96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0488

 

Introduced 2/4/2009, by Rep. Lou Lang

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/312   from Ch. 56 1/2, par. 1312

    Amends the Illinois Controlled Substances Act. Provides that any written prescription for a Schedule II controlled substance may be filled within 90 (rather than 7) days after issuance.


LRB096 04248 RLC 14294 b

 

 

A BILL FOR

 

HB0488 LRB096 04248 RLC 14294 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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 prescription of any prescriber,
16 dated and signed by the person prescribing on the day when
17 issued and bearing the name and address of the patient for
18 whom, or the owner of the animal for which the controlled
19 substance is dispensed, and the full name, address and registry
20 number under the laws of the United States relating to
21 controlled substances of the prescriber, if he is required by
22 those laws to be registered. If the prescription is for an
23 animal it shall state the species of animal for which it is

 

 

HB0488 - 2 - LRB096 04248 RLC 14294 b

1 ordered. The practitioner filling the prescription shall write
2 the date of filling and his own signature on the face of the
3 written prescription. The written prescription shall be
4 retained on file by the practitioner who filled it or pharmacy
5 in which the prescription was filled for a period of 2 years,
6 so as to be readily accessible for inspection or removal by any
7 officer or employee engaged in the enforcement of this Act.
8 Whenever the practitioner's or pharmacy's copy of any
9 prescription is removed by an officer or employee engaged in
10 the enforcement of this Act, for the purpose of investigation
11 or as evidence, such officer or employee shall give to the
12 practitioner or pharmacy a receipt in lieu thereof. A
13 prescription for a Schedule II controlled substance shall not
14 be filled more than 90 7 days after the date of issuance. A
15 written prescription for Schedule III, IV or V controlled
16 substances shall not be filled or refilled more than 6 months
17 after the date thereof or refilled more than 5 times unless
18 renewed, in writing, by the prescriber.
19     (b) In lieu of a written prescription required by this
20 Section, a pharmacist, in good faith, may dispense Schedule
21 III, IV, or V substances to any person either upon receiving a
22 facsimile of a written, signed prescription transmitted by the
23 prescriber or the prescriber's agent or upon a lawful oral
24 prescription of a prescriber which oral prescription shall be
25 reduced promptly to writing by the pharmacist and such written
26 memorandum thereof shall be dated on the day when such oral

 

 

HB0488 - 3 - LRB096 04248 RLC 14294 b

1 prescription is received by the pharmacist and shall bear the
2 full name and address of the ultimate user for whom, or of the
3 owner of the animal for which the controlled substance is
4 dispensed, and the full name, address, and registry number
5 under the law of the United States relating to controlled
6 substances of the prescriber prescribing if he is required by
7 those laws to be so registered, and the pharmacist filling such
8 oral prescription shall write the date of filling and his own
9 signature on the face of such written memorandum thereof. The
10 facsimile copy of the prescription or written memorandum of the
11 oral prescription shall be retained on file by the proprietor
12 of the pharmacy in which it is filled for a period of not less
13 than two years, so as to be readily accessible for inspection
14 by any officer or employee engaged in the enforcement of this
15 Act in the same manner as a written prescription. The facsimile
16 copy of the prescription or oral prescription and the written
17 memorandum thereof shall not be filled or refilled more than 6
18 months after the date thereof or be refilled more than 5 times,
19 unless renewed, in writing, by the prescriber.
20     (c) Except for any non-prescription targeted
21 methamphetamine precursor regulated by the Methamphetamine
22 Precursor Control Act, a controlled substance included in
23 Schedule V shall not be distributed or dispensed other than for
24 a medical purpose and not for the purpose of evading this Act,
25 and then:
26         (1) only personally by a person registered to dispense

 

 

HB0488 - 4 - LRB096 04248 RLC 14294 b

1     a Schedule V controlled substance and then only to his
2     patients, or
3         (2) only personally by a pharmacist, and then only to a
4     person over 21 years of age who has identified himself to
5     the pharmacist by means of 2 positive documents of
6     identification.
7         (3) the dispenser shall record the name and address of
8     the purchaser, the name and quantity of the product, the
9     date and time of the sale, and the dispenser's signature.
10         (4) no person shall purchase or be dispensed more than
11     120 milliliters or more than 120 grams of any Schedule V
12     substance which contains codeine, dihydrocodeine, or any
13     salts thereof, or ethylmorphine, or any salts thereof, in
14     any 96 hour period. The purchaser shall sign a form,
15     approved by the Department of Professional Regulation,
16     attesting that he has not purchased any Schedule V
17     controlled substances within the immediately preceding 96
18     hours.
19         (5) a copy of the records of sale, including all
20     information required by paragraph (3), shall be forwarded
21     to the Department of Professional Regulation at its
22     principal office by the 15th day of the following month.
23         (6) all records of purchases and sales shall be
24     maintained for not less than 2 years.
25         (7) no person shall obtain or attempt to obtain within
26     any consecutive 96 hour period any Schedule V substances of

 

 

HB0488 - 5 - LRB096 04248 RLC 14294 b

1     more than 120 milliliters or more than 120 grams containing
2     codeine, dihydrocodeine or any of its salts, or
3     ethylmorphine or any of its salts. Any person obtaining any
4     such preparations or combination of preparations in excess
5     of this limitation shall be in unlawful possession of such
6     controlled substance.
7         (8) a person qualified to dispense controlled
8     substances under this Act and registered thereunder shall
9     at no time maintain or keep in stock a quantity of Schedule
10     V controlled substances defined and listed in Section 212
11     (b) (1), (2) or (3) in excess of 4.5 liters for each
12     substance; a pharmacy shall at no time maintain or keep in
13     stock a quantity of Schedule V controlled substances as
14     defined in excess of 4.5 liters for each substance, plus
15     the additional quantity of controlled substances necessary
16     to fill the largest number of prescription orders filled by
17     that pharmacy for such controlled substances in any one
18     week in the previous year. These limitations shall not
19     apply to Schedule V controlled substances which Federal law
20     prohibits from being dispensed without a prescription.
21         (9) no person shall distribute or dispense butyl
22     nitrite for inhalation or other introduction into the human
23     body for euphoric or physical effect.
24     (d) Every practitioner shall keep a record of controlled
25 substances received by him and a record of all such controlled
26 substances administered, dispensed or professionally used by

 

 

HB0488 - 6 - LRB096 04248 RLC 14294 b

1 him otherwise than by prescription. It shall, however, be
2 sufficient compliance with this paragraph if any practitioner
3 utilizing controlled substances listed in Schedules III, IV and
4 V shall keep a record of all those substances dispensed and
5 distributed by him other than those controlled substances which
6 are administered by the direct application of a controlled
7 substance, whether by injection, inhalation, ingestion, or any
8 other means to the body of a patient or research subject. A
9 practitioner who dispenses, other than by administering, a
10 controlled substance in Schedule II, which is a narcotic drug
11 listed in Section 206 of this Act, or which contains any
12 quantity of amphetamine or methamphetamine, their salts,
13 optical isomers or salts of optical isomers, pentazocine, or
14 methaqualone shall do so only upon the issuance of a written
15 prescription blank by a prescriber.
16     (e) Whenever a manufacturer distributes a controlled
17 substance in a package prepared by him, and whenever a
18 wholesale distributor distributes a controlled substance in a
19 package prepared by him or the manufacturer, he shall securely
20 affix to each package in which that substance is contained a
21 label showing in legible English the name and address of the
22 manufacturer, the distributor and the quantity, kind and form
23 of controlled substance contained therein. No person except a
24 pharmacist and only for the purposes of filling a prescription
25 under this Act, shall alter, deface or remove any label so
26 affixed.

 

 

HB0488 - 7 - LRB096 04248 RLC 14294 b

1     (f) Whenever a practitioner dispenses any controlled
2 substance except a non-prescription targeted methamphetamine
3 precursor regulated by the Methamphetamine Precursor Control
4 Act, he shall affix to the container in which such substance is
5 sold or dispensed, a label indicating the date of initial
6 filling, the practitioner's name and address, the name of the
7 patient, the name of the prescriber, the directions for use and
8 cautionary statements, if any, contained in any prescription or
9 required by law, the proprietary name or names or the
10 established name of the controlled substance, and the dosage
11 and quantity, except as otherwise authorized by regulation by
12 the Department of Professional Regulation. No person shall
13 alter, deface or remove any label so affixed.
14     (g) A person to whom or for whose use any controlled
15 substance has been prescribed or dispensed by a practitioner,
16 or other persons authorized under this Act, and the owner of
17 any animal for which such substance has been prescribed or
18 dispensed by a veterinarian, may lawfully possess such
19 substance only in the container in which it was delivered to
20 him by the person dispensing such substance.
21     (h) The responsibility for the proper prescribing or
22 dispensing of controlled substances is upon the prescriber and
23 the responsibility for the proper filling of a prescription for
24 controlled substance drugs rests with the pharmacist. An order
25 purporting to be a prescription issued to any individual, which
26 is not in the regular course of professional treatment nor part

 

 

HB0488 - 8 - LRB096 04248 RLC 14294 b

1 of an authorized methadone maintenance program, nor in
2 legitimate and authorized research instituted by any
3 accredited hospital, educational institution, charitable
4 foundation, or federal, state or local governmental agency, and
5 which is intended to provide that individual with controlled
6 substances sufficient to maintain that individual's or any
7 other individual's physical or psychological addiction,
8 habitual or customary use, dependence, or diversion of that
9 controlled substance is not a prescription within the meaning
10 and intent of this Act; and the person issuing it, shall be
11 subject to the penalties provided for violations of the law
12 relating to controlled substances.
13     (i) A prescriber shall not preprint or cause to be
14 preprinted a prescription for any controlled substance; nor
15 shall any practitioner issue, fill or cause to be issued or
16 filled, a preprinted prescription for any controlled
17 substance.
18     (j) No person shall manufacture, dispense, deliver,
19 possess with intent to deliver, prescribe, or administer or
20 cause to be administered under his direction any anabolic
21 steroid, for any use in humans other than the treatment of
22 disease in accordance with the order of a physician licensed to
23 practice medicine in all its branches for a valid medical
24 purpose in the course of professional practice. The use of
25 anabolic steroids for the purpose of hormonal manipulation that
26 is intended to increase muscle mass, strength or weight without

 

 

HB0488 - 9 - LRB096 04248 RLC 14294 b

1 a medical necessity to do so, or for the intended purpose of
2 improving physical appearance or performance in any form of
3 exercise, sport, or game, is not a valid medical purpose or in
4 the course of professional practice.
5 (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)