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 
3everything after the enacting clause with the following:

4 "Section 5. The Mental Health and Developmental 
5Disabilities Administrative Act is amended by changing Section 
64 as follows:

7 (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
8 Sec. 4. Supervision of facilities and services; quarterly 
9reports. 
10 (a) To exercise executive and administrative supervision 
11over all facilities, divisions, programs and services now 
12existing or hereafter acquired or created under the 
13jurisdiction of the Department, including, but not limited to, 
14the following: 
15  The Alton Mental Health Center, at Alton 
16  The Clyde L. Choate Mental Health and Developmental 
 
 
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1 Center, at Anna 
2  The Chester Mental Health Center, at Chester 
3  The Chicago-Read Mental Health Center, at Chicago 
4  The Elgin Mental Health Center, at Elgin 
5  The Metropolitan Children and Adolescents Center, at 
6 Chicago 
7  The Jacksonville Developmental Center, at Jacksonville 
8  The Governor Samuel H. Shapiro Developmental Center, 
9 at Kankakee 
10  The Tinley Park Mental Health Center, at Tinley Park 
11  The Warren G. Murray Developmental Center, at 
12 Centralia 
13  The Jack Mabley Developmental Center, at Dixon 
14  The Lincoln Developmental Center, at Lincoln 
15  The H. Douglas Singer Mental Health and Developmental 
16 Center, at Rockford 
17  The John J. Madden Mental Health Center, at Chicago 
18  The George A. Zeller Mental Health Center, at Peoria 
19  The Elizabeth Parsons Ware Packard Andrew McFarland 
20 Mental Health Center, at Springfield 
21  The Adolf Meyer Mental Health Center, at Decatur 
22  The William W. Fox Developmental Center, at Dwight 
23  The Elisabeth Ludeman Developmental Center, at Park 
24 Forest 
25  The William A. Howe Developmental Center, at Tinley 
26 Park 
 
 
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1  The Ann M. Kiley Developmental Center, at Waukegan. 
2 (b) Beginning not later than July 1, 1977, the Department 
3shall cause each of the facilities under its jurisdiction 
4which provide in-patient care to comply with standards, rules 
5and regulations of the Department of Public Health prescribed 
6under Section 6.05 of the Hospital Licensing Act. 
7 (b-5) The Department shall cause each of the facilities 
8under its jurisdiction that provide in-patient care to comply 
9with Section 6.25 of the Hospital Licensing Act. 
10 (c) The Department shall issue quarterly electronic 
11reports to the General Assembly on admissions, deflections, 
12discharges, bed closures, staff-resident ratios, census, 
13average length of stay, and any adverse federal certification 
14or accreditation findings, if any, for each State-operated 
15facility for the mentally ill and for persons with 
16developmental disabilities. The quarterly reports shall be 
17issued by January 1, April 1, July 1, and October 1 of each 
18year. The quarterly reports shall include the following 
19information for each facility reflecting the period ending 15 
20days prior to the submission of the report:
21  (1) the number of employees;
22  (2) the number of workplace violence incidents that 
23 occurred, including the number that were a direct assault 
24 on employees by residents and the number that resulted 
25 from staff intervention in a resident altercation or other 
26 form of injurious behavior;
 
 
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1  (3) the number of employees impacted in each incident; 
2 and
3  (4) the number of employee injuries resulting, 
4 descriptions of the nature of the injuries, the number of 
5 employee injuries requiring medical treatment at the 
6 facility, the number of employee injuries requiring 
7 outside medical treatment, and the number of days off work 
8 per injury.
9 (d) The requirements in subsection (c) do not relieve the 
10Department from the recordkeeping requirements of the 
11Occupational Safety and Health Act.
12 (e) The Department shall:
13  (1) establish a reasonable procedure for employees to 
14 report work-related assaults and injuries. A procedure is 
15 not reasonable if it would deter or discourage a 
16 reasonable employee from accurately reporting a workplace 
17 assault or injury;
18  (2) inform each employee:
19   (A) of the procedure for reporting work-related 
20 assaults and injuries;
21   (B) of the right to report work-related assaults 
22 and injuries; and
23   (C) that the Department is prohibited from 
24 discharging or in any manner discriminating against 
25 employees for reporting work-related assaults and 
26 injuries; and
 
 
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1  (3) not discharge, discipline, or in any manner 
2 discriminate against any employee for reporting a 
3 work-related assault or injury. 
4(Source: P.A. 99-143, eff. 7-27-15; 100-1075, eff. 1-1-19.)

5 (405 ILCS 95/Act rep.)
6 Section 10. The Perinatal Mental Health Disorders 
7Prevention and Treatment Act is repealed.

8 Section 15. The Maternal Mental Health Conditions 
9Education, Early Diagnosis, and Treatment Act is amended by 
10changing Sections 5, 10, and 15 and by adding Sections 9 and 14 
11as follows:

12 (405 ILCS 120/5)
13 Sec. 5. Findings. The General Assembly finds the 
14following:
15  (1) Maternal depression is a common complication of 
16 pregnancy. Maternal mental health disorders encompass a 
17 range of mental health conditions, such as depression, 
18 anxiety, and postpartum psychosis.
19  (2) Maternal mental health conditions affect one in 5 
20 women during or after pregnancy, but all women are at risk 
21 of suffering from maternal mental health conditions.
22  (3) Untreated maternal mental health conditions 
23 significantly and negatively impact the short-term and 
 
 
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1 long-term health and well-being of affected women and 
2 their children.
3  (4) Untreated maternal mental health conditions cause 
4 adverse birth outcomes, impaired maternal-infant bonding, 
5 poor infant growth, childhood emotional and behavioral 
6 problems, and significant medical and economic costs, 
7 estimated to be $22,500 per mother.
8  (5) Lack of understanding and social stigma of mental 
9 health conditions prevent women and families from 
10 understanding the signs, symptoms, and risks involved with 
11 maternal mental health conditions and disproportionately 
12 affect women who lack access to social support networks.
13  (6) It is the intent of the General Assembly to raise 
14 awareness of the risk factors, signs, symptoms, and 
15 treatment options for maternal mental health conditions 
16 among pregnant women and their families, the general 
17 public, primary health care providers, and health care 
18 providers who care for pregnant women, postpartum women, 
19 and newborn infants.
20(Source: P.A. 101-512, eff. 1-1-20.)

21 (405 ILCS 120/9 new)
22 Sec. 9. Intent. It is the intent of the General Assembly:
23  (1) to raise awareness of the risk factors, signs, 
24 symptoms, and treatment options for maternal mental health 
25 conditions among pregnant women and their families, the 
 
 
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1 general public, primary care providers, and health care 
2 providers who care for pregnant women, postpartum women, 
3 and newborn infants;
4  (2) to provide information to women and their families 
5 about maternal mental health conditions in order to lower 
6 the likelihood that new mothers will continue to suffer 
7 from this illness in silence;
8  (3) to develop procedures for assessing women for 
9 maternal mental health conditions during prenatal and 
10 postnatal visits to licensed health care professionals; 
11 and
12  (4) to promote early detection of maternal mental 
13 health conditions to promote early care and treatment and, 
14 when medically appropriate, to avoid medication.

15 (405 ILCS 120/10)
16 Sec. 10. Definitions. In this Act:
17 "Birthing hospital" means a hospital that has an approved 
18obstetric category of service and licensed beds by the Health 
19Facilities and Services Review Board.
20 "Department" means the Department of Human Services.
21 "Licensed health care professional" means a physician 
22licensed to practice medicine in all its branches, a licensed 
23advanced practice registered nurse, or a licensed physician 
24assistant. 
25 "Maternal mental health condition" means a mental health 
 
 
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1condition that occurs during pregnancy or during the 
2postpartum period and includes, but is not limited to, 
3postpartum depression.
4 "Postnatal care" means an office visit to a licensed 
5health care professional occurring after birth, with reference 
6to the infant or mother.
7 "Prenatal care" means an office visit to a licensed health 
8care professional for pregnancy-related care occurring before 
9the birth.
10 "Questionnaire" means an assessment tool administered by a 
11licensed health care professional to detect maternal mental 
12health conditions, such as the Edinburgh Postnatal Depression 
13Scale, the Postpartum Depression Screening Scale, the Beck 
14Depression Inventory, the Patient Health Questionnaire, or 
15other validated assessment methods. 
16(Source: P.A. 101-512, eff. 1-1-20.)

17 (405 ILCS 120/14 new)
18 Sec. 14. Maternal mental health conditions prevention and 
19treatment. The Department of Human Services, in conjunction 
20with the Department of Healthcare and Family Services, the 
21Department of Public Health, and the Department of Financial 
22and Professional Regulation and the Medical Licensing Board, 
23shall work with birthing hospitals and licensed health care 
24professionals in this State to develop policies, procedures, 
25information, and educational materials to meet each of the 
 
 
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1following requirements concerning maternal mental health 
2conditions:
3  (1) Licensed health care professionals providing 
4 prenatal care to women shall provide education to women 
5 and, if possible and with permission, to their families 
6 about maternal mental health conditions in accordance with 
7 the formal opinions and recommendations of the American 
8 College of Obstetricians and Gynecologists.
9  (2) All birthing hospitals shall provide new mothers, 
10 prior to discharge following childbirth, and, if possible, 
11 shall provide fathers and other family members with 
12 complete information about maternal mental health 
13 conditions, including its symptoms, methods of coping with 
14 the illness, treatment resources, post-hospital treatment 
15 options, and community resources. The Department of Human 
16 Services shall provide written information that hospitals 
17 may use to satisfy this subsection (2). A birthing 
18 hospital shall supplement the materials provided by the 
19 Department to include relevant resources to the region or 
20 community in which the birthing hospital is located.
21  (3) Licensed health care professionals providing 
22 prenatal care at a prenatal visit shall invite each 
23 pregnant patient to complete a questionnaire and shall 
24 review the completed questionnaire in accordance with the 
25 formal opinions and recommendations of the American 
26 College of Obstetricians and Gynecologists. Assessment for 
 
 
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1 maternal mental health conditions must be repeated when, 
2 in the professional judgment of the licensed health care 
3 professional, a reasonable possibility exists that the 
4 woman suffers from a maternal mental health condition.
5  (4) Licensed health care professionals providing 
6 postnatal care to women shall invite each patient to 
7 complete a questionnaire and shall review the completed 
8 questionnaire in accordance with the formal opinions and 
9 recommendations of the American College of Obstetricians 
10 and Gynecologists.
11  (5) Licensed health care professionals providing 
12 pediatric care to an infant shall invite the infant's 
13 mother to complete a questionnaire at any well-baby 
14 check-up at which the mother is present prior to the 
15 infant's first birthday, and shall review the completed 
16 questionnaire in accordance with the formal opinions and 
17 recommendations of the American College of Obstetricians 
18 and Gynecologists, in order to ensure that the health and 
19 well-being of the infant are not compromised by an 
20 undiagnosed maternal mental health condition in the 
21 mother. In order to share results from an assessment with 
22 the mother's primary licensed health care professional, 
23 consent should be obtained from the mother in accordance 
24 with the Illinois Health Insurance Portability and 
25 Accountability Act. If the mother is determined to present 
26 an acute danger to herself or someone else, consent is not 
 
 
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1 required.

2 (405 ILCS 120/15)
3 Sec. 15. Educational materials about maternal mental 
4health conditions. The Department, in conjunction with the 
5Department of Healthcare and Family Services, the Department 
6of Public Health, and the Department of Financial and 
7Professional Regulation and the Medical Licensing Board, shall 
8develop educational materials for health care professionals 
9and patients about maternal mental health conditions. A 
10birthing hospital shall, on or before January 1, 2021, 
11distribute these materials to employees regularly assigned to 
12work with pregnant or postpartum women and incorporate these 
13materials in any employee training that is related to patient 
14care of pregnant or postpartum women. A birthing hospital 
15shall supplement the materials provided by the Department to 
16include relevant resources to the region or community in which 
17the birthing hospital is located. The educational materials 
18developed under this Section shall include all of the 
19following:
20  (1) Information for postpartum women and families 
21 about maternal mental health conditions, post-hospital 
22 treatment options, and community resources.
23  (1) (2) Information for hospital employees regularly 
24 assigned to work in the perinatal unit, including, as 
25 appropriate, registered nurses and social workers, about 
 
 
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1 maternal mental health conditions.
2  (2) (3) Any other service the birthing hospital 
3 determines should be included in the program to provide 
4 optimal patient care.
5(Source: P.A. 101-512, eff. 1-1-20.)

6 Section 20. The Illinois Controlled Substances Act is 
7amended by changing Sections 100, 102, 201, 203, 205, 207, 
8208, 209, 210, 211, 216, 312, 313, 318, 320, 410, 411.2, 413, 
9504, 508, and 509 as follows:

10 (720 ILCS 570/100) (from Ch. 56 1/2, par. 1100)
11 Sec. 100. Legislative intent. It is the intent of the 
12General Assembly, recognizing the rising incidence in the 
13misuse abuse of drugs and other dangerous substances and its 
14resultant damage to the peace, health, and welfare of the 
15citizens of Illinois, to provide a system of control over the 
16distribution and use of controlled substances which will more 
17effectively: (1) limit access of such substances only to those 
18persons who have demonstrated an appropriate sense of 
19responsibility and have a lawful and legitimate reason to 
20possess them; (2) deter the unlawful and destructive misuse 
21abuse of controlled substances; (3) penalize most heavily the 
22illicit traffickers or profiteers of controlled substances, 
23who propagate and perpetuate the misuse abuse of such 
24substances with reckless disregard for its consumptive 
 
 
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1consequences upon every element of society; (4) acknowledge 
2the functional and consequential differences between the 
3various types of controlled substances and provide for 
4correspondingly different degrees of control over each of the 
5various types; (5) unify where feasible and codify the efforts 
6of this State to conform with the regulatory systems of the 
7Federal government; and (6) provide law enforcement 
8authorities with the necessary resources to make this system 
9efficacious.
10 It is not the intent of the General Assembly to treat the 
11unlawful user or occasional petty distributor of controlled 
12substances with the same severity as the large-scale, unlawful 
13purveyors and traffickers of controlled substances. However, 
14it is recognized that persons who violate this Act with 
15respect to the manufacture, delivery, possession with intent 
16to deliver, or possession of more than one type of controlled 
17substance listed herein may accordingly receive multiple 
18convictions and sentences under each Section of this Act. To 
19this end, guidelines have been provided, along with a wide 
20latitude in sentencing discretion, to enable the sentencing 
21court to order penalties in each case which are appropriate 
22for the purposes of this Act.
23(Source: P.A. 97-334, eff. 1-1-12.)

24 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
25 Sec. 102. Definitions.  As used in this Act, unless the 
 
 
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1context otherwise requires: 
2 (a) "Person with a substance use disorder Addict" means 
3any person who has a substance use disorder diagnosis defined 
4as a spectrum of persistent and recurring problematic behavior 
5that encompasses 10 separate classes of drugs: alcohol; 
6caffeine; cannabis; hallucinogens; inhalants; opioids; 
7sedatives, hypnotics and anxiolytics; stimulants; and tobacco; 
8and other unknown substances leading to clinically significant 
9impairment or distress habitually uses any drug, chemical, 
10substance or dangerous drug other than alcohol so as to 
11endanger the public morals, health, safety or welfare or who 
12is so far addicted to the use of a dangerous drug or controlled 
13substance other than alcohol as to have lost the power of self 
14control with reference to his or her addiction. 
15 (b) "Administer" means the direct application of a 
16controlled substance, whether by injection, inhalation, 
17ingestion, or any other means, to the body of a patient, 
18research subject, or animal (as defined by the Humane 
19Euthanasia in Animal Shelters Act) by: 
20  (1) a practitioner (or, in his or her presence, by his 
21 or her authorized agent), 
22  (2) the patient or research subject pursuant to an 
23 order, or 
24  (3) a euthanasia technician as defined by the Humane 
25 Euthanasia in Animal Shelters Act. 
26 (c) "Agent" means an authorized person who acts on behalf 
 
 
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1of or at the direction of a manufacturer, distributor, 
2dispenser, prescriber, or practitioner. It does not include a 
3common or contract carrier, public warehouseman or employee of 
4the carrier or warehouseman. 
5 (c-1) "Anabolic Steroids" means any drug or hormonal 
6substance, chemically and pharmacologically related to 
7testosterone (other than estrogens, progestins, 
8corticosteroids, and dehydroepiandrosterone), and includes: 
9 (i) 3[beta],17-dihydroxy-5a-androstane, 
10 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
11 (iii) 5[alpha]-androstan-3,17-dione, 
12 (iv) 1-androstenediol (3[beta], 
13  17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
14 (v) 1-androstenediol (3[alpha], 
15  17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
16 (vi) 4-androstenediol 
17  (3[beta],17[beta]-dihydroxy-androst-4-ene), 
18 (vii) 5-androstenediol 
19  (3[beta],17[beta]-dihydroxy-androst-5-ene), 
20 (viii) 1-androstenedione 
21  ([5alpha]-androst-1-en-3,17-dione), 
22 (ix) 4-androstenedione 
23  (androst-4-en-3,17-dione), 
24 (x) 5-androstenedione 
25  (androst-5-en-3,17-dione), 
26 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
 
 
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1  hydroxyandrost-4-en-3-one), 
2 (xii) boldenone (17[beta]-hydroxyandrost- 
3  1,4,-diene-3-one), 
4 (xiii) boldione (androsta-1,4- 
5  diene-3,17-dione), 
6 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
7  [beta]-hydroxyandrost-4-en-3-one), 
8 (xv) clostebol (4-chloro-17[beta]- 
9  hydroxyandrost-4-en-3-one), 
10 (xvi) dehydrochloromethyltestosterone (4-chloro- 
11  17[beta]-hydroxy-17[alpha]-methyl- 
12  androst-1,4-dien-3-one), 
13 (xvii) desoxymethyltestosterone 
14 (17[alpha]-methyl-5[alpha] 
15  -androst-2-en-17[beta]-ol)(a.k.a., madol), 
16 (xviii) [delta]1-dihydrotestosterone (a.k.a. 
17  '1-testosterone') (17[beta]-hydroxy- 
18  5[alpha]-androst-1-en-3-one), 
19 (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
20  androstan-3-one), 
21 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
22  5[alpha]-androstan-3-one), 
23 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
24  hydroxyestr-4-ene), 
25 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
26  1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
 
 
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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]- 
 
 
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1  methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
2 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
3  hydroxyestra-4,9(10)-dien-3-one), 
4 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
5  hydroxyestra-4,9-11-trien-3-one), 
6 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
7  hydroxyandrost-4-en-3-one), 
8 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
9  hydroxyestr-4-en-3-one), 
10 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone 
11  (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
12  androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
13  1-testosterone'), 
14 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
15 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
16  dihydroxyestr-4-ene), 
17 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
18  dihydroxyestr-4-ene), 
19 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
20  dihydroxyestr-5-ene), 
21 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
22  dihydroxyestr-5-ene), 
23 (xlvii) 19-nor-4,9(10)-androstadienedione 
24  (estra-4,9(10)-diene-3,17-dione), 
25 (xlviii) 19-nor-4-androstenedione (estr-4- 
26  en-3,17-dione), 
 
 
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1 (xlix) 19-nor-5-androstenedione (estr-5- 
2  en-3,17-dione), 
3 (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
4  hydroxygon-4-en-3-one), 
5 (li) norclostebol (4-chloro-17[beta]- 
6  hydroxyestr-4-en-3-one), 
7 (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
8  hydroxyestr-4-en-3-one), 
9 (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
10  hydroxyestr-4-en-3-one), 
11 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
12  2-oxa-5[alpha]-androstan-3-one), 
13 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
14  dihydroxyandrost-4-en-3-one), 
15 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
16  17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
17 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
18  (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
19 (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
20  (5[alpha]-androst-1-en-3-one), 
21 (lix) testolactone (13-hydroxy-3-oxo-13,17- 
22  secoandrosta-1,4-dien-17-oic 
23  acid lactone), 
24 (lx) testosterone (17[beta]-hydroxyandrost- 
25  4-en-3-one), 
26 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
 
 
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1  diethyl-17[beta]-hydroxygon- 
2  4,9,11-trien-3-one), 
3 (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
4  11-trien-3-one). 
5 Any person who is otherwise lawfully in possession of an 
6anabolic steroid, or who otherwise lawfully manufactures, 
7distributes, dispenses, delivers, or possesses with intent to 
8deliver an anabolic steroid, which anabolic steroid is 
9expressly intended for and lawfully allowed to be administered 
10through implants to livestock or other nonhuman species, and 
11which is approved by the Secretary of Health and Human 
12Services for such administration, and which the person intends 
13to administer or have administered through such implants, 
14shall not be considered to be in unauthorized possession or to 
15unlawfully manufacture, distribute, dispense, deliver, or 
16possess with intent to deliver such anabolic steroid for 
17purposes of this Act. 
18 (d) "Administration" means the Drug Enforcement 
19Administration, United States Department of Justice, or its 
20successor agency. 
21 (d-5) "Clinical Director, Prescription Monitoring Program" 
22means a Department of Human Services administrative employee 
23licensed to either prescribe or dispense controlled substances 
24who shall run the clinical aspects of the Department of Human 
25Services Prescription Monitoring Program and its Prescription 
26Information Library.
 
 
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1 (d-10) "Compounding" means the preparation and mixing of 
2components, excluding flavorings, (1) as the result of a 
3prescriber's prescription drug order or initiative based on 
4the prescriber-patient-pharmacist relationship in the course 
5of professional practice or (2) for the purpose of, or 
6incident to, research, teaching, or chemical analysis and not 
7for sale or dispensing. "Compounding" includes the preparation 
8of drugs or devices in anticipation of receiving prescription 
9drug orders based on routine, regularly observed dispensing 
10patterns. Commercially available products may be compounded 
11for dispensing to individual patients only if both of the 
12following conditions are met: (i) the commercial product is 
13not reasonably available from normal distribution channels in 
14a timely manner to meet the patient's needs and (ii) the 
15prescribing practitioner has requested that the drug be 
16compounded. 
17 (e) "Control" means to add a drug or other substance, or 
18immediate precursor, to a Schedule whether by transfer from 
19another Schedule or otherwise. 
20 (f) "Controlled Substance" means (i) a drug, substance, 
21immediate precursor, or synthetic drug in the Schedules of 
22Article II of this Act or (ii) a drug or other substance, or 
23immediate precursor, designated as a controlled substance by 
24the Department through administrative rule. The term does not 
25include distilled spirits, wine, malt beverages, or tobacco, 
26as those terms are defined or used in the Liquor Control Act of 
 
 
10300SB0647sam002- 22 -LRB103 03100 RLC 71201 a


11934 and the Tobacco Products Tax Act of 1995. 
2 (f-5) "Controlled substance analog" means a substance:
3  (1) the chemical structure of which is substantially 
4 similar to the chemical structure of a controlled 
5 substance in Schedule I or II;
6  (2) which has a stimulant, depressant, or 
7 hallucinogenic effect on the central nervous system that 
8 is substantially similar to or greater than the stimulant, 
9 depressant, or hallucinogenic effect on the central 
10 nervous system of a controlled substance in Schedule I or 
11 II; or
12  (3) with respect to a particular person, which such 
13 person represents or intends to have a stimulant, 
14 depressant, or hallucinogenic effect on the central 
15 nervous system that is substantially similar to or greater 
16 than the stimulant, depressant, or hallucinogenic effect 
17 on the central nervous system of a controlled substance in 
18 Schedule I or II. 
19 (g) "Counterfeit substance" means a controlled substance, 
20which, or the container or labeling of which, without 
21authorization bears the trademark, trade name, or other 
22identifying mark, imprint, number or device, or any likeness 
23thereof, of a manufacturer, distributor, or dispenser other 
24than the person who in fact manufactured, distributed, or 
25dispensed the substance. 
26 (h) "Deliver" or "delivery" means the actual, constructive 
 
 
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1or attempted transfer of possession of a controlled substance, 
2with or without consideration, whether or not there is an 
3agency relationship. "Deliver" or "delivery" does not include 
4the donation of drugs to the extent permitted under the 
5Illinois Drug Reuse Opportunity Program Act. 
6 (i) "Department" means the Illinois Department of Human 
7Services (as successor to the Department of Alcoholism and 
8Substance Abuse) or its successor agency. 
9 (j) (Blank). 
10 (k) "Department of Corrections" means the Department of 
11Corrections of the State of Illinois or its successor agency. 
12 (l) "Department of Financial and Professional Regulation" 
13means the Department of Financial and Professional Regulation 
14of the State of Illinois or its successor agency. 
15 (m) "Depressant" means any drug that (i) causes an overall 
16depression of central nervous system functions, (ii) causes 
17impaired consciousness and awareness, and (iii) can be 
18habit-forming or lead to a substance misuse or substance use 
19disorder abuse problem, including, but not limited to, 
20alcohol, cannabis and its active principles and their analogs, 
21benzodiazepines and their analogs, barbiturates and their 
22analogs, opioids (natural and synthetic) and their analogs, 
23and chloral hydrate and similar sedative hypnotics. 
24 (n) (Blank). 
25 (o) "Director" means the Director of the Illinois State 
26Police or his or her designated agents. 
 
 
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1 (p) "Dispense" means to deliver a controlled substance to 
2an ultimate user or research subject by or pursuant to the 
3lawful order of a prescriber, including the prescribing, 
4administering, packaging, labeling, or compounding necessary 
5to prepare the substance for that delivery. 
6 (q) "Dispenser" means a practitioner who dispenses. 
7 (r) "Distribute" means to deliver, other than by 
8administering or dispensing, a controlled substance. 
9 (s) "Distributor" means a person who distributes. 
10 (t) "Drug" means (1) substances recognized as drugs in the 
11official United States Pharmacopoeia, Official Homeopathic 
12Pharmacopoeia of the United States, or official National 
13Formulary, or any supplement to any of them; (2) substances 
14intended for use in diagnosis, cure, mitigation, treatment, or 
15prevention of disease in man or animals; (3) substances (other 
16than food) intended to affect the structure of any function of 
17the body of man or animals and (4) substances intended for use 
18as a component of any article specified in clause (1), (2), or 
19(3) of this subsection. It does not include devices or their 
20components, parts, or accessories. 
21 (t-3) "Electronic health record" or "EHR" means an 
22electronic record of health-related information on an 
23individual that is created, gathered, managed, and consulted 
24by authorized health care clinicians and staff. 
25 (t-3.5) "Electronic health record system" or "EHR system" 
26means any computer-based system or combination of federally 
 
 
10300SB0647sam002- 25 -LRB103 03100 RLC 71201 a


1certified Health IT Modules (defined at 42 CFR 170.102 or its 
2successor) used as a repository for electronic health records 
3and accessed or updated by a prescriber or authorized 
4surrogate in the ordinary course of his or her medical 
5practice. For purposes of connecting to the Prescription 
6Information Library maintained by the Bureau of Pharmacy and 
7Clinical Support Systems or its successor, an EHR system may 
8connect to the Prescription Information Library directly or 
9through all or part of a computer program or system that is a 
10federally certified Health IT Module maintained by a third 
11party and used by the EHR system to secure access to the 
12database.
13 (t-4) "Emergency medical services personnel" has the 
14meaning ascribed to it in the Emergency Medical Services (EMS) 
15Systems Act.
16 (t-5) "Euthanasia agency" means an entity certified by the 
17Department of Financial and Professional Regulation for the 
18purpose of animal euthanasia that holds an animal control 
19facility license or animal shelter license under the Animal 
20Welfare Act. A euthanasia agency is authorized to purchase, 
21store, possess, and utilize Schedule II nonnarcotic and 
22Schedule III nonnarcotic drugs for the sole purpose of animal 
23euthanasia. 
24 (t-10) "Euthanasia drugs" means Schedule II or Schedule 
25III substances (nonnarcotic controlled substances) that are 
26used by a euthanasia agency for the purpose of animal 
 
 
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1euthanasia. 
2 (u) "Good faith" means the prescribing or dispensing of a 
3controlled substance by a practitioner in the regular course 
4of professional treatment to or for any person who is under his 
5or her treatment for a pathology or condition other than that 
6individual's physical or psychological dependence upon or 
7addiction to a controlled substance, except as provided 
8herein: and application of the term to a pharmacist shall mean 
9the dispensing of a controlled substance pursuant to the 
10prescriber's order which in the professional judgment of the 
11pharmacist is lawful. The pharmacist shall be guided by 
12accepted professional standards, including, but not limited 
13to, the following, in making the judgment: 
14  (1) lack of consistency of prescriber-patient 
15 relationship, 
16  (2) frequency of prescriptions for same drug by one 
17 prescriber for large numbers of patients, 
18  (3) quantities beyond those normally prescribed, 
19  (4) unusual dosages (recognizing that there may be 
20 clinical circumstances where more or less than the usual 
21 dose may be used legitimately), 
22  (5) unusual geographic distances between patient, 
23 pharmacist and prescriber, 
24  (6) consistent prescribing of habit-forming drugs. 
25 (u-0.5) "Hallucinogen" means a drug that causes markedly 
26altered sensory perception leading to hallucinations of any 
 
 
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1type. 
2 (u-1) "Home infusion services" means services provided by 
3a pharmacy in compounding solutions for direct administration 
4to a patient in a private residence, long-term care facility, 
5or hospice setting by means of parenteral, intravenous, 
6intramuscular, subcutaneous, or intraspinal infusion. 
7 (u-5) "Illinois State Police" means the Illinois State 
8Police or its successor agency. 
9 (v) "Immediate precursor" means a substance: 
10  (1) which the Department has found to be and by rule 
11 designated as being a principal compound used, or produced 
12 primarily for use, in the manufacture of a controlled 
13 substance; 
14  (2) which is an immediate chemical intermediary used 
15 or likely to be used in the manufacture of such controlled 
16 substance; and 
17  (3) the control of which is necessary to prevent, 
18 curtail or limit the manufacture of such controlled 
19 substance. 
20 (w) "Instructional activities" means the acts of teaching, 
21educating or instructing by practitioners using controlled 
22substances within educational facilities approved by the State 
23Board of Education or its successor agency. 
24 (x) "Local authorities" means a duly organized State, 
25County or Municipal peace unit or police force. 
26 (y) "Look-alike substance" means a substance, other than a 
 
 
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1controlled substance which (1) by overall dosage unit 
2appearance, including shape, color, size, markings or lack 
3thereof, taste, consistency, or any other identifying physical 
4characteristic of the substance, would lead a reasonable 
5person to believe that the substance is a controlled 
6substance, or (2) is expressly or impliedly represented to be 
7a controlled substance or is distributed under circumstances 
8which would lead a reasonable person to believe that the 
9substance is a controlled substance. For the purpose of 
10determining whether the representations made or the 
11circumstances of the distribution would lead a reasonable 
12person to believe the substance to be a controlled substance 
13under this clause (2) of subsection (y), the court or other 
14authority may consider the following factors in addition to 
15any other factor that may be relevant: 
16  (a) statements made by the owner or person in control 
17 of the substance concerning its nature, use or effect; 
18  (b) statements made to the buyer or recipient that the 
19 substance may be resold for profit; 
20  (c) whether the substance is packaged in a manner 
21 normally used for the illegal distribution of controlled 
22 substances; 
23  (d) whether the distribution or attempted distribution 
24 included an exchange of or demand for money or other 
25 property as consideration, and whether the amount of the 
26 consideration was substantially greater than the 
 
 
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1 reasonable retail market value of the substance. 
2 Clause (1) of this subsection (y) shall not apply to a 
3noncontrolled substance in its finished dosage form that was 
4initially introduced into commerce prior to the initial 
5introduction into commerce of a controlled substance in its 
6finished dosage form which it may substantially resemble. 
7 Nothing in this subsection (y) prohibits the dispensing or 
8distributing of noncontrolled substances by persons authorized 
9to dispense and distribute controlled substances under this 
10Act, provided that such action would be deemed to be carried 
11out in good faith under subsection (u) if the substances 
12involved were controlled substances. 
13 Nothing in this subsection (y) or in this Act prohibits 
14the manufacture, preparation, propagation, compounding, 
15processing, packaging, advertising or distribution of a drug 
16or drugs by any person registered pursuant to Section 510 of 
17the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). 
18 (y-1) "Mail-order pharmacy" means a pharmacy that is 
19located in a state of the United States that delivers, 
20dispenses or distributes, through the United States Postal 
21Service or other common carrier, to Illinois residents, any 
22substance which requires a prescription. 
23 (z) "Manufacture" means the production, preparation, 
24propagation, compounding, conversion or processing of a 
25controlled substance other than methamphetamine, either 
26directly or indirectly, by extraction from substances of 
 
 
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1natural origin, or independently by means of chemical 
2synthesis, or by a combination of extraction and chemical 
3synthesis, and includes any packaging or repackaging of the 
4substance or labeling of its container, except that this term 
5does not include: 
6  (1) by an ultimate user, the preparation or 
7 compounding of a controlled substance for his or her own 
8 use; 
9  (2) by a practitioner, or his or her authorized agent 
10 under his or her supervision, the preparation, 
11 compounding, packaging, or labeling of a controlled 
12 substance: 
13   (a) as an incident to his or her administering or 
14 dispensing of a controlled substance in the course of 
15 his or her professional practice; or 
16   (b) as an incident to lawful research, teaching or 
17 chemical analysis and not for sale; or 
18  (3) the packaging, repackaging, or labeling of drugs 
19 only to the extent permitted under the Illinois Drug Reuse 
20 Opportunity Program Act. 
21 (z-1) (Blank). 
22 (z-5) "Medication shopping" means the conduct prohibited 
23under subsection (a) of Section 314.5 of this Act.
24 (z-10) "Mid-level practitioner" means (i) a physician 
25assistant who has been delegated authority to prescribe 
26through a written delegation of authority by a physician 
 
 
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1licensed to practice medicine in all of its branches, in 
2accordance with Section 7.5 of the Physician Assistant 
3Practice Act of 1987, (ii) an advanced practice registered 
4nurse who has been delegated authority to prescribe through a 
5written delegation of authority by a physician licensed to 
6practice medicine in all of its branches or by a podiatric 
7physician, in accordance with Section 65-40 of the Nurse 
8Practice Act, (iii) an advanced practice registered nurse 
9certified as a nurse practitioner, nurse midwife, or clinical 
10nurse specialist who has been granted authority to prescribe 
11by a hospital affiliate in accordance with Section 65-45 of 
12the Nurse Practice Act, (iv) an animal euthanasia agency, or 
13(v) a prescribing psychologist. 
14 (aa) "Narcotic drug" means any of the following, whether 
15produced directly or indirectly by extraction from substances 
16of vegetable origin, or independently by means of chemical 
17synthesis, or by a combination of extraction and chemical 
18synthesis: 
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); 
 
 
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1  (3) opium poppy and poppy straw; 
2  (4) coca leaves, except coca leaves and extracts of 
3 coca leaves from which substantially all of the cocaine 
4 and ecgonine, and their isomers, derivatives and salts, 
5 have been removed; 
6  (5) cocaine, its salts, optical and geometric isomers, 
7 and salts of isomers;
8  (6) ecgonine, its derivatives, their salts, isomers, 
9 and salts of isomers;
10  (7) any compound, mixture, or preparation which 
11 contains any quantity of any of the substances referred to 
12 in subparagraphs (1) through (6). 
13 (bb) "Nurse" means a registered nurse licensed under the 
14Nurse Practice Act. 
15 (cc) (Blank). 
16 (dd) "Opiate" means a drug derived from or related to 
17opium any substance having an addiction forming or addiction 
18sustaining liability similar to morphine or being capable of 
19conversion into a drug having addiction forming or addiction 
20sustaining liability. 
21 (ee) "Opium poppy" means the plant of the species Papaver 
22somniferum L., except its seeds. 
23 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or 
24solution or other liquid form of medication intended for 
25administration by mouth, but the term does not include a form 
26of medication intended for buccal, sublingual, or transmucosal 
 
 
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1administration. 
2 (ff) "Parole and Pardon Board" means the Parole and Pardon 
3Board of the State of Illinois or its successor agency. 
4 (gg) "Person" means any individual, corporation, 
5mail-order pharmacy, government or governmental subdivision or 
6agency, business trust, estate, trust, partnership or 
7association, or any other entity. 
8 (hh) "Pharmacist" means any person who holds a license or 
9certificate of registration as a registered pharmacist, a 
10local registered pharmacist or a registered assistant 
11pharmacist under the Pharmacy Practice Act. 
12 (ii) "Pharmacy" means any store, ship or other place in 
13which pharmacy is authorized to be practiced under the 
14Pharmacy Practice Act. 
15 (ii-5) "Pharmacy shopping" means the conduct prohibited 
16under subsection (b) of Section 314.5 of this Act.
17 (ii-10) "Physician" (except when the context otherwise 
18requires) means a person licensed to practice medicine in all 
19of its branches. 
20 (jj) "Poppy straw" means all parts, except the seeds, of 
21the opium poppy, after mowing. 
22 (kk) "Practitioner" means a physician licensed to practice 
23medicine in all its branches, dentist, optometrist, podiatric 
24physician, veterinarian, scientific investigator, pharmacist, 
25physician assistant, advanced practice registered nurse, 
26licensed practical nurse, registered nurse, emergency medical 
 
 
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1services personnel, hospital, laboratory, or pharmacy, or 
2other person licensed, registered, or otherwise lawfully 
3permitted by the United States or this State to distribute, 
4dispense, conduct research with respect to, administer or use 
5in teaching or chemical analysis, a controlled substance in 
6the course of professional practice or research. 
7 (ll) "Pre-printed prescription" means a written 
8prescription upon which the designated drug has been indicated 
9prior to the time of issuance; the term does not mean a written 
10prescription that is individually generated by machine or 
11computer in the prescriber's office. 
12 (mm) "Prescriber" means a physician licensed to practice 
13medicine in all its branches, dentist, optometrist, 
14prescribing psychologist licensed under Section 4.2 of the 
15Clinical Psychologist Licensing Act with prescriptive 
16authority delegated under Section 4.3 of the Clinical 
17Psychologist Licensing Act, podiatric physician, or 
18veterinarian who issues a prescription, a physician assistant 
19who issues a prescription for a controlled substance in 
20accordance with Section 303.05, a written delegation, and a 
21written collaborative agreement required under Section 7.5 of 
22the Physician Assistant Practice Act of 1987, an advanced 
23practice registered nurse with prescriptive authority 
24delegated under Section 65-40 of the Nurse Practice Act and in 
25accordance with Section 303.05, a written delegation, and a 
26written collaborative agreement under Section 65-35 of the 
 
 
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1Nurse Practice Act, an advanced practice registered nurse 
2certified as a nurse practitioner, nurse midwife, or clinical 
3nurse specialist who has been granted authority to prescribe 
4by a hospital affiliate in accordance with Section 65-45 of 
5the Nurse Practice Act and in accordance with Section 303.05, 
6or an advanced practice registered nurse certified as a nurse 
7practitioner, nurse midwife, or clinical nurse specialist who 
8has full practice authority pursuant to Section 65-43 of the 
9Nurse Practice Act. 
10 (nn) "Prescription" means a written, facsimile, or oral 
11order, or an electronic order that complies with applicable 
12federal requirements, of a physician licensed to practice 
13medicine in all its branches, dentist, podiatric physician or 
14veterinarian for any controlled substance, of an optometrist 
15in accordance with Section 15.1 of the Illinois Optometric 
16Practice Act of 1987, of a prescribing psychologist licensed 
17under Section 4.2 of the Clinical Psychologist Licensing Act 
18with prescriptive authority delegated under Section 4.3 of the 
19Clinical Psychologist Licensing Act, of a physician assistant 
20for a controlled substance in accordance with Section 303.05, 
21a written delegation, and a written collaborative agreement 
22required under Section 7.5 of the Physician Assistant Practice 
23Act of 1987, of an advanced practice registered nurse with 
24prescriptive authority delegated under Section 65-40 of the 
25Nurse Practice Act who issues a prescription for a controlled 
26substance in accordance with Section 303.05, a written 
 
 
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1delegation, and a written collaborative agreement under 
2Section 65-35 of the Nurse Practice Act, of an advanced 
3practice registered nurse certified as a nurse practitioner, 
4nurse midwife, or clinical nurse specialist who has been 
5granted authority to prescribe by a hospital affiliate in 
6accordance with Section 65-45 of the Nurse Practice Act and in 
7accordance with Section 303.05 when required by law, or of an 
8advanced practice registered nurse certified as a nurse 
9practitioner, nurse midwife, or clinical nurse specialist who 
10has full practice authority pursuant to Section 65-43 of the 
11Nurse Practice Act. 
12 (nn-5) "Prescription Information Library" (PIL) means an 
13electronic library that contains reported controlled substance 
14data.
15 (nn-10) "Prescription Monitoring Program" (PMP) means the 
16entity that collects, tracks, and stores reported data on 
17controlled substances and select drugs pursuant to Section 
18316. 
19 (oo) "Production" or "produce" means manufacture, 
20planting, cultivating, growing, or harvesting of a controlled 
21substance other than methamphetamine. 
22 (pp) "Registrant" means every person who is required to 
23register under Section 302 of this Act. 
24 (qq) "Registry number" means the number assigned to each 
25person authorized to handle controlled substances under the 
26laws of the United States and of this State. 
 
 
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1 (qq-5) "Secretary" means, as the context requires, either 
2the Secretary of the Department or the Secretary of the 
3Department of Financial and Professional Regulation, and the 
4Secretary's designated agents. 
5 (rr) "State" includes the State of Illinois and any state, 
6district, commonwealth, territory, insular possession thereof, 
7and any area subject to the legal authority of the United 
8States of America. 
9 (rr-5) "Stimulant" means any drug that (i) causes an 
10overall excitation of central nervous system functions, (ii) 
11causes impaired consciousness and awareness, and (iii) can be 
12habit-forming or lead to a substance use disorder abuse 
13problem, including, but not limited to, amphetamines and their 
14analogs, methylphenidate and its analogs, cocaine, and 
15phencyclidine and its analogs. 
16 (rr-10) "Synthetic drug" includes, but is not limited to, 
17any synthetic cannabinoids or piperazines or any synthetic 
18cathinones as provided for in Schedule I. 
19 (ss) "Ultimate user" means a person who lawfully possesses 
20a controlled substance for his or her own use or for the use of 
21a member of his or her household or for administering to an 
22animal owned by him or her or by a member of his or her 
23household. 
24(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22; 
25102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

 
 
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1 (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
2 Sec. 201. (a) The Department shall carry out the 
3provisions of this Article. The Department or its successor 
4agency may, by administrative rule, add additional substances 
5to or delete or reschedule all controlled substances in the 
6Schedules of Sections 204, 206, 208, 210 and 212 of this Act. 
7In making a determination regarding the addition, deletion, or 
8rescheduling of a substance, the Department shall consider the 
9following: 
10  (1) the actual or relative potential for misuse abuse; 
11  (2) the scientific evidence of its pharmacological 
12 effect, if known; 
13  (3) the state of current scientific knowledge 
14 regarding the substance; 
15  (4) the history and current pattern of misuse abuse; 
16  (5) the scope, duration, and significance of misuse 
17 abuse; 
18  (6) the risk to the public health; 
19  (7) the potential of the substance to produce 
20 psychological or physiological dependence or a substance 
21 use disorder; 
22  (8) whether the substance is an immediate precursor of 
23 a substance already controlled under this Article; 
24  (9) the immediate harmful effect in terms of 
25 potentially fatal dosage; and 
26  (10) the long-range effects in terms of permanent 
 
 
10300SB0647sam002- 39 -LRB103 03100 RLC 71201 a


1 health impairment.
2 (b) (Blank). 
3 (c) (Blank). 
4 (d) If any substance is scheduled, rescheduled, or deleted 
5as a controlled substance under Federal law and notice thereof 
6is given to the Department, the Department shall similarly 
7control the substance under this Act after the expiration of 
830 days from publication in the Federal Register of a final 
9order scheduling a substance as a controlled substance or 
10rescheduling or deleting a substance, unless within that 30 
11day period the Department objects, or a party adversely 
12affected files with the Department substantial written 
13objections objecting to inclusion, rescheduling, or deletion. 
14In that case, the Department shall publish the reasons for 
15objection or the substantial written objections and afford all 
16interested parties an opportunity to be heard. At the 
17conclusion of the hearing, the Department shall publish its 
18decision, by means of a rule, which shall be final unless 
19altered by statute. Upon publication of objections by the 
20Department, similar control under this Act whether by 
21inclusion, rescheduling or deletion is stayed until the 
22Department publishes its ruling.
23 (e) (Blank).
24 (f) (Blank).
25 (g) Authority to control under this Section does not 
26extend to distilled spirits, wine, malt beverages, or tobacco 
 
 
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1as those terms are defined or used in the Liquor Control Act of 
21934 and the Tobacco Products Tax Act of 1995.
3 (h) Persons registered with the Drug Enforcement 
4Administration to manufacture or distribute controlled 
5substances shall maintain adequate security and provide 
6effective controls and procedures to guard against theft and 
7diversion, but shall not otherwise be required to meet the 
8physical security control requirements (such as cage or vault) 
9for Schedule V controlled substances containing 
10pseudoephedrine or Schedule II controlled substances 
11containing dextromethorphan. 
12(Source: P.A. 97-334, eff. 1-1-12; 98-756, eff. 7-16-14.)

13 (720 ILCS 570/203) (from Ch. 56 1/2, par. 1203)
14 Sec. 203. The Department, taking into consideration the 
15recommendations of its Prescription Monitoring Program 
16Advisory Committee, may issue a rule scheduling a substance in 
17Schedule I if it finds that:
18  (1) the substance has high potential for misuse abuse; 
19 and
20  (2) the substance has no currently accepted medical 
21 use in treatment in the United States or lacks accepted 
22 safety for use in treatment under medical supervision.
23(Source: P.A. 97-334, eff. 1-1-12.)

24 (720 ILCS 570/205) (from Ch. 56 1/2, par. 1205)
 
 
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1 Sec. 205. The Department, taking into consideration the 
2recommendations of its Prescription Monitoring Program 
3Advisory Committee, may issue a rule scheduling a substance in 
4Schedule II if it finds that:
5  (1) the substance has high potential for misuse abuse;
6  (2) the substance has currently accepted medical use 
7 in treatment in the United States, or currently accepted 
8 medical use with severe restrictions; and
9  (3) the misuse abuse of the substance may lead to 
10 severe psychological or physiological dependence. 
11(Source: P.A. 97-334, eff. 1-1-12.)

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

 
 
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1 (720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
2 Sec. 208. (a) The controlled substances listed in this 
3Section are included in Schedule III.
4 (b) Unless specifically excepted or unless listed in 
5another schedule, any material, compound, mixture, or 
6preparation which contains any quantity of the following 
7substances having a stimulant effect on the central nervous 
8system, including its salts, isomers (whether optical 
9position, or geometric), and salts of such isomers whenever 
10the existence of such salts, isomers, and salts of isomers is 
11possible within the specific chemical designation;
12  (1) Those compounds, mixtures, or preparations in 
13 dosage unit form containing any stimulant substances 
14 listed in Schedule II which compounds, mixtures, or 
15 preparations were listed on August 25, 1971, as excepted 
16 compounds under Title 21, Code of Federal Regulations, 
17 Section 308.32, and any other drug of the quantitative 
18 composition shown in that list for those drugs or which is 
19 the same except that it contains a lesser quantity of 
20 controlled substances;
21  (2) Benzphetamine;
22  (3) Chlorphentermine;
23  (4) Clortermine;
24  (5) Phendimetrazine.
25 (c) Unless specifically excepted or unless listed in 
26another schedule, any material, compound, mixture, or 
 
 
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1preparation which contains any quantity of the following 
2substances having a potential for misuse abuse associated with 
3a depressant effect on the central nervous system:
4  (1) Any compound, mixture, or preparation containing 
5 amobarbital, secobarbital, pentobarbital or any salt 
6 thereof and one or more other active medicinal ingredients 
7 which are not listed in any schedule;
8  (2) Any suppository dosage form containing 
9 amobarbital, secobarbital, pentobarbital or any salt of 
10 any of these drugs and approved by the Federal Food and 
11 Drug Administration for marketing only as a suppository;
12  (3) Any substance which contains any quantity of a 
13 derivative of barbituric acid, or any salt thereof:
14  (3.1) Aprobarbital;
15  (3.2) Butabarbital (secbutabarbital);
16  (3.3) Butalbital;
17  (3.4) Butobarbital (butethal); 
18  (4) Chlorhexadol;
19  (5) Methyprylon;
20  (6) Sulfondiethylmethane;
21  (7) Sulfonethylmethane;
22  (8) Sulfonmethane;
23  (9) Lysergic acid;
24  (10) Lysergic acid amide;
25  (10.1) Tiletamine or zolazepam or both, or any salt of 
26 either of them.
 
 
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1 Some trade or other names for a tiletamine-zolazepam

2 combination product: Telazol.

3 Some trade or other names for Tiletamine:

4 2-(ethylamino)-2-(2-thienyl)-cyclohexanone.

5 Some trade or other names for zolazepam:

6 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-

7 [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
8  (11) Any material, compound, mixture or preparation 
9 containing not more than 12.5 milligrams of pentazocine or 
10 any of its salts, per 325 milligrams of aspirin;
11  (12) Any material, compound, mixture or preparation 
12 containing not more than 12.5 milligrams of pentazocine or 
13 any of its salts, per 325 milligrams of acetaminophen;
14  (13) Any material, compound, mixture or preparation 
15 containing not more than 50 milligrams of pentazocine or 
16 any of its salts plus naloxone HCl USP 0.5 milligrams, per 
17 dosage unit;
18  (14) Ketamine;
19  (15) Thiopental. 
20 (d) Nalorphine.
21 (d.5) Buprenorphine. 
22 (e) Unless specifically excepted or unless listed in 
23another schedule, any material, compound, mixture, or 
24preparation containing limited quantities of any of the 
25following narcotic drugs, or their salts calculated as the 
26free anhydrous base or alkaloid, as set forth below:
 
 
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1  (1) not more than 1.8 grams of codeine per 100 
2 milliliters or not more than 90 milligrams per dosage 
3 unit, with an equal or greater quantity of an isoquinoline 
4 alkaloid of opium;
5  (2) not more than 1.8 grams of codeine per 100 
6 milliliters or not more than 90 milligrams per dosage 
7 unit, with one or more active non-narcotic ingredients in 
8 recognized therapeutic amounts;
9  (3) (blank);
10  (4) (blank);
11  (5) not more than 1.8 grams of dihydrocodeine per 100 
12 milliliters or not more than 90 milligrams per dosage 
13 unit, with one or more active, non-narcotic ingredients in 
14 recognized therapeutic amounts;
15  (6) not more than 300 milligrams of ethylmorphine per 
16 100 milliliters or not more than 15 milligrams per dosage 
17 unit, with one or more active, non-narcotic ingredients in 
18 recognized therapeutic amounts;
19  (7) not more than 500 milligrams of opium per 100 
20 milliliters or per 100 grams, or not more than 25 
21 milligrams per dosage unit, with one or more active, 
22 non-narcotic ingredients in recognized therapeutic 
23 amounts;
24  (8) not more than 50 milligrams of morphine per 100 
25 milliliters or per 100 grams with one or more active, 
26 non-narcotic ingredients in recognized therapeutic 
 
 
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1 amounts.
2 (f) Anabolic steroids, except the following anabolic 
3steroids that are exempt:
4  (1) Androgyn L.A.;
5  (2) Andro-Estro 90-4;
6  (3) depANDROGYN;
7  (4) DEPO-T.E.;
8  (5) depTESTROGEN;
9  (6) Duomone;
10  (7) DURATESTRIN;
11  (8) DUO-SPAN II;
12  (9) Estratest;
13  (10) Estratest H.S.;
14  (11) PAN ESTRA TEST;
15  (12) Premarin with Methyltestosterone;
16  (13) TEST-ESTRO Cypionates;
17  (14) Testosterone Cyp 50 Estradiol Cyp 2;
18  (15) Testosterone Cypionate-Estradiol Cypionate 
19 injection; and
20  (16) Testosterone Enanthate-Estradiol Valerate 
21 injection.
22 (g) Hallucinogenic substances.
23  (1) Dronabinol (synthetic) in sesame oil and 
24 encapsulated in a soft gelatin capsule in a U.S. Food and 
25 Drug Administration approved product. Some other names for 
26 dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro- 
 
 
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1 6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or 
2 (-)-delta-9-(trans)-tetrahydrocannabinol.
3  (2) (Reserved).
4 (h) The Department may except by rule any compound, 
5mixture, or preparation containing any stimulant or depressant 
6substance listed in subsection (b) from the application of all 
7or any part of this Act if the compound, mixture, or 
8preparation contains one or more active medicinal ingredients 
9not having a stimulant or depressant effect on the central 
10nervous system, and if the admixtures are included therein in 
11combinations, quantity, proportion, or concentration that 
12vitiate the potential for misuse abuse of the substances which 
13have a stimulant or depressant effect on the central nervous 
14system.
15(Source: P.A. 100-368, eff. 1-1-18.)

16 (720 ILCS 570/209) (from Ch. 56 1/2, par. 1209)
17 Sec. 209. The Department, taking into consideration the 
18recommendations of its Prescription Monitoring Program 
19Advisory Committee, may issue a rule scheduling a substance in 
20Schedule IV if it finds that:
21  (1) the substance has a low potential for misuse abuse 
22 relative to substances in Schedule III;
23  (2) the substance has currently accepted medical use 
24 in treatment in the United States; and
25  (3) misuse abuse of the substance may lead to limited 
 
 
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1 physiological dependence or psychological dependence 
2 relative to the substances in Schedule III.
3(Source: P.A. 97-334, eff. 1-1-12.)

4 (720 ILCS 570/210) (from Ch. 56 1/2, par. 1210)
5 Sec. 210. (a) The controlled substances listed in this 
6Section are included in Schedule IV.
7 (b) Unless specifically excepted or unless listed in 
8another schedule, any material, compound, mixture, or 
9preparation containing limited quantities of any of the 
10following narcotic drugs, or their salts calculated as the 
11free anhydrous base or alkaloid, as set forth below: 
12  (1) Not more than 1 milligram of difenoxin (DEA Drug 
13 Code No. 9618) and not less than 25 micrograms of atropine 
14 sulfate per dosage unit. 
15  (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1, 
16 2-diphenyl-3-methyl-2-propionoxybutane).
17 (c) Unless specifically excepted or unless listed in 
18another schedule, any material, compound, mixture, or 
19preparation which contains any quantity of the following 
20substances having a potential for misuse abuse associated with 
21a depressant effect on the central nervous system: 
22  (1) Alprazolam; 
23  (2) Barbital; 
24  (2.1) Bromazepam; 
25  (2.2) Camazepam;
 
 
10300SB0647sam002- 49 -LRB103 03100 RLC 71201 a


1  (2.3) Carisoprodol;  
2  (3) Chloral Betaine; 
3  (4) Chloral Hydrate; 
4  (5) Chlordiazepoxide; 
5  (5.1) Clobazam; 
6  (6) Clonazepam; 
7  (7) Clorazepate; 
8  (7.1) Clotiazepam; 
9  (7.2) Cloxazolam; 
10  (7.3) Delorazepam; 
11  (8) Diazepam;
12  (8.05) Dichloralphenazone;  
13  (8.1) Estazolam; 
14  (9) Ethchlorvynol; 
15  (10) Ethinamate; 
16  (10.1) Ethyl loflazepate; 
17  (10.2) Fludiazepam; 
18  (10.3) Flunitrazepam; 
19  (11) Flurazepam;
20  (11.1) Fospropofol;  
21  (12) Halazepam; 
22  (12.1) Haloxazolam; 
23  (12.2) Ketazolam; 
24  (12.3) Loprazolam; 
25  (13) Lorazepam; 
26  (13.1) Lormetazepam; 
 
 
10300SB0647sam002- 50 -LRB103 03100 RLC 71201 a


1  (14) Mebutamate; 
2  (14.1) Medazepam; 
3  (15) Meprobamate; 
4  (16) Methohexital; 
5  (17) Methylphenobarbital (Mephobarbital); 
6  (17.1) Midazolam; 
7  (17.2) Nimetazepam; 
8  (17.3) Nitrazepam; 
9  (17.4) Nordiazepam; 
10  (18) Oxazepam; 
11  (18.1) Oxazolam; 
12  (19) Paraldehyde; 
13  (20) Petrichloral; 
14  (21) Phenobarbital; 
15  (21.1) Pinazepam; 
16  (22) Prazepam; 
17  (22.1) Quazepam; 
18  (23) Temazepam; 
19  (23.1) Tetrazepam;
20  (23.2) Tramadol;  
21  (24) Triazolam; 
22  (24.5) Zaleplon; 
23  (25) Zolpidem;
24  (26) Zopiclone. 
25 (d) Any material, compound, mixture, or preparation which 
26contains any quantity of the following substances, including 
 
 
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1its salts, isomers (whether optical, position, or geometric), 
2and salts of such isomers, whenever the existence of such 
3salts, isomers and salts of isomers is possible: 
4  (1) Fenfluramine.
5 (e) Unless specifically excepted or unless listed in 
6another schedule any material, compound, mixture, or 
7preparation which contains any quantity of the following 
8substances having a stimulant effect on the central nervous 
9system, including its salts, isomers (whether optical, 
10position or geometric), and salts of such isomers whenever the 
11existence of such salts, isomers, and salts of isomers is 
12possible within the specific chemical designation: 
13  (1) Cathine ((+)-norpseudoephedrine); 
14  (1.1)   Diethylpropion; 
15  (1.2) Fencamfamin; 
16  (1.3) Fenproporex; 
17  (2) Mazindol; 
18  (2.1) Mefenorex; 
19  (3) Phentermine; 
20  (4) Pemoline (including organometallic complexes and 
21 chelates thereof); 
22  (5) Pipradrol; 
23  (6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane); 
24  (7) Modafinil; 
25  (8) Sibutramine.
26 (f) Other Substances. Unless specifically excepted or 
 
 
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1unless listed in another schedule, any material, compound, 
2mixture, or preparation that contains any quantity of the 
3following substance, including its salts: 
4  (1) Butorphanol (including its optical isomers).
5 (g) The Department may except by rule any compound, 
6mixture, or preparation containing any depressant substance 
7listed in subsection (b) from the application of all or any 
8part of this Act if the compound, mixture, or preparation 
9contains one or more active medicinal ingredients not having a 
10depressant effect on the central nervous system, and if the 
11admixtures are included therein in combinations, quantity, 
12proportion, or concentration that vitiate the potential for 
13misuse abuse of the substances which have a depressant effect 
14on the central nervous system.
15 (h) Except as otherwise provided in Section 216, any 
16material, compound, mixture, or preparation that contains any 
17quantity of the following substance having a stimulant effect 
18on the central nervous system, including its salts, 
19enantiomers (optical isomers) and salts of enantiomers 
20(optical isomers): 
21  (1) Ephedrine, its salts, optical isomers and salts of 
22 optical isomers.
23(Source: P.A. 97-334, eff. 1-1-12.)

24 (720 ILCS 570/211) (from Ch. 56 1/2, par. 1211)
25 Sec. 211. The Department, taking into consideration the 
 
 
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1recommendations of its Prescription Monitoring Program 
2Advisory Committee, may issue a rule scheduling a substance in 
3Schedule V if it finds that:
4  (1) the substance has low potential for misuse abuse 
5 relative to the controlled substances listed in Schedule 
6 IV;
7  (2) the substance has currently accepted medical use 
8 in treatment in the United States; and
9  (3) misuse abuse of the substance may lead to limited 
10 physiological dependence or psychological dependence 
11 relative to the substances in Schedule IV, or the 
12 substance is a targeted methamphetamine precursor as 
13 defined in the Methamphetamine Precursor Control Act.
14(Source: P.A. 97-334, eff. 1-1-12.)

15 (720 ILCS 570/216)
16 Sec. 216. Ephedrine. 
17 (a) The following drug products containing ephedrine, its 
18salts, optical isomers and salts of optical isomers shall be 
19exempt from the application of Sections 312 and 313 of this Act 
20if they: (i) may lawfully be sold over-the-counter without a 
21prescription under the Federal Food, Drug, and Cosmetic Act; 
22(ii) are labeled and marketed in a manner consistent with 
23Section 341.76 of Title 21 of the Code of Federal Regulations; 
24(iii) are manufactured and distributed for legitimate 
25medicinal use in a manner that reduces or eliminates the 
 
 
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1likelihood of abuse; and (iv) are not marketed, advertised, or 
2labeled for the indications of stimulation, mental alertness, 
3weight loss, muscle enhancement, appetite control, or energy: 
4  (1) Solid oral dosage forms, including soft gelatin 
5 caplets, which are formulated pursuant to 21 CFR 341 or 
6 its successor, and packaged in blister packs of not more 
7 than 2 tablets per blister. 
8  (2) Anorectal preparations containing not more than 5% 
9 ephedrine.
10 (b) The marketing, advertising, or labeling of any product 
11containing ephedrine, a salt of ephedrine, an optical isomer 
12of ephedrine, or a salt of an optical isomer of ephedrine, for 
13the indications of stimulation, mental alertness, weight loss, 
14appetite control, or energy, is prohibited. In determining 
15compliance with this requirement the Department may consider 
16the following factors: 
17  (1) The packaging of the drug product; 
18  (2) The name and labeling of the product; 
19  (3) The manner of distribution, advertising, and 
20 promotion of the product; 
21  (4) Verbal representations made concerning the 
22 product; 
23  (5) The duration, scope, and significance of abuse or 
24 misuse of the particular product.
25 (c) A violation of this Section is a Class A misdemeanor. A 
26second or subsequent violation of this Section is a Class 4 
 
 
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1felony.
2 (d) This Section does not apply to dietary supplements, 
3herbs, or other natural products, including concentrates or 
4extracts, which: 
5  (1) are not otherwise prohibited by law; and 
6  (2) may contain naturally occurring ephedrine, 
7 ephedrine alkaloids, or pseudoephedrine, or their salts, 
8 isomers, or salts of isomers, or a combination of these 
9 substances, that: 
10   (i) are contained in a matrix of organic material; 
11 and 
12   (ii) do not exceed 15% of the total weight of the 
13 natural product.
14 (e) Nothing in this Section limits the scope or terms of 
15the Methamphetamine Precursor Control Act. 
16(Source: P.A. 94-694, eff. 1-15-06.)

17 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
18 Sec. 312. Requirements for dispensing controlled 
19substances. 
20 (a) A practitioner, in good faith, may dispense a Schedule 
21II controlled substance, which is a narcotic drug listed in 
22Section 206 of this Act; or which contains any quantity of 
23amphetamine or methamphetamine, their salts, optical isomers 
24or salts of optical isomers; phenmetrazine and its salts; or 
25pentazocine; and Schedule III, IV, or V controlled substances 
 
 
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1to any person upon a written or electronic prescription of any 
2prescriber, dated and signed by the person prescribing (or 
3electronically validated in compliance with Section 311.5) on 
4the day when issued and bearing the name and address of the 
5patient for whom, or the owner of the animal for which the 
6controlled substance is dispensed, and the full name, address 
7and registry number under the laws of the United States 
8relating to controlled substances of the prescriber, if he or 
9she is required by those laws to be registered. If the 
10prescription is for an animal it shall state the species of 
11animal for which it is ordered. The practitioner filling the 
12prescription shall, unless otherwise permitted, write the date 
13of filling and his or her own signature on the face of the 
14written prescription or, alternatively, shall indicate such 
15filling using a unique identifier as defined in paragraph (v) 
16of Section 3 of the Pharmacy Practice Act. The written 
17prescription shall be retained on file by the practitioner who 
18filled it or pharmacy in which the prescription was filled for 
19a period of 2 years, so as to be readily accessible for 
20inspection or removal by any officer or employee engaged in 
21the enforcement of this Act. Whenever the practitioner's or 
22pharmacy's copy of any prescription is removed by an officer 
23or employee engaged in the enforcement of this Act, for the 
24purpose of investigation or as evidence, such officer or 
25employee shall give to the practitioner or pharmacy a receipt 
26in lieu thereof. If the specific prescription is machine or 
 
 
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1computer generated and printed at the prescriber's office, the 
2date does not need to be handwritten. A prescription for a 
3Schedule II controlled substance shall not be issued for more 
4than a 30 day supply, except as provided in subsection (a-5), 
5and shall be valid for up to 90 days after the date of 
6issuance. A written prescription for Schedule III, IV or V 
7controlled substances shall not be filled or refilled more 
8than 6 months after the date thereof or refilled more than 5 
9times unless renewed, in writing, by the prescriber. A 
10pharmacy shall maintain a policy regarding the type of 
11identification necessary, if any, to receive a prescription in 
12accordance with State and federal law. The pharmacy must post 
13such information where prescriptions are filled.
14 (a-5) Physicians may issue multiple prescriptions (3 
15sequential 30-day supplies) for the same Schedule II 
16controlled substance, authorizing up to a 90-day supply. 
17Before authorizing a 90-day supply of a Schedule II controlled 
18substance, the physician must meet the following conditions:
19  (1) Each separate prescription must be issued for a 
20 legitimate medical purpose by an individual physician 
21 acting in the usual course of professional practice.
22  (2) The individual physician must provide written 
23 instructions on each prescription (other than the first 
24 prescription, if the prescribing physician intends for the 
25 prescription to be filled immediately) indicating the 
26 earliest date on which a pharmacy may fill that 
 
 
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1 prescription. 
2  (3) The physician shall document in the medical record 
3 of a patient the medical necessity for the amount and 
4 duration of the 3 sequential 30-day prescriptions for 
5 Schedule II narcotics. 
6 (a-10) Prescribers who issue a prescription for an opioid 
7shall inform the patient that opioids are addictive and that 
8opioid antagonists are available by prescription or from a 
9pharmacy. 
10 (b) In lieu of a written prescription required by this 
11Section, a pharmacist, in good faith, may dispense Schedule 
12III, IV, or V substances to any person either upon receiving a 
13facsimile of a written, signed prescription transmitted by the 
14prescriber or the prescriber's agent or upon a lawful oral 
15prescription of a prescriber which oral prescription shall be 
16reduced promptly to writing by the pharmacist and such written 
17memorandum thereof shall be dated on the day when such oral 
18prescription is received by the pharmacist and shall bear the 
19full name and address of the ultimate user for whom, or of the 
20owner of the animal for which the controlled substance is 
21dispensed, and the full name, address, and registry number 
22under the law of the United States relating to controlled 
23substances of the prescriber prescribing if he or she is 
24required by those laws to be so registered, and the pharmacist 
25filling such oral prescription shall write the date of filling 
26and his or her own signature on the face of such written 
 
 
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1memorandum thereof. The facsimile copy of the prescription or 
2written memorandum of the oral prescription shall be retained 
3on file by the proprietor of the pharmacy in which it is filled 
4for a period of not less than two years, so as to be readily 
5accessible for inspection by any officer or employee engaged 
6in the enforcement of this Act in the same manner as a written 
7prescription. The facsimile copy of the prescription or oral 
8prescription and the written memorandum thereof shall not be 
9filled or refilled more than 6 months after the date thereof or 
10be refilled more than 5 times, unless renewed, in writing, by 
11the prescriber.
12 (c) Except for any non-prescription targeted 
13methamphetamine precursor regulated by the Methamphetamine 
14Precursor Control Act, a controlled substance included in 
15Schedule V shall not be distributed or dispensed other than 
16for a medical purpose and not for the purpose of evading this 
17Act, and then:
18  (1) only personally by a person registered to dispense 
19 a Schedule V controlled substance and then only to his or 
20 her patients, or
21  (2) only personally by a pharmacist, and then only to 
22 a person over 21 years of age who has identified himself or 
23 herself to the pharmacist by means of 2 positive documents 
24 of identification.
25 The dispenser shall record the name and address of the 
26purchaser, the name and quantity of the product, the date and 
 
 
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1time of the sale, and the dispenser's signature.
2 No person shall purchase or be dispensed more than 120 
3milliliters or more than 120 grams of any Schedule V substance 
4which contains codeine, dihydrocodeine, or any salts thereof, 
5or ethylmorphine, or any salts thereof, in any 96-hour period. 
6The purchaser shall sign a form, approved by the Department of 
7Financial and Professional Regulation, attesting that he or 
8she has not purchased any Schedule V controlled substances 
9within the immediately preceding 96 hours.
10 All records of purchases and sales shall be maintained for 
11not less than 2 years.
12 No person shall obtain or attempt to obtain within any 
13consecutive 96-hour period any Schedule V substances of more 
14than 120 milliliters or more than 120 grams containing 
15codeine, dihydrocodeine or any of its salts, or ethylmorphine 
16or any of its salts. Any person obtaining any such 
17preparations or combination of preparations in excess of this 
18limitation shall be in unlawful possession of such controlled 
19substance.
20 A person qualified to dispense controlled substances under 
21this Act and registered thereunder shall at no time maintain 
22or keep in stock a quantity of Schedule V controlled 
23substances in excess of 4.5 liters for each substance; a 
24pharmacy shall at no time maintain or keep in stock a quantity 
25of Schedule V controlled substances as defined in excess of 
264.5 liters for each substance, plus the additional quantity of 
 
 
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1controlled substances necessary to fill the largest number of 
2prescription orders filled by that pharmacy for such 
3controlled substances in any one week in the previous year. 
4These limitations shall not apply to Schedule V controlled 
5substances which Federal law prohibits from being dispensed 
6without a prescription.
7 No person shall distribute or dispense butyl nitrite for 
8inhalation or other introduction into the human body for 
9euphoric or physical effect.
10 (d) Every practitioner shall keep a record or log of 
11controlled substances received by him or her and a record of 
12all such controlled substances administered, dispensed or 
13professionally used by him or her otherwise than by 
14prescription. It shall, however, be sufficient compliance with 
15this paragraph if any practitioner utilizing controlled 
16substances listed in Schedules III, IV and V shall keep a 
17record of all those substances dispensed and distributed by 
18him or her other than those controlled substances which are 
19administered by the direct application of a controlled 
20substance, whether by injection, inhalation, ingestion, or any 
21other means to the body of a patient or research subject. A 
22practitioner who dispenses, other than by administering, a 
23controlled substance in Schedule II, which is a narcotic drug 
24listed in Section 206 of this Act, or which contains any 
25quantity of amphetamine or methamphetamine, their salts, 
26optical isomers or salts of optical isomers, pentazocine, or 
 
 
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1methaqualone shall do so only upon the issuance of a written 
2prescription blank or electronic prescription issued by a 
3prescriber.
4 (e) Whenever a manufacturer distributes a controlled 
5substance in a package prepared by him or her, and whenever a 
6wholesale distributor distributes a controlled substance in a 
7package prepared by him or her or the manufacturer, he or she 
8shall securely affix to each package in which that substance 
9is contained a label showing in legible English the name and 
10address of the manufacturer, the distributor and the quantity, 
11kind and form of controlled substance contained therein. No 
12person except a pharmacist and only for the purposes of 
13filling a prescription under this Act, shall alter, deface or 
14remove any label so affixed.
15 (f) Whenever a practitioner dispenses any controlled 
16substance except a non-prescription Schedule V product or a 
17non-prescription targeted methamphetamine precursor regulated 
18by the Methamphetamine Precursor Control Act, he or she shall 
19affix to the container in which such substance is sold or 
20dispensed, a label indicating the date of initial filling, the 
21practitioner's name and address, the name of the patient, the 
22name of the prescriber, the directions for use and cautionary 
23statements, if any, contained in any prescription or required 
24by law, the proprietary name or names or the established name 
25of the controlled substance, and the dosage and quantity, 
26except as otherwise authorized by regulation by the Department 
 
 
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1of Financial and Professional Regulation. No person shall 
2alter, deface or remove any label so affixed as long as the 
3specific medication remains in the container.
4 (g) A person to whom or for whose use any controlled 
5substance has been prescribed or dispensed by a practitioner, 
6or other persons authorized under this Act, and the owner of 
7any animal for which such substance has been prescribed or 
8dispensed by a veterinarian, may lawfully possess such 
9substance only in the container in which it was delivered to 
10him or her by the person dispensing such substance.
11 (h) The responsibility for the proper prescribing or 
12dispensing of controlled substances that are under the 
13prescriber's direct control is upon the prescriber. The 
14responsibility for the proper filling of a prescription for 
15controlled substance drugs rests with the pharmacist. An order 
16purporting to be a prescription issued to any individual, 
17which is not in the regular course of professional treatment 
18nor part of an authorized methadone maintenance program, nor 
19in legitimate and authorized research instituted by any 
20accredited hospital, educational institution, charitable 
21foundation, or federal, state or local governmental agency, 
22and which is intended to provide that individual with 
23controlled substances sufficient to maintain that individual's 
24or any other individual's physical or psychological addiction, 
25habitual or customary use, dependence, or diversion of that 
26controlled substance is not a prescription within the meaning 
 
 
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1and intent of this Act; and the person issuing it, shall be 
2subject to the penalties provided for violations of the law 
3relating to controlled substances.
4 (i) A prescriber shall not pre-print or cause to be 
5pre-printed a prescription for any controlled substance; nor 
6shall any practitioner issue, fill or cause to be issued or 
7filled, a pre-printed prescription for any controlled 
8substance.
9 (i-5) A prescriber may use a machine or electronic device 
10to individually generate a printed prescription, but the 
11prescriber is still required to affix his or her manual 
12signature. 
13 (j) No person shall manufacture, dispense, deliver, 
14possess with intent to deliver, prescribe, or administer or 
15cause to be administered under his or her direction any 
16anabolic steroid, for any use in humans other than the 
17treatment of disease in accordance with the order of a 
18physician licensed to practice medicine in all its branches 
19for a valid medical purpose in the course of professional 
20practice. The use of anabolic steroids for the purpose of 
21hormonal manipulation that is intended to increase muscle 
22mass, strength or weight without a medical necessity to do so, 
23or for the intended purpose of improving physical appearance 
24or performance in any form of exercise, sport, or game, is not 
25a valid medical purpose or in the course of professional 
26practice.
 
 
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1 (k) Controlled substances may be mailed if all of the 
2following conditions are met:
3  (1) The controlled substances are not outwardly 
4 dangerous and are not likely, of their own force, to cause 
5 injury to a person's life or health.
6  (2) The inner container of a parcel containing 
7 controlled substances must be marked and sealed as 
8 required under this Act and its rules, and be placed in a 
9 plain outer container or securely wrapped in plain paper.
10  (3) If the controlled substances consist of 
11 prescription medicines, the inner container must be 
12 labeled to show the name and address of the pharmacy or 
13 practitioner dispensing the prescription.
14  (4) The outside wrapper or container must be free of 
15 markings that would indicate the nature of the contents. 
16 (l) Notwithstanding any other provision of this Act to the 
17contrary, emergency medical services personnel may administer 
18Schedule II, III, IV, or V controlled substances to a person in 
19the scope of their employment without a written, electronic, 
20or oral prescription of a prescriber. 
21(Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23.)

22 (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
23 Sec. 313. (a) Controlled substances which are lawfully 
24administered in hospitals or institutions licensed under the 
25Hospital Licensing Act shall be exempt from the requirements 
 
 
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1of Sections 312, 315.6, and 316, except that the prescription 
2for the controlled substance shall be in writing on the 
3patient's record, signed by the prescriber, and dated, and 
4shall state the name and quantity of controlled substances 
5ordered and the quantity actually administered. The records of 
6such prescriptions shall be maintained for two years and shall 
7be available for inspection by officers and employees of the 
8Illinois State Police and the Department of Financial and 
9Professional Regulation.
10 The exemption under this subsection (a) does not apply to 
11a prescription (including an outpatient prescription from an 
12emergency department or outpatient clinic) for more than a 
1372-hour supply of a discharge medication to be consumed 
14outside of the hospital or institution.
15 (b) Controlled substances that can lawfully be 
16administered or dispensed directly to a patient in a long-term 
17care facility licensed by the Department of Public Health as a 
18skilled nursing facility, intermediate care facility, or 
19long-term care facility for residents under 22 years of age, 
20are exempt from the requirements of Section 312 except that a 
21prescription for a Schedule II controlled substance must be 
22either a prescription signed by the prescriber or a 
23prescription transmitted by the prescriber or prescriber's 
24agent to the dispensing pharmacy by facsimile. The facsimile 
25serves as the original prescription and must be maintained for 
262 years from the date of issue in the same manner as a written 
 
 
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1prescription signed by the prescriber.
2 (c) A prescription that is generated for a Schedule II 
3controlled substance to be compounded for direct 
4administration to a patient in a private residence, long-term 
5care facility, or hospice program may be transmitted by 
6facsimile by the prescriber or the prescriber's agent to the 
7pharmacy providing the home infusion services. The facsimile 
8serves as the original prescription for purposes of this 
9paragraph (c) and it shall be maintained in the same manner as 
10the original prescription.
11 (c-1) A prescription generated for a Schedule II 
12controlled substance for a patient residing in a hospice 
13certified by Medicare under Title XVIII of the Social Security 
14Act or licensed by the State may be transmitted by the 
15practitioner or the practitioner's agent to the dispensing 
16pharmacy by facsimile or electronically as provided in Section 
17311.5. The practitioner or practitioner's agent must note on 
18the prescription that the patient is a hospice patient. The 
19facsimile or electronic record serves as the original 
20prescription for purposes of this paragraph (c-1) and it shall 
21be maintained in the same manner as the original prescription. 
22 (d) Controlled substances which are lawfully administered 
23and/or dispensed in substance use disorder drug abuse 
24treatment programs licensed by the Department shall be exempt 
25from the requirements of Sections 312 and 316, except that the 
26prescription for such controlled substances shall be issued 
 
 
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1and authenticated on official prescription logs prepared and 
2maintained in accordance with 77 Ill. Adm. Code 2060: 
3Alcoholism and Substance Abuse Treatment and Intervention 
4Licenses, and in compliance with other applicable State and 
5federal laws. The Department-licensed drug treatment program 
6shall report applicable prescriptions via electronic record 
7keeping software approved by the Department. This software 
8must be compatible with the specifications of the Department. 
9Substance use disorder Drug abuse treatment programs shall 
10report to the Department methadone prescriptions or 
11medications dispensed through the use of Department-approved 
12File Transfer Protocols (FTPs). Methadone prescription records 
13must be maintained in accordance with the applicable 
14requirements as set forth by the Department in accordance with 
1577 Ill. Adm. Code 2060: Alcoholism and Substance Abuse 
16Treatment and Intervention Licenses, and in compliance with 
17other applicable State and federal laws. 
18 (e) Nothing in this Act shall be construed to limit the 
19authority of a hospital pursuant to Section 65-45 of the Nurse 
20Practice Act to grant hospital clinical privileges to an 
21individual advanced practice registered nurse to select, order 
22or administer medications, including controlled substances to 
23provide services within a hospital. Nothing in this Act shall 
24be construed to limit the authority of an ambulatory surgical 
25treatment center pursuant to Section 65-45 of the Nurse 
26Practice Act to grant ambulatory surgical treatment center 
 
 
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1clinical privileges to an individual advanced practice 
2registered nurse to select, order or administer medications, 
3including controlled substances to provide services within an 
4ambulatory surgical treatment center.
5(Source: P.A. 102-608, eff. 8-27-21.)

6 (720 ILCS 570/318)
7 Sec. 318. Confidentiality of information. 
8 (a) Information received by the central repository under 
9Section 316 and former Section 321 is confidential.
10 (a-1) To ensure the federal Health Insurance Portability 
11and Accountability Act and confidentiality of substance use 
12disorder patient records rules that mandate the privacy of an 
13individual's prescription data reported to the Prescription 
14Monitoring Program received from a retail dispenser under this 
15Act, and in order to execute the duties and responsibilities 
16under Section 316 of this Act and rules for disclosure under 
17this Section, the Clinical Director of the Prescription 
18Monitoring Program or his or her designee shall maintain 
19direct access to all Prescription Monitoring Program data. Any 
20request for Prescription Monitoring Program data from any 
21other department or agency must be approved in writing by the 
22Clinical Director of the Prescription Monitoring Program or 
23his or her designee unless otherwise permitted by law. 
24Prescription Monitoring Program data shall only be disclosed 
25as permitted by law. 
 
 
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1 (a-2) As an active step to address the current opioid 
2crisis in this State and to prevent and reduce substance use 
3disorders addiction resulting from a sports injury or an 
4accident, the Prescription Monitoring Program and the 
5Department of Public Health shall coordinate a continuous 
6review of the Prescription Monitoring Program and the 
7Department of Public Health data to determine if a patient may 
8be at risk of opioid use disorder addiction. Each patient 
9discharged from any medical facility with an International 
10Classification of Disease, 10th edition code related to a 
11sport or accident injury shall be subject to the data review. 
12If the discharged patient is dispensed a controlled substance, 
13the Prescription Monitoring Program shall alert the patient's 
14prescriber as to the addiction risk of developing a substance 
15use disorder and urge each to follow the Centers for Disease 
16Control and Prevention guidelines or his or her respective 
17profession's treatment guidelines related to the patient's 
18injury. This subsection (a-2), other than this sentence, is 
19inoperative on or after January 1, 2024. 
20 (b) The Department must carry out a program to protect the 
21confidentiality of the information described in subsection 
22(a). The Department may disclose the information to another 
23person only under subsection (c), (d), or (f) and may charge a 
24fee not to exceed the actual cost of furnishing the 
25information.
26 (c) The Department may disclose confidential information 
 
 
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1described in subsection (a) to any person who is engaged in 
2receiving, processing, or storing the information.
3 (d) The Department may release confidential information 
4described in subsection (a) to the following persons:
5  (1) A governing body that licenses practitioners and 
6 is engaged in an investigation, an adjudication, or a 
7 prosecution of a violation under any State or federal law 
8 that involves a controlled substance.
9  (2) An investigator for the Consumer Protection 
10 Division of the office of the Attorney General, a 
11 prosecuting attorney, the Attorney General, a deputy 
12 Attorney General, or an investigator from the office of 
13 the Attorney General, who is engaged in any of the 
14 following activities involving controlled substances:
15   (A) an investigation;
16   (B) an adjudication; or
17   (C) a prosecution of a violation under any State 
18 or federal law that involves a controlled substance.
19  (3) A law enforcement officer who is:
20   (A) authorized by the Illinois State Police or the 
21 office of a county sheriff or State's Attorney or 
22 municipal police department of Illinois to receive 
23 information of the type requested for the purpose of 
24 investigations involving controlled substances; or
25   (B) approved by the Department to receive 
26 information of the type requested for the purpose of 
 
 
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1 investigations involving controlled substances; and
2   (C) engaged in the investigation or prosecution of 
3 a violation under any State or federal law that 
4 involves a controlled substance.
5  (4) Select representatives of the Department of 
6 Children and Family Services through the indirect online 
7 request process. Access shall be established by an 
8 intergovernmental agreement between the Department of 
9 Children and Family Services and the Department of Human 
10 Services. 
11 (e) Before the Department releases confidential 
12information under subsection (d), the applicant must 
13demonstrate in writing to the Department that:
14  (1) the applicant has reason to believe that a 
15 violation under any State or federal law that involves a 
16 controlled substance has occurred; and
17  (2) the requested information is reasonably related to 
18 the investigation, adjudication, or prosecution of the 
19 violation described in subdivision (1).
20 (f) The Department may receive and release prescription 
21record information under Section 316 and former Section 321 
22to:
23  (1) a governing body that licenses practitioners;
24  (2) an investigator for the Consumer Protection 
25 Division of the office of the Attorney General, a 
26 prosecuting attorney, the Attorney General, a deputy 
 
 
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1 Attorney General, or an investigator from the office of 
2 the Attorney General; 
3  (3) any Illinois law enforcement officer who is:
4   (A) authorized to receive the type of information 
5 released; and
6   (B) approved by the Department to receive the type 
7 of information released; or 
8  (4) prescription monitoring entities in other states 
9 per the provisions outlined in subsection (g) and (h) 
10 below; 
11confidential prescription record information collected under 
12Sections 316 and 321 (now repealed) that identifies vendors or 
13practitioners, or both, who are prescribing or dispensing 
14large quantities of Schedule II, III, IV, or V controlled 
15substances outside the scope of their practice, pharmacy, or 
16business, as determined by the Advisory Committee created by 
17Section 320.
18 (f-5) In accordance with a confidentiality agreement 
19entered into with the Department, a medical director, or a 
20public health administrator and their delegated analysts, of a 
21county or municipal health department or the Department of 
22Public Health shall have access to data from the system for any 
23of the following purposes:
24   (1) developing education programs or public health 
25 interventions relating to prescribing trends and 
26 controlled substance use; or
 
 
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1   (2) conducting analyses and publish reports on 
2 prescribing trends in their respective jurisdictions.
3 At a minimum, the confidentiality agreement entered into 
4with the Department shall:
5  (i) prohibit analysis and reports produced under 
6 subparagraph (2) from including information that 
7 identifies, by name, license, or address, any 
8 practitioner, dispenser, ultimate user, or other person 
9 administering a controlled substance; and
10  (ii) specify the appropriate technical and physical 
11 safeguards that the county or municipal health department 
12 must implement to ensure the privacy and security of data 
13 obtained from the system. The data from the system shall 
14 not be admissible as evidence, nor discoverable in any 
15 action of any kind in any court or before any tribunal, 
16 board, agency, or person. The disclosure of any such 
17 information or data, whether proper or improper, shall not 
18 waive or have any effect upon its confidentiality, 
19 non-discoverability, or non-admissibility. 
20 (g) The information described in subsection (f) may not be 
21released until it has been reviewed by an employee of the 
22Department who is licensed as a prescriber or a dispenser and 
23until that employee has certified that further investigation 
24is warranted. However, failure to comply with this subsection 
25(g) does not invalidate the use of any evidence that is 
26otherwise admissible in a proceeding described in subsection 
 
 
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1(h).
2 (h) An investigator or a law enforcement officer receiving 
3confidential information under subsection (c), (d), or (f) may 
4disclose the information to a law enforcement officer or an 
5attorney for the office of the Attorney General for use as 
6evidence in the following:
7  (1) A proceeding under any State or federal law that 
8 involves a controlled substance.
9  (2) A criminal proceeding or a proceeding in juvenile 
10 court that involves a controlled substance.
11 (i) The Department may compile statistical reports from 
12the information described in subsection (a). The reports must 
13not include information that identifies, by name, license or 
14address, any practitioner, dispenser, ultimate user, or other 
15person administering a controlled substance.
16 (j) Based upon federal, initial and maintenance funding, a 
17prescriber and dispenser inquiry system shall be developed to 
18assist the health care community in its goal of effective 
19clinical practice and to prevent patients from diverting or 
20abusing medications. 
21  (1) An inquirer shall have read-only access to a 
22 stand-alone database which shall contain records for the 
23 previous 12 months.
24  (2) Dispensers may, upon positive and secure 
25 identification, make an inquiry on a patient or customer 
26 solely for a medical purpose as delineated within the 
 
 
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1 federal HIPAA law.
2  (3) The Department shall provide a one-to-one secure 
3 link and encrypted software necessary to establish the 
4 link between an inquirer and the Department. Technical 
5 assistance shall also be provided.
6  (4) Written inquiries are acceptable but must include 
7 the fee and the requester's Drug Enforcement 
8 Administration license number and submitted upon the 
9 requester's business stationery.
10  (5) As directed by the Prescription Monitoring Program 
11 Advisory Committee and the Clinical Director for the 
12 Prescription Monitoring Program, aggregate data that does 
13 not indicate any prescriber, practitioner, dispenser, or 
14 patient may be used for clinical studies.
15  (6) Tracking analysis shall be established and used 
16 per administrative rule.
17  (7) Nothing in this Act or Illinois law shall be 
18 construed to require a prescriber or dispenser to make use 
19 of this inquiry system. 
20  (8) If there is an adverse outcome because of a 
21 prescriber or dispenser making an inquiry, which is 
22 initiated in good faith, the prescriber or dispenser shall 
23 be held harmless from any civil liability. 
24 (k) The Department shall establish, by rule, the process 
25by which to evaluate possible erroneous association of 
26prescriptions to any licensed prescriber or end user of the 
 
 
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1Illinois Prescription Information Library (PIL).
2 (l) The Prescription Monitoring Program Advisory Committee 
3is authorized to evaluate the need for and method of 
4establishing a patient specific identifier.
5 (m) Patients who identify prescriptions attributed to them 
6that were not obtained by them shall be given access to their 
7personal prescription history pursuant to the validation 
8process as set forth by administrative rule.
9 (n) The Prescription Monitoring Program is authorized to 
10develop operational push reports to entities with compatible 
11electronic medical records. The process shall be covered 
12within administrative rule established by the Department.
13 (o) Hospital emergency departments and freestanding 
14healthcare facilities providing healthcare to walk-in patients 
15may obtain, for the purpose of improving patient care, a 
16unique identifier for each shift to utilize the PIL system. 
17 (p) The Prescription Monitoring Program shall 
18automatically create a log-in to the inquiry system when a 
19prescriber or dispenser obtains or renews his or her 
20controlled substance license. The Department of Financial and 
21Professional Regulation must provide the Prescription 
22Monitoring Program with electronic access to the license 
23information of a prescriber or dispenser to facilitate the 
24creation of this profile. The Prescription Monitoring Program 
25shall send the prescriber or dispenser information regarding 
26the inquiry system, including instructions on how to log into 
 
 
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1the system, instructions on how to use the system to promote 
2effective clinical practice, and opportunities for continuing 
3education for the prescribing of controlled substances. The 
4Prescription Monitoring Program shall also send to all 
5enrolled prescribers, dispensers, and designees information 
6regarding the unsolicited reports produced pursuant to Section 
7314.5 of this Act. 
8 (q) A prescriber or dispenser may authorize a designee to 
9consult the inquiry system established by the Department under 
10this subsection on his or her behalf, provided that all the 
11following conditions are met: 
12  (1) the designee so authorized is employed by the same 
13 hospital or health care system; is employed by the same 
14 professional practice; or is under contract with such 
15 practice, hospital, or health care system; 
16  (2) the prescriber or dispenser takes reasonable steps 
17 to ensure that such designee is sufficiently competent in 
18 the use of the inquiry system; 
19  (3) the prescriber or dispenser remains responsible 
20 for ensuring that access to the inquiry system by the 
21 designee is limited to authorized purposes and occurs in a 
22 manner that protects the confidentiality of the 
23 information obtained from the inquiry system, and remains 
24 responsible for any breach of confidentiality; and 
25  (4) the ultimate decision as to whether or not to 
26 prescribe or dispense a controlled substance remains with 
 
 
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1 the prescriber or dispenser.
2 The Prescription Monitoring Program shall send to 
3registered designees information regarding the inquiry system, 
4including instructions on how to log onto the system. 
5 (r) The Prescription Monitoring Program shall maintain an 
6Internet website in conjunction with its prescriber and 
7dispenser inquiry system. This website shall include, at a 
8minimum, the following information: 
9  (1) current clinical guidelines developed by health 
10 care professional organizations on the prescribing of 
11 opioids or other controlled substances as determined by 
12 the Advisory Committee;
13  (2) accredited continuing education programs related 
14 to prescribing of controlled substances; 
15  (3) programs or information developed by health care 
16 professionals that may be used to assess patients or help 
17 ensure compliance with prescriptions;
18  (4) updates from the Food and Drug Administration, the 
19 Centers for Disease Control and Prevention, and other 
20 public and private organizations which are relevant to 
21 prescribing;
22  (5) relevant medical studies related to prescribing;
23  (6) other information regarding the prescription of 
24 controlled substances; and
25  (7) information regarding prescription drug disposal 
26 events, including take-back programs or other disposal 
 
 
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1 options or events. 
2 The content of the Internet website shall be periodically 
3reviewed by the Prescription Monitoring Program Advisory 
4Committee as set forth in Section 320 and updated in 
5accordance with the recommendation of the advisory committee. 
6 (s) The Prescription Monitoring Program shall regularly 
7send electronic updates to the registered users of the 
8Program. The Prescription Monitoring Program Advisory 
9Committee shall review any communications sent to registered 
10users and also make recommendations for communications as set 
11forth in Section 320. These updates shall include the 
12following information: 
13  (1) opportunities for accredited continuing education 
14 programs related to prescribing of controlled substances;
15  (2) current clinical guidelines developed by health 
16 care professional organizations on the prescribing of 
17 opioids or other drugs as determined by the Advisory 
18 Committee;
19  (3) programs or information developed by health care 
20 professionals that may be used to assess patients or help 
21 ensure compliance with prescriptions;
22  (4) updates from the Food and Drug Administration, the 
23 Centers for Disease Control and Prevention, and other 
24 public and private organizations which are relevant to 
25 prescribing;
26  (5) relevant medical studies related to prescribing;
 
 
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1  (6) other information regarding prescribing of 
2 controlled substances;
3  (7) information regarding prescription drug disposal 
4 events, including take-back programs or other disposal 
5 options or events; and
6  (8) reminders that the Prescription Monitoring Program 
7 is a useful clinical tool.
8 (t) Notwithstanding any other provision of this Act, 
9neither the Prescription Monitoring Program nor any other 
10person shall disclose any information in violation of the 
11restrictions and requirements of paragraph (3.5) of subsection 
12(a) of Section 316 as implemented under Public Act 102-527. 
13(Source: P.A. 102-751, eff. 1-1-23.)

14 (720 ILCS 570/320)
15 Sec. 320. Advisory committee. 
16 (a) There is created a Prescription Monitoring Program 
17Advisory Committee to assist the Department of Human Services 
18and Department of Public Health in implementing the 
19Prescription Monitoring Program created by this Article and to 
20advise the Department on the professional performance of 
21prescribers and dispensers and other matters germane to the 
22advisory committee's field of competence.
23 (b) The Prescription Monitoring Program Advisory Committee 
24shall consist of 15 members appointed by the Clinical Director 
25of the Prescription Monitoring Program composed of prescribers 
 
 
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1and dispensers licensed to practice medicine in his or her 
2respective profession as follows: one family or primary care 
3physician; one pain specialist physician; 4 other physicians, 
4one of whom may be an ophthalmologist; 2 advanced practice 
5registered nurses; one physician assistant; one optometrist; 
6one dentist; one clinical representative from a statewide 
7organization representing hospitals; and 3 pharmacists. The 
8Advisory Committee members serving on August 26, 2018 (the 
9effective date of Public Act 100-1093) shall continue to serve 
10until January 1, 2019. Prescriber and dispenser nominations 
11for membership on the Committee shall be submitted by their 
12respective professional associations. If there are more 
13nominees than membership positions for a prescriber or 
14dispenser category, as provided in this subsection (b), the 
15Clinical Director of the Prescription Monitoring Program shall 
16appoint a member or members for each profession as provided in 
17this subsection (b), from the nominations to serve on the 
18advisory committee. At the first meeting of the Committee in 
192019 members shall draw lots for initial terms and 6 members 
20shall serve 3 years, 5 members shall serve 2 years, and 5 
21members shall serve one year. Thereafter, members shall serve 
223-year terms. Members may serve more than one term but no more 
23than 3 terms. The Clinical Director of the Prescription 
24Monitoring Program may appoint a representative of an 
25organization representing a profession required to be 
26appointed. The Clinical Director of the Prescription 
 
 
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1Monitoring Program shall serve as the Secretary of the 
2committee.
3 (c) The advisory committee may appoint a chairperson and 
4other officers as it deems appropriate.
5 (d) The members of the advisory committee shall receive no 
6compensation for their services as members of the advisory 
7committee, unless appropriated by the General Assembly, but 
8may be reimbursed for their actual expenses incurred in 
9serving on the advisory committee.
10 (e) The advisory committee shall:
11  (1) provide a uniform approach to reviewing this Act 
12 in order to determine whether changes should be 
13 recommended to the General Assembly;
14  (2) review current drug schedules in order to manage 
15 changes to the administrative rules pertaining to the 
16 utilization of this Act; 
17  (3) review the following: current clinical guidelines 
18 developed by health care professional organizations on the 
19 prescribing of opioids or other controlled substances; 
20 accredited continuing education programs related to 
21 prescribing and dispensing; programs or information 
22 developed by health care professional organizations that 
23 may be used to assess patients or help ensure compliance 
24 with prescriptions; updates from the Food and Drug 
25 Administration, the Centers for Disease Control and 
26 Prevention, and other public and private organizations 
 
 
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1 which are relevant to prescribing and dispensing; relevant 
2 medical studies; and other publications which involve the 
3 prescription of controlled substances;
4  (4) make recommendations for inclusion of these 
5 materials or other studies which may be effective 
6 resources for prescribers and dispensers on the Internet 
7 website of the inquiry system established under Section 
8 318;
9  (5) semi-annually review the content of the Internet 
10 website of the inquiry system established pursuant to 
11 Section 318 to ensure this Internet website has the most 
12 current available information;
13  (6) semi-annually review opportunities for federal 
14 grants and other forms of funding to support projects 
15 which will increase the number of pilot programs which 
16 integrate the inquiry system with electronic health 
17 records; and 
18  (7) semi-annually review communication to be sent to 
19 all registered users of the inquiry system established 
20 pursuant to Section 318, including recommendations for 
21 relevant accredited continuing education and information 
22 regarding prescribing and dispensing. 
23 (f) The Advisory Committee shall select from its members 
2410 members of the Peer Review Committee composed of:
25  (1) 3 physicians; 
26  (2) 3 pharmacists; 
 
 
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1  (3) one dentist; 
2  (4) one advanced practice registered nurse; 
3  (4.5) (blank); 
4  (5) one physician assistant; and 
5  (6) one optometrist. 
6 The purpose of the Peer Review Committee is to establish a 
7formal peer review of professional performance of prescribers 
8and dispensers. The deliberations, information, and 
9communications of the Peer Review Committee are privileged and 
10confidential and shall not be disclosed in any manner except 
11in accordance with current law. 
12  (1) The Peer Review Committee shall periodically 
13 review the data contained within the prescription 
14 monitoring program to identify those prescribers or 
15 dispensers who may be prescribing or dispensing outside 
16 the currently accepted standard and practice of their 
17 profession. The Peer Review Committee member, whose 
18 profession is the same as the prescriber or dispenser 
19 being reviewed, shall prepare a preliminary report and 
20 recommendation for any non-action or action. The 
21 Prescription Monitoring Program Clinical Director and 
22 staff shall provide the necessary assistance and data as 
23 required. 
24  (2) The Peer Review Committee may identify prescribers 
25 or dispensers who may be prescribing outside the currently 
26 accepted medical standards in the course of their 
 
 
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1 professional practice and send the identified prescriber 
2 or dispenser a request for information regarding their 
3 prescribing or dispensing practices. This request for 
4 information shall be sent via certified mail, return 
5 receipt requested. A prescriber or dispenser shall have 30 
6 days to respond to the request for information. 
7  (3) The Peer Review Committee shall refer a prescriber 
8 or a dispenser to the Department of Financial and 
9 Professional Regulation in the following situations: 
10   (i) if a prescriber or dispenser does not respond 
11 to three successive requests for information;
12   (ii) in the opinion of a majority of members of the 
13 Peer Review Committee, the prescriber or dispenser 
14 does not have a satisfactory explanation for the 
15 practices identified by the Peer Review Committee in 
16 its request for information; or
17   (iii) following communications with the Peer 
18 Review Committee, the prescriber or dispenser does not 
19 sufficiently rectify the practices identified in the 
20 request for information in the opinion of a majority 
21 of the members of the Peer Review Committee. 
22  (4) The Department of Financial and Professional 
23 Regulation may initiate an investigation and discipline in 
24 accordance with current laws and rules for any prescriber 
25 or dispenser referred by the Peer Review Committee. 
26  (5) The Peer Review Committee shall prepare an annual 
 
 
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1 report starting on July 1, 2017. This report shall contain 
2 the following information: the number of times the Peer 
3 Review Committee was convened; the number of prescribers 
4 or dispensers who were reviewed by the Peer Review 
5 Committee; the number of requests for information sent out 
6 by the Peer Review Committee; and the number of 
7 prescribers or dispensers referred to the Department of 
8 Financial and Professional Regulation. The annual report 
9 shall be delivered electronically to the Department and to 
10 the General Assembly. The report to the General Assembly 
11 shall be filed with the Clerk of the House of 
12 Representatives and the Secretary of the Senate in 
13 electronic form only, in the manner that the Clerk and the 
14 Secretary shall direct. The report prepared by the Peer 
15 Review Committee shall not identify any prescriber, 
16 dispenser, or patient. 
17(Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18; 
18100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff. 
198-16-19.)

20 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
21 Sec. 410. (a) Whenever any person who has not previously 
22been convicted of any felony offense under this Act or any law 
23of the United States or of any State relating to cannabis or 
24controlled substances, pleads guilty to or is found guilty of 
25possession of a controlled or counterfeit substance under 
 
 
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1subsection (c) of Section 402 or of unauthorized possession of 
2prescription form under Section 406.2, the court, without 
3entering a judgment and with the consent of such person, may 
4sentence him or her to probation.
5 (b) When a person is placed on probation, the court shall 
6enter an order specifying a period of probation of 24 months 
7and shall defer further proceedings in the case until the 
8conclusion of the period or until the filing of a petition 
9alleging violation of a term or condition of probation.
10 (c) The conditions of probation shall be that the person: 
11(1) not violate any criminal statute of any jurisdiction; (2) 
12refrain from possessing a firearm or other dangerous weapon; 
13(3) submit to periodic drug testing at a time and in a manner 
14as ordered by the court, but no less than 3 times during the 
15period of the probation, with the cost of the testing to be 
16paid by the probationer; and (4) perform no less than 30 hours 
17of community service, provided community service is available 
18in the jurisdiction and is funded and approved by the county 
19board. The court may give credit toward the fulfillment of 
20community service hours for participation in activities and 
21treatment as determined by court services. 
22 (d) The court may, in addition to other conditions, 
23require that the person:
24  (1) make a report to and appear in person before or 
25 participate with the court or such courts, person, or 
26 social service agency as directed by the court in the 
 
 
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1 order of probation;
2  (2) pay a fine and costs;
3  (3) work or pursue a course of study or vocational 
4 training;
5  (4) undergo medical or psychiatric treatment; or 
6 treatment or rehabilitation approved by the Illinois 
7 Department of Human Services;
8  (5) attend or reside in a facility established for the 
9 instruction or residence of defendants on probation;
10  (6) support his or her dependents;
11  (6-5) refrain from having in his or her body the 
12 presence of any illicit drug prohibited by the Cannabis 
13 Control Act, the Illinois Controlled Substances Act, or 
14 the Methamphetamine Control and Community Protection Act, 
15 unless prescribed by a physician, and submit samples of 
16 his or her blood or urine or both for tests to determine 
17 the presence of any illicit drug;
18  (7) and in addition, if a minor:
19   (i) reside with his or her parents or in a foster 
20 home;
21   (ii) attend school;
22   (iii) attend a non-residential program for youth;
23   (iv) contribute to his or her own support at home 
24 or in a foster home.
25 (e) Upon violation of a term or condition of probation, 
26the court may enter a judgment on its original finding of guilt 
 
 
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1and proceed as otherwise provided.
2 (f) Upon fulfillment of the terms and conditions of 
3probation, the court shall discharge the person and dismiss 
4the proceedings against him or her.
5 (g) A disposition of probation is considered to be a 
6conviction for the purposes of imposing the conditions of 
7probation and for appeal, however, discharge and dismissal 
8under this Section is not a conviction for purposes of this Act 
9or for purposes of disqualifications or disabilities imposed 
10by law upon conviction of a crime.
11 (h) A person may not have more than one discharge and 
12dismissal under this Section within a 4-year period.
13 (i) If a person is convicted of an offense under this Act, 
14the Cannabis Control Act, or the Methamphetamine Control and 
15Community Protection Act within 5 years subsequent to a 
16discharge and dismissal under this Section, the discharge and 
17dismissal under this Section shall be admissible in the 
18sentencing proceeding for that conviction as evidence in 
19aggravation.
20 (j) Notwithstanding subsection (a), before a person is 
21sentenced to probation under this Section, the court may refer 
22the person to the drug court established in that judicial 
23circuit pursuant to Section 15 of the Drug Court Treatment 
24Act. The drug court team shall evaluate the person's 
25likelihood of successfully completing a sentence of probation 
26under this Section and shall report the results of its 
 
 
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1evaluation to the court. If the drug court team finds that the 
2person suffers from a substance use disorder abuse problem 
3that makes him or her substantially unlikely to successfully 
4complete a sentence of probation under this Section, then the 
5drug court shall set forth its findings in the form of a 
6written order, and the person shall not be sentenced to 
7probation under this Section, but shall be considered for the 
8drug court program.
9(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 
10100-575, eff. 1-8-18.)

11 (720 ILCS 570/411.2)
12 Sec. 411.2. Drug Treatment Fund; drug treatment grants. 
13 (a) (Blank).
14 (b) (Blank).
15 (c) (Blank).
16 (d) (Blank).
17 (e) (Blank).
18 (f) (Blank).
19 (g) (Blank).
20 (h) The Drug Treatment Fund is hereby established as a 
21special fund within the State Treasury. The Department of 
22Human Services may make grants to persons licensed under 
23Section 15-10 of the Substance Use Disorder Act or to 
24municipalities or counties from funds appropriated to the 
25Department from the Drug Treatment Fund for the treatment of 
 
 
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1pregnant women who have a substance use disorder are addicted 
2to alcohol, cannabis, or controlled substances and for the 
3needed care of minor, unemancipated children of women 
4undergoing residential drug treatment. If the Department of 
5Human Services grants funds to a municipality or a county that 
6the Department determines is not experiencing a healthcare 
7need of problem with pregnant women with a substance use 
8disorder addicted to alcohol, cannabis, or controlled 
9substances, or with care for minor, unemancipated children of 
10women undergoing residential drug treatment, or intervention, 
11the funds shall be used for the treatment of any person with a 
12substance use disorder addicted to alcohol, cannabis, or 
13controlled substances. The Department may adopt such rules as 
14it deems appropriate for the administration of such grants.
15 (i) (Blank).
16(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19; 
17101-81, eff. 7-12-19.)

18 (720 ILCS 570/413) (from Ch. 56 1/2, par. 1413)
19 Sec. 413. (a) Twelve and one-half percent of all amounts 
20collected as fines pursuant to the provisions of this Article 
21shall be paid into the Youth Drug Abuse Prevention Fund, which 
22is hereby created in the State treasury, to be used by the 
23Department for the funding of programs and services for 
24substance use disorder drug-abuse treatment, and prevention 
25and education services, for juveniles.
 
 
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1 (b) Eighty-seven and one-half percent of the proceeds of 
2all fines received under the provisions of this Article shall 
3be transmitted to and deposited in the treasurer's office at 
4the level of government as follows: 
5  (1) If such seizure was made by a combination of law 
6 enforcement personnel representing differing units of 
7 local government, the court levying the fine shall 
8 equitably allocate 50% of the fine among these units of 
9 local government and shall allocate 37 1/2% to the county 
10 general corporate fund. In the event that the seizure was 
11 made by law enforcement personnel representing a unit of 
12 local government from a municipality where the number of 
13 inhabitants exceeds 2 million in population, the court 
14 levying the fine shall allocate 87 1/2% of the fine to that 
15 unit of local government. If the seizure was made by a 
16 combination of law enforcement personnel representing 
17 differing units of local government, and at least one of 
18 those units represents a municipality where the number of 
19 inhabitants exceeds 2 million in population, the court 
20 shall equitably allocate 87 1/2% of the proceeds of the 
21 fines received among the differing units of local 
22 government. 
23  (2) If such seizure was made by State law enforcement 
24 personnel, then the court shall allocate 37 1/2% to the 
25 State treasury and 50% to the county general corporate 
26 fund. 
 
 
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1  (3) If a State law enforcement agency in combination 
2 with a law enforcement agency or agencies of a unit or 
3 units of local government conducted the seizure, the court 
4 shall equitably allocate 37 1/2% of the fines to or among 
5 the law enforcement agency or agencies of the unit or 
6 units of local government which conducted the seizure and 
7 shall allocate 50% to the county general corporate fund.
8 (c) The proceeds of all fines allocated to the law 
9enforcement agency or agencies of the unit or units of local 
10government pursuant to subsection (b) shall be made available 
11to that law enforcement agency as expendable receipts for use 
12in the enforcement of laws regulating cannabis, 
13methamphetamine, and other controlled substances. The proceeds 
14of fines awarded to the State treasury shall be deposited in a 
15special fund known as the Drug Traffic Prevention Fund, except 
16that amounts distributed to the Secretary of State shall be 
17deposited into the Secretary of State Evidence Fund to be used 
18as provided in Section 2-115 of the Illinois Vehicle Code. 
19Monies from this fund may be used by the Illinois State Police 
20or use in the enforcement of laws regulating cannabis, 
21methamphetamine, and other controlled substances; to satisfy 
22funding provisions of the Intergovernmental Drug Laws 
23Enforcement Act; to defray costs and expenses associated with 
24returning violators of the Cannabis Control Act and this Act 
25only, as provided in those Acts, when punishment of the crime 
26shall be confinement of the criminal in the penitentiary; and 
 
 
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1all other monies shall be paid into the general revenue fund in 
2the State treasury.
3(Source: P.A. 97-334, eff. 1-1-12.)

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

5 (720 ILCS 570/508) (from Ch. 56 1/2, par. 1508)
6 Sec. 508. (a) The Department shall encourage research on 
7controlled substances. In connection with the research, and in 
8furtherance of the purposes of this Act, the Department may:
9  (1) establish methods to assess accurately the effect 
10 of controlled substances and identify and characterize 
11 those with potential for misuse abuse;
12  (2) make studies and undertake programs of research 
13 to:
14   (i) develop new or improved approaches, 
15 techniques, systems, equipment and devices to 
16 strengthen the enforcement of this Act;
17   (ii) determine patterns of use and misuse , misuse, 
18 and abuse of controlled substances and their social 
19 effects; and
20   (iii) improve methods for preventing, predicting, 
21 understanding, and dealing with the use and misuse , 
22 misuse and abuse of controlled substances; and
23  (3) enter into contracts with public agencies, 
24 educational institutions, and private organizations or 
25 individuals for the purpose of conducting research, 
 
 
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1 demonstrations, or special projects which relate to the 
2 use and misuse , misuse and abuse of controlled substances.
3 (b) Persons authorized to engage in research may be 
4authorized by the Department to protect the privacy of 
5individuals who are the subjects of such research by 
6withholding from all persons not connected with the conduct of 
7the research the names and other identifying characteristics 
8of such individuals. Persons who are given this authorization 
9shall not be compelled in any civil, criminal, administrative, 
10legislative or other proceeding to identify the individuals 
11who are the subjects of research for which the authorization 
12was granted, except to the extent necessary to permit the 
13Department to determine whether the research is being 
14conducted in accordance with the authorization.
15 (c) The Department may authorize the possession and 
16dispensing of controlled substances by persons engaged in 
17research, upon such terms and conditions as may be consistent 
18with the public health and safety. The Department may also 
19approve research and treatment programs involving the 
20administration of Methadone. The use of Methadone, or any 
21similar controlled substance by any person is prohibited in 
22this State except as approved and authorized by the Department 
23in accordance with its rules and regulations. To the extent of 
24the applicable authorization, persons are exempt from 
25prosecution in this State for possession, manufacture or 
26delivery of controlled substances.
 
 
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1 (d) Practitioners registered under Federal law to conduct 
2research with Schedule I substances may conduct research with 
3Schedule I substances within this State upon furnishing 
4evidence of that Federal registration and notification of the 
5scope and purpose of such research to the Department.
6(Source: P.A. 96-328, eff. 8-11-09.)

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