Illinois General Assembly - Full Text of SB0086
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Full Text of SB0086  102nd General Assembly

SB0086 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0086

 

Introduced 2/3/2021, by Sen. Win Stoller

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/312  from Ch. 56 1/2, par. 1312

    Amends the Illinois Controlled Substances Act. Provides that when issuing a prescription for an opiate to a patient 18 years of age or older for outpatient use for the first time, a practitioner may not issue a prescription for more than a 7-day supply. Provides that a practitioner may not issue an opiate prescription to a person under 18 years of age for more than a 7-day supply at any time and shall discuss with the parent or guardian of the person under 18 years of age the risks associated with opiate use and the reasons why the prescription is necessary. Provides that notwithstanding this provision, if, in the professional medical judgment of a practitioner, more than a 7-day supply of an opiate is required to treat the patient's acute medical condition or is necessary for the treatment of chronic pain management, pain associated with a cancer diagnoses, or for palliative care, then the practitioner may issue a prescription for the quantity needed to treat that acute medical condition, chronic pain, pain associated with a cancer diagnosis, or pain experienced while the patient is in palliative care. Provides that the condition triggering the prescription of an opiate for more than a 7-day supply shall be documented in the patient's medical record and the practitioner shall indicate that a non-opiate alternative was not appropriate to address the medical condition. Provides that these provisions do not apply to medications designed for the treatment of substance abuse or opioid dependence. Effective immediately.


LRB102 04163 RLC 14180 b

 

 

A BILL FOR

 

SB0086LRB102 04163 RLC 14180 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 312 as follows:
 
6    (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)
7    Sec. 312. Requirements for dispensing controlled
8substances.
9    (a) A practitioner, in good faith, may dispense a Schedule
10II controlled substance, which is a narcotic drug listed in
11Section 206 of this Act; or which contains any quantity of
12amphetamine or methamphetamine, their salts, optical isomers
13or salts of optical isomers; phenmetrazine and its salts; or
14pentazocine; and Schedule III, IV, or V controlled substances
15to any person upon a written or electronic prescription of any
16prescriber, dated and signed by the person prescribing (or
17electronically validated in compliance with Section 311.5) on
18the day when issued and bearing the name and address of the
19patient for whom, or the owner of the animal for which the
20controlled substance is dispensed, and the full name, address
21and registry number under the laws of the United States
22relating to controlled substances of the prescriber, if he or
23she is required by those laws to be registered. If the

 

 

SB0086- 2 -LRB102 04163 RLC 14180 b

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

 

 

SB0086- 3 -LRB102 04163 RLC 14180 b

1pharmacy shall maintain a policy regarding the type of
2identification necessary, if any, to receive a prescription in
3accordance with State and federal law. The pharmacy must post
4such information where prescriptions are filled.
5    (a-5) Physicians may issue multiple prescriptions (3
6sequential 30-day supplies) for the same Schedule II
7controlled substance, authorizing up to a 90-day supply.
8Before authorizing a 90-day supply of a Schedule II controlled
9substance, the physician must meet the following conditions:
10        (1) Each separate prescription must be issued for a
11    legitimate medical purpose by an individual physician
12    acting in the usual course of professional practice.
13        (2) The individual physician must provide written
14    instructions on each prescription (other than the first
15    prescription, if the prescribing physician intends for the
16    prescription to be filled immediately) indicating the
17    earliest date on which a pharmacy may fill that
18    prescription.
19        (3) The physician shall document in the medical record
20    of a patient the medical necessity for the amount and
21    duration of the 3 sequential 30-day prescriptions for
22    Schedule II narcotics.
23    (b) In lieu of a written prescription required by this
24Section, a pharmacist, in good faith, may dispense Schedule
25III, IV, or V substances to any person either upon receiving a
26facsimile of a written, signed prescription transmitted by the

 

 

SB0086- 4 -LRB102 04163 RLC 14180 b

1prescriber or the prescriber's agent or upon a lawful oral
2prescription of a prescriber which oral prescription shall be
3reduced promptly to writing by the pharmacist and such written
4memorandum thereof shall be dated on the day when such oral
5prescription is received by the pharmacist and shall bear the
6full name and address of the ultimate user for whom, or of the
7owner of the animal for which the controlled substance is
8dispensed, and the full name, address, and registry number
9under the law of the United States relating to controlled
10substances of the prescriber prescribing if he or she is
11required by those laws to be so registered, and the pharmacist
12filling such oral prescription shall write the date of filling
13and his or her own signature on the face of such written
14memorandum thereof. The facsimile copy of the prescription or
15written memorandum of the oral prescription shall be retained
16on file by the proprietor of the pharmacy in which it is filled
17for a period of not less than two years, so as to be readily
18accessible for inspection by any officer or employee engaged
19in the enforcement of this Act in the same manner as a written
20prescription. The facsimile copy of the prescription or oral
21prescription and the written memorandum thereof shall not be
22filled or refilled more than 6 months after the date thereof or
23be refilled more than 5 times, unless renewed, in writing, by
24the prescriber.
25    (c) Except for any non-prescription targeted
26methamphetamine precursor regulated by the Methamphetamine

 

 

SB0086- 5 -LRB102 04163 RLC 14180 b

1Precursor Control Act, a controlled substance included in
2Schedule V shall not be distributed or dispensed other than
3for a medical purpose and not for the purpose of evading this
4Act, and then:
5        (1) only personally by a person registered to dispense
6    a Schedule V controlled substance and then only to his or
7    her patients, or
8        (2) only personally by a pharmacist, and then only to
9    a person over 21 years of age who has identified himself or
10    herself to the pharmacist by means of 2 positive documents
11    of identification.
12        (3) the dispenser shall record the name and address of
13    the purchaser, the name and quantity of the product, the
14    date and time of the sale, and the dispenser's signature.
15        (4) no person shall purchase or be dispensed more than
16    120 milliliters or more than 120 grams of any Schedule V
17    substance which contains codeine, dihydrocodeine, or any
18    salts thereof, or ethylmorphine, or any salts thereof, in
19    any 96 hour period. The purchaser shall sign a form,
20    approved by the Department of Financial and Professional
21    Regulation, attesting that he or she has not purchased any
22    Schedule V controlled substances within the immediately
23    preceding 96 hours.
24        (5) (Blank).
25        (6) all records of purchases and sales shall be
26    maintained for not less than 2 years.

 

 

SB0086- 6 -LRB102 04163 RLC 14180 b

1        (7) no person shall obtain or attempt to obtain within
2    any consecutive 96 hour period any Schedule V substances
3    of more than 120 milliliters or more than 120 grams
4    containing codeine, dihydrocodeine or any of its salts, or
5    ethylmorphine or any of its salts. Any person obtaining
6    any such preparations or combination of preparations in
7    excess of this limitation shall be in unlawful possession
8    of such controlled substance.
9        (8) a person qualified to dispense controlled
10    substances under this Act and registered thereunder shall
11    at no time maintain or keep in stock a quantity of Schedule
12    V controlled substances in excess of 4.5 liters for each
13    substance; a pharmacy shall at no time maintain or keep in
14    stock a quantity of Schedule V controlled substances as
15    defined in excess of 4.5 liters for each substance, plus
16    the additional quantity of controlled substances necessary
17    to fill the largest number of prescription orders filled
18    by that pharmacy for such controlled substances in any one
19    week in the previous year. These limitations shall not
20    apply to Schedule V controlled substances which Federal
21    law prohibits from being dispensed without a prescription.
22        (9) no person shall distribute or dispense butyl
23    nitrite for inhalation or other introduction into the
24    human body for euphoric or physical effect.
25    (d) Every practitioner shall keep a record or log of
26controlled substances received by him or her and a record of

 

 

SB0086- 7 -LRB102 04163 RLC 14180 b

1all such controlled substances administered, dispensed or
2professionally used by him or her otherwise than by
3prescription. It shall, however, be sufficient compliance with
4this paragraph if any practitioner utilizing controlled
5substances listed in Schedules III, IV and V shall keep a
6record of all those substances dispensed and distributed by
7him or her other than those controlled substances which are
8administered by the direct application of a controlled
9substance, whether by injection, inhalation, ingestion, or any
10other means to the body of a patient or research subject. A
11practitioner who dispenses, other than by administering, a
12controlled substance in Schedule II, which is a narcotic drug
13listed in Section 206 of this Act, or which contains any
14quantity of amphetamine or methamphetamine, their salts,
15optical isomers or salts of optical isomers, pentazocine, or
16methaqualone shall do so only upon the issuance of a written
17prescription blank or electronic prescription issued by a
18prescriber.
19    (e) Whenever a manufacturer distributes a controlled
20substance in a package prepared by him or her, and whenever a
21wholesale distributor distributes a controlled substance in a
22package prepared by him or her or the manufacturer, he or she
23shall securely affix to each package in which that substance
24is contained a label showing in legible English the name and
25address of the manufacturer, the distributor and the quantity,
26kind and form of controlled substance contained therein. No

 

 

SB0086- 8 -LRB102 04163 RLC 14180 b

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

 

 

SB0086- 9 -LRB102 04163 RLC 14180 b

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

 

 

SB0086- 10 -LRB102 04163 RLC 14180 b

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

 

 

SB0086- 11 -LRB102 04163 RLC 14180 b

1    labeled to show the name and address of the pharmacy or
2    practitioner dispensing the prescription.
3        (4) The outside wrapper or container must be free of
4    markings that would indicate the nature of the contents.
5    (k-5)(1) Except as provided in paragraph (2) of this
6subsection (k-5), when issuing a prescription for an opiate to
7a patient 18 years of age or older for outpatient use for the
8first time, a practitioner may not issue a prescription for
9more than a 7-day supply. A practitioner may not issue an
10opiate prescription to a person under 18 years of age for more
11than a 7-day supply at any time and shall discuss with the
12parent or guardian of the person under 18 years of age the
13risks associated with opiate use and the reasons why the
14prescription is necessary.
15    (2) Notwithstanding paragraph (1) of this subsection
16(k-5), if, in the professional medical judgment of a
17practitioner, more than a 7-day supply of an opiate is
18required to treat the patient's acute medical condition or is
19necessary for the treatment of chronic pain management, pain
20associated with a cancer diagnoses, or for palliative care,
21then the practitioner may issue a prescription for the
22quantity needed to treat that acute medical condition, chronic
23pain, pain associated with a cancer diagnosis, or pain
24experienced while the patient is in palliative care. The
25condition triggering the prescription of an opiate for more
26than a 7-day supply shall be documented in the patient's

 

 

SB0086- 12 -LRB102 04163 RLC 14180 b

1medical record and the practitioner shall indicate that a
2non-opiate alternative was not appropriate to address the
3medical condition.
4    (3) Notwithstanding paragraphs (1) and (2) of this
5subsection (k-5), this subsection (k-5) does not apply to
6medications designed for the treatment of substance abuse or
7opioid dependence.
8    (l) Notwithstanding any other provision of this Act to the
9contrary, emergency medical services personnel may administer
10Schedule II, III, IV, or V controlled substances to a person in
11the scope of their employment without a written, electronic,
12or oral prescription of a prescriber.
13(Source: P.A. 99-78, eff. 7-20-15; 99-480, eff. 9-9-15;
14100-280, eff. 1-1-18.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.