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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 Cancer | ||||||||||||||||||||||||
5 | Drug Repository Program Act. | ||||||||||||||||||||||||
6 | Section 5. Definitions. In this Act: | ||||||||||||||||||||||||
7 | "Cancer drug" means a prescription drug that is used to | ||||||||||||||||||||||||
8 | treat any of the following: | ||||||||||||||||||||||||
9 | (1) Cancer or side effects of cancer. | ||||||||||||||||||||||||
10 | (2) The side effects of any prescription drug that is | ||||||||||||||||||||||||
11 | used to treat cancer or side effects of cancer. | ||||||||||||||||||||||||
12 | "Department" means the Department of Public Health. | ||||||||||||||||||||||||
13 | "Dispense" has the meaning given to that term in the | ||||||||||||||||||||||||
14 | Pharmacy Practice Act of 1987. | ||||||||||||||||||||||||
15 | "Medical facility" means any of the following: | ||||||||||||||||||||||||
16 | (1) A hospital licensed under the Hospital Licensing | ||||||||||||||||||||||||
17 | Act or subject to the University of Illinois Hospital Act. | ||||||||||||||||||||||||
18 | (2) A clinic or office where a physician licensed to | ||||||||||||||||||||||||
19 | practice medicine in all its branches conducts the practice | ||||||||||||||||||||||||
20 | of medicine. | ||||||||||||||||||||||||
21 | "Pharmacist" means an individual licensed to engage in the | ||||||||||||||||||||||||
22 | practice of pharmacy under the Pharmacy Practice Act of 1987. | ||||||||||||||||||||||||
23 | "Pharmacy" means a pharmacy registered in this State under |
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1 | the Pharmacy Practice Act of 1987. | ||||||
2 | "Practitioner" means a person licensed in this State to | ||||||
3 | prescribe and administer drugs or licensed in another state and | ||||||
4 | recognized by this State as a person authorized to prescribe | ||||||
5 | and administer drugs. | ||||||
6 | "Prescription drug" means any prescribed drug that may be | ||||||
7 | legally dispensed by a pharmacy. | ||||||
8 | "Program" means the cancer drug repository program | ||||||
9 | established under this Act. | ||||||
10 | Section 10. Cancer drug repository program. The Department | ||||||
11 | shall establish and maintain a cancer drug repository program, | ||||||
12 | under which any person may donate a cancer drug or supplies | ||||||
13 | needed to administer a cancer drug for use by an individual who | ||||||
14 | meets eligibility criteria specified by the Department in | ||||||
15 | rules. Donations may be made on the premises of a medical | ||||||
16 | facility or pharmacy that elects to participate in the program | ||||||
17 | and meets requirements specified by the Department in rules. | ||||||
18 | The medical facility or pharmacy may charge an individual who | ||||||
19 | receives a cancer drug or supplies needed to administer a | ||||||
20 | cancer drug under this Act a handling fee that may not exceed | ||||||
21 | the amount specified by the Department in rules. A medical | ||||||
22 | facility or pharmacy that receives a donated cancer drug or | ||||||
23 | supplies needed to administer a cancer drug under this Act may | ||||||
24 | distribute the cancer drug or supplies to another eligible | ||||||
25 | medical facility or pharmacy for use under the program.
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| |||||||
1 | Section 15. Requirements for accepting and dispensing | ||||||
2 | cancer drugs and supplies. A cancer drug or supplies needed to | ||||||
3 | administer a cancer drug may be accepted and dispensed under | ||||||
4 | the program only if all of the following requirements are met:
| ||||||
5 | (1) The cancer drug or supplies needed to administer a | ||||||
6 | cancer drug are in their original, unopened, sealed, and | ||||||
7 | tamper-evident unit-dose packaging or, if packaged in | ||||||
8 | single-unit doses, the single-unit-dose packaging is | ||||||
9 | unopened.
| ||||||
10 | (2) The cancer drug bears an expiration date that is | ||||||
11 | later than 6 months after the date that the drug was | ||||||
12 | donated.
| ||||||
13 | (3) The cancer drug or supplies needed to administer a | ||||||
14 | cancer drug are not adulterated or misbranded, as | ||||||
15 | determined by a pharmacist employed by, or under contract | ||||||
16 | with, the medical facility or pharmacy where the drug or | ||||||
17 | supplies are accepted or dispensed. The pharmacist must | ||||||
18 | inspect the drug or supplies before the drug or supplies | ||||||
19 | are dispensed.
| ||||||
20 | (4) The cancer drug or supplies needed to administer a | ||||||
21 | cancer drug are prescribed by a practitioner for use by an | ||||||
22 | eligible individual and are dispensed by a pharmacist.
| ||||||
23 | Section 20. Resale of donated drugs or supplies prohibited. | ||||||
24 | No cancer drug or supplies needed to administer a cancer drug |
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| |||||||
1 | that are donated for use under this Act may be resold.
| ||||||
2 | Section 25. Participation in program not required. Nothing | ||||||
3 | in this Act requires that a medical facility, pharmacy, | ||||||
4 | pharmacist, or practitioner participate in the cancer drug | ||||||
5 | repository program.
| ||||||
6 | Section 30. Immunity. | ||||||
7 | (a) Unless the manufacturer of a drug or supply exercises | ||||||
8 | bad faith, the manufacturer is not subject to criminal or civil | ||||||
9 | liability for injury, death, or loss to a person or property | ||||||
10 | for matters related to the donation, acceptance, or dispensing | ||||||
11 | of a cancer drug or supply manufactured by the manufacturer | ||||||
12 | that is donated by any person under this Act, including | ||||||
13 | liability for failure to transfer or communicate product or | ||||||
14 | consumer information or the expiration date of the donated | ||||||
15 | cancer drug or supply.
| ||||||
16 | (b) Except as provided in subsection (c), a person other | ||||||
17 | than the manufacturer of a drug or supply is immune from civil | ||||||
18 | liability for injury to or the death of the individual to whom | ||||||
19 | the cancer drug or supply is dispensed and may not be found | ||||||
20 | guilty of unprofessional conduct for his or her acts or | ||||||
21 | omissions related to donating, accepting, distributing, or | ||||||
22 | dispensing a cancer drug or supply under this Act. | ||||||
23 | (c) The immunity or the prohibition on a finding of guilty | ||||||
24 | of unprofessional conduct under subsection (b) does not extend |
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1 | to the donation, acceptance, distribution, or dispensation of a | ||||||
2 | cancer drug or supply by a person whose act or omission | ||||||
3 | involved reckless, wanton, or intentional misconduct.
| ||||||
4 | Section 35. Rules. The Department shall adopt all of the | ||||||
5 | following as rules: | ||||||
6 | (1) Requirements for medical facilities and pharmacies | ||||||
7 | to accept and dispense donated cancer drugs or supplies | ||||||
8 | needed to administer cancer drugs under this Act, including | ||||||
9 | all of the following:
| ||||||
10 | (A) Eligibility criteria. | ||||||
11 | (B) Standards and procedures for accepting, safely | ||||||
12 | storing, and dispensing donated cancer drugs or | ||||||
13 | supplies needed to administer cancer drugs.
| ||||||
14 | (C) Standards and procedures for inspecting | ||||||
15 | donated cancer drugs or supplies needed to administer | ||||||
16 | cancer drugs to determine whether the drugs or supplies | ||||||
17 | are in their original, unopened, sealed, and | ||||||
18 | tamper-evident unit-dose packaging or, if packaged in | ||||||
19 | single-unit doses, the single-unit-dose packaging is | ||||||
20 | unopened.
| ||||||
21 | (D) Standards and procedures for inspecting | ||||||
22 | donated cancer drugs or supplies needed to administer | ||||||
23 | cancer drugs to determine that the drugs or supplies | ||||||
24 | needed to administer cancer drugs are not adulterated | ||||||
25 | or misbranded.
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1 | (2) Eligibility criteria for individuals to receive | ||||||
2 | donated cancer drugs or supplies needed to administer | ||||||
3 | cancer drugs dispensed under the cancer drug repository | ||||||
4 | program. The standards shall prioritize dispensation to | ||||||
5 | individuals who are uninsured or indigent but must permit | ||||||
6 | dispensation to others if an uninsured or indigent | ||||||
7 | individual is unavailable.
| ||||||
8 | (3) A means, such as an identification card, by which | ||||||
9 | an individual who is eligible to receive a donated cancer | ||||||
10 | drug or supplies needed to administer a cancer drug may | ||||||
11 | indicate that eligibility.
| ||||||
12 | (4) Necessary forms for administration of the cancer | ||||||
13 | drug repository program, including forms for use by persons | ||||||
14 | that donate, accept, distribute, or dispense cancer drugs | ||||||
15 | or supplies needed to administer cancer drugs under the | ||||||
16 | program.
| ||||||
17 | (5) The maximum handling fee that a medical facility or | ||||||
18 | pharmacy may charge for accepting, distributing, or | ||||||
19 | dispensing donated cancer drugs or supplies needed to | ||||||
20 | administer cancer drugs. | ||||||
21 | (6) A list of cancer drugs and supplies needed to | ||||||
22 | administer cancer drugs, arranged by category or by | ||||||
23 | individual cancer drug or supply, that the cancer drug | ||||||
24 | repository program will accept for dispensing. | ||||||
25 | (7) A list of cancer drugs and supplies needed to | ||||||
26 | administer cancer drugs, arranged by category or by |
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| |||||||
1 | individual cancer drug or supply, that the cancer drug | ||||||
2 | repository program will not accept for dispensing. The list | ||||||
3 | must include a statement that specifies the reason that the | ||||||
4 | drug or supplies are ineligible for donation.
| ||||||
5 | The Department may also adopt any other rules deemed | ||||||
6 | necessary to implement this Act.
| ||||||
7 | Section 90. The Pharmacy Practice Act of 1987 is amended by | ||||||
8 | changing Section 4 as follows:
| ||||||
9 | (225 ILCS 85/4) (from Ch. 111, par. 4124)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2008)
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11 | Sec. 4. Exemptions. Nothing contained in any Section of | ||||||
12 | this Act shall
apply
to, or in any manner interfere with:
| ||||||
13 | (a) the lawful practice of any physician licensed to | ||||||
14 | practice medicine in
all of its branches, dentist, podiatrist,
| ||||||
15 | veterinarian, or therapeutically or diagnostically certified | ||||||
16 | optometrist within
the limits of
his or her license, or prevent | ||||||
17 | him or her from
supplying to his
or her
bona fide patients
such | ||||||
18 | drugs, medicines, or poisons as may seem to him appropriate;
| ||||||
19 | (b) the sale of compressed gases;
| ||||||
20 | (c) the sale of patent or proprietary medicines and | ||||||
21 | household remedies
when sold in original and unbroken packages | ||||||
22 | only, if such patent or
proprietary medicines and household | ||||||
23 | remedies be properly and adequately
labeled as to content and | ||||||
24 | usage and generally considered and accepted
as harmless and |
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1 | nonpoisonous when used according to the directions
on the | ||||||
2 | label, and also do not contain opium or coca leaves, or any
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3 | compound, salt or derivative thereof, or any drug which, | ||||||
4 | according
to the latest editions of the following authoritative | ||||||
5 | pharmaceutical
treatises and standards, namely, The United | ||||||
6 | States Pharmacopoeia/National
Formulary (USP/NF), the United | ||||||
7 | States Dispensatory, and the Accepted
Dental Remedies of the | ||||||
8 | Council of Dental Therapeutics of the American
Dental | ||||||
9 | Association or any or either of them, in use on the effective
| ||||||
10 | date of this Act, or according to the existing provisions of | ||||||
11 | the Federal
Food, Drug, and Cosmetic Act and Regulations of the | ||||||
12 | Department of Health
and Human Services, Food and Drug | ||||||
13 | Administration, promulgated thereunder
now in effect, is | ||||||
14 | designated, described or considered as a narcotic,
hypnotic, | ||||||
15 | habit forming, dangerous, or poisonous drug;
| ||||||
16 | (d) the sale of poultry and livestock remedies in original | ||||||
17 | and unbroken
packages only, labeled for poultry and livestock | ||||||
18 | medication;
| ||||||
19 | (e) the sale of poisonous substances or mixture of | ||||||
20 | poisonous substances,
in unbroken packages, for nonmedicinal | ||||||
21 | use in the arts or industries
or for insecticide purposes; | ||||||
22 | provided, they are properly and adequately
labeled as to | ||||||
23 | content and such nonmedicinal usage, in conformity
with the | ||||||
24 | provisions of all applicable federal, state and local laws
and | ||||||
25 | regulations promulgated thereunder now in effect relating | ||||||
26 | thereto
and governing the same, and those which are required |
| |||||||
| |||||||
1 | under such applicable
laws and regulations to be labeled with | ||||||
2 | the word "Poison", are also labeled
with the word "Poison" | ||||||
3 | printed
thereon in prominent type and the name of a readily | ||||||
4 | obtainable antidote
with directions for its administration;
| ||||||
5 | (f) the delegation of limited prescriptive authority by a | ||||||
6 | physician
licensed to
practice medicine in all its branches to | ||||||
7 | a physician assistant
under Section 7.5 of the Physician | ||||||
8 | Assistant Practice Act of 1987. This
delegated authority may | ||||||
9 | but is not required to include prescription of
Schedule III, | ||||||
10 | IV, or V controlled substances, as defined in Article II of the
| ||||||
11 | Illinois Controlled Substances Act, in accordance with written | ||||||
12 | guidelines
under Section 7.5 of the Physician Assistant | ||||||
13 | Practice Act of 1987; and
| ||||||
14 | (g) the
The delegation of limited prescriptive authority by | ||||||
15 | a physician
licensed to practice medicine in all its branches | ||||||
16 | to an advanced practice
nurse in accordance with a written | ||||||
17 | collaborative
agreement under Sections 15-15 and 15-20 of the | ||||||
18 | Nursing and Advanced
Practice Nursing Act. This delegated | ||||||
19 | authority may but is not required to
include the prescription | ||||||
20 | of Schedule III, IV, or V controlled substances as
defined
in | ||||||
21 | Article II of the Illinois Controlled Substances Act ; and .
| ||||||
22 | (h) the donation or acceptance, or the packaging, | ||||||
23 | repackaging, or labeling, of prescription drugs to the extent | ||||||
24 | permitted or required under the Cancer Drug Repository Program | ||||||
25 | Act.
| ||||||
26 | (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
|
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| |||||||
1 | 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
| ||||||
2 | Section 91. The Wholesale Drug Distribution Licensing Act | ||||||
3 | is amended by changing Section 15 as follows:
| ||||||
4 | (225 ILCS 120/15) (from Ch. 111, par. 8301-15)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
6 | Sec. 15. Definitions. As used in this Act:
| ||||||
7 | "Blood" means whole blood collected from a single donor and | ||||||
8 | processed
either for transfusion or further manufacturing.
| ||||||
9 | "Blood component" means that part of blood separated by | ||||||
10 | physical or
mechanical means.
| ||||||
11 | "Board" means the State Board of Pharmacy of the Department | ||||||
12 | of
Professional Regulation.
| ||||||
13 | "Department" means the Department of Professional | ||||||
14 | Regulation.
| ||||||
15 | "Director" means the Director of Professional Regulation.
| ||||||
16 | "Drug sample" means a unit of a prescription drug that is | ||||||
17 | not intended to
be sold and is intended to promote the sale of | ||||||
18 | the drug.
| ||||||
19 | "Manufacturer" means anyone who is engaged in the | ||||||
20 | manufacturing, preparing,
propagating, compounding, | ||||||
21 | processing, packaging, repackaging, or labeling
of a | ||||||
22 | prescription drug. "Manufacturer" does not include anyone who | ||||||
23 | is engaged in the packaging, repackaging, or labeling of | ||||||
24 | prescription drugs only to the extent required under the Cancer |
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| |||||||
1 | Drug Repository Program Act.
| ||||||
2 | "Person" means and includes a natural person, partnership, | ||||||
3 | association or
corporation.
| ||||||
4 | "Pharmacy distributor" means any pharmacy licensed in this | ||||||
5 | State or
hospital pharmacy that is engaged in the delivery or | ||||||
6 | distribution of
prescription drugs either to any other pharmacy | ||||||
7 | licensed in this State or
to any other person or entity | ||||||
8 | including, but not limited to, a wholesale
drug distributor | ||||||
9 | engaged in the delivery or distribution of prescription
drugs | ||||||
10 | who is involved in the actual, constructive, or attempted | ||||||
11 | transfer of
a drug in this State to other than the ultimate | ||||||
12 | consumer except as
otherwise provided for by law.
| ||||||
13 | "Prescription drug" means any human drug required by | ||||||
14 | federal law or
regulation to be dispensed only by a | ||||||
15 | prescription, including finished
dosage forms and active | ||||||
16 | ingredients subject to subsection (b) of Section
503 of the | ||||||
17 | Federal Food, Drug and Cosmetic Act.
| ||||||
18 | "Wholesale distribution" or "wholesale distributions" | ||||||
19 | means distribution
of prescription drugs to persons other than | ||||||
20 | a consumer or patient, but does
not include any of the | ||||||
21 | following:
| ||||||
22 | (a) Intracompany sales, defined as any transaction or | ||||||
23 | transfer
between any division, subsidiary, parent, or | ||||||
24 | affiliated or related company
under the common ownership | ||||||
25 | and control of a corporate entity.
| ||||||
26 | (b) The purchase or other acquisition by a hospital or |
| |||||||
| |||||||
1 | other health
care entity that is a member of a group | ||||||
2 | purchasing organization of a drug
for its own use from the | ||||||
3 | group purchasing organization or from other
hospitals or | ||||||
4 | health care entities that are members of a group | ||||||
5 | organization.
| ||||||
6 | (c) The sale, purchase, or trade of a drug or an offer | ||||||
7 | to sell,
purchase, or trade a drug by a charitable | ||||||
8 | organization described in
subsection (c)(3) of Section 501 | ||||||
9 | of the U.S. Internal Revenue Code of 1954
to a nonprofit | ||||||
10 | affiliate of the organization to the extent otherwise
| ||||||
11 | permitted by law.
| ||||||
12 | (d) The sale, purchase, or trade of a drug or an offer | ||||||
13 | to sell,
purchase, or trade a drug among hospitals or other | ||||||
14 | health care entities
that are under common control. For | ||||||
15 | purposes of this Act, "common control"
means the power to | ||||||
16 | direct or cause the direction of the management and
| ||||||
17 | policies of a person or an organization, whether by | ||||||
18 | ownership of stock,
voting rights, contract, or otherwise.
| ||||||
19 | (e) The sale, purchase, or trade of a drug or an offer | ||||||
20 | to sell,
purchase, or trade a drug for emergency medical | ||||||
21 | reasons. For purposes of
this Act, "emergency medical | ||||||
22 | reasons" include transfers of prescription
drugs by a | ||||||
23 | retail pharmacy to another retail pharmacy to alleviate a
| ||||||
24 | temporary shortage.
| ||||||
25 | (f) The sale, purchase, or trade of a drug, an offer to | ||||||
26 | sell, purchase,
or trade a drug, or the dispensing of a |
| |||||||
| |||||||
1 | drug pursuant to a prescription.
| ||||||
2 | (g) The distribution of drug samples by manufacturers' | ||||||
3 | representatives
or distributors' representatives.
| ||||||
4 | (h) The sale, purchase, or trade of blood and blood | ||||||
5 | components
intended for transfusion.
| ||||||
6 | (i) The donation of prescription drugs to the extent | ||||||
7 | permitted under the Cancer Drug Repository Program Act.
| ||||||
8 | "Wholesale drug distributor" means any person or entity | ||||||
9 | engaged in
wholesale distribution of prescription drugs, | ||||||
10 | including, but not limited
to, manufacturers; repackers; own | ||||||
11 | label distributors; jobbers; private
label distributors; | ||||||
12 | brokers; warehouses, including manufacturers' and
| ||||||
13 | distributors' warehouses, chain drug warehouses, and wholesale | ||||||
14 | drug
warehouses; independent wholesale drug traders; and | ||||||
15 | retail
pharmacies that conduct wholesale distributions, | ||||||
16 | including, but
not limited to, any pharmacy distributor as | ||||||
17 | defined in this Section. A
wholesale drug distributor shall not | ||||||
18 | include any for hire carrier or person
or entity hired solely | ||||||
19 | to transport prescription drugs.
| ||||||
20 | (Source: P.A. 87-594.)
| ||||||
21 | Section 92. The Senior Pharmaceutical Assistance Act is | ||||||
22 | amended by changing Section 10 as follows:
| ||||||
23 | (320 ILCS 50/10)
| ||||||
24 | Sec. 10. Definitions. In this Act:
|
| |||||||
| |||||||
1 | "Manufacturer" includes:
| ||||||
2 | (1) An entity that is engaged in (a) the production, | ||||||
3 | preparation,
propagation, compounding, conversion, or | ||||||
4 | processing of prescription drug
products (i) directly or | ||||||
5 | indirectly by extraction from substances of natural
| ||||||
6 | origin,
(ii) independently by means of chemical synthesis, | ||||||
7 | or (iii) by combination of
extraction
and chemical | ||||||
8 | synthesis; or (b) the packaging, repackaging, labeling or
| ||||||
9 | re-labeling, or distribution of prescription drug | ||||||
10 | products.
| ||||||
11 | (2) The entity holding legal title to or possession of | ||||||
12 | the national
drug code number for the covered prescription | ||||||
13 | drug.
| ||||||
14 | The term does not include a wholesale distributor of drugs,
| ||||||
15 | drugstore chain organization, or retail pharmacy licensed by | ||||||
16 | the State. The term also does not include anyone who is engaged | ||||||
17 | in the packaging, repackaging, or labeling of prescription | ||||||
18 | drugs only to the extent required under the Cancer Drug | ||||||
19 | Repository Program Act.
| ||||||
20 | "Prescription drug" means a drug that may be dispensed only | ||||||
21 | upon
prescription by an authorized prescriber and that is | ||||||
22 | approved for safety and
effectiveness as a prescription drug | ||||||
23 | under Section 505 or 507 of the Federal
Food, Drug and Cosmetic | ||||||
24 | Act.
| ||||||
25 | "Senior citizen" or "senior" means a person 65 years of age | ||||||
26 | or
older.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-594, eff. 6-27-02.)
| ||||||
2 | Section 93. The Illinois Food, Drug and Cosmetic Act is | ||||||
3 | amended by changing Section 16 as follows:
| ||||||
4 | (410 ILCS 620/16) (from Ch. 56 1/2, par. 516)
| ||||||
5 | Sec. 16. (a) The Director is hereby authorized to | ||||||
6 | promulgate
regulations exempting from any labeling or | ||||||
7 | packaging requirement of this
Act drugs and devices which are | ||||||
8 | (i) , in accordance with the practice of the
trade, to be | ||||||
9 | processed, labeled or repacked in substantial quantities at
| ||||||
10 | establishments other than those where originally processed or | ||||||
11 | packaged on
condition that such drugs and devices are not | ||||||
12 | adulterated or misbranded
under the provisions of this Act upon | ||||||
13 | removal from such processing,
labeling or repacking | ||||||
14 | establishment or (ii) packaged, repackaged, or labeled to the | ||||||
15 | extent required under the Cancer Drug Repository Program Act .
| ||||||
16 | (b) Drugs and device labeling or packaging exemptions | ||||||
17 | adopted under the
Federal Act and supplements thereto or | ||||||
18 | revisions thereof shall apply to
drugs and devices in Illinois | ||||||
19 | except insofar as modified or rejected by
regulations | ||||||
20 | promulgated by the Director.
| ||||||
21 | (c) A drug intended for use by man which (A) is a | ||||||
22 | habit-forming drug to
which Section 15 (d) applies; or (B) | ||||||
23 | because of its toxicity or other
potentiality for harmful | ||||||
24 | effect or the method of its use or the collateral
measures |
| |||||||
| |||||||
1 | necessary to its use is not safe for use except under the
| ||||||
2 | supervision of a practitioner licensed by law to administer | ||||||
3 | such drug; or
(C) is limited by an approved application under | ||||||
4 | Section 505 of the Federal
Act or Section 17 of this Act to use | ||||||
5 | under the professional supervision of
a practitioner licensed | ||||||
6 | by law to administer such drug, shall be dispensed
only in | ||||||
7 | accordance with the provisions of the "Illinois Controlled
| ||||||
8 | Substances Act". The act of dispensing a drug contrary to the | ||||||
9 | provisions of
this paragraph shall be deemed to be an act which | ||||||
10 | results in a drug being
misbranded while held for sale.
| ||||||
11 | (d) Any drug dispensed by filling or refilling a written
or | ||||||
12 | oral prescription of a practitioner licensed by law to | ||||||
13 | administer such
drug shall be exempt from the requirements of | ||||||
14 | Section 15, except
subsections (a), (k) and (l) and clauses (2) | ||||||
15 | and (3) of subsection (i), and
the packaging requirements of
| ||||||
16 | subsections (g), (h) and (q), if the drug bears a label | ||||||
17 | containing the
proprietary name or names, or if there is none, | ||||||
18 | the established name or
names of the drugs, the dosage and | ||||||
19 | quantity, unless the prescribing
practitioner, in the interest | ||||||
20 | of the health of the patient, directs
otherwise in writing, the | ||||||
21 | name and address of the dispenser, the serial
number and date | ||||||
22 | of the prescription or of its filling, the name of the
| ||||||
23 | prescriber and, if stated in the prescription, the name of the | ||||||
24 | patient, and
the directions for use and the cautionary | ||||||
25 | statements, if any, contained in
such prescription. This | ||||||
26 | exemption shall not apply to any drug dispensed in
the course |
| |||||||
| |||||||
1 | of the conduct of business of dispensing drugs pursuant to
| ||||||
2 | diagnosis by mail, or to a drug dispensed in violation of | ||||||
3 | subsection (a) of
this Section.
| ||||||
4 | (e) The Director may by regulation remove drugs subject to
| ||||||
5 | Section 15 (d) and Section 17 from the requirements of | ||||||
6 | subsection (c) of
this Section when such requirements are not | ||||||
7 | necessary for the protection of
the public health.
| ||||||
8 | (f) A drug which is subject to subsection (c) of this | ||||||
9 | Section
shall be deemed to be misbranded if at any time before | ||||||
10 | dispensing its label
fails to bear the statement "Caution: | ||||||
11 | Federal Law Prohibits Dispensing Without
Prescription" or | ||||||
12 | "Caution: State Law Prohibits Dispensing Without
| ||||||
13 | Prescription". A drug to which subsection (c) of this Section | ||||||
14 | does not apply
shall be deemed to be misbranded if at any time | ||||||
15 | prior to dispensing its
label bears the caution statement | ||||||
16 | quoted in the preceding sentence.
| ||||||
17 | (g) Nothing in this Section shall be construed to relieve
| ||||||
18 | any person from any requirement prescribed by or under | ||||||
19 | authority of law
with respect to controlled substances now | ||||||
20 | included or which may hereafter
be included within the | ||||||
21 | classifications of controlled substances cannabis as
defined | ||||||
22 | in applicable Federal laws relating to controlled substances or
| ||||||
23 | cannabis or the Cannabis Control Act.
| ||||||
24 | (Source: P.A. 84-1308.)
| ||||||
25 | Section 94. The Illinois Controlled Substances Act is |
| |||||||
| |||||||
1 | amended by changing Section 102 as follows: | ||||||
2 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
3 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
4 | context
otherwise requires:
| ||||||
5 | (a) "Addict" means any person who habitually uses any drug, | ||||||
6 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
7 | to endanger the public
morals, health, safety or welfare or who | ||||||
8 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
9 | substance other than alcohol as to have lost
the power of self | ||||||
10 | control with reference to his addiction.
| ||||||
11 | (b) "Administer" means the direct application of a | ||||||
12 | controlled
substance, whether by injection, inhalation, | ||||||
13 | ingestion, or any other
means, to the body of a patient, | ||||||
14 | research subject, or animal (as
defined by the Humane | ||||||
15 | Euthanasia in Animal Shelters Act) by:
| ||||||
16 | (1) a practitioner (or, in his presence, by his | ||||||
17 | authorized agent),
| ||||||
18 | (2) the patient or research subject at the lawful | ||||||
19 | direction of the
practitioner, or
| ||||||
20 | (3) a euthanasia technician as defined by the Humane | ||||||
21 | Euthanasia in
Animal Shelters Act.
| ||||||
22 | (c) "Agent" means an authorized person who acts on behalf | ||||||
23 | of or at
the direction of a manufacturer, distributor, or | ||||||
24 | dispenser. It does not
include a common or contract carrier, | ||||||
25 | public warehouseman or employee of
the carrier or warehouseman.
|
| |||||||
| |||||||
1 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
2 | substance,
chemically and pharmacologically related to | ||||||
3 | testosterone (other than
estrogens, progestins, and | ||||||
4 | corticosteroids) that promotes muscle growth,
and includes:
| ||||||
5 | (i) boldenone,
| ||||||
6 | (ii) chlorotestosterone,
| ||||||
7 | (iii) chostebol,
| ||||||
8 | (iv) dehydrochlormethyltestosterone,
| ||||||
9 | (v) dihydrotestosterone,
| ||||||
10 | (vi) drostanolone,
| ||||||
11 | (vii) ethylestrenol,
| ||||||
12 | (viii) fluoxymesterone,
| ||||||
13 | (ix) formebulone,
| ||||||
14 | (x) mesterolone,
| ||||||
15 | (xi) methandienone,
| ||||||
16 | (xii) methandranone,
| ||||||
17 | (xiii) methandriol,
| ||||||
18 | (xiv) methandrostenolone,
| ||||||
19 | (xv) methenolone,
| ||||||
20 | (xvi) methyltestosterone,
| ||||||
21 | (xvii) mibolerone,
| ||||||
22 | (xviii) nandrolone,
| ||||||
23 | (xix) norethandrolone,
| ||||||
24 | (xx) oxandrolone,
| ||||||
25 | (xxi) oxymesterone,
| ||||||
26 | (xxii) oxymetholone,
|
| |||||||
| |||||||
1 | (xxiii) stanolone,
| ||||||
2 | (xxiv) stanozolol,
| ||||||
3 | (xxv) testolactone,
| ||||||
4 | (xxvi) testosterone,
| ||||||
5 | (xxvii) trenbolone, and
| ||||||
6 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
7 | substance described
or listed in this paragraph, if | ||||||
8 | that salt, ester, or isomer promotes muscle
growth.
| ||||||
9 | Any person who is otherwise lawfully in possession of an | ||||||
10 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
11 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
12 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
13 | expressly intended for and lawfully allowed to be
administered | ||||||
14 | through implants to livestock or other nonhuman species, and
| ||||||
15 | which is approved by the Secretary of Health and Human Services | ||||||
16 | for such
administration, and which the person intends to | ||||||
17 | administer or have
administered through such implants, shall | ||||||
18 | not be considered to be in
unauthorized possession or to | ||||||
19 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
20 | possess with intent to deliver such anabolic steroid for
| ||||||
21 | purposes of this Act.
| ||||||
22 | (d) "Administration" means the Drug Enforcement | ||||||
23 | Administration,
United States Department of Justice, or its | ||||||
24 | successor agency.
| ||||||
25 | (e) "Control" means to add a drug or other substance, or | ||||||
26 | immediate
precursor, to a Schedule under Article II of this Act |
| |||||||
| |||||||
1 | whether by
transfer from another Schedule or otherwise.
| ||||||
2 | (f) "Controlled Substance" means a drug, substance, or | ||||||
3 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
4 | (g) "Counterfeit substance" means a controlled substance, | ||||||
5 | which, or
the container or labeling of which, without | ||||||
6 | authorization bears the
trademark, trade name, or other | ||||||
7 | identifying mark, imprint, number or
device, or any likeness | ||||||
8 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
9 | than the person who in fact manufactured, distributed,
or | ||||||
10 | dispensed the substance.
| ||||||
11 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
12 | or
attempted transfer of possession of a controlled substance, | ||||||
13 | with or
without consideration, whether or not there is an | ||||||
14 | agency relationship.
The term does not include the donation of | ||||||
15 | prescription drugs to the extent permitted under the Cancer | ||||||
16 | Drug Repository Program Act.
| ||||||
17 | (i) "Department" means the Illinois Department of Human | ||||||
18 | Services (as
successor to the Department of Alcoholism and | ||||||
19 | Substance Abuse) or its successor agency.
| ||||||
20 | (j) "Department of State Police" means the Department of | ||||||
21 | State
Police of the State of Illinois or its successor agency.
| ||||||
22 | (k) "Department of Corrections" means the Department of | ||||||
23 | Corrections
of the State of Illinois or its successor agency.
| ||||||
24 | (l) "Department of Professional Regulation" means the | ||||||
25 | Department
of Professional Regulation of the State of Illinois | ||||||
26 | or its successor agency.
|
| |||||||
| |||||||
1 | (m) "Depressant" or "stimulant substance" means:
| ||||||
2 | (1) a drug which contains any quantity of (i) | ||||||
3 | barbituric acid or
any of the salts of barbituric acid | ||||||
4 | which has been designated as habit
forming under section | ||||||
5 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
6 | U.S.C. 352 (d)); or
| ||||||
7 | (2) a drug which contains any quantity of (i) | ||||||
8 | amphetamine or
methamphetamine and any of their optical | ||||||
9 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
10 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
11 | substance which the Department, after
investigation, has | ||||||
12 | found to be, and by rule designated as, habit forming
| ||||||
13 | because of its depressant or stimulant effect on the | ||||||
14 | central nervous
system; or
| ||||||
15 | (3) lysergic acid diethylamide; or
| ||||||
16 | (4) any drug which contains any quantity of a substance | ||||||
17 | which the
Department, after investigation, has found to | ||||||
18 | have, and by rule
designated as having, a potential for | ||||||
19 | abuse because of its depressant or
stimulant effect on the | ||||||
20 | central nervous system or its hallucinogenic
effect.
| ||||||
21 | (n) (Blank).
| ||||||
22 | (o) "Director" means the Director of the Department of | ||||||
23 | State Police or
the Department of Professional Regulation or | ||||||
24 | his designated agents.
| ||||||
25 | (p) "Dispense" means to deliver a controlled substance to | ||||||
26 | an
ultimate user or research subject by or pursuant to the |
| |||||||
| |||||||
1 | lawful order of
a prescriber, including the prescribing, | ||||||
2 | administering, packaging,
labeling, or compounding necessary | ||||||
3 | to prepare the substance for that
delivery.
| ||||||
4 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
5 | (r) "Distribute" means to deliver, other than by | ||||||
6 | administering or
dispensing, a controlled substance.
| ||||||
7 | (s) "Distributor" means a person who distributes.
| ||||||
8 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
9 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
10 | Pharmacopoeia of the
United States, or official National | ||||||
11 | Formulary, or any supplement to any
of them; (2) substances | ||||||
12 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
13 | prevention of disease in man or animals; (3) substances
(other | ||||||
14 | than food) intended to affect the structure of any function of
| ||||||
15 | the body of man or animals and (4) substances intended for use | ||||||
16 | as a
component of any article specified in clause (1), (2), or | ||||||
17 | (3) of this
subsection. It does not include devices or their | ||||||
18 | components, parts, or
accessories.
| ||||||
19 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
20 | Department of Professional Regulation for the
purpose of animal | ||||||
21 | euthanasia that holds an animal control facility license or
| ||||||
22 | animal
shelter license under the Animal Welfare Act. A | ||||||
23 | euthanasia agency is
authorized to purchase, store, possess, | ||||||
24 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
25 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
26 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III |
| |||||||
| |||||||
1 | substances
(nonnarcotic controlled substances) that are used | ||||||
2 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
3 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
4 | controlled
substance by a practitioner in the regular course of | ||||||
5 | professional
treatment to or for any person who is under his | ||||||
6 | treatment for a
pathology or condition other than that | ||||||
7 | individual's physical or
psychological dependence upon or | ||||||
8 | addiction to a controlled substance,
except as provided herein: | ||||||
9 | and application of the term to a pharmacist
shall mean the | ||||||
10 | dispensing of a controlled substance pursuant to the
| ||||||
11 | prescriber's order which in the professional judgment of the | ||||||
12 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
13 | accepted professional
standards including, but not limited to | ||||||
14 | the following, in making the
judgment:
| ||||||
15 | (1) lack of consistency of doctor-patient | ||||||
16 | relationship,
| ||||||
17 | (2) frequency of prescriptions for same drug by one | ||||||
18 | prescriber for
large numbers of patients,
| ||||||
19 | (3) quantities beyond those normally prescribed,
| ||||||
20 | (4) unusual dosages,
| ||||||
21 | (5) unusual geographic distances between patient, | ||||||
22 | pharmacist and
prescriber,
| ||||||
23 | (6) consistent prescribing of habit-forming drugs.
| ||||||
24 | (u-1) "Home infusion services" means services provided by a | ||||||
25 | pharmacy in
compounding solutions for direct administration to | ||||||
26 | 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 |
| |||||||
| |||||||
1 | substance or is
distributed under circumstances which would | ||||||
2 | lead a reasonable person to
believe that the substance is a | ||||||
3 | controlled substance. For the purpose of
determining whether | ||||||
4 | the representations made or the circumstances of the
| ||||||
5 | distribution would lead a reasonable person to believe the | ||||||
6 | substance to be
a controlled substance under this clause (2) of | ||||||
7 | subsection (y), the court or
other authority may consider the | ||||||
8 | following factors in addition to any other
factor that may be | ||||||
9 | relevant:
| ||||||
10 | (a) statements made by the owner or person in control | ||||||
11 | of the substance
concerning its nature, use or effect;
| ||||||
12 | (b) statements made to the buyer or recipient that the | ||||||
13 | substance may
be resold for profit;
| ||||||
14 | (c) whether the substance is packaged in a manner | ||||||
15 | normally used for the
illegal distribution of controlled | ||||||
16 | substances;
| ||||||
17 | (d) whether the distribution or attempted distribution | ||||||
18 | included an
exchange of or demand for money or other | ||||||
19 | property as consideration, and
whether the amount of the | ||||||
20 | consideration was substantially greater than the
| ||||||
21 | reasonable retail market value of the substance.
| ||||||
22 | Clause (1) of this subsection (y) shall not apply to a | ||||||
23 | noncontrolled
substance in its finished dosage form that was | ||||||
24 | initially introduced into
commerce prior to the initial | ||||||
25 | introduction into commerce of a controlled
substance in its | ||||||
26 | finished dosage form which it may substantially resemble.
|
| |||||||
| |||||||
1 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
2 | distributing
of noncontrolled substances by persons authorized | ||||||
3 | to dispense and
distribute controlled substances under this | ||||||
4 | Act, provided that such action
would be deemed to be carried | ||||||
5 | out in good faith under subsection (u) if the
substances | ||||||
6 | involved were controlled substances.
| ||||||
7 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
8 | manufacture,
preparation, propagation, compounding, | ||||||
9 | processing, packaging, advertising
or distribution of a drug or | ||||||
10 | drugs by any person registered pursuant to
Section 510 of the | ||||||
11 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
12 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
13 | located in a state
of the United States, other than Illinois, | ||||||
14 | that delivers, dispenses or
distributes, through the United | ||||||
15 | States Postal Service or other common
carrier, to Illinois | ||||||
16 | residents, any substance which requires a prescription.
| ||||||
17 | (z) "Manufacture" means the production, preparation, | ||||||
18 | propagation,
compounding, conversion or processing of a | ||||||
19 | controlled substance other than methamphetamine, either
| ||||||
20 | directly or indirectly, by extraction from substances of | ||||||
21 | natural origin,
or independently by means of chemical | ||||||
22 | synthesis, or by a combination of
extraction and chemical | ||||||
23 | synthesis, and includes any packaging or
repackaging of the | ||||||
24 | substance or labeling of its container, except that
this term | ||||||
25 | does not include:
| ||||||
26 | (1) by an ultimate user, the preparation or compounding |
| |||||||
| |||||||
1 | of a
controlled substance for his own use; or
| ||||||
2 | (2) by a practitioner, or his authorized agent under | ||||||
3 | his
supervision, the preparation, compounding, packaging, | ||||||
4 | or labeling of a
controlled substance:
| ||||||
5 | (a) as an incident to his administering or | ||||||
6 | dispensing of a
controlled substance in the course of | ||||||
7 | his professional practice; or
| ||||||
8 | (b) as an incident to lawful research, teaching or | ||||||
9 | chemical
analysis and not for sale ; or
.
| ||||||
10 | (3) the packaging, repackaging, or labeling of | ||||||
11 | prescription drugs only to the extent required under the | ||||||
12 | Cancer Drug Repository Program Act.
| ||||||
13 | (z-1) (Blank).
| ||||||
14 | (aa) "Narcotic drug" means any of the following, whether | ||||||
15 | produced
directly or indirectly by extraction from substances | ||||||
16 | of natural origin,
or independently by means of chemical | ||||||
17 | synthesis, or by a combination of
extraction and chemical | ||||||
18 | synthesis:
| ||||||
19 | (1) opium and opiate, and any salt, compound, | ||||||
20 | derivative, or
preparation of opium or opiate;
| ||||||
21 | (2) any salt, compound, isomer, derivative, or | ||||||
22 | preparation thereof
which is chemically equivalent or | ||||||
23 | identical with any of the substances
referred to in clause | ||||||
24 | (1), but not including the isoquinoline alkaloids
of opium;
| ||||||
25 | (3) opium poppy and poppy straw;
| ||||||
26 | (4) coca leaves and any salts, compound, isomer, salt |
| |||||||
| |||||||
1 | of an isomer,
derivative, or preparation of coca leaves | ||||||
2 | including cocaine or ecgonine,
and any salt, compound, | ||||||
3 | isomer, derivative, or preparation thereof which is
| ||||||
4 | chemically equivalent or identical with any of these | ||||||
5 | substances, but not
including decocainized coca leaves or | ||||||
6 | extractions of coca leaves which do
not contain cocaine or | ||||||
7 | ecgonine (for the purpose of this paragraph, the
term | ||||||
8 | "isomer" includes optical, positional and geometric | ||||||
9 | isomers).
| ||||||
10 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
11 | Nursing and Advanced Practice Nursing Act.
| ||||||
12 | (cc) (Blank).
| ||||||
13 | (dd) "Opiate" means any substance having an addiction | ||||||
14 | forming or
addiction sustaining liability similar to morphine | ||||||
15 | or being capable of
conversion into a drug having addiction | ||||||
16 | forming or addiction sustaining
liability.
| ||||||
17 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
18 | somniferum L., except its seeds.
| ||||||
19 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
20 | Board of
the State of Illinois or its successor agency.
| ||||||
21 | (gg) "Person" means any individual, corporation, | ||||||
22 | mail-order pharmacy,
government or governmental subdivision or | ||||||
23 | agency, business trust, estate,
trust, partnership or | ||||||
24 | association, or any other entity.
| ||||||
25 | (hh) "Pharmacist" means any person who holds a certificate | ||||||
26 | of
registration as a registered pharmacist, a local registered |
| |||||||
| |||||||
1 | pharmacist
or a registered assistant pharmacist under the | ||||||
2 | Pharmacy Practice Act of 1987.
| ||||||
3 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
4 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
5 | Practice Act of 1987.
| ||||||
6 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
7 | the opium
poppy, after mowing.
| ||||||
8 | (kk) "Practitioner" means a physician licensed to practice | ||||||
9 | medicine in all
its branches, dentist, podiatrist,
| ||||||
10 | veterinarian, scientific investigator, pharmacist, physician | ||||||
11 | assistant,
advanced practice nurse,
licensed practical
nurse, | ||||||
12 | registered nurse, hospital, laboratory, or pharmacy, or other
| ||||||
13 | person licensed, registered, or otherwise lawfully permitted | ||||||
14 | by the
United States or this State to distribute, dispense, | ||||||
15 | conduct research
with respect to, administer or use in teaching | ||||||
16 | or chemical analysis, a
controlled substance in the course of | ||||||
17 | professional practice or research.
| ||||||
18 | (ll) "Pre-printed prescription" means a written | ||||||
19 | prescription upon which
the designated drug has been indicated | ||||||
20 | prior to the time of issuance.
| ||||||
21 | (mm) "Prescriber" means a physician licensed to practice | ||||||
22 | medicine in all
its branches, dentist, podiatrist or
| ||||||
23 | veterinarian who issues a prescription, a physician assistant | ||||||
24 | who
issues a
prescription for a Schedule III, IV, or V | ||||||
25 | controlled substance
in accordance
with Section 303.05 and the | ||||||
26 | written guidelines required under Section 7.5
of the
Physician |
| |||||||
| |||||||
1 | Assistant Practice Act of 1987, or an advanced practice
nurse | ||||||
2 | with prescriptive authority in accordance with Section 303.05
| ||||||
3 | and a written
collaborative agreement under Sections 15-15 and | ||||||
4 | 15-20 of
the Nursing and Advanced Practice Nursing Act.
| ||||||
5 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
6 | verbal order
of
a physician licensed to practice medicine in | ||||||
7 | all its branches,
dentist, podiatrist or veterinarian for any | ||||||
8 | controlled
substance, of a physician assistant for a Schedule | ||||||
9 | III, IV, or V
controlled substance
in accordance with Section | ||||||
10 | 303.05 and the written guidelines required under
Section 7.5 of | ||||||
11 | the
Physician Assistant Practice Act of 1987, or of an advanced | ||||||
12 | practice
nurse who issues a prescription for a Schedule III, | ||||||
13 | IV, or V
controlled substance in accordance
with
Section 303.05 | ||||||
14 | and a written collaborative agreement under Sections 15-15
and
| ||||||
15 | 15-20 of the Nursing and Advanced Practice Nursing Act.
| ||||||
16 | (oo) "Production" or "produce" means manufacture, | ||||||
17 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
18 | substance other than methamphetamine.
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19 | (pp) "Registrant" means every person who is required to | ||||||
20 | register
under Section 302 of this Act.
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21 | (qq) "Registry number" means the number assigned to each | ||||||
22 | person
authorized to handle controlled substances under the | ||||||
23 | laws of the United
States and of this State.
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24 | (rr) "State" includes the State of Illinois and any state, | ||||||
25 | district,
commonwealth, territory, insular possession thereof, | ||||||
26 | and any area
subject to the legal authority of the United |
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1 | States of America.
| ||||||
2 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
3 | a
controlled substance for his own use or for the use of a | ||||||
4 | member of his
household or for administering to an animal owned | ||||||
5 | by him or by a member
of his household.
| ||||||
6 | (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; | ||||||
7 | 94-556, eff. 9-11-05.)
| ||||||
8 | Section 95. The Cannabis and Controlled Substances Tort | ||||||
9 | Claims Act is amended by changing Section 3 as follows:
| ||||||
10 | (740 ILCS 20/3) (from Ch. 70, par. 903)
| ||||||
11 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
12 | context otherwise
requires:
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13 | "Cannabis" includes marihuana, hashish, and other | ||||||
14 | substances that
are identified as including any parts of the | ||||||
15 | plant Cannabis Sativa, whether
growing or not, the seeds of | ||||||
16 | that plant, the resin extracted from any part of
that plant, | ||||||
17 | and any compound, manufacture, salt, derivative, mixture, or
| ||||||
18 | preparation of that plant, its seeds, or resin, including
| ||||||
19 | tetrahydrocannabinol (THC) and all other cannabinol | ||||||
20 | derivatives, including
its naturally occurring or | ||||||
21 | synthetically produced ingredients, whether
produced directly | ||||||
22 | or indirectly by extraction, independently by means of
chemical | ||||||
23 | synthesis, or by a combination of extraction and chemical
| ||||||
24 | synthesis. "Cannabis" does not include the mature stalks of |
| |||||||
| |||||||
1 | that plant, fiber
produced from those stalks, oil or cake made | ||||||
2 | from the seeds of that plant,
any other compound, manufacture, | ||||||
3 | salt, derivative, mixture, or preparation
of mature stalks | ||||||
4 | (except the extracted resin), fiber, oil
or cake, or the | ||||||
5 | sterilized seeds of that plant that are incapable of
| ||||||
6 | germination.
| ||||||
7 | "Controlled substance" means a drug, substance, or | ||||||
8 | immediate precursor in
the Schedules of Article II of the | ||||||
9 | Illinois Controlled Substances Act.
| ||||||
10 | "Counterfeit substance" means a controlled substance or | ||||||
11 | the container or
labeling of a controlled substance that, | ||||||
12 | without authorization, bears the
trademark, trade name, or | ||||||
13 | other identifying mark, imprint, number, device,
or any | ||||||
14 | likeness thereof of a manufacturer, distributor, or dispenser | ||||||
15 | other
than the person who in fact manufactured, distributed, or | ||||||
16 | dispensed the
substance.
| ||||||
17 | "Deliver" or "delivery" means the actual, constructive, or | ||||||
18 | attempted
transfer of possession of a controlled substance or | ||||||
19 | cannabis, with or
without consideration, whether or not there | ||||||
20 | is an agency relationship. The term does not include the | ||||||
21 | donation of prescription drugs to the extent permitted under | ||||||
22 | the Cancer Drug Repository Program Act.
| ||||||
23 | "Manufacture" means the production, preparation, | ||||||
24 | propagation,
compounding, conversion, or processing of a | ||||||
25 | controlled substance, either
directly or indirectly, by | ||||||
26 | extraction from substances of natural origin,
independently by |
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| |||||||
1 | means of chemical synthesis, or by a combination of
extraction | ||||||
2 | and chemical synthesis, and includes any packaging or
| ||||||
3 | repackaging of the substance or labeling of its container, | ||||||
4 | except that the
term does not include:
| ||||||
5 | (1) by an ultimate user, the preparation or compounding | ||||||
6 | of a
controlled substance for his own use;
| ||||||
7 | (2) by a practitioner or his authorized agent under his | ||||||
8 | supervision,
the preparation, compounding, packaging, or | ||||||
9 | 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 preparation, compounding, packaging, or | ||||||
16 | labeling of cannabis
as an incident to lawful research, | ||||||
17 | teaching, or chemical analysis and not
for sale ; or .
| ||||||
18 | (4) the packaging, repackaging, or labeling of | ||||||
19 | prescription drugs only to the extent required under the | ||||||
20 | Cancer Drug Repository Program Act.
| ||||||
21 | "Owner" means a person who has possession of or any | ||||||
22 | interest
whatsoever in the property involved.
| ||||||
23 | "Person" means an individual, a corporation, a government,
| ||||||
24 | a governmental subdivision or agency, a business trust, an | ||||||
25 | estate, a trust,
a partnership or association, or any other | ||||||
26 | entity.
|
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1 | "Production" means planting, cultivating, tending, or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | harvesting.
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3 | "Property" means real property, including things growing | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | on,
affixed to, and found in land, and tangible or intangible | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | personal
property, including rights, services, privileges, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | interests, claims,
and securities.
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7 | (Source: P.A. 87-544.)
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