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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 5. The Pharmacy Practice Act is amended by changing | ||||||
5 | Section 16b as follows: | ||||||
6 | (225 ILCS 85/16b) | ||||||
7 | (Section scheduled to be repealed on January 1, 2018)
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8 | Sec. 16b. Prescription pick up and drop off. Nothing | ||||||
9 | contained in this Act shall prohibit a pharmacist or pharmacy, | ||||||
10 | by means of its employee or by use of a common carrier or the | ||||||
11 | U.S. mail, at the request of the patient, from picking up | ||||||
12 | prescription orders from the prescriber or delivering | ||||||
13 | prescription drugs to the patient or the patient's agent , | ||||||
14 | including an advanced practice nurse, practical nurse, or | ||||||
15 | registered nurse licensed under the Nurse Practice Act, or a | ||||||
16 | physician assistant licensed under the Physician Assistant | ||||||
17 | Practice Act of 1987, who provides hospice services to a | ||||||
18 | hospice patient or who provides home health services to a | ||||||
19 | person, at the residence or place of employment of the person | ||||||
20 | for whom the prescription was issued or at the hospital or | ||||||
21 | medical care facility in which the patient is confined. | ||||||
22 | Conversely, the patient or patient's agent may drop off | ||||||
23 | prescriptions at a designated area. In this Section, "home |
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1 | health services" has the meaning ascribed to it in the Home | ||||||
2 | Health, Home Services, and Home Nursing Agency Licensing Act; | ||||||
3 | and "hospice patient" and "hospice services" have the meanings | ||||||
4 | ascribed to them in the Hospice Program Licensing Act.
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5 | (Source: P.A. 95-689, eff. 10-29-07.) | ||||||
6 | Section 10. The Illinois Controlled Substances Act is | ||||||
7 | amended by changing Section 302 as follows: | ||||||
8 | (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302) | ||||||
9 | Sec. 302. (a) Every person who manufactures, distributes, | ||||||
10 | or dispenses
any controlled substances, or engages in chemical | ||||||
11 | analysis, and
instructional activities which utilize | ||||||
12 | controlled substances,
or who purchases, stores, or | ||||||
13 | administers euthanasia drugs, within this
State or who proposes | ||||||
14 | to engage in the
manufacture, distribution, or dispensing of | ||||||
15 | any controlled substance, or to
engage in chemical analysis, | ||||||
16 | and instructional activities
which utilize controlled | ||||||
17 | substances, or to engage in purchasing, storing, or
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18 | administering euthanasia drugs, within this State, must obtain | ||||||
19 | a
registration issued by the Department of Financial and | ||||||
20 | Professional Regulation in
accordance with its rules. The rules | ||||||
21 | shall
include, but not be limited to, setting the expiration | ||||||
22 | date and renewal
period for each registration under this Act. | ||||||
23 | The Department,
any facility or service licensed by the | ||||||
24 | Department, and any veterinary hospital or clinic operated by a |
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1 | veterinarian or veterinarians licensed under the Veterinary | ||||||
2 | Medicine and Surgery Practice Act of 2004 or maintained by a | ||||||
3 | State-supported or publicly funded university or college shall | ||||||
4 | be exempt
from the regulation requirements of this Section; | ||||||
5 | however, such exemption shall not operate to bar the University | ||||||
6 | of Illinois from requesting, nor the Department of Financial | ||||||
7 | and Professional Regulation from issuing, a registration to the | ||||||
8 | University of Illinois Veterinary Teaching Hospital under this | ||||||
9 | Act. Neither a request for such registration nor the issuance | ||||||
10 | of such registration to the University of Illinois shall | ||||||
11 | operate to otherwise waive or modify the exemption provided in | ||||||
12 | this subsection (a).
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13 | (b) Persons registered by the Department of Financial and | ||||||
14 | Professional Regulation
under this Act to manufacture, | ||||||
15 | distribute, or dispense controlled
substances, or purchase, | ||||||
16 | store, or administer euthanasia drugs, may
possess, | ||||||
17 | manufacture, distribute, or dispense those
substances, or | ||||||
18 | purchase, store, or administer euthanasia drugs, to the
extent | ||||||
19 | authorized by their registration and in conformity
with the | ||||||
20 | other provisions of this Article.
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21 | (c) The following persons need not register and may | ||||||
22 | lawfully possess
controlled substances under this Act:
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23 | (1) an agent or employee of any registered | ||||||
24 | manufacturer, distributor, or
dispenser of any controlled | ||||||
25 | substance if he or she is acting in the usual course
of his | ||||||
26 | or her employer's lawful business or employment;
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1 | (2) a common or contract carrier or warehouseman, or an | ||||||
2 | agent or
employee thereof, whose possession of any | ||||||
3 | controlled substance is in the
usual lawful course of such | ||||||
4 | business or employment;
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5 | (3) an ultimate user or a person in possession of a | ||||||
6 | controlled substance prescribed for the ultimate user | ||||||
7 | under a lawful prescription of a practitioner, including an | ||||||
8 | advanced practice nurse, practical nurse, or registered | ||||||
9 | nurse licensed under the Nurse Practice Act, or a physician | ||||||
10 | assistant licensed under the Physician Assistant Practice | ||||||
11 | Act of 1987, who provides hospice services to a hospice | ||||||
12 | patient or who provides home health services to a person, | ||||||
13 | or a person in possession of any controlled
substance | ||||||
14 | pursuant to a lawful prescription of a practitioner or in | ||||||
15 | lawful
possession of a Schedule V substance . In this | ||||||
16 | Section, "home health services" has the meaning ascribed to | ||||||
17 | it in the Home Health, Home Services, and Home Nursing | ||||||
18 | Agency Licensing Act; and "hospice patient" and "hospice | ||||||
19 | services" have the meanings ascribed to them in the Hospice | ||||||
20 | Program Licensing Act ;
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21 | (4) officers and employees of this State or of the | ||||||
22 | United States while
acting in the lawful course of their | ||||||
23 | official duties which requires
possession of controlled | ||||||
24 | substances;
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25 | (5) a registered pharmacist who is employed in, or the | ||||||
26 | owner of, a
pharmacy licensed under this Act and the |
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1 | Federal Controlled Substances Act,
at the licensed | ||||||
2 | location, or if he or she is acting in the usual course of | ||||||
3 | his or her
lawful profession, business, or employment.
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4 | (d) A separate registration is required at each place of
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5 | business or professional practice where the applicant | ||||||
6 | manufactures,
distributes, or dispenses controlled substances, | ||||||
7 | or purchases, stores, or
administers euthanasia drugs.
Persons | ||||||
8 | are required to obtain a separate registration for each
place | ||||||
9 | of business or professional practice where controlled
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10 | substances are located or stored. A separate registration is
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11 | not required for every location at which a controlled substance
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12 | may be prescribed.
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13 | (e) The Department of Financial and Professional | ||||||
14 | Regulation or the Illinois
State Police may inspect the | ||||||
15 | controlled premises, as defined in Section
502 of this Act, of | ||||||
16 | a registrant or applicant for registration in
accordance with | ||||||
17 | this Act and the rules promulgated hereunder and with regard
to | ||||||
18 | persons licensed by the Department, in accordance with | ||||||
19 | subsection (bb)
of Section 30-5
of the Alcoholism and Other | ||||||
20 | Drug Abuse and Dependency Act and
the rules and
regulations | ||||||
21 | promulgated thereunder.
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22 | (Source: P.A. 96-219, eff. 8-10-09; 97-126, eff. 7-14-11; | ||||||
23 | 97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
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