Full Text of HB1879 103rd General Assembly
HB1879ham001 103RD GENERAL ASSEMBLY | Rep. Amy L. Grant Filed: 3/7/2024 | | 10300HB1879ham001 | | LRB103 28151 RLC 70456 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1879
| 2 | | AMENDMENT NO. ______. Amend House Bill 1879 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 |
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| 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 | 19 | | the enforcement of this Act. Whenever the practitioner's or | 20 | | pharmacy's copy of any prescription is removed by an officer | 21 | | or 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 |
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| 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 | 6 | | than 6 months after the date thereof or refilled more than 5 | 7 | | times unless renewed, in writing, by the prescriber. A | 8 | | pharmacy shall maintain a policy regarding the type of | 9 | | identification necessary, if any, to receive a prescription in | 10 | | accordance with State and federal law. The pharmacy must post | 11 | | such information where prescriptions are filled. | 12 | | (a-5) Physicians may issue multiple prescriptions (3 | 13 | | sequential 30-day supplies) for the same Schedule II | 14 | | controlled substance, authorizing up to a 90-day supply. | 15 | | Before authorizing a 90-day supply of a Schedule II controlled | 16 | | substance, the physician must meet the following conditions: | 17 | | (1) Each separate prescription must be issued for a | 18 | | legitimate medical purpose by an individual physician | 19 | | acting in the usual course of professional practice. | 20 | | (2) The individual physician must provide written | 21 | | instructions on each prescription (other than the first | 22 | | prescription, if the prescribing physician intends for the | 23 | | prescription to be filled immediately) indicating the | 24 | | earliest date on which a pharmacy may fill that | 25 | | prescription. | 26 | | (3) The physician shall document in the medical record |
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| 1 | | of a patient the medical necessity for the amount and | 2 | | duration of the 3 sequential 30-day prescriptions for | 3 | | Schedule II narcotics. | 4 | | (a-10) Prescribers who issue a prescription for an opioid | 5 | | shall inform the patient that opioids are addictive and that | 6 | | opioid antagonists are available by prescription or from a | 7 | | pharmacy. | 8 | | (b) In lieu of a written prescription required by this | 9 | | Section, a pharmacist, in good faith, may dispense Schedule | 10 | | III, IV, or V substances to any person either upon receiving a | 11 | | facsimile of a written, signed prescription transmitted by the | 12 | | prescriber or the prescriber's agent or upon a lawful oral | 13 | | prescription of a prescriber which oral prescription shall be | 14 | | reduced promptly to writing by the pharmacist and such written | 15 | | memorandum thereof shall be dated on the day when such oral | 16 | | prescription is received by the pharmacist and shall bear the | 17 | | full name and address of the ultimate user for whom, or of the | 18 | | owner of the animal for which the controlled substance is | 19 | | dispensed, and the full name, address, and registry number | 20 | | under the law of the United States relating to controlled | 21 | | substances of the prescriber prescribing if he or she is | 22 | | required by those laws to be so registered, and the pharmacist | 23 | | filling such oral prescription shall write the date of filling | 24 | | and his or her own signature on the face of such written | 25 | | memorandum thereof. The facsimile copy of the prescription or | 26 | | written memorandum of the oral prescription shall be retained |
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| 1 | | on file by the proprietor of the pharmacy in which it is filled | 2 | | for a period of not less than two years, so as to be readily | 3 | | accessible for inspection by any officer or employee engaged | 4 | | in the enforcement of this Act in the same manner as a written | 5 | | prescription. The facsimile copy of the prescription or oral | 6 | | prescription and the written memorandum thereof shall not be | 7 | | filled or refilled more than 6 months after the date thereof or | 8 | | be refilled more than 5 times, unless renewed, in writing, by | 9 | | the prescriber. | 10 | | (c) Except for any non-prescription targeted | 11 | | methamphetamine precursor regulated by the Methamphetamine | 12 | | Precursor Control Act, a controlled substance included in | 13 | | Schedule V shall not be distributed or dispensed other than | 14 | | for a medical purpose and not for the purpose of evading this | 15 | | Act, and then: | 16 | | (1) only personally by a person registered to dispense | 17 | | a Schedule V controlled substance and then only to his or | 18 | | her patients, or | 19 | | (2) only personally by a pharmacist, and then only to | 20 | | a person over 21 years of age who has identified himself or | 21 | | herself to the pharmacist by means of 2 positive documents | 22 | | of identification. | 23 | | The dispenser shall record the name and address of the | 24 | | purchaser, the name and quantity of the product, the date and | 25 | | time of the sale, and the dispenser's signature. | 26 | | No person shall purchase or be dispensed more than 120 |
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| 1 | | milliliters or more than 120 grams of any Schedule V substance | 2 | | which contains codeine, dihydrocodeine, or any salts thereof, | 3 | | or ethylmorphine, or any salts thereof, in any 96-hour period. | 4 | | The purchaser shall sign a form, approved by the Department of | 5 | | Financial and Professional Regulation, attesting that he or | 6 | | she has not purchased any Schedule V controlled substances | 7 | | within the immediately preceding 96 hours. | 8 | | All records of purchases and sales shall be maintained for | 9 | | not less than 2 years. | 10 | | No person shall obtain or attempt to obtain within any | 11 | | consecutive 96-hour period any Schedule V substances of more | 12 | | than 120 milliliters or more than 120 grams containing | 13 | | codeine, dihydrocodeine or any of its salts, or ethylmorphine | 14 | | or any of its salts. Any person obtaining any such | 15 | | preparations or combination of preparations in excess of this | 16 | | limitation shall be in unlawful possession of such controlled | 17 | | substance. | 18 | | A person qualified to dispense controlled substances under | 19 | | this Act and registered thereunder shall at no time maintain | 20 | | or keep in stock a quantity of Schedule V controlled | 21 | | substances in excess of 4.5 liters for each substance; a | 22 | | pharmacy shall at no time maintain or keep in stock a quantity | 23 | | of Schedule V controlled substances as defined in excess of | 24 | | 4.5 liters for each substance, plus the additional quantity of | 25 | | controlled substances necessary to fill the largest number of | 26 | | prescription orders filled by that pharmacy for such |
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| 1 | | controlled substances in any one week in the previous year. | 2 | | These limitations shall not apply to Schedule V controlled | 3 | | substances which Federal law prohibits from being dispensed | 4 | | without a prescription. | 5 | | No person shall distribute or dispense butyl nitrite for | 6 | | inhalation or other introduction into the human body for | 7 | | euphoric or physical effect. | 8 | | (d) Every practitioner shall keep a record or log of | 9 | | controlled substances received by him or her and a record of | 10 | | all such controlled substances administered, dispensed or | 11 | | professionally used by him or her otherwise than by | 12 | | prescription. It shall, however, be sufficient compliance with | 13 | | this paragraph if any practitioner utilizing controlled | 14 | | substances listed in Schedules III, IV and V shall keep a | 15 | | record of all those substances dispensed and distributed by | 16 | | him or her other than those controlled substances which are | 17 | | administered by the direct application of a controlled | 18 | | substance, whether by injection, inhalation, ingestion, or any | 19 | | other means to the body of a patient or research subject. A | 20 | | practitioner who dispenses, other than by administering, a | 21 | | controlled substance in Schedule II, which is a narcotic drug | 22 | | listed in Section 206 of this Act, or which contains any | 23 | | quantity of amphetamine or methamphetamine, their salts, | 24 | | optical isomers or salts of optical isomers, pentazocine, or | 25 | | methaqualone shall do so only upon the issuance of a written | 26 | | prescription blank or electronic prescription issued by a |
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| 1 | | prescriber. | 2 | | (d-1) Any person, other than the person for whom a | 3 | | Schedule II controlled substance is prescribed, who receives | 4 | | the prescribed Schedule II controlled substance at a pharmacy | 5 | | shall provide: | 6 | | (1) identifying information of the person for whom the | 7 | | controlled substance is prescribed; and | 8 | | (2) identification to the pharmacy which shall be kept | 9 | | in the file of the person for whom the controlled | 10 | | substance is prescribed. | 11 | | (e) Whenever a manufacturer distributes a controlled | 12 | | substance in a package prepared by him or her, and whenever a | 13 | | wholesale distributor distributes a controlled substance in a | 14 | | package prepared by him or her or the manufacturer, he or she | 15 | | shall securely affix to each package in which that substance | 16 | | is contained a label showing in legible English the name and | 17 | | address of the manufacturer, the distributor and the quantity, | 18 | | kind and form of controlled substance contained therein. No | 19 | | person except a pharmacist and only for the purposes of | 20 | | filling a prescription under this Act, shall alter, deface or | 21 | | remove any label so affixed. | 22 | | (f) Whenever a practitioner dispenses any controlled | 23 | | substance except a non-prescription Schedule V product or a | 24 | | non-prescription targeted methamphetamine precursor regulated | 25 | | by the Methamphetamine Precursor Control Act, he or she shall | 26 | | affix to the container in which such substance is sold or |
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| 1 | | dispensed, a label indicating the date of initial filling, the | 2 | | practitioner's name and address, the name of the patient, the | 3 | | name of the prescriber, the directions for use and cautionary | 4 | | statements, if any, contained in any prescription or required | 5 | | by law, the proprietary name or names or the established name | 6 | | of the controlled substance, and the dosage and quantity, | 7 | | except as otherwise authorized by regulation by the Department | 8 | | of Financial and Professional Regulation. No person shall | 9 | | alter, deface or remove any label so affixed as long as the | 10 | | specific medication remains in the container. | 11 | | (g) A person to whom or for whose use any controlled | 12 | | substance has been prescribed or dispensed by a practitioner, | 13 | | or other persons authorized under this Act, and the owner of | 14 | | any animal for which such substance has been prescribed or | 15 | | dispensed by a veterinarian, may lawfully possess such | 16 | | substance only in the container in which it was delivered to | 17 | | him or her by the person dispensing such substance. | 18 | | (h) The responsibility for the proper prescribing or | 19 | | dispensing of controlled substances that are under the | 20 | | prescriber's direct control is upon the prescriber. The | 21 | | responsibility for the proper filling of a prescription for | 22 | | controlled substance drugs rests with the pharmacist. An order | 23 | | purporting to be a prescription issued to any individual, | 24 | | which is not in the regular course of professional treatment | 25 | | nor part of an authorized methadone maintenance program, nor | 26 | | in legitimate and authorized research instituted by any |
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| 1 | | accredited hospital, educational institution, charitable | 2 | | foundation, or federal, state or local governmental agency, | 3 | | and which is intended to provide that individual with | 4 | | controlled substances sufficient to maintain that individual's | 5 | | or any other individual's physical or psychological addiction, | 6 | | habitual or customary use, dependence, or diversion of that | 7 | | controlled substance is not a prescription within the meaning | 8 | | and intent of this Act; and the person issuing it, shall be | 9 | | subject to the penalties provided for violations of the law | 10 | | relating to controlled substances. | 11 | | (i) A prescriber shall not pre-print or cause to be | 12 | | pre-printed a prescription for any controlled substance; nor | 13 | | shall any practitioner issue, fill or cause to be issued or | 14 | | filled, a pre-printed prescription for any controlled | 15 | | substance. | 16 | | (i-5) A prescriber may use a machine or electronic device | 17 | | to individually generate a printed prescription, but the | 18 | | prescriber is still required to affix his or her manual | 19 | | signature. | 20 | | (j) No person shall manufacture, dispense, deliver, | 21 | | possess with intent to deliver, prescribe, or administer or | 22 | | cause to be administered under his or her direction any | 23 | | anabolic steroid, for any use in humans other than the | 24 | | treatment of disease in accordance with the order of a | 25 | | physician licensed to practice medicine in all its branches | 26 | | for a valid medical purpose in the course of professional |
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| 1 | | practice. The use of anabolic steroids for the purpose of | 2 | | hormonal manipulation that is intended to increase muscle | 3 | | mass, strength or weight without a medical necessity to do so, | 4 | | or for the intended purpose of improving physical appearance | 5 | | or performance in any form of exercise, sport, or game, is not | 6 | | a valid medical purpose or in the course of professional | 7 | | practice. | 8 | | (k) Controlled substances may be mailed if all of the | 9 | | following conditions are met: | 10 | | (1) The controlled substances are not outwardly | 11 | | dangerous and are not likely, of their own force, to cause | 12 | | injury to a person's life or health. | 13 | | (2) The inner container of a parcel containing | 14 | | controlled substances must be marked and sealed as | 15 | | required under this Act and its rules, and be placed in a | 16 | | plain outer container or securely wrapped in plain paper. | 17 | | (3) If the controlled substances consist of | 18 | | prescription medicines, the inner container must be | 19 | | labeled to show the name and address of the pharmacy or | 20 | | practitioner dispensing the prescription. | 21 | | (4) The outside wrapper or container must be free of | 22 | | markings that would indicate the nature of the contents. | 23 | | (l) Notwithstanding any other provision of this Act to the | 24 | | contrary, emergency medical services personnel may administer | 25 | | Schedule II, III, IV, or V controlled substances to a person in | 26 | | the scope of their employment without a written, electronic, |
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| 1 | | or oral prescription of a prescriber. | 2 | | (Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23.)". |
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