Full Text of SB0194 102nd General Assembly
SB0194enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Pharmacy Practice Act is amended by | 5 | | changing Section 4 as follows:
| 6 | | (225 ILCS 85/4) (from Ch. 111, par. 4124)
| 7 | | (Section scheduled to be repealed on January 1, 2023)
| 8 | | Sec. 4. Exemptions. Nothing contained in any Section of | 9 | | this Act shall
apply
to, or in any manner interfere with:
| 10 | | (a) the lawful practice of any physician licensed to | 11 | | practice medicine in
all of its branches, dentist, | 12 | | podiatric physician,
veterinarian, or therapeutically or | 13 | | diagnostically certified optometrist within
the limits of
| 14 | | his or her license, or prevent him or her from
supplying to | 15 | | his
or her
bona fide patients
such drugs, medicines, or | 16 | | poisons as may seem to him appropriate;
| 17 | | (b) the sale of compressed gases;
| 18 | | (c) the sale of patent or proprietary medicines and | 19 | | household remedies
when sold in original and unbroken | 20 | | packages only, if such patent or
proprietary medicines and | 21 | | household remedies be properly and adequately
labeled as | 22 | | to content and usage and generally considered and accepted
| 23 | | as harmless and nonpoisonous when used according to the |
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| 1 | | directions
on the label, and also do not contain opium or | 2 | | coca leaves, or any
compound, salt or derivative thereof, | 3 | | or any drug which, according
to the latest editions of the | 4 | | following authoritative pharmaceutical
treatises and | 5 | | standards, namely, The United States | 6 | | Pharmacopoeia/National
Formulary (USP/NF), the United | 7 | | States Dispensatory, and the Accepted
Dental Remedies of | 8 | | the Council of Dental Therapeutics of the American
Dental | 9 | | Association or any or either of them, in use on the | 10 | | effective
date of this Act, or according to the existing | 11 | | provisions of the Federal
Food, Drug, and Cosmetic Act and | 12 | | Regulations of the Department of Health
and Human | 13 | | Services, Food and Drug Administration, promulgated | 14 | | thereunder
now in effect, is designated, described or | 15 | | considered as a narcotic,
hypnotic, habit forming, | 16 | | dangerous, or poisonous drug;
| 17 | | (d) the sale of poultry and livestock remedies in | 18 | | original and unbroken
packages only, labeled for poultry | 19 | | and livestock medication;
| 20 | | (e) the sale of poisonous substances or mixture of | 21 | | poisonous substances,
in unbroken packages, for | 22 | | nonmedicinal use in the arts or industries
or for | 23 | | insecticide purposes; provided, they are properly and | 24 | | adequately
labeled as to content and such nonmedicinal | 25 | | usage, in conformity
with the provisions of all applicable | 26 | | federal, state and local laws
and regulations promulgated |
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| 1 | | thereunder now in effect relating thereto
and governing | 2 | | the same, and those which are required under such | 3 | | applicable
laws and regulations to be labeled with the | 4 | | word "Poison", are also labeled
with the word "Poison" | 5 | | printed
thereon in prominent type and the name of a | 6 | | readily obtainable antidote
with directions for its | 7 | | administration;
| 8 | | (f) the delegation of limited prescriptive authority | 9 | | by a physician
licensed to
practice medicine in all its | 10 | | branches to a physician assistant
under Section 7.5 of the | 11 | | Physician Assistant Practice Act of 1987. This
delegated | 12 | | authority under Section 7.5 of the Physician Assistant | 13 | | Practice Act of 1987 may, but is not required to, include | 14 | | prescription of
controlled substances, as defined in | 15 | | Article II of the
Illinois Controlled Substances Act, in | 16 | | accordance with a written supervision agreement;
| 17 | | (g) the delegation of prescriptive authority by a | 18 | | physician
licensed to practice medicine in all its | 19 | | branches or a licensed podiatric physician to an advanced | 20 | | practice
registered nurse in accordance with a written | 21 | | collaborative
agreement under Sections 65-35 and 65-40 of | 22 | | the Nurse Practice Act; and
| 23 | | (h) the sale or distribution of dialysate or devices | 24 | | necessary to perform home peritoneal renal dialysis for | 25 | | patients with end-stage renal disease, provided that all | 26 | | of the following conditions are met: |
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| 1 | | (1) the dialysate, comprised of dextrose or | 2 | | icodextrin, or devices are approved or cleared by the | 3 | | federal Food and Drug Administration, as required by | 4 | | federal law; | 5 | | (2) the dialysate or devices are lawfully held by | 6 | | a manufacturer or the manufacturer's agent, which is | 7 | | properly registered with the Board as a manufacturer, | 8 | | third-party logistics provider, or wholesaler; | 9 | | (3) the dialysate or devices are held and | 10 | | delivered to the manufacturer or the manufacturer's | 11 | | agent in the original, sealed packaging from the | 12 | | manufacturing facility; | 13 | | (4) the dialysate or devices are delivered only | 14 | | upon receipt of a physician's prescription by a | 15 | | licensed pharmacy in which the prescription is | 16 | | processed in accordance with provisions set forth in | 17 | | this Act, and the transmittal of an order from the | 18 | | licensed pharmacy to the manufacturer or the | 19 | | manufacturer's agent; and | 20 | | (5) the manufacturer or the manufacturer's agent | 21 | | delivers the dialysate or devices directly to: (i) a | 22 | | patient with end-stage renal disease, or his or her | 23 | | designee, for the patient's self-administration of the | 24 | | dialysis therapy or (ii) a health care provider or | 25 | | institution for administration or delivery of the | 26 | | dialysis therapy to a patient with end-stage renal |
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| 1 | | disease. | 2 | | This paragraph (h) does not include any other drugs | 3 | | for peritoneal dialysis, except dialysate, as described in | 4 | | item (1) of this paragraph (h). All records of sales and | 5 | | distribution of dialysate to patients made pursuant to | 6 | | this paragraph (h) must be retained in accordance with | 7 | | Section 18 of this Act. A student pharmacist or licensed | 8 | | pharmacy technician engaged in remote prescription | 9 | | processing under Section 25.10 of this Act at a licensed | 10 | | pharmacy described in item (4) of this paragraph (h) shall | 11 | | be permitted to access an employer pharmacy's database | 12 | | from his or her home or other remote location while under | 13 | | the supervision of a pharmacist for the purpose of | 14 | | performing certain prescription processing functions, | 15 | | provided that the pharmacy establishes controls to protect | 16 | | the privacy and security of confidential records. | 17 | | (Source: P.A. 100-218, eff. 8-18-17; 100-513, eff. 1-1-18; | 18 | | 100-863, eff. 8-14-18; 101-420, eff. 8-16-19 .)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law. |
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