful prescription of a practitioner.


LRB099 02679 RLC 22686 b

 

 

A BILL FOR

 

SB0689LRB099 02679 RLC 22686 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 Pharmacy Practice Act is amended by changing
5Section 16b as follows:
 
6    (225 ILCS 85/16b)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 16b. Prescription pick up and drop off. Nothing
9contained in this Act shall prohibit a pharmacist or pharmacy,
10by means of its employee or by use of a common carrier or the
11U.S. mail, at the request of the patient, from picking up
12prescription orders from the prescriber or delivering
13prescription drugs to the patient or the patient's agent,
14including an advanced practice nurse, practical nurse, or
15registered nurse licensed under the Nurse Practice Act who
16provides hospice services to a hospice patient or who provides
17home health services to a person, at the residence or place of
18employment of the person for whom the prescription was issued
19or at the hospital or medical care facility in which the
20patient is confined. Conversely, the patient or patient's agent
21may drop off prescriptions at a designated area. In this
22Section, "home health services" has the meaning ascribed to it
23in the Home Health, Home Services, and Home Nursing Agency

 

 

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1Licensing Act; and "hospice patient" and "hospice services"
2have the meanings ascribed to them in the Hospice Program
3Licensing Act.
4(Source: P.A. 95-689, eff. 10-29-07.)
 
5    Section 10. The Illinois Controlled Substances Act is
6amended by changing Section 302 as follows:
 
7    (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
8    Sec. 302. (a) Every person who manufactures, distributes,
9or dispenses any controlled substances, or engages in chemical
10analysis, and instructional activities which utilize
11controlled substances, or who purchases, stores, or
12administers euthanasia drugs, within this State or who proposes
13to engage in the manufacture, distribution, or dispensing of
14any controlled substance, or to engage in chemical analysis,
15and instructional activities which utilize controlled
16substances, or to engage in purchasing, storing, or
17administering euthanasia drugs, within this State, must obtain
18a registration issued by the Department of Financial and
19Professional Regulation in accordance with its rules. The rules
20shall include, but not be limited to, setting the expiration
21date and renewal period for each registration under this Act.
22The Department, any facility or service licensed by the
23Department, and any veterinary hospital or clinic operated by a
24veterinarian or veterinarians licensed under the Veterinary

 

 

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1Medicine and Surgery Practice Act of 2004 or maintained by a
2State-supported or publicly funded university or college shall
3be exempt from the regulation requirements of this Section;
4however, such exemption shall not operate to bar the University
5of Illinois from requesting, nor the Department of Financial
6and Professional Regulation from issuing, a registration to the
7University of Illinois Veterinary Teaching Hospital under this
8Act. Neither a request for such registration nor the issuance
9of such registration to the University of Illinois shall
10operate to otherwise waive or modify the exemption provided in
11this subsection (a).
12    (b) Persons registered by the Department of Financial and
13Professional Regulation under this Act to manufacture,
14distribute, or dispense controlled substances, or purchase,
15store, or administer euthanasia drugs, may possess,
16manufacture, distribute, or dispense those substances, or
17purchase, store, or administer euthanasia drugs, to the extent
18authorized by their registration and in conformity with the
19other provisions of this Article.
20    (c) The following persons need not register and may
21lawfully possess controlled substances under this Act:
22        (1) an agent or employee of any registered
23    manufacturer, distributor, or dispenser of any controlled
24    substance if he or she is acting in the usual course of his
25    or her employer's lawful business or employment;
26        (2) a common or contract carrier or warehouseman, or an

 

 

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1    agent or employee thereof, whose possession of any
2    controlled substance is in the usual lawful course of such
3    business or employment;
4        (3) an ultimate user or a person in possession of a
5    controlled substance prescribed for the ultimate user
6    under a lawful prescription of a practitioner, including an
7    advanced practice nurse, practical nurse, or registered
8    nurse licensed under the Nurse Practice Act who provides
9    hospice services to a hospice patient or who provides home
10    health services to a person, or a person in possession of
11    any controlled substance pursuant to a lawful prescription
12    of a practitioner or in lawful possession of a Schedule V
13    substance. In this Section, "home health services" has the
14    meaning ascribed to it in the Home Health, Home Services,
15    and Home Nursing Agency Licensing Act; and "hospice
16    patient" and "hospice services" have the meanings ascribed
17    to them in the Hospice Program Licensing Act;
18        (4) officers and employees of this State or of the
19    United States while acting in the lawful course of their
20    official duties which requires possession of controlled
21    substances;
22        (5) a registered pharmacist who is employed in, or the
23    owner of, a pharmacy licensed under this Act and the
24    Federal Controlled Substances Act, at the licensed
25    location, or if he or she is acting in the usual course of
26    his or her lawful profession, business, or employment.

 

 

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1    (d) A separate registration is required at each place of
2business or professional practice where the applicant
3manufactures, distributes, or dispenses controlled substances,
4or purchases, stores, or administers euthanasia drugs. Persons
5are required to obtain a separate registration for each place
6of business or professional practice where controlled
7substances are located or stored. A separate registration is
8not required for every location at which a controlled substance
9may be prescribed.
10    (e) The Department of Financial and Professional
11Regulation or the Illinois State Police may inspect the
12controlled premises, as defined in Section 502 of this Act, of
13a registrant or applicant for registration in accordance with
14this Act and the rules promulgated hereunder and with regard to
15persons licensed by the Department, in accordance with
16subsection (bb) of Section 30-5 of the Alcoholism and Other
17Drug Abuse and Dependency Act and the rules and regulations
18promulgated thereunder.
19(Source: P.A. 96-219, eff. 8-10-09; 97-126, eff. 7-14-11;
2097-334, eff. 1-1-12; 97-813, eff. 7-13-12.)