Sen. Adriane Johnson
Filed: 4/4/2024
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| 1 | AMENDMENT TO SENATE BILL 647 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 647 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Mental Health and Developmental | ||||||
| 5 | Disabilities Administrative Act is amended by changing Section | ||||||
| 6 | 4 as follows:
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| 7 | (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4) | ||||||
| 8 | Sec. 4. Supervision of facilities and services; quarterly | ||||||
| 9 | reports. | ||||||
| 10 | (a) To exercise executive and administrative supervision | ||||||
| 11 | over all facilities, divisions, programs and services now | ||||||
| 12 | existing or hereafter acquired or created under the | ||||||
| 13 | jurisdiction of the Department, including, but not limited to, | ||||||
| 14 | the 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 | ||||||
| 3 | shall cause each of the facilities under its jurisdiction | ||||||
| 4 | which provide in-patient care to comply with standards, rules | ||||||
| 5 | and regulations of the Department of Public Health prescribed | ||||||
| 6 | under Section 6.05 of the Hospital Licensing Act. | ||||||
| 7 | (b-5) The Department shall cause each of the facilities | ||||||
| 8 | under its jurisdiction that provide in-patient care to comply | ||||||
| 9 | with Section 6.25 of the Hospital Licensing Act. | ||||||
| 10 | (c) The Department shall issue quarterly electronic | ||||||
| 11 | reports to the General Assembly on admissions, deflections, | ||||||
| 12 | discharges, bed closures, staff-resident ratios, census, | ||||||
| 13 | average length of stay, and any adverse federal certification | ||||||
| 14 | or accreditation findings, if any, for each State-operated | ||||||
| 15 | facility for the mentally ill and for persons with | ||||||
| 16 | developmental disabilities. The quarterly reports shall be | ||||||
| 17 | issued by January 1, April 1, July 1, and October 1 of each | ||||||
| 18 | year. The quarterly reports shall include the following | ||||||
| 19 | information for each facility reflecting the period ending 15 | ||||||
| 20 | days 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 | ||||||
| 10 | Department from the recordkeeping requirements of the | ||||||
| 11 | Occupational 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.)
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| 5 | (405 ILCS 95/Act rep.) | ||||||
| 6 | Section 10. The Perinatal Mental Health Disorders | ||||||
| 7 | Prevention and Treatment Act is repealed.
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| 8 | Section 15. The Maternal Mental Health Conditions | ||||||
| 9 | Education, Early Diagnosis, and Treatment Act is amended by | ||||||
| 10 | changing Sections 5, 10, and 15 and by adding Sections 9 and 14 | ||||||
| 11 | as follows:
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| 12 | (405 ILCS 120/5) | ||||||
| 13 | Sec. 5. Findings. The General Assembly finds the | ||||||
| 14 | following: | ||||||
| 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.)
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| 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.
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| 15 | (405 ILCS 120/10) | ||||||
| 16 | Sec. 10. Definitions. In this Act: | ||||||
| 17 | "Birthing hospital" means a hospital that has an approved | ||||||
| 18 | obstetric category of service and licensed beds by the Health | ||||||
| 19 | Facilities and Services Review Board. | ||||||
| 20 | "Department" means the Department of Human Services. | ||||||
| 21 | "Licensed health care professional" means a physician | ||||||
| 22 | licensed to practice medicine in all its branches, a licensed | ||||||
| 23 | advanced practice registered nurse, or a licensed physician | ||||||
| 24 | assistant. | ||||||
| 25 | "Maternal mental health condition" means a mental health | ||||||
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| 1 | condition that occurs during pregnancy or during the | ||||||
| 2 | postpartum period and includes, but is not limited to, | ||||||
| 3 | postpartum depression. | ||||||
| 4 | "Postnatal care" means an office visit to a licensed | ||||||
| 5 | health care professional occurring after birth, with reference | ||||||
| 6 | to the infant or mother. | ||||||
| 7 | "Prenatal care" means an office visit to a licensed health | ||||||
| 8 | care professional for pregnancy-related care occurring before | ||||||
| 9 | the birth. | ||||||
| 10 | "Questionnaire" means an assessment tool administered by a | ||||||
| 11 | licensed health care professional to detect maternal mental | ||||||
| 12 | health conditions, such as the Edinburgh Postnatal Depression | ||||||
| 13 | Scale, the Postpartum Depression Screening Scale, the Beck | ||||||
| 14 | Depression Inventory, the Patient Health Questionnaire, or | ||||||
| 15 | other validated assessment methods. | ||||||
| 16 | (Source: P.A. 101-512, eff. 1-1-20.)
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| 17 | (405 ILCS 120/14 new) | ||||||
| 18 | Sec. 14. Maternal mental health conditions prevention and | ||||||
| 19 | treatment. The Department of Human Services, in conjunction | ||||||
| 20 | with the Department of Healthcare and Family Services, the | ||||||
| 21 | Department of Public Health, and the Department of Financial | ||||||
| 22 | and Professional Regulation and the Medical Licensing Board, | ||||||
| 23 | shall work with birthing hospitals and licensed health care | ||||||
| 24 | professionals in this State to develop policies, procedures, | ||||||
| 25 | information, and educational materials to meet each of the | ||||||
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| 1 | following requirements concerning maternal mental health | ||||||
| 2 | conditions: | ||||||
| 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.
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| 2 | (405 ILCS 120/15) | ||||||
| 3 | Sec. 15. Educational materials about maternal mental | ||||||
| 4 | health conditions. The Department, in conjunction with the | ||||||
| 5 | Department of Healthcare and Family Services, the Department | ||||||
| 6 | of Public Health, and the Department of Financial and | ||||||
| 7 | Professional Regulation and the Medical Licensing Board, shall | ||||||
| 8 | develop educational materials for health care professionals | ||||||
| 9 | and patients about maternal mental health conditions. A | ||||||
| 10 | birthing hospital shall, on or before January 1, 2021, | ||||||
| 11 | distribute these materials to employees regularly assigned to | ||||||
| 12 | work with pregnant or postpartum women and incorporate these | ||||||
| 13 | materials in any employee training that is related to patient | ||||||
| 14 | care of pregnant or postpartum women. A birthing hospital | ||||||
| 15 | shall supplement the materials provided by the Department to | ||||||
| 16 | include relevant resources to the region or community in which | ||||||
| 17 | the birthing hospital is located. The educational materials | ||||||
| 18 | developed under this Section shall include all of the | ||||||
| 19 | following: | ||||||
| 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.)
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| 6 | Section 20. The Illinois Controlled Substances Act is | ||||||
| 7 | amended by changing Sections 100, 102, 201, 203, 205, 207, | ||||||
| 8 | 208, 209, 210, 211, 216, 312, 313, 318, 320, 410, 411.2, 413, | ||||||
| 9 | 504, 508, and 509 as follows:
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| 10 | (720 ILCS 570/100) (from Ch. 56 1/2, par. 1100) | ||||||
| 11 | Sec. 100. Legislative intent. It is the intent of the | ||||||
| 12 | General Assembly, recognizing the rising incidence in the | ||||||
| 13 | misuse abuse of drugs and other dangerous substances and its | ||||||
| 14 | resultant damage to the peace, health, and welfare of the | ||||||
| 15 | citizens of Illinois, to provide a system of control over the | ||||||
| 16 | distribution and use of controlled substances which will more | ||||||
| 17 | effectively: (1) limit access of such substances only to those | ||||||
| 18 | persons who have demonstrated an appropriate sense of | ||||||
| 19 | responsibility and have a lawful and legitimate reason to | ||||||
| 20 | possess them; (2) deter the unlawful and destructive misuse | ||||||
| 21 | abuse of controlled substances; (3) penalize most heavily the | ||||||
| 22 | illicit traffickers or profiteers of controlled substances, | ||||||
| 23 | who propagate and perpetuate the misuse abuse of such | ||||||
| 24 | substances with reckless disregard for its consumptive | ||||||
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| 1 | consequences upon every element of society; (4) acknowledge | ||||||
| 2 | the functional and consequential differences between the | ||||||
| 3 | various types of controlled substances and provide for | ||||||
| 4 | correspondingly different degrees of control over each of the | ||||||
| 5 | various types; (5) unify where feasible and codify the efforts | ||||||
| 6 | of this State to conform with the regulatory systems of the | ||||||
| 7 | Federal government; and (6) provide law enforcement | ||||||
| 8 | authorities with the necessary resources to make this system | ||||||
| 9 | efficacious. | ||||||
| 10 | It is not the intent of the General Assembly to treat the | ||||||
| 11 | unlawful user or occasional petty distributor of controlled | ||||||
| 12 | substances with the same severity as the large-scale, unlawful | ||||||
| 13 | purveyors and traffickers of controlled substances. However, | ||||||
| 14 | it is recognized that persons who violate this Act with | ||||||
| 15 | respect to the manufacture, delivery, possession with intent | ||||||
| 16 | to deliver, or possession of more than one type of controlled | ||||||
| 17 | substance listed herein may accordingly receive multiple | ||||||
| 18 | convictions and sentences under each Section of this Act. To | ||||||
| 19 | this end, guidelines have been provided, along with a wide | ||||||
| 20 | latitude in sentencing discretion, to enable the sentencing | ||||||
| 21 | court to order penalties in each case which are appropriate | ||||||
| 22 | for the purposes of this Act. | ||||||
| 23 | (Source: P.A. 97-334, eff. 1-1-12.)
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| 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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| 1 | context otherwise requires: | ||||||
| 2 | (a) "Person with a substance use disorder Addict" means | ||||||
| 3 | any person who has a substance use disorder diagnosis defined | ||||||
| 4 | as a spectrum of persistent and recurring problematic behavior | ||||||
| 5 | that encompasses 10 separate classes of drugs: alcohol; | ||||||
| 6 | caffeine; cannabis; hallucinogens; inhalants; opioids; | ||||||
| 7 | sedatives, hypnotics and anxiolytics; stimulants; and tobacco; | ||||||
| 8 | and other unknown substances leading to clinically significant | ||||||
| 9 | impairment or distress habitually uses any drug, chemical, | ||||||
| 10 | substance or dangerous drug other than alcohol so as to | ||||||
| 11 | endanger the public morals, health, safety or welfare or who | ||||||
| 12 | is so far addicted to the use of a dangerous drug or controlled | ||||||
| 13 | substance other than alcohol as to have lost the power of self | ||||||
| 14 | control with reference to his or her addiction. | ||||||
| 15 | (b) "Administer" means the direct application of a | ||||||
| 16 | controlled substance, whether by injection, inhalation, | ||||||
| 17 | ingestion, or any other means, to the body of a patient, | ||||||
| 18 | research subject, or animal (as defined by the Humane | ||||||
| 19 | Euthanasia 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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| 1 | of or at the direction of a manufacturer, distributor, | ||||||
| 2 | dispenser, prescriber, or practitioner. It does not include a | ||||||
| 3 | common or contract carrier, public warehouseman or employee of | ||||||
| 4 | the carrier or warehouseman. | ||||||
| 5 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
| 6 | substance, chemically and pharmacologically related to | ||||||
| 7 | testosterone (other than estrogens, progestins, | ||||||
| 8 | corticosteroids, 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), | ||||||
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| 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]- | ||||||
| |||||||
| |||||||
| 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), | ||||||
| |||||||
| |||||||
| 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]- | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 6 | anabolic steroid, or who otherwise lawfully manufactures, | ||||||
| 7 | distributes, dispenses, delivers, or possesses with intent to | ||||||
| 8 | deliver an anabolic steroid, which anabolic steroid is | ||||||
| 9 | expressly intended for and lawfully allowed to be administered | ||||||
| 10 | through implants to livestock or other nonhuman species, and | ||||||
| 11 | which is approved by the Secretary of Health and Human | ||||||
| 12 | Services for such administration, and which the person intends | ||||||
| 13 | to administer or have administered through such implants, | ||||||
| 14 | shall not be considered to be in unauthorized possession or to | ||||||
| 15 | unlawfully manufacture, distribute, dispense, deliver, or | ||||||
| 16 | possess with intent to deliver such anabolic steroid for | ||||||
| 17 | purposes of this Act. | ||||||
| 18 | (d) "Administration" means the Drug Enforcement | ||||||
| 19 | Administration, United States Department of Justice, or its | ||||||
| 20 | successor agency. | ||||||
| 21 | (d-5) "Clinical Director, Prescription Monitoring Program" | ||||||
| 22 | means a Department of Human Services administrative employee | ||||||
| 23 | licensed to either prescribe or dispense controlled substances | ||||||
| 24 | who shall run the clinical aspects of the Department of Human | ||||||
| 25 | Services Prescription Monitoring Program and its Prescription | ||||||
| 26 | Information Library. | ||||||
| |||||||
| |||||||
| 1 | (d-10) "Compounding" means the preparation and mixing of | ||||||
| 2 | components, excluding flavorings, (1) as the result of a | ||||||
| 3 | prescriber's prescription drug order or initiative based on | ||||||
| 4 | the prescriber-patient-pharmacist relationship in the course | ||||||
| 5 | of professional practice or (2) for the purpose of, or | ||||||
| 6 | incident to, research, teaching, or chemical analysis and not | ||||||
| 7 | for sale or dispensing. "Compounding" includes the preparation | ||||||
| 8 | of drugs or devices in anticipation of receiving prescription | ||||||
| 9 | drug orders based on routine, regularly observed dispensing | ||||||
| 10 | patterns. Commercially available products may be compounded | ||||||
| 11 | for dispensing to individual patients only if both of the | ||||||
| 12 | following conditions are met: (i) the commercial product is | ||||||
| 13 | not reasonably available from normal distribution channels in | ||||||
| 14 | a timely manner to meet the patient's needs and (ii) the | ||||||
| 15 | prescribing practitioner has requested that the drug be | ||||||
| 16 | compounded. | ||||||
| 17 | (e) "Control" means to add a drug or other substance, or | ||||||
| 18 | immediate precursor, to a Schedule whether by transfer from | ||||||
| 19 | another Schedule or otherwise. | ||||||
| 20 | (f) "Controlled Substance" means (i) a drug, substance, | ||||||
| 21 | immediate precursor, or synthetic drug in the Schedules of | ||||||
| 22 | Article II of this Act or (ii) a drug or other substance, or | ||||||
| 23 | immediate precursor, designated as a controlled substance by | ||||||
| 24 | the Department through administrative rule. The term does not | ||||||
| 25 | include distilled spirits, wine, malt beverages, or tobacco, | ||||||
| 26 | as those terms are defined or used in the Liquor Control Act of | ||||||
| |||||||
| |||||||
| 1 | 1934 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, | ||||||
| 20 | which, or the container or labeling of which, without | ||||||
| 21 | authorization bears the trademark, trade name, or other | ||||||
| 22 | identifying mark, imprint, number or device, or any likeness | ||||||
| 23 | thereof, of a manufacturer, distributor, or dispenser other | ||||||
| 24 | than the person who in fact manufactured, distributed, or | ||||||
| 25 | dispensed the substance. | ||||||
| 26 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
| |||||||
| |||||||
| 1 | or attempted transfer of possession of a controlled substance, | ||||||
| 2 | with or without consideration, whether or not there is an | ||||||
| 3 | agency relationship. "Deliver" or "delivery" does not include | ||||||
| 4 | the donation of drugs to the extent permitted under the | ||||||
| 5 | Illinois Drug Reuse Opportunity Program Act. | ||||||
| 6 | (i) "Department" means the Illinois Department of Human | ||||||
| 7 | Services (as successor to the Department of Alcoholism and | ||||||
| 8 | Substance Abuse) or its successor agency. | ||||||
| 9 | (j) (Blank). | ||||||
| 10 | (k) "Department of Corrections" means the Department of | ||||||
| 11 | Corrections of the State of Illinois or its successor agency. | ||||||
| 12 | (l) "Department of Financial and Professional Regulation" | ||||||
| 13 | means the Department of Financial and Professional Regulation | ||||||
| 14 | of the State of Illinois or its successor agency. | ||||||
| 15 | (m) "Depressant" means any drug that (i) causes an overall | ||||||
| 16 | depression of central nervous system functions, (ii) causes | ||||||
| 17 | impaired consciousness and awareness, and (iii) can be | ||||||
| 18 | habit-forming or lead to a substance misuse or substance use | ||||||
| 19 | disorder abuse problem, including, but not limited to, | ||||||
| 20 | alcohol, cannabis and its active principles and their analogs, | ||||||
| 21 | benzodiazepines and their analogs, barbiturates and their | ||||||
| 22 | analogs, opioids (natural and synthetic) and their analogs, | ||||||
| 23 | and chloral hydrate and similar sedative hypnotics. | ||||||
| 24 | (n) (Blank). | ||||||
| 25 | (o) "Director" means the Director of the Illinois State | ||||||
| 26 | Police or his or her designated agents. | ||||||
| |||||||
| |||||||
| 1 | (p) "Dispense" means to deliver a controlled substance to | ||||||
| 2 | an ultimate user or research subject by or pursuant to the | ||||||
| 3 | lawful order of a prescriber, including the prescribing, | ||||||
| 4 | administering, packaging, labeling, or compounding necessary | ||||||
| 5 | to prepare the substance for that delivery. | ||||||
| 6 | (q) "Dispenser" means a practitioner who dispenses. | ||||||
| 7 | (r) "Distribute" means to deliver, other than by | ||||||
| 8 | administering or dispensing, a controlled substance. | ||||||
| 9 | (s) "Distributor" means a person who distributes. | ||||||
| 10 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
| 11 | official United States Pharmacopoeia, Official Homeopathic | ||||||
| 12 | Pharmacopoeia of the United States, or official National | ||||||
| 13 | Formulary, or any supplement to any of them; (2) substances | ||||||
| 14 | intended for use in diagnosis, cure, mitigation, treatment, or | ||||||
| 15 | prevention of disease in man or animals; (3) substances (other | ||||||
| 16 | than food) intended to affect the structure of any function of | ||||||
| 17 | the body of man or animals and (4) substances intended for use | ||||||
| 18 | as a component of any article specified in clause (1), (2), or | ||||||
| 19 | (3) of this subsection. It does not include devices or their | ||||||
| 20 | components, parts, or accessories. | ||||||
| 21 | (t-3) "Electronic health record" or "EHR" means an | ||||||
| 22 | electronic record of health-related information on an | ||||||
| 23 | individual that is created, gathered, managed, and consulted | ||||||
| 24 | by authorized health care clinicians and staff. | ||||||
| 25 | (t-3.5) "Electronic health record system" or "EHR system" | ||||||
| 26 | means any computer-based system or combination of federally | ||||||
| |||||||
| |||||||
| 1 | certified Health IT Modules (defined at 42 CFR 170.102 or its | ||||||
| 2 | successor) used as a repository for electronic health records | ||||||
| 3 | and accessed or updated by a prescriber or authorized | ||||||
| 4 | surrogate in the ordinary course of his or her medical | ||||||
| 5 | practice. For purposes of connecting to the Prescription | ||||||
| 6 | Information Library maintained by the Bureau of Pharmacy and | ||||||
| 7 | Clinical Support Systems or its successor, an EHR system may | ||||||
| 8 | connect to the Prescription Information Library directly or | ||||||
| 9 | through all or part of a computer program or system that is a | ||||||
| 10 | federally certified Health IT Module maintained by a third | ||||||
| 11 | party and used by the EHR system to secure access to the | ||||||
| 12 | database. | ||||||
| 13 | (t-4) "Emergency medical services personnel" has the | ||||||
| 14 | meaning ascribed to it in the Emergency Medical Services (EMS) | ||||||
| 15 | Systems Act. | ||||||
| 16 | (t-5) "Euthanasia agency" means an entity certified by the | ||||||
| 17 | Department of Financial and Professional Regulation for the | ||||||
| 18 | purpose of animal euthanasia that holds an animal control | ||||||
| 19 | facility license or animal shelter license under the Animal | ||||||
| 20 | Welfare Act. A euthanasia agency is authorized to purchase, | ||||||
| 21 | store, possess, and utilize Schedule II nonnarcotic and | ||||||
| 22 | Schedule III nonnarcotic drugs for the sole purpose of animal | ||||||
| 23 | euthanasia. | ||||||
| 24 | (t-10) "Euthanasia drugs" means Schedule II or Schedule | ||||||
| 25 | III substances (nonnarcotic controlled substances) that are | ||||||
| 26 | used by a euthanasia agency for the purpose of animal | ||||||
| |||||||
| |||||||
| 1 | euthanasia. | ||||||
| 2 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
| 3 | controlled substance by a practitioner in the regular course | ||||||
| 4 | of professional treatment to or for any person who is under his | ||||||
| 5 | or her treatment for a pathology or condition other than that | ||||||
| 6 | individual's physical or psychological dependence upon or | ||||||
| 7 | addiction to a controlled substance, except as provided | ||||||
| 8 | herein: and application of the term to a pharmacist shall mean | ||||||
| 9 | the dispensing of a controlled substance pursuant to the | ||||||
| 10 | prescriber's order which in the professional judgment of the | ||||||
| 11 | pharmacist is lawful. The pharmacist shall be guided by | ||||||
| 12 | accepted professional standards, including, but not limited | ||||||
| 13 | to, 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 | ||||||
| 26 | altered sensory perception leading to hallucinations of any | ||||||
| |||||||
| |||||||
| 1 | type. | ||||||
| 2 | (u-1) "Home infusion services" means services provided by | ||||||
| 3 | a pharmacy in compounding solutions for direct administration | ||||||
| 4 | to a patient in a private residence, long-term care facility, | ||||||
| 5 | or hospice setting by means of parenteral, intravenous, | ||||||
| 6 | intramuscular, subcutaneous, or intraspinal infusion. | ||||||
| 7 | (u-5) "Illinois State Police" means the Illinois State | ||||||
| 8 | Police 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, | ||||||
| 21 | educating or instructing by practitioners using controlled | ||||||
| 22 | substances within educational facilities approved by the State | ||||||
| 23 | Board of Education or its successor agency. | ||||||
| 24 | (x) "Local authorities" means a duly organized State, | ||||||
| 25 | County or Municipal peace unit or police force. | ||||||
| 26 | (y) "Look-alike substance" means a substance, other than a | ||||||
| |||||||
| |||||||
| 1 | controlled substance which (1) by overall dosage unit | ||||||
| 2 | appearance, including shape, color, size, markings or lack | ||||||
| 3 | thereof, taste, consistency, or any other identifying physical | ||||||
| 4 | characteristic of the substance, would lead a reasonable | ||||||
| 5 | person to believe that the substance is a controlled | ||||||
| 6 | substance, or (2) is expressly or impliedly represented to be | ||||||
| 7 | a controlled substance or is distributed under circumstances | ||||||
| 8 | which would lead a reasonable person to believe that the | ||||||
| 9 | substance is a controlled substance. For the purpose of | ||||||
| 10 | determining whether the representations made or the | ||||||
| 11 | circumstances of the distribution would lead a reasonable | ||||||
| 12 | person to believe the substance to be a controlled substance | ||||||
| 13 | under this clause (2) of subsection (y), the court or other | ||||||
| 14 | authority may consider the following factors in addition to | ||||||
| 15 | any 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 | ||||||
| |||||||
| |||||||
| 1 | reasonable retail market value of the substance. | ||||||
| 2 | Clause (1) of this subsection (y) shall not apply to a | ||||||
| 3 | noncontrolled substance in its finished dosage form that was | ||||||
| 4 | initially introduced into commerce prior to the initial | ||||||
| 5 | introduction into commerce of a controlled substance in its | ||||||
| 6 | finished dosage form which it may substantially resemble. | ||||||
| 7 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
| 8 | distributing of noncontrolled substances by persons authorized | ||||||
| 9 | to dispense and distribute controlled substances under this | ||||||
| 10 | Act, provided that such action would be deemed to be carried | ||||||
| 11 | out in good faith under subsection (u) if the substances | ||||||
| 12 | involved were controlled substances. | ||||||
| 13 | Nothing in this subsection (y) or in this Act prohibits | ||||||
| 14 | the manufacture, preparation, propagation, compounding, | ||||||
| 15 | processing, packaging, advertising or distribution of a drug | ||||||
| 16 | or drugs by any person registered pursuant to Section 510 of | ||||||
| 17 | the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). | ||||||
| 18 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
| 19 | located in a state of the United States that delivers, | ||||||
| 20 | dispenses or distributes, through the United States Postal | ||||||
| 21 | Service or other common carrier, to Illinois residents, any | ||||||
| 22 | substance which requires a prescription. | ||||||
| 23 | (z) "Manufacture" means the production, preparation, | ||||||
| 24 | propagation, compounding, conversion or processing of a | ||||||
| 25 | controlled substance other than methamphetamine, either | ||||||
| 26 | directly or indirectly, by extraction from substances of | ||||||
| |||||||
| |||||||
| 1 | natural origin, or independently by means of chemical | ||||||
| 2 | synthesis, or by a combination of extraction and chemical | ||||||
| 3 | synthesis, and includes any packaging or repackaging of the | ||||||
| 4 | substance or labeling of its container, except that this term | ||||||
| 5 | does 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 | ||||||
| 23 | under subsection (a) of Section 314.5 of this Act. | ||||||
| 24 | (z-10) "Mid-level practitioner" means (i) a physician | ||||||
| 25 | assistant who has been delegated authority to prescribe | ||||||
| 26 | through a written delegation of authority by a physician | ||||||
| |||||||
| |||||||
| 1 | licensed to practice medicine in all of its branches, in | ||||||
| 2 | accordance with Section 7.5 of the Physician Assistant | ||||||
| 3 | Practice Act of 1987, (ii) an advanced practice registered | ||||||
| 4 | nurse who has been delegated authority to prescribe through a | ||||||
| 5 | written delegation of authority by a physician licensed to | ||||||
| 6 | practice medicine in all of its branches or by a podiatric | ||||||
| 7 | physician, in accordance with Section 65-40 of the Nurse | ||||||
| 8 | Practice Act, (iii) an advanced practice registered nurse | ||||||
| 9 | certified as a nurse practitioner, nurse midwife, or clinical | ||||||
| 10 | nurse specialist who has been granted authority to prescribe | ||||||
| 11 | by a hospital affiliate in accordance with Section 65-45 of | ||||||
| 12 | the Nurse Practice Act, (iv) an animal euthanasia agency, or | ||||||
| 13 | (v) a prescribing psychologist. | ||||||
| 14 | (aa) "Narcotic drug" means any of the following, whether | ||||||
| 15 | produced directly or indirectly by extraction from substances | ||||||
| 16 | of vegetable origin, or independently by means of chemical | ||||||
| 17 | synthesis, or by a combination of extraction and chemical | ||||||
| 18 | synthesis: | ||||||
| 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); | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 14 | Nurse Practice Act. | ||||||
| 15 | (cc) (Blank). | ||||||
| 16 | (dd) "Opiate" means a drug derived from or related to | ||||||
| 17 | opium any substance having an addiction forming or addiction | ||||||
| 18 | sustaining liability similar to morphine or being capable of | ||||||
| 19 | conversion into a drug having addiction forming or addiction | ||||||
| 20 | sustaining liability. | ||||||
| 21 | (ee) "Opium poppy" means the plant of the species Papaver | ||||||
| 22 | somniferum L., except its seeds. | ||||||
| 23 | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||||||
| 24 | solution or other liquid form of medication intended for | ||||||
| 25 | administration by mouth, but the term does not include a form | ||||||
| 26 | of medication intended for buccal, sublingual, or transmucosal | ||||||
| |||||||
| |||||||
| 1 | administration. | ||||||
| 2 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
| 3 | Board of the State of Illinois or its successor agency. | ||||||
| 4 | (gg) "Person" means any individual, corporation, | ||||||
| 5 | mail-order pharmacy, government or governmental subdivision or | ||||||
| 6 | agency, business trust, estate, trust, partnership or | ||||||
| 7 | association, or any other entity. | ||||||
| 8 | (hh) "Pharmacist" means any person who holds a license or | ||||||
| 9 | certificate of registration as a registered pharmacist, a | ||||||
| 10 | local registered pharmacist or a registered assistant | ||||||
| 11 | pharmacist under the Pharmacy Practice Act. | ||||||
| 12 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
| 13 | which pharmacy is authorized to be practiced under the | ||||||
| 14 | Pharmacy Practice Act. | ||||||
| 15 | (ii-5) "Pharmacy shopping" means the conduct prohibited | ||||||
| 16 | under subsection (b) of Section 314.5 of this Act. | ||||||
| 17 | (ii-10) "Physician" (except when the context otherwise | ||||||
| 18 | requires) means a person licensed to practice medicine in all | ||||||
| 19 | of its branches. | ||||||
| 20 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
| 21 | the opium poppy, after mowing. | ||||||
| 22 | (kk) "Practitioner" means a physician licensed to practice | ||||||
| 23 | medicine in all its branches, dentist, optometrist, podiatric | ||||||
| 24 | physician, veterinarian, scientific investigator, pharmacist, | ||||||
| 25 | physician assistant, advanced practice registered nurse, | ||||||
| 26 | licensed practical nurse, registered nurse, emergency medical | ||||||
| |||||||
| |||||||
| 1 | services personnel, hospital, laboratory, or pharmacy, or | ||||||
| 2 | other person licensed, registered, or otherwise lawfully | ||||||
| 3 | permitted by the United States or this State to distribute, | ||||||
| 4 | dispense, conduct research with respect to, administer or use | ||||||
| 5 | in teaching or chemical analysis, a controlled substance in | ||||||
| 6 | the course of professional practice or research. | ||||||
| 7 | (ll) "Pre-printed prescription" means a written | ||||||
| 8 | prescription upon which the designated drug has been indicated | ||||||
| 9 | prior to the time of issuance; the term does not mean a written | ||||||
| 10 | prescription that is individually generated by machine or | ||||||
| 11 | computer in the prescriber's office. | ||||||
| 12 | (mm) "Prescriber" means a physician licensed to practice | ||||||
| 13 | medicine in all its branches, dentist, optometrist, | ||||||
| 14 | prescribing psychologist licensed under Section 4.2 of the | ||||||
| 15 | Clinical Psychologist Licensing Act with prescriptive | ||||||
| 16 | authority delegated under Section 4.3 of the Clinical | ||||||
| 17 | Psychologist Licensing Act, podiatric physician, or | ||||||
| 18 | veterinarian who issues a prescription, a physician assistant | ||||||
| 19 | who issues a prescription for a controlled substance in | ||||||
| 20 | accordance with Section 303.05, a written delegation, and a | ||||||
| 21 | written collaborative agreement required under Section 7.5 of | ||||||
| 22 | the Physician Assistant Practice Act of 1987, an advanced | ||||||
| 23 | practice registered nurse with prescriptive authority | ||||||
| 24 | delegated under Section 65-40 of the Nurse Practice Act and in | ||||||
| 25 | accordance with Section 303.05, a written delegation, and a | ||||||
| 26 | written collaborative agreement under Section 65-35 of the | ||||||
| |||||||
| |||||||
| 1 | Nurse Practice Act, an advanced practice registered nurse | ||||||
| 2 | certified as a nurse practitioner, nurse midwife, or clinical | ||||||
| 3 | nurse specialist who has been granted authority to prescribe | ||||||
| 4 | by a hospital affiliate in accordance with Section 65-45 of | ||||||
| 5 | the Nurse Practice Act and in accordance with Section 303.05, | ||||||
| 6 | or an advanced practice registered nurse certified as a nurse | ||||||
| 7 | practitioner, nurse midwife, or clinical nurse specialist who | ||||||
| 8 | has full practice authority pursuant to Section 65-43 of the | ||||||
| 9 | Nurse Practice Act. | ||||||
| 10 | (nn) "Prescription" means a written, facsimile, or oral | ||||||
| 11 | order, or an electronic order that complies with applicable | ||||||
| 12 | federal requirements, of a physician licensed to practice | ||||||
| 13 | medicine in all its branches, dentist, podiatric physician or | ||||||
| 14 | veterinarian for any controlled substance, of an optometrist | ||||||
| 15 | in accordance with Section 15.1 of the Illinois Optometric | ||||||
| 16 | Practice Act of 1987, of a prescribing psychologist licensed | ||||||
| 17 | under Section 4.2 of the Clinical Psychologist Licensing Act | ||||||
| 18 | with prescriptive authority delegated under Section 4.3 of the | ||||||
| 19 | Clinical Psychologist Licensing Act, of a physician assistant | ||||||
| 20 | for a controlled substance in accordance with Section 303.05, | ||||||
| 21 | a written delegation, and a written collaborative agreement | ||||||
| 22 | required under Section 7.5 of the Physician Assistant Practice | ||||||
| 23 | Act of 1987, of an advanced practice registered nurse with | ||||||
| 24 | prescriptive authority delegated under Section 65-40 of the | ||||||
| 25 | Nurse Practice Act who issues a prescription for a controlled | ||||||
| 26 | substance in accordance with Section 303.05, a written | ||||||
| |||||||
| |||||||
| 1 | delegation, and a written collaborative agreement under | ||||||
| 2 | Section 65-35 of the Nurse Practice Act, of an advanced | ||||||
| 3 | practice registered nurse certified as a nurse practitioner, | ||||||
| 4 | nurse midwife, or clinical nurse specialist who has been | ||||||
| 5 | granted authority to prescribe by a hospital affiliate in | ||||||
| 6 | accordance with Section 65-45 of the Nurse Practice Act and in | ||||||
| 7 | accordance with Section 303.05 when required by law, or of an | ||||||
| 8 | advanced practice registered nurse certified as a nurse | ||||||
| 9 | practitioner, nurse midwife, or clinical nurse specialist who | ||||||
| 10 | has full practice authority pursuant to Section 65-43 of the | ||||||
| 11 | Nurse Practice Act. | ||||||
| 12 | (nn-5) "Prescription Information Library" (PIL) means an | ||||||
| 13 | electronic library that contains reported controlled substance | ||||||
| 14 | data. | ||||||
| 15 | (nn-10) "Prescription Monitoring Program" (PMP) means the | ||||||
| 16 | entity that collects, tracks, and stores reported data on | ||||||
| 17 | controlled substances and select drugs pursuant to Section | ||||||
| 18 | 316. | ||||||
| 19 | (oo) "Production" or "produce" means manufacture, | ||||||
| 20 | planting, cultivating, growing, or harvesting of a controlled | ||||||
| 21 | substance other than methamphetamine. | ||||||
| 22 | (pp) "Registrant" means every person who is required to | ||||||
| 23 | register under Section 302 of this Act. | ||||||
| 24 | (qq) "Registry number" means the number assigned to each | ||||||
| 25 | person authorized to handle controlled substances under the | ||||||
| 26 | laws of the United States and of this State. | ||||||
| |||||||
| |||||||
| 1 | (qq-5) "Secretary" means, as the context requires, either | ||||||
| 2 | the Secretary of the Department or the Secretary of the | ||||||
| 3 | Department of Financial and Professional Regulation, and the | ||||||
| 4 | Secretary's designated agents. | ||||||
| 5 | (rr) "State" includes the State of Illinois and any state, | ||||||
| 6 | district, commonwealth, territory, insular possession thereof, | ||||||
| 7 | and any area subject to the legal authority of the United | ||||||
| 8 | States of America. | ||||||
| 9 | (rr-5) "Stimulant" means any drug that (i) causes an | ||||||
| 10 | overall excitation of central nervous system functions, (ii) | ||||||
| 11 | causes impaired consciousness and awareness, and (iii) can be | ||||||
| 12 | habit-forming or lead to a substance use disorder abuse | ||||||
| 13 | problem, including, but not limited to, amphetamines and their | ||||||
| 14 | analogs, methylphenidate and its analogs, cocaine, and | ||||||
| 15 | phencyclidine and its analogs. | ||||||
| 16 | (rr-10) "Synthetic drug" includes, but is not limited to, | ||||||
| 17 | any synthetic cannabinoids or piperazines or any synthetic | ||||||
| 18 | cathinones as provided for in Schedule I. | ||||||
| 19 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
| 20 | a controlled substance for his or her own use or for the use of | ||||||
| 21 | a member of his or her household or for administering to an | ||||||
| 22 | animal owned by him or her or by a member of his or her | ||||||
| 23 | household. | ||||||
| 24 | (Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22; | ||||||
| 25 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201) | ||||||
| 2 | Sec. 201. (a) The Department shall carry out the | ||||||
| 3 | provisions of this Article. The Department or its successor | ||||||
| 4 | agency may, by administrative rule, add additional substances | ||||||
| 5 | to or delete or reschedule all controlled substances in the | ||||||
| 6 | Schedules of Sections 204, 206, 208, 210 and 212 of this Act. | ||||||
| 7 | In making a determination regarding the addition, deletion, or | ||||||
| 8 | rescheduling of a substance, the Department shall consider the | ||||||
| 9 | following: | ||||||
| 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 | ||||||
| |||||||
| |||||||
| 1 | health impairment. | ||||||
| 2 | (b) (Blank). | ||||||
| 3 | (c) (Blank). | ||||||
| 4 | (d) If any substance is scheduled, rescheduled, or deleted | ||||||
| 5 | as a controlled substance under Federal law and notice thereof | ||||||
| 6 | is given to the Department, the Department shall similarly | ||||||
| 7 | control the substance under this Act after the expiration of | ||||||
| 8 | 30 days from publication in the Federal Register of a final | ||||||
| 9 | order scheduling a substance as a controlled substance or | ||||||
| 10 | rescheduling or deleting a substance, unless within that 30 | ||||||
| 11 | day period the Department objects, or a party adversely | ||||||
| 12 | affected files with the Department substantial written | ||||||
| 13 | objections objecting to inclusion, rescheduling, or deletion. | ||||||
| 14 | In that case, the Department shall publish the reasons for | ||||||
| 15 | objection or the substantial written objections and afford all | ||||||
| 16 | interested parties an opportunity to be heard. At the | ||||||
| 17 | conclusion of the hearing, the Department shall publish its | ||||||
| 18 | decision, by means of a rule, which shall be final unless | ||||||
| 19 | altered by statute. Upon publication of objections by the | ||||||
| 20 | Department, similar control under this Act whether by | ||||||
| 21 | inclusion, rescheduling or deletion is stayed until the | ||||||
| 22 | Department publishes its ruling. | ||||||
| 23 | (e) (Blank). | ||||||
| 24 | (f) (Blank). | ||||||
| 25 | (g) Authority to control under this Section does not | ||||||
| 26 | extend to distilled spirits, wine, malt beverages, or tobacco | ||||||
| |||||||
| |||||||
| 1 | as those terms are defined or used in the Liquor Control Act of | ||||||
| 2 | 1934 and the Tobacco Products Tax Act of 1995. | ||||||
| 3 | (h) Persons registered with the Drug Enforcement | ||||||
| 4 | Administration to manufacture or distribute controlled | ||||||
| 5 | substances shall maintain adequate security and provide | ||||||
| 6 | effective controls and procedures to guard against theft and | ||||||
| 7 | diversion, but shall not otherwise be required to meet the | ||||||
| 8 | physical security control requirements (such as cage or vault) | ||||||
| 9 | for Schedule V controlled substances containing | ||||||
| 10 | pseudoephedrine or Schedule II controlled substances | ||||||
| 11 | containing 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 | ||||||
| 15 | recommendations of its Prescription Monitoring Program | ||||||
| 16 | Advisory Committee, may issue a rule scheduling a substance in | ||||||
| 17 | Schedule 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) | ||||||
| |||||||
| |||||||
| 1 | Sec. 205. The Department, taking into consideration the | ||||||
| 2 | recommendations of its Prescription Monitoring Program | ||||||
| 3 | Advisory Committee, may issue a rule scheduling a substance in | ||||||
| 4 | Schedule 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 | ||||||
| 14 | recommendations of its Prescription Monitoring Program | ||||||
| 15 | Advisory Committee, may issue a rule scheduling a substance in | ||||||
| 16 | Schedule 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.)
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 570/208) (from Ch. 56 1/2, par. 1208) | ||||||
| 2 | Sec. 208. (a) The controlled substances listed in this | ||||||
| 3 | Section are included in Schedule III. | ||||||
| 4 | (b) Unless specifically excepted or unless listed in | ||||||
| 5 | another schedule, any material, compound, mixture, or | ||||||
| 6 | preparation which contains any quantity of the following | ||||||
| 7 | substances having a stimulant effect on the central nervous | ||||||
| 8 | system, including its salts, isomers (whether optical | ||||||
| 9 | position, or geometric), and salts of such isomers whenever | ||||||
| 10 | the existence of such salts, isomers, and salts of isomers is | ||||||
| 11 | possible 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 | ||||||
| 26 | another schedule, any material, compound, mixture, or | ||||||
| |||||||
| |||||||
| 1 | preparation which contains any quantity of the following | ||||||
| 2 | substances having a potential for misuse abuse associated with | ||||||
| 3 | a 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 23 | another schedule, any material, compound, mixture, or | ||||||
| 24 | preparation containing limited quantities of any of the | ||||||
| 25 | following narcotic drugs, or their salts calculated as the | ||||||
| 26 | free anhydrous base or alkaloid, as set forth below: | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 1 | amounts. | ||||||
| 2 | (f) Anabolic steroids, except the following anabolic | ||||||
| 3 | steroids 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- | ||||||
| |||||||
| |||||||
| 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, | ||||||
| 5 | mixture, or preparation containing any stimulant or depressant | ||||||
| 6 | substance listed in subsection (b) from the application of all | ||||||
| 7 | or any part of this Act if the compound, mixture, or | ||||||
| 8 | preparation contains one or more active medicinal ingredients | ||||||
| 9 | not having a stimulant or depressant effect on the central | ||||||
| 10 | nervous system, and if the admixtures are included therein in | ||||||
| 11 | combinations, quantity, proportion, or concentration that | ||||||
| 12 | vitiate the potential for misuse abuse of the substances which | ||||||
| 13 | have a stimulant or depressant effect on the central nervous | ||||||
| 14 | system. | ||||||
| 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 | ||||||
| 18 | recommendations of its Prescription Monitoring Program | ||||||
| 19 | Advisory Committee, may issue a rule scheduling a substance in | ||||||
| 20 | Schedule 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 6 | Section are included in Schedule IV. | ||||||
| 7 | (b) Unless specifically excepted or unless listed in | ||||||
| 8 | another schedule, any material, compound, mixture, or | ||||||
| 9 | preparation containing limited quantities of any of the | ||||||
| 10 | following narcotic drugs, or their salts calculated as the | ||||||
| 11 | free 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 | ||||||
| 18 | another schedule, any material, compound, mixture, or | ||||||
| 19 | preparation which contains any quantity of the following | ||||||
| 20 | substances having a potential for misuse abuse associated with | ||||||
| 21 | a depressant effect on the central nervous system: | ||||||
| 22 | (1) Alprazolam; | ||||||
| 23 | (2) Barbital; | ||||||
| 24 | (2.1) Bromazepam; | ||||||
| 25 | (2.2) Camazepam; | ||||||
| |||||||
| |||||||
| 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; | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 26 | contains any quantity of the following substances, including | ||||||
| |||||||
| |||||||
| 1 | its salts, isomers (whether optical, position, or geometric), | ||||||
| 2 | and salts of such isomers, whenever the existence of such | ||||||
| 3 | salts, isomers and salts of isomers is possible: | ||||||
| 4 | (1) Fenfluramine. | ||||||
| 5 | (e) Unless specifically excepted or unless listed in | ||||||
| 6 | another schedule any material, compound, mixture, or | ||||||
| 7 | preparation which contains any quantity of the following | ||||||
| 8 | substances having a stimulant effect on the central nervous | ||||||
| 9 | system, including its salts, isomers (whether optical, | ||||||
| 10 | position or geometric), and salts of such isomers whenever the | ||||||
| 11 | existence of such salts, isomers, and salts of isomers is | ||||||
| 12 | possible 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 | ||||||
| |||||||
| |||||||
| 1 | unless listed in another schedule, any material, compound, | ||||||
| 2 | mixture, or preparation that contains any quantity of the | ||||||
| 3 | following substance, including its salts: | ||||||
| 4 | (1) Butorphanol (including its optical isomers). | ||||||
| 5 | (g) The Department may except by rule any compound, | ||||||
| 6 | mixture, or preparation containing any depressant substance | ||||||
| 7 | listed in subsection (b) from the application of all or any | ||||||
| 8 | part of this Act if the compound, mixture, or preparation | ||||||
| 9 | contains one or more active medicinal ingredients not having a | ||||||
| 10 | depressant effect on the central nervous system, and if the | ||||||
| 11 | admixtures are included therein in combinations, quantity, | ||||||
| 12 | proportion, or concentration that vitiate the potential for | ||||||
| 13 | misuse abuse of the substances which have a depressant effect | ||||||
| 14 | on the central nervous system. | ||||||
| 15 | (h) Except as otherwise provided in Section 216, any | ||||||
| 16 | material, compound, mixture, or preparation that contains any | ||||||
| 17 | quantity of the following substance having a stimulant effect | ||||||
| 18 | on the central nervous system, including its salts, | ||||||
| 19 | enantiomers (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 | ||||||
| |||||||
| |||||||
| 1 | recommendations of its Prescription Monitoring Program | ||||||
| 2 | Advisory Committee, may issue a rule scheduling a substance in | ||||||
| 3 | Schedule 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 | ||||||
| 18 | salts, optical isomers and salts of optical isomers shall be | ||||||
| 19 | exempt from the application of Sections 312 and 313 of this Act | ||||||
| 20 | if they: (i) may lawfully be sold over-the-counter without a | ||||||
| 21 | prescription under the Federal Food, Drug, and Cosmetic Act; | ||||||
| 22 | (ii) are labeled and marketed in a manner consistent with | ||||||
| 23 | Section 341.76 of Title 21 of the Code of Federal Regulations; | ||||||
| 24 | (iii) are manufactured and distributed for legitimate | ||||||
| 25 | medicinal use in a manner that reduces or eliminates the | ||||||
| |||||||
| |||||||
| 1 | likelihood of abuse; and (iv) are not marketed, advertised, or | ||||||
| 2 | labeled for the indications of stimulation, mental alertness, | ||||||
| 3 | weight 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 | ||||||
| 11 | containing ephedrine, a salt of ephedrine, an optical isomer | ||||||
| 12 | of ephedrine, or a salt of an optical isomer of ephedrine, for | ||||||
| 13 | the indications of stimulation, mental alertness, weight loss, | ||||||
| 14 | appetite control, or energy, is prohibited. In determining | ||||||
| 15 | compliance with this requirement the Department may consider | ||||||
| 16 | the 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 | ||||||
| 26 | second or subsequent violation of this Section is a Class 4 | ||||||
| |||||||
| |||||||
| 1 | felony. | ||||||
| 2 | (d) This Section does not apply to dietary supplements, | ||||||
| 3 | herbs, or other natural products, including concentrates or | ||||||
| 4 | extracts, 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 | ||||||
| 15 | the 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 | ||||||
| 19 | substances. | ||||||
| 20 | (a) A practitioner, in good faith, may dispense a Schedule | ||||||
| 21 | II controlled substance, which is a narcotic drug listed in | ||||||
| 22 | Section 206 of this Act; or which contains any quantity of | ||||||
| 23 | amphetamine or methamphetamine, their salts, optical isomers | ||||||
| 24 | or salts of optical isomers; phenmetrazine and its salts; or | ||||||
| 25 | pentazocine; and Schedule III, IV, or V controlled substances | ||||||
| |||||||
| |||||||
| 1 | to any person upon a written or electronic prescription of any | ||||||
| 2 | prescriber, dated and signed by the person prescribing (or | ||||||
| 3 | electronically validated in compliance with Section 311.5) on | ||||||
| 4 | the day when issued and bearing the name and address of the | ||||||
| 5 | patient for whom, or the owner of the animal for which the | ||||||
| 6 | controlled substance is dispensed, and the full name, address | ||||||
| 7 | and registry number under the laws of the United States | ||||||
| 8 | relating to controlled substances of the prescriber, if he or | ||||||
| 9 | she is required by those laws to be registered. If the | ||||||
| 10 | prescription is for an animal it shall state the species of | ||||||
| 11 | animal for which it is ordered. The practitioner filling the | ||||||
| 12 | prescription shall, unless otherwise permitted, write the date | ||||||
| 13 | of filling and his or her own signature on the face of the | ||||||
| 14 | written prescription or, alternatively, shall indicate such | ||||||
| 15 | filling using a unique identifier as defined in paragraph (v) | ||||||
| 16 | of Section 3 of the Pharmacy Practice Act. The written | ||||||
| 17 | prescription shall be retained on file by the practitioner who | ||||||
| 18 | filled it or pharmacy in which the prescription was filled for | ||||||
| 19 | a period of 2 years, so as to be readily accessible for | ||||||
| 20 | inspection or removal by any officer or employee engaged in | ||||||
| 21 | the enforcement of this Act. Whenever the practitioner's or | ||||||
| 22 | pharmacy's copy of any prescription is removed by an officer | ||||||
| 23 | or employee engaged in the enforcement of this Act, for the | ||||||
| 24 | purpose of investigation or as evidence, such officer or | ||||||
| 25 | employee shall give to the practitioner or pharmacy a receipt | ||||||
| 26 | in lieu thereof. If the specific prescription is machine or | ||||||
| |||||||
| |||||||
| 1 | computer generated and printed at the prescriber's office, the | ||||||
| 2 | date does not need to be handwritten. A prescription for a | ||||||
| 3 | Schedule II controlled substance shall not be issued for more | ||||||
| 4 | than a 30 day supply, except as provided in subsection (a-5), | ||||||
| 5 | and shall be valid for up to 90 days after the date of | ||||||
| 6 | issuance. A written prescription for Schedule III, IV or V | ||||||
| 7 | controlled substances shall not be filled or refilled more | ||||||
| 8 | than 6 months after the date thereof or refilled more than 5 | ||||||
| 9 | times unless renewed, in writing, by the prescriber. A | ||||||
| 10 | pharmacy shall maintain a policy regarding the type of | ||||||
| 11 | identification necessary, if any, to receive a prescription in | ||||||
| 12 | accordance with State and federal law. The pharmacy must post | ||||||
| 13 | such information where prescriptions are filled. | ||||||
| 14 | (a-5) Physicians may issue multiple prescriptions (3 | ||||||
| 15 | sequential 30-day supplies) for the same Schedule II | ||||||
| 16 | controlled substance, authorizing up to a 90-day supply. | ||||||
| 17 | Before authorizing a 90-day supply of a Schedule II controlled | ||||||
| 18 | substance, 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 7 | shall inform the patient that opioids are addictive and that | ||||||
| 8 | opioid antagonists are available by prescription or from a | ||||||
| 9 | pharmacy. | ||||||
| 10 | (b) In lieu of a written prescription required by this | ||||||
| 11 | Section, a pharmacist, in good faith, may dispense Schedule | ||||||
| 12 | III, IV, or V substances to any person either upon receiving a | ||||||
| 13 | facsimile of a written, signed prescription transmitted by the | ||||||
| 14 | prescriber or the prescriber's agent or upon a lawful oral | ||||||
| 15 | prescription of a prescriber which oral prescription shall be | ||||||
| 16 | reduced promptly to writing by the pharmacist and such written | ||||||
| 17 | memorandum thereof shall be dated on the day when such oral | ||||||
| 18 | prescription is received by the pharmacist and shall bear the | ||||||
| 19 | full name and address of the ultimate user for whom, or of the | ||||||
| 20 | owner of the animal for which the controlled substance is | ||||||
| 21 | dispensed, and the full name, address, and registry number | ||||||
| 22 | under the law of the United States relating to controlled | ||||||
| 23 | substances of the prescriber prescribing if he or she is | ||||||
| 24 | required by those laws to be so registered, and the pharmacist | ||||||
| 25 | filling such oral prescription shall write the date of filling | ||||||
| 26 | and his or her own signature on the face of such written | ||||||
| |||||||
| |||||||
| 1 | memorandum thereof. The facsimile copy of the prescription or | ||||||
| 2 | written memorandum of the oral prescription shall be retained | ||||||
| 3 | on file by the proprietor of the pharmacy in which it is filled | ||||||
| 4 | for a period of not less than two years, so as to be readily | ||||||
| 5 | accessible for inspection by any officer or employee engaged | ||||||
| 6 | in the enforcement of this Act in the same manner as a written | ||||||
| 7 | prescription. The facsimile copy of the prescription or oral | ||||||
| 8 | prescription and the written memorandum thereof shall not be | ||||||
| 9 | filled or refilled more than 6 months after the date thereof or | ||||||
| 10 | be refilled more than 5 times, unless renewed, in writing, by | ||||||
| 11 | the prescriber. | ||||||
| 12 | (c) Except for any non-prescription targeted | ||||||
| 13 | methamphetamine precursor regulated by the Methamphetamine | ||||||
| 14 | Precursor Control Act, a controlled substance included in | ||||||
| 15 | Schedule V shall not be distributed or dispensed other than | ||||||
| 16 | for a medical purpose and not for the purpose of evading this | ||||||
| 17 | Act, 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 | ||||||
| 26 | purchaser, the name and quantity of the product, the date and | ||||||
| |||||||
| |||||||
| 1 | time of the sale, and the dispenser's signature. | ||||||
| 2 | No person shall purchase or be dispensed more than 120 | ||||||
| 3 | milliliters or more than 120 grams of any Schedule V substance | ||||||
| 4 | which contains codeine, dihydrocodeine, or any salts thereof, | ||||||
| 5 | or ethylmorphine, or any salts thereof, in any 96-hour period. | ||||||
| 6 | The purchaser shall sign a form, approved by the Department of | ||||||
| 7 | Financial and Professional Regulation, attesting that he or | ||||||
| 8 | she has not purchased any Schedule V controlled substances | ||||||
| 9 | within the immediately preceding 96 hours. | ||||||
| 10 | All records of purchases and sales shall be maintained for | ||||||
| 11 | not less than 2 years. | ||||||
| 12 | No person shall obtain or attempt to obtain within any | ||||||
| 13 | consecutive 96-hour period any Schedule V substances of more | ||||||
| 14 | than 120 milliliters or more than 120 grams containing | ||||||
| 15 | codeine, dihydrocodeine or any of its salts, or ethylmorphine | ||||||
| 16 | or any of its salts. Any person obtaining any such | ||||||
| 17 | preparations or combination of preparations in excess of this | ||||||
| 18 | limitation shall be in unlawful possession of such controlled | ||||||
| 19 | substance. | ||||||
| 20 | A person qualified to dispense controlled substances under | ||||||
| 21 | this Act and registered thereunder shall at no time maintain | ||||||
| 22 | or keep in stock a quantity of Schedule V controlled | ||||||
| 23 | substances in excess of 4.5 liters for each substance; a | ||||||
| 24 | pharmacy shall at no time maintain or keep in stock a quantity | ||||||
| 25 | of Schedule V controlled substances as defined in excess of | ||||||
| 26 | 4.5 liters for each substance, plus the additional quantity of | ||||||
| |||||||
| |||||||
| 1 | controlled substances necessary to fill the largest number of | ||||||
| 2 | prescription orders filled by that pharmacy for such | ||||||
| 3 | controlled substances in any one week in the previous year. | ||||||
| 4 | These limitations shall not apply to Schedule V controlled | ||||||
| 5 | substances which Federal law prohibits from being dispensed | ||||||
| 6 | without a prescription. | ||||||
| 7 | No person shall distribute or dispense butyl nitrite for | ||||||
| 8 | inhalation or other introduction into the human body for | ||||||
| 9 | euphoric or physical effect. | ||||||
| 10 | (d) Every practitioner shall keep a record or log of | ||||||
| 11 | controlled substances received by him or her and a record of | ||||||
| 12 | all such controlled substances administered, dispensed or | ||||||
| 13 | professionally used by him or her otherwise than by | ||||||
| 14 | prescription. It shall, however, be sufficient compliance with | ||||||
| 15 | this paragraph if any practitioner utilizing controlled | ||||||
| 16 | substances listed in Schedules III, IV and V shall keep a | ||||||
| 17 | record of all those substances dispensed and distributed by | ||||||
| 18 | him or her other than those controlled substances which are | ||||||
| 19 | administered by the direct application of a controlled | ||||||
| 20 | substance, whether by injection, inhalation, ingestion, or any | ||||||
| 21 | other means to the body of a patient or research subject. A | ||||||
| 22 | practitioner who dispenses, other than by administering, a | ||||||
| 23 | controlled substance in Schedule II, which is a narcotic drug | ||||||
| 24 | listed in Section 206 of this Act, or which contains any | ||||||
| 25 | quantity of amphetamine or methamphetamine, their salts, | ||||||
| 26 | optical isomers or salts of optical isomers, pentazocine, or | ||||||
| |||||||
| |||||||
| 1 | methaqualone shall do so only upon the issuance of a written | ||||||
| 2 | prescription blank or electronic prescription issued by a | ||||||
| 3 | prescriber. | ||||||
| 4 | (e) Whenever a manufacturer distributes a controlled | ||||||
| 5 | substance in a package prepared by him or her, and whenever a | ||||||
| 6 | wholesale distributor distributes a controlled substance in a | ||||||
| 7 | package prepared by him or her or the manufacturer, he or she | ||||||
| 8 | shall securely affix to each package in which that substance | ||||||
| 9 | is contained a label showing in legible English the name and | ||||||
| 10 | address of the manufacturer, the distributor and the quantity, | ||||||
| 11 | kind and form of controlled substance contained therein. No | ||||||
| 12 | person except a pharmacist and only for the purposes of | ||||||
| 13 | filling a prescription under this Act, shall alter, deface or | ||||||
| 14 | remove any label so affixed. | ||||||
| 15 | (f) Whenever a practitioner dispenses any controlled | ||||||
| 16 | substance except a non-prescription Schedule V product or a | ||||||
| 17 | non-prescription targeted methamphetamine precursor regulated | ||||||
| 18 | by the Methamphetamine Precursor Control Act, he or she shall | ||||||
| 19 | affix to the container in which such substance is sold or | ||||||
| 20 | dispensed, a label indicating the date of initial filling, the | ||||||
| 21 | practitioner's name and address, the name of the patient, the | ||||||
| 22 | name of the prescriber, the directions for use and cautionary | ||||||
| 23 | statements, if any, contained in any prescription or required | ||||||
| 24 | by law, the proprietary name or names or the established name | ||||||
| 25 | of the controlled substance, and the dosage and quantity, | ||||||
| 26 | except as otherwise authorized by regulation by the Department | ||||||
| |||||||
| |||||||
| 1 | of Financial and Professional Regulation. No person shall | ||||||
| 2 | alter, deface or remove any label so affixed as long as the | ||||||
| 3 | specific medication remains in the container. | ||||||
| 4 | (g) A person to whom or for whose use any controlled | ||||||
| 5 | substance has been prescribed or dispensed by a practitioner, | ||||||
| 6 | or other persons authorized under this Act, and the owner of | ||||||
| 7 | any animal for which such substance has been prescribed or | ||||||
| 8 | dispensed by a veterinarian, may lawfully possess such | ||||||
| 9 | substance only in the container in which it was delivered to | ||||||
| 10 | him or her by the person dispensing such substance. | ||||||
| 11 | (h) The responsibility for the proper prescribing or | ||||||
| 12 | dispensing of controlled substances that are under the | ||||||
| 13 | prescriber's direct control is upon the prescriber. The | ||||||
| 14 | responsibility for the proper filling of a prescription for | ||||||
| 15 | controlled substance drugs rests with the pharmacist. An order | ||||||
| 16 | purporting to be a prescription issued to any individual, | ||||||
| 17 | which is not in the regular course of professional treatment | ||||||
| 18 | nor part of an authorized methadone maintenance program, nor | ||||||
| 19 | in legitimate and authorized research instituted by any | ||||||
| 20 | accredited hospital, educational institution, charitable | ||||||
| 21 | foundation, or federal, state or local governmental agency, | ||||||
| 22 | and which is intended to provide that individual with | ||||||
| 23 | controlled substances sufficient to maintain that individual's | ||||||
| 24 | or any other individual's physical or psychological addiction, | ||||||
| 25 | habitual or customary use, dependence, or diversion of that | ||||||
| 26 | controlled substance is not a prescription within the meaning | ||||||
| |||||||
| |||||||
| 1 | and intent of this Act; and the person issuing it, shall be | ||||||
| 2 | subject to the penalties provided for violations of the law | ||||||
| 3 | relating to controlled substances. | ||||||
| 4 | (i) A prescriber shall not pre-print or cause to be | ||||||
| 5 | pre-printed a prescription for any controlled substance; nor | ||||||
| 6 | shall any practitioner issue, fill or cause to be issued or | ||||||
| 7 | filled, a pre-printed prescription for any controlled | ||||||
| 8 | substance. | ||||||
| 9 | (i-5) A prescriber may use a machine or electronic device | ||||||
| 10 | to individually generate a printed prescription, but the | ||||||
| 11 | prescriber is still required to affix his or her manual | ||||||
| 12 | signature. | ||||||
| 13 | (j) No person shall manufacture, dispense, deliver, | ||||||
| 14 | possess with intent to deliver, prescribe, or administer or | ||||||
| 15 | cause to be administered under his or her direction any | ||||||
| 16 | anabolic steroid, for any use in humans other than the | ||||||
| 17 | treatment of disease in accordance with the order of a | ||||||
| 18 | physician licensed to practice medicine in all its branches | ||||||
| 19 | for a valid medical purpose in the course of professional | ||||||
| 20 | practice. The use of anabolic steroids for the purpose of | ||||||
| 21 | hormonal manipulation that is intended to increase muscle | ||||||
| 22 | mass, strength or weight without a medical necessity to do so, | ||||||
| 23 | or for the intended purpose of improving physical appearance | ||||||
| 24 | or performance in any form of exercise, sport, or game, is not | ||||||
| 25 | a valid medical purpose or in the course of professional | ||||||
| 26 | practice. | ||||||
| |||||||
| |||||||
| 1 | (k) Controlled substances may be mailed if all of the | ||||||
| 2 | following 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 | ||||||
| 17 | contrary, emergency medical services personnel may administer | ||||||
| 18 | Schedule II, III, IV, or V controlled substances to a person in | ||||||
| 19 | the scope of their employment without a written, electronic, | ||||||
| 20 | or 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 | ||||||
| 24 | administered in hospitals or institutions licensed under the | ||||||
| 25 | Hospital Licensing Act shall be exempt from the requirements | ||||||
| |||||||
| |||||||
| 1 | of Sections 312, 315.6, and 316, except that the prescription | ||||||
| 2 | for the controlled substance shall be in writing on the | ||||||
| 3 | patient's record, signed by the prescriber, and dated, and | ||||||
| 4 | shall state the name and quantity of controlled substances | ||||||
| 5 | ordered and the quantity actually administered. The records of | ||||||
| 6 | such prescriptions shall be maintained for two years and shall | ||||||
| 7 | be available for inspection by officers and employees of the | ||||||
| 8 | Illinois State Police and the Department of Financial and | ||||||
| 9 | Professional Regulation. | ||||||
| 10 | The exemption under this subsection (a) does not apply to | ||||||
| 11 | a prescription (including an outpatient prescription from an | ||||||
| 12 | emergency department or outpatient clinic) for more than a | ||||||
| 13 | 72-hour supply of a discharge medication to be consumed | ||||||
| 14 | outside of the hospital or institution. | ||||||
| 15 | (b) Controlled substances that can lawfully be | ||||||
| 16 | administered or dispensed directly to a patient in a long-term | ||||||
| 17 | care facility licensed by the Department of Public Health as a | ||||||
| 18 | skilled nursing facility, intermediate care facility, or | ||||||
| 19 | long-term care facility for residents under 22 years of age, | ||||||
| 20 | are exempt from the requirements of Section 312 except that a | ||||||
| 21 | prescription for a Schedule II controlled substance must be | ||||||
| 22 | either a prescription signed by the prescriber or a | ||||||
| 23 | prescription transmitted by the prescriber or prescriber's | ||||||
| 24 | agent to the dispensing pharmacy by facsimile. The facsimile | ||||||
| 25 | serves as the original prescription and must be maintained for | ||||||
| 26 | 2 years from the date of issue in the same manner as a written | ||||||
| |||||||
| |||||||
| 1 | prescription signed by the prescriber. | ||||||
| 2 | (c) A prescription that is generated for a Schedule II | ||||||
| 3 | controlled substance to be compounded for direct | ||||||
| 4 | administration to a patient in a private residence, long-term | ||||||
| 5 | care facility, or hospice program may be transmitted by | ||||||
| 6 | facsimile by the prescriber or the prescriber's agent to the | ||||||
| 7 | pharmacy providing the home infusion services. The facsimile | ||||||
| 8 | serves as the original prescription for purposes of this | ||||||
| 9 | paragraph (c) and it shall be maintained in the same manner as | ||||||
| 10 | the original prescription. | ||||||
| 11 | (c-1) A prescription generated for a Schedule II | ||||||
| 12 | controlled substance for a patient residing in a hospice | ||||||
| 13 | certified by Medicare under Title XVIII of the Social Security | ||||||
| 14 | Act or licensed by the State may be transmitted by the | ||||||
| 15 | practitioner or the practitioner's agent to the dispensing | ||||||
| 16 | pharmacy by facsimile or electronically as provided in Section | ||||||
| 17 | 311.5. The practitioner or practitioner's agent must note on | ||||||
| 18 | the prescription that the patient is a hospice patient. The | ||||||
| 19 | facsimile or electronic record serves as the original | ||||||
| 20 | prescription for purposes of this paragraph (c-1) and it shall | ||||||
| 21 | be maintained in the same manner as the original prescription. | ||||||
| 22 | (d) Controlled substances which are lawfully administered | ||||||
| 23 | and/or dispensed in substance use disorder drug abuse | ||||||
| 24 | treatment programs licensed by the Department shall be exempt | ||||||
| 25 | from the requirements of Sections 312 and 316, except that the | ||||||
| 26 | prescription for such controlled substances shall be issued | ||||||
| |||||||
| |||||||
| 1 | and authenticated on official prescription logs prepared and | ||||||
| 2 | maintained in accordance with 77 Ill. Adm. Code 2060: | ||||||
| 3 | Alcoholism and Substance Abuse Treatment and Intervention | ||||||
| 4 | Licenses, and in compliance with other applicable State and | ||||||
| 5 | federal laws. The Department-licensed drug treatment program | ||||||
| 6 | shall report applicable prescriptions via electronic record | ||||||
| 7 | keeping software approved by the Department. This software | ||||||
| 8 | must be compatible with the specifications of the Department. | ||||||
| 9 | Substance use disorder Drug abuse treatment programs shall | ||||||
| 10 | report to the Department methadone prescriptions or | ||||||
| 11 | medications dispensed through the use of Department-approved | ||||||
| 12 | File Transfer Protocols (FTPs). Methadone prescription records | ||||||
| 13 | must be maintained in accordance with the applicable | ||||||
| 14 | requirements as set forth by the Department in accordance with | ||||||
| 15 | 77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse | ||||||
| 16 | Treatment and Intervention Licenses, and in compliance with | ||||||
| 17 | other applicable State and federal laws. | ||||||
| 18 | (e) Nothing in this Act shall be construed to limit the | ||||||
| 19 | authority of a hospital pursuant to Section 65-45 of the Nurse | ||||||
| 20 | Practice Act to grant hospital clinical privileges to an | ||||||
| 21 | individual advanced practice registered nurse to select, order | ||||||
| 22 | or administer medications, including controlled substances to | ||||||
| 23 | provide services within a hospital. Nothing in this Act shall | ||||||
| 24 | be construed to limit the authority of an ambulatory surgical | ||||||
| 25 | treatment center pursuant to Section 65-45 of the Nurse | ||||||
| 26 | Practice Act to grant ambulatory surgical treatment center | ||||||
| |||||||
| |||||||
| 1 | clinical privileges to an individual advanced practice | ||||||
| 2 | registered nurse to select, order or administer medications, | ||||||
| 3 | including controlled substances to provide services within an | ||||||
| 4 | ambulatory 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 | ||||||
| 9 | Section 316 and former Section 321 is confidential. | ||||||
| 10 | (a-1) To ensure the federal Health Insurance Portability | ||||||
| 11 | and Accountability Act and confidentiality of substance use | ||||||
| 12 | disorder patient records rules that mandate the privacy of an | ||||||
| 13 | individual's prescription data reported to the Prescription | ||||||
| 14 | Monitoring Program received from a retail dispenser under this | ||||||
| 15 | Act, and in order to execute the duties and responsibilities | ||||||
| 16 | under Section 316 of this Act and rules for disclosure under | ||||||
| 17 | this Section, the Clinical Director of the Prescription | ||||||
| 18 | Monitoring Program or his or her designee shall maintain | ||||||
| 19 | direct access to all Prescription Monitoring Program data. Any | ||||||
| 20 | request for Prescription Monitoring Program data from any | ||||||
| 21 | other department or agency must be approved in writing by the | ||||||
| 22 | Clinical Director of the Prescription Monitoring Program or | ||||||
| 23 | his or her designee unless otherwise permitted by law. | ||||||
| 24 | Prescription Monitoring Program data shall only be disclosed | ||||||
| 25 | as permitted by law. | ||||||
| |||||||
| |||||||
| 1 | (a-2) As an active step to address the current opioid | ||||||
| 2 | crisis in this State and to prevent and reduce substance use | ||||||
| 3 | disorders addiction resulting from a sports injury or an | ||||||
| 4 | accident, the Prescription Monitoring Program and the | ||||||
| 5 | Department of Public Health shall coordinate a continuous | ||||||
| 6 | review of the Prescription Monitoring Program and the | ||||||
| 7 | Department of Public Health data to determine if a patient may | ||||||
| 8 | be at risk of opioid use disorder addiction. Each patient | ||||||
| 9 | discharged from any medical facility with an International | ||||||
| 10 | Classification of Disease, 10th edition code related to a | ||||||
| 11 | sport or accident injury shall be subject to the data review. | ||||||
| 12 | If the discharged patient is dispensed a controlled substance, | ||||||
| 13 | the Prescription Monitoring Program shall alert the patient's | ||||||
| 14 | prescriber as to the addiction risk of developing a substance | ||||||
| 15 | use disorder and urge each to follow the Centers for Disease | ||||||
| 16 | Control and Prevention guidelines or his or her respective | ||||||
| 17 | profession's treatment guidelines related to the patient's | ||||||
| 18 | injury. This subsection (a-2), other than this sentence, is | ||||||
| 19 | inoperative on or after January 1, 2024. | ||||||
| 20 | (b) The Department must carry out a program to protect the | ||||||
| 21 | confidentiality of the information described in subsection | ||||||
| 22 | (a). The Department may disclose the information to another | ||||||
| 23 | person only under subsection (c), (d), or (f) and may charge a | ||||||
| 24 | fee not to exceed the actual cost of furnishing the | ||||||
| 25 | information. | ||||||
| 26 | (c) The Department may disclose confidential information | ||||||
| |||||||
| |||||||
| 1 | described in subsection (a) to any person who is engaged in | ||||||
| 2 | receiving, processing, or storing the information. | ||||||
| 3 | (d) The Department may release confidential information | ||||||
| 4 | described 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 12 | information under subsection (d), the applicant must | ||||||
| 13 | demonstrate 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 | ||||||
| 21 | record information under Section 316 and former Section 321 | ||||||
| 22 | to: | ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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; | ||||||
| 11 | confidential prescription record information collected under | ||||||
| 12 | Sections 316 and 321 (now repealed) that identifies vendors or | ||||||
| 13 | practitioners, or both, who are prescribing or dispensing | ||||||
| 14 | large quantities of Schedule II, III, IV, or V controlled | ||||||
| 15 | substances outside the scope of their practice, pharmacy, or | ||||||
| 16 | business, as determined by the Advisory Committee created by | ||||||
| 17 | Section 320. | ||||||
| 18 | (f-5) In accordance with a confidentiality agreement | ||||||
| 19 | entered into with the Department, a medical director, or a | ||||||
| 20 | public health administrator and their delegated analysts, of a | ||||||
| 21 | county or municipal health department or the Department of | ||||||
| 22 | Public Health shall have access to data from the system for any | ||||||
| 23 | of the following purposes: | ||||||
| 24 | (1) developing education programs or public health | ||||||
| 25 | interventions relating to prescribing trends and | ||||||
| 26 | controlled substance use; or | ||||||
| |||||||
| |||||||
| 1 | (2) conducting analyses and publish reports on | ||||||
| 2 | prescribing trends in their respective jurisdictions. | ||||||
| 3 | At a minimum, the confidentiality agreement entered into | ||||||
| 4 | with 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 | ||||||
| 21 | released until it has been reviewed by an employee of the | ||||||
| 22 | Department who is licensed as a prescriber or a dispenser and | ||||||
| 23 | until that employee has certified that further investigation | ||||||
| 24 | is warranted. However, failure to comply with this subsection | ||||||
| 25 | (g) does not invalidate the use of any evidence that is | ||||||
| 26 | otherwise admissible in a proceeding described in subsection | ||||||
| |||||||
| |||||||
| 1 | (h). | ||||||
| 2 | (h) An investigator or a law enforcement officer receiving | ||||||
| 3 | confidential information under subsection (c), (d), or (f) may | ||||||
| 4 | disclose the information to a law enforcement officer or an | ||||||
| 5 | attorney for the office of the Attorney General for use as | ||||||
| 6 | evidence 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 | ||||||
| 12 | the information described in subsection (a). The reports must | ||||||
| 13 | not include information that identifies, by name, license or | ||||||
| 14 | address, any practitioner, dispenser, ultimate user, or other | ||||||
| 15 | person administering a controlled substance. | ||||||
| 16 | (j) Based upon federal, initial and maintenance funding, a | ||||||
| 17 | prescriber and dispenser inquiry system shall be developed to | ||||||
| 18 | assist the health care community in its goal of effective | ||||||
| 19 | clinical practice and to prevent patients from diverting or | ||||||
| 20 | abusing 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 25 | by which to evaluate possible erroneous association of | ||||||
| 26 | prescriptions to any licensed prescriber or end user of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Prescription Information Library (PIL). | ||||||
| 2 | (l) The Prescription Monitoring Program Advisory Committee | ||||||
| 3 | is authorized to evaluate the need for and method of | ||||||
| 4 | establishing a patient specific identifier. | ||||||
| 5 | (m) Patients who identify prescriptions attributed to them | ||||||
| 6 | that were not obtained by them shall be given access to their | ||||||
| 7 | personal prescription history pursuant to the validation | ||||||
| 8 | process as set forth by administrative rule. | ||||||
| 9 | (n) The Prescription Monitoring Program is authorized to | ||||||
| 10 | develop operational push reports to entities with compatible | ||||||
| 11 | electronic medical records. The process shall be covered | ||||||
| 12 | within administrative rule established by the Department. | ||||||
| 13 | (o) Hospital emergency departments and freestanding | ||||||
| 14 | healthcare facilities providing healthcare to walk-in patients | ||||||
| 15 | may obtain, for the purpose of improving patient care, a | ||||||
| 16 | unique identifier for each shift to utilize the PIL system. | ||||||
| 17 | (p) The Prescription Monitoring Program shall | ||||||
| 18 | automatically create a log-in to the inquiry system when a | ||||||
| 19 | prescriber or dispenser obtains or renews his or her | ||||||
| 20 | controlled substance license. The Department of Financial and | ||||||
| 21 | Professional Regulation must provide the Prescription | ||||||
| 22 | Monitoring Program with electronic access to the license | ||||||
| 23 | information of a prescriber or dispenser to facilitate the | ||||||
| 24 | creation of this profile. The Prescription Monitoring Program | ||||||
| 25 | shall send the prescriber or dispenser information regarding | ||||||
| 26 | the inquiry system, including instructions on how to log into | ||||||
| |||||||
| |||||||
| 1 | the system, instructions on how to use the system to promote | ||||||
| 2 | effective clinical practice, and opportunities for continuing | ||||||
| 3 | education for the prescribing of controlled substances. The | ||||||
| 4 | Prescription Monitoring Program shall also send to all | ||||||
| 5 | enrolled prescribers, dispensers, and designees information | ||||||
| 6 | regarding the unsolicited reports produced pursuant to Section | ||||||
| 7 | 314.5 of this Act. | ||||||
| 8 | (q) A prescriber or dispenser may authorize a designee to | ||||||
| 9 | consult the inquiry system established by the Department under | ||||||
| 10 | this subsection on his or her behalf, provided that all the | ||||||
| 11 | following 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 | ||||||
| |||||||
| |||||||
| 1 | the prescriber or dispenser. | ||||||
| 2 | The Prescription Monitoring Program shall send to | ||||||
| 3 | registered designees information regarding the inquiry system, | ||||||
| 4 | including instructions on how to log onto the system. | ||||||
| 5 | (r) The Prescription Monitoring Program shall maintain an | ||||||
| 6 | Internet website in conjunction with its prescriber and | ||||||
| 7 | dispenser inquiry system. This website shall include, at a | ||||||
| 8 | minimum, 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 | ||||||
| |||||||
| |||||||
| 1 | options or events. | ||||||
| 2 | The content of the Internet website shall be periodically | ||||||
| 3 | reviewed by the Prescription Monitoring Program Advisory | ||||||
| 4 | Committee as set forth in Section 320 and updated in | ||||||
| 5 | accordance with the recommendation of the advisory committee. | ||||||
| 6 | (s) The Prescription Monitoring Program shall regularly | ||||||
| 7 | send electronic updates to the registered users of the | ||||||
| 8 | Program. The Prescription Monitoring Program Advisory | ||||||
| 9 | Committee shall review any communications sent to registered | ||||||
| 10 | users and also make recommendations for communications as set | ||||||
| 11 | forth in Section 320. These updates shall include the | ||||||
| 12 | following 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; | ||||||
| |||||||
| |||||||
| 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, | ||||||
| 9 | neither the Prescription Monitoring Program nor any other | ||||||
| 10 | person shall disclose any information in violation of the | ||||||
| 11 | restrictions 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 | ||||||
| 17 | Advisory Committee to assist the Department of Human Services | ||||||
| 18 | and Department of Public Health in implementing the | ||||||
| 19 | Prescription Monitoring Program created by this Article and to | ||||||
| 20 | advise the Department on the professional performance of | ||||||
| 21 | prescribers and dispensers and other matters germane to the | ||||||
| 22 | advisory committee's field of competence. | ||||||
| 23 | (b) The Prescription Monitoring Program Advisory Committee | ||||||
| 24 | shall consist of 15 members appointed by the Clinical Director | ||||||
| 25 | of the Prescription Monitoring Program composed of prescribers | ||||||
| |||||||
| |||||||
| 1 | and dispensers licensed to practice medicine in his or her | ||||||
| 2 | respective profession as follows: one family or primary care | ||||||
| 3 | physician; one pain specialist physician; 4 other physicians, | ||||||
| 4 | one of whom may be an ophthalmologist; 2 advanced practice | ||||||
| 5 | registered nurses; one physician assistant; one optometrist; | ||||||
| 6 | one dentist; one clinical representative from a statewide | ||||||
| 7 | organization representing hospitals; and 3 pharmacists. The | ||||||
| 8 | Advisory Committee members serving on August 26, 2018 (the | ||||||
| 9 | effective date of Public Act 100-1093) shall continue to serve | ||||||
| 10 | until January 1, 2019. Prescriber and dispenser nominations | ||||||
| 11 | for membership on the Committee shall be submitted by their | ||||||
| 12 | respective professional associations. If there are more | ||||||
| 13 | nominees than membership positions for a prescriber or | ||||||
| 14 | dispenser category, as provided in this subsection (b), the | ||||||
| 15 | Clinical Director of the Prescription Monitoring Program shall | ||||||
| 16 | appoint a member or members for each profession as provided in | ||||||
| 17 | this subsection (b), from the nominations to serve on the | ||||||
| 18 | advisory committee. At the first meeting of the Committee in | ||||||
| 19 | 2019 members shall draw lots for initial terms and 6 members | ||||||
| 20 | shall serve 3 years, 5 members shall serve 2 years, and 5 | ||||||
| 21 | members shall serve one year. Thereafter, members shall serve | ||||||
| 22 | 3-year terms. Members may serve more than one term but no more | ||||||
| 23 | than 3 terms. The Clinical Director of the Prescription | ||||||
| 24 | Monitoring Program may appoint a representative of an | ||||||
| 25 | organization representing a profession required to be | ||||||
| 26 | appointed. The Clinical Director of the Prescription | ||||||
| |||||||
| |||||||
| 1 | Monitoring Program shall serve as the Secretary of the | ||||||
| 2 | committee. | ||||||
| 3 | (c) The advisory committee may appoint a chairperson and | ||||||
| 4 | other officers as it deems appropriate. | ||||||
| 5 | (d) The members of the advisory committee shall receive no | ||||||
| 6 | compensation for their services as members of the advisory | ||||||
| 7 | committee, unless appropriated by the General Assembly, but | ||||||
| 8 | may be reimbursed for their actual expenses incurred in | ||||||
| 9 | serving 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 24 | 10 members of the Peer Review Committee composed of: | ||||||
| 25 | (1) 3 physicians; | ||||||
| 26 | (2) 3 pharmacists; | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 7 | formal peer review of professional performance of prescribers | ||||||
| 8 | and dispensers. The deliberations, information, and | ||||||
| 9 | communications of the Peer Review Committee are privileged and | ||||||
| 10 | confidential and shall not be disclosed in any manner except | ||||||
| 11 | in 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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; | ||||||
| 18 | 100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff. | ||||||
| 19 | 8-16-19.)
| ||||||
| 20 | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410) | ||||||
| 21 | Sec. 410. (a) Whenever any person who has not previously | ||||||
| 22 | been convicted of any felony offense under this Act or any law | ||||||
| 23 | of the United States or of any State relating to cannabis or | ||||||
| 24 | controlled substances, pleads guilty to or is found guilty of | ||||||
| 25 | possession of a controlled or counterfeit substance under | ||||||
| |||||||
| |||||||
| 1 | subsection (c) of Section 402 or of unauthorized possession of | ||||||
| 2 | prescription form under Section 406.2, the court, without | ||||||
| 3 | entering a judgment and with the consent of such person, may | ||||||
| 4 | sentence him or her to probation. | ||||||
| 5 | (b) When a person is placed on probation, the court shall | ||||||
| 6 | enter an order specifying a period of probation of 24 months | ||||||
| 7 | and shall defer further proceedings in the case until the | ||||||
| 8 | conclusion of the period or until the filing of a petition | ||||||
| 9 | alleging 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) | ||||||
| 12 | refrain from possessing a firearm or other dangerous weapon; | ||||||
| 13 | (3) submit to periodic drug testing at a time and in a manner | ||||||
| 14 | as ordered by the court, but no less than 3 times during the | ||||||
| 15 | period of the probation, with the cost of the testing to be | ||||||
| 16 | paid by the probationer; and (4) perform no less than 30 hours | ||||||
| 17 | of community service, provided community service is available | ||||||
| 18 | in the jurisdiction and is funded and approved by the county | ||||||
| 19 | board. The court may give credit toward the fulfillment of | ||||||
| 20 | community service hours for participation in activities and | ||||||
| 21 | treatment as determined by court services. | ||||||
| 22 | (d) The court may, in addition to other conditions, | ||||||
| 23 | require 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| 26 | the court may enter a judgment on its original finding of guilt | ||||||
| |||||||
| |||||||
| 1 | and proceed as otherwise provided. | ||||||
| 2 | (f) Upon fulfillment of the terms and conditions of | ||||||
| 3 | probation, the court shall discharge the person and dismiss | ||||||
| 4 | the proceedings against him or her. | ||||||
| 5 | (g) A disposition of probation is considered to be a | ||||||
| 6 | conviction for the purposes of imposing the conditions of | ||||||
| 7 | probation and for appeal, however, discharge and dismissal | ||||||
| 8 | under this Section is not a conviction for purposes of this Act | ||||||
| 9 | or for purposes of disqualifications or disabilities imposed | ||||||
| 10 | by law upon conviction of a crime. | ||||||
| 11 | (h) A person may not have more than one discharge and | ||||||
| 12 | dismissal under this Section within a 4-year period. | ||||||
| 13 | (i) If a person is convicted of an offense under this Act, | ||||||
| 14 | the Cannabis Control Act, or the Methamphetamine Control and | ||||||
| 15 | Community Protection Act within 5 years subsequent to a | ||||||
| 16 | discharge and dismissal under this Section, the discharge and | ||||||
| 17 | dismissal under this Section shall be admissible in the | ||||||
| 18 | sentencing proceeding for that conviction as evidence in | ||||||
| 19 | aggravation. | ||||||
| 20 | (j) Notwithstanding subsection (a), before a person is | ||||||
| 21 | sentenced to probation under this Section, the court may refer | ||||||
| 22 | the person to the drug court established in that judicial | ||||||
| 23 | circuit pursuant to Section 15 of the Drug Court Treatment | ||||||
| 24 | Act. The drug court team shall evaluate the person's | ||||||
| 25 | likelihood of successfully completing a sentence of probation | ||||||
| 26 | under this Section and shall report the results of its | ||||||
| |||||||
| |||||||
| 1 | evaluation to the court. If the drug court team finds that the | ||||||
| 2 | person suffers from a substance use disorder abuse problem | ||||||
| 3 | that makes him or her substantially unlikely to successfully | ||||||
| 4 | complete a sentence of probation under this Section, then the | ||||||
| 5 | drug court shall set forth its findings in the form of a | ||||||
| 6 | written order, and the person shall not be sentenced to | ||||||
| 7 | probation under this Section, but shall be considered for the | ||||||
| 8 | drug court program. | ||||||
| 9 | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; | ||||||
| 10 | 100-575, 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 | ||||||
| 21 | special fund within the State Treasury. The Department of | ||||||
| 22 | Human Services may make grants to persons licensed under | ||||||
| 23 | Section 15-10 of the Substance Use Disorder Act or to | ||||||
| 24 | municipalities or counties from funds appropriated to the | ||||||
| 25 | Department from the Drug Treatment Fund for the treatment of | ||||||
| |||||||
| |||||||
| 1 | pregnant women who have a substance use disorder are addicted | ||||||
| 2 | to alcohol, cannabis, or controlled substances and for the | ||||||
| 3 | needed care of minor, unemancipated children of women | ||||||
| 4 | undergoing residential drug treatment. If the Department of | ||||||
| 5 | Human Services grants funds to a municipality or a county that | ||||||
| 6 | the Department determines is not experiencing a healthcare | ||||||
| 7 | need of problem with pregnant women with a substance use | ||||||
| 8 | disorder addicted to alcohol, cannabis, or controlled | ||||||
| 9 | substances, or with care for minor, unemancipated children of | ||||||
| 10 | women undergoing residential drug treatment, or intervention, | ||||||
| 11 | the funds shall be used for the treatment of any person with a | ||||||
| 12 | substance use disorder addicted to alcohol, cannabis, or | ||||||
| 13 | controlled substances. The Department may adopt such rules as | ||||||
| 14 | it 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; | ||||||
| 17 | 101-81, 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 | ||||||
| 20 | collected as fines pursuant to the provisions of this Article | ||||||
| 21 | shall be paid into the Youth Drug Abuse Prevention Fund, which | ||||||
| 22 | is hereby created in the State treasury, to be used by the | ||||||
| 23 | Department for the funding of programs and services for | ||||||
| 24 | substance use disorder drug-abuse treatment, and prevention | ||||||
| 25 | and education services, for juveniles. | ||||||
| |||||||
| |||||||
| 1 | (b) Eighty-seven and one-half percent of the proceeds of | ||||||
| 2 | all fines received under the provisions of this Article shall | ||||||
| 3 | be transmitted to and deposited in the treasurer's office at | ||||||
| 4 | the 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 9 | enforcement agency or agencies of the unit or units of local | ||||||
| 10 | government pursuant to subsection (b) shall be made available | ||||||
| 11 | to that law enforcement agency as expendable receipts for use | ||||||
| 12 | in the enforcement of laws regulating cannabis, | ||||||
| 13 | methamphetamine, and other controlled substances. The proceeds | ||||||
| 14 | of fines awarded to the State treasury shall be deposited in a | ||||||
| 15 | special fund known as the Drug Traffic Prevention Fund, except | ||||||
| 16 | that amounts distributed to the Secretary of State shall be | ||||||
| 17 | deposited into the Secretary of State Evidence Fund to be used | ||||||
| 18 | as provided in Section 2-115 of the Illinois Vehicle Code. | ||||||
| 19 | Monies from this fund may be used by the Illinois State Police | ||||||
| 20 | or use in the enforcement of laws regulating cannabis, | ||||||
| 21 | methamphetamine, and other controlled substances; to satisfy | ||||||
| 22 | funding provisions of the Intergovernmental Drug Laws | ||||||
| 23 | Enforcement Act; to defray costs and expenses associated with | ||||||
| 24 | returning violators of the Cannabis Control Act and this Act | ||||||
| 25 | only, as provided in those Acts, when punishment of the crime | ||||||
| 26 | shall be confinement of the criminal in the penitentiary; and | ||||||
| |||||||
| |||||||
| 1 | all other monies shall be paid into the general revenue fund in | ||||||
| 2 | the 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 | ||||||
| 6 | Department of Financial and Professional Regulation shall each | ||||||
| 7 | cooperate with Federal agencies and other State agencies in | ||||||
| 8 | discharging his or her responsibilities concerning traffic in | ||||||
| 9 | controlled substances and in suppressing the misuse and abuse | ||||||
| 10 | of 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 | ||||||
| 23 | Drug Enforcement Administration relating to the regulatory | ||||||
| 24 | functions of this Act, including results of inspections | ||||||
| 25 | conducted by it may be relied and acted upon by the Director | ||||||
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| 1 | and the Secretary of the Department of Financial and | ||||||
| 2 | Professional Regulation in the exercise of their regulatory | ||||||
| 3 | functions under this Act. | ||||||
| 4 | (Source: P.A. 97-334, eff. 1-1-12.)
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| 5 | (720 ILCS 570/508) (from Ch. 56 1/2, par. 1508) | ||||||
| 6 | Sec. 508. (a) The Department shall encourage research on | ||||||
| 7 | controlled substances. In connection with the research, and in | ||||||
| 8 | furtherance 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 | ||||||
| 4 | authorized by the Department to protect the privacy of | ||||||
| 5 | individuals who are the subjects of such research by | ||||||
| 6 | withholding from all persons not connected with the conduct of | ||||||
| 7 | the research the names and other identifying characteristics | ||||||
| 8 | of such individuals. Persons who are given this authorization | ||||||
| 9 | shall not be compelled in any civil, criminal, administrative, | ||||||
| 10 | legislative or other proceeding to identify the individuals | ||||||
| 11 | who are the subjects of research for which the authorization | ||||||
| 12 | was granted, except to the extent necessary to permit the | ||||||
| 13 | Department to determine whether the research is being | ||||||
| 14 | conducted in accordance with the authorization. | ||||||
| 15 | (c) The Department may authorize the possession and | ||||||
| 16 | dispensing of controlled substances by persons engaged in | ||||||
| 17 | research, upon such terms and conditions as may be consistent | ||||||
| 18 | with the public health and safety. The Department may also | ||||||
| 19 | approve research and treatment programs involving the | ||||||
| 20 | administration of Methadone. The use of Methadone, or any | ||||||
| 21 | similar controlled substance by any person is prohibited in | ||||||
| 22 | this State except as approved and authorized by the Department | ||||||
| 23 | in accordance with its rules and regulations. To the extent of | ||||||
| 24 | the applicable authorization, persons are exempt from | ||||||
| 25 | prosecution in this State for possession, manufacture or | ||||||
| 26 | delivery of controlled substances. | ||||||
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| |||||||
| 1 | (d) Practitioners registered under Federal law to conduct | ||||||
| 2 | research with Schedule I substances may conduct research with | ||||||
| 3 | Schedule I substances within this State upon furnishing | ||||||
| 4 | evidence of that Federal registration and notification of the | ||||||
| 5 | scope 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 | ||||||
| 9 | probation to any person that the court has reason to believe is | ||||||
| 10 | or has a substance use disorder been an addict or unlawful | ||||||
| 11 | possessor of controlled substances, the court shall require, | ||||||
| 12 | as a condition of probation, that the probationer submit to | ||||||
| 13 | periodic tests by the Department of Corrections to determine | ||||||
| 14 | by means of appropriate chemical detection tests whether the | ||||||
| 15 | probationer is using controlled substances. The court may | ||||||
| 16 | require as a condition of probation that the probationer enter | ||||||
| 17 | an approved treatment program, if the court determines that | ||||||
| 18 | the probationer has a substance use disorder of is addicted to | ||||||
| 19 | a controlled substance. Whenever the Prisoner Review Board | ||||||
| 20 | grants parole or the Department of Juvenile Justice grants | ||||||
| 21 | aftercare release to a person believed to have been an | ||||||
| 22 | unlawful possessor or person with a substance use disorder | ||||||
| 23 | addict of controlled substances, the Board or Department shall | ||||||
| 24 | require as a condition of parole or aftercare release that the | ||||||
| 25 | parolee or aftercare releasee submit to appropriate periodic | ||||||
| |||||||
| |||||||
| 1 | chemical tests by the Department of Corrections or the | ||||||
| 2 | Department of Juvenile Justice to determine whether the | ||||||
| 3 | parolee or aftercare releasee is using controlled substances. | ||||||
| 4 | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
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