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1 | AN ACT concerning controlled substances.
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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 5. The Illinois Controlled Substances Act is | |||||||||||||||||||
5 | amended by changing Section 312 as follows:
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6 | (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
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7 | Sec. 312. Requirements for dispensing controlled | |||||||||||||||||||
8 | substances.
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9 | (a) A practitioner, in good faith, may dispense a Schedule
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10 | II controlled substance, which is a narcotic drug listed in | |||||||||||||||||||
11 | Section 206
of this Act; or which contains any quantity of | |||||||||||||||||||
12 | amphetamine or
methamphetamine, their salts, optical isomers | |||||||||||||||||||
13 | or salts of optical
isomers; phenmetrazine and its salts; or | |||||||||||||||||||
14 | pentazocine; and Schedule III, IV, or V controlled substances
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15 | to any person upon
a written prescription of any prescriber, | |||||||||||||||||||
16 | dated and signed
by the
person prescribing on the day when | |||||||||||||||||||
17 | issued and bearing the name and
address of the patient for | |||||||||||||||||||
18 | whom, or the owner of the animal for which
the controlled | |||||||||||||||||||
19 | substance is dispensed, and the full name, address and
registry | |||||||||||||||||||
20 | number under the laws of the United States relating to
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21 | controlled substances of the prescriber, if he is
required by
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22 | those laws to be registered. If the prescription is for an | |||||||||||||||||||
23 | animal it
shall state the species of animal for which it is | |||||||||||||||||||
24 | ordered. The
practitioner filling the prescription shall write | |||||||||||||||||||
25 | the date of filling
and his own signature on the face of the | |||||||||||||||||||
26 | written prescription.
The written prescription shall be
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27 | retained on file by the practitioner who filled it or pharmacy | |||||||||||||||||||
28 | in which
the prescription was filled for a period of 2 years, | |||||||||||||||||||
29 | so as to be readily
accessible for inspection or removal by any | |||||||||||||||||||
30 | officer or employee engaged
in the enforcement of this Act. | |||||||||||||||||||
31 | Whenever the practitioner's or
pharmacy's copy of any | |||||||||||||||||||
32 | prescription is removed by an officer or
employee engaged in |
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1 | the enforcement of this Act, for the purpose of
investigation | ||||||
2 | or as evidence, such officer or employee shall give to the
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3 | practitioner or pharmacy a receipt in lieu thereof. A | ||||||
4 | prescription
for a Schedule II controlled substance shall not | ||||||
5 | be filled more than 7 days
after the date of issuance. A | ||||||
6 | written prescription for Schedule III, IV or
V controlled | ||||||
7 | substances shall not be filled or refilled more than 6 months
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8 | after the date thereof or refilled more than 5 times unless | ||||||
9 | renewed, in
writing, by the prescriber. For the purpose of | ||||||
10 | determining the number of times that a written prescription for | ||||||
11 | a Schedule III, IV, or V controlled substance has been | ||||||
12 | refilled, a partial refill of 50% or less of the refill allowed | ||||||
13 | shall count as 50% of a refill.
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14 | (b) In lieu of a written prescription required by this | ||||||
15 | Section, a
pharmacist, in good faith, may dispense Schedule | ||||||
16 | III, IV, or V
substances to any person either upon receiving a | ||||||
17 | facsimile of a written,
signed prescription transmitted by the | ||||||
18 | prescriber or the prescriber's agent
or upon a lawful oral | ||||||
19 | prescription of a
prescriber which oral prescription shall be | ||||||
20 | reduced
promptly to
writing by the pharmacist and such written | ||||||
21 | memorandum thereof shall be
dated on the day when such oral | ||||||
22 | prescription is received by the
pharmacist and shall bear the | ||||||
23 | full name and address of the ultimate user
for whom, or of the | ||||||
24 | owner of the animal for which the controlled
substance is | ||||||
25 | dispensed, and the full name, address, and registry number
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26 | under the law of the United States relating to controlled | ||||||
27 | substances of
the prescriber prescribing if he is required by | ||||||
28 | those laws
to be so
registered, and the pharmacist filling such | ||||||
29 | oral prescription shall
write the date of filling and his own | ||||||
30 | signature on the face of such
written memorandum thereof. The | ||||||
31 | facsimile copy of the prescription or
written memorandum of the | ||||||
32 | oral
prescription shall be retained on file by the proprietor | ||||||
33 | of the pharmacy
in which it is filled for a period of not less | ||||||
34 | than two years, so as to
be readily accessible for inspection | ||||||
35 | by any officer or employee engaged
in the enforcement of this | ||||||
36 | Act in the same manner as a written
prescription. The facsimile |
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1 | copy of the prescription or oral prescription
and the written | ||||||
2 | memorandum thereof
shall not be filled or refilled more than 6 | ||||||
3 | months after the date
thereof or be refilled more than 5 times, | ||||||
4 | unless renewed, in writing, by
the prescriber. For the purpose | ||||||
5 | of determining the number of times that a facsimile copy of the | ||||||
6 | prescription or oral prescription
and the written memorandum | ||||||
7 | thereof
for a Schedule III, IV, or V controlled substance has | ||||||
8 | been refilled, a partial refill of 50% or less of the refill | ||||||
9 | allowed shall count as 50% of a refill.
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10 | (c) A controlled substance included in Schedule V shall not | ||||||
11 | be
distributed or dispensed other than for a medical purpose | ||||||
12 | and not for
the purpose of evading this Act, and then:
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13 | (1) only personally by a person registered to dispense | ||||||
14 | a Schedule V
controlled substance and then only to his | ||||||
15 | patients, or
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16 | (2) only personally by a pharmacist, and then only to a | ||||||
17 | person over
21 years of age who has identified himself to | ||||||
18 | the pharmacist by means of
2 positive documents of | ||||||
19 | identification.
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20 | (3) the dispenser shall record the name and address of | ||||||
21 | the
purchaser, the name and quantity of the product, the | ||||||
22 | date and time of
the sale, and the dispenser's signature.
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23 | (4) no person shall purchase or be dispensed more than | ||||||
24 | 120
milliliters or more than 120 grams of any Schedule V | ||||||
25 | substance which
contains codeine, dihydrocodeine, or any | ||||||
26 | salts thereof, or
ethylmorphine, or any salts thereof, in | ||||||
27 | any 96 hour period. The
purchaser shall sign a form, | ||||||
28 | approved by the Department of Professional
Regulation, | ||||||
29 | attesting that he has not purchased any Schedule V
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30 | controlled substances within the immediately preceding 96 | ||||||
31 | hours.
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32 | (5) a copy of the records of sale, including all | ||||||
33 | information
required by paragraph (3), shall be forwarded | ||||||
34 | to the Department of
Professional Regulation at its | ||||||
35 | principal office by the 15th day of the following month.
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36 | (6) all records of purchases and sales shall be |
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1 | maintained for not
less than 2 years.
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2 | (7) no person shall obtain or attempt to obtain within | ||||||
3 | any
consecutive 96 hour period any Schedule V substances of | ||||||
4 | more than 120
milliliters or more than 120 grams containing | ||||||
5 | codeine, dihydrocodeine or
any of its salts, or | ||||||
6 | ethylmorphine or any of its salts. Any person
obtaining any | ||||||
7 | such preparations or combination of preparations in excess
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8 | of this limitation shall be in unlawful possession of such | ||||||
9 | controlled
substance.
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10 | (8) a person qualified to dispense controlled | ||||||
11 | substances under this
Act and registered thereunder shall | ||||||
12 | at no time maintain or keep in stock
a quantity of Schedule | ||||||
13 | V controlled substances defined and listed in
Section 212 | ||||||
14 | (b) (1), (2) or (3) in excess of 4.5 liters for each
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15 | substance; a pharmacy shall at no time maintain or keep in | ||||||
16 | stock a
quantity of Schedule V controlled substances as | ||||||
17 | defined in excess of 4.5
liters for each substance, plus | ||||||
18 | the additional quantity of controlled
substances necessary | ||||||
19 | to fill the largest number of prescription orders
filled by | ||||||
20 | that pharmacy for such controlled substances in any one | ||||||
21 | week
in the previous year. These limitations shall not | ||||||
22 | apply to Schedule V
controlled substances which Federal law | ||||||
23 | prohibits from being dispensed
without a prescription.
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24 | (9) no person shall distribute or dispense butyl | ||||||
25 | nitrite for
inhalation or other introduction into the human | ||||||
26 | body for euphoric or
physical effect.
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27 | (d) Every practitioner shall keep a record of controlled | ||||||
28 | substances
received by him and a record of all such controlled | ||||||
29 | substances
administered, dispensed or professionally used by | ||||||
30 | him otherwise than by
prescription. It shall, however, be | ||||||
31 | sufficient compliance with this
paragraph if any practitioner | ||||||
32 | utilizing controlled substances listed in
Schedules III, IV and | ||||||
33 | V shall keep a record of all those substances
dispensed and | ||||||
34 | distributed by him other than those controlled substances
which | ||||||
35 | are administered by the direct application of a controlled
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36 | substance, whether by injection, inhalation, ingestion, or any |
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1 | other
means to the body of a patient or research subject. A | ||||||
2 | practitioner who
dispenses, other than by administering, a | ||||||
3 | controlled substance in
Schedule II, which is a narcotic drug | ||||||
4 | listed in Section 206 of this Act,
or which contains any | ||||||
5 | quantity of amphetamine or methamphetamine, their
salts, | ||||||
6 | optical isomers or salts of optical isomers, pentazocine, or
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7 | methaqualone shall do so only upon
the issuance of a written | ||||||
8 | prescription blank by a
prescriber.
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9 | (e) Whenever a manufacturer distributes a controlled | ||||||
10 | substance in a
package prepared by him, and whenever a | ||||||
11 | wholesale distributor
distributes a controlled substance in a | ||||||
12 | package prepared by him or the
manufacturer, he shall securely | ||||||
13 | affix to each package in which that
substance is contained a | ||||||
14 | label showing in legible English the name and
address of the | ||||||
15 | manufacturer, the distributor and the quantity, kind and
form | ||||||
16 | of controlled substance contained therein. No person except a
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17 | pharmacist and only for the purposes of filling a prescription | ||||||
18 | under
this Act, shall alter, deface or remove any label so | ||||||
19 | affixed.
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20 | (f) Whenever a practitioner dispenses any controlled | ||||||
21 | substance, he
shall affix to the container in which such | ||||||
22 | substance is sold or
dispensed, a label indicating the date of | ||||||
23 | initial filling, the practitioner's
name and address, the name
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24 | of the patient, the name of the prescriber,
the directions
for | ||||||
25 | use and cautionary statements, if any, contained in any | ||||||
26 | prescription
or required by law, the proprietary name or names | ||||||
27 | or the established name
of the controlled substance, and the | ||||||
28 | dosage and quantity, except as otherwise
authorized by | ||||||
29 | regulation by the Department of Professional Regulation. No
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30 | person shall alter, deface or remove any label so affixed.
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31 | (g) A person to whom or for whose use any controlled | ||||||
32 | substance has
been prescribed or dispensed by a practitioner, | ||||||
33 | or other persons
authorized under this Act, and the owner of | ||||||
34 | any animal for which such
substance has been prescribed or | ||||||
35 | dispensed by a veterinarian, may
lawfully possess such | ||||||
36 | substance only in the container in which it was
delivered to |
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1 | him by the person dispensing such substance.
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2 | (h) The responsibility for the proper prescribing or | ||||||
3 | dispensing of
controlled substances is upon the prescriber and | ||||||
4 | the responsibility for
the proper filling of a prescription for | ||||||
5 | controlled substance drugs
rests with the pharmacist. An order | ||||||
6 | purporting to be a prescription
issued to any individual, which | ||||||
7 | is not in the regular course of
professional treatment nor part | ||||||
8 | of an authorized methadone maintenance
program, nor in | ||||||
9 | legitimate and authorized research instituted by any
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10 | accredited hospital, educational institution, charitable | ||||||
11 | foundation, or
federal, state or local governmental agency, and | ||||||
12 | which is intended to
provide that individual with controlled | ||||||
13 | substances sufficient to
maintain that individual's or any | ||||||
14 | other individual's physical or
psychological addiction, | ||||||
15 | habitual or customary use, dependence, or
diversion of that | ||||||
16 | controlled substance is not a prescription within the
meaning | ||||||
17 | and intent of this Act; and the person issuing it, shall be
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18 | subject to the penalties provided for violations of the law | ||||||
19 | relating to
controlled substances.
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20 | (i) A prescriber shall not preprint or cause to be
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21 | preprinted a
prescription for any controlled substance; nor | ||||||
22 | shall any practitioner
issue, fill or cause to be issued or | ||||||
23 | filled, a preprinted prescription
for any controlled | ||||||
24 | substance.
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25 | (j) No person shall manufacture, dispense, deliver, | ||||||
26 | possess with
intent to deliver, prescribe, or administer or | ||||||
27 | cause to be administered
under his direction any anabolic | ||||||
28 | steroid, for any use in humans other than
the treatment of | ||||||
29 | disease in accordance with the order of a physician licensed
to | ||||||
30 | practice medicine in all its branches for a
valid medical | ||||||
31 | purpose in the course of professional practice. The use of
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32 | anabolic steroids for the purpose of hormonal manipulation that | ||||||
33 | is intended
to increase muscle mass, strength or weight without | ||||||
34 | a medical necessity to
do so, or for the intended purpose of | ||||||
35 | improving physical appearance or
performance in any form of | ||||||
36 | exercise, sport, or game, is not a valid medical
purpose or in |
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1 | the course of professional practice.
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2 | (Source: P.A. 90-253, eff. 7-29-97; 91-576, eff. 4-1-00; | ||||||
3 | 91-714, eff. 6-2-00.)
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