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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Drug | ||||||||||||||||||||||||||||||||||||
5 | Repository Program Act. | ||||||||||||||||||||||||||||||||||||
6 | Section 5. Definitions. In this Act: | ||||||||||||||||||||||||||||||||||||
7 | "Department" means the Department of Public Health. | ||||||||||||||||||||||||||||||||||||
8 | "Health care facility" means a hospital, nursing home, | ||||||||||||||||||||||||||||||||||||
9 | physician's office, or other location at which medical or | ||||||||||||||||||||||||||||||||||||
10 | health care services are provided. | ||||||||||||||||||||||||||||||||||||
11 | "Health care professional" means any of the following who | ||||||||||||||||||||||||||||||||||||
12 | provide medical, dental, or other health-related diagnosis, | ||||||||||||||||||||||||||||||||||||
13 | care, or treatment: | ||||||||||||||||||||||||||||||||||||
14 | (1) A physician licensed to practice medicine in all of | ||||||||||||||||||||||||||||||||||||
15 | its branches. | ||||||||||||||||||||||||||||||||||||
16 | (2) A person licensed under the Podiatric Medical | ||||||||||||||||||||||||||||||||||||
17 | Practice Act of 1987. | ||||||||||||||||||||||||||||||||||||
18 | (3) A registered nurse or licensed practical nurse | ||||||||||||||||||||||||||||||||||||
19 | licensed under the Nursing and Advanced Practice Nursing | ||||||||||||||||||||||||||||||||||||
20 | Act. | ||||||||||||||||||||||||||||||||||||
21 | (4) A physician assistant licensed under the Physician | ||||||||||||||||||||||||||||||||||||
22 | Assistant Practice Act of 1987. | ||||||||||||||||||||||||||||||||||||
23 | (5) A dentist or dental hygienist licensed under the | ||||||||||||||||||||||||||||||||||||
24 | Illinois Dental Practice Act. | ||||||||||||||||||||||||||||||||||||
25 | (6) An optometrist licensed under the Illinois | ||||||||||||||||||||||||||||||||||||
26 | Optometric Practice Act of 1987. | ||||||||||||||||||||||||||||||||||||
27 | (7) A pharmacist licensed under the Pharmacy Practice | ||||||||||||||||||||||||||||||||||||
28 | Act of 1987. | ||||||||||||||||||||||||||||||||||||
29 | "Hospital" means a hospital licensed under the Hospital | ||||||||||||||||||||||||||||||||||||
30 | Licensing Act or subject to the University of Illinois Hospital | ||||||||||||||||||||||||||||||||||||
31 | Act. | ||||||||||||||||||||||||||||||||||||
32 | "Nonprofit clinic" means any charitable organization not |
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1 | organized and not operated for profit that provides health care | ||||||
2 | services to indigent and uninsured persons. "Nonprofit clinic" | ||||||
3 | does not include a hospital or a facility that is operated for | ||||||
4 | profit.
| ||||||
5 | "Nursing home" means a facility licensed under the Nursing | ||||||
6 | Home Care Act. | ||||||
7 | "Pharmacy" has the meaning ascribed to that term in the | ||||||
8 | Pharmacy Practice Act of 1987. | ||||||
9 | "Prescription drug" means any drug to which the following | ||||||
10 | applies: | ||||||
11 | (1) Under the "Food, Drug, and Cosmetic Act," 52 Stat. | ||||||
12 | 1040 (1938), 21 U.S.C.A. 301, the drug is required to bear | ||||||
13 | a label containing the legend, "Caution: Federal law | ||||||
14 | prohibits dispensing without prescription" or "Caution: | ||||||
15 | Federal law restricts this drug to use by or on the order | ||||||
16 | of a licensed veterinarian" or any similar restrictive | ||||||
17 | statement, or the drug may be dispensed only upon a | ||||||
18 | prescription. | ||||||
19 | (2) The drug may be dispensed only upon a prescription.
| ||||||
20 | "Program" means the drug repository program established | ||||||
21 | under this Act.
| ||||||
22 | | ||||||
23 | Section 10. Drug repository program. The Department shall | ||||||
24 | establish a drug repository program to accept and dispense | ||||||
25 | prescription drugs donated for the purpose of being dispensed | ||||||
26 | to individuals who are residents of this State and meet | ||||||
27 | eligibility standards established in rules adopted by the | ||||||
28 | Department under Section 30. Only drugs in their original | ||||||
29 | sealed and tamper-evident unit dose packaging may be accepted | ||||||
30 | and dispensed. The packaging must be unopened, except that | ||||||
31 | drugs packaged in single unit doses may be accepted and | ||||||
32 | dispensed when the outside packaging is opened if the single | ||||||
33 | unit dose packaging is undisturbed. Drugs donated by | ||||||
34 | individuals bearing an expiration date that is less than 6 | ||||||
35 | months from the date the drug is donated shall not be accepted |
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1 | or dispensed. A drug shall not be accepted or dispensed if | ||||||
2 | there is reason to believe that it is adulterated as described | ||||||
3 | in the Illinois Food, Drug and Cosmetic Act. Subject to the | ||||||
4 | limitation specified in this Act, unused drugs dispensed for | ||||||
5 | purposes of the medical assistance program under Article V of | ||||||
6 | the Illinois Public Aid Code may be accepted and dispensed | ||||||
7 | under the drug repository program.
| ||||||
8 | Section 15. Donations of prescription drugs. | ||||||
9 | (a) Any person, including a drug manufacturer or health | ||||||
10 | care facility, may donate prescription drugs to the program. | ||||||
11 | The drugs must be donated at a pharmacy, hospital, or nonprofit | ||||||
12 | clinic that elects to participate in the program and meets | ||||||
13 | criteria for participation in the program established in rules | ||||||
14 | adopted by the Department under Section 30. | ||||||
15 | (b) Participation in the program by pharmacies, hospitals, | ||||||
16 | and nonprofit clinics is voluntary. Nothing in this Act | ||||||
17 | requires a pharmacy, hospital, or nonprofit clinic to | ||||||
18 | participate in the program. | ||||||
19 | Section 20. Dispensing of donated drugs. | ||||||
20 | (a) A pharmacy, hospital, or nonprofit clinic eligible to | ||||||
21 | participate in the program shall dispense drugs donated under | ||||||
22 | this Act to individuals who are residents of this State and | ||||||
23 | meet the eligibility standards established in rules adopted by | ||||||
24 | the Department under Section 30 or to other government entities | ||||||
25 | and nonprofit private entities to be dispensed to individuals | ||||||
26 | who meet the eligibility standards. A drug may be dispensed | ||||||
27 | only pursuant to a prescription issued by a licensed health | ||||||
28 | care professional authorized to prescribe drugs.
| ||||||
29 | (b) A pharmacy, hospital, or nonprofit clinic that accepts | ||||||
30 | donated drugs shall comply with all applicable federal laws and | ||||||
31 | laws of this State dealing with storage and distribution of | ||||||
32 | dangerous drugs and shall inspect all drugs prior to dispensing | ||||||
33 | them to determine that they are not adulterated as described in | ||||||
34 | the Illinois Food, Drug and Cosmetic Act. |
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1 | (c) The pharmacy, hospital, or nonprofit clinic may charge | ||||||
2 | individuals receiving donated drugs a handling fee established | ||||||
3 | in accordance with rules adopted by the Department under | ||||||
4 | Section 30. | ||||||
5 | (d) Drugs donated to the repository may not be resold. | ||||||
6 | Section 25. Immunity. | ||||||
7 | (a) The following are immune from civil or criminal | ||||||
8 | liability and from professional disciplinary action or other | ||||||
9 | administrative liability in connection with their good faith | ||||||
10 | conduct related to the donation, acceptance, or dispensing of | ||||||
11 | drugs under the program: | ||||||
12 | (1) The Department of Public Health and its officers, | ||||||
13 | employees, and agents. | ||||||
14 | (2) Any person, including a drug manufacturer, or | ||||||
15 | government entity that donates drugs to the program. | ||||||
16 | (3) Any pharmacy, hospital, nonprofit clinic, or | ||||||
17 | health care professional that accepts or dispenses drugs | ||||||
18 | under the program. | ||||||
19 | (4) Any pharmacy, hospital, or nonprofit clinic that | ||||||
20 | employs a health care professional who accepts or dispenses | ||||||
21 | drugs under the program. | ||||||
22 | (b) A drug manufacturer is immune from civil or criminal | ||||||
23 | liability for its good faith conduct related to the donation, | ||||||
24 | acceptance, or dispensing of a drug manufactured by the drug | ||||||
25 | manufacturer that is donated by any person under the program, | ||||||
26 | including but not limited to liability for failure to transfer | ||||||
27 | or communicate product or consumer information or the | ||||||
28 | expiration date of the donated drug. | ||||||
29 | Section 30. Rules. The Department of Public Health shall | ||||||
30 | adopt rules governing the program. The rules shall include, but | ||||||
31 | need not be limited to, the following: | ||||||
32 | (1) Eligibility criteria for pharmacies, hospitals, | ||||||
33 | and nonprofit clinics to receive and dispense donated drugs | ||||||
34 | under the program. |
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1 | (2) Standards and procedures for accepting, safely | ||||||
2 | storing, and dispensing donated drugs. | ||||||
3 | (3) Standards and procedures for inspecting donated | ||||||
4 | drugs to determine that the original unit dose packaging is | ||||||
5 | sealed and tamper-evident and that the drugs are | ||||||
6 | unadulterated, safe, and suitable for dispensing. | ||||||
7 | (4) Eligibility standards based on economic need for | ||||||
8 | individuals to receive drugs. | ||||||
9 | (5) A means, such as an identification card, by which | ||||||
10 | an individual who is eligible to receive donated drugs may | ||||||
11 | demonstrate eligibility to the pharmacy, hospital, or | ||||||
12 | nonprofit clinic dispensing the drugs. | ||||||
13 | (6) A form that an individual receiving a drug from the | ||||||
14 | repository must sign before receiving the drug to confirm | ||||||
15 | that the individual understands the immunity provisions of | ||||||
16 | the program. | ||||||
17 | (7) A formula to determine the amount of a handling fee | ||||||
18 | that pharmacies, hospitals, and nonprofit clinics may | ||||||
19 | charge to drug recipients to cover restocking and | ||||||
20 | dispensing costs. | ||||||
21 | (8) For drugs donated to the repository by individuals: | ||||||
22 | (A) A list of drugs, arranged either by category or | ||||||
23 | by individual drug, that the repository will accept | ||||||
24 | from individuals. | ||||||
25 | (B) A list of drugs, arranged either by category or | ||||||
26 | by individual drug, that the repository will not accept | ||||||
27 | from individuals. The list must include a statement as | ||||||
28 | to why the drug is ineligible for donation. | ||||||
29 | (C) A form each donor must sign stating that the | ||||||
30 | donor is the owner of the drugs and intends to | ||||||
31 | voluntarily donate them to the repository. | ||||||
32 | (9) For drugs donated to the repository by health care | ||||||
33 | facilities: | ||||||
34 | (A) A list of drugs, arranged either by category or | ||||||
35 | by individual drug, that the repository will accept | ||||||
36 | from health care facilities. |
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1 | (B) A list of drugs, arranged either by category or | ||||||
2 | by individual drug, that the repository will not accept | ||||||
3 | from health care facilities. The list must include a | ||||||
4 | statement as to why the drug is ineligible for | ||||||
5 | donation. | ||||||
6 | (10) Any other standards and procedures the Department | ||||||
7 | considers appropriate.
| ||||||
8 | Section 90. The Pharmacy Practice Act of 1987 is amended by | ||||||
9 | changing Section 4 as follows:
| ||||||
10 | (225 ILCS 85/4) (from Ch. 111, par. 4124)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
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12 | Sec. 4. Exemptions. Nothing contained in any Section of | ||||||
13 | this Act shall
apply
to, or in any manner interfere with:
| ||||||
14 | (a) the lawful practice of any physician licensed to | ||||||
15 | practice medicine in
all of its branches, dentist, podiatrist,
| ||||||
16 | veterinarian, or therapeutically or diagnostically certified | ||||||
17 | optometrist within
the limits of
his or her license, or prevent | ||||||
18 | him or her from
supplying to his
or her
bona fide patients
such | ||||||
19 | drugs, medicines, or poisons as may seem to him appropriate;
| ||||||
20 | (b) the sale of compressed gases;
| ||||||
21 | (c) the sale of patent or proprietary medicines and | ||||||
22 | household remedies
when sold in original and unbroken packages | ||||||
23 | only, if such patent or
proprietary medicines and household | ||||||
24 | remedies be properly and adequately
labeled as to content and | ||||||
25 | usage and generally considered and accepted
as harmless and | ||||||
26 | nonpoisonous when used according to the directions
on the | ||||||
27 | label, and also do not contain opium or coca leaves, or any
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28 | compound, salt or derivative thereof, or any drug which, | ||||||
29 | according
to the latest editions of the following authoritative | ||||||
30 | pharmaceutical
treatises and standards, namely, The United | ||||||
31 | States Pharmacopoeia/National
Formulary (USP/NF), the United | ||||||
32 | States Dispensatory, and the Accepted
Dental Remedies of the | ||||||
33 | Council of Dental Therapeutics of the American
Dental | ||||||
34 | Association or any or either of them, in use on the effective
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1 | date of this Act, or according to the existing provisions of | ||||||
2 | the Federal
Food, Drug, and Cosmetic Act and Regulations of the | ||||||
3 | Department of Health
and Human Services, Food and Drug | ||||||
4 | Administration, promulgated thereunder
now in effect, is | ||||||
5 | designated, described or considered as a narcotic,
hypnotic, | ||||||
6 | habit forming, dangerous, or poisonous drug;
| ||||||
7 | (d) the sale of poultry and livestock remedies in original | ||||||
8 | and unbroken
packages only, labeled for poultry and livestock | ||||||
9 | medication;
| ||||||
10 | (e) the sale of poisonous substances or mixture of | ||||||
11 | poisonous substances,
in unbroken packages, for nonmedicinal | ||||||
12 | use in the arts or industries
or for insecticide purposes; | ||||||
13 | provided, they are properly and adequately
labeled as to | ||||||
14 | content and such nonmedicinal usage, in conformity
with the | ||||||
15 | provisions of all applicable federal, state and local laws
and | ||||||
16 | regulations promulgated thereunder now in effect relating | ||||||
17 | thereto
and governing the same, and those which are required | ||||||
18 | under such applicable
laws and regulations to be labeled with | ||||||
19 | the word "Poison", are also labeled
with the word "Poison" | ||||||
20 | printed
thereon in prominent type and the name of a readily | ||||||
21 | obtainable antidote
with directions for its administration;
| ||||||
22 | (f) the delegation of limited prescriptive authority by a | ||||||
23 | physician
licensed to
practice medicine in all its branches to | ||||||
24 | a physician assistant
under Section 7.5 of the Physician | ||||||
25 | Assistant Practice Act of 1987. This
delegated authority may | ||||||
26 | but is not required to include prescription of
Schedule III, | ||||||
27 | IV, or V controlled substances, as defined in Article II of the
| ||||||
28 | Illinois Controlled Substances Act, in accordance with written | ||||||
29 | guidelines
under Section 7.5 of the Physician Assistant | ||||||
30 | Practice Act of 1987; and
| ||||||
31 | (g) the
The delegation of limited prescriptive authority by | ||||||
32 | a physician
licensed to practice medicine in all its branches | ||||||
33 | to an advanced practice
nurse in accordance with a written | ||||||
34 | collaborative
agreement under Sections 15-15 and 15-20 of the | ||||||
35 | Nursing and Advanced
Practice Nursing Act. This delegated | ||||||
36 | authority may but is not required to
include the prescription |
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1 | of Schedule III, IV, or V controlled substances as
defined
in | ||||||
2 | Article II of the Illinois Controlled Substances Act ; and .
| ||||||
3 | (h) the donation or acceptance, or the packaging, | ||||||
4 | repackaging, or labeling, of prescription drugs to the extent | ||||||
5 | permitted or required under the Drug Repository Program Act.
| ||||||
6 | (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
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7 | 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
| ||||||
8 | Section 91. The Wholesale Drug Distribution Licensing Act | ||||||
9 | is amended by changing Section 15 as follows:
| ||||||
10 | (225 ILCS 120/15) (from Ch. 111, par. 8301-15)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2013)
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12 | Sec. 15. Definitions. As used in this Act:
| ||||||
13 | "Blood" means whole blood collected from a single donor and | ||||||
14 | processed
either for transfusion or further manufacturing.
| ||||||
15 | "Blood component" means that part of blood separated by | ||||||
16 | physical or
mechanical means.
| ||||||
17 | "Board" means the State Board of Pharmacy of the Department | ||||||
18 | of
Professional Regulation.
| ||||||
19 | "Department" means the Department of Professional | ||||||
20 | Regulation.
| ||||||
21 | "Director" means the Director of Professional Regulation.
| ||||||
22 | "Drug sample" means a unit of a prescription drug that is | ||||||
23 | not intended to
be sold and is intended to promote the sale of | ||||||
24 | the drug.
| ||||||
25 | "Manufacturer" means anyone who is engaged in the | ||||||
26 | manufacturing, preparing,
propagating, compounding, | ||||||
27 | processing, packaging, repackaging, or labeling
of a | ||||||
28 | prescription drug. "Manufacturer" does not include anyone who | ||||||
29 | is engaged in the packaging, repackaging, or labeling of | ||||||
30 | prescription drugs only to the extent required under the Drug | ||||||
31 | Repository Program Act.
| ||||||
32 | "Person" means and includes a natural person, partnership, | ||||||
33 | association or
corporation.
| ||||||
34 | "Pharmacy distributor" means any pharmacy licensed in this |
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1 | State or
hospital pharmacy that is engaged in the delivery or | ||||||
2 | distribution of
prescription drugs either to any other pharmacy | ||||||
3 | licensed in this State or
to any other person or entity | ||||||
4 | including, but not limited to, a wholesale
drug distributor | ||||||
5 | engaged in the delivery or distribution of prescription
drugs | ||||||
6 | who is involved in the actual, constructive, or attempted | ||||||
7 | transfer of
a drug in this State to other than the ultimate | ||||||
8 | consumer except as
otherwise provided for by law.
| ||||||
9 | "Prescription drug" means any human drug required by | ||||||
10 | federal law or
regulation to be dispensed only by a | ||||||
11 | prescription, including finished
dosage forms and active | ||||||
12 | ingredients subject to subsection (b) of Section
503 of the | ||||||
13 | Federal Food, Drug and Cosmetic Act.
| ||||||
14 | "Wholesale distribution" or "wholesale distributions" | ||||||
15 | means distribution
of prescription drugs to persons other than | ||||||
16 | a consumer or patient, but does
not include any of the | ||||||
17 | following:
| ||||||
18 | (a) Intracompany sales, defined as any transaction or | ||||||
19 | transfer
between any division, subsidiary, parent, or | ||||||
20 | affiliated or related company
under the common ownership | ||||||
21 | and control of a corporate entity.
| ||||||
22 | (b) The purchase or other acquisition by a hospital or | ||||||
23 | other health
care entity that is a member of a group | ||||||
24 | purchasing organization of a drug
for its own use from the | ||||||
25 | group purchasing organization or from other
hospitals or | ||||||
26 | health care entities that are members of a group | ||||||
27 | organization.
| ||||||
28 | (c) The sale, purchase, or trade of a drug or an offer | ||||||
29 | to sell,
purchase, or trade a drug by a charitable | ||||||
30 | organization described in
subsection (c)(3) of Section 501 | ||||||
31 | of the U.S. Internal Revenue Code of 1954
to a nonprofit | ||||||
32 | affiliate of the organization to the extent otherwise
| ||||||
33 | permitted by law.
| ||||||
34 | (d) The sale, purchase, or trade of a drug or an offer | ||||||
35 | to sell,
purchase, or trade a drug among hospitals or other | ||||||
36 | health care entities
that are under common control. For |
| |||||||
|
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1 | purposes of this Act, "common control"
means the power to | ||||||
2 | direct or cause the direction of the management and
| ||||||
3 | policies of a person or an organization, whether by | ||||||
4 | ownership of stock,
voting rights, contract, or otherwise.
| ||||||
5 | (e) The sale, purchase, or trade of a drug or an offer | ||||||
6 | to sell,
purchase, or trade a drug for emergency medical | ||||||
7 | reasons. For purposes of
this Act, "emergency medical | ||||||
8 | reasons" include transfers of prescription
drugs by a | ||||||
9 | retail pharmacy to another retail pharmacy to alleviate a
| ||||||
10 | temporary shortage.
| ||||||
11 | (f) The sale, purchase, or trade of a drug, an offer to | ||||||
12 | sell, purchase,
or trade a drug, or the dispensing of a | ||||||
13 | drug pursuant to a prescription.
| ||||||
14 | (g) The distribution of drug samples by manufacturers' | ||||||
15 | representatives
or distributors' representatives.
| ||||||
16 | (h) The sale, purchase, or trade of blood and blood | ||||||
17 | components
intended for transfusion.
| ||||||
18 | (i) The donation of prescription drugs to the extent | ||||||
19 | permitted under the Drug Repository Program Act.
| ||||||
20 | "Wholesale drug distributor" means any person or entity | ||||||
21 | engaged in
wholesale distribution of prescription drugs, | ||||||
22 | including, but not limited
to, manufacturers; repackers; own | ||||||
23 | label distributors; jobbers; private
label distributors; | ||||||
24 | brokers; warehouses, including manufacturers' and
| ||||||
25 | distributors' warehouses, chain drug warehouses, and wholesale | ||||||
26 | drug
warehouses; independent wholesale drug traders; and | ||||||
27 | retail
pharmacies that conduct wholesale distributions, | ||||||
28 | including, but
not limited to, any pharmacy distributor as | ||||||
29 | defined in this Section. A
wholesale drug distributor shall not | ||||||
30 | include any for hire carrier or person
or entity hired solely | ||||||
31 | to transport prescription drugs.
| ||||||
32 | (Source: P.A. 87-594.)
| ||||||
33 | Section 92. The Senior Pharmaceutical Assistance Act is | ||||||
34 | amended by changing Section 10 as follows:
|
| |||||||
|
|||||||
1 | (320 ILCS 50/10)
| ||||||
2 | Sec. 10. Definitions. In this Act:
| ||||||
3 | "Manufacturer" includes:
| ||||||
4 | (1) An entity that is engaged in (a) the production, | ||||||
5 | preparation,
propagation, compounding, conversion, or | ||||||
6 | processing of prescription drug
products (i) directly or | ||||||
7 | indirectly by extraction from substances of natural
| ||||||
8 | origin,
(ii) independently by means of chemical synthesis, | ||||||
9 | or (iii) by combination of
extraction
and chemical | ||||||
10 | synthesis; or (b) the packaging, repackaging, labeling or
| ||||||
11 | re-labeling, or distribution of prescription drug | ||||||
12 | products.
| ||||||
13 | (2) The entity holding legal title to or possession of | ||||||
14 | the national
drug code number for the covered prescription | ||||||
15 | drug.
| ||||||
16 | The term does not include a wholesale distributor of drugs,
| ||||||
17 | drugstore chain organization, or retail pharmacy licensed by | ||||||
18 | the State. The term also does not include anyone who is engaged | ||||||
19 | in the packaging, repackaging, or labeling of prescription | ||||||
20 | drugs only to the extent required under the Drug Repository | ||||||
21 | Program Act.
| ||||||
22 | "Prescription drug" means a drug that may be dispensed only | ||||||
23 | upon
prescription by an authorized prescriber and that is | ||||||
24 | approved for safety and
effectiveness as a prescription drug | ||||||
25 | under Section 505 or 507 of the Federal
Food, Drug and Cosmetic | ||||||
26 | Act.
| ||||||
27 | "Senior citizen" or "senior" means a person 65 years of age | ||||||
28 | or
older.
| ||||||
29 | (Source: P.A. 92-594, eff. 6-27-02.)
| ||||||
30 | Section 93. The Illinois Food, Drug and Cosmetic Act is | ||||||
31 | amended by changing Section 16 as follows:
| ||||||
32 | (410 ILCS 620/16) (from Ch. 56 1/2, par. 516)
| ||||||
33 | Sec. 16. (a) The Director is hereby authorized to | ||||||
34 | promulgate
regulations exempting from any labeling or |
| |||||||
|
|||||||
1 | packaging requirement of this
Act drugs and devices which are | ||||||
2 | (i) , in accordance with the practice of the
trade, to be | ||||||
3 | processed, labeled or repacked in substantial quantities at
| ||||||
4 | establishments other than those where originally processed or | ||||||
5 | packaged on
condition that such drugs and devices are not | ||||||
6 | adulterated or misbranded
under the provisions of this Act upon | ||||||
7 | removal from such processing,
labeling or repacking | ||||||
8 | establishment or (ii) packaged, repackaged, or labeled to the | ||||||
9 | extent required under the Drug Repository Program Act .
| ||||||
10 | (b) Drugs and device labeling or packaging exemptions | ||||||
11 | adopted under the
Federal Act and supplements thereto or | ||||||
12 | revisions thereof shall apply to
drugs and devices in Illinois | ||||||
13 | except insofar as modified or rejected by
regulations | ||||||
14 | promulgated by the Director.
| ||||||
15 | (c) A drug intended for use by man which (A) is a | ||||||
16 | habit-forming drug to
which Section 15 (d) applies; or (B) | ||||||
17 | because of its toxicity or other
potentiality for harmful | ||||||
18 | effect or the method of its use or the collateral
measures | ||||||
19 | necessary to its use is not safe for use except under the
| ||||||
20 | supervision of a practitioner licensed by law to administer | ||||||
21 | such drug; or
(C) is limited by an approved application under | ||||||
22 | Section 505 of the Federal
Act or Section 17 of this Act to use | ||||||
23 | under the professional supervision of
a practitioner licensed | ||||||
24 | by law to administer such drug, shall be dispensed
only in | ||||||
25 | accordance with the provisions of the "Illinois Controlled
| ||||||
26 | Substances Act". The act of dispensing a drug contrary to the | ||||||
27 | provisions of
this paragraph shall be deemed to be an act which | ||||||
28 | results in a drug being
misbranded while held for sale.
| ||||||
29 | (d) Any drug dispensed by filling or refilling a written
or | ||||||
30 | oral prescription of a practitioner licensed by law to | ||||||
31 | administer such
drug shall be exempt from the requirements of | ||||||
32 | Section 15, except
subsections (a), (k) and (l) and clauses (2) | ||||||
33 | and (3) of subsection (i), and
the packaging requirements of
| ||||||
34 | subsections (g), (h) and (q), if the drug bears a label | ||||||
35 | containing the
proprietary name or names, or if there is none, | ||||||
36 | the established name or
names of the drugs, the dosage and |
| |||||||
|
|||||||
1 | quantity, unless the prescribing
practitioner, in the interest | ||||||
2 | of the health of the patient, directs
otherwise in writing, the | ||||||
3 | name and address of the dispenser, the serial
number and date | ||||||
4 | of the prescription or of its filling, the name of the
| ||||||
5 | prescriber and, if stated in the prescription, the name of the | ||||||
6 | patient, and
the directions for use and the cautionary | ||||||
7 | statements, if any, contained in
such prescription. This | ||||||
8 | exemption shall not apply to any drug dispensed in
the course | ||||||
9 | of the conduct of business of dispensing drugs pursuant to
| ||||||
10 | diagnosis by mail, or to a drug dispensed in violation of | ||||||
11 | subsection (a) of
this Section.
| ||||||
12 | (e) The Director may by regulation remove drugs subject to
| ||||||
13 | Section 15 (d) and Section 17 from the requirements of | ||||||
14 | subsection (c) of
this Section when such requirements are not | ||||||
15 | necessary for the protection of
the public health.
| ||||||
16 | (f) A drug which is subject to subsection (c) of this | ||||||
17 | Section
shall be deemed to be misbranded if at any time before | ||||||
18 | dispensing its label
fails to bear the statement "Caution: | ||||||
19 | Federal Law Prohibits Dispensing Without
Prescription" or | ||||||
20 | "Caution: State Law Prohibits Dispensing Without
| ||||||
21 | Prescription". A drug to which subsection (c) of this Section | ||||||
22 | does not apply
shall be deemed to be misbranded if at any time | ||||||
23 | prior to dispensing its
label bears the caution statement | ||||||
24 | quoted in the preceding sentence.
| ||||||
25 | (g) Nothing in this Section shall be construed to relieve
| ||||||
26 | any person from any requirement prescribed by or under | ||||||
27 | authority of law
with respect to controlled substances now | ||||||
28 | included or which may hereafter
be included within the | ||||||
29 | classifications of controlled substances cannabis as
defined | ||||||
30 | in applicable Federal laws relating to controlled substances or
| ||||||
31 | cannabis or the Cannabis Control Act.
| ||||||
32 | (Source: P.A. 84-1308.)
| ||||||
33 | Section 94. The Illinois Controlled Substances Act is | ||||||
34 | amended by changing Section 102 as follows: |
| |||||||
|
|||||||
1 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
2 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
3 | context
otherwise requires:
| ||||||
4 | (a) "Addict" means any person who habitually uses any drug, | ||||||
5 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
6 | to endanger the public
morals, health, safety or welfare or who | ||||||
7 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
8 | substance other than alcohol as to have lost
the power of self | ||||||
9 | control with reference to his addiction.
| ||||||
10 | (b) "Administer" means the direct application of a | ||||||
11 | controlled
substance, whether by injection, inhalation, | ||||||
12 | ingestion, or any other
means, to the body of a patient, | ||||||
13 | research subject, or animal (as
defined by the Humane | ||||||
14 | Euthanasia in Animal Shelters Act) by:
| ||||||
15 | (1) a practitioner (or, in his presence, by his | ||||||
16 | authorized agent),
| ||||||
17 | (2) the patient or research subject at the lawful | ||||||
18 | direction of the
practitioner, or
| ||||||
19 | (3) a euthanasia technician as defined by the Humane | ||||||
20 | Euthanasia in
Animal Shelters Act.
| ||||||
21 | (c) "Agent" means an authorized person who acts on behalf | ||||||
22 | of or at
the direction of a manufacturer, distributor, or | ||||||
23 | dispenser. It does not
include a common or contract carrier, | ||||||
24 | public warehouseman or employee of
the carrier or warehouseman.
| ||||||
25 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
26 | substance,
chemically and pharmacologically related to | ||||||
27 | testosterone (other than
estrogens, progestins, and | ||||||
28 | corticosteroids) that promotes muscle growth,
and includes:
| ||||||
29 | (i) boldenone,
| ||||||
30 | (ii) chlorotestosterone,
| ||||||
31 | (iii) chostebol,
| ||||||
32 | (iv) dehydrochlormethyltestosterone,
| ||||||
33 | (v) dihydrotestosterone,
| ||||||
34 | (vi) drostanolone,
| ||||||
35 | (vii) ethylestrenol,
| ||||||
36 | (viii) fluoxymesterone,
|
| |||||||
|
|||||||
1 | (ix) formebulone,
| ||||||
2 | (x) mesterolone,
| ||||||
3 | (xi) methandienone,
| ||||||
4 | (xii) methandranone,
| ||||||
5 | (xiii) methandriol,
| ||||||
6 | (xiv) methandrostenolone,
| ||||||
7 | (xv) methenolone,
| ||||||
8 | (xvi) methyltestosterone,
| ||||||
9 | (xvii) mibolerone,
| ||||||
10 | (xviii) nandrolone,
| ||||||
11 | (xix) norethandrolone,
| ||||||
12 | (xx) oxandrolone,
| ||||||
13 | (xxi) oxymesterone,
| ||||||
14 | (xxii) oxymetholone,
| ||||||
15 | (xxiii) stanolone,
| ||||||
16 | (xxiv) stanozolol,
| ||||||
17 | (xxv) testolactone,
| ||||||
18 | (xxvi) testosterone,
| ||||||
19 | (xxvii) trenbolone, and
| ||||||
20 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
21 | substance described
or listed in this paragraph, if | ||||||
22 | that salt, ester, or isomer promotes muscle
growth.
| ||||||
23 | Any person who is otherwise lawfully in possession of an | ||||||
24 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
25 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
26 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
27 | expressly intended for and lawfully allowed to be
administered | ||||||
28 | through implants to livestock or other nonhuman species, and
| ||||||
29 | which is approved by the Secretary of Health and Human Services | ||||||
30 | for such
administration, and which the person intends to | ||||||
31 | administer or have
administered through such implants, shall | ||||||
32 | not be considered to be in
unauthorized possession or to | ||||||
33 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
34 | possess with intent to deliver such anabolic steroid for
| ||||||
35 | purposes of this Act.
| ||||||
36 | (d) "Administration" means the Drug Enforcement |
| |||||||
|
|||||||
1 | Administration,
United States Department of Justice, or its | ||||||
2 | successor agency.
| ||||||
3 | (e) "Control" means to add a drug or other substance, or | ||||||
4 | immediate
precursor, to a Schedule under Article II of this Act | ||||||
5 | whether by
transfer from another Schedule or otherwise.
| ||||||
6 | (f) "Controlled Substance" means a drug, substance, or | ||||||
7 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
8 | (g) "Counterfeit substance" means a controlled substance, | ||||||
9 | which, or
the container or labeling of which, without | ||||||
10 | authorization bears the
trademark, trade name, or other | ||||||
11 | identifying mark, imprint, number or
device, or any likeness | ||||||
12 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
13 | than the person who in fact manufactured, distributed,
or | ||||||
14 | dispensed the substance.
| ||||||
15 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
16 | or
attempted transfer of possession of a controlled substance, | ||||||
17 | with or
without consideration, whether or not there is an | ||||||
18 | agency relationship.
The term does not include the donation of | ||||||
19 | prescription drugs to the extent permitted under the Drug | ||||||
20 | Repository Program Act.
| ||||||
21 | (i) "Department" means the Illinois Department of Human | ||||||
22 | Services (as
successor to the Department of Alcoholism and | ||||||
23 | Substance Abuse) or its successor agency.
| ||||||
24 | (j) "Department of State Police" means the Department of | ||||||
25 | State
Police of the State of Illinois or its successor agency.
| ||||||
26 | (k) "Department of Corrections" means the Department of | ||||||
27 | Corrections
of the State of Illinois or its successor agency.
| ||||||
28 | (l) "Department of Professional Regulation" means the | ||||||
29 | Department
of Professional Regulation of the State of Illinois | ||||||
30 | or its successor agency.
| ||||||
31 | (m) "Depressant" or "stimulant substance" means:
| ||||||
32 | (1) a drug which contains any quantity of (i) | ||||||
33 | barbituric acid or
any of the salts of barbituric acid | ||||||
34 | which has been designated as habit
forming under section | ||||||
35 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
36 | U.S.C. 352 (d)); or
|
| |||||||
|
|||||||
1 | (2) a drug which contains any quantity of (i) | ||||||
2 | amphetamine or
methamphetamine and any of their optical | ||||||
3 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
4 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
5 | substance which the Department, after
investigation, has | ||||||
6 | found to be, and by rule designated as, habit forming
| ||||||
7 | because of its depressant or stimulant effect on the | ||||||
8 | central nervous
system; or
| ||||||
9 | (3) lysergic acid diethylamide; or
| ||||||
10 | (4) any drug which contains any quantity of a substance | ||||||
11 | which the
Department, after investigation, has found to | ||||||
12 | have, and by rule
designated as having, a potential for | ||||||
13 | abuse because of its depressant or
stimulant effect on the | ||||||
14 | central nervous system or its hallucinogenic
effect.
| ||||||
15 | (n) (Blank).
| ||||||
16 | (o) "Director" means the Director of the Department of | ||||||
17 | State Police or
the Department of Professional Regulation or | ||||||
18 | his designated agents.
| ||||||
19 | (p) "Dispense" means to deliver a controlled substance to | ||||||
20 | an
ultimate user or research subject by or pursuant to the | ||||||
21 | lawful order of
a prescriber, including the prescribing, | ||||||
22 | administering, packaging,
labeling, or compounding necessary | ||||||
23 | to prepare the substance for that
delivery.
| ||||||
24 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
25 | (r) "Distribute" means to deliver, other than by | ||||||
26 | administering or
dispensing, a controlled substance.
| ||||||
27 | (s) "Distributor" means a person who distributes.
| ||||||
28 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
29 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
30 | Pharmacopoeia of the
United States, or official National | ||||||
31 | Formulary, or any supplement to any
of them; (2) substances | ||||||
32 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
33 | prevention of disease in man or animals; (3) substances
(other | ||||||
34 | than food) intended to affect the structure of any function of
| ||||||
35 | the body of man or animals and (4) substances intended for use | ||||||
36 | as a
component of any article specified in clause (1), (2), or |
| |||||||
|
|||||||
1 | (3) of this
subsection. It does not include devices or their | ||||||
2 | components, parts, or
accessories.
| ||||||
3 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
4 | Department of Professional Regulation for the
purpose of animal | ||||||
5 | euthanasia that holds an animal control facility license or
| ||||||
6 | animal
shelter license under the Animal Welfare Act. A | ||||||
7 | euthanasia agency is
authorized to purchase, store, possess, | ||||||
8 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
9 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
10 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
11 | substances
(nonnarcotic controlled substances) that are used | ||||||
12 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
13 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
14 | controlled
substance by a practitioner in the regular course of | ||||||
15 | professional
treatment to or for any person who is under his | ||||||
16 | treatment for a
pathology or condition other than that | ||||||
17 | individual's physical or
psychological dependence upon or | ||||||
18 | addiction to a controlled substance,
except as provided herein: | ||||||
19 | and application of the term to a pharmacist
shall mean the | ||||||
20 | dispensing of a controlled substance pursuant to the
| ||||||
21 | prescriber's order which in the professional judgment of the | ||||||
22 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
23 | accepted professional
standards including, but not limited to | ||||||
24 | the following, in making the
judgment:
| ||||||
25 | (1) lack of consistency of doctor-patient | ||||||
26 | relationship,
| ||||||
27 | (2) frequency of prescriptions for same drug by one | ||||||
28 | prescriber for
large numbers of patients,
| ||||||
29 | (3) quantities beyond those normally prescribed,
| ||||||
30 | (4) unusual dosages,
| ||||||
31 | (5) unusual geographic distances between patient, | ||||||
32 | pharmacist and
prescriber,
| ||||||
33 | (6) consistent prescribing of habit-forming drugs.
| ||||||
34 | (u-1) "Home infusion services" means services provided by a | ||||||
35 | pharmacy in
compounding solutions for direct administration to | ||||||
36 | a patient in a private
residence, long-term care facility, or |
| |||||||
|
|||||||
1 | hospice setting by means of parenteral,
intravenous, | ||||||
2 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
3 | (v) "Immediate precursor" means a substance:
| ||||||
4 | (1) which the Department has found to be and by rule | ||||||
5 | designated as
being a principal compound used, or produced | ||||||
6 | primarily for use, in the
manufacture of a controlled | ||||||
7 | substance;
| ||||||
8 | (2) which is an immediate chemical intermediary used or | ||||||
9 | likely to
be used in the manufacture of such controlled | ||||||
10 | substance; and
| ||||||
11 | (3) the control of which is necessary to prevent, | ||||||
12 | curtail or limit
the manufacture of such controlled | ||||||
13 | substance.
| ||||||
14 | (w) "Instructional activities" means the acts of teaching, | ||||||
15 | educating
or instructing by practitioners using controlled | ||||||
16 | substances within
educational facilities approved by the State | ||||||
17 | Board of Education or
its successor agency.
| ||||||
18 | (x) "Local authorities" means a duly organized State, | ||||||
19 | County or
Municipal peace unit or police force.
| ||||||
20 | (y) "Look-alike substance" means a substance, other than a | ||||||
21 | controlled
substance which (1) by overall dosage unit | ||||||
22 | appearance, including shape,
color, size, markings or lack | ||||||
23 | thereof, taste, consistency, or any other
identifying physical | ||||||
24 | characteristic of the substance, would lead a reasonable
person | ||||||
25 | to believe that the substance is a controlled substance, or (2) | ||||||
26 | is
expressly or impliedly represented to be a controlled | ||||||
27 | substance or is
distributed under circumstances which would | ||||||
28 | lead a reasonable person to
believe that the substance is a | ||||||
29 | controlled substance. For the purpose of
determining whether | ||||||
30 | the representations made or the circumstances of the
| ||||||
31 | distribution would lead a reasonable person to believe the | ||||||
32 | substance to be
a controlled substance under this clause (2) of | ||||||
33 | subsection (y), the court or
other authority may consider the | ||||||
34 | following factors in addition to any other
factor that may be | ||||||
35 | relevant:
| ||||||
36 | (a) statements made by the owner or person in control |
| |||||||
|
|||||||
1 | of the substance
concerning its nature, use or effect;
| ||||||
2 | (b) statements made to the buyer or recipient that the | ||||||
3 | substance may
be resold for profit;
| ||||||
4 | (c) whether the substance is packaged in a manner | ||||||
5 | normally used for the
illegal distribution of controlled | ||||||
6 | substances;
| ||||||
7 | (d) whether the distribution or attempted distribution | ||||||
8 | included an
exchange of or demand for money or other | ||||||
9 | property as consideration, and
whether the amount of the | ||||||
10 | consideration was substantially greater than the
| ||||||
11 | reasonable retail market value of the substance.
| ||||||
12 | Clause (1) of this subsection (y) shall not apply to a | ||||||
13 | noncontrolled
substance in its finished dosage form that was | ||||||
14 | initially introduced into
commerce prior to the initial | ||||||
15 | introduction into commerce of a controlled
substance in its | ||||||
16 | finished dosage form which it may substantially resemble.
| ||||||
17 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
18 | distributing
of noncontrolled substances by persons authorized | ||||||
19 | to dispense and
distribute controlled substances under this | ||||||
20 | Act, provided that such action
would be deemed to be carried | ||||||
21 | out in good faith under subsection (u) if the
substances | ||||||
22 | involved were controlled substances.
| ||||||
23 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
24 | manufacture,
preparation, propagation, compounding, | ||||||
25 | processing, packaging, advertising
or distribution of a drug or | ||||||
26 | drugs by any person registered pursuant to
Section 510 of the | ||||||
27 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
28 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
29 | located in a state
of the United States, other than Illinois, | ||||||
30 | that delivers, dispenses or
distributes, through the United | ||||||
31 | States Postal Service or other common
carrier, to Illinois | ||||||
32 | residents, any substance which requires a prescription.
| ||||||
33 | (z) "Manufacture" means the production, preparation, | ||||||
34 | propagation,
compounding, conversion or processing of a | ||||||
35 | controlled substance, either
directly or indirectly, by | ||||||
36 | extraction from substances of natural origin,
or independently |
| |||||||
|
|||||||
1 | by means of chemical synthesis, or by a combination of
| ||||||
2 | extraction and chemical synthesis, and includes any packaging | ||||||
3 | or
repackaging of the substance or labeling of its container, | ||||||
4 | except that
this term does not include:
| ||||||
5 | (1) by an ultimate user, the preparation or compounding | ||||||
6 | of a
controlled substance for his own use; or
| ||||||
7 | (2) by a practitioner, or his authorized agent under | ||||||
8 | his
supervision, the preparation, compounding, packaging, | ||||||
9 | or labeling of a
controlled substance:
| ||||||
10 | (a) as an incident to his administering or | ||||||
11 | dispensing of a
controlled substance in the course of | ||||||
12 | his professional practice; or
| ||||||
13 | (b) as an incident to lawful research, teaching or | ||||||
14 | chemical
analysis and not for sale ; or .
| ||||||
15 | (3) the packaging, repackaging, or labeling of | ||||||
16 | prescription drugs only to the extent required under the | ||||||
17 | Drug Repository Program Act.
| ||||||
18 | (z-1) "Methamphetamine manufacturing chemical" means any | ||||||
19 | of the following
chemicals or substances containing any of the | ||||||
20 | following chemicals: benzyl
methyl ketone, ephedrine, methyl | ||||||
21 | benzyl ketone,
phenylacetone, phenyl-2-propanone, | ||||||
22 | pseudoephedrine, or red
phosphorous or any of
the salts, | ||||||
23 | optical isomers, or
salts of optical isomers of the | ||||||
24 | above-listed chemicals.
| ||||||
25 | (aa) "Narcotic drug" means any of the following, whether | ||||||
26 | produced
directly or indirectly by extraction from substances | ||||||
27 | of natural origin,
or independently by means of chemical | ||||||
28 | synthesis, or by a combination of
extraction and chemical | ||||||
29 | synthesis:
| ||||||
30 | (1) opium and opiate, and any salt, compound, | ||||||
31 | derivative, or
preparation of opium or opiate;
| ||||||
32 | (2) any salt, compound, isomer, derivative, or | ||||||
33 | preparation thereof
which is chemically equivalent or | ||||||
34 | identical with any of the substances
referred to in clause | ||||||
35 | (1), but not including the isoquinoline alkaloids
of opium;
| ||||||
36 | (3) opium poppy and poppy straw;
|
| |||||||
|
|||||||
1 | (4) coca leaves and any salts, compound, isomer, salt | ||||||
2 | of an isomer,
derivative, or preparation of coca leaves | ||||||
3 | including cocaine or ecgonine,
and any salt, compound, | ||||||
4 | isomer, derivative, or preparation thereof which is
| ||||||
5 | chemically equivalent or identical with any of these | ||||||
6 | substances, but not
including decocainized coca leaves or | ||||||
7 | extractions of coca leaves which do
not contain cocaine or | ||||||
8 | ecgonine (for the purpose of this paragraph, the
term | ||||||
9 | "isomer" includes optical, positional and geometric | ||||||
10 | isomers).
| ||||||
11 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
12 | Nursing and Advanced Practice Nursing Act.
| ||||||
13 | (cc) (Blank).
| ||||||
14 | (dd) "Opiate" means any substance having an addiction | ||||||
15 | forming or
addiction sustaining liability similar to morphine | ||||||
16 | or being capable of
conversion into a drug having addiction | ||||||
17 | forming or addiction sustaining
liability.
| ||||||
18 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
19 | somniferum L., except its seeds.
| ||||||
20 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
21 | Board of
the State of Illinois or its successor agency.
| ||||||
22 | (gg) "Person" means any individual, corporation, | ||||||
23 | mail-order pharmacy,
government or governmental subdivision or | ||||||
24 | agency, business trust, estate,
trust, partnership or | ||||||
25 | association, or any other entity.
| ||||||
26 | (hh) "Pharmacist" means any person who holds a certificate | ||||||
27 | of
registration as a registered pharmacist, a local registered | ||||||
28 | pharmacist
or a registered assistant pharmacist under the | ||||||
29 | Pharmacy Practice Act of 1987.
| ||||||
30 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
31 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
32 | Practice Act of 1987.
| ||||||
33 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
34 | the opium
poppy, after mowing.
| ||||||
35 | (kk) "Practitioner" means a physician licensed to practice | ||||||
36 | medicine in all
its branches, dentist, podiatrist,
|
| |||||||
|
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1 | veterinarian, scientific investigator, pharmacist, physician | ||||||
2 | assistant,
advanced practice nurse,
licensed practical
nurse, | ||||||
3 | registered nurse, hospital, laboratory, or pharmacy, or other
| ||||||
4 | person licensed, registered, or otherwise lawfully permitted | ||||||
5 | by the
United States or this State to distribute, dispense, | ||||||
6 | conduct research
with respect to, administer or use in teaching | ||||||
7 | or chemical analysis, a
controlled substance in the course of | ||||||
8 | professional practice or research.
| ||||||
9 | (ll) "Pre-printed prescription" means a written | ||||||
10 | prescription upon which
the designated drug has been indicated | ||||||
11 | prior to the time of issuance.
| ||||||
12 | (mm) "Prescriber" means a physician licensed to practice | ||||||
13 | medicine in all
its branches, dentist, podiatrist or
| ||||||
14 | veterinarian who issues a prescription, a physician assistant | ||||||
15 | who
issues a
prescription for a Schedule III, IV, or V | ||||||
16 | controlled substance
in accordance
with Section 303.05 and the | ||||||
17 | written guidelines required under Section 7.5
of the
Physician | ||||||
18 | Assistant Practice Act of 1987, or an advanced practice
nurse | ||||||
19 | with prescriptive authority in accordance with Section 303.05
| ||||||
20 | and a written
collaborative agreement under Sections 15-15 and | ||||||
21 | 15-20 of
the Nursing and Advanced Practice Nursing Act.
| ||||||
22 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
23 | verbal order
of
a physician licensed to practice medicine in | ||||||
24 | all its branches,
dentist, podiatrist or veterinarian for any | ||||||
25 | controlled
substance, of a physician assistant for a Schedule | ||||||
26 | III, IV, or V
controlled substance
in accordance with Section | ||||||
27 | 303.05 and the written guidelines required under
Section 7.5 of | ||||||
28 | the
Physician Assistant Practice Act of 1987, or of an advanced | ||||||
29 | practice
nurse who issues a prescription for a Schedule III, | ||||||
30 | IV, or V
controlled substance in accordance
with
Section 303.05 | ||||||
31 | and a written collaborative agreement under Sections 15-15
and
| ||||||
32 | 15-20 of the Nursing and Advanced Practice Nursing Act.
| ||||||
33 | (oo) "Production" or "produce" means manufacture, | ||||||
34 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
35 | substance.
| ||||||
36 | (pp) "Registrant" means every person who is required to |
| |||||||
|
|||||||
1 | register
under Section 302 of this Act.
| ||||||
2 | (qq) "Registry number" means the number assigned to each | ||||||
3 | person
authorized to handle controlled substances under the | ||||||
4 | laws of the United
States and of this State.
| ||||||
5 | (rr) "State" includes the State of Illinois and any state, | ||||||
6 | district,
commonwealth, territory, insular possession thereof, | ||||||
7 | and any area
subject to the legal authority of the United | ||||||
8 | States of America.
| ||||||
9 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
10 | a
controlled substance for his own use or for the use of a | ||||||
11 | member of his
household or for administering to an animal owned | ||||||
12 | by him or by a member
of his household.
| ||||||
13 | (Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03; | ||||||
14 | 93-626, eff. 12-23-03.)
| ||||||
15 | Section 95. The Cannabis and Controlled Substances Tort | ||||||
16 | Claims Act is amended by changing Section 3 as follows:
| ||||||
17 | (740 ILCS 20/3) (from Ch. 70, par. 903)
| ||||||
18 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
19 | context otherwise
requires:
| ||||||
20 | "Cannabis" includes marihuana, hashish, and other | ||||||
21 | substances that
are identified as including any parts of the | ||||||
22 | plant Cannabis Sativa, whether
growing or not, the seeds of | ||||||
23 | that plant, the resin extracted from any part of
that plant, | ||||||
24 | and any compound, manufacture, salt, derivative, mixture, or
| ||||||
25 | preparation of that plant, its seeds, or resin, including
| ||||||
26 | tetrahydrocannabinol (THC) and all other cannabinol | ||||||
27 | derivatives, including
its naturally occurring or | ||||||
28 | synthetically produced ingredients, whether
produced directly | ||||||
29 | or indirectly by extraction, independently by means of
chemical | ||||||
30 | synthesis, or by a combination of extraction and chemical
| ||||||
31 | synthesis. "Cannabis" does not include the mature stalks of | ||||||
32 | that plant, fiber
produced from those stalks, oil or cake made | ||||||
33 | from the seeds of that plant,
any other compound, manufacture, | ||||||
34 | salt, derivative, mixture, or preparation
of mature stalks |
| |||||||
|
|||||||
1 | (except the extracted resin), fiber, oil
or cake, or the | ||||||
2 | sterilized seeds of that plant that are incapable of
| ||||||
3 | germination.
| ||||||
4 | "Controlled substance" means a drug, substance, or | ||||||
5 | immediate precursor in
the Schedules of Article II of the | ||||||
6 | Illinois Controlled Substances Act.
| ||||||
7 | "Counterfeit substance" means a controlled substance or | ||||||
8 | the container or
labeling of a controlled substance that, | ||||||
9 | without authorization, bears the
trademark, trade name, or | ||||||
10 | other identifying mark, imprint, number, device,
or any | ||||||
11 | likeness thereof of a manufacturer, distributor, or dispenser | ||||||
12 | other
than the person who in fact manufactured, distributed, or | ||||||
13 | dispensed the
substance.
| ||||||
14 | "Deliver" or "delivery" means the actual, constructive, or | ||||||
15 | attempted
transfer of possession of a controlled substance or | ||||||
16 | cannabis, with or
without consideration, whether or not there | ||||||
17 | is an agency relationship. The term does not include the | ||||||
18 | donation of prescription drugs to the extent permitted under | ||||||
19 | the Drug Repository Program Act.
| ||||||
20 | "Manufacture" means the production, preparation, | ||||||
21 | propagation,
compounding, conversion, or processing of a | ||||||
22 | controlled substance, either
directly or indirectly, by | ||||||
23 | extraction from substances of natural origin,
independently by | ||||||
24 | means of chemical synthesis, or by a combination of
extraction | ||||||
25 | and chemical synthesis, and includes any packaging or
| ||||||
26 | repackaging of the substance or labeling of its container, | ||||||
27 | except that the
term does not include:
| ||||||
28 | (1) by an ultimate user, the preparation or compounding | ||||||
29 | of a
controlled substance for his own use;
| ||||||
30 | (2) by a practitioner or his authorized agent under his | ||||||
31 | supervision,
the preparation, compounding, packaging, or | ||||||
32 | labeling of a controlled substance : ;
| ||||||
33 | (A) as an incident to his administering or | ||||||
34 | dispensing of a controlled
substance in the course of | ||||||
35 | his professional practice; or
| ||||||
36 | (B) as an incident to lawful research, teaching or |
| |||||||
|
|||||||
1 | chemical analysis
and not for sale; or
| ||||||
2 | (3) the preparation, compounding, packaging, or | ||||||
3 | labeling of cannabis
as an incident to lawful research, | ||||||
4 | teaching, or chemical analysis and not
for sale ; or .
| ||||||
5 | (4) the packaging, repackaging, or labeling of | ||||||
6 | prescription drugs only to the extent required under the | ||||||
7 | Drug Repository Program Act.
| ||||||
8 | "Owner" means a person who has possession of or any | ||||||
9 | interest
whatsoever in the property involved.
| ||||||
10 | "Person" means an individual, a corporation, a government,
| ||||||
11 | a governmental subdivision or agency, a business trust, an | ||||||
12 | estate, a trust,
a partnership or association, or any other | ||||||
13 | entity.
| ||||||
14 | "Production" means planting, cultivating, tending, or | ||||||
15 | harvesting.
| ||||||
16 | "Property" means real property, including things growing | ||||||
17 | on,
affixed to, and found in land, and tangible or intangible | ||||||
18 | personal
property, including rights, services, privileges, | ||||||
19 | interests, claims,
and securities.
| ||||||
20 | (Source: P.A. 87-544.)
|