HB1879ham002 103RD GENERAL ASSEMBLY

Rep. Amy L. Grant

Filed: 4/16/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1879

2    AMENDMENT NO. ______. Amend House Bill 1879 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Controlled Substances Act is
5amended 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
8substances.
9    (a) A practitioner, in good faith, may dispense a Schedule
10II controlled substance, which is a narcotic drug listed in
11Section 206 of this Act; or which contains any quantity of
12amphetamine or methamphetamine, their salts, optical isomers
13or salts of optical isomers; phenmetrazine and its salts; or
14pentazocine; and Schedule III, IV, or V controlled substances
15to any person upon a written or electronic prescription of any
16prescriber, dated and signed by the person prescribing (or

 

 

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1electronically validated in compliance with Section 311.5) on
2the day when issued and bearing the name and address of the
3patient for whom, or the owner of the animal for which the
4controlled substance is dispensed, and the full name, address
5and registry number under the laws of the United States
6relating to controlled substances of the prescriber, if he or
7she is required by those laws to be registered. If the
8prescription is for an animal it shall state the species of
9animal for which it is ordered. The practitioner filling the
10prescription shall, unless otherwise permitted, write the date
11of filling and his or her own signature on the face of the
12written prescription or, alternatively, shall indicate such
13filling using a unique identifier as defined in paragraph (v)
14of Section 3 of the Pharmacy Practice Act. The written
15prescription shall be retained on file by the practitioner who
16filled it or pharmacy in which the prescription was filled for
17a period of 2 years, so as to be readily accessible for
18inspection or removal by any officer or employee engaged in
19the enforcement of this Act. Whenever the practitioner's or
20pharmacy's copy of any prescription is removed by an officer
21or employee engaged in the enforcement of this Act, for the
22purpose of investigation or as evidence, such officer or
23employee shall give to the practitioner or pharmacy a receipt
24in lieu thereof. If the specific prescription is machine or
25computer generated and printed at the prescriber's office, the
26date does not need to be handwritten. A prescription for a

 

 

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1Schedule II controlled substance shall not be issued for more
2than a 30 day supply, except as provided in subsection (a-5),
3and shall be valid for up to 90 days after the date of
4issuance. A written prescription for Schedule III, IV or V
5controlled substances shall not be filled or refilled more
6than 6 months after the date thereof or refilled more than 5
7times unless renewed, in writing, by the prescriber. A
8pharmacy shall maintain a policy regarding the type of
9identification necessary, if any, to receive a prescription in
10accordance with State and federal law. The pharmacy must post
11such information where prescriptions are filled.
12    (a-5) Physicians may issue multiple prescriptions (3
13sequential 30-day supplies) for the same Schedule II
14controlled substance, authorizing up to a 90-day supply.
15Before authorizing a 90-day supply of a Schedule II controlled
16substance, 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
5shall inform the patient that opioids are addictive and that
6opioid antagonists are available by prescription or from a
7pharmacy.
8    (b) In lieu of a written prescription required by this
9Section, a pharmacist, in good faith, may dispense Schedule
10III, IV, or V substances to any person either upon receiving a
11facsimile of a written, signed prescription transmitted by the
12prescriber or the prescriber's agent or upon a lawful oral
13prescription of a prescriber which oral prescription shall be
14reduced promptly to writing by the pharmacist and such written
15memorandum thereof shall be dated on the day when such oral
16prescription is received by the pharmacist and shall bear the
17full name and address of the ultimate user for whom, or of the
18owner of the animal for which the controlled substance is
19dispensed, and the full name, address, and registry number
20under the law of the United States relating to controlled
21substances of the prescriber prescribing if he or she is
22required by those laws to be so registered, and the pharmacist
23filling such oral prescription shall write the date of filling
24and his or her own signature on the face of such written
25memorandum thereof. The facsimile copy of the prescription or
26written memorandum of the oral prescription shall be retained

 

 

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1on file by the proprietor of the pharmacy in which it is filled
2for a period of not less than two years, so as to be readily
3accessible for inspection by any officer or employee engaged
4in the enforcement of this Act in the same manner as a written
5prescription. The facsimile copy of the prescription or oral
6prescription and the written memorandum thereof shall not be
7filled or refilled more than 6 months after the date thereof or
8be refilled more than 5 times, unless renewed, in writing, by
9the prescriber.
10    (c) Except for any non-prescription targeted
11methamphetamine precursor regulated by the Methamphetamine
12Precursor Control Act, a controlled substance included in
13Schedule V shall not be distributed or dispensed other than
14for a medical purpose and not for the purpose of evading this
15Act, 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
24purchaser, the name and quantity of the product, the date and
25time of the sale, and the dispenser's signature.
26    No person shall purchase or be dispensed more than 120

 

 

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1milliliters or more than 120 grams of any Schedule V substance
2which contains codeine, dihydrocodeine, or any salts thereof,
3or ethylmorphine, or any salts thereof, in any 96-hour period.
4The purchaser shall sign a form, approved by the Department of
5Financial and Professional Regulation, attesting that he or
6she has not purchased any Schedule V controlled substances
7within the immediately preceding 96 hours.
8    All records of purchases and sales shall be maintained for
9not less than 2 years.
10    No person shall obtain or attempt to obtain within any
11consecutive 96-hour period any Schedule V substances of more
12than 120 milliliters or more than 120 grams containing
13codeine, dihydrocodeine or any of its salts, or ethylmorphine
14or any of its salts. Any person obtaining any such
15preparations or combination of preparations in excess of this
16limitation shall be in unlawful possession of such controlled
17substance.
18    A person qualified to dispense controlled substances under
19this Act and registered thereunder shall at no time maintain
20or keep in stock a quantity of Schedule V controlled
21substances in excess of 4.5 liters for each substance; a
22pharmacy shall at no time maintain or keep in stock a quantity
23of Schedule V controlled substances as defined in excess of
244.5 liters for each substance, plus the additional quantity of
25controlled substances necessary to fill the largest number of
26prescription orders filled by that pharmacy for such

 

 

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1controlled substances in any one week in the previous year.
2These limitations shall not apply to Schedule V controlled
3substances which Federal law prohibits from being dispensed
4without a prescription.
5    No person shall distribute or dispense butyl nitrite for
6inhalation or other introduction into the human body for
7euphoric or physical effect.
8    (d) Every practitioner shall keep a record or log of
9controlled substances received by him or her and a record of
10all such controlled substances administered, dispensed or
11professionally used by him or her otherwise than by
12prescription. It shall, however, be sufficient compliance with
13this paragraph if any practitioner utilizing controlled
14substances listed in Schedules III, IV and V shall keep a
15record of all those substances dispensed and distributed by
16him or her other than those controlled substances which are
17administered by the direct application of a controlled
18substance, whether by injection, inhalation, ingestion, or any
19other means to the body of a patient or research subject. A
20practitioner who dispenses, other than by administering, a
21controlled substance in Schedule II, which is a narcotic drug
22listed in Section 206 of this Act, or which contains any
23quantity of amphetamine or methamphetamine, their salts,
24optical isomers or salts of optical isomers, pentazocine, or
25methaqualone shall do so only upon the issuance of a written
26prescription blank or electronic prescription issued by a

 

 

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1prescriber.
2    (d-1) Any person, other than the person for whom a
3Schedule II controlled substance is prescribed, who receives
4the prescribed Schedule II controlled substance at a pharmacy
5shall provide:
6        (1) identifying information of the person for whom the
7    controlled substance is prescribed; and
8        (2) photo identification given to the pharmacy which
9    shall keep a photo copy in the file of the person for whom
10    the controlled substance is prescribed for a period of 90
11    days.
12    (e) Whenever a manufacturer distributes a controlled
13substance in a package prepared by him or her, and whenever a
14wholesale distributor distributes a controlled substance in a
15package prepared by him or her or the manufacturer, he or she
16shall securely affix to each package in which that substance
17is contained a label showing in legible English the name and
18address of the manufacturer, the distributor and the quantity,
19kind and form of controlled substance contained therein. No
20person except a pharmacist and only for the purposes of
21filling a prescription under this Act, shall alter, deface or
22remove any label so affixed.
23    (f) Whenever a practitioner dispenses any controlled
24substance except a non-prescription Schedule V product or a
25non-prescription targeted methamphetamine precursor regulated
26by the Methamphetamine Precursor Control Act, he or she shall

 

 

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

 

 

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1in legitimate and authorized research instituted by any
2accredited hospital, educational institution, charitable
3foundation, or federal, state or local governmental agency,
4and which is intended to provide that individual with
5controlled substances sufficient to maintain that individual's
6or any other individual's physical or psychological addiction,
7habitual or customary use, dependence, or diversion of that
8controlled substance is not a prescription within the meaning
9and intent of this Act; and the person issuing it, shall be
10subject to the penalties provided for violations of the law
11relating to controlled substances.
12    (i) A prescriber shall not pre-print or cause to be
13pre-printed a prescription for any controlled substance; nor
14shall any practitioner issue, fill or cause to be issued or
15filled, a pre-printed prescription for any controlled
16substance.
17    (i-5) A prescriber may use a machine or electronic device
18to individually generate a printed prescription, but the
19prescriber is still required to affix his or her manual
20signature.
21    (j) No person shall manufacture, dispense, deliver,
22possess with intent to deliver, prescribe, or administer or
23cause to be administered under his or her direction any
24anabolic steroid, for any use in humans other than the
25treatment of disease in accordance with the order of a
26physician licensed to practice medicine in all its branches

 

 

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1for a valid medical purpose in the course of professional
2practice. The use of anabolic steroids for the purpose of
3hormonal manipulation that is intended to increase muscle
4mass, strength or weight without a medical necessity to do so,
5or for the intended purpose of improving physical appearance
6or performance in any form of exercise, sport, or game, is not
7a valid medical purpose or in the course of professional
8practice.
9    (k) Controlled substances may be mailed if all of the
10following conditions are met:
11        (1) The controlled substances are not outwardly
12    dangerous and are not likely, of their own force, to cause
13    injury to a person's life or health.
14        (2) The inner container of a parcel containing
15    controlled substances must be marked and sealed as
16    required under this Act and its rules, and be placed in a
17    plain outer container or securely wrapped in plain paper.
18        (3) If the controlled substances consist of
19    prescription medicines, the inner container must be
20    labeled to show the name and address of the pharmacy or
21    practitioner dispensing the prescription.
22        (4) The outside wrapper or container must be free of
23    markings that would indicate the nature of the contents.
24    (l) Notwithstanding any other provision of this Act to the
25contrary, emergency medical services personnel may administer
26Schedule II, III, IV, or V controlled substances to a person in

 

 

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1the scope of their employment without a written, electronic,
2or oral prescription of a prescriber.
3(Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23.)".