|
Rep. Emily McAsey
Filed: 4/8/2014
| | 09800HB4098ham001 | | LRB098 15656 RLC 58459 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 4098
|
2 | | AMENDMENT NO. ______. Amend House Bill 4098 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Illinois Controlled Substances Act is |
5 | | amended by changing Section 312 as follows:
|
6 | | (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
|
7 | | Sec. 312. Requirements for dispensing controlled |
8 | | substances.
|
9 | | (a) A practitioner, in good faith, may dispense a Schedule
|
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
|
15 | | to any person upon
a written or electronic prescription of any |
16 | | prescriber, dated and signed
by the
person prescribing (or |
|
| | 09800HB4098ham001 | - 2 - | LRB098 15656 RLC 58459 a |
|
|
1 | | electronically validated in compliance with Section 311.5) on |
2 | | the day when issued and bearing the name and
address of the |
3 | | patient for whom, or the owner of the animal for which
the |
4 | | controlled substance is dispensed, and the full name, address |
5 | | and
registry number under the laws of the United States |
6 | | relating to
controlled substances of the prescriber, if he or |
7 | | she is
required by
those laws to be registered. If the |
8 | | prescription is for an animal it
shall state the species of |
9 | | animal for which it is ordered. The
practitioner filling the |
10 | | prescription shall, unless otherwise permitted, write the date |
11 | | of filling
and his or her own signature on the face of the |
12 | | written prescription or, alternatively, shall indicate such |
13 | | filling using a unique identifier as defined in paragraph (v) |
14 | | of Section 3 of the Pharmacy Practice Act.
The written |
15 | | prescription shall be
retained on file by the practitioner who |
16 | | filled it or pharmacy in which
the prescription was filled for |
17 | | a period of 2 years, so as to be readily
accessible for |
18 | | inspection or removal by any officer or employee engaged
in the |
19 | | enforcement of this Act. Whenever the practitioner's or
|
20 | | pharmacy's copy of any prescription is removed by an officer or
|
21 | | employee engaged in the enforcement of this Act, for the |
22 | | purpose of
investigation or as evidence, such officer or |
23 | | employee shall give to the
practitioner or pharmacy a receipt |
24 | | in lieu thereof. If the specific prescription is machine or |
25 | | computer generated and printed at the prescriber's office, the |
26 | | date does not need to be handwritten. A prescription
for a |
|
| | 09800HB4098ham001 | - 3 - | LRB098 15656 RLC 58459 a |
|
|
1 | | Schedule II controlled substance shall not be issued for more |
2 | | than a 30 day supply, except as provided in subsection (a-5), |
3 | | and shall be valid for up to 90 days
after the date of |
4 | | issuance. A written prescription for Schedule III, IV or
V |
5 | | controlled substances shall not be filled or refilled more than |
6 | | 6 months
after the date thereof or refilled more than 5 times |
7 | | unless renewed, in
writing, by the prescriber.
|
8 | | (a-5) Physicians may issue multiple prescriptions (3 |
9 | | sequential 30-day supplies) for the same Schedule II controlled |
10 | | substance, authorizing up to a 90-day supply. Before |
11 | | authorizing a 90-day supply of a Schedule II controlled |
12 | | substance, the physician must meet both of the following |
13 | | conditions: |
14 | | (1) Each separate prescription must be issued for a |
15 | | legitimate medical purpose by an individual physician |
16 | | acting in the usual course of professional practice. |
17 | | (2) The individual physician must provide written |
18 | | instructions on each prescription (other than the first |
19 | | prescription, if the prescribing physician intends for the |
20 | | prescription to be filled immediately) indicating the |
21 | | earliest date on which a pharmacy may fill that |
22 | | prescription. |
23 | | (3) For a Schedule II controlled substance of an |
24 | | extended-release formulation, which contains hydrocodone, |
25 | | the patient must attend an in-person visit with the initial |
26 | | prescribing physician. |
|
| | 09800HB4098ham001 | - 4 - | LRB098 15656 RLC 58459 a |
|
|
1 | | (b) In lieu of a written prescription required by this |
2 | | Section, a
pharmacist, in good faith, may dispense Schedule |
3 | | III, IV, or V
substances to any person either upon receiving a |
4 | | facsimile of a written,
signed prescription transmitted by the |
5 | | prescriber or the prescriber's agent
or upon a lawful oral |
6 | | prescription of a
prescriber which oral prescription shall be |
7 | | reduced
promptly to
writing by the pharmacist and such written |
8 | | memorandum thereof shall be
dated on the day when such oral |
9 | | prescription is received by the
pharmacist and shall bear the |
10 | | full name and address of the ultimate user
for whom, or of the |
11 | | owner of the animal for which the controlled
substance is |
12 | | dispensed, and the full name, address, and registry number
|
13 | | under the law of the United States relating to controlled |
14 | | substances of
the prescriber prescribing if he or she is |
15 | | required by those laws
to be so
registered, and the pharmacist |
16 | | filling such oral prescription shall
write the date of filling |
17 | | and his or her own signature on the face of such
written |
18 | | memorandum thereof. The facsimile copy of the prescription or
|
19 | | written memorandum of the oral
prescription shall be retained |
20 | | on file by the proprietor of the pharmacy
in which it is filled |
21 | | for a period of not less than two years, so as to
be readily |
22 | | accessible for inspection by any officer or employee engaged
in |
23 | | the enforcement of this Act in the same manner as a written
|
24 | | prescription. The facsimile copy of the prescription or oral |
25 | | prescription
and the written memorandum thereof
shall not be |
26 | | filled or refilled more than 6 months after the date
thereof or |
|
| | 09800HB4098ham001 | - 5 - | LRB098 15656 RLC 58459 a |
|
|
1 | | be refilled more than 5 times, unless renewed, in writing, by
|
2 | | the prescriber.
|
3 | | (c) Except for any non-prescription targeted |
4 | | methamphetamine precursor regulated by the Methamphetamine |
5 | | Precursor Control Act, a
controlled substance included in |
6 | | Schedule V shall not be
distributed or dispensed other than for |
7 | | a medical purpose and not for
the purpose of evading this Act, |
8 | | and then:
|
9 | | (1) only personally by a person registered to dispense |
10 | | a Schedule V
controlled substance and then only to his or |
11 | | her patients, or
|
12 | | (2) only personally by a pharmacist, and then only to a |
13 | | person over
21 years of age who has identified himself or |
14 | | herself to the pharmacist by means of
2 positive documents |
15 | | of identification.
|
16 | | (3) the dispenser shall record the name and address of |
17 | | the
purchaser, the name and quantity of the product, the |
18 | | date and time of
the sale, and the dispenser's signature.
|
19 | | (4) no person shall purchase or be dispensed more than |
20 | | 120
milliliters or more than 120 grams of any Schedule V |
21 | | substance which
contains codeine, dihydrocodeine, or any |
22 | | salts thereof, or
ethylmorphine, or any salts thereof, in |
23 | | any 96 hour period. The
purchaser shall sign a form, |
24 | | approved by the Department of Financial and Professional
|
25 | | Regulation, attesting that he or she has not purchased any |
26 | | Schedule V
controlled substances within the immediately |
|
| | 09800HB4098ham001 | - 6 - | LRB098 15656 RLC 58459 a |
|
|
1 | | preceding 96 hours.
|
2 | | (5) (Blank).
|
3 | | (6) all records of purchases and sales shall be |
4 | | maintained for not
less than 2 years.
|
5 | | (7) no person shall obtain or attempt to obtain within |
6 | | any
consecutive 96 hour period any Schedule V substances of |
7 | | more than 120
milliliters or more than 120 grams containing |
8 | | codeine, dihydrocodeine or
any of its salts, or |
9 | | ethylmorphine or any of its salts. Any person
obtaining any |
10 | | such preparations or combination of preparations in excess
|
11 | | of this limitation shall be in unlawful possession of such |
12 | | controlled
substance.
|
13 | | (8) a person qualified to dispense controlled |
14 | | substances under this
Act and registered thereunder shall |
15 | | at no time maintain or keep in stock
a quantity of Schedule |
16 | | V controlled substances in excess of 4.5 liters for each
|
17 | | substance; a pharmacy shall at no time maintain or keep in |
18 | | stock a
quantity of Schedule V controlled substances as |
19 | | defined in excess of 4.5
liters for each substance, plus |
20 | | the additional quantity of controlled
substances necessary |
21 | | to fill the largest number of prescription orders
filled by |
22 | | that pharmacy for such controlled substances in any one |
23 | | week
in the previous year. These limitations shall not |
24 | | apply to Schedule V
controlled substances which Federal law |
25 | | prohibits from being dispensed
without a prescription.
|
26 | | (9) no person shall distribute or dispense butyl |
|
| | 09800HB4098ham001 | - 7 - | LRB098 15656 RLC 58459 a |
|
|
1 | | nitrite for
inhalation or other introduction into the human |
2 | | body for euphoric or
physical effect.
|
3 | | (d) Every practitioner shall keep a record or log of |
4 | | controlled substances
received by him or her and a record of |
5 | | all such controlled substances
administered, dispensed or |
6 | | professionally used by him or her otherwise than by
|
7 | | prescription. It shall, however, be sufficient compliance with |
8 | | this
paragraph if any practitioner utilizing controlled |
9 | | substances listed in
Schedules III, IV and V shall keep a |
10 | | record of all those substances
dispensed and distributed by him |
11 | | or her other than those controlled substances
which are |
12 | | administered by the direct application of a controlled
|
13 | | substance, whether by injection, inhalation, ingestion, or any |
14 | | other
means to the body of a patient or research subject. A |
15 | | practitioner who
dispenses, other than by administering, a |
16 | | controlled substance in
Schedule II, which is a narcotic drug |
17 | | listed in Section 206 of this Act,
or which contains any |
18 | | quantity of amphetamine or methamphetamine, their
salts, |
19 | | optical isomers or salts of optical isomers, pentazocine, or
|
20 | | methaqualone shall do so only upon
the issuance of a written |
21 | | prescription blank or electronic prescription issued by a
|
22 | | prescriber.
|
23 | | (e) Whenever a manufacturer distributes a controlled |
24 | | substance in a
package prepared by him or her, and whenever a |
25 | | wholesale distributor
distributes a controlled substance in a |
26 | | package prepared by him or her or the
manufacturer, he or she |
|
| | 09800HB4098ham001 | - 8 - | LRB098 15656 RLC 58459 a |
|
|
1 | | shall securely affix to each package in which that
substance is |
2 | | contained a label showing in legible English the name and
|
3 | | address of the manufacturer, the distributor and the quantity, |
4 | | kind and
form of controlled substance contained therein. No |
5 | | person except a
pharmacist and only for the purposes of filling |
6 | | a prescription under
this Act, shall alter, deface or remove |
7 | | any label so affixed.
|
8 | | (f) Whenever a practitioner dispenses any controlled |
9 | | substance except a non-prescription Schedule V product or a |
10 | | non-prescription targeted methamphetamine precursor regulated |
11 | | by the Methamphetamine Precursor Control Act, he or she
shall |
12 | | affix to the container in which such substance is sold or
|
13 | | dispensed, a label indicating the date of initial filling, the |
14 | | practitioner's
name and address, the name
of the patient, the |
15 | | name of the prescriber,
the directions
for use and cautionary |
16 | | statements, if any, contained in any prescription
or required |
17 | | by law, the proprietary name or names or the established name
|
18 | | of the controlled substance, and the dosage and quantity, |
19 | | except as otherwise
authorized by regulation by the Department |
20 | | of Financial and Professional Regulation. No
person shall |
21 | | alter, deface or remove any label so affixed as long as the |
22 | | specific medication remains in the container.
|
23 | | (g) A person to whom or for whose use any controlled |
24 | | substance has
been prescribed or dispensed by a practitioner, |
25 | | or other persons
authorized under this Act, and the owner of |
26 | | any animal for which such
substance has been prescribed or |
|
| | 09800HB4098ham001 | - 9 - | LRB098 15656 RLC 58459 a |
|
|
1 | | dispensed by a veterinarian, may
lawfully possess such |
2 | | substance only in the container in which it was
delivered to |
3 | | him or her by the person dispensing such substance.
|
4 | | (h) The responsibility for the proper prescribing or |
5 | | dispensing of
controlled substances that are under the |
6 | | prescriber's direct control is upon the prescriber. The |
7 | | responsibility for
the proper filling of a prescription for |
8 | | controlled substance drugs
rests with the pharmacist. An order |
9 | | purporting to be a prescription
issued to any individual, which |
10 | | is not in the regular course of
professional treatment nor part |
11 | | of an authorized methadone maintenance
program, nor in |
12 | | legitimate and authorized research instituted by any
|
13 | | accredited hospital, educational institution, charitable |
14 | | foundation, or
federal, state or local governmental agency, and |
15 | | which is intended to
provide that individual with controlled |
16 | | substances sufficient to
maintain that individual's or any |
17 | | other individual's physical or
psychological addiction, |
18 | | habitual or customary use, dependence, or
diversion of that |
19 | | controlled substance is not a prescription within the
meaning |
20 | | and intent of this Act; and the person issuing it, shall be
|
21 | | subject to the penalties provided for violations of the law |
22 | | relating to
controlled substances.
|
23 | | (i) A prescriber shall not preprint or cause to be
|
24 | | preprinted a
prescription for any controlled substance; nor |
25 | | shall any practitioner
issue, fill or cause to be issued or |
26 | | filled, a preprinted prescription
for any controlled |
|
| | 09800HB4098ham001 | - 10 - | LRB098 15656 RLC 58459 a |
|
|
1 | | substance.
|
2 | | (i-5) A prescriber may use a machine or electronic device |
3 | | to individually generate a printed prescription, but the |
4 | | prescriber is still required to affix his or her manual |
5 | | signature. |
6 | | (j) No person shall manufacture, dispense, deliver, |
7 | | possess with
intent to deliver, prescribe, or administer or |
8 | | cause to be administered
under his or her direction any |
9 | | anabolic steroid, for any use in humans other than
the |
10 | | treatment of disease in accordance with the order of a |
11 | | physician licensed
to practice medicine in all its branches for |
12 | | a
valid medical purpose in the course of professional practice. |
13 | | The use of
anabolic steroids for the purpose of hormonal |
14 | | manipulation that is intended
to increase muscle mass, strength |
15 | | or weight without a medical necessity to
do so, or for the |
16 | | intended purpose of improving physical appearance or
|
17 | | performance in any form of exercise, sport, or game, is not a |
18 | | valid medical
purpose or in the course of professional |
19 | | practice.
|
20 | | (k) Controlled substances may be mailed if all of the |
21 | | following conditions are met: |
22 | | (1) The controlled substances are not outwardly |
23 | | dangerous and are not likely, of their own force, to cause |
24 | | injury to a person's life or health. |
25 | | (2) The inner container of a parcel containing |
26 | | controlled substances must be marked and sealed as required |
|
| | 09800HB4098ham001 | - 11 - | LRB098 15656 RLC 58459 a |
|
|
1 | | under this Act and its rules, and be placed in a plain |
2 | | outer container or securely wrapped in plain paper. |
3 | | (3) If the controlled substances consist of |
4 | | prescription medicines, the inner container must be |
5 | | labeled to show the name and address of the pharmacy or |
6 | | practitioner dispensing the prescription. |
7 | | (4) The outside wrapper or container must be free of |
8 | | markings that would indicate the nature of the contents. |
9 | | (Source: P.A. 96-166, eff. 1-1-10; 97-334, eff. 1-1-12.)".
|