Illinois General Assembly - Full Text of SB0647
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Full Text of SB0647  103rd General Assembly


Sen. Adriane Johnson

Filed: 4/4/2024





10300SB0647sam002LRB103 03100 RLC 71201 a


2    AMENDMENT NO. ______. Amend Senate Bill 647 by replacing
3everything after the enacting clause with the following:
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



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1    Center, at Anna
2        The Chester Mental Health Center, at Chester
3        The Chicago-Read Mental Health Center, at Chicago
4        The Elgin Mental Health Center, at Elgin
5        The Metropolitan Children and Adolescents Center, at
6    Chicago
7        The Jacksonville Developmental Center, at Jacksonville
8        The Governor Samuel H. Shapiro Developmental Center,
9    at Kankakee
10        The Tinley Park Mental Health Center, at Tinley Park
11        The Warren G. Murray Developmental Center, at
12    Centralia
13        The Jack Mabley Developmental Center, at Dixon
14        The Lincoln Developmental Center, at Lincoln
15        The H. Douglas Singer Mental Health and Developmental
16    Center, at Rockford
17        The John J. Madden Mental Health Center, at Chicago
18        The George A. Zeller Mental Health Center, at Peoria
19        The Elizabeth Parsons Ware Packard Andrew McFarland
20    Mental Health Center, at Springfield
21        The Adolf Meyer Mental Health Center, at Decatur
22        The William W. Fox Developmental Center, at Dwight
23        The Elisabeth Ludeman Developmental Center, at Park
24    Forest
25        The William A. Howe Developmental Center, at Tinley
26    Park



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1        The Ann M. Kiley Developmental Center, at Waukegan.
2    (b) Beginning not later than July 1, 1977, the Department
3shall cause each of the facilities under its jurisdiction
4which provide in-patient care to comply with standards, rules
5and regulations of the Department of Public Health prescribed
6under Section 6.05 of the Hospital Licensing Act.
7    (b-5) The Department shall cause each of the facilities
8under its jurisdiction that provide in-patient care to comply
9with Section 6.25 of the Hospital Licensing Act.
10    (c) The Department shall issue quarterly electronic
11reports to the General Assembly on admissions, deflections,
12discharges, bed closures, staff-resident ratios, census,
13average length of stay, and any adverse federal certification
14or accreditation findings, if any, for each State-operated
15facility for the mentally ill and for persons with
16developmental disabilities. The quarterly reports shall be
17issued by January 1, April 1, July 1, and October 1 of each
18year. The quarterly reports shall include the following
19information for each facility reflecting the period ending 15
20days prior to the submission of the report:
21        (1) the number of employees;
22        (2) the number of workplace violence incidents that
23    occurred, including the number that were a direct assault
24    on employees by residents and the number that resulted
25    from staff intervention in a resident altercation or other
26    form of injurious behavior;



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1        (3) the number of employees impacted in each incident;
2    and
3        (4) the number of employee injuries resulting,
4    descriptions of the nature of the injuries, the number of
5    employee injuries requiring medical treatment at the
6    facility, the number of employee injuries requiring
7    outside medical treatment, and the number of days off work
8    per injury.
9    (d) The requirements in subsection (c) do not relieve the
10Department from the recordkeeping requirements of the
11Occupational Safety and Health Act.
12    (e) The Department shall:
13        (1) establish a reasonable procedure for employees to
14    report work-related assaults and injuries. A procedure is
15    not reasonable if it would deter or discourage a
16    reasonable employee from accurately reporting a workplace
17    assault or injury;
18        (2) inform each employee:
19            (A) of the procedure for reporting work-related
20        assaults and injuries;
21            (B) of the right to report work-related assaults
22        and injuries; and
23            (C) that the Department is prohibited from
24        discharging or in any manner discriminating against
25        employees for reporting work-related assaults and
26        injuries; and



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1        (3) not discharge, discipline, or in any manner
2    discriminate against any employee for reporting a
3    work-related assault or injury.
4(Source: P.A. 99-143, eff. 7-27-15; 100-1075, eff. 1-1-19.)
5    (405 ILCS 95/Act rep.)
6    Section 10. The Perinatal Mental Health Disorders
7Prevention and Treatment Act is repealed.
8    Section 15. The Maternal Mental Health Conditions
9Education, Early Diagnosis, and Treatment Act is amended by
10changing Sections 5, 10, and 15 and by adding Sections 9 and 14
11as follows:
12    (405 ILCS 120/5)
13    Sec. 5. Findings. The General Assembly finds the
15        (1) Maternal depression is a common complication of
16    pregnancy. Maternal mental health disorders encompass a
17    range of mental health conditions, such as depression,
18    anxiety, and postpartum psychosis.
19        (2) Maternal mental health conditions affect one in 5
20    women during or after pregnancy, but all women are at risk
21    of suffering from maternal mental health conditions.
22        (3) Untreated maternal mental health conditions
23    significantly and negatively impact the short-term and



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1    long-term health and well-being of affected women and
2    their children.
3        (4) Untreated maternal mental health conditions cause
4    adverse birth outcomes, impaired maternal-infant bonding,
5    poor infant growth, childhood emotional and behavioral
6    problems, and significant medical and economic costs,
7    estimated to be $22,500 per mother.
8        (5) Lack of understanding and social stigma of mental
9    health conditions prevent women and families from
10    understanding the signs, symptoms, and risks involved with
11    maternal mental health conditions and disproportionately
12    affect women who lack access to social support networks.
13        (6) It is the intent of the General Assembly to raise
14    awareness of the risk factors, signs, symptoms, and
15    treatment options for maternal mental health conditions
16    among pregnant women and their families, the general
17    public, primary health care providers, and health care
18    providers who care for pregnant women, postpartum women,
19    and newborn infants.
20(Source: P.A. 101-512, eff. 1-1-20.)
21    (405 ILCS 120/9 new)
22    Sec. 9. Intent. It is the intent of the General Assembly:
23        (1) to raise awareness of the risk factors, signs,
24    symptoms, and treatment options for maternal mental health
25    conditions among pregnant women and their families, the



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1    general public, primary care providers, and health care
2    providers who care for pregnant women, postpartum women,
3    and newborn infants;
4        (2) to provide information to women and their families
5    about maternal mental health conditions in order to lower
6    the likelihood that new mothers will continue to suffer
7    from this illness in silence;
8        (3) to develop procedures for assessing women for
9    maternal mental health conditions during prenatal and
10    postnatal visits to licensed health care professionals;
11    and
12        (4) to promote early detection of maternal mental
13    health conditions to promote early care and treatment and,
14    when medically appropriate, to avoid medication.
15    (405 ILCS 120/10)
16    Sec. 10. Definitions. In this Act:
17    "Birthing hospital" means a hospital that has an approved
18obstetric category of service and licensed beds by the Health
19Facilities and Services Review Board.
20    "Department" means the Department of Human Services.
21    "Licensed health care professional" means a physician
22licensed to practice medicine in all its branches, a licensed
23advanced practice registered nurse, or a licensed physician
25    "Maternal mental health condition" means a mental health



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1condition that occurs during pregnancy or during the
2postpartum period and includes, but is not limited to,
3postpartum depression.
4    "Postnatal care" means an office visit to a licensed
5health care professional occurring after birth, with reference
6to the infant or mother.
7    "Prenatal care" means an office visit to a licensed health
8care professional for pregnancy-related care occurring before
9the birth.
10    "Questionnaire" means an assessment tool administered by a
11licensed health care professional to detect maternal mental
12health conditions, such as the Edinburgh Postnatal Depression
13Scale, the Postpartum Depression Screening Scale, the Beck
14Depression Inventory, the Patient Health Questionnaire, or
15other validated assessment methods.
16(Source: P.A. 101-512, eff. 1-1-20.)
17    (405 ILCS 120/14 new)
18    Sec. 14. Maternal mental health conditions prevention and
19treatment. The Department of Human Services, in conjunction
20with the Department of Healthcare and Family Services, the
21Department of Public Health, and the Department of Financial
22and Professional Regulation and the Medical Licensing Board,
23shall work with birthing hospitals and licensed health care
24professionals in this State to develop policies, procedures,
25information, and educational materials to meet each of the



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



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1    maternal mental health conditions must be repeated when,
2    in the professional judgment of the licensed health care
3    professional, a reasonable possibility exists that the
4    woman suffers from a maternal mental health condition.
5        (4) Licensed health care professionals providing
6    postnatal care to women shall invite each patient to
7    complete a questionnaire and shall review the completed
8    questionnaire in accordance with the formal opinions and
9    recommendations of the American College of Obstetricians
10    and Gynecologists.
11        (5) Licensed health care professionals providing
12    pediatric care to an infant shall invite the infant's
13    mother to complete a questionnaire at any well-baby
14    check-up at which the mother is present prior to the
15    infant's first birthday, and shall review the completed
16    questionnaire in accordance with the formal opinions and
17    recommendations of the American College of Obstetricians
18    and Gynecologists, in order to ensure that the health and
19    well-being of the infant are not compromised by an
20    undiagnosed maternal mental health condition in the
21    mother. In order to share results from an assessment with
22    the mother's primary licensed health care professional,
23    consent should be obtained from the mother in accordance
24    with the Illinois Health Insurance Portability and
25    Accountability Act. If the mother is determined to present
26    an acute danger to herself or someone else, consent is not



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1    required.
2    (405 ILCS 120/15)
3    Sec. 15. Educational materials about maternal mental
4health conditions. The Department, in conjunction with the
5Department of Healthcare and Family Services, the Department
6of Public Health, and the Department of Financial and
7Professional Regulation and the Medical Licensing Board, shall
8develop educational materials for health care professionals
9and patients about maternal mental health conditions. A
10birthing hospital shall, on or before January 1, 2021,
11distribute these materials to employees regularly assigned to
12work with pregnant or postpartum women and incorporate these
13materials in any employee training that is related to patient
14care of pregnant or postpartum women. A birthing hospital
15shall supplement the materials provided by the Department to
16include relevant resources to the region or community in which
17the birthing hospital is located. The educational materials
18developed under this Section shall include all of the
20        (1) Information for postpartum women and families
21    about maternal mental health conditions, post-hospital
22    treatment options, and community resources.
23        (1) (2) Information for hospital employees regularly
24    assigned to work in the perinatal unit, including, as
25    appropriate, registered nurses and social workers, about



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1    maternal mental health conditions.
2        (2) (3) Any other service the birthing hospital
3    determines should be included in the program to provide
4    optimal patient care.
5(Source: P.A. 101-512, eff. 1-1-20.)
6    Section 20. The Illinois Controlled Substances Act is
7amended by changing Sections 100, 102, 201, 203, 205, 207,
8208, 209, 210, 211, 216, 312, 313, 318, 320, 410, 411.2, 413,
9504, 508, and 509 as follows:
10    (720 ILCS 570/100)  (from Ch. 56 1/2, par. 1100)
11    Sec. 100. Legislative intent. It is the intent of the
12General Assembly, recognizing the rising incidence in the
13misuse abuse of drugs and other dangerous substances and its
14resultant damage to the peace, health, and welfare of the
15citizens of Illinois, to provide a system of control over the
16distribution and use of controlled substances which will more
17effectively: (1) limit access of such substances only to those
18persons who have demonstrated an appropriate sense of
19responsibility and have a lawful and legitimate reason to
20possess them; (2) deter the unlawful and destructive misuse
21abuse of controlled substances; (3) penalize most heavily the
22illicit traffickers or profiteers of controlled substances,
23who propagate and perpetuate the misuse abuse of such
24substances with reckless disregard for its consumptive



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1consequences upon every element of society; (4) acknowledge
2the functional and consequential differences between the
3various types of controlled substances and provide for
4correspondingly different degrees of control over each of the
5various types; (5) unify where feasible and codify the efforts
6of this State to conform with the regulatory systems of the
7Federal government; and (6) provide law enforcement
8authorities with the necessary resources to make this system
10    It is not the intent of the General Assembly to treat the
11unlawful user or occasional petty distributor of controlled
12substances with the same severity as the large-scale, unlawful
13purveyors and traffickers of controlled substances. However,
14it is recognized that persons who violate this Act with
15respect to the manufacture, delivery, possession with intent
16to deliver, or possession of more than one type of controlled
17substance listed herein may accordingly receive multiple
18convictions and sentences under each Section of this Act. To
19this end, guidelines have been provided, along with a wide
20latitude in sentencing discretion, to enable the sentencing
21court to order penalties in each case which are appropriate
22for the purposes of this Act.
23(Source: P.A. 97-334, eff. 1-1-12.)
24    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
25    Sec. 102. Definitions. As used in this Act, unless the



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1context otherwise requires:
2    (a) "Person with a substance use disorder Addict" means
3any person who has a substance use disorder diagnosis defined
4as a spectrum of persistent and recurring problematic behavior
5that encompasses 10 separate classes of drugs: alcohol;
6caffeine; cannabis; hallucinogens; inhalants; opioids;
7sedatives, hypnotics and anxiolytics; stimulants; and tobacco;
8and other unknown substances leading to clinically significant
9impairment or distress habitually uses any drug, chemical,
10substance or dangerous drug other than alcohol so as to
11endanger the public morals, health, safety or welfare or who
12is so far addicted to the use of a dangerous drug or controlled
13substance other than alcohol as to have lost the power of self
14control with reference to his or her addiction.
15    (b) "Administer" means the direct application of a
16controlled substance, whether by injection, inhalation,
17ingestion, or any other means, to the body of a patient,
18research subject, or animal (as defined by the Humane
19Euthanasia in Animal Shelters Act) by:
20        (1) a practitioner (or, in his or her presence, by his
21    or her authorized agent),
22        (2) the patient or research subject pursuant to an
23    order, or
24        (3) a euthanasia technician as defined by the Humane
25    Euthanasia in Animal Shelters Act.
26    (c) "Agent" means an authorized person who acts on behalf



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1of or at the direction of a manufacturer, distributor,
2dispenser, prescriber, or practitioner. It does not include a
3common or contract carrier, public warehouseman or employee of
4the carrier or warehouseman.
5    (c-1) "Anabolic Steroids" means any drug or hormonal
6substance, chemically and pharmacologically related to
7testosterone (other than estrogens, progestins,
8corticosteroids, and dehydroepiandrosterone), and includes:
9    (i) 3[beta],17-dihydroxy-5a-androstane, 
10    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
11    (iii) 5[alpha]-androstan-3,17-dione, 
12    (iv) 1-androstenediol (3[beta], 
13        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
14    (v) 1-androstenediol (3[alpha], 
15        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
16    (vi) 4-androstenediol  
17        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
18    (vii) 5-androstenediol  
19        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
20    (viii) 1-androstenedione  
21        ([5alpha]-androst-1-en-3,17-dione), 
22    (ix) 4-androstenedione  
23        (androst-4-en-3,17-dione), 
24    (x) 5-androstenedione  
25        (androst-5-en-3,17-dione), 
26    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 



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1        hydroxyandrost-4-en-3-one), 
2    (xii) boldenone (17[beta]-hydroxyandrost- 
3        1,4,-diene-3-one), 
4    (xiii) boldione (androsta-1,4- 
5        diene-3,17-dione), 
6    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
7        [beta]-hydroxyandrost-4-en-3-one), 
8    (xv) clostebol (4-chloro-17[beta]- 
9        hydroxyandrost-4-en-3-one), 
10    (xvi) dehydrochloromethyltestosterone (4-chloro- 
11        17[beta]-hydroxy-17[alpha]-methyl- 
12        androst-1,4-dien-3-one), 
13    (xvii) desoxymethyltestosterone 
14    (17[alpha]-methyl-5[alpha] 
15        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
16    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
17        '1-testosterone') (17[beta]-hydroxy- 
18        5[alpha]-androst-1-en-3-one), 
19    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
20        androstan-3-one), 
21    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
22        5[alpha]-androstan-3-one), 
23    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
24        hydroxyestr-4-ene), 
25    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
26        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 



10300SB0647sam002- 17 -LRB103 03100 RLC 71201 a

1    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
2        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
3    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
4        hydroxyandrostano[2,3-c]-furazan), 
5    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, 
6    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
7        androst-4-en-3-one), 
8    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
9        dihydroxy-estr-4-en-3-one), 
10    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
11        hydroxy-5-androstan-3-one), 
12    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
13        [5a]-androstan-3-one), 
14    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
15        hydroxyandrost-1,4-dien-3-one), 
16    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
17        dihydroxyandrost-5-ene), 
18    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
19        5[alpha]-androst-1-en-3-one), 
20    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
21        dihydroxy-5a-androstane, 
22    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
23        -5a-androstane, 
24    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
25        dihydroxyandrost-4-ene), 
26    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 



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



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1    (xlix) 19-nor-5-androstenedione (estr-5- 
2        en-3,17-dione), 
3    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
4        hydroxygon-4-en-3-one), 
5    (li) norclostebol (4-chloro-17[beta]- 
6        hydroxyestr-4-en-3-one), 
7    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
8        hydroxyestr-4-en-3-one), 
9    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
10        hydroxyestr-4-en-3-one), 
11    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
12        2-oxa-5[alpha]-androstan-3-one), 
13    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
14        dihydroxyandrost-4-en-3-one), 
15    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
16        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
17    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
18        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
19    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
20        (5[alpha]-androst-1-en-3-one), 
21    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
22        secoandrosta-1,4-dien-17-oic 
23        acid lactone), 
24    (lx) testosterone (17[beta]-hydroxyandrost- 
25        4-en-3-one), 
26    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 



10300SB0647sam002- 20 -LRB103 03100 RLC 71201 a

1        diethyl-17[beta]-hydroxygon- 
2        4,9,11-trien-3-one), 
3    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
4        11-trien-3-one). 
5    Any person who is otherwise lawfully in possession of an
6anabolic steroid, or who otherwise lawfully manufactures,
7distributes, dispenses, delivers, or possesses with intent to
8deliver an anabolic steroid, which anabolic steroid is
9expressly intended for and lawfully allowed to be administered
10through implants to livestock or other nonhuman species, and
11which is approved by the Secretary of Health and Human
12Services for such administration, and which the person intends
13to administer or have administered through such implants,
14shall not be considered to be in unauthorized possession or to
15unlawfully manufacture, distribute, dispense, deliver, or
16possess with intent to deliver such anabolic steroid for
17purposes of this Act.
18    (d) "Administration" means the Drug Enforcement
19Administration, United States Department of Justice, or its
20successor agency.
21    (d-5) "Clinical Director, Prescription Monitoring Program"
22means a Department of Human Services administrative employee
23licensed to either prescribe or dispense controlled substances
24who shall run the clinical aspects of the Department of Human
25Services Prescription Monitoring Program and its Prescription
26Information Library.



10300SB0647sam002- 21 -LRB103 03100 RLC 71201 a

1    (d-10) "Compounding" means the preparation and mixing of
2components, excluding flavorings, (1) as the result of a
3prescriber's prescription drug order or initiative based on
4the prescriber-patient-pharmacist relationship in the course
5of professional practice or (2) for the purpose of, or
6incident to, research, teaching, or chemical analysis and not
7for sale or dispensing. "Compounding" includes the preparation
8of drugs or devices in anticipation of receiving prescription
9drug orders based on routine, regularly observed dispensing
10patterns. Commercially available products may be compounded
11for dispensing to individual patients only if both of the
12following conditions are met: (i) the commercial product is
13not reasonably available from normal distribution channels in
14a timely manner to meet the patient's needs and (ii) the
15prescribing practitioner has requested that the drug be
17    (e) "Control" means to add a drug or other substance, or
18immediate precursor, to a Schedule whether by transfer from
19another Schedule or otherwise.
20    (f) "Controlled Substance" means (i) a drug, substance,
21immediate precursor, or synthetic drug in the Schedules of
22Article II of this Act or (ii) a drug or other substance, or
23immediate precursor, designated as a controlled substance by
24the Department through administrative rule. The term does not
25include distilled spirits, wine, malt beverages, or tobacco,
26as those terms are defined or used in the Liquor Control Act of



10300SB0647sam002- 22 -LRB103 03100 RLC 71201 a

11934 and the Tobacco Products Tax Act of 1995.
2    (f-5) "Controlled substance analog" means a substance:
3        (1) the chemical structure of which is substantially
4    similar to the chemical structure of a controlled
5    substance in Schedule I or II;
6        (2) which has a stimulant, depressant, or
7    hallucinogenic effect on the central nervous system that
8    is substantially similar to or greater than the stimulant,
9    depressant, or hallucinogenic effect on the central
10    nervous system of a controlled substance in Schedule I or
11    II; or
12        (3) with respect to a particular person, which such
13    person represents or intends to have a stimulant,
14    depressant, or hallucinogenic effect on the central
15    nervous system that is substantially similar to or greater
16    than the stimulant, depressant, or hallucinogenic effect
17    on the central nervous system of a controlled substance in
18    Schedule I or II.
19    (g) "Counterfeit substance" means a controlled substance,
20which, or the container or labeling of which, without
21authorization bears the trademark, trade name, or other
22identifying mark, imprint, number or device, or any likeness
23thereof, of a manufacturer, distributor, or dispenser other
24than the person who in fact manufactured, distributed, or
25dispensed the substance.
26    (h) "Deliver" or "delivery" means the actual, constructive



10300SB0647sam002- 23 -LRB103 03100 RLC 71201 a

1or attempted transfer of possession of a controlled substance,
2with or without consideration, whether or not there is an
3agency relationship. "Deliver" or "delivery" does not include
4the donation of drugs to the extent permitted under the
5Illinois Drug Reuse Opportunity Program Act.
6    (i) "Department" means the Illinois Department of Human
7Services (as successor to the Department of Alcoholism and
8Substance Abuse) or its successor agency.
9    (j) (Blank).
10    (k) "Department of Corrections" means the Department of
11Corrections of the State of Illinois or its successor agency.
12    (l) "Department of Financial and Professional Regulation"
13means the Department of Financial and Professional Regulation
14of the State of Illinois or its successor agency.
15    (m) "Depressant" means any drug that (i) causes an overall
16depression of central nervous system functions, (ii) causes
17impaired consciousness and awareness, and (iii) can be
18habit-forming or lead to a substance misuse or substance use
19disorder abuse problem, including, but not limited to,
20alcohol, cannabis and its active principles and their analogs,
21benzodiazepines and their analogs, barbiturates and their
22analogs, opioids (natural and synthetic) and their analogs,
23and chloral hydrate and similar sedative hypnotics.
24    (n) (Blank).
25    (o) "Director" means the Director of the Illinois State
26Police or his or her designated agents.



10300SB0647sam002- 24 -LRB103 03100 RLC 71201 a

1    (p) "Dispense" means to deliver a controlled substance to
2an ultimate user or research subject by or pursuant to the
3lawful order of a prescriber, including the prescribing,
4administering, packaging, labeling, or compounding necessary
5to prepare the substance for that delivery.
6    (q) "Dispenser" means a practitioner who dispenses.
7    (r) "Distribute" means to deliver, other than by
8administering or dispensing, a controlled substance.
9    (s) "Distributor" means a person who distributes.
10    (t) "Drug" means (1) substances recognized as drugs in the
11official United States Pharmacopoeia, Official Homeopathic
12Pharmacopoeia of the United States, or official National
13Formulary, or any supplement to any of them; (2) substances
14intended for use in diagnosis, cure, mitigation, treatment, or
15prevention of disease in man or animals; (3) substances (other
16than food) intended to affect the structure of any function of
17the body of man or animals and (4) substances intended for use
18as a component of any article specified in clause (1), (2), or
19(3) of this subsection. It does not include devices or their
20components, parts, or accessories.
21    (t-3) "Electronic health record" or "EHR" means an
22electronic record of health-related information on an
23individual that is created, gathered, managed, and consulted
24by authorized health care clinicians and staff.
25    (t-3.5) "Electronic health record system" or "EHR system"
26means any computer-based system or combination of federally



10300SB0647sam002- 25 -LRB103 03100 RLC 71201 a

1certified Health IT Modules (defined at 42 CFR 170.102 or its
2successor) used as a repository for electronic health records
3and accessed or updated by a prescriber or authorized
4surrogate in the ordinary course of his or her medical
5practice. For purposes of connecting to the Prescription
6Information Library maintained by the Bureau of Pharmacy and
7Clinical Support Systems or its successor, an EHR system may
8connect to the Prescription Information Library directly or
9through all or part of a computer program or system that is a
10federally certified Health IT Module maintained by a third
11party and used by the EHR system to secure access to the
13    (t-4) "Emergency medical services personnel" has the
14meaning ascribed to it in the Emergency Medical Services (EMS)
15Systems Act.
16    (t-5) "Euthanasia agency" means an entity certified by the
17Department of Financial and Professional Regulation for the
18purpose of animal euthanasia that holds an animal control
19facility license or animal shelter license under the Animal
20Welfare Act. A euthanasia agency is authorized to purchase,
21store, possess, and utilize Schedule II nonnarcotic and
22Schedule III nonnarcotic drugs for the sole purpose of animal
24    (t-10) "Euthanasia drugs" means Schedule II or Schedule
25III substances (nonnarcotic controlled substances) that are
26used by a euthanasia agency for the purpose of animal



10300SB0647sam002- 26 -LRB103 03100 RLC 71201 a

2    (u) "Good faith" means the prescribing or dispensing of a
3controlled substance by a practitioner in the regular course
4of professional treatment to or for any person who is under his
5or her treatment for a pathology or condition other than that
6individual's physical or psychological dependence upon or
7addiction to a controlled substance, except as provided
8herein: and application of the term to a pharmacist shall mean
9the dispensing of a controlled substance pursuant to the
10prescriber's order which in the professional judgment of the
11pharmacist is lawful. The pharmacist shall be guided by
12accepted professional standards, including, but not limited
13to, the following, in making the judgment:
14        (1) lack of consistency of prescriber-patient
15    relationship,
16        (2) frequency of prescriptions for same drug by one
17    prescriber for large numbers of patients,
18        (3) quantities beyond those normally prescribed,
19        (4) unusual dosages (recognizing that there may be
20    clinical circumstances where more or less than the usual
21    dose may be used legitimately),
22        (5) unusual geographic distances between patient,
23    pharmacist and prescriber,
24        (6) consistent prescribing of habit-forming drugs.
25    (u-0.5) "Hallucinogen" means a drug that causes markedly
26altered sensory perception leading to hallucinations of any



10300SB0647sam002- 27 -LRB103 03100 RLC 71201 a

2    (u-1) "Home infusion services" means services provided by
3a pharmacy in compounding solutions for direct administration
4to a patient in a private residence, long-term care facility,
5or hospice setting by means of parenteral, intravenous,
6intramuscular, subcutaneous, or intraspinal infusion.
7    (u-5) "Illinois State Police" means the Illinois State
8Police or its successor agency.
9    (v) "Immediate precursor" means a substance:
10        (1) which the Department has found to be and by rule
11    designated as being a principal compound used, or produced
12    primarily for use, in the manufacture of a controlled
13    substance;
14        (2) which is an immediate chemical intermediary used
15    or likely to be used in the manufacture of such controlled
16    substance; and
17        (3) the control of which is necessary to prevent,
18    curtail or limit the manufacture of such controlled
19    substance.
20    (w) "Instructional activities" means the acts of teaching,
21educating or instructing by practitioners using controlled
22substances within educational facilities approved by the State
23Board of Education or its successor agency.
24    (x) "Local authorities" means a duly organized State,
25County or Municipal peace unit or police force.
26    (y) "Look-alike substance" means a substance, other than a



10300SB0647sam002- 28 -LRB103 03100 RLC 71201 a

1controlled substance which (1) by overall dosage unit
2appearance, including shape, color, size, markings or lack
3thereof, taste, consistency, or any other identifying physical
4characteristic of the substance, would lead a reasonable
5person to believe that the substance is a controlled
6substance, or (2) is expressly or impliedly represented to be
7a controlled substance or is distributed under circumstances
8which would lead a reasonable person to believe that the
9substance is a controlled substance. For the purpose of
10determining whether the representations made or the
11circumstances of the distribution would lead a reasonable
12person to believe the substance to be a controlled substance
13under this clause (2) of subsection (y), the court or other
14authority may consider the following factors in addition to
15any other factor that may be relevant:
16        (a) statements made by the owner or person in control
17    of the substance concerning its nature, use or effect;
18        (b) statements made to the buyer or recipient that the
19    substance may be resold for profit;
20        (c) whether the substance is packaged in a manner
21    normally used for the illegal distribution of controlled
22    substances;
23        (d) whether the distribution or attempted distribution
24    included an exchange of or demand for money or other
25    property as consideration, and whether the amount of the
26    consideration was substantially greater than the



10300SB0647sam002- 29 -LRB103 03100 RLC 71201 a

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



10300SB0647sam002- 30 -LRB103 03100 RLC 71201 a

1natural origin, or independently by means of chemical
2synthesis, or by a combination of extraction and chemical
3synthesis, and includes any packaging or repackaging of the
4substance or labeling of its container, except that this term
5does not include:
6        (1) by an ultimate user, the preparation or
7    compounding of a controlled substance for his or her own
8    use;
9        (2) by a practitioner, or his or her authorized agent
10    under his or her supervision, the preparation,
11    compounding, packaging, or labeling of a controlled
12    substance:
13            (a) as an incident to his or her administering or
14        dispensing of a controlled substance in the course of
15        his or her professional practice; or
16            (b) as an incident to lawful research, teaching or
17        chemical analysis and not for sale; or
18        (3) the packaging, repackaging, or labeling of drugs
19    only to the extent permitted under the Illinois Drug Reuse
20    Opportunity Program Act.
21    (z-1) (Blank).
22    (z-5) "Medication shopping" means the conduct prohibited
23under subsection (a) of Section 314.5 of this Act.
24    (z-10) "Mid-level practitioner" means (i) a physician
25assistant who has been delegated authority to prescribe
26through a written delegation of authority by a physician



10300SB0647sam002- 31 -LRB103 03100 RLC 71201 a

1licensed to practice medicine in all of its branches, in
2accordance with Section 7.5 of the Physician Assistant
3Practice Act of 1987, (ii) an advanced practice registered
4nurse who has been delegated authority to prescribe through a
5written delegation of authority by a physician licensed to
6practice medicine in all of its branches or by a podiatric
7physician, in accordance with Section 65-40 of the Nurse
8Practice Act, (iii) an advanced practice registered nurse
9certified as a nurse practitioner, nurse midwife, or clinical
10nurse specialist who has been granted authority to prescribe
11by a hospital affiliate in accordance with Section 65-45 of
12the Nurse Practice Act, (iv) an animal euthanasia agency, or
13(v) a prescribing psychologist.
14    (aa) "Narcotic drug" means any of the following, whether
15produced directly or indirectly by extraction from substances
16of vegetable origin, or independently by means of chemical
17synthesis, or by a combination of extraction and chemical
19        (1) opium, opiates, derivatives of opium and opiates,
20    including their isomers, esters, ethers, salts, and salts
21    of isomers, esters, and ethers, whenever the existence of
22    such isomers, esters, ethers, and salts is possible within
23    the specific chemical designation; however the term
24    "narcotic drug" does not include the isoquinoline
25    alkaloids of opium;
26        (2) (blank);



10300SB0647sam002- 32 -LRB103 03100 RLC 71201 a

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



10300SB0647sam002- 33 -LRB103 03100 RLC 71201 a

2    (ff) "Parole and Pardon Board" means the Parole and Pardon
3Board of the State of Illinois or its successor agency.
4    (gg) "Person" means any individual, corporation,
5mail-order pharmacy, government or governmental subdivision or
6agency, business trust, estate, trust, partnership or
7association, or any other entity.
8    (hh) "Pharmacist" means any person who holds a license or
9certificate of registration as a registered pharmacist, a
10local registered pharmacist or a registered assistant
11pharmacist under the Pharmacy Practice Act.
12    (ii) "Pharmacy" means any store, ship or other place in
13which pharmacy is authorized to be practiced under the
14Pharmacy Practice Act.
15    (ii-5) "Pharmacy shopping" means the conduct prohibited
16under subsection (b) of Section 314.5 of this Act.
17    (ii-10) "Physician" (except when the context otherwise
18requires) means a person licensed to practice medicine in all
19of its branches.
20    (jj) "Poppy straw" means all parts, except the seeds, of
21the opium poppy, after mowing.
22    (kk) "Practitioner" means a physician licensed to practice
23medicine in all its branches, dentist, optometrist, podiatric
24physician, veterinarian, scientific investigator, pharmacist,
25physician assistant, advanced practice registered nurse,
26licensed practical nurse, registered nurse, emergency medical



10300SB0647sam002- 34 -LRB103 03100 RLC 71201 a

1services personnel, hospital, laboratory, or pharmacy, or
2other person licensed, registered, or otherwise lawfully
3permitted by the United States or this State to distribute,
4dispense, conduct research with respect to, administer or use
5in teaching or chemical analysis, a controlled substance in
6the course of professional practice or research.
7    (ll) "Pre-printed prescription" means a written
8prescription upon which the designated drug has been indicated
9prior to the time of issuance; the term does not mean a written
10prescription that is individually generated by machine or
11computer in the prescriber's office.
12    (mm) "Prescriber" means a physician licensed to practice
13medicine in all its branches, dentist, optometrist,
14prescribing psychologist licensed under Section 4.2 of the
15Clinical Psychologist Licensing Act with prescriptive
16authority delegated under Section 4.3 of the Clinical
17Psychologist Licensing Act, podiatric physician, or
18veterinarian who issues a prescription, a physician assistant
19who issues a prescription for a controlled substance in
20accordance with Section 303.05, a written delegation, and a
21written collaborative agreement required under Section 7.5 of
22the Physician Assistant Practice Act of 1987, an advanced
23practice registered nurse with prescriptive authority
24delegated under Section 65-40 of the Nurse Practice Act and in
25accordance with Section 303.05, a written delegation, and a
26written collaborative agreement under Section 65-35 of the



10300SB0647sam002- 35 -LRB103 03100 RLC 71201 a

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



10300SB0647sam002- 36 -LRB103 03100 RLC 71201 a

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



10300SB0647sam002- 37 -LRB103 03100 RLC 71201 a

1    (qq-5) "Secretary" means, as the context requires, either
2the Secretary of the Department or the Secretary of the
3Department of Financial and Professional Regulation, and the
4Secretary's designated agents.
5    (rr) "State" includes the State of Illinois and any state,
6district, commonwealth, territory, insular possession thereof,
7and any area subject to the legal authority of the United
8States of America.
9    (rr-5) "Stimulant" means any drug that (i) causes an
10overall excitation of central nervous system functions, (ii)
11causes impaired consciousness and awareness, and (iii) can be
12habit-forming or lead to a substance use disorder abuse
13problem, including, but not limited to, amphetamines and their
14analogs, methylphenidate and its analogs, cocaine, and
15phencyclidine and its analogs.
16    (rr-10) "Synthetic drug" includes, but is not limited to,
17any synthetic cannabinoids or piperazines or any synthetic
18cathinones as provided for in Schedule I.
19    (ss) "Ultimate user" means a person who lawfully possesses
20a controlled substance for his or her own use or for the use of
21a member of his or her household or for administering to an
22animal owned by him or her or by a member of his or her
24(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
25102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)



10300SB0647sam002- 38 -LRB103 03100 RLC 71201 a

1    (720 ILCS 570/201)  (from Ch. 56 1/2, par. 1201)
2    Sec. 201. (a) The Department shall carry out the
3provisions of this Article. The Department or its successor
4agency may, by administrative rule, add additional substances
5to or delete or reschedule all controlled substances in the
6Schedules of Sections 204, 206, 208, 210 and 212 of this Act.
7In making a determination regarding the addition, deletion, or
8rescheduling of a substance, the Department shall consider the
10        (1) the actual or relative potential for misuse abuse;
11        (2) the scientific evidence of its pharmacological
12    effect, if known;
13        (3) the state of current scientific knowledge
14    regarding the substance;
15        (4) the history and current pattern of misuse abuse;
16        (5) the scope, duration, and significance of misuse
17    abuse;
18        (6) the risk to the public health;
19        (7) the potential of the substance to produce
20    psychological or physiological dependence or a substance
21    use disorder;
22        (8) whether the substance is an immediate precursor of
23    a substance already controlled under this Article;
24        (9) the immediate harmful effect in terms of
25    potentially fatal dosage; and
26        (10) the long-range effects in terms of permanent



10300SB0647sam002- 39 -LRB103 03100 RLC 71201 a

1    health impairment.
2    (b) (Blank).
3    (c) (Blank).
4    (d) If any substance is scheduled, rescheduled, or deleted
5as a controlled substance under Federal law and notice thereof
6is given to the Department, the Department shall similarly
7control the substance under this Act after the expiration of
830 days from publication in the Federal Register of a final
9order scheduling a substance as a controlled substance or
10rescheduling or deleting a substance, unless within that 30
11day period the Department objects, or a party adversely
12affected files with the Department substantial written
13objections objecting to inclusion, rescheduling, or deletion.
14In that case, the Department shall publish the reasons for
15objection or the substantial written objections and afford all
16interested parties an opportunity to be heard. At the
17conclusion of the hearing, the Department shall publish its
18decision, by means of a rule, which shall be final unless
19altered by statute. Upon publication of objections by the
20Department, similar control under this Act whether by
21inclusion, rescheduling or deletion is stayed until the
22Department publishes its ruling.
23    (e) (Blank).
24    (f) (Blank).
25    (g) Authority to control under this Section does not
26extend to distilled spirits, wine, malt beverages, or tobacco



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1as those terms are defined or used in the Liquor Control Act of
21934 and the Tobacco Products Tax Act of 1995.
3    (h) Persons registered with the Drug Enforcement
4Administration to manufacture or distribute controlled
5substances shall maintain adequate security and provide
6effective controls and procedures to guard against theft and
7diversion, but shall not otherwise be required to meet the
8physical security control requirements (such as cage or vault)
9for Schedule V controlled substances containing
10pseudoephedrine or Schedule II controlled substances
11containing dextromethorphan.
12(Source: P.A. 97-334, eff. 1-1-12; 98-756, eff. 7-16-14.)
13    (720 ILCS 570/203)  (from Ch. 56 1/2, par. 1203)
14    Sec. 203. The Department, taking into consideration the
15recommendations of its Prescription Monitoring Program
16Advisory Committee, may issue a rule scheduling a substance in
17Schedule I if it finds that:
18        (1) the substance has high potential for misuse abuse;
19    and
20        (2) the substance has no currently accepted medical
21    use in treatment in the United States or lacks accepted
22    safety for use in treatment under medical supervision.
23(Source: P.A. 97-334, eff. 1-1-12.)
24    (720 ILCS 570/205)  (from Ch. 56 1/2, par. 1205)



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1    Sec. 205. The Department, taking into consideration the
2recommendations of its Prescription Monitoring Program
3Advisory Committee, may issue a rule scheduling a substance in
4Schedule II if it finds that:
5        (1) the substance has high potential for misuse abuse;
6        (2) the substance has currently accepted medical use
7    in treatment in the United States, or currently accepted
8    medical use with severe restrictions; and
9        (3) the misuse abuse of the substance may lead to
10    severe psychological or physiological dependence.
11(Source: P.A. 97-334, eff. 1-1-12.)
12    (720 ILCS 570/207)  (from Ch. 56 1/2, par. 1207)
13    Sec. 207. The Department, taking into consideration the
14recommendations of its Prescription Monitoring Program
15Advisory Committee, may issue a rule scheduling a substance in
16Schedule III if it finds that:
17        (1) the substance has a potential for misuse abuse
18    less than the substances listed in Schedule I and II;
19        (2) the substance has currently accepted medical use
20    in treatment in the United States; and
21        (3) misuse abuse of the substance may lead to moderate
22    or low physiological dependence or high psychological
23    dependence.
24(Source: P.A. 97-334, eff. 1-1-12.)



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1    (720 ILCS 570/208)  (from Ch. 56 1/2, par. 1208)
2    Sec. 208. (a) The controlled substances listed in this
3Section are included in Schedule III.
4    (b) Unless specifically excepted or unless listed in
5another schedule, any material, compound, mixture, or
6preparation which contains any quantity of the following
7substances having a stimulant effect on the central nervous
8system, including its salts, isomers (whether optical
9position, or geometric), and salts of such isomers whenever
10the existence of such salts, isomers, and salts of isomers is
11possible within the specific chemical designation;
12        (1) Those compounds, mixtures, or preparations in
13    dosage unit form containing any stimulant substances
14    listed in Schedule II which compounds, mixtures, or
15    preparations were listed on August 25, 1971, as excepted
16    compounds under Title 21, Code of Federal Regulations,
17    Section 308.32, and any other drug of the quantitative
18    composition shown in that list for those drugs or which is
19    the same except that it contains a lesser quantity of
20    controlled substances;
21        (2) Benzphetamine;
22        (3) Chlorphentermine;
23        (4) Clortermine;
24        (5) Phendimetrazine.
25    (c) Unless specifically excepted or unless listed in
26another schedule, any material, compound, mixture, or



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1preparation which contains any quantity of the following
2substances having a potential for misuse abuse associated with
3a depressant effect on the central nervous system:
4        (1) Any compound, mixture, or preparation containing
5    amobarbital, secobarbital, pentobarbital or any salt
6    thereof and one or more other active medicinal ingredients
7    which are not listed in any schedule;
8        (2) Any suppository dosage form containing
9    amobarbital, secobarbital, pentobarbital or any salt of
10    any of these drugs and approved by the Federal Food and
11    Drug Administration for marketing only as a suppository;
12        (3) Any substance which contains any quantity of a
13    derivative of barbituric acid, or any salt thereof:
14        (3.1) Aprobarbital;
15        (3.2) Butabarbital (secbutabarbital);
16        (3.3) Butalbital;
17        (3.4) Butobarbital (butethal);
18        (4) Chlorhexadol;
19        (5) Methyprylon;
20        (6) Sulfondiethylmethane;
21        (7) Sulfonethylmethane;
22        (8) Sulfonmethane;
23        (9) Lysergic acid;
24        (10) Lysergic acid amide;
25        (10.1) Tiletamine or zolazepam or both, or any salt of
26    either of them.



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1    Some trade or other names for a tiletamine-zolazepam
2    combination product: Telazol.
3    Some trade or other names for Tiletamine:
4    2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
5    Some trade or other names for zolazepam:
6    4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
7    [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
8        (11) Any material, compound, mixture or preparation
9    containing not more than 12.5 milligrams of pentazocine or
10    any of its salts, per 325 milligrams of aspirin;
11        (12) Any material, compound, mixture or preparation
12    containing not more than 12.5 milligrams of pentazocine or
13    any of its salts, per 325 milligrams of acetaminophen;
14        (13) Any material, compound, mixture or preparation
15    containing not more than 50 milligrams of pentazocine or
16    any of its salts plus naloxone HCl USP 0.5 milligrams, per
17    dosage unit;
18        (14) Ketamine;
19        (15) Thiopental.
20    (d) Nalorphine.
21    (d.5) Buprenorphine.
22    (e) Unless specifically excepted or unless listed in
23another schedule, any material, compound, mixture, or
24preparation containing limited quantities of any of the
25following narcotic drugs, or their salts calculated as the
26free anhydrous base or alkaloid, as set forth below:



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1        (1) not more than 1.8 grams of codeine per 100
2    milliliters or not more than 90 milligrams per dosage
3    unit, with an equal or greater quantity of an isoquinoline
4    alkaloid of opium;
5        (2) not more than 1.8 grams of codeine per 100
6    milliliters or not more than 90 milligrams per dosage
7    unit, with one or more active non-narcotic ingredients in
8    recognized therapeutic amounts;
9        (3) (blank);
10        (4) (blank);
11        (5) not more than 1.8 grams of dihydrocodeine per 100
12    milliliters or not more than 90 milligrams per dosage
13    unit, with one or more active, non-narcotic ingredients in
14    recognized therapeutic amounts;
15        (6) not more than 300 milligrams of ethylmorphine per
16    100 milliliters or not more than 15 milligrams per dosage
17    unit, with one or more active, non-narcotic ingredients in
18    recognized therapeutic amounts;
19        (7) not more than 500 milligrams of opium per 100
20    milliliters or per 100 grams, or not more than 25
21    milligrams per dosage unit, with one or more active,
22    non-narcotic ingredients in recognized therapeutic
23    amounts;
24        (8) not more than 50 milligrams of morphine per 100
25    milliliters or per 100 grams with one or more active,
26    non-narcotic ingredients in recognized therapeutic



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1    amounts.
2    (f) Anabolic steroids, except the following anabolic
3steroids that are exempt:
4        (1) Androgyn L.A.;
5        (2) Andro-Estro 90-4;
6        (3) depANDROGYN;
7        (4) DEPO-T.E.;
8        (5) depTESTROGEN;
9        (6) Duomone;
10        (7) DURATESTRIN;
11        (8) DUO-SPAN II;
12        (9) Estratest;
13        (10) Estratest H.S.;
14        (11) PAN ESTRA TEST;
15        (12) Premarin with Methyltestosterone;
16        (13) TEST-ESTRO Cypionates;
17        (14) Testosterone Cyp 50 Estradiol Cyp 2;
18        (15) Testosterone Cypionate-Estradiol Cypionate
19    injection; and
20        (16) Testosterone Enanthate-Estradiol Valerate
21    injection.
22    (g) Hallucinogenic substances.
23        (1) Dronabinol (synthetic) in sesame oil and
24    encapsulated in a soft gelatin capsule in a U.S. Food and
25    Drug Administration approved product. Some other names for
26    dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-



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1    6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or
2    (-)-delta-9-(trans)-tetrahydrocannabinol.
3        (2) (Reserved).
4    (h) The Department may except by rule any compound,
5mixture, or preparation containing any stimulant or depressant
6substance listed in subsection (b) from the application of all
7or any part of this Act if the compound, mixture, or
8preparation contains one or more active medicinal ingredients
9not having a stimulant or depressant effect on the central
10nervous system, and if the admixtures are included therein in
11combinations, quantity, proportion, or concentration that
12vitiate the potential for misuse abuse of the substances which
13have a stimulant or depressant effect on the central nervous
15(Source: P.A. 100-368, eff. 1-1-18.)
16    (720 ILCS 570/209)  (from Ch. 56 1/2, par. 1209)
17    Sec. 209. The Department, taking into consideration the
18recommendations of its Prescription Monitoring Program
19Advisory Committee, may issue a rule scheduling a substance in
20Schedule IV if it finds that:
21        (1) the substance has a low potential for misuse abuse
22    relative to substances in Schedule III;
23        (2) the substance has currently accepted medical use
24    in treatment in the United States; and
25        (3) misuse abuse of the substance may lead to limited



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1    physiological dependence or psychological dependence
2    relative to the substances in Schedule III.
3(Source: P.A. 97-334, eff. 1-1-12.)
4    (720 ILCS 570/210)  (from Ch. 56 1/2, par. 1210)
5    Sec. 210. (a) The controlled substances listed in this
6Section are included in Schedule IV.
7    (b) Unless specifically excepted or unless listed in
8another schedule, any material, compound, mixture, or
9preparation containing limited quantities of any of the
10following narcotic drugs, or their salts calculated as the
11free anhydrous base or alkaloid, as set forth below:
12        (1) Not more than 1 milligram of difenoxin (DEA Drug
13    Code No. 9618) and not less than 25 micrograms of atropine
14    sulfate per dosage unit.
15        (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
16    2-diphenyl-3-methyl-2-propionoxybutane).
17    (c) Unless specifically excepted or unless listed in
18another schedule, any material, compound, mixture, or
19preparation which contains any quantity of the following
20substances having a potential for misuse abuse associated with
21a depressant effect on the central nervous system:
22        (1) Alprazolam;
23        (2) Barbital;
24        (2.1) Bromazepam;
25        (2.2) Camazepam;



10300SB0647sam002- 49 -LRB103 03100 RLC 71201 a

1        (2.3) Carisoprodol;
2        (3) Chloral Betaine;
3        (4) Chloral Hydrate;
4        (5) Chlordiazepoxide;
5        (5.1) Clobazam;
6        (6) Clonazepam;
7        (7) Clorazepate;
8        (7.1) Clotiazepam;
9        (7.2) Cloxazolam;
10        (7.3) Delorazepam;
11        (8) Diazepam;
12        (8.05) Dichloralphenazone;
13        (8.1) Estazolam;
14        (9) Ethchlorvynol;
15        (10) Ethinamate;
16        (10.1) Ethyl loflazepate;
17        (10.2) Fludiazepam;
18        (10.3) Flunitrazepam;
19        (11) Flurazepam;
20        (11.1) Fospropofol;
21        (12) Halazepam;
22        (12.1) Haloxazolam;
23        (12.2) Ketazolam;
24        (12.3) Loprazolam;
25        (13) Lorazepam;
26        (13.1) Lormetazepam;



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1        (14) Mebutamate;
2        (14.1) Medazepam;
3        (15) Meprobamate;
4        (16) Methohexital;
5        (17) Methylphenobarbital (Mephobarbital);
6        (17.1) Midazolam;
7        (17.2) Nimetazepam;
8        (17.3) Nitrazepam;
9        (17.4) Nordiazepam;
10        (18) Oxazepam;
11        (18.1) Oxazolam;
12        (19) Paraldehyde;
13        (20) Petrichloral;
14        (21) Phenobarbital;
15        (21.1) Pinazepam;
16        (22) Prazepam;
17        (22.1) Quazepam;
18        (23) Temazepam;
19        (23.1) Tetrazepam;
20        (23.2) Tramadol;
21        (24) Triazolam;
22        (24.5) Zaleplon;
23        (25) Zolpidem;
24        (26) Zopiclone.
25    (d) Any material, compound, mixture, or preparation which
26contains any quantity of the following substances, including



10300SB0647sam002- 51 -LRB103 03100 RLC 71201 a

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



10300SB0647sam002- 52 -LRB103 03100 RLC 71201 a

1unless listed in another schedule, any material, compound,
2mixture, or preparation that contains any quantity of the
3following substance, including its salts:
4        (1) Butorphanol (including its optical isomers).
5    (g) The Department may except by rule any compound,
6mixture, or preparation containing any depressant substance
7listed in subsection (b) from the application of all or any
8part of this Act if the compound, mixture, or preparation
9contains one or more active medicinal ingredients not having a
10depressant effect on the central nervous system, and if the
11admixtures are included therein in combinations, quantity,
12proportion, or concentration that vitiate the potential for
13misuse abuse of the substances which have a depressant effect
14on the central nervous system.
15    (h) Except as otherwise provided in Section 216, any
16material, compound, mixture, or preparation that contains any
17quantity of the following substance having a stimulant effect
18on the central nervous system, including its salts,
19enantiomers (optical isomers) and salts of enantiomers
20(optical isomers):
21        (1) Ephedrine, its salts, optical isomers and salts of
22    optical isomers.
23(Source: P.A. 97-334, eff. 1-1-12.)
24    (720 ILCS 570/211)  (from Ch. 56 1/2, par. 1211)
25    Sec. 211. The Department, taking into consideration the



10300SB0647sam002- 53 -LRB103 03100 RLC 71201 a

1recommendations of its Prescription Monitoring Program
2Advisory Committee, may issue a rule scheduling a substance in
3Schedule V if it finds that:
4        (1) the substance has low potential for misuse abuse
5    relative to the controlled substances listed in Schedule
6    IV;
7        (2) the substance has currently accepted medical use
8    in treatment in the United States; and
9        (3) misuse abuse of the substance may lead to limited
10    physiological dependence or psychological dependence
11    relative to the substances in Schedule IV, or the
12    substance is a targeted methamphetamine precursor as
13    defined in the Methamphetamine Precursor Control Act.
14(Source: P.A. 97-334, eff. 1-1-12.)
15    (720 ILCS 570/216)
16    Sec. 216. Ephedrine.
17    (a) The following drug products containing ephedrine, its
18salts, optical isomers and salts of optical isomers shall be
19exempt from the application of Sections 312 and 313 of this Act
20if they: (i) may lawfully be sold over-the-counter without a
21prescription under the Federal Food, Drug, and Cosmetic Act;
22(ii) are labeled and marketed in a manner consistent with
23Section 341.76 of Title 21 of the Code of Federal Regulations;
24(iii) are manufactured and distributed for legitimate
25medicinal use in a manner that reduces or eliminates the



10300SB0647sam002- 54 -LRB103 03100 RLC 71201 a

1likelihood of abuse; and (iv) are not marketed, advertised, or
2labeled for the indications of stimulation, mental alertness,
3weight loss, muscle enhancement, appetite control, or energy:
4        (1) Solid oral dosage forms, including soft gelatin
5    caplets, which are formulated pursuant to 21 CFR 341 or
6    its successor, and packaged in blister packs of not more
7    than 2 tablets per blister.
8        (2) Anorectal preparations containing not more than 5%
9    ephedrine.
10    (b) The marketing, advertising, or labeling of any product
11containing ephedrine, a salt of ephedrine, an optical isomer
12of ephedrine, or a salt of an optical isomer of ephedrine, for
13the indications of stimulation, mental alertness, weight loss,
14appetite control, or energy, is prohibited. In determining
15compliance with this requirement the Department may consider
16the following factors:
17        (1) The packaging of the drug product;
18        (2) The name and labeling of the product;
19        (3) The manner of distribution, advertising, and
20    promotion of the product;
21        (4) Verbal representations made concerning the
22    product;
23        (5) The duration, scope, and significance of abuse or
24    misuse of the particular product.
25    (c) A violation of this Section is a Class A misdemeanor. A
26second or subsequent violation of this Section is a Class 4



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2    (d) This Section does not apply to dietary supplements,
3herbs, or other natural products, including concentrates or
4extracts, which:
5        (1) are not otherwise prohibited by law; and
6        (2) may contain naturally occurring ephedrine,
7    ephedrine alkaloids, or pseudoephedrine, or their salts,
8    isomers, or salts of isomers, or a combination of these
9    substances, that:
10            (i) are contained in a matrix of organic material;
11        and
12            (ii) do not exceed 15% of the total weight of the
13        natural product.
14    (e) Nothing in this Section limits the scope or terms of
15the Methamphetamine Precursor Control Act.
16(Source: P.A. 94-694, eff. 1-15-06.)
17    (720 ILCS 570/312)  (from Ch. 56 1/2, par. 1312)
18    Sec. 312. Requirements for dispensing controlled
20    (a) A practitioner, in good faith, may dispense a Schedule
21II controlled substance, which is a narcotic drug listed in
22Section 206 of this Act; or which contains any quantity of
23amphetamine or methamphetamine, their salts, optical isomers
24or salts of optical isomers; phenmetrazine and its salts; or
25pentazocine; and Schedule III, IV, or V controlled substances



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1to any person upon a written or electronic prescription of any
2prescriber, dated and signed by the person prescribing (or
3electronically validated in compliance with Section 311.5) on
4the day when issued and bearing the name and address of the
5patient for whom, or the owner of the animal for which the
6controlled substance is dispensed, and the full name, address
7and registry number under the laws of the United States
8relating to controlled substances of the prescriber, if he or
9she is required by those laws to be registered. If the
10prescription is for an animal it shall state the species of
11animal for which it is ordered. The practitioner filling the
12prescription shall, unless otherwise permitted, write the date
13of filling and his or her own signature on the face of the
14written prescription or, alternatively, shall indicate such
15filling using a unique identifier as defined in paragraph (v)
16of Section 3 of the Pharmacy Practice Act. The written
17prescription shall be retained on file by the practitioner who
18filled it or pharmacy in which the prescription was filled for
19a period of 2 years, so as to be readily accessible for
20inspection or removal by any officer or employee engaged in
21the enforcement of this Act. Whenever the practitioner's or
22pharmacy's copy of any prescription is removed by an officer
23or employee engaged in the enforcement of this Act, for the
24purpose of investigation or as evidence, such officer or
25employee shall give to the practitioner or pharmacy a receipt
26in lieu thereof. If the specific prescription is machine or



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1computer generated and printed at the prescriber's office, the
2date does not need to be handwritten. A prescription for a
3Schedule II controlled substance shall not be issued for more
4than a 30 day supply, except as provided in subsection (a-5),
5and shall be valid for up to 90 days after the date of
6issuance. A written prescription for Schedule III, IV or V
7controlled substances shall not be filled or refilled more
8than 6 months after the date thereof or refilled more than 5
9times unless renewed, in writing, by the prescriber. A
10pharmacy shall maintain a policy regarding the type of
11identification necessary, if any, to receive a prescription in
12accordance with State and federal law. The pharmacy must post
13such information where prescriptions are filled.
14    (a-5) Physicians may issue multiple prescriptions (3
15sequential 30-day supplies) for the same Schedule II
16controlled substance, authorizing up to a 90-day supply.
17Before authorizing a 90-day supply of a Schedule II controlled
18substance, the physician must meet the following conditions:
19        (1) Each separate prescription must be issued for a
20    legitimate medical purpose by an individual physician
21    acting in the usual course of professional practice.
22        (2) The individual physician must provide written
23    instructions on each prescription (other than the first
24    prescription, if the prescribing physician intends for the
25    prescription to be filled immediately) indicating the
26    earliest date on which a pharmacy may fill that



10300SB0647sam002- 58 -LRB103 03100 RLC 71201 a

1    prescription.
2        (3) The physician shall document in the medical record
3    of a patient the medical necessity for the amount and
4    duration of the 3 sequential 30-day prescriptions for
5    Schedule II narcotics.
6    (a-10) Prescribers who issue a prescription for an opioid
7shall inform the patient that opioids are addictive and that
8opioid antagonists are available by prescription or from a
10    (b) In lieu of a written prescription required by this
11Section, a pharmacist, in good faith, may dispense Schedule
12III, IV, or V substances to any person either upon receiving a
13facsimile of a written, signed prescription transmitted by the
14prescriber or the prescriber's agent or upon a lawful oral
15prescription of a prescriber which oral prescription shall be
16reduced promptly to writing by the pharmacist and such written
17memorandum thereof shall be dated on the day when such oral
18prescription is received by the pharmacist and shall bear the
19full name and address of the ultimate user for whom, or of the
20owner of the animal for which the controlled substance is
21dispensed, and the full name, address, and registry number
22under the law of the United States relating to controlled
23substances of the prescriber prescribing if he or she is
24required by those laws to be so registered, and the pharmacist
25filling such oral prescription shall write the date of filling
26and his or her own signature on the face of such written



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1memorandum thereof. The facsimile copy of the prescription or
2written memorandum of the oral prescription shall be retained
3on file by the proprietor of the pharmacy in which it is filled
4for a period of not less than two years, so as to be readily
5accessible for inspection by any officer or employee engaged
6in the enforcement of this Act in the same manner as a written
7prescription. The facsimile copy of the prescription or oral
8prescription and the written memorandum thereof shall not be
9filled or refilled more than 6 months after the date thereof or
10be refilled more than 5 times, unless renewed, in writing, by
11the prescriber.
12    (c) Except for any non-prescription targeted
13methamphetamine precursor regulated by the Methamphetamine
14Precursor Control Act, a controlled substance included in
15Schedule V shall not be distributed or dispensed other than
16for a medical purpose and not for the purpose of evading this
17Act, and then:
18        (1) only personally by a person registered to dispense
19    a Schedule V controlled substance and then only to his or
20    her patients, or
21        (2) only personally by a pharmacist, and then only to
22    a person over 21 years of age who has identified himself or
23    herself to the pharmacist by means of 2 positive documents
24    of identification.
25    The dispenser shall record the name and address of the
26purchaser, the name and quantity of the product, the date and



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1time of the sale, and the dispenser's signature.
2    No person shall purchase or be dispensed more than 120
3milliliters or more than 120 grams of any Schedule V substance
4which contains codeine, dihydrocodeine, or any salts thereof,
5or ethylmorphine, or any salts thereof, in any 96-hour period.
6The purchaser shall sign a form, approved by the Department of
7Financial and Professional Regulation, attesting that he or
8she has not purchased any Schedule V controlled substances
9within the immediately preceding 96 hours.
10    All records of purchases and sales shall be maintained for
11not less than 2 years.
12    No person shall obtain or attempt to obtain within any
13consecutive 96-hour period any Schedule V substances of more
14than 120 milliliters or more than 120 grams containing
15codeine, dihydrocodeine or any of its salts, or ethylmorphine
16or any of its salts. Any person obtaining any such
17preparations or combination of preparations in excess of this
18limitation shall be in unlawful possession of such controlled
20    A person qualified to dispense controlled substances under
21this Act and registered thereunder shall at no time maintain
22or keep in stock a quantity of Schedule V controlled
23substances in excess of 4.5 liters for each substance; a
24pharmacy shall at no time maintain or keep in stock a quantity
25of Schedule V controlled substances as defined in excess of
264.5 liters for each substance, plus the additional quantity of



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1controlled substances necessary to fill the largest number of
2prescription orders filled by that pharmacy for such
3controlled substances in any one week in the previous year.
4These limitations shall not apply to Schedule V controlled
5substances which Federal law prohibits from being dispensed
6without a prescription.
7    No person shall distribute or dispense butyl nitrite for
8inhalation or other introduction into the human body for
9euphoric or physical effect.
10    (d) Every practitioner shall keep a record or log of
11controlled substances received by him or her and a record of
12all such controlled substances administered, dispensed or
13professionally used by him or her otherwise than by
14prescription. It shall, however, be sufficient compliance with
15this paragraph if any practitioner utilizing controlled
16substances listed in Schedules III, IV and V shall keep a
17record of all those substances dispensed and distributed by
18him or her other than those controlled substances which are
19administered by the direct application of a controlled
20substance, whether by injection, inhalation, ingestion, or any
21other means to the body of a patient or research subject. A
22practitioner who dispenses, other than by administering, a
23controlled substance in Schedule II, which is a narcotic drug
24listed in Section 206 of this Act, or which contains any
25quantity of amphetamine or methamphetamine, their salts,
26optical isomers or salts of optical isomers, pentazocine, or



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1methaqualone shall do so only upon the issuance of a written
2prescription blank or electronic prescription issued by a
4    (e) Whenever a manufacturer distributes a controlled
5substance in a package prepared by him or her, and whenever a
6wholesale distributor distributes a controlled substance in a
7package prepared by him or her or the manufacturer, he or she
8shall securely affix to each package in which that substance
9is contained a label showing in legible English the name and
10address of the manufacturer, the distributor and the quantity,
11kind and form of controlled substance contained therein. No
12person except a pharmacist and only for the purposes of
13filling a prescription under this Act, shall alter, deface or
14remove any label so affixed.
15    (f) Whenever a practitioner dispenses any controlled
16substance except a non-prescription Schedule V product or a
17non-prescription targeted methamphetamine precursor regulated
18by the Methamphetamine Precursor Control Act, he or she shall
19affix to the container in which such substance is sold or
20dispensed, a label indicating the date of initial filling, the
21practitioner's name and address, the name of the patient, the
22name of the prescriber, the directions for use and cautionary
23statements, if any, contained in any prescription or required
24by law, the proprietary name or names or the established name
25of the controlled substance, and the dosage and quantity,
26except as otherwise authorized by regulation by the Department



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1of Financial and Professional Regulation. No person shall
2alter, deface or remove any label so affixed as long as the
3specific medication remains in the container.
4    (g) A person to whom or for whose use any controlled
5substance has been prescribed or dispensed by a practitioner,
6or other persons authorized under this Act, and the owner of
7any animal for which such substance has been prescribed or
8dispensed by a veterinarian, may lawfully possess such
9substance only in the container in which it was delivered to
10him or her by the person dispensing such substance.
11    (h) The responsibility for the proper prescribing or
12dispensing of controlled substances that are under the
13prescriber's direct control is upon the prescriber. The
14responsibility for the proper filling of a prescription for
15controlled substance drugs rests with the pharmacist. An order
16purporting to be a prescription issued to any individual,
17which is not in the regular course of professional treatment
18nor part of an authorized methadone maintenance program, nor
19in legitimate and authorized research instituted by any
20accredited hospital, educational institution, charitable
21foundation, or federal, state or local governmental agency,
22and which is intended to provide that individual with
23controlled substances sufficient to maintain that individual's
24or any other individual's physical or psychological addiction,
25habitual or customary use, dependence, or diversion of that
26controlled substance is not a prescription within the meaning



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1and intent of this Act; and the person issuing it, shall be
2subject to the penalties provided for violations of the law
3relating to controlled substances.
4    (i) A prescriber shall not pre-print or cause to be
5pre-printed a prescription for any controlled substance; nor
6shall any practitioner issue, fill or cause to be issued or
7filled, a pre-printed prescription for any controlled
9    (i-5) A prescriber may use a machine or electronic device
10to individually generate a printed prescription, but the
11prescriber is still required to affix his or her manual
13    (j) No person shall manufacture, dispense, deliver,
14possess with intent to deliver, prescribe, or administer or
15cause to be administered under his or her direction any
16anabolic steroid, for any use in humans other than the
17treatment of disease in accordance with the order of a
18physician licensed to practice medicine in all its branches
19for a valid medical purpose in the course of professional
20practice. The use of anabolic steroids for the purpose of
21hormonal manipulation that is intended to increase muscle
22mass, strength or weight without a medical necessity to do so,
23or for the intended purpose of improving physical appearance
24or performance in any form of exercise, sport, or game, is not
25a valid medical purpose or in the course of professional



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1    (k) Controlled substances may be mailed if all of the
2following conditions are met:
3        (1) The controlled substances are not outwardly
4    dangerous and are not likely, of their own force, to cause
5    injury to a person's life or health.
6        (2) The inner container of a parcel containing
7    controlled substances must be marked and sealed as
8    required under this Act and its rules, and be placed in a
9    plain outer container or securely wrapped in plain paper.
10        (3) If the controlled substances consist of
11    prescription medicines, the inner container must be
12    labeled to show the name and address of the pharmacy or
13    practitioner dispensing the prescription.
14        (4) The outside wrapper or container must be free of
15    markings that would indicate the nature of the contents.
16    (l) Notwithstanding any other provision of this Act to the
17contrary, emergency medical services personnel may administer
18Schedule II, III, IV, or V controlled substances to a person in
19the scope of their employment without a written, electronic,
20or oral prescription of a prescriber.
21(Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23.)
22    (720 ILCS 570/313)  (from Ch. 56 1/2, par. 1313)
23    Sec. 313. (a) Controlled substances which are lawfully
24administered in hospitals or institutions licensed under the
25Hospital Licensing Act shall be exempt from the requirements



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1of Sections 312, 315.6, and 316, except that the prescription
2for the controlled substance shall be in writing on the
3patient's record, signed by the prescriber, and dated, and
4shall state the name and quantity of controlled substances
5ordered and the quantity actually administered. The records of
6such prescriptions shall be maintained for two years and shall
7be available for inspection by officers and employees of the
8Illinois State Police and the Department of Financial and
9Professional Regulation.
10    The exemption under this subsection (a) does not apply to
11a prescription (including an outpatient prescription from an
12emergency department or outpatient clinic) for more than a
1372-hour supply of a discharge medication to be consumed
14outside of the hospital or institution.
15    (b) Controlled substances that can lawfully be
16administered or dispensed directly to a patient in a long-term
17care facility licensed by the Department of Public Health as a
18skilled nursing facility, intermediate care facility, or
19long-term care facility for residents under 22 years of age,
20are exempt from the requirements of Section 312 except that a
21prescription for a Schedule II controlled substance must be
22either a prescription signed by the prescriber or a
23prescription transmitted by the prescriber or prescriber's
24agent to the dispensing pharmacy by facsimile. The facsimile
25serves as the original prescription and must be maintained for
262 years from the date of issue in the same manner as a written



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1prescription signed by the prescriber.
2    (c) A prescription that is generated for a Schedule II
3controlled substance to be compounded for direct
4administration to a patient in a private residence, long-term
5care facility, or hospice program may be transmitted by
6facsimile by the prescriber or the prescriber's agent to the
7pharmacy providing the home infusion services. The facsimile
8serves as the original prescription for purposes of this
9paragraph (c) and it shall be maintained in the same manner as
10the original prescription.
11    (c-1) A prescription generated for a Schedule II
12controlled substance for a patient residing in a hospice
13certified by Medicare under Title XVIII of the Social Security
14Act or licensed by the State may be transmitted by the
15practitioner or the practitioner's agent to the dispensing
16pharmacy by facsimile or electronically as provided in Section
17311.5. The practitioner or practitioner's agent must note on
18the prescription that the patient is a hospice patient. The
19facsimile or electronic record serves as the original
20prescription for purposes of this paragraph (c-1) and it shall
21be maintained in the same manner as the original prescription.
22    (d) Controlled substances which are lawfully administered
23and/or dispensed in substance use disorder drug abuse
24treatment programs licensed by the Department shall be exempt
25from the requirements of Sections 312 and 316, except that the
26prescription for such controlled substances shall be issued



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1and authenticated on official prescription logs prepared and
2maintained in accordance with 77 Ill. Adm. Code 2060:
3Alcoholism and Substance Abuse Treatment and Intervention
4Licenses, and in compliance with other applicable State and
5federal laws. The Department-licensed drug treatment program
6shall report applicable prescriptions via electronic record
7keeping software approved by the Department. This software
8must be compatible with the specifications of the Department.
9Substance use disorder Drug abuse treatment programs shall
10report to the Department methadone prescriptions or
11medications dispensed through the use of Department-approved
12File Transfer Protocols (FTPs). Methadone prescription records
13must be maintained in accordance with the applicable
14requirements as set forth by the Department in accordance with
1577 Ill. Adm. Code 2060: Alcoholism and Substance Abuse
16Treatment and Intervention Licenses, and in compliance with
17other applicable State and federal laws.
18    (e) Nothing in this Act shall be construed to limit the
19authority of a hospital pursuant to Section 65-45 of the Nurse
20Practice Act to grant hospital clinical privileges to an
21individual advanced practice registered nurse to select, order
22or administer medications, including controlled substances to
23provide services within a hospital. Nothing in this Act shall
24be construed to limit the authority of an ambulatory surgical
25treatment center pursuant to Section 65-45 of the Nurse
26Practice Act to grant ambulatory surgical treatment center



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1clinical privileges to an individual advanced practice
2registered nurse to select, order or administer medications,
3including controlled substances to provide services within an
4ambulatory surgical treatment center.
5(Source: P.A. 102-608, eff. 8-27-21.)
6    (720 ILCS 570/318)
7    Sec. 318. Confidentiality of information.
8    (a) Information received by the central repository under
9Section 316 and former Section 321 is confidential.
10    (a-1) To ensure the federal Health Insurance Portability
11and Accountability Act and confidentiality of substance use
12disorder patient records rules that mandate the privacy of an
13individual's prescription data reported to the Prescription
14Monitoring Program received from a retail dispenser under this
15Act, and in order to execute the duties and responsibilities
16under Section 316 of this Act and rules for disclosure under
17this Section, the Clinical Director of the Prescription
18Monitoring Program or his or her designee shall maintain
19direct access to all Prescription Monitoring Program data. Any
20request for Prescription Monitoring Program data from any
21other department or agency must be approved in writing by the
22Clinical Director of the Prescription Monitoring Program or
23his or her designee unless otherwise permitted by law.
24Prescription Monitoring Program data shall only be disclosed
25as permitted by law.



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1    (a-2) As an active step to address the current opioid
2crisis in this State and to prevent and reduce substance use
3disorders addiction resulting from a sports injury or an
4accident, the Prescription Monitoring Program and the
5Department of Public Health shall coordinate a continuous
6review of the Prescription Monitoring Program and the
7Department of Public Health data to determine if a patient may
8be at risk of opioid use disorder addiction. Each patient
9discharged from any medical facility with an International
10Classification of Disease, 10th edition code related to a
11sport or accident injury shall be subject to the data review.
12If the discharged patient is dispensed a controlled substance,
13the Prescription Monitoring Program shall alert the patient's
14prescriber as to the addiction risk of developing a substance
15use disorder and urge each to follow the Centers for Disease
16Control and Prevention guidelines or his or her respective
17profession's treatment guidelines related to the patient's
18injury. This subsection (a-2), other than this sentence, is
19inoperative on or after January 1, 2024.
20    (b) The Department must carry out a program to protect the
21confidentiality of the information described in subsection
22(a). The Department may disclose the information to another
23person only under subsection (c), (d), or (f) and may charge a
24fee not to exceed the actual cost of furnishing the
26    (c) The Department may disclose confidential information



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1described in subsection (a) to any person who is engaged in
2receiving, processing, or storing the information.
3    (d) The Department may release confidential information
4described in subsection (a) to the following persons:
5        (1) A governing body that licenses practitioners and
6    is engaged in an investigation, an adjudication, or a
7    prosecution of a violation under any State or federal law
8    that involves a controlled substance.
9        (2) An investigator for the Consumer Protection
10    Division of the office of the Attorney General, a
11    prosecuting attorney, the Attorney General, a deputy
12    Attorney General, or an investigator from the office of
13    the Attorney General, who is engaged in any of the
14    following activities involving controlled substances:
15            (A) an investigation;
16            (B) an adjudication; or
17            (C) a prosecution of a violation under any State
18        or federal law that involves a controlled substance.
19        (3) A law enforcement officer who is:
20            (A) authorized by the Illinois State Police or the
21        office of a county sheriff or State's Attorney or
22        municipal police department of Illinois to receive
23        information of the type requested for the purpose of
24        investigations involving controlled substances; or
25            (B) approved by the Department to receive
26        information of the type requested for the purpose of



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1        investigations involving controlled substances; and
2            (C) engaged in the investigation or prosecution of
3        a violation under any State or federal law that
4        involves a controlled substance.
5        (4) Select representatives of the Department of
6    Children and Family Services through the indirect online
7    request process. Access shall be established by an
8    intergovernmental agreement between the Department of
9    Children and Family Services and the Department of Human
10    Services.
11    (e) Before the Department releases confidential
12information under subsection (d), the applicant must
13demonstrate in writing to the Department that:
14        (1) the applicant has reason to believe that a
15    violation under any State or federal law that involves a
16    controlled substance has occurred; and
17        (2) the requested information is reasonably related to
18    the investigation, adjudication, or prosecution of the
19    violation described in subdivision (1).
20    (f) The Department may receive and release prescription
21record information under Section 316 and former Section 321
23        (1) a governing body that licenses practitioners;
24        (2) an investigator for the Consumer Protection
25    Division of the office of the Attorney General, a
26    prosecuting attorney, the Attorney General, a deputy



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1    Attorney General, or an investigator from the office of
2    the Attorney General;
3        (3) any Illinois law enforcement officer who is:
4            (A) authorized to receive the type of information
5        released; and
6            (B) approved by the Department to receive the type
7        of information released; or
8        (4) prescription monitoring entities in other states
9    per the provisions outlined in subsection (g) and (h)
10    below;
11confidential prescription record information collected under
12Sections 316 and 321 (now repealed) that identifies vendors or
13practitioners, or both, who are prescribing or dispensing
14large quantities of Schedule II, III, IV, or V controlled
15substances outside the scope of their practice, pharmacy, or
16business, as determined by the Advisory Committee created by
17Section 320.
18    (f-5) In accordance with a confidentiality agreement
19entered into with the Department, a medical director, or a
20public health administrator and their delegated analysts, of a
21county or municipal health department or the Department of
22Public Health shall have access to data from the system for any
23of the following purposes:
24            (1) developing education programs or public health
25        interventions relating to prescribing trends and
26        controlled substance use; or



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1            (2) conducting analyses and publish reports on
2        prescribing trends in their respective jurisdictions.
3    At a minimum, the confidentiality agreement entered into
4with the Department shall:
5        (i) prohibit analysis and reports produced under
6    subparagraph (2) from including information that
7    identifies, by name, license, or address, any
8    practitioner, dispenser, ultimate user, or other person
9    administering a controlled substance; and
10        (ii) specify the appropriate technical and physical
11    safeguards that the county or municipal health department
12    must implement to ensure the privacy and security of data
13    obtained from the system. The data from the system shall
14    not be admissible as evidence, nor discoverable in any
15    action of any kind in any court or before any tribunal,
16    board, agency, or person. The disclosure of any such
17    information or data, whether proper or improper, shall not
18    waive or have any effect upon its confidentiality,
19    non-discoverability, or non-admissibility.
20    (g) The information described in subsection (f) may not be
21released until it has been reviewed by an employee of the
22Department who is licensed as a prescriber or a dispenser and
23until that employee has certified that further investigation
24is warranted. However, failure to comply with this subsection
25(g) does not invalidate the use of any evidence that is
26otherwise admissible in a proceeding described in subsection



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2    (h) An investigator or a law enforcement officer receiving
3confidential information under subsection (c), (d), or (f) may
4disclose the information to a law enforcement officer or an
5attorney for the office of the Attorney General for use as
6evidence in the following:
7        (1) A proceeding under any State or federal law that
8    involves a controlled substance.
9        (2) A criminal proceeding or a proceeding in juvenile
10    court that involves a controlled substance.
11    (i) The Department may compile statistical reports from
12the information described in subsection (a). The reports must
13not include information that identifies, by name, license or
14address, any practitioner, dispenser, ultimate user, or other
15person administering a controlled substance.
16    (j) Based upon federal, initial and maintenance funding, a
17prescriber and dispenser inquiry system shall be developed to
18assist the health care community in its goal of effective
19clinical practice and to prevent patients from diverting or
20abusing medications.
21        (1) An inquirer shall have read-only access to a
22    stand-alone database which shall contain records for the
23    previous 12 months.
24        (2) Dispensers may, upon positive and secure
25    identification, make an inquiry on a patient or customer
26    solely for a medical purpose as delineated within the



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1    federal HIPAA law.
2        (3) The Department shall provide a one-to-one secure
3    link and encrypted software necessary to establish the
4    link between an inquirer and the Department. Technical
5    assistance shall also be provided.
6        (4) Written inquiries are acceptable but must include
7    the fee and the requester's Drug Enforcement
8    Administration license number and submitted upon the
9    requester's business stationery.
10        (5) As directed by the Prescription Monitoring Program
11    Advisory Committee and the Clinical Director for the
12    Prescription Monitoring Program, aggregate data that does
13    not indicate any prescriber, practitioner, dispenser, or
14    patient may be used for clinical studies.
15        (6) Tracking analysis shall be established and used
16    per administrative rule.
17        (7) Nothing in this Act or Illinois law shall be
18    construed to require a prescriber or dispenser to make use
19    of this inquiry system.
20        (8) If there is an adverse outcome because of a
21    prescriber or dispenser making an inquiry, which is
22    initiated in good faith, the prescriber or dispenser shall
23    be held harmless from any civil liability.
24    (k) The Department shall establish, by rule, the process
25by which to evaluate possible erroneous association of
26prescriptions to any licensed prescriber or end user of the



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1Illinois Prescription Information Library (PIL).
2    (l) The Prescription Monitoring Program Advisory Committee
3is authorized to evaluate the need for and method of
4establishing a patient specific identifier.
5    (m) Patients who identify prescriptions attributed to them
6that were not obtained by them shall be given access to their
7personal prescription history pursuant to the validation
8process as set forth by administrative rule.
9    (n) The Prescription Monitoring Program is authorized to
10develop operational push reports to entities with compatible
11electronic medical records. The process shall be covered
12within administrative rule established by the Department.
13    (o) Hospital emergency departments and freestanding
14healthcare facilities providing healthcare to walk-in patients
15may obtain, for the purpose of improving patient care, a
16unique identifier for each shift to utilize the PIL system.
17    (p) The Prescription Monitoring Program shall
18automatically create a log-in to the inquiry system when a
19prescriber or dispenser obtains or renews his or her
20controlled substance license. The Department of Financial and
21Professional Regulation must provide the Prescription
22Monitoring Program with electronic access to the license
23information of a prescriber or dispenser to facilitate the
24creation of this profile. The Prescription Monitoring Program
25shall send the prescriber or dispenser information regarding
26the inquiry system, including instructions on how to log into



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1the system, instructions on how to use the system to promote
2effective clinical practice, and opportunities for continuing
3education for the prescribing of controlled substances. The
4Prescription Monitoring Program shall also send to all
5enrolled prescribers, dispensers, and designees information
6regarding the unsolicited reports produced pursuant to Section
7314.5 of this Act.
8    (q) A prescriber or dispenser may authorize a designee to
9consult the inquiry system established by the Department under
10this subsection on his or her behalf, provided that all the
11following conditions are met:
12        (1) the designee so authorized is employed by the same
13    hospital or health care system; is employed by the same
14    professional practice; or is under contract with such
15    practice, hospital, or health care system;
16        (2) the prescriber or dispenser takes reasonable steps
17    to ensure that such designee is sufficiently competent in
18    the use of the inquiry system;
19        (3) the prescriber or dispenser remains responsible
20    for ensuring that access to the inquiry system by the
21    designee is limited to authorized purposes and occurs in a
22    manner that protects the confidentiality of the
23    information obtained from the inquiry system, and remains
24    responsible for any breach of confidentiality; and
25        (4) the ultimate decision as to whether or not to
26    prescribe or dispense a controlled substance remains with



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1    the prescriber or dispenser.
2    The Prescription Monitoring Program shall send to
3registered designees information regarding the inquiry system,
4including instructions on how to log onto the system.
5    (r) The Prescription Monitoring Program shall maintain an
6Internet website in conjunction with its prescriber and
7dispenser inquiry system. This website shall include, at a
8minimum, the following information:
9        (1) current clinical guidelines developed by health
10    care professional organizations on the prescribing of
11    opioids or other controlled substances as determined by
12    the Advisory Committee;
13        (2) accredited continuing education programs related
14    to prescribing of controlled substances;
15        (3) programs or information developed by health care
16    professionals that may be used to assess patients or help
17    ensure compliance with prescriptions;
18        (4) updates from the Food and Drug Administration, the
19    Centers for Disease Control and Prevention, and other
20    public and private organizations which are relevant to
21    prescribing;
22        (5) relevant medical studies related to prescribing;
23        (6) other information regarding the prescription of
24    controlled substances; and
25        (7) information regarding prescription drug disposal
26    events, including take-back programs or other disposal



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



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1        (6) other information regarding prescribing of
2    controlled substances;
3        (7) information regarding prescription drug disposal
4    events, including take-back programs or other disposal
5    options or events; and
6        (8) reminders that the Prescription Monitoring Program
7    is a useful clinical tool.
8    (t) Notwithstanding any other provision of this Act,
9neither the Prescription Monitoring Program nor any other
10person shall disclose any information in violation of the
11restrictions and requirements of paragraph (3.5) of subsection
12(a) of Section 316 as implemented under Public Act 102-527.
13(Source: P.A. 102-751, eff. 1-1-23.)
14    (720 ILCS 570/320)
15    Sec. 320. Advisory committee.
16    (a) There is created a Prescription Monitoring Program
17Advisory Committee to assist the Department of Human Services
18and Department of Public Health in implementing the
19Prescription Monitoring Program created by this Article and to
20advise the Department on the professional performance of
21prescribers and dispensers and other matters germane to the
22advisory committee's field of competence.
23    (b) The Prescription Monitoring Program Advisory Committee
24shall consist of 15 members appointed by the Clinical Director
25of the Prescription Monitoring Program composed of prescribers



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1and dispensers licensed to practice medicine in his or her
2respective profession as follows: one family or primary care
3physician; one pain specialist physician; 4 other physicians,
4one of whom may be an ophthalmologist; 2 advanced practice
5registered nurses; one physician assistant; one optometrist;
6one dentist; one clinical representative from a statewide
7organization representing hospitals; and 3 pharmacists. The
8Advisory Committee members serving on August 26, 2018 (the
9effective date of Public Act 100-1093) shall continue to serve
10until January 1, 2019. Prescriber and dispenser nominations
11for membership on the Committee shall be submitted by their
12respective professional associations. If there are more
13nominees than membership positions for a prescriber or
14dispenser category, as provided in this subsection (b), the
15Clinical Director of the Prescription Monitoring Program shall
16appoint a member or members for each profession as provided in
17this subsection (b), from the nominations to serve on the
18advisory committee. At the first meeting of the Committee in
192019 members shall draw lots for initial terms and 6 members
20shall serve 3 years, 5 members shall serve 2 years, and 5
21members shall serve one year. Thereafter, members shall serve
223-year terms. Members may serve more than one term but no more
23than 3 terms. The Clinical Director of the Prescription
24Monitoring Program may appoint a representative of an
25organization representing a profession required to be
26appointed. The Clinical Director of the Prescription



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1Monitoring Program shall serve as the Secretary of the
3    (c) The advisory committee may appoint a chairperson and
4other officers as it deems appropriate.
5    (d) The members of the advisory committee shall receive no
6compensation for their services as members of the advisory
7committee, unless appropriated by the General Assembly, but
8may be reimbursed for their actual expenses incurred in
9serving on the advisory committee.
10    (e) The advisory committee shall:
11        (1) provide a uniform approach to reviewing this Act
12    in order to determine whether changes should be
13    recommended to the General Assembly;
14        (2) review current drug schedules in order to manage
15    changes to the administrative rules pertaining to the
16    utilization of this Act;
17        (3) review the following: current clinical guidelines
18    developed by health care professional organizations on the
19    prescribing of opioids or other controlled substances;
20    accredited continuing education programs related to
21    prescribing and dispensing; programs or information
22    developed by health care professional organizations that
23    may be used to assess patients or help ensure compliance
24    with prescriptions; updates from the Food and Drug
25    Administration, the Centers for Disease Control and
26    Prevention, and other public and private organizations



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1    which are relevant to prescribing and dispensing; relevant
2    medical studies; and other publications which involve the
3    prescription of controlled substances;
4        (4) make recommendations for inclusion of these
5    materials or other studies which may be effective
6    resources for prescribers and dispensers on the Internet
7    website of the inquiry system established under Section
8    318;
9        (5) semi-annually review the content of the Internet
10    website of the inquiry system established pursuant to
11    Section 318 to ensure this Internet website has the most
12    current available information;
13        (6) semi-annually review opportunities for federal
14    grants and other forms of funding to support projects
15    which will increase the number of pilot programs which
16    integrate the inquiry system with electronic health
17    records; and
18        (7) semi-annually review communication to be sent to
19    all registered users of the inquiry system established
20    pursuant to Section 318, including recommendations for
21    relevant accredited continuing education and information
22    regarding prescribing and dispensing.
23    (f) The Advisory Committee shall select from its members
2410 members of the Peer Review Committee composed of:
25        (1) 3 physicians;
26        (2) 3 pharmacists;



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1        (3) one dentist;
2        (4) one advanced practice registered nurse;
3        (4.5) (blank);
4        (5) one physician assistant; and
5        (6) one optometrist.
6    The purpose of the Peer Review Committee is to establish a
7formal peer review of professional performance of prescribers
8and dispensers. The deliberations, information, and
9communications of the Peer Review Committee are privileged and
10confidential and shall not be disclosed in any manner except
11in accordance with current law.
12        (1) The Peer Review Committee shall periodically
13    review the data contained within the prescription
14    monitoring program to identify those prescribers or
15    dispensers who may be prescribing or dispensing outside
16    the currently accepted standard and practice of their
17    profession. The Peer Review Committee member, whose
18    profession is the same as the prescriber or dispenser
19    being reviewed, shall prepare a preliminary report and
20    recommendation for any non-action or action. The
21    Prescription Monitoring Program Clinical Director and
22    staff shall provide the necessary assistance and data as
23    required.
24        (2) The Peer Review Committee may identify prescribers
25    or dispensers who may be prescribing outside the currently
26    accepted medical standards in the course of their



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1    professional practice and send the identified prescriber
2    or dispenser a request for information regarding their
3    prescribing or dispensing practices. This request for
4    information shall be sent via certified mail, return
5    receipt requested. A prescriber or dispenser shall have 30
6    days to respond to the request for information.
7        (3) The Peer Review Committee shall refer a prescriber
8    or a dispenser to the Department of Financial and
9    Professional Regulation in the following situations:
10            (i) if a prescriber or dispenser does not respond
11        to three successive requests for information;
12            (ii) in the opinion of a majority of members of the
13        Peer Review Committee, the prescriber or dispenser
14        does not have a satisfactory explanation for the
15        practices identified by the Peer Review Committee in
16        its request for information; or
17            (iii) following communications with the Peer
18        Review Committee, the prescriber or dispenser does not
19        sufficiently rectify the practices identified in the
20        request for information in the opinion of a majority
21        of the members of the Peer Review Committee.
22        (4) The Department of Financial and Professional
23    Regulation may initiate an investigation and discipline in
24    accordance with current laws and rules for any prescriber
25    or dispenser referred by the Peer Review Committee.
26        (5) The Peer Review Committee shall prepare an annual



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1    report starting on July 1, 2017. This report shall contain
2    the following information: the number of times the Peer
3    Review Committee was convened; the number of prescribers
4    or dispensers who were reviewed by the Peer Review
5    Committee; the number of requests for information sent out
6    by the Peer Review Committee; and the number of
7    prescribers or dispensers referred to the Department of
8    Financial and Professional Regulation. The annual report
9    shall be delivered electronically to the Department and to
10    the General Assembly. The report to the General Assembly
11    shall be filed with the Clerk of the House of
12    Representatives and the Secretary of the Senate in
13    electronic form only, in the manner that the Clerk and the
14    Secretary shall direct. The report prepared by the Peer
15    Review Committee shall not identify any prescriber,
16    dispenser, or patient.
17(Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18;
18100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff.
20    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
21    Sec. 410. (a) Whenever any person who has not previously
22been convicted of any felony offense under this Act or any law
23of the United States or of any State relating to cannabis or
24controlled substances, pleads guilty to or is found guilty of
25possession of a controlled or counterfeit substance under



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1subsection (c) of Section 402 or of unauthorized possession of
2prescription form under Section 406.2, the court, without
3entering a judgment and with the consent of such person, may
4sentence him or her to probation.
5    (b) When a person is placed on probation, the court shall
6enter an order specifying a period of probation of 24 months
7and shall defer further proceedings in the case until the
8conclusion of the period or until the filing of a petition
9alleging violation of a term or condition of probation.
10    (c) The conditions of probation shall be that the person:
11(1) not violate any criminal statute of any jurisdiction; (2)
12refrain from possessing a firearm or other dangerous weapon;
13(3) submit to periodic drug testing at a time and in a manner
14as ordered by the court, but no less than 3 times during the
15period of the probation, with the cost of the testing to be
16paid by the probationer; and (4) perform no less than 30 hours
17of community service, provided community service is available
18in the jurisdiction and is funded and approved by the county
19board. The court may give credit toward the fulfillment of
20community service hours for participation in activities and
21treatment as determined by court services.
22    (d) The court may, in addition to other conditions,
23require that the person:
24        (1) make a report to and appear in person before or
25    participate with the court or such courts, person, or
26    social service agency as directed by the court in the



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1    order of probation;
2        (2) pay a fine and costs;
3        (3) work or pursue a course of study or vocational
4    training;
5        (4) undergo medical or psychiatric treatment; or
6    treatment or rehabilitation approved by the Illinois
7    Department of Human Services;
8        (5) attend or reside in a facility established for the
9    instruction or residence of defendants on probation;
10        (6) support his or her dependents;
11        (6-5) refrain from having in his or her body the
12    presence of any illicit drug prohibited by the Cannabis
13    Control Act, the Illinois Controlled Substances Act, or
14    the Methamphetamine Control and Community Protection Act,
15    unless prescribed by a physician, and submit samples of
16    his or her blood or urine or both for tests to determine
17    the presence of any illicit drug;
18        (7) and in addition, if a minor:
19            (i) reside with his or her parents or in a foster
20        home;
21            (ii) attend school;
22            (iii) attend a non-residential program for youth;
23            (iv) contribute to his or her own support at home
24        or in a foster home.
25    (e) Upon violation of a term or condition of probation,
26the court may enter a judgment on its original finding of guilt



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1and proceed as otherwise provided.
2    (f) Upon fulfillment of the terms and conditions of
3probation, the court shall discharge the person and dismiss
4the proceedings against him or her.
5    (g) A disposition of probation is considered to be a
6conviction for the purposes of imposing the conditions of
7probation and for appeal, however, discharge and dismissal
8under this Section is not a conviction for purposes of this Act
9or for purposes of disqualifications or disabilities imposed
10by law upon conviction of a crime.
11    (h) A person may not have more than one discharge and
12dismissal under this Section within a 4-year period.
13    (i) If a person is convicted of an offense under this Act,
14the Cannabis Control Act, or the Methamphetamine Control and
15Community Protection Act within 5 years subsequent to a
16discharge and dismissal under this Section, the discharge and
17dismissal under this Section shall be admissible in the
18sentencing proceeding for that conviction as evidence in
20    (j) Notwithstanding subsection (a), before a person is
21sentenced to probation under this Section, the court may refer
22the person to the drug court established in that judicial
23circuit pursuant to Section 15 of the Drug Court Treatment
24Act. The drug court team shall evaluate the person's
25likelihood of successfully completing a sentence of probation
26under this Section and shall report the results of its



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1evaluation to the court. If the drug court team finds that the
2person suffers from a substance use disorder abuse problem
3that makes him or her substantially unlikely to successfully
4complete a sentence of probation under this Section, then the
5drug court shall set forth its findings in the form of a
6written order, and the person shall not be sentenced to
7probation under this Section, but shall be considered for the
8drug court program.
9(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
10100-575, eff. 1-8-18.)
11    (720 ILCS 570/411.2)
12    Sec. 411.2. Drug Treatment Fund; drug treatment grants.
13    (a) (Blank).
14    (b) (Blank).
15    (c) (Blank).
16    (d) (Blank).
17    (e) (Blank).
18    (f) (Blank).
19    (g) (Blank).
20    (h) The Drug Treatment Fund is hereby established as a
21special fund within the State Treasury. The Department of
22Human Services may make grants to persons licensed under
23Section 15-10 of the Substance Use Disorder Act or to
24municipalities or counties from funds appropriated to the
25Department from the Drug Treatment Fund for the treatment of



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1pregnant women who have a substance use disorder are addicted
2to alcohol, cannabis, or controlled substances and for the
3needed care of minor, unemancipated children of women
4undergoing residential drug treatment. If the Department of
5Human Services grants funds to a municipality or a county that
6the Department determines is not experiencing a healthcare
7need of problem with pregnant women with a substance use
8disorder addicted to alcohol, cannabis, or controlled
9substances, or with care for minor, unemancipated children of
10women undergoing residential drug treatment, or intervention,
11the funds shall be used for the treatment of any person with a
12substance use disorder addicted to alcohol, cannabis, or
13controlled substances. The Department may adopt such rules as
14it deems appropriate for the administration of such grants.
15    (i) (Blank).
16(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19;
17101-81, eff. 7-12-19.)
18    (720 ILCS 570/413)  (from Ch. 56 1/2, par. 1413)
19    Sec. 413. (a) Twelve and one-half percent of all amounts
20collected as fines pursuant to the provisions of this Article
21shall be paid into the Youth Drug Abuse Prevention Fund, which
22is hereby created in the State treasury, to be used by the
23Department for the funding of programs and services for
24substance use disorder drug-abuse treatment, and prevention
25and education services, for juveniles.



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1    (b) Eighty-seven and one-half percent of the proceeds of
2all fines received under the provisions of this Article shall
3be transmitted to and deposited in the treasurer's office at
4the level of government as follows:
5        (1) If such seizure was made by a combination of law
6    enforcement personnel representing differing units of
7    local government, the court levying the fine shall
8    equitably allocate 50% of the fine among these units of
9    local government and shall allocate 37 1/2% to the county
10    general corporate fund. In the event that the seizure was
11    made by law enforcement personnel representing a unit of
12    local government from a municipality where the number of
13    inhabitants exceeds 2 million in population, the court
14    levying the fine shall allocate 87 1/2% of the fine to that
15    unit of local government. If the seizure was made by a
16    combination of law enforcement personnel representing
17    differing units of local government, and at least one of
18    those units represents a municipality where the number of
19    inhabitants exceeds 2 million in population, the court
20    shall equitably allocate 87 1/2% of the proceeds of the
21    fines received among the differing units of local
22    government.
23        (2) If such seizure was made by State law enforcement
24    personnel, then the court shall allocate 37 1/2% to the
25    State treasury and 50% to the county general corporate
26    fund.



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1        (3) If a State law enforcement agency in combination
2    with a law enforcement agency or agencies of a unit or
3    units of local government conducted the seizure, the court
4    shall equitably allocate 37 1/2% of the fines to or among
5    the law enforcement agency or agencies of the unit or
6    units of local government which conducted the seizure and
7    shall allocate 50% to the county general corporate fund.
8    (c) The proceeds of all fines allocated to the law
9enforcement agency or agencies of the unit or units of local
10government pursuant to subsection (b) shall be made available
11to that law enforcement agency as expendable receipts for use
12in the enforcement of laws regulating cannabis,
13methamphetamine, and other controlled substances. The proceeds
14of fines awarded to the State treasury shall be deposited in a
15special fund known as the Drug Traffic Prevention Fund, except
16that amounts distributed to the Secretary of State shall be
17deposited into the Secretary of State Evidence Fund to be used
18as provided in Section 2-115 of the Illinois Vehicle Code.
19Monies from this fund may be used by the Illinois State Police
20or use in the enforcement of laws regulating cannabis,
21methamphetamine, and other controlled substances; to satisfy
22funding provisions of the Intergovernmental Drug Laws
23Enforcement Act; to defray costs and expenses associated with
24returning violators of the Cannabis Control Act and this Act
25only, as provided in those Acts, when punishment of the crime
26shall be confinement of the criminal in the penitentiary; and



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1all other monies shall be paid into the general revenue fund in
2the State treasury.
3(Source: P.A. 97-334, eff. 1-1-12.)
4    (720 ILCS 570/504)  (from Ch. 56 1/2, par. 1504)
5    Sec. 504. (a) The Director and the Secretary of the
6Department of Financial and Professional Regulation shall each
7cooperate with Federal agencies and other State agencies in
8discharging his or her responsibilities concerning traffic in
9controlled substances and in suppressing the misuse and abuse
10of controlled substances. To this end he or she may:
11        (1) arrange for the exchange of information among
12    governmental officials concerning the use and misuse ,
13    misuse and abuse of controlled substances;
14        (2) coordinate and cooperate in training programs
15    concerning controlled substance law enforcement at local
16    and State levels;
17        (3) cooperate with the federal Drug Enforcement
18    Administration or its successor agency; and
19        (4) conduct programs of eradication aimed at
20    destroying wild illicit growth of plant species from which
21    controlled substances may be extracted.
22    (b) Results, information, and evidence received from the
23Drug Enforcement Administration relating to the regulatory
24functions of this Act, including results of inspections
25conducted by it may be relied and acted upon by the Director



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1and the Secretary of the Department of Financial and
2Professional Regulation in the exercise of their regulatory
3functions under this Act.
4(Source: P.A. 97-334, eff. 1-1-12.)
5    (720 ILCS 570/508)  (from Ch. 56 1/2, par. 1508)
6    Sec. 508. (a) The Department shall encourage research on
7controlled substances. In connection with the research, and in
8furtherance of the purposes of this Act, the Department may:
9        (1) establish methods to assess accurately the effect
10    of controlled substances and identify and characterize
11    those with potential for misuse abuse;
12        (2) make studies and undertake programs of research
13    to:
14            (i) develop new or improved approaches,
15        techniques, systems, equipment and devices to
16        strengthen the enforcement of this Act;
17            (ii) determine patterns of use and misuse , misuse,
18        and abuse of controlled substances and their social
19        effects; and
20            (iii) improve methods for preventing, predicting,
21        understanding, and dealing with the use and misuse ,
22        misuse and abuse of controlled substances; and
23        (3) enter into contracts with public agencies,
24    educational institutions, and private organizations or
25    individuals for the purpose of conducting research,



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1    demonstrations, or special projects which relate to the
2    use and misuse , misuse and abuse of controlled substances.
3    (b) Persons authorized to engage in research may be
4authorized by the Department to protect the privacy of
5individuals who are the subjects of such research by
6withholding from all persons not connected with the conduct of
7the research the names and other identifying characteristics
8of such individuals. Persons who are given this authorization
9shall not be compelled in any civil, criminal, administrative,
10legislative or other proceeding to identify the individuals
11who are the subjects of research for which the authorization
12was granted, except to the extent necessary to permit the
13Department to determine whether the research is being
14conducted in accordance with the authorization.
15    (c) The Department may authorize the possession and
16dispensing of controlled substances by persons engaged in
17research, upon such terms and conditions as may be consistent
18with the public health and safety. The Department may also
19approve research and treatment programs involving the
20administration of Methadone. The use of Methadone, or any
21similar controlled substance by any person is prohibited in
22this State except as approved and authorized by the Department
23in accordance with its rules and regulations. To the extent of
24the applicable authorization, persons are exempt from
25prosecution in this State for possession, manufacture or
26delivery of controlled substances.



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1    (d) Practitioners registered under Federal law to conduct
2research with Schedule I substances may conduct research with
3Schedule I substances within this State upon furnishing
4evidence of that Federal registration and notification of the
5scope and purpose of such research to the Department.
6(Source: P.A. 96-328, eff. 8-11-09.)
7    (720 ILCS 570/509)  (from Ch. 56 1/2, par. 1509)
8    Sec. 509. Whenever any court in this State grants
9probation to any person that the court has reason to believe is
10or has a substance use disorder been an addict or unlawful
11possessor of controlled substances, the court shall require,
12as a condition of probation, that the probationer submit to
13periodic tests by the Department of Corrections to determine
14by means of appropriate chemical detection tests whether the
15probationer is using controlled substances. The court may
16require as a condition of probation that the probationer enter
17an approved treatment program, if the court determines that
18the probationer has a substance use disorder of is addicted to
19a controlled substance. Whenever the Prisoner Review Board
20grants parole or the Department of Juvenile Justice grants
21aftercare release to a person believed to have been an
22unlawful possessor or person with a substance use disorder
23addict of controlled substances, the Board or Department shall
24require as a condition of parole or aftercare release that the
25parolee or aftercare releasee submit to appropriate periodic



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1chemical tests by the Department of Corrections or the
2Department of Juvenile Justice to determine whether the
3parolee or aftercare releasee is using controlled substances.
4(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
5    Section 99. Effective date. This Section and Section 10
6take effect upon becoming law.".