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1 | AN ACT concerning regulation.
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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 Dental Practice Act is amended by | ||||||||||||||||||||||||||||||||||||||
5 | adding Section 50.5 as follows: | ||||||||||||||||||||||||||||||||||||||
6 | (225 ILCS 25/50.5 new)
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7 | (Section scheduled to be repealed on January 1, 2016) | ||||||||||||||||||||||||||||||||||||||
8 | Sec. 50.5. Prescription record release prohibited. No | ||||||||||||||||||||||||||||||||||||||
9 | dentist shall be compelled to release his or her prescription | ||||||||||||||||||||||||||||||||||||||
10 | records to any person or entity licensed under the Wholesale | ||||||||||||||||||||||||||||||||||||||
11 | Drug Distribution Licensing Act or any other pharmaceutical | ||||||||||||||||||||||||||||||||||||||
12 | sales company and may take all measures necessary and deemed | ||||||||||||||||||||||||||||||||||||||
13 | acceptable by the Department to safeguard these records from | ||||||||||||||||||||||||||||||||||||||
14 | unwanted release. A dentist is prohibited from releasing any | ||||||||||||||||||||||||||||||||||||||
15 | prescription record to a person or entity licensed under the | ||||||||||||||||||||||||||||||||||||||
16 | Wholesale Drug Distribution Licensing Act or any other | ||||||||||||||||||||||||||||||||||||||
17 | pharmaceutical sales company, unless the dentist has obtained a | ||||||||||||||||||||||||||||||||||||||
18 | release waiver from the patient for whom the prescription was | ||||||||||||||||||||||||||||||||||||||
19 | initiated or the patient's authorized agent.
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20 | Section 10. The Medical Practice Act of 1987 is amended by | ||||||||||||||||||||||||||||||||||||||
21 | changing Section 33 as follows:
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1 | (225 ILCS 60/33) (from Ch. 111, par. 4400-33)
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2 | (Section scheduled to be repealed on December 31, 2008)
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3 | Sec. 33. Any person licensed under this Act to practice | ||||||
4 | medicine in all
of its branches shall be authorized to purchase | ||||||
5 | legend drugs requiring an
order of a person authorized to | ||||||
6 | prescribe drugs, and to dispense such legend
drugs in the | ||||||
7 | regular course of practicing medicine. The dispensing of such
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8 | legend drugs shall be the personal act of the person licensed | ||||||
9 | under this
Act and may not be delegated to any other person not | ||||||
10 | licensed under this
Act or the Pharmacy Practice Act
unless | ||||||
11 | such delegated
dispensing functions are under the direct | ||||||
12 | supervision of the physician
authorized to dispense legend | ||||||
13 | drugs. Except when dispensing manufacturers'
samples or other | ||||||
14 | legend drugs in a maximum 72 hour supply, persons licensed
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15 | under this Act shall maintain a book or file of prescriptions | ||||||
16 | as required
in the Pharmacy Practice Act. No licensee shall be | ||||||
17 | compelled to release his or her prescription records to any | ||||||
18 | person or entity licensed under the Wholesale Drug Distribution | ||||||
19 | Licensing Act or any other pharmaceutical sales company and may | ||||||
20 | take all measures necessary and deemed acceptable by the | ||||||
21 | Department to safeguard these records from unwanted release. A | ||||||
22 | licensee is prohibited from releasing any prescription record | ||||||
23 | to a person or entity licensed under the Wholesale Drug | ||||||
24 | Distribution Licensing Act or any other pharmaceutical sales | ||||||
25 | company, unless the licensee has obtained a release waiver from | ||||||
26 | the patient for whom the prescription was initiated or the |
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1 | patient's authorized agent. | ||||||
2 | Any person licensed under this
Act who dispenses any drug | ||||||
3 | or medicine shall dispense such drug or
medicine in good faith | ||||||
4 | and shall affix to the box, bottle,
vessel or package | ||||||
5 | containing the same a label indicating (a)
the date on which | ||||||
6 | such drug or medicine is dispensed; (b)
the name of the | ||||||
7 | patient; (c) the last name of the person
dispensing such drug | ||||||
8 | or medicine; (d) the directions for use
thereof; and (e) the | ||||||
9 | proprietary name or names or, if there
are none, the | ||||||
10 | established name or names of the drug or
medicine, the dosage | ||||||
11 | and quantity, except as otherwise
authorized by regulation of | ||||||
12 | the Department of Professional Regulation.
The foregoing | ||||||
13 | labeling requirements shall
not apply to drugs or medicines in | ||||||
14 | a package which bears a label of the
manufacturer containing | ||||||
15 | information describing its contents
which is in compliance with | ||||||
16 | requirements of the Federal
Food, Drug, and Cosmetic Act and | ||||||
17 | the Illinois Food, Drug, and Cosmetic Act.
"Drug" and | ||||||
18 | "medicine" have the meaning ascribed to them in the Pharmacy | ||||||
19 | Practice
Act, as now or hereafter amended; "good faith" has the | ||||||
20 | meaning
ascribed to it in subsection (v) of Section 102 of the | ||||||
21 | "Illinois Controlled
Substances Act", approved August 16, | ||||||
22 | 1971, as amended.
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23 | Prior to dispensing a prescription to a patient, the | ||||||
24 | physician shall
offer a written prescription to the patient | ||||||
25 | which the patient may elect to
have filled by the physician or | ||||||
26 | any licensed pharmacy.
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1 | A violation of any provision of this Section shall | ||||||
2 | constitute a violation
of this Act and shall be grounds for | ||||||
3 | disciplinary action provided for in
this Act.
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4 | (Source: P.A. 95-689, eff. 10-29-07.)
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5 | Section 15. The Nurse Practice Act is amended by changing | ||||||
6 | Section 65-40 as follows:
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7 | (225 ILCS 65/65-40)
(was 225 ILCS 65/15-20)
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8 | (Section scheduled to be repealed on January 1, 2018)
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9 | Sec. 65-40. Prescriptive authority.
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10 | (a) A collaborating
physician or podiatrist may, but is not | ||||||
11 | required to, delegate
prescriptive authority to an advanced | ||||||
12 | practice
nurse as part of a written collaborative agreement. | ||||||
13 | This authority may, but is
not required to, include
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14 | prescription of, selection of, orders for, administration of, | ||||||
15 | storage of, acceptance of samples of, and dispensing over the | ||||||
16 | counter medications, legend drugs, medical gases, and | ||||||
17 | controlled
substances categorized as
Schedule III, III-N, IV,
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18 | or V controlled substances, as defined in Article II of the
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19 | Illinois Controlled Substances Act, and other preparations, | ||||||
20 | including, but not limited to, botanical and herbal remedies. | ||||||
21 | The collaborating physician or podiatrist must have a valid | ||||||
22 | current Illinois controlled substance license and federal | ||||||
23 | registration to delegate authority to prescribe delegated | ||||||
24 | controlled substances.
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1 | (b) To prescribe controlled
substances under this Section, | ||||||
2 | an advanced practice
nurse must obtain a mid-level practitioner | ||||||
3 | controlled substance license.
Medication orders shall be
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4 | reviewed
periodically by the collaborating physician or | ||||||
5 | podiatrist.
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6 | (c) The collaborating physician or podiatrist shall file | ||||||
7 | with the
Department notice of delegation of prescriptive | ||||||
8 | authority
and
termination of such delegation, in accordance | ||||||
9 | with rules of the Department.
Upon receipt of this notice | ||||||
10 | delegating authority to prescribe Schedule III,
III-N, IV, or V | ||||||
11 | controlled substances, the licensed advanced practice nurse | ||||||
12 | shall be
eligible to register for a mid-level practitioner | ||||||
13 | controlled substance license
under Section 303.05 of the | ||||||
14 | Illinois Controlled Substances Act.
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15 | (d) In addition to the requirements of subsections (a), | ||||||
16 | (b), and (c) of this Section, a collaborating physician may, | ||||||
17 | but is not required to, delegate authority to an advanced | ||||||
18 | practice nurse to prescribe Schedule II or II-N controlled | ||||||
19 | substances, if all of the following conditions apply: | ||||||
20 | (1) No more than 5 Schedule II or II-N controlled | ||||||
21 | substances by oral dosage may be delegated. | ||||||
22 | (2) Any delegation must be controlled substances that | ||||||
23 | the collaborating physician prescribes. | ||||||
24 | (3) Any prescription must be limited to no more than a | ||||||
25 | 30-day oral dosage, with any continuation authorized only | ||||||
26 | after prior approval of the collaborating physician. |
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1 | (4) The advanced practice nurse must discuss the | ||||||
2 | condition of any patients for whom a controlled substance | ||||||
3 | is prescribed monthly with the delegating physician.
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4 | (e) Nothing in this Act shall be construed to limit the | ||||||
5 | delegation of tasks
or duties by a physician to a licensed | ||||||
6 | practical nurse, a registered
professional nurse, or other | ||||||
7 | persons. | ||||||
8 | (f) No advanced practice nurse with prescriptive authority | ||||||
9 | shall be compelled to release his or her prescription records | ||||||
10 | to any person or entity licensed under the Wholesale Drug | ||||||
11 | Distribution Licensing Act or any other pharmaceutical sales | ||||||
12 | company and may take all measures necessary and deemed | ||||||
13 | acceptable by the Department to safeguard these records from | ||||||
14 | unwanted release. An advanced practice nurse with prescriptive | ||||||
15 | authority is prohibited from releasing any prescription record | ||||||
16 | to a person or entity licensed under the Wholesale Drug | ||||||
17 | Distribution Licensing Act or any other pharmaceutical sales | ||||||
18 | company, unless the advanced practice nurse has obtained a | ||||||
19 | release waiver from the patient for whom the prescription was | ||||||
20 | initiated or the patient's authorized agent.
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21 | (Source: P.A. 95-639, eff. 10-5-07.)
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22 | Section 20. The Illinois Optometric Practice Act of 1987 is | ||||||
23 | amended by changing Section 6 as follows:
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24 | (225 ILCS 80/6) (from Ch. 111, par. 3906)
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1 | (Section scheduled to be repealed on January 1, 2017)
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2 | Sec. 6. Display of license; change of address; record of
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3 | examinations and prescriptions. Every holder of a license under | ||||||
4 | this Act shall
display such license on a conspicuous place in | ||||||
5 | the office or
offices wherein such holder practices optometry | ||||||
6 | and every holder shall,
whenever requested, exhibit such | ||||||
7 | license to any
representative of the Department, and shall | ||||||
8 | notify the Department of the
address or addresses and of every | ||||||
9 | change thereof, where such holder shall
practice optometry.
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10 | Every licensed optometrist shall keep a record of | ||||||
11 | examinations made and
prescriptions issued, which record shall | ||||||
12 | include the names of persons
examined and for whom | ||||||
13 | prescriptions were prepared, and shall be signed by
the | ||||||
14 | licensed optometrist and retained by him in the office in which | ||||||
15 | such
professional service was rendered. Such records shall be | ||||||
16 | preserved by the
optometrist for a period designated by the | ||||||
17 | Department. A copy of such records
shall be
provided, upon | ||||||
18 | written request, to the person examined, or his or her
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19 | designee. No licensed optometrist shall be compelled to release | ||||||
20 | his or her prescription records to any person or entity | ||||||
21 | licensed under the Wholesale Drug Distribution Licensing Act or | ||||||
22 | any other pharmaceutical sales company and may take all | ||||||
23 | measures necessary and deemed acceptable by the Department to | ||||||
24 | safeguard these records from unwanted release. A licensed | ||||||
25 | optometrist is prohibited from releasing any prescription | ||||||
26 | record to a person or entity licensed under the Wholesale Drug |
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1 | Distribution Licensing Act or any other pharmaceutical sales | ||||||
2 | company, unless the optometrist has obtained a release waiver | ||||||
3 | from the patient for whom the prescription was initiated or the | ||||||
4 | patient's authorized agent.
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5 | (Source: P.A. 94-787, eff. 5-19-06.)
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6 | Section 25. The Pharmacy Practice Act is amended by | ||||||
7 | changing Section 18 as follows:
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8 | (225 ILCS 85/18) (from Ch. 111, par. 4138)
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9 | (Section scheduled to be repealed on January 1, 2018)
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10 | Sec. 18. Record retention. Except as provided in subsection | ||||||
11 | (b), there shall be kept in every drugstore or
pharmacy a | ||||||
12 | suitable
book, file, or electronic record keeping system in | ||||||
13 | which shall be preserved
for a period of not less than 5 years | ||||||
14 | the original, or an exact, unalterable image, of every written
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15 | prescription and the original transcript or copy of every | ||||||
16 | verbal prescription
filled, compounded, or dispensed, in such | ||||||
17 | pharmacy; and such book or
file of prescriptions shall at all | ||||||
18 | reasonable times be open to inspection
to the pharmacy | ||||||
19 | coordinator and the duly authorized agents or
employees of the | ||||||
20 | Department.
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21 | Every prescription filled or refilled shall contain the
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22 | unique identifiers
of the persons
authorized to practice
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23 | pharmacy under the provision of this Act who fills or refills | ||||||
24 | the
prescription.
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1 | Records kept pursuant to this Section may be maintained in | ||||||
2 | an alternative
data retention system, such as a direct digital | ||||||
3 | imaging system, provided that:
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4 | (1) the records maintained in the alternative data | ||||||
5 | retention system
contain all of the information required in | ||||||
6 | a manual record;
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7 | (2) the data processing system is capable of producing | ||||||
8 | a hard copy of the
electronic record on the request of the | ||||||
9 | Board, its representative, or other
authorized local, | ||||||
10 | State, or federal law enforcement or regulatory agency;
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11 | (3) the digital images are recorded and stored only by | ||||||
12 | means of a
technology that does not allow subsequent | ||||||
13 | revision or replacement of the
images; and
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14 | (4) the prescriptions may be retained in written form | ||||||
15 | or recorded in a data processing system, provided that such | ||||||
16 | order can be produced in printed form upon lawful request.
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17 | As used in this Section, "digital imaging system" means a | ||||||
18 | system, including
people, machines, methods of organization, | ||||||
19 | and procedures, that provides input,
storage, processing, | ||||||
20 | communications, output, and control functions for
digitized
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21 | representations of original prescription records.
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22 | Inpatient drug orders may be maintained
within an | ||||||
23 | institution in a manner approved by the Department. | ||||||
24 | No licensee or registrant shall be compelled to release | ||||||
25 | prescription records to any person or entity licensed under the | ||||||
26 | Wholesale Drug Distribution Licensing Act or any other |
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1 | pharmaceutical sales company and may take all measures | ||||||
2 | necessary and deemed acceptable by the Department to safeguard | ||||||
3 | these records from unwanted release. A licensee or registrant | ||||||
4 | is prohibited from releasing any prescription record to a | ||||||
5 | person or entity licensed under the Wholesale Drug Distribution | ||||||
6 | Licensing Act or any other pharmaceutical sales company, unless | ||||||
7 | the licensee or registrant has obtained a release waiver from | ||||||
8 | the patient for whom the prescription was initiated or the | ||||||
9 | patient's authorized agent.
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10 | (Source: P.A. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)
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11 | Section 30. The Physician Assistant Practice Act of 1987 is | ||||||
12 | amended by changing Section 7.5 as follows:
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13 | (225 ILCS 95/7.5)
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14 | (Section scheduled to be repealed on January 1, 2018)
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15 | Sec. 7.5. Prescriptions. A supervising physician may | ||||||
16 | delegate
limited prescriptive authority to a physician | ||||||
17 | assistant.
This authority may, but is not required to, include | ||||||
18 | prescription and
dispensing of legend
drugs and legend | ||||||
19 | controlled substances categorized as Schedule III, IV, or V
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20 | controlled substances, as defined in Article II of the Illinois | ||||||
21 | Controlled
Substances Act, as delegated in the written | ||||||
22 | guidelines required by this
Act. To prescribe Schedule III, IV, | ||||||
23 | or V controlled substances under this
Section, a physician | ||||||
24 | assistant must obtain a mid-level practitioner
controlled |
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1 | substances license. Medication orders issued by a
physician
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2 | assistant shall be reviewed
periodically by the supervising | ||||||
3 | physician. The supervising physician shall file
with the | ||||||
4 | Department notice of delegation of prescriptive authority to a
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5 | physician assistant and
termination of delegation, specifying | ||||||
6 | the authority delegated or terminated.
Upon receipt of this | ||||||
7 | notice delegating authority to prescribe Schedule III,
IV, or V | ||||||
8 | controlled substances, the physician assistant shall be | ||||||
9 | eligible to
register for a mid-level practitioner controlled | ||||||
10 | substances license under
Section 303.05 of the Illinois | ||||||
11 | Controlled Substances Act.
Nothing in this Act shall be | ||||||
12 | construed to limit the delegation of tasks or
duties by the | ||||||
13 | supervising physician to a nurse or other appropriately trained
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14 | personnel. | ||||||
15 | No physician assistant with prescriptive authority shall | ||||||
16 | be compelled to release his or her prescription records to any | ||||||
17 | person or entity licensed under the Wholesale Drug Distribution | ||||||
18 | Licensing Act or any other pharmaceutical sales company and may | ||||||
19 | take all measures necessary and deemed acceptable by the | ||||||
20 | Department to safeguard these records from unwanted release. A | ||||||
21 | physician assistant with prescriptive authority is prohibited | ||||||
22 | from releasing any prescription record to a person or entity | ||||||
23 | licensed under the Wholesale Drug Distribution Licensing Act or | ||||||
24 | any other pharmaceutical sales company, unless the physician | ||||||
25 | assistant has obtained a release waiver from the patient for | ||||||
26 | whom the prescription was initiated or the patient's authorized |
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1 | agent.
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2 | The Department shall establish by rule the minimum | ||||||
3 | requirements for
written guidelines to be followed under this | ||||||
4 | Section.
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5 | (Source: P.A. 90-116, eff. 7-14-97; 90-818, eff. 3-23-99 .)
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6 | Section 35. The Podiatric Medical Practice Act of 1987 is | ||||||
7 | amended by adding Section 20.10 as follows: | ||||||
8 | (225 ILCS 100/20.10 new)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2018) | ||||||
10 | Sec. 20.10. Prescription record release prohibited. No | ||||||
11 | licensee shall be compelled to release his or her prescription | ||||||
12 | records to any person or entity licensed under the Wholesale | ||||||
13 | Drug Distribution Licensing Act or any other pharmaceutical | ||||||
14 | sales company and may take all measures necessary and deemed | ||||||
15 | acceptable by the Department to safeguard these records from | ||||||
16 | unwanted release. A licensee is prohibited from releasing any | ||||||
17 | prescription record to a person or entity licensed under the | ||||||
18 | Wholesale Drug Distribution Licensing Act or any other | ||||||
19 | pharmaceutical sales company, unless the licensee has obtained | ||||||
20 | a release waiver from the patient for whom the prescription was | ||||||
21 | initiated or the patient's authorized agent.
| ||||||
22 | Section 40. The Wholesale Drug Distribution Licensing Act | ||||||
23 | is amended by adding Section 50.5 as follows: |
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| |||||||
1 | (225 ILCS 120/50.5 new)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2013) | ||||||
3 | Sec. 50.5. Prescription record release prohibited. No | ||||||
4 | licensee under this Act shall compel or attempt to compel a | ||||||
5 | prescribing agent, as that term is defined by the Department, | ||||||
6 | to release prescription records. A licensee under this Act is | ||||||
7 | prohibited from receiving any prescription record from a | ||||||
8 | prescribing agent, unless that prescribing agent presents | ||||||
9 | proof that he or she has obtained a release waiver from the | ||||||
10 | patient for whom the prescription was initiated or the | ||||||
11 | patient's authorized agent.
|