Full Text of SB0647 103rd General Assembly
SB0647enr 103RD GENERAL ASSEMBLY | | | SB0647 Enrolled | | LRB103 03100 RJT 48106 b |
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| 1 | | AN ACT concerning health. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Administrative Act is amended by changing Section | 6 | | 4 as follows: | 7 | | (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4) | 8 | | Sec. 4. Supervision of facilities and services; quarterly | 9 | | reports. | 10 | | (a) To exercise executive and administrative supervision | 11 | | over all facilities, divisions, programs and services now | 12 | | existing or hereafter acquired or created under the | 13 | | jurisdiction of the Department, including, but not limited to, | 14 | | the following: | 15 | | The Alton Mental Health Center, at Alton | 16 | | The Clyde L. Choate Mental Health and Developmental | 17 | | Center, at Anna | 18 | | The Chester Mental Health Center, at Chester | 19 | | The Chicago-Read Mental Health Center, at Chicago | 20 | | The Elgin Mental Health Center, at Elgin | 21 | | The Metropolitan Children and Adolescents Center, at | 22 | | Chicago | 23 | | The Jacksonville Developmental Center, at Jacksonville |
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| 1 | | The Governor Samuel H. Shapiro Developmental Center, | 2 | | at Kankakee | 3 | | The Tinley Park Mental Health Center, at Tinley Park | 4 | | The Warren G. Murray Developmental Center, at | 5 | | Centralia | 6 | | The Jack Mabley Developmental Center, at Dixon | 7 | | The Lincoln Developmental Center, at Lincoln | 8 | | The H. Douglas Singer Mental Health and Developmental | 9 | | Center, at Rockford | 10 | | The John J. Madden Mental Health Center, at Chicago | 11 | | The George A. Zeller Mental Health Center, at Peoria | 12 | | The Elizabeth Parsons Ware Packard Andrew McFarland | 13 | | Mental Health Center, at Springfield | 14 | | The Adolf Meyer Mental Health Center, at Decatur | 15 | | The William W. Fox Developmental Center, at Dwight | 16 | | The Elisabeth Ludeman Developmental Center, at Park | 17 | | Forest | 18 | | The William A. Howe Developmental Center, at Tinley | 19 | | Park | 20 | | The Ann M. Kiley Developmental Center, at Waukegan. | 21 | | (b) Beginning not later than July 1, 1977, the Department | 22 | | shall cause each of the facilities under its jurisdiction | 23 | | which provide in-patient care to comply with standards, rules | 24 | | and regulations of the Department of Public Health prescribed | 25 | | under Section 6.05 of the Hospital Licensing Act. | 26 | | (b-5) The Department shall cause each of the facilities |
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| 1 | | under its jurisdiction that provide in-patient care to comply | 2 | | with Section 6.25 of the Hospital Licensing Act. | 3 | | (c) The Department shall issue quarterly electronic | 4 | | reports to the General Assembly on admissions, deflections, | 5 | | discharges, bed closures, staff-resident ratios, census, | 6 | | average length of stay, and any adverse federal certification | 7 | | or accreditation findings, if any, for each State-operated | 8 | | facility for the mentally ill and for persons with | 9 | | developmental disabilities. The quarterly reports shall be | 10 | | issued by January 1, April 1, July 1, and October 1 of each | 11 | | year. The quarterly reports shall include the following | 12 | | information for each facility reflecting the period ending 15 | 13 | | days prior to the submission of the report: | 14 | | (1) the number of employees; | 15 | | (2) the number of workplace violence incidents that | 16 | | occurred, including the number that were a direct assault | 17 | | on employees by residents and the number that resulted | 18 | | from staff intervention in a resident altercation or other | 19 | | form of injurious behavior; | 20 | | (3) the number of employees impacted in each incident; | 21 | | and | 22 | | (4) the number of employee injuries resulting, | 23 | | descriptions of the nature of the injuries, the number of | 24 | | employee injuries requiring medical treatment at the | 25 | | facility, the number of employee injuries requiring | 26 | | outside medical treatment, and the number of days off work |
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| 1 | | per injury. | 2 | | (d) The requirements in subsection (c) do not relieve the | 3 | | Department from the recordkeeping requirements of the | 4 | | Occupational Safety and Health Act. | 5 | | (e) The Department shall: | 6 | | (1) establish a reasonable procedure for employees to | 7 | | report work-related assaults and injuries. A procedure is | 8 | | not reasonable if it would deter or discourage a | 9 | | reasonable employee from accurately reporting a workplace | 10 | | assault or injury; | 11 | | (2) inform each employee: | 12 | | (A) of the procedure for reporting work-related | 13 | | assaults and injuries; | 14 | | (B) of the right to report work-related assaults | 15 | | and injuries; and | 16 | | (C) that the Department is prohibited from | 17 | | discharging or in any manner discriminating against | 18 | | employees for reporting work-related assaults and | 19 | | injuries; and | 20 | | (3) not discharge, discipline, or in any manner | 21 | | discriminate against any employee for reporting a | 22 | | work-related assault or injury. | 23 | | (Source: P.A. 99-143, eff. 7-27-15; 100-1075, eff. 1-1-19 .) | 24 | | (405 ILCS 95/Act rep.) | 25 | | Section 10. The Perinatal Mental Health Disorders |
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| 1 | | Prevention and Treatment Act is repealed. | 2 | | Section 15. The Maternal Mental Health Conditions | 3 | | Education, Early Diagnosis, and Treatment Act is amended by | 4 | | changing Sections 5, 10, and 15 and by adding Sections 9 and 14 | 5 | | as follows: | 6 | | (405 ILCS 120/5) | 7 | | Sec. 5. Findings. The General Assembly finds the | 8 | | following: | 9 | | (1) Maternal depression is a common complication of | 10 | | pregnancy. Maternal mental health disorders encompass a | 11 | | range of mental health conditions, such as depression, | 12 | | anxiety, and postpartum psychosis. | 13 | | (2) Maternal mental health conditions affect one in 5 | 14 | | women during or after pregnancy, but all women are at risk | 15 | | of suffering from maternal mental health conditions. | 16 | | (3) Untreated maternal mental health conditions | 17 | | significantly and negatively impact the short-term and | 18 | | long-term health and well-being of affected women and | 19 | | their children. | 20 | | (4) Untreated maternal mental health conditions cause | 21 | | adverse birth outcomes, impaired maternal-infant bonding, | 22 | | poor infant growth, childhood emotional and behavioral | 23 | | problems, and significant medical and economic costs, | 24 | | estimated to be $22,500 per mother. |
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| 1 | | (5) Lack of understanding and social stigma of mental | 2 | | health conditions prevent women and families from | 3 | | understanding the signs, symptoms, and risks involved with | 4 | | maternal mental health conditions and disproportionately | 5 | | affect women who lack access to social support networks. | 6 | | (6) It is the intent of the General Assembly to raise | 7 | | awareness of the risk factors, signs, symptoms, and | 8 | | treatment options for maternal mental health conditions | 9 | | among pregnant women and their families, the general | 10 | | public, primary health care providers, and health care | 11 | | providers who care for pregnant women, postpartum women, | 12 | | and newborn infants. | 13 | | (Source: P.A. 101-512, eff. 1-1-20 .) | 14 | | (405 ILCS 120/9 new) | 15 | | Sec. 9. Intent. It is the intent of the General Assembly: | 16 | | (1) to raise awareness of the risk factors, signs, | 17 | | symptoms, and treatment options for maternal mental health | 18 | | conditions among pregnant women and their families, the | 19 | | general public, primary care providers, and health care | 20 | | providers who care for pregnant women, postpartum women, | 21 | | and newborn infants; | 22 | | (2) to provide information to women and their families | 23 | | about maternal mental health conditions in order to lower | 24 | | the likelihood that new mothers will continue to suffer | 25 | | from this illness in silence; |
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| 1 | | (3) to develop procedures for assessing women for | 2 | | maternal mental health conditions during prenatal and | 3 | | postnatal visits to licensed health care professionals; | 4 | | and | 5 | | (4) to promote early detection of maternal mental | 6 | | health conditions to promote early care and treatment and, | 7 | | when medically appropriate, to avoid medication. | 8 | | (405 ILCS 120/10) | 9 | | Sec. 10. Definitions. In this Act: | 10 | | "Birthing hospital" means a hospital that has an approved | 11 | | obstetric category of service and licensed beds by the Health | 12 | | Facilities and Services Review Board. | 13 | | "Department" means the Department of Human Services. | 14 | | "Licensed health care professional" means a physician | 15 | | licensed to practice medicine in all its branches, a licensed | 16 | | advanced practice registered nurse, or a licensed physician | 17 | | assistant. | 18 | | "Maternal mental health condition" means a mental health | 19 | | condition that occurs during pregnancy or during the | 20 | | postpartum period and includes, but is not limited to, | 21 | | postpartum depression. | 22 | | "Postnatal care" means an office visit to a licensed | 23 | | health care professional occurring within 12 months after | 24 | | birth, with reference to the infant or mother. | 25 | | "Prenatal care" means an office visit to a licensed health |
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| 1 | | care professional for pregnancy-related care occurring before | 2 | | the birth. | 3 | | "Questionnaire" means an assessment tool administered by a | 4 | | licensed health care professional to detect maternal mental | 5 | | health conditions, such as the Edinburgh Postnatal Depression | 6 | | Scale, the Postpartum Depression Screening Scale, the Beck | 7 | | Depression Inventory, the Patient Health Questionnaire, or | 8 | | other validated assessment methods. | 9 | | (Source: P.A. 101-512, eff. 1-1-20 .) | 10 | | (405 ILCS 120/14 new) | 11 | | Sec. 14. Maternal mental health conditions prevention and | 12 | | treatment. The Department of Human Services, in conjunction | 13 | | with the Department of Healthcare and Family Services, the | 14 | | Department of Public Health, and the Department of Financial | 15 | | and Professional Regulation, shall work with birthing | 16 | | hospitals and licensed health care professionals in this State | 17 | | to develop policies, procedures, information, and educational | 18 | | materials to meet each of the following requirements | 19 | | concerning maternal mental health conditions: | 20 | | (1) Licensed health care professionals providing | 21 | | prenatal care to women shall provide education to women | 22 | | and, if possible and with permission, to their families | 23 | | about maternal mental health conditions in accordance with | 24 | | the formal opinions and recommendations of the American | 25 | | College of Obstetricians and Gynecologists. |
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| 1 | | (2) Upon the Department of Human Services providing | 2 | | written information to birthing hospitals, all birthing | 3 | | hospitals shall provide new mothers, prior to discharge | 4 | | following childbirth, and, if possible, shall provide | 5 | | fathers and other family members with complete information | 6 | | about maternal mental health conditions, including their | 7 | | symptoms, methods of coping with the illness, treatment | 8 | | resources, post-hospital treatment options, and community | 9 | | resources. Hospitals shall supplement the resources | 10 | | provided by the Department to include relevant resources | 11 | | offered by the hospital, in the region, or community in | 12 | | which the birthing hospital is located, if available. | 13 | | Resources may be provided in an electronic format such as | 14 | | website links or QR Codes. | 15 | | (3) Licensed health care professionals providing | 16 | | prenatal care at a prenatal visit shall invite each | 17 | | pregnant patient to complete a questionnaire and shall | 18 | | review the completed questionnaire in accordance with the | 19 | | formal opinions and recommendations of the American | 20 | | College of Obstetricians and Gynecologists. Assessment for | 21 | | maternal mental health conditions must be repeated when, | 22 | | in the professional judgment of the licensed health care | 23 | | professional, a reasonable possibility exists that the | 24 | | woman suffers from a maternal mental health condition. | 25 | | (4) Licensed health care professionals providing | 26 | | postnatal care to women shall invite each patient to |
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| 1 | | complete a questionnaire and shall review the completed | 2 | | questionnaire in accordance with the formal opinions and | 3 | | recommendations of the American College of Obstetricians | 4 | | and Gynecologists. | 5 | | (5) Licensed health care professionals providing | 6 | | pediatric care to an infant shall invite the infant's | 7 | | mother to complete a questionnaire at any well-baby | 8 | | check-up at which the mother is present prior to the | 9 | | infant's first birthday, and shall review the completed | 10 | | questionnaire in accordance with the formal opinions and | 11 | | recommendations of the American College of Obstetricians | 12 | | and Gynecologists, in order to ensure that the health and | 13 | | well-being of the infant are not compromised by an | 14 | | undiagnosed maternal mental health condition in the | 15 | | mother. In order to share results from an assessment with | 16 | | the mother's primary licensed health care professional, | 17 | | consent should be obtained from the mother in accordance | 18 | | with the Illinois Health Insurance Portability and | 19 | | Accountability Act. If the mother is determined to present | 20 | | an acute danger to herself or someone else, consent is not | 21 | | required. | 22 | | (405 ILCS 120/15) | 23 | | Sec. 15. Educational materials about maternal mental | 24 | | health conditions. The Department , in conjunction with the | 25 | | Department of Healthcare and Family Services, the Department |
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| 1 | | of Public Health, and the Department of Financial and | 2 | | Professional Regulation, shall develop educational materials | 3 | | for health care professionals and patients about maternal | 4 | | mental health conditions. Health care professionals or | 5 | | organizations representing health care professionals with | 6 | | expertise in the treatment of maternal mental health | 7 | | conditions shall be consulted in the development of the | 8 | | educational materials. A birthing hospital shall, on or before | 9 | | January 1, 2026 2021 , distribute these materials to employees | 10 | | regularly assigned to work with pregnant or postpartum women | 11 | | and incorporate these materials in any employee training that | 12 | | is related to patient care of pregnant or postpartum women. A | 13 | | birthing hospital shall supplement the materials provided by | 14 | | the Department to include relevant resources to the region or | 15 | | community in which the birthing hospital is located. The | 16 | | educational materials developed under this Section shall | 17 | | include all of the following: | 18 | | (1) Information for postpartum women and families | 19 | | about maternal mental health conditions, post-hospital | 20 | | treatment options, and community resources. | 21 | | (1) (2) Information for hospital employees regularly | 22 | | assigned to work in the perinatal unit, including, as | 23 | | appropriate, registered nurses and social workers, about | 24 | | maternal mental health conditions. | 25 | | (2) (3) Any other service the birthing hospital | 26 | | determines should be included in the program to provide |
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| 1 | | optimal patient care. | 2 | | (Source: P.A. 101-512, eff. 1-1-20 .) | 3 | | Section 20. The Illinois Controlled Substances Act is | 4 | | amended by changing Sections 100, 102, 201, 203, 205, 207, | 5 | | 208, 209, 210, 211, 216, 312, 313, 318, 320, 410, 411.2, 413, | 6 | | 504, 508, and 509 as follows: | 7 | | (720 ILCS 570/100) (from Ch. 56 1/2, par. 1100) | 8 | | Sec. 100. Legislative intent. It is the intent of the | 9 | | General Assembly, recognizing the rising incidence in the | 10 | | misuse abuse of drugs and other dangerous substances and its | 11 | | resultant damage to the peace, health, and welfare of the | 12 | | citizens of Illinois, to provide a system of control over the | 13 | | distribution and use of controlled substances which will more | 14 | | effectively: (1) limit access of such substances only to those | 15 | | persons who have demonstrated an appropriate sense of | 16 | | responsibility and have a lawful and legitimate reason to | 17 | | possess them; (2) deter the unlawful and destructive misuse | 18 | | abuse of controlled substances; (3) penalize most heavily the | 19 | | illicit traffickers or profiteers of controlled substances, | 20 | | who propagate and perpetuate the misuse abuse of such | 21 | | substances with reckless disregard for its consumptive | 22 | | consequences upon every element of society; (4) acknowledge | 23 | | the functional and consequential differences between the | 24 | | various types of controlled substances and provide for |
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| 1 | | correspondingly different degrees of control over each of the | 2 | | various types; (5) unify where feasible and codify the efforts | 3 | | of this State to conform with the regulatory systems of the | 4 | | Federal government; and (6) provide law enforcement | 5 | | authorities with the necessary resources to make this system | 6 | | efficacious. | 7 | | It is not the intent of the General Assembly to treat the | 8 | | unlawful user or occasional petty distributor of controlled | 9 | | substances with the same severity as the large-scale, unlawful | 10 | | purveyors and traffickers of controlled substances. However, | 11 | | it is recognized that persons who violate this Act with | 12 | | respect to the manufacture, delivery, possession with intent | 13 | | to deliver, or possession of more than one type of controlled | 14 | | substance listed herein may accordingly receive multiple | 15 | | convictions and sentences under each Section of this Act. To | 16 | | this end, guidelines have been provided, along with a wide | 17 | | latitude in sentencing discretion, to enable the sentencing | 18 | | court to order penalties in each case which are appropriate | 19 | | for the purposes of this Act. | 20 | | (Source: P.A. 97-334, eff. 1-1-12.) | 21 | | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 22 | | Sec. 102. Definitions. As used in this Act, unless the | 23 | | context otherwise requires: | 24 | | (a) " Person with a substance use disorder Addict " means | 25 | | any person who has a substance use disorder diagnosis defined |
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| 1 | | as a spectrum of persistent and recurring problematic behavior | 2 | | that encompasses 10 separate classes of drugs: alcohol; | 3 | | caffeine; cannabis; hallucinogens; inhalants; opioids; | 4 | | sedatives, hypnotics and anxiolytics; stimulants; and tobacco; | 5 | | and other unknown substances leading to clinically significant | 6 | | impairment or distress habitually uses any drug, chemical, | 7 | | substance or dangerous drug other than alcohol so as to | 8 | | endanger the public morals, health, safety or welfare or who | 9 | | is so far addicted to the use of a dangerous drug or controlled | 10 | | substance other than alcohol as to have lost the power of self | 11 | | control with reference to his or her addiction . | 12 | | (b) "Administer" means the direct application of a | 13 | | controlled substance, whether by injection, inhalation, | 14 | | ingestion, or any other means, to the body of a patient, | 15 | | research subject, or animal (as defined by the Humane | 16 | | Euthanasia in Animal Shelters Act) by: | 17 | | (1) a practitioner (or, in his or her presence, by his | 18 | | or her authorized agent), | 19 | | (2) the patient or research subject pursuant to an | 20 | | order, or | 21 | | (3) a euthanasia technician as defined by the Humane | 22 | | Euthanasia in Animal Shelters Act. | 23 | | (c) "Agent" means an authorized person who acts on behalf | 24 | | of or at the direction of a manufacturer, distributor, | 25 | | dispenser, prescriber, or practitioner. It does not include a | 26 | | common or contract carrier, public warehouseman or employee of |
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| 1 | | the carrier or warehouseman. | 2 | | (c-1) "Anabolic Steroids" means any drug or hormonal | 3 | | substance, chemically and pharmacologically related to | 4 | | testosterone (other than estrogens, progestins, | 5 | | corticosteroids, and dehydroepiandrosterone), and includes: | 6 | | (i) 3[beta],17-dihydroxy-5a-androstane, | 7 | | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | 8 | | (iii) 5[alpha]-androstan-3,17-dione, | 9 | | (iv) 1-androstenediol (3[beta], | 10 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 11 | | (v) 1-androstenediol (3[alpha], | 12 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 13 | | (vi) 4-androstenediol | 14 | | (3[beta],17[beta]-dihydroxy-androst-4-ene), | 15 | | (vii) 5-androstenediol | 16 | | (3[beta],17[beta]-dihydroxy-androst-5-ene), | 17 | | (viii) 1-androstenedione | 18 | | ([5alpha]-androst-1-en-3,17-dione), | 19 | | (ix) 4-androstenedione | 20 | | (androst-4-en-3,17-dione), | 21 | | (x) 5-androstenedione | 22 | | (androst-5-en-3,17-dione), | 23 | | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | 24 | | hydroxyandrost-4-en-3-one), | 25 | | (xii) boldenone (17[beta]-hydroxyandrost- | 26 | | 1,4,-diene-3-one), |
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| 1 | | (xiii) boldione (androsta-1,4- | 2 | | diene-3,17-dione), | 3 | | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | 4 | | [beta]-hydroxyandrost-4-en-3-one), | 5 | | (xv) clostebol (4-chloro-17[beta]- | 6 | | hydroxyandrost-4-en-3-one), | 7 | | (xvi) dehydrochloromethyltestosterone (4-chloro- | 8 | | 17[beta]-hydroxy-17[alpha]-methyl- | 9 | | androst-1,4-dien-3-one), | 10 | | (xvii) desoxymethyltestosterone | 11 | | (17[alpha]-methyl-5[alpha] | 12 | | -androst-2-en-17[beta]-ol)(a.k.a., madol), | 13 | | (xviii) [delta]1-dihydrotestosterone (a.k.a. | 14 | | '1-testosterone') (17[beta]-hydroxy- | 15 | | 5[alpha]-androst-1-en-3-one), | 16 | | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | 17 | | androstan-3-one), | 18 | | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | 19 | | 5[alpha]-androstan-3-one), | 20 | | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | 21 | | hydroxyestr-4-ene), | 22 | | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | 23 | | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | 24 | | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | 25 | | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | 26 | | (xxiv) furazabol (17[alpha]-methyl-17[beta]- |
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| 1 | | hydroxyandrostano[2,3-c]-furazan), | 2 | | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, | 3 | | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | 4 | | androst-4-en-3-one), | 5 | | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | 6 | | dihydroxy-estr-4-en-3-one), | 7 | | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | 8 | | hydroxy-5-androstan-3-one), | 9 | | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | 10 | | [5a]-androstan-3-one), | 11 | | (xxx) methandienone (17[alpha]-methyl-17[beta]- | 12 | | hydroxyandrost-1,4-dien-3-one), | 13 | | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | 14 | | dihydroxyandrost-5-ene), | 15 | | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | 16 | | 5[alpha]-androst-1-en-3-one), | 17 | | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | 18 | | dihydroxy-5a-androstane, | 19 | | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | 20 | | -5a-androstane, | 21 | | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | 22 | | dihydroxyandrost-4-ene), | 23 | | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | 24 | | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | 25 | | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | 26 | | hydroxyestra-4,9(10)-dien-3-one), |
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| 1 | | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | 2 | | hydroxyestra-4,9-11-trien-3-one), | 3 | | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | 4 | | hydroxyandrost-4-en-3-one), | 5 | | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | 6 | | hydroxyestr-4-en-3-one), | 7 | | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | 8 | | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | 9 | | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | 10 | | 1-testosterone'), | 11 | | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | 12 | | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | 13 | | dihydroxyestr-4-ene), | 14 | | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | 15 | | dihydroxyestr-4-ene), | 16 | | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | 17 | | dihydroxyestr-5-ene), | 18 | | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | 19 | | dihydroxyestr-5-ene), | 20 | | (xlvii) 19-nor-4,9(10)-androstadienedione | 21 | | (estra-4,9(10)-diene-3,17-dione), | 22 | | (xlviii) 19-nor-4-androstenedione (estr-4- | 23 | | en-3,17-dione), | 24 | | (xlix) 19-nor-5-androstenedione (estr-5- | 25 | | en-3,17-dione), | 26 | | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- |
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| 1 | | hydroxygon-4-en-3-one), | 2 | | (li) norclostebol (4-chloro-17[beta]- | 3 | | hydroxyestr-4-en-3-one), | 4 | | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | 5 | | hydroxyestr-4-en-3-one), | 6 | | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | 7 | | hydroxyestr-4-en-3-one), | 8 | | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | 9 | | 2-oxa-5[alpha]-androstan-3-one), | 10 | | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | 11 | | dihydroxyandrost-4-en-3-one), | 12 | | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | 13 | | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | 14 | | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | 15 | | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | 16 | | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | 17 | | (5[alpha]-androst-1-en-3-one), | 18 | | (lix) testolactone (13-hydroxy-3-oxo-13,17- | 19 | | secoandrosta-1,4-dien-17-oic | 20 | | acid lactone), | 21 | | (lx) testosterone (17[beta]-hydroxyandrost- | 22 | | 4-en-3-one), | 23 | | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | 24 | | diethyl-17[beta]-hydroxygon- | 25 | | 4,9,11-trien-3-one), | 26 | | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, |
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| 1 | | 11-trien-3-one). | 2 | | Any person who is otherwise lawfully in possession of an | 3 | | anabolic steroid, or who otherwise lawfully manufactures, | 4 | | distributes, dispenses, delivers, or possesses with intent to | 5 | | deliver an anabolic steroid, which anabolic steroid is | 6 | | expressly intended for and lawfully allowed to be administered | 7 | | through implants to livestock or other nonhuman species, and | 8 | | which is approved by the Secretary of Health and Human | 9 | | Services for such administration, and which the person intends | 10 | | to administer or have administered through such implants, | 11 | | shall not be considered to be in unauthorized possession or to | 12 | | unlawfully manufacture, distribute, dispense, deliver, or | 13 | | possess with intent to deliver such anabolic steroid for | 14 | | purposes of this Act. | 15 | | (d) "Administration" means the Drug Enforcement | 16 | | Administration, United States Department of Justice, or its | 17 | | successor agency. | 18 | | (d-5) "Clinical Director, Prescription Monitoring Program" | 19 | | means a Department of Human Services administrative employee | 20 | | licensed to either prescribe or dispense controlled substances | 21 | | who shall run the clinical aspects of the Department of Human | 22 | | Services Prescription Monitoring Program and its Prescription | 23 | | Information Library. | 24 | | (d-10) "Compounding" means the preparation and mixing of | 25 | | components, excluding flavorings, (1) as the result of a | 26 | | prescriber's prescription drug order or initiative based on |
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| 1 | | the prescriber-patient-pharmacist relationship in the course | 2 | | of professional practice or (2) for the purpose of, or | 3 | | incident to, research, teaching, or chemical analysis and not | 4 | | for sale or dispensing. "Compounding" includes the preparation | 5 | | of drugs or devices in anticipation of receiving prescription | 6 | | drug orders based on routine, regularly observed dispensing | 7 | | patterns. Commercially available products may be compounded | 8 | | for dispensing to individual patients only if both of the | 9 | | following conditions are met: (i) the commercial product is | 10 | | not reasonably available from normal distribution channels in | 11 | | a timely manner to meet the patient's needs and (ii) the | 12 | | prescribing practitioner has requested that the drug be | 13 | | compounded. | 14 | | (e) "Control" means to add a drug or other substance, or | 15 | | immediate precursor, to a Schedule whether by transfer from | 16 | | another Schedule or otherwise. | 17 | | (f) "Controlled Substance" means (i) a drug, substance, | 18 | | immediate precursor, or synthetic drug in the Schedules of | 19 | | Article II of this Act or (ii) a drug or other substance, or | 20 | | immediate precursor, designated as a controlled substance by | 21 | | the Department through administrative rule. The term does not | 22 | | include distilled spirits, wine, malt beverages, or tobacco, | 23 | | as those terms are defined or used in the Liquor Control Act of | 24 | | 1934 and the Tobacco Products Tax Act of 1995. | 25 | | (f-5) "Controlled substance analog" means a substance: | 26 | | (1) the chemical structure of which is substantially |
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| 1 | | similar to the chemical structure of a controlled | 2 | | substance in Schedule I or II; | 3 | | (2) which has a stimulant, depressant, or | 4 | | hallucinogenic effect on the central nervous system that | 5 | | is substantially similar to or greater than the stimulant, | 6 | | depressant, or hallucinogenic effect on the central | 7 | | nervous system of a controlled substance in Schedule I or | 8 | | II; or | 9 | | (3) with respect to a particular person, which such | 10 | | person represents or intends to have a stimulant, | 11 | | depressant, or hallucinogenic effect on the central | 12 | | nervous system that is substantially similar to or greater | 13 | | than the stimulant, depressant, or hallucinogenic effect | 14 | | on the central nervous system of a controlled substance in | 15 | | Schedule I or II. | 16 | | (g) "Counterfeit substance" means a controlled substance, | 17 | | which, or the container or labeling of which, without | 18 | | authorization bears the trademark, trade name, or other | 19 | | identifying mark, imprint, number or device, or any likeness | 20 | | thereof, of a manufacturer, distributor, or dispenser other | 21 | | than the person who in fact manufactured, distributed, or | 22 | | dispensed the substance. | 23 | | (h) "Deliver" or "delivery" means the actual, constructive | 24 | | or attempted transfer of possession of a controlled substance, | 25 | | with or without consideration, whether or not there is an | 26 | | agency relationship. "Deliver" or "delivery" does not include |
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| 1 | | the donation of drugs to the extent permitted under the | 2 | | Illinois Drug Reuse Opportunity Program Act. | 3 | | (i) "Department" means the Illinois Department of Human | 4 | | Services (as successor to the Department of Alcoholism and | 5 | | Substance Abuse) or its successor agency. | 6 | | (j) (Blank). | 7 | | (k) "Department of Corrections" means the Department of | 8 | | Corrections of the State of Illinois or its successor agency. | 9 | | (l) "Department of Financial and Professional Regulation" | 10 | | means the Department of Financial and Professional Regulation | 11 | | of the State of Illinois or its successor agency. | 12 | | (m) "Depressant" means any drug that (i) causes an overall | 13 | | depression of central nervous system functions, (ii) causes | 14 | | impaired consciousness and awareness, and (iii) can be | 15 | | habit-forming or lead to a substance misuse or substance use | 16 | | disorder abuse problem , including, but not limited to, | 17 | | alcohol, cannabis and its active principles and their analogs, | 18 | | benzodiazepines and their analogs, barbiturates and their | 19 | | analogs, opioids (natural and synthetic) and their analogs, | 20 | | and chloral hydrate and similar sedative hypnotics. | 21 | | (n) (Blank). | 22 | | (o) "Director" means the Director of the Illinois State | 23 | | Police or his or her designated agents. | 24 | | (p) "Dispense" means to deliver a controlled substance to | 25 | | an ultimate user or research subject by or pursuant to the | 26 | | lawful order of a prescriber, including the prescribing, |
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| 1 | | administering, packaging, labeling, or compounding necessary | 2 | | to prepare the substance for that delivery. | 3 | | (q) "Dispenser" means a practitioner who dispenses. | 4 | | (r) "Distribute" means to deliver, other than by | 5 | | administering or dispensing, a controlled substance. | 6 | | (s) "Distributor" means a person who distributes. | 7 | | (t) "Drug" means (1) substances recognized as drugs in the | 8 | | official United States Pharmacopoeia, Official Homeopathic | 9 | | Pharmacopoeia of the United States, or official National | 10 | | Formulary, or any supplement to any of them; (2) substances | 11 | | intended for use in diagnosis, cure, mitigation, treatment, or | 12 | | prevention of disease in man or animals; (3) substances (other | 13 | | than food) intended to affect the structure of any function of | 14 | | the body of man or animals and (4) substances intended for use | 15 | | as a component of any article specified in clause (1), (2), or | 16 | | (3) of this subsection. It does not include devices or their | 17 | | components, parts, or accessories. | 18 | | (t-3) "Electronic health record" or "EHR" means an | 19 | | electronic record of health-related information on an | 20 | | individual that is created, gathered, managed, and consulted | 21 | | by authorized health care clinicians and staff. | 22 | | (t-3.5) "Electronic health record system" or "EHR system" | 23 | | means any computer-based system or combination of federally | 24 | | certified Health IT Modules (defined at 42 CFR 170.102 or its | 25 | | successor) used as a repository for electronic health records | 26 | | and accessed or updated by a prescriber or authorized |
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| 1 | | surrogate in the ordinary course of his or her medical | 2 | | practice. For purposes of connecting to the Prescription | 3 | | Information Library maintained by the Bureau of Pharmacy and | 4 | | Clinical Support Systems or its successor, an EHR system may | 5 | | connect to the Prescription Information Library directly or | 6 | | through all or part of a computer program or system that is a | 7 | | federally certified Health IT Module maintained by a third | 8 | | party and used by the EHR system to secure access to the | 9 | | database. | 10 | | (t-4) "Emergency medical services personnel" has the | 11 | | meaning ascribed to it in the Emergency Medical Services (EMS) | 12 | | Systems Act. | 13 | | (t-5) "Euthanasia agency" means an entity certified by the | 14 | | Department of Financial and Professional Regulation for the | 15 | | purpose of animal euthanasia that holds an animal control | 16 | | facility license or animal shelter license under the Animal | 17 | | Welfare Act. A euthanasia agency is authorized to purchase, | 18 | | store, possess, and utilize Schedule II nonnarcotic and | 19 | | Schedule III nonnarcotic drugs for the sole purpose of animal | 20 | | euthanasia. | 21 | | (t-10) "Euthanasia drugs" means Schedule II or Schedule | 22 | | III substances (nonnarcotic controlled substances) that are | 23 | | used by a euthanasia agency for the purpose of animal | 24 | | euthanasia. | 25 | | (u) "Good faith" means the prescribing or dispensing of a | 26 | | controlled substance by a practitioner in the regular course |
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| 1 | | of professional treatment to or for any person who is under his | 2 | | or her treatment for a pathology or condition other than that | 3 | | individual's physical or psychological dependence upon or | 4 | | addiction to a controlled substance, except as provided | 5 | | herein: and application of the term to a pharmacist shall mean | 6 | | the dispensing of a controlled substance pursuant to the | 7 | | prescriber's order which in the professional judgment of the | 8 | | pharmacist is lawful. The pharmacist shall be guided by | 9 | | accepted professional standards, including, but not limited | 10 | | to, the following, in making the judgment: | 11 | | (1) lack of consistency of prescriber-patient | 12 | | relationship, | 13 | | (2) frequency of prescriptions for same drug by one | 14 | | prescriber for large numbers of patients, | 15 | | (3) quantities beyond those normally prescribed, | 16 | | (4) unusual dosages (recognizing that there may be | 17 | | clinical circumstances where more or less than the usual | 18 | | dose may be used legitimately), | 19 | | (5) unusual geographic distances between patient, | 20 | | pharmacist and prescriber, | 21 | | (6) consistent prescribing of habit-forming drugs. | 22 | | (u-0.5) "Hallucinogen" means a drug that causes markedly | 23 | | altered sensory perception leading to hallucinations of any | 24 | | type. | 25 | | (u-1) "Home infusion services" means services provided by | 26 | | a pharmacy in compounding solutions for direct administration |
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| 1 | | to a patient in a private residence, long-term care facility, | 2 | | or hospice setting by means of parenteral, intravenous, | 3 | | intramuscular, subcutaneous, or intraspinal infusion. | 4 | | (u-5) "Illinois State Police" means the Illinois State | 5 | | Police or its successor agency. | 6 | | (v) "Immediate precursor" means a substance: | 7 | | (1) which the Department has found to be and by rule | 8 | | designated as being a principal compound used, or produced | 9 | | primarily for use, in the manufacture of a controlled | 10 | | substance; | 11 | | (2) which is an immediate chemical intermediary used | 12 | | or likely to be used in the manufacture of such controlled | 13 | | substance; and | 14 | | (3) the control of which is necessary to prevent, | 15 | | curtail or limit the manufacture of such controlled | 16 | | substance. | 17 | | (w) "Instructional activities" means the acts of teaching, | 18 | | educating or instructing by practitioners using controlled | 19 | | substances within educational facilities approved by the State | 20 | | Board of Education or its successor agency. | 21 | | (x) "Local authorities" means a duly organized State, | 22 | | County or Municipal peace unit or police force. | 23 | | (y) "Look-alike substance" means a substance, other than a | 24 | | controlled substance which (1) by overall dosage unit | 25 | | appearance, including shape, color, size, markings or lack | 26 | | thereof, taste, consistency, or any other identifying physical |
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| 1 | | characteristic of the substance, would lead a reasonable | 2 | | person to believe that the substance is a controlled | 3 | | substance, or (2) is expressly or impliedly represented to be | 4 | | a controlled substance or is distributed under circumstances | 5 | | which would lead a reasonable person to believe that the | 6 | | substance is a controlled substance. For the purpose of | 7 | | determining whether the representations made or the | 8 | | circumstances of the distribution would lead a reasonable | 9 | | person to believe the substance to be a controlled substance | 10 | | under this clause (2) of subsection (y), the court or other | 11 | | authority may consider the following factors in addition to | 12 | | any other factor that may be relevant: | 13 | | (a) statements made by the owner or person in control | 14 | | of the substance concerning its nature, use or effect; | 15 | | (b) statements made to the buyer or recipient that the | 16 | | substance may be resold for profit; | 17 | | (c) whether the substance is packaged in a manner | 18 | | normally used for the illegal distribution of controlled | 19 | | substances; | 20 | | (d) whether the distribution or attempted distribution | 21 | | included an exchange of or demand for money or other | 22 | | property as consideration, and whether the amount of the | 23 | | consideration was substantially greater than the | 24 | | reasonable retail market value of the substance. | 25 | | Clause (1) of this subsection (y) shall not apply to a | 26 | | noncontrolled substance in its finished dosage form that was |
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| 1 | | initially introduced into commerce prior to the initial | 2 | | introduction into commerce of a controlled substance in its | 3 | | finished dosage form which it may substantially resemble. | 4 | | Nothing in this subsection (y) prohibits the dispensing or | 5 | | distributing of noncontrolled substances by persons authorized | 6 | | to dispense and distribute controlled substances under this | 7 | | Act, provided that such action would be deemed to be carried | 8 | | out in good faith under subsection (u) if the substances | 9 | | involved were controlled substances. | 10 | | Nothing in this subsection (y) or in this Act prohibits | 11 | | the manufacture, preparation, propagation, compounding, | 12 | | processing, packaging, advertising or distribution of a drug | 13 | | or drugs by any person registered pursuant to Section 510 of | 14 | | the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). | 15 | | (y-1) "Mail-order pharmacy" means a pharmacy that is | 16 | | located in a state of the United States that delivers, | 17 | | dispenses or distributes, through the United States Postal | 18 | | Service or other common carrier, to Illinois residents, any | 19 | | substance which requires a prescription. | 20 | | (z) "Manufacture" means the production, preparation, | 21 | | propagation, compounding, conversion or processing of a | 22 | | controlled substance other than methamphetamine, either | 23 | | directly or indirectly, by extraction from substances of | 24 | | natural origin, or independently by means of chemical | 25 | | synthesis, or by a combination of extraction and chemical | 26 | | synthesis, and includes any packaging or repackaging of the |
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| 1 | | substance or labeling of its container, except that this term | 2 | | does not include: | 3 | | (1) by an ultimate user, the preparation or | 4 | | compounding of a controlled substance for his or her own | 5 | | use; | 6 | | (2) by a practitioner, or his or her authorized agent | 7 | | under his or her supervision, the preparation, | 8 | | compounding, packaging, or labeling of a controlled | 9 | | substance: | 10 | | (a) as an incident to his or her administering or | 11 | | dispensing of a controlled substance in the course of | 12 | | his or her professional practice; or | 13 | | (b) as an incident to lawful research, teaching or | 14 | | chemical analysis and not for sale; or | 15 | | (3) the packaging, repackaging, or labeling of drugs | 16 | | only to the extent permitted under the Illinois Drug Reuse | 17 | | Opportunity Program Act. | 18 | | (z-1) (Blank). | 19 | | (z-5) "Medication shopping" means the conduct prohibited | 20 | | under subsection (a) of Section 314.5 of this Act. | 21 | | (z-10) "Mid-level practitioner" means (i) a physician | 22 | | assistant who has been delegated authority to prescribe | 23 | | through a written delegation of authority by a physician | 24 | | licensed to practice medicine in all of its branches, in | 25 | | accordance with Section 7.5 of the Physician Assistant | 26 | | Practice Act of 1987, (ii) an advanced practice registered |
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| 1 | | nurse who has been delegated authority to prescribe through a | 2 | | written delegation of authority by a physician licensed to | 3 | | practice medicine in all of its branches or by a podiatric | 4 | | physician, in accordance with Section 65-40 of the Nurse | 5 | | Practice Act, (iii) an advanced practice registered nurse | 6 | | certified as a nurse practitioner, nurse midwife, or clinical | 7 | | nurse specialist who has been granted authority to prescribe | 8 | | by a hospital affiliate in accordance with Section 65-45 of | 9 | | the Nurse Practice Act, (iv) an animal euthanasia agency, or | 10 | | (v) a prescribing psychologist. | 11 | | (aa) "Narcotic drug" means any of the following, whether | 12 | | produced directly or indirectly by extraction from substances | 13 | | of vegetable origin, or independently by means of chemical | 14 | | synthesis, or by a combination of extraction and chemical | 15 | | synthesis: | 16 | | (1) opium, opiates, derivatives of opium and opiates, | 17 | | including their isomers, esters, ethers, salts, and salts | 18 | | of isomers, esters, and ethers, whenever the existence of | 19 | | such isomers, esters, ethers, and salts is possible within | 20 | | the specific chemical designation; however the term | 21 | | "narcotic drug" does not include the isoquinoline | 22 | | alkaloids of opium; | 23 | | (2) (blank); | 24 | | (3) opium poppy and poppy straw; | 25 | | (4) coca leaves, except coca leaves and extracts of | 26 | | coca leaves from which substantially all of the cocaine |
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| 1 | | and ecgonine, and their isomers, derivatives and salts, | 2 | | have been removed; | 3 | | (5) cocaine, its salts, optical and geometric isomers, | 4 | | and salts of isomers; | 5 | | (6) ecgonine, its derivatives, their salts, isomers, | 6 | | and salts of isomers; | 7 | | (7) any compound, mixture, or preparation which | 8 | | contains any quantity of any of the substances referred to | 9 | | in subparagraphs (1) through (6). | 10 | | (bb) "Nurse" means a registered nurse licensed under the | 11 | | Nurse Practice Act. | 12 | | (cc) (Blank). | 13 | | (dd) "Opiate" means a drug derived from or related to | 14 | | opium any substance having an addiction forming or addiction | 15 | | sustaining liability similar to morphine or being capable of | 16 | | conversion into a drug having addiction forming or addiction | 17 | | sustaining liability . | 18 | | (ee) "Opium poppy" means the plant of the species Papaver | 19 | | somniferum L., except its seeds. | 20 | | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | 21 | | solution or other liquid form of medication intended for | 22 | | administration by mouth, but the term does not include a form | 23 | | of medication intended for buccal, sublingual, or transmucosal | 24 | | administration. | 25 | | (ff) "Parole and Pardon Board" means the Parole and Pardon | 26 | | Board of the State of Illinois or its successor agency. |
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| 1 | | (gg) "Person" means any individual, corporation, | 2 | | mail-order pharmacy, government or governmental subdivision or | 3 | | agency, business trust, estate, trust, partnership or | 4 | | association, or any other entity. | 5 | | (hh) "Pharmacist" means any person who holds a license or | 6 | | certificate of registration as a registered pharmacist, a | 7 | | local registered pharmacist or a registered assistant | 8 | | pharmacist under the Pharmacy Practice Act. | 9 | | (ii) "Pharmacy" means any store, ship or other place in | 10 | | which pharmacy is authorized to be practiced under the | 11 | | Pharmacy Practice Act. | 12 | | (ii-5) "Pharmacy shopping" means the conduct prohibited | 13 | | under subsection (b) of Section 314.5 of this Act. | 14 | | (ii-10) "Physician" (except when the context otherwise | 15 | | requires) means a person licensed to practice medicine in all | 16 | | of its branches. | 17 | | (jj) "Poppy straw" means all parts, except the seeds, of | 18 | | the opium poppy, after mowing. | 19 | | (kk) "Practitioner" means a physician licensed to practice | 20 | | medicine in all its branches, dentist, optometrist, podiatric | 21 | | physician, veterinarian, scientific investigator, pharmacist, | 22 | | physician assistant, advanced practice registered nurse, | 23 | | licensed practical nurse, registered nurse, emergency medical | 24 | | services personnel, hospital, laboratory, or pharmacy, or | 25 | | other person licensed, registered, or otherwise lawfully | 26 | | permitted by the United States or this State to distribute, |
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| 1 | | dispense, conduct research with respect to, administer or use | 2 | | in teaching or chemical analysis, a controlled substance in | 3 | | the course of professional practice or research. | 4 | | (ll) "Pre-printed prescription" means a written | 5 | | prescription upon which the designated drug has been indicated | 6 | | prior to the time of issuance; the term does not mean a written | 7 | | prescription that is individually generated by machine or | 8 | | computer in the prescriber's office. | 9 | | (mm) "Prescriber" means a physician licensed to practice | 10 | | medicine in all its branches, dentist, optometrist, | 11 | | prescribing psychologist licensed under Section 4.2 of the | 12 | | Clinical Psychologist Licensing Act with prescriptive | 13 | | authority delegated under Section 4.3 of the Clinical | 14 | | Psychologist Licensing Act, podiatric physician, or | 15 | | veterinarian who issues a prescription, a physician assistant | 16 | | who issues a prescription for a controlled substance in | 17 | | accordance with Section 303.05, a written delegation, and a | 18 | | written collaborative agreement required under Section 7.5 of | 19 | | the Physician Assistant Practice Act of 1987, an advanced | 20 | | practice registered nurse with prescriptive authority | 21 | | delegated under Section 65-40 of the Nurse Practice Act and in | 22 | | accordance with Section 303.05, a written delegation, and a | 23 | | written collaborative agreement under Section 65-35 of the | 24 | | Nurse Practice Act, an advanced practice registered nurse | 25 | | certified as a nurse practitioner, nurse midwife, or clinical | 26 | | nurse specialist who has been granted authority to prescribe |
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| 1 | | by a hospital affiliate in accordance with Section 65-45 of | 2 | | the Nurse Practice Act and in accordance with Section 303.05, | 3 | | or an advanced practice registered nurse certified as a nurse | 4 | | practitioner, nurse midwife, or clinical nurse specialist who | 5 | | has full practice authority pursuant to Section 65-43 of the | 6 | | Nurse Practice Act. | 7 | | (nn) "Prescription" means a written, facsimile, or oral | 8 | | order, or an electronic order that complies with applicable | 9 | | federal requirements, of a physician licensed to practice | 10 | | medicine in all its branches, dentist, podiatric physician or | 11 | | veterinarian for any controlled substance, of an optometrist | 12 | | in accordance with Section 15.1 of the Illinois Optometric | 13 | | Practice Act of 1987, of a prescribing psychologist licensed | 14 | | under Section 4.2 of the Clinical Psychologist Licensing Act | 15 | | with prescriptive authority delegated under Section 4.3 of the | 16 | | Clinical Psychologist Licensing Act, of a physician assistant | 17 | | for a controlled substance in accordance with Section 303.05, | 18 | | a written delegation, and a written collaborative agreement | 19 | | required under Section 7.5 of the Physician Assistant Practice | 20 | | Act of 1987, of an advanced practice registered nurse with | 21 | | prescriptive authority delegated under Section 65-40 of the | 22 | | Nurse Practice Act who issues a prescription for a controlled | 23 | | substance in accordance with Section 303.05, a written | 24 | | delegation, and a written collaborative agreement under | 25 | | Section 65-35 of the Nurse Practice Act, of an advanced | 26 | | practice registered nurse certified as a nurse practitioner, |
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| 1 | | nurse midwife, or clinical nurse specialist who has been | 2 | | granted authority to prescribe by a hospital affiliate in | 3 | | accordance with Section 65-45 of the Nurse Practice Act and in | 4 | | accordance with Section 303.05 when required by law, or of an | 5 | | advanced practice registered nurse certified as a nurse | 6 | | practitioner, nurse midwife, or clinical nurse specialist who | 7 | | has full practice authority pursuant to Section 65-43 of the | 8 | | Nurse Practice Act. | 9 | | (nn-5) "Prescription Information Library" (PIL) means an | 10 | | electronic library that contains reported controlled substance | 11 | | data. | 12 | | (nn-10) "Prescription Monitoring Program" (PMP) means the | 13 | | entity that collects, tracks, and stores reported data on | 14 | | controlled substances and select drugs pursuant to Section | 15 | | 316. | 16 | | (oo) "Production" or "produce" means manufacture, | 17 | | planting, cultivating, growing, or harvesting of a controlled | 18 | | substance other than methamphetamine. | 19 | | (pp) "Registrant" means every person who is required to | 20 | | register under Section 302 of this Act. | 21 | | (qq) "Registry number" means the number assigned to each | 22 | | person authorized to handle controlled substances under the | 23 | | laws of the United States and of this State. | 24 | | (qq-5) "Secretary" means, as the context requires, either | 25 | | the Secretary of the Department or the Secretary of the | 26 | | Department of Financial and Professional Regulation, and the |
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| 1 | | Secretary's designated agents. | 2 | | (rr) "State" includes the State of Illinois and any state, | 3 | | district, commonwealth, territory, insular possession thereof, | 4 | | and any area subject to the legal authority of the United | 5 | | States of America. | 6 | | (rr-5) "Stimulant" means any drug that (i) causes an | 7 | | overall excitation of central nervous system functions, (ii) | 8 | | causes impaired consciousness and awareness, and (iii) can be | 9 | | habit-forming or lead to a substance use disorder abuse | 10 | | problem , including, but not limited to, amphetamines and their | 11 | | analogs, methylphenidate and its analogs, cocaine, and | 12 | | phencyclidine and its analogs. | 13 | | (rr-10) "Synthetic drug" includes, but is not limited to, | 14 | | any synthetic cannabinoids or piperazines or any synthetic | 15 | | cathinones as provided for in Schedule I. | 16 | | (ss) "Ultimate user" means a person who lawfully possesses | 17 | | a controlled substance for his or her own use or for the use of | 18 | | a member of his or her household or for administering to an | 19 | | animal owned by him or her or by a member of his or her | 20 | | household. | 21 | | (Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22; | 22 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) | 23 | | (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201) | 24 | | Sec. 201. (a) The Department shall carry out the | 25 | | provisions of this Article. The Department or its successor |
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| 1 | | agency may, by administrative rule, add additional substances | 2 | | to or delete or reschedule all controlled substances in the | 3 | | Schedules of Sections 204, 206, 208, 210 and 212 of this Act. | 4 | | In making a determination regarding the addition, deletion, or | 5 | | rescheduling of a substance, the Department shall consider the | 6 | | following: | 7 | | (1) the actual or relative potential for misuse abuse ; | 8 | | (2) the scientific evidence of its pharmacological | 9 | | effect, if known; | 10 | | (3) the state of current scientific knowledge | 11 | | regarding the substance; | 12 | | (4) the history and current pattern of misuse abuse ; | 13 | | (5) the scope, duration, and significance of misuse | 14 | | abuse ; | 15 | | (6) the risk to the public health; | 16 | | (7) the potential of the substance to produce | 17 | | psychological or physiological dependence or a substance | 18 | | use disorder ; | 19 | | (8) whether the substance is an immediate precursor of | 20 | | a substance already controlled under this Article; | 21 | | (9) the immediate harmful effect in terms of | 22 | | potentially fatal dosage; and | 23 | | (10) the long-range effects in terms of permanent | 24 | | health impairment. | 25 | | (b) (Blank). | 26 | | (c) (Blank). |
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| 1 | | (d) If any substance is scheduled, rescheduled, or deleted | 2 | | as a controlled substance under Federal law and notice thereof | 3 | | is given to the Department, the Department shall similarly | 4 | | control the substance under this Act after the expiration of | 5 | | 30 days from publication in the Federal Register of a final | 6 | | order scheduling a substance as a controlled substance or | 7 | | rescheduling or deleting a substance, unless within that 30 | 8 | | day period the Department objects, or a party adversely | 9 | | affected files with the Department substantial written | 10 | | objections objecting to inclusion, rescheduling, or deletion. | 11 | | In that case, the Department shall publish the reasons for | 12 | | objection or the substantial written objections and afford all | 13 | | interested parties an opportunity to be heard. At the | 14 | | conclusion of the hearing, the Department shall publish its | 15 | | decision, by means of a rule, which shall be final unless | 16 | | altered by statute. Upon publication of objections by the | 17 | | Department, similar control under this Act whether by | 18 | | inclusion, rescheduling or deletion is stayed until the | 19 | | Department publishes its ruling. | 20 | | (e) (Blank). | 21 | | (f) (Blank). | 22 | | (g) Authority to control under this Section does not | 23 | | extend to distilled spirits, wine, malt beverages, or tobacco | 24 | | as those terms are defined or used in the Liquor Control Act of | 25 | | 1934 and the Tobacco Products Tax Act of 1995. | 26 | | (h) Persons registered with the Drug Enforcement |
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| 1 | | Administration to manufacture or distribute controlled | 2 | | substances shall maintain adequate security and provide | 3 | | effective controls and procedures to guard against theft and | 4 | | diversion, but shall not otherwise be required to meet the | 5 | | physical security control requirements (such as cage or vault) | 6 | | for Schedule V controlled substances containing | 7 | | pseudoephedrine or Schedule II controlled substances | 8 | | containing dextromethorphan. | 9 | | (Source: P.A. 97-334, eff. 1-1-12; 98-756, eff. 7-16-14.) | 10 | | (720 ILCS 570/203) (from Ch. 56 1/2, par. 1203) | 11 | | Sec. 203. The Department, taking into consideration the | 12 | | recommendations of its Prescription Monitoring Program | 13 | | Advisory Committee, may issue a rule scheduling a substance in | 14 | | Schedule I if it finds that: | 15 | | (1) the substance has high potential for misuse abuse ; | 16 | | and | 17 | | (2) the substance has no currently accepted medical | 18 | | use in treatment in the United States or lacks accepted | 19 | | safety for use in treatment under medical supervision. | 20 | | (Source: P.A. 97-334, eff. 1-1-12.) | 21 | | (720 ILCS 570/205) (from Ch. 56 1/2, par. 1205) | 22 | | Sec. 205. The Department, taking into consideration the | 23 | | recommendations of its Prescription Monitoring Program | 24 | | Advisory Committee, may issue a rule scheduling a substance in |
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| 1 | | Schedule II if it finds that: | 2 | | (1) the substance has high potential for misuse abuse ; | 3 | | (2) the substance has currently accepted medical use | 4 | | in treatment in the United States, or currently accepted | 5 | | medical use with severe restrictions; and | 6 | | (3) the misuse abuse of the substance may lead to | 7 | | severe psychological or physiological dependence. | 8 | | (Source: P.A. 97-334, eff. 1-1-12.) | 9 | | (720 ILCS 570/207) (from Ch. 56 1/2, par. 1207) | 10 | | Sec. 207. The Department, taking into consideration the | 11 | | recommendations of its Prescription Monitoring Program | 12 | | Advisory Committee, may issue a rule scheduling a substance in | 13 | | Schedule III if it finds that: | 14 | | (1) the substance has a potential for misuse abuse | 15 | | less than the substances listed in Schedule I and II; | 16 | | (2) the substance has currently accepted medical use | 17 | | in treatment in the United States; and | 18 | | (3) misuse abuse of the substance may lead to moderate | 19 | | or low physiological dependence or high psychological | 20 | | dependence. | 21 | | (Source: P.A. 97-334, eff. 1-1-12.) | 22 | | (720 ILCS 570/208) (from Ch. 56 1/2, par. 1208) | 23 | | Sec. 208. (a) The controlled substances listed in this | 24 | | Section are included in Schedule III. |
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| 1 | | (b) Unless specifically excepted or unless listed in | 2 | | another schedule, any material, compound, mixture, or | 3 | | preparation which contains any quantity of the following | 4 | | substances having a stimulant effect on the central nervous | 5 | | system, including its salts, isomers (whether optical | 6 | | position, or geometric), and salts of such isomers whenever | 7 | | the existence of such salts, isomers, and salts of isomers is | 8 | | possible within the specific chemical designation; | 9 | | (1) Those compounds, mixtures, or preparations in | 10 | | dosage unit form containing any stimulant substances | 11 | | listed in Schedule II which compounds, mixtures, or | 12 | | preparations were listed on August 25, 1971, as excepted | 13 | | compounds under Title 21, Code of Federal Regulations, | 14 | | Section 308.32, and any other drug of the quantitative | 15 | | composition shown in that list for those drugs or which is | 16 | | the same except that it contains a lesser quantity of | 17 | | controlled substances; | 18 | | (2) Benzphetamine; | 19 | | (3) Chlorphentermine; | 20 | | (4) Clortermine; | 21 | | (5) Phendimetrazine. | 22 | | (c) Unless specifically excepted or unless listed in | 23 | | another schedule, any material, compound, mixture, or | 24 | | preparation which contains any quantity of the following | 25 | | substances having a potential for misuse abuse associated with | 26 | | a depressant effect on the central nervous system: |
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| 1 | | (1) Any compound, mixture, or preparation containing | 2 | | amobarbital, secobarbital, pentobarbital or any salt | 3 | | thereof and one or more other active medicinal ingredients | 4 | | which are not listed in any schedule; | 5 | | (2) Any suppository dosage form containing | 6 | | amobarbital, secobarbital, pentobarbital or any salt of | 7 | | any of these drugs and approved by the Federal Food and | 8 | | Drug Administration for marketing only as a suppository; | 9 | | (3) Any substance which contains any quantity of a | 10 | | derivative of barbituric acid, or any salt thereof: | 11 | | (3.1) Aprobarbital; | 12 | | (3.2) Butabarbital (secbutabarbital); | 13 | | (3.3) Butalbital; | 14 | | (3.4) Butobarbital (butethal); | 15 | | (4) Chlorhexadol; | 16 | | (5) Methyprylon; | 17 | | (6) Sulfondiethylmethane; | 18 | | (7) Sulfonethylmethane; | 19 | | (8) Sulfonmethane; | 20 | | (9) Lysergic acid; | 21 | | (10) Lysergic acid amide; | 22 | | (10.1) Tiletamine or zolazepam or both, or any salt of | 23 | | either of them. | 24 | | Some trade or other names for a tiletamine-zolazepam
| 25 | | combination product: Telazol.
| 26 | | Some trade or other names for Tiletamine:
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| 1 | | 2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
| 2 | | Some trade or other names for zolazepam:
| 3 | | 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
| 4 | | [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon. | 5 | | (11) Any material, compound, mixture or preparation | 6 | | containing not more than 12.5 milligrams of pentazocine or | 7 | | any of its salts, per 325 milligrams of aspirin; | 8 | | (12) Any material, compound, mixture or preparation | 9 | | containing not more than 12.5 milligrams of pentazocine or | 10 | | any of its salts, per 325 milligrams of acetaminophen; | 11 | | (13) Any material, compound, mixture or preparation | 12 | | containing not more than 50 milligrams of pentazocine or | 13 | | any of its salts plus naloxone HCl USP 0.5 milligrams, per | 14 | | dosage unit; | 15 | | (14) Ketamine; | 16 | | (15) Thiopental. | 17 | | (d) Nalorphine. | 18 | | (d.5) Buprenorphine. | 19 | | (e) Unless specifically excepted or unless listed in | 20 | | another schedule, any material, compound, mixture, or | 21 | | preparation containing limited quantities of any of the | 22 | | following narcotic drugs, or their salts calculated as the | 23 | | free anhydrous base or alkaloid, as set forth below: | 24 | | (1) not more than 1.8 grams of codeine per 100 | 25 | | milliliters or not more than 90 milligrams per dosage | 26 | | unit, with an equal or greater quantity of an isoquinoline |
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| 1 | | alkaloid of opium; | 2 | | (2) not more than 1.8 grams of codeine per 100 | 3 | | milliliters or not more than 90 milligrams per dosage | 4 | | unit, with one or more active non-narcotic ingredients in | 5 | | recognized therapeutic amounts; | 6 | | (3) (blank); | 7 | | (4) (blank); | 8 | | (5) not more than 1.8 grams of dihydrocodeine per 100 | 9 | | milliliters or not more than 90 milligrams per dosage | 10 | | unit, with one or more active, non-narcotic ingredients in | 11 | | recognized therapeutic amounts; | 12 | | (6) not more than 300 milligrams of ethylmorphine per | 13 | | 100 milliliters or not more than 15 milligrams per dosage | 14 | | unit, with one or more active, non-narcotic ingredients in | 15 | | recognized therapeutic amounts; | 16 | | (7) not more than 500 milligrams of opium per 100 | 17 | | milliliters or per 100 grams, or not more than 25 | 18 | | milligrams per dosage unit, with one or more active, | 19 | | non-narcotic ingredients in recognized therapeutic | 20 | | amounts; | 21 | | (8) not more than 50 milligrams of morphine per 100 | 22 | | milliliters or per 100 grams with one or more active, | 23 | | non-narcotic ingredients in recognized therapeutic | 24 | | amounts. | 25 | | (f) Anabolic steroids, except the following anabolic | 26 | | steroids that are exempt: |
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| 1 | | (1) Androgyn L.A.; | 2 | | (2) Andro-Estro 90-4; | 3 | | (3) depANDROGYN; | 4 | | (4) DEPO-T.E.; | 5 | | (5) depTESTROGEN; | 6 | | (6) Duomone; | 7 | | (7) DURATESTRIN; | 8 | | (8) DUO-SPAN II; | 9 | | (9) Estratest; | 10 | | (10) Estratest H.S.; | 11 | | (11) PAN ESTRA TEST; | 12 | | (12) Premarin with Methyltestosterone; | 13 | | (13) TEST-ESTRO Cypionates; | 14 | | (14) Testosterone Cyp 50 Estradiol Cyp 2; | 15 | | (15) Testosterone Cypionate-Estradiol Cypionate | 16 | | injection; and | 17 | | (16) Testosterone Enanthate-Estradiol Valerate | 18 | | injection. | 19 | | (g) Hallucinogenic substances. | 20 | | (1) Dronabinol (synthetic) in sesame oil and | 21 | | encapsulated in a soft gelatin capsule in a U.S. Food and | 22 | | Drug Administration approved product. Some other names for | 23 | | dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro- | 24 | | 6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or | 25 | | (-)-delta-9-(trans)-tetrahydrocannabinol. | 26 | | (2) (Reserved). |
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| 1 | | (h) The Department may except by rule any compound, | 2 | | mixture, or preparation containing any stimulant or depressant | 3 | | substance listed in subsection (b) from the application of all | 4 | | or any part of this Act if the compound, mixture, or | 5 | | preparation contains one or more active medicinal ingredients | 6 | | not having a stimulant or depressant effect on the central | 7 | | nervous system, and if the admixtures are included therein in | 8 | | combinations, quantity, proportion, or concentration that | 9 | | vitiate the potential for misuse abuse of the substances which | 10 | | have a stimulant or depressant effect on the central nervous | 11 | | system. | 12 | | (Source: P.A. 100-368, eff. 1-1-18 .) | 13 | | (720 ILCS 570/209) (from Ch. 56 1/2, par. 1209) | 14 | | Sec. 209. The Department, taking into consideration the | 15 | | recommendations of its Prescription Monitoring Program | 16 | | Advisory Committee, may issue a rule scheduling a substance in | 17 | | Schedule IV if it finds that: | 18 | | (1) the substance has a low potential for misuse abuse | 19 | | relative to substances in Schedule III; | 20 | | (2) the substance has currently accepted medical use | 21 | | in treatment in the United States; and | 22 | | (3) misuse abuse of the substance may lead to limited | 23 | | physiological dependence or psychological dependence | 24 | | relative to the substances in Schedule III. | 25 | | (Source: P.A. 97-334, eff. 1-1-12.) |
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| 1 | | (720 ILCS 570/210) (from Ch. 56 1/2, par. 1210) | 2 | | Sec. 210. (a) The controlled substances listed in this | 3 | | Section are included in Schedule IV. | 4 | | (b) Unless specifically excepted or unless listed in | 5 | | another schedule, any material, compound, mixture, or | 6 | | preparation containing limited quantities of any of the | 7 | | following narcotic drugs, or their salts calculated as the | 8 | | free anhydrous base or alkaloid, as set forth below: | 9 | | (1) Not more than 1 milligram of difenoxin (DEA Drug | 10 | | Code No. 9618) and not less than 25 micrograms of atropine | 11 | | sulfate per dosage unit. | 12 | | (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1, | 13 | | 2-diphenyl-3-methyl-2-propionoxybutane). | 14 | | (c) Unless specifically excepted or unless listed in | 15 | | another schedule, any material, compound, mixture, or | 16 | | preparation which contains any quantity of the following | 17 | | substances having a potential for misuse abuse associated with | 18 | | a depressant effect on the central nervous system: | 19 | | (1) Alprazolam; | 20 | | (2) Barbital; | 21 | | (2.1) Bromazepam; | 22 | | (2.2) Camazepam; | 23 | | (2.3) Carisoprodol; | 24 | | (3) Chloral Betaine; | 25 | | (4) Chloral Hydrate; |
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| 1 | | (5) Chlordiazepoxide; | 2 | | (5.1) Clobazam; | 3 | | (6) Clonazepam; | 4 | | (7) Clorazepate; | 5 | | (7.1) Clotiazepam; | 6 | | (7.2) Cloxazolam; | 7 | | (7.3) Delorazepam; | 8 | | (8) Diazepam; | 9 | | (8.05) Dichloralphenazone; | 10 | | (8.1) Estazolam; | 11 | | (9) Ethchlorvynol; | 12 | | (10) Ethinamate; | 13 | | (10.1) Ethyl loflazepate; | 14 | | (10.2) Fludiazepam; | 15 | | (10.3) Flunitrazepam; | 16 | | (11) Flurazepam; | 17 | | (11.1) Fospropofol; | 18 | | (12) Halazepam; | 19 | | (12.1) Haloxazolam; | 20 | | (12.2) Ketazolam; | 21 | | (12.3) Loprazolam; | 22 | | (13) Lorazepam; | 23 | | (13.1) Lormetazepam; | 24 | | (14) Mebutamate; | 25 | | (14.1) Medazepam; | 26 | | (15) Meprobamate; |
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| 1 | | (16) Methohexital; | 2 | | (17) Methylphenobarbital (Mephobarbital); | 3 | | (17.1) Midazolam; | 4 | | (17.2) Nimetazepam; | 5 | | (17.3) Nitrazepam; | 6 | | (17.4) Nordiazepam; | 7 | | (18) Oxazepam; | 8 | | (18.1) Oxazolam; | 9 | | (19) Paraldehyde; | 10 | | (20) Petrichloral; | 11 | | (21) Phenobarbital; | 12 | | (21.1) Pinazepam; | 13 | | (22) Prazepam; | 14 | | (22.1) Quazepam; | 15 | | (23) Temazepam; | 16 | | (23.1) Tetrazepam; | 17 | | (23.2) Tramadol; | 18 | | (24) Triazolam; | 19 | | (24.5) Zaleplon; | 20 | | (25) Zolpidem; | 21 | | (26) Zopiclone. | 22 | | (d) Any material, compound, mixture, or preparation which | 23 | | contains any quantity of the following substances, including | 24 | | its salts, isomers (whether optical, position, or geometric), | 25 | | and salts of such isomers, whenever the existence of such | 26 | | salts, isomers and salts of isomers is possible: |
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| 1 | | (1) Fenfluramine. | 2 | | (e) Unless specifically excepted or unless listed in | 3 | | another schedule any material, compound, mixture, or | 4 | | preparation which contains any quantity of the following | 5 | | substances having a stimulant effect on the central nervous | 6 | | system, including its salts, isomers (whether optical, | 7 | | position or geometric), and salts of such isomers whenever the | 8 | | existence of such salts, isomers, and salts of isomers is | 9 | | possible within the specific chemical designation: | 10 | | (1) Cathine ((+)-norpseudoephedrine); | 11 | | (1.1) Diethylpropion; | 12 | | (1.2) Fencamfamin; | 13 | | (1.3) Fenproporex; | 14 | | (2) Mazindol; | 15 | | (2.1) Mefenorex; | 16 | | (3) Phentermine; | 17 | | (4) Pemoline (including organometallic complexes and | 18 | | chelates thereof); | 19 | | (5) Pipradrol; | 20 | | (6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane); | 21 | | (7) Modafinil; | 22 | | (8) Sibutramine. | 23 | | (f) Other Substances. Unless specifically excepted or | 24 | | unless listed in another schedule, any material, compound, | 25 | | mixture, or preparation that contains any quantity of the | 26 | | following substance, including its salts: |
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| 1 | | (1) Butorphanol (including its optical isomers). | 2 | | (g) The Department may except by rule any compound, | 3 | | mixture, or preparation containing any depressant substance | 4 | | listed in subsection (b) from the application of all or any | 5 | | part of this Act if the compound, mixture, or preparation | 6 | | contains one or more active medicinal ingredients not having a | 7 | | depressant effect on the central nervous system, and if the | 8 | | admixtures are included therein in combinations, quantity, | 9 | | proportion, or concentration that vitiate the potential for | 10 | | misuse abuse of the substances which have a depressant effect | 11 | | on the central nervous system. | 12 | | (h) Except as otherwise provided in Section 216, any | 13 | | material, compound, mixture, or preparation that contains any | 14 | | quantity of the following substance having a stimulant effect | 15 | | on the central nervous system, including its salts, | 16 | | enantiomers (optical isomers) and salts of enantiomers | 17 | | (optical isomers): | 18 | | (1) Ephedrine, its salts, optical isomers and salts of | 19 | | optical isomers. | 20 | | (Source: P.A. 97-334, eff. 1-1-12.) | 21 | | (720 ILCS 570/211) (from Ch. 56 1/2, par. 1211) | 22 | | Sec. 211. The Department, taking into consideration the | 23 | | recommendations of its Prescription Monitoring Program | 24 | | Advisory Committee, may issue a rule scheduling a substance in | 25 | | Schedule V if it finds that: |
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| 1 | | (1) the substance has low potential for misuse abuse | 2 | | relative to the controlled substances listed in Schedule | 3 | | IV; | 4 | | (2) the substance has currently accepted medical use | 5 | | in treatment in the United States; and | 6 | | (3) misuse abuse of the substance may lead to limited | 7 | | physiological dependence or psychological dependence | 8 | | relative to the substances in Schedule IV, or the | 9 | | substance is a targeted methamphetamine precursor as | 10 | | defined in the Methamphetamine Precursor Control Act. | 11 | | (Source: P.A. 97-334, eff. 1-1-12.) | 12 | | (720 ILCS 570/216) | 13 | | Sec. 216. Ephedrine. | 14 | | (a) The following drug products containing ephedrine, its | 15 | | salts, optical isomers and salts of optical isomers shall be | 16 | | exempt from the application of Sections 312 and 313 of this Act | 17 | | if they: (i) may lawfully be sold over-the-counter without a | 18 | | prescription under the Federal Food, Drug, and Cosmetic Act; | 19 | | (ii) are labeled and marketed in a manner consistent with | 20 | | Section 341.76 of Title 21 of the Code of Federal Regulations; | 21 | | (iii) are manufactured and distributed for legitimate | 22 | | medicinal use in a manner that reduces or eliminates the | 23 | | likelihood of abuse; and (iv) are not marketed, advertised, or | 24 | | labeled for the indications of stimulation, mental alertness, | 25 | | weight loss, muscle enhancement, appetite control, or energy: |
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| 1 | | (1) Solid oral dosage forms, including soft gelatin | 2 | | caplets, which are formulated pursuant to 21 CFR 341 or | 3 | | its successor, and packaged in blister packs of not more | 4 | | than 2 tablets per blister. | 5 | | (2) Anorectal preparations containing not more than 5% | 6 | | ephedrine. | 7 | | (b) The marketing, advertising, or labeling of any product | 8 | | containing ephedrine, a salt of ephedrine, an optical isomer | 9 | | of ephedrine, or a salt of an optical isomer of ephedrine, for | 10 | | the indications of stimulation, mental alertness, weight loss, | 11 | | appetite control, or energy, is prohibited. In determining | 12 | | compliance with this requirement the Department may consider | 13 | | the following factors: | 14 | | (1) The packaging of the drug product; | 15 | | (2) The name and labeling of the product; | 16 | | (3) The manner of distribution, advertising, and | 17 | | promotion of the product; | 18 | | (4) Verbal representations made concerning the | 19 | | product; | 20 | | (5) The duration, scope, and significance of abuse or | 21 | | misuse of the particular product. | 22 | | (c) A violation of this Section is a Class A misdemeanor. A | 23 | | second or subsequent violation of this Section is a Class 4 | 24 | | felony. | 25 | | (d) This Section does not apply to dietary supplements, | 26 | | herbs, or other natural products, including concentrates or |
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| 1 | | extracts, which: | 2 | | (1) are not otherwise prohibited by law; and | 3 | | (2) may contain naturally occurring ephedrine, | 4 | | ephedrine alkaloids, or pseudoephedrine, or their salts, | 5 | | isomers, or salts of isomers, or a combination of these | 6 | | substances, that: | 7 | | (i) are contained in a matrix of organic material; | 8 | | and | 9 | | (ii) do not exceed 15% of the total weight of the | 10 | | natural product. | 11 | | (e) Nothing in this Section limits the scope or terms of | 12 | | the Methamphetamine Precursor Control Act. | 13 | | (Source: P.A. 94-694, eff. 1-15-06.) | 14 | | (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312) | 15 | | Sec. 312. Requirements for dispensing controlled | 16 | | substances. | 17 | | (a) A practitioner, in good faith, may dispense a Schedule | 18 | | II controlled substance, which is a narcotic drug listed in | 19 | | Section 206 of this Act; or which contains any quantity of | 20 | | amphetamine or methamphetamine, their salts, optical isomers | 21 | | or salts of optical isomers; phenmetrazine and its salts; or | 22 | | pentazocine; and Schedule III, IV, or V controlled substances | 23 | | to any person upon a written or electronic prescription of any | 24 | | prescriber, dated and signed by the person prescribing (or | 25 | | electronically validated in compliance with Section 311.5) on |
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| 1 | | the day when issued and bearing the name and address of the | 2 | | patient for whom, or the owner of the animal for which the | 3 | | controlled substance is dispensed, and the full name, address | 4 | | and registry number under the laws of the United States | 5 | | relating to controlled substances of the prescriber, if he or | 6 | | she is required by those laws to be registered. If the | 7 | | prescription is for an animal it shall state the species of | 8 | | animal for which it is ordered. The practitioner filling the | 9 | | prescription shall, unless otherwise permitted, write the date | 10 | | of filling and his or her own signature on the face of the | 11 | | written prescription or, alternatively, shall indicate such | 12 | | filling using a unique identifier as defined in paragraph (v) | 13 | | of Section 3 of the Pharmacy Practice Act. The written | 14 | | prescription shall be retained on file by the practitioner who | 15 | | filled it or pharmacy in which the prescription was filled for | 16 | | a period of 2 years, so as to be readily accessible for | 17 | | inspection or removal by any officer or employee engaged in | 18 | | the enforcement of this Act. Whenever the practitioner's or | 19 | | pharmacy's copy of any prescription is removed by an officer | 20 | | or employee engaged in the enforcement of this Act, for the | 21 | | purpose of investigation or as evidence, such officer or | 22 | | employee shall give to the practitioner or pharmacy a receipt | 23 | | in lieu thereof. If the specific prescription is machine or | 24 | | computer generated and printed at the prescriber's office, the | 25 | | date does not need to be handwritten. A prescription for a | 26 | | Schedule II controlled substance shall not be issued for more |
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| 1 | | than a 30 day supply, except as provided in subsection (a-5), | 2 | | and shall be valid for up to 90 days after the date of | 3 | | issuance. A written prescription for Schedule III, IV or V | 4 | | controlled substances shall not be filled or refilled more | 5 | | than 6 months after the date thereof or refilled more than 5 | 6 | | times unless renewed, in writing, by the prescriber. A | 7 | | pharmacy shall maintain a policy regarding the type of | 8 | | identification necessary, if any, to receive a prescription in | 9 | | accordance with State and federal law. The pharmacy must post | 10 | | such information where prescriptions are filled. | 11 | | (a-5) Physicians may issue multiple prescriptions (3 | 12 | | sequential 30-day supplies) for the same Schedule II | 13 | | controlled substance, authorizing up to a 90-day supply. | 14 | | Before authorizing a 90-day supply of a Schedule II controlled | 15 | | substance, the physician must meet the following conditions: | 16 | | (1) Each separate prescription must be issued for a | 17 | | legitimate medical purpose by an individual physician | 18 | | acting in the usual course of professional practice. | 19 | | (2) The individual physician must provide written | 20 | | instructions on each prescription (other than the first | 21 | | prescription, if the prescribing physician intends for the | 22 | | prescription to be filled immediately) indicating the | 23 | | earliest date on which a pharmacy may fill that | 24 | | prescription. | 25 | | (3) The physician shall document in the medical record | 26 | | of a patient the medical necessity for the amount and |
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| 1 | | duration of the 3 sequential 30-day prescriptions for | 2 | | Schedule II narcotics. | 3 | | (a-10) Prescribers who issue a prescription for an opioid | 4 | | shall inform the patient that opioids are addictive and that | 5 | | opioid antagonists are available by prescription or from a | 6 | | pharmacy. | 7 | | (b) In lieu of a written prescription required by this | 8 | | Section, a pharmacist, in good faith, may dispense Schedule | 9 | | III, IV, or V substances to any person either upon receiving a | 10 | | facsimile of a written, signed prescription transmitted by the | 11 | | prescriber or the prescriber's agent or upon a lawful oral | 12 | | prescription of a prescriber which oral prescription shall be | 13 | | reduced promptly to writing by the pharmacist and such written | 14 | | memorandum thereof shall be dated on the day when such oral | 15 | | prescription is received by the pharmacist and shall bear the | 16 | | full name and address of the ultimate user for whom, or of the | 17 | | owner of the animal for which the controlled substance is | 18 | | dispensed, and the full name, address, and registry number | 19 | | under the law of the United States relating to controlled | 20 | | substances of the prescriber prescribing if he or she is | 21 | | required by those laws to be so registered, and the pharmacist | 22 | | filling such oral prescription shall write the date of filling | 23 | | and his or her own signature on the face of such written | 24 | | memorandum thereof. The facsimile copy of the prescription or | 25 | | written memorandum of the oral prescription shall be retained | 26 | | on file by the proprietor of the pharmacy in which it is filled |
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| 1 | | for a period of not less than two years, so as to be readily | 2 | | accessible for inspection by any officer or employee engaged | 3 | | in the enforcement of this Act in the same manner as a written | 4 | | prescription. The facsimile copy of the prescription or oral | 5 | | prescription and the written memorandum thereof shall not be | 6 | | filled or refilled more than 6 months after the date thereof or | 7 | | be refilled more than 5 times, unless renewed, in writing, by | 8 | | the prescriber. | 9 | | (c) Except for any non-prescription targeted | 10 | | methamphetamine precursor regulated by the Methamphetamine | 11 | | Precursor Control Act, a controlled substance included in | 12 | | Schedule V shall not be distributed or dispensed other than | 13 | | for a medical purpose and not for the purpose of evading this | 14 | | Act, and then: | 15 | | (1) only personally by a person registered to dispense | 16 | | a Schedule V controlled substance and then only to his or | 17 | | her patients, or | 18 | | (2) only personally by a pharmacist, and then only to | 19 | | a person over 21 years of age who has identified himself or | 20 | | herself to the pharmacist by means of 2 positive documents | 21 | | of identification. | 22 | | The dispenser shall record the name and address of the | 23 | | purchaser, the name and quantity of the product, the date and | 24 | | time of the sale, and the dispenser's signature. | 25 | | No person shall purchase or be dispensed more than 120 | 26 | | milliliters or more than 120 grams of any Schedule V substance |
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| 1 | | which contains codeine, dihydrocodeine, or any salts thereof, | 2 | | or ethylmorphine, or any salts thereof, in any 96-hour period. | 3 | | The purchaser shall sign a form, approved by the Department of | 4 | | Financial and Professional Regulation, attesting that he or | 5 | | she has not purchased any Schedule V controlled substances | 6 | | within the immediately preceding 96 hours. | 7 | | All records of purchases and sales shall be maintained for | 8 | | not less than 2 years. | 9 | | No person shall obtain or attempt to obtain within any | 10 | | consecutive 96-hour period any Schedule V substances of more | 11 | | than 120 milliliters or more than 120 grams containing | 12 | | codeine, dihydrocodeine or any of its salts, or ethylmorphine | 13 | | or any of its salts. Any person obtaining any such | 14 | | preparations or combination of preparations in excess of this | 15 | | limitation shall be in unlawful possession of such controlled | 16 | | substance. | 17 | | A person qualified to dispense controlled substances under | 18 | | this Act and registered thereunder shall at no time maintain | 19 | | or keep in stock a quantity of Schedule V controlled | 20 | | substances in excess of 4.5 liters for each substance; a | 21 | | pharmacy shall at no time maintain or keep in stock a quantity | 22 | | of Schedule V controlled substances as defined in excess of | 23 | | 4.5 liters for each substance, plus the additional quantity of | 24 | | controlled substances necessary to fill the largest number of | 25 | | prescription orders filled by that pharmacy for such | 26 | | controlled substances in any one week in the previous year. |
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| 1 | | These limitations shall not apply to Schedule V controlled | 2 | | substances which Federal law prohibits from being dispensed | 3 | | without a prescription. | 4 | | No person shall distribute or dispense butyl nitrite for | 5 | | inhalation or other introduction into the human body for | 6 | | euphoric or physical effect. | 7 | | (d) Every practitioner shall keep a record or log of | 8 | | controlled substances received by him or her and a record of | 9 | | all such controlled substances administered, dispensed or | 10 | | professionally used by him or her otherwise than by | 11 | | prescription. It shall, however, be sufficient compliance with | 12 | | this paragraph if any practitioner utilizing controlled | 13 | | substances listed in Schedules III, IV and V shall keep a | 14 | | record of all those substances dispensed and distributed by | 15 | | him or her other than those controlled substances which are | 16 | | administered by the direct application of a controlled | 17 | | substance, whether by injection, inhalation, ingestion, or any | 18 | | other means to the body of a patient or research subject. A | 19 | | practitioner who dispenses, other than by administering, a | 20 | | controlled substance in Schedule II, which is a narcotic drug | 21 | | listed in Section 206 of this Act, or which contains any | 22 | | quantity of amphetamine or methamphetamine, their salts, | 23 | | optical isomers or salts of optical isomers, pentazocine, or | 24 | | methaqualone shall do so only upon the issuance of a written | 25 | | prescription blank or electronic prescription issued by a | 26 | | prescriber. |
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| 1 | | (e) Whenever a manufacturer distributes a controlled | 2 | | substance in a package prepared by him or her, and whenever a | 3 | | wholesale distributor distributes a controlled substance in a | 4 | | package prepared by him or her or the manufacturer, he or she | 5 | | shall securely affix to each package in which that substance | 6 | | is contained a label showing in legible English the name and | 7 | | address of the manufacturer, the distributor and the quantity, | 8 | | kind and form of controlled substance contained therein. No | 9 | | person except a pharmacist and only for the purposes of | 10 | | filling a prescription under this Act, shall alter, deface or | 11 | | remove any label so affixed. | 12 | | (f) Whenever a practitioner dispenses any controlled | 13 | | substance except a non-prescription Schedule V product or a | 14 | | non-prescription targeted methamphetamine precursor regulated | 15 | | by the Methamphetamine Precursor Control Act, he or she shall | 16 | | affix to the container in which such substance is sold or | 17 | | dispensed, a label indicating the date of initial filling, the | 18 | | practitioner's name and address, the name of the patient, the | 19 | | name of the prescriber, the directions for use and cautionary | 20 | | statements, if any, contained in any prescription or required | 21 | | by law, the proprietary name or names or the established name | 22 | | of the controlled substance, and the dosage and quantity, | 23 | | except as otherwise authorized by regulation by the Department | 24 | | of Financial and Professional Regulation. No person shall | 25 | | alter, deface or remove any label so affixed as long as the | 26 | | specific medication remains in the container. |
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| 1 | | (g) A person to whom or for whose use any controlled | 2 | | substance has been prescribed or dispensed by a practitioner, | 3 | | or other persons authorized under this Act, and the owner of | 4 | | any animal for which such substance has been prescribed or | 5 | | dispensed by a veterinarian, may lawfully possess such | 6 | | substance only in the container in which it was delivered to | 7 | | him or her by the person dispensing such substance. | 8 | | (h) The responsibility for the proper prescribing or | 9 | | dispensing of controlled substances that are under the | 10 | | prescriber's direct control is upon the prescriber. The | 11 | | responsibility for the proper filling of a prescription for | 12 | | controlled substance drugs rests with the pharmacist. An order | 13 | | purporting to be a prescription issued to any individual, | 14 | | which is not in the regular course of professional treatment | 15 | | nor part of an authorized methadone maintenance program, nor | 16 | | in legitimate and authorized research instituted by any | 17 | | accredited hospital, educational institution, charitable | 18 | | foundation, or federal, state or local governmental agency, | 19 | | and which is intended to provide that individual with | 20 | | controlled substances sufficient to maintain that individual's | 21 | | or any other individual's physical or psychological addiction , | 22 | | habitual or customary use, dependence, or diversion of that | 23 | | controlled substance is not a prescription within the meaning | 24 | | and intent of this Act; and the person issuing it, shall be | 25 | | subject to the penalties provided for violations of the law | 26 | | relating to controlled substances. |
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| 1 | | (i) A prescriber shall not pre-print or cause to be | 2 | | pre-printed a prescription for any controlled substance; nor | 3 | | shall any practitioner issue, fill or cause to be issued or | 4 | | filled, a pre-printed prescription for any controlled | 5 | | substance. | 6 | | (i-5) A prescriber may use a machine or electronic device | 7 | | to individually generate a printed prescription, but the | 8 | | prescriber is still required to affix his or her manual | 9 | | signature. | 10 | | (j) No person shall manufacture, dispense, deliver, | 11 | | possess with intent to deliver, prescribe, or administer or | 12 | | cause to be administered under his or her direction any | 13 | | anabolic steroid, for any use in humans other than the | 14 | | treatment of disease in accordance with the order of a | 15 | | physician licensed to practice medicine in all its branches | 16 | | for a valid medical purpose in the course of professional | 17 | | practice. The use of anabolic steroids for the purpose of | 18 | | hormonal manipulation that is intended to increase muscle | 19 | | mass, strength or weight without a medical necessity to do so, | 20 | | or for the intended purpose of improving physical appearance | 21 | | or performance in any form of exercise, sport, or game, is not | 22 | | a valid medical purpose or in the course of professional | 23 | | practice. | 24 | | (k) Controlled substances may be mailed if all of the | 25 | | following conditions are met: | 26 | | (1) The controlled substances are not outwardly |
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| 1 | | dangerous and are not likely, of their own force, to cause | 2 | | injury to a person's life or health. | 3 | | (2) The inner container of a parcel containing | 4 | | controlled substances must be marked and sealed as | 5 | | required under this Act and its rules, and be placed in a | 6 | | plain outer container or securely wrapped in plain paper. | 7 | | (3) If the controlled substances consist of | 8 | | prescription medicines, the inner container must be | 9 | | labeled to show the name and address of the pharmacy or | 10 | | practitioner dispensing the prescription. | 11 | | (4) The outside wrapper or container must be free of | 12 | | markings that would indicate the nature of the contents. | 13 | | (l) Notwithstanding any other provision of this Act to the | 14 | | contrary, emergency medical services personnel may administer | 15 | | Schedule II, III, IV, or V controlled substances to a person in | 16 | | the scope of their employment without a written, electronic, | 17 | | or oral prescription of a prescriber. | 18 | | (Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23.) | 19 | | (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313) | 20 | | Sec. 313. (a) Controlled substances which are lawfully | 21 | | administered in hospitals or institutions licensed under the | 22 | | Hospital Licensing Act shall be exempt from the requirements | 23 | | of Sections 312, 315.6, and 316, except that the prescription | 24 | | for the controlled substance shall be in writing on the | 25 | | patient's record, signed by the prescriber, and dated, and |
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| 1 | | shall state the name and quantity of controlled substances | 2 | | ordered and the quantity actually administered. The records of | 3 | | such prescriptions shall be maintained for two years and shall | 4 | | be available for inspection by officers and employees of the | 5 | | Illinois State Police and the Department of Financial and | 6 | | Professional Regulation. | 7 | | The exemption under this subsection (a) does not apply to | 8 | | a prescription (including an outpatient prescription from an | 9 | | emergency department or outpatient clinic) for more than a | 10 | | 72-hour supply of a discharge medication to be consumed | 11 | | outside of the hospital or institution. | 12 | | (b) Controlled substances that can lawfully be | 13 | | administered or dispensed directly to a patient in a long-term | 14 | | care facility licensed by the Department of Public Health as a | 15 | | skilled nursing facility, intermediate care facility, or | 16 | | long-term care facility for residents under 22 years of age, | 17 | | are exempt from the requirements of Section 312 except that a | 18 | | prescription for a Schedule II controlled substance must be | 19 | | either a prescription signed by the prescriber or a | 20 | | prescription transmitted by the prescriber or prescriber's | 21 | | agent to the dispensing pharmacy by facsimile. The facsimile | 22 | | serves as the original prescription and must be maintained for | 23 | | 2 years from the date of issue in the same manner as a written | 24 | | prescription signed by the prescriber. | 25 | | (c) A prescription that is generated for a Schedule II | 26 | | controlled substance to be compounded for direct |
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| 1 | | administration to a patient in a private residence, long-term | 2 | | care facility, or hospice program may be transmitted by | 3 | | facsimile by the prescriber or the prescriber's agent to the | 4 | | pharmacy providing the home infusion services. The facsimile | 5 | | serves as the original prescription for purposes of this | 6 | | paragraph (c) and it shall be maintained in the same manner as | 7 | | the original prescription. | 8 | | (c-1) A prescription generated for a Schedule II | 9 | | controlled substance for a patient residing in a hospice | 10 | | certified by Medicare under Title XVIII of the Social Security | 11 | | Act or licensed by the State may be transmitted by the | 12 | | practitioner or the practitioner's agent to the dispensing | 13 | | pharmacy by facsimile or electronically as provided in Section | 14 | | 311.5. The practitioner or practitioner's agent must note on | 15 | | the prescription that the patient is a hospice patient. The | 16 | | facsimile or electronic record serves as the original | 17 | | prescription for purposes of this paragraph (c-1) and it shall | 18 | | be maintained in the same manner as the original prescription. | 19 | | (d) Controlled substances which are lawfully administered | 20 | | and/or dispensed in substance use disorder drug abuse | 21 | | treatment programs licensed by the Department shall be exempt | 22 | | from the requirements of Sections 312 and 316, except that the | 23 | | prescription for such controlled substances shall be issued | 24 | | and authenticated on official prescription logs prepared and | 25 | | maintained in accordance with 77 Ill. Adm. Code 2060: | 26 | | Alcoholism and Substance Abuse Treatment and Intervention |
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| 1 | | Licenses, and in compliance with other applicable State and | 2 | | federal laws. The Department-licensed drug treatment program | 3 | | shall report applicable prescriptions via electronic record | 4 | | keeping software approved by the Department. This software | 5 | | must be compatible with the specifications of the Department. | 6 | | Substance use disorder Drug abuse treatment programs shall | 7 | | report to the Department methadone prescriptions or | 8 | | medications dispensed through the use of Department-approved | 9 | | File Transfer Protocols (FTPs). Methadone prescription records | 10 | | must be maintained in accordance with the applicable | 11 | | requirements as set forth by the Department in accordance with | 12 | | 77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse | 13 | | Treatment and Intervention Licenses, and in compliance with | 14 | | other applicable State and federal laws. | 15 | | (e) Nothing in this Act shall be construed to limit the | 16 | | authority of a hospital pursuant to Section 65-45 of the Nurse | 17 | | Practice Act to grant hospital clinical privileges to an | 18 | | individual advanced practice registered nurse to select, order | 19 | | or administer medications, including controlled substances to | 20 | | provide services within a hospital. Nothing in this Act shall | 21 | | be construed to limit the authority of an ambulatory surgical | 22 | | treatment center pursuant to Section 65-45 of the Nurse | 23 | | Practice Act to grant ambulatory surgical treatment center | 24 | | clinical privileges to an individual advanced practice | 25 | | registered nurse to select, order or administer medications, | 26 | | including controlled substances to provide services within an |
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| 1 | | ambulatory surgical treatment center. | 2 | | (Source: P.A. 102-608, eff. 8-27-21.) | 3 | | (720 ILCS 570/318) | 4 | | Sec. 318. Confidentiality of information. | 5 | | (a) Information received by the central repository under | 6 | | Section 316 and former Section 321 is confidential. | 7 | | (a-1) To ensure the federal Health Insurance Portability | 8 | | and Accountability Act and confidentiality of substance use | 9 | | disorder patient records rules that mandate the privacy of an | 10 | | individual's prescription data reported to the Prescription | 11 | | Monitoring Program received from a retail dispenser under this | 12 | | Act, and in order to execute the duties and responsibilities | 13 | | under Section 316 of this Act and rules for disclosure under | 14 | | this Section, the Clinical Director of the Prescription | 15 | | Monitoring Program or his or her designee shall maintain | 16 | | direct access to all Prescription Monitoring Program data. Any | 17 | | request for Prescription Monitoring Program data from any | 18 | | other department or agency must be approved in writing by the | 19 | | Clinical Director of the Prescription Monitoring Program or | 20 | | his or her designee unless otherwise permitted by law. | 21 | | Prescription Monitoring Program data shall only be disclosed | 22 | | as permitted by law. | 23 | | (a-2) As an active step to address the current opioid | 24 | | crisis in this State and to prevent and reduce substance use | 25 | | disorders addiction resulting from a sports injury or an |
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| 1 | | accident, the Prescription Monitoring Program and the | 2 | | Department of Public Health shall coordinate a continuous | 3 | | review of the Prescription Monitoring Program and the | 4 | | Department of Public Health data to determine if a patient may | 5 | | be at risk of opioid use disorder addiction . Each patient | 6 | | discharged from any medical facility with an International | 7 | | Classification of Disease, 10th edition code related to a | 8 | | sport or accident injury shall be subject to the data review. | 9 | | If the discharged patient is dispensed a controlled substance, | 10 | | the Prescription Monitoring Program shall alert the patient's | 11 | | prescriber as to the addiction risk of developing a substance | 12 | | use disorder and urge each to follow the Centers for Disease | 13 | | Control and Prevention guidelines or his or her respective | 14 | | profession's treatment guidelines related to the patient's | 15 | | injury. This subsection (a-2), other than this sentence, is | 16 | | inoperative on or after January 1, 2024. | 17 | | (b) The Department must carry out a program to protect the | 18 | | confidentiality of the information described in subsection | 19 | | (a). The Department may disclose the information to another | 20 | | person only under subsection (c), (d), or (f) and may charge a | 21 | | fee not to exceed the actual cost of furnishing the | 22 | | information. | 23 | | (c) The Department may disclose confidential information | 24 | | described in subsection (a) to any person who is engaged in | 25 | | receiving, processing, or storing the information. | 26 | | (d) The Department may release confidential information |
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| 1 | | described in subsection (a) to the following persons: | 2 | | (1) A governing body that licenses practitioners and | 3 | | is engaged in an investigation, an adjudication, or a | 4 | | prosecution of a violation under any State or federal law | 5 | | that involves a controlled substance. | 6 | | (2) An investigator for the Consumer Protection | 7 | | Division of the office of the Attorney General, a | 8 | | prosecuting attorney, the Attorney General, a deputy | 9 | | Attorney General, or an investigator from the office of | 10 | | the Attorney General, who is engaged in any of the | 11 | | following activities involving controlled substances: | 12 | | (A) an investigation; | 13 | | (B) an adjudication; or | 14 | | (C) a prosecution of a violation under any State | 15 | | or federal law that involves a controlled substance. | 16 | | (3) A law enforcement officer who is: | 17 | | (A) authorized by the Illinois State Police or the | 18 | | office of a county sheriff or State's Attorney or | 19 | | municipal police department of Illinois to receive | 20 | | information of the type requested for the purpose of | 21 | | investigations involving controlled substances; or | 22 | | (B) approved by the Department to receive | 23 | | information of the type requested for the purpose of | 24 | | investigations involving controlled substances; and | 25 | | (C) engaged in the investigation or prosecution of | 26 | | a violation under any State or federal law that |
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| 1 | | involves a controlled substance. | 2 | | (4) Select representatives of the Department of | 3 | | Children and Family Services through the indirect online | 4 | | request process. Access shall be established by an | 5 | | intergovernmental agreement between the Department of | 6 | | Children and Family Services and the Department of Human | 7 | | Services. | 8 | | (e) Before the Department releases confidential | 9 | | information under subsection (d), the applicant must | 10 | | demonstrate in writing to the Department that: | 11 | | (1) the applicant has reason to believe that a | 12 | | violation under any State or federal law that involves a | 13 | | controlled substance has occurred; and | 14 | | (2) the requested information is reasonably related to | 15 | | the investigation, adjudication, or prosecution of the | 16 | | violation described in subdivision (1). | 17 | | (f) The Department may receive and release prescription | 18 | | record information under Section 316 and former Section 321 | 19 | | to: | 20 | | (1) a governing body that licenses practitioners; | 21 | | (2) an investigator for the Consumer Protection | 22 | | Division of the office of the Attorney General, a | 23 | | prosecuting attorney, the Attorney General, a deputy | 24 | | Attorney General, or an investigator from the office of | 25 | | the Attorney General; | 26 | | (3) any Illinois law enforcement officer who is: |
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| 1 | | (A) authorized to receive the type of information | 2 | | released; and | 3 | | (B) approved by the Department to receive the type | 4 | | of information released; or | 5 | | (4) prescription monitoring entities in other states | 6 | | per the provisions outlined in subsection (g) and (h) | 7 | | below; | 8 | | confidential prescription record information collected under | 9 | | Sections 316 and 321 (now repealed) that identifies vendors or | 10 | | practitioners, or both, who are prescribing or dispensing | 11 | | large quantities of Schedule II, III, IV, or V controlled | 12 | | substances outside the scope of their practice, pharmacy, or | 13 | | business, as determined by the Advisory Committee created by | 14 | | Section 320. | 15 | | (f-5) In accordance with a confidentiality agreement | 16 | | entered into with the Department, a medical director, or a | 17 | | public health administrator and their delegated analysts, of a | 18 | | county or municipal health department or the Department of | 19 | | Public Health shall have access to data from the system for any | 20 | | of the following purposes: | 21 | | (1) developing education programs or public health | 22 | | interventions relating to prescribing trends and | 23 | | controlled substance use; or | 24 | | (2) conducting analyses and publish reports on | 25 | | prescribing trends in their respective jurisdictions. | 26 | | At a minimum, the confidentiality agreement entered into |
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| 1 | | with the Department shall: | 2 | | (i) prohibit analysis and reports produced under | 3 | | subparagraph (2) from including information that | 4 | | identifies, by name, license, or address, any | 5 | | practitioner, dispenser, ultimate user, or other person | 6 | | administering a controlled substance; and | 7 | | (ii) specify the appropriate technical and physical | 8 | | safeguards that the county or municipal health department | 9 | | must implement to ensure the privacy and security of data | 10 | | obtained from the system. The data from the system shall | 11 | | not be admissible as evidence, nor discoverable in any | 12 | | action of any kind in any court or before any tribunal, | 13 | | board, agency, or person. The disclosure of any such | 14 | | information or data, whether proper or improper, shall not | 15 | | waive or have any effect upon its confidentiality, | 16 | | non-discoverability, or non-admissibility. | 17 | | (g) The information described in subsection (f) may not be | 18 | | released until it has been reviewed by an employee of the | 19 | | Department who is licensed as a prescriber or a dispenser and | 20 | | until that employee has certified that further investigation | 21 | | is warranted. However, failure to comply with this subsection | 22 | | (g) does not invalidate the use of any evidence that is | 23 | | otherwise admissible in a proceeding described in subsection | 24 | | (h). | 25 | | (h) An investigator or a law enforcement officer receiving | 26 | | confidential information under subsection (c), (d), or (f) may |
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| 1 | | disclose the information to a law enforcement officer or an | 2 | | attorney for the office of the Attorney General for use as | 3 | | evidence in the following: | 4 | | (1) A proceeding under any State or federal law that | 5 | | involves a controlled substance. | 6 | | (2) A criminal proceeding or a proceeding in juvenile | 7 | | court that involves a controlled substance. | 8 | | (i) The Department may compile statistical reports from | 9 | | the information described in subsection (a). The reports must | 10 | | not include information that identifies, by name, license or | 11 | | address, any practitioner, dispenser, ultimate user, or other | 12 | | person administering a controlled substance. | 13 | | (j) Based upon federal, initial and maintenance funding, a | 14 | | prescriber and dispenser inquiry system shall be developed to | 15 | | assist the health care community in its goal of effective | 16 | | clinical practice and to prevent patients from diverting or | 17 | | abusing medications. | 18 | | (1) An inquirer shall have read-only access to a | 19 | | stand-alone database which shall contain records for the | 20 | | previous 12 months. | 21 | | (2) Dispensers may, upon positive and secure | 22 | | identification, make an inquiry on a patient or customer | 23 | | solely for a medical purpose as delineated within the | 24 | | federal HIPAA law. | 25 | | (3) The Department shall provide a one-to-one secure | 26 | | link and encrypted software necessary to establish the |
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| 1 | | link between an inquirer and the Department. Technical | 2 | | assistance shall also be provided. | 3 | | (4) Written inquiries are acceptable but must include | 4 | | the fee and the requester's Drug Enforcement | 5 | | Administration license number and submitted upon the | 6 | | requester's business stationery. | 7 | | (5) As directed by the Prescription Monitoring Program | 8 | | Advisory Committee and the Clinical Director for the | 9 | | Prescription Monitoring Program, aggregate data that does | 10 | | not indicate any prescriber, practitioner, dispenser, or | 11 | | patient may be used for clinical studies. | 12 | | (6) Tracking analysis shall be established and used | 13 | | per administrative rule. | 14 | | (7) Nothing in this Act or Illinois law shall be | 15 | | construed to require a prescriber or dispenser to make use | 16 | | of this inquiry system. | 17 | | (8) If there is an adverse outcome because of a | 18 | | prescriber or dispenser making an inquiry, which is | 19 | | initiated in good faith, the prescriber or dispenser shall | 20 | | be held harmless from any civil liability. | 21 | | (k) The Department shall establish, by rule, the process | 22 | | by which to evaluate possible erroneous association of | 23 | | prescriptions to any licensed prescriber or end user of the | 24 | | Illinois Prescription Information Library (PIL). | 25 | | (l) The Prescription Monitoring Program Advisory Committee | 26 | | is authorized to evaluate the need for and method of |
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| 1 | | establishing a patient specific identifier. | 2 | | (m) Patients who identify prescriptions attributed to them | 3 | | that were not obtained by them shall be given access to their | 4 | | personal prescription history pursuant to the validation | 5 | | process as set forth by administrative rule. | 6 | | (n) The Prescription Monitoring Program is authorized to | 7 | | develop operational push reports to entities with compatible | 8 | | electronic medical records. The process shall be covered | 9 | | within administrative rule established by the Department. | 10 | | (o) Hospital emergency departments and freestanding | 11 | | healthcare facilities providing healthcare to walk-in patients | 12 | | may obtain, for the purpose of improving patient care, a | 13 | | unique identifier for each shift to utilize the PIL system. | 14 | | (p) The Prescription Monitoring Program shall | 15 | | automatically create a log-in to the inquiry system when a | 16 | | prescriber or dispenser obtains or renews his or her | 17 | | controlled substance license. The Department of Financial and | 18 | | Professional Regulation must provide the Prescription | 19 | | Monitoring Program with electronic access to the license | 20 | | information of a prescriber or dispenser to facilitate the | 21 | | creation of this profile. The Prescription Monitoring Program | 22 | | shall send the prescriber or dispenser information regarding | 23 | | the inquiry system, including instructions on how to log into | 24 | | the system, instructions on how to use the system to promote | 25 | | effective clinical practice, and opportunities for continuing | 26 | | education for the prescribing of controlled substances. The |
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| 1 | | Prescription Monitoring Program shall also send to all | 2 | | enrolled prescribers, dispensers, and designees information | 3 | | regarding the unsolicited reports produced pursuant to Section | 4 | | 314.5 of this Act. | 5 | | (q) A prescriber or dispenser may authorize a designee to | 6 | | consult the inquiry system established by the Department under | 7 | | this subsection on his or her behalf, provided that all the | 8 | | following conditions are met: | 9 | | (1) the designee so authorized is employed by the same | 10 | | hospital or health care system; is employed by the same | 11 | | professional practice; or is under contract with such | 12 | | practice, hospital, or health care system; | 13 | | (2) the prescriber or dispenser takes reasonable steps | 14 | | to ensure that such designee is sufficiently competent in | 15 | | the use of the inquiry system; | 16 | | (3) the prescriber or dispenser remains responsible | 17 | | for ensuring that access to the inquiry system by the | 18 | | designee is limited to authorized purposes and occurs in a | 19 | | manner that protects the confidentiality of the | 20 | | information obtained from the inquiry system, and remains | 21 | | responsible for any breach of confidentiality; and | 22 | | (4) the ultimate decision as to whether or not to | 23 | | prescribe or dispense a controlled substance remains with | 24 | | the prescriber or dispenser. | 25 | | The Prescription Monitoring Program shall send to | 26 | | registered designees information regarding the inquiry system, |
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| 1 | | including instructions on how to log onto the system. | 2 | | (r) The Prescription Monitoring Program shall maintain an | 3 | | Internet website in conjunction with its prescriber and | 4 | | dispenser inquiry system. This website shall include, at a | 5 | | minimum, the following information: | 6 | | (1) current clinical guidelines developed by health | 7 | | care professional organizations on the prescribing of | 8 | | opioids or other controlled substances as determined by | 9 | | the Advisory Committee; | 10 | | (2) accredited continuing education programs related | 11 | | to prescribing of controlled substances; | 12 | | (3) programs or information developed by health care | 13 | | professionals that may be used to assess patients or help | 14 | | ensure compliance with prescriptions; | 15 | | (4) updates from the Food and Drug Administration, the | 16 | | Centers for Disease Control and Prevention, and other | 17 | | public and private organizations which are relevant to | 18 | | prescribing; | 19 | | (5) relevant medical studies related to prescribing; | 20 | | (6) other information regarding the prescription of | 21 | | controlled substances; and | 22 | | (7) information regarding prescription drug disposal | 23 | | events, including take-back programs or other disposal | 24 | | options or events. | 25 | | The content of the Internet website shall be periodically | 26 | | reviewed by the Prescription Monitoring Program Advisory |
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| 1 | | Committee as set forth in Section 320 and updated in | 2 | | accordance with the recommendation of the advisory committee. | 3 | | (s) The Prescription Monitoring Program shall regularly | 4 | | send electronic updates to the registered users of the | 5 | | Program. The Prescription Monitoring Program Advisory | 6 | | Committee shall review any communications sent to registered | 7 | | users and also make recommendations for communications as set | 8 | | forth in Section 320. These updates shall include the | 9 | | following information: | 10 | | (1) opportunities for accredited continuing education | 11 | | programs related to prescribing of controlled substances; | 12 | | (2) current clinical guidelines developed by health | 13 | | care professional organizations on the prescribing of | 14 | | opioids or other drugs as determined by the Advisory | 15 | | Committee; | 16 | | (3) programs or information developed by health care | 17 | | professionals that may be used to assess patients or help | 18 | | ensure compliance with prescriptions; | 19 | | (4) updates from the Food and Drug Administration, the | 20 | | Centers for Disease Control and Prevention, and other | 21 | | public and private organizations which are relevant to | 22 | | prescribing; | 23 | | (5) relevant medical studies related to prescribing; | 24 | | (6) other information regarding prescribing of | 25 | | controlled substances; | 26 | | (7) information regarding prescription drug disposal |
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| 1 | | events, including take-back programs or other disposal | 2 | | options or events; and | 3 | | (8) reminders that the Prescription Monitoring Program | 4 | | is a useful clinical tool. | 5 | | (t) Notwithstanding any other provision of this Act, | 6 | | neither the Prescription Monitoring Program nor any other | 7 | | person shall disclose any information in violation of the | 8 | | restrictions and requirements of paragraph (3.5) of subsection | 9 | | (a) of Section 316 as implemented under Public Act 102-527. | 10 | | (Source: P.A. 102-751, eff. 1-1-23 .) | 11 | | (720 ILCS 570/320) | 12 | | Sec. 320. Advisory committee. | 13 | | (a) There is created a Prescription Monitoring Program | 14 | | Advisory Committee to assist the Department of Human Services | 15 | | and Department of Public Health in implementing the | 16 | | Prescription Monitoring Program created by this Article and to | 17 | | advise the Department on the professional performance of | 18 | | prescribers and dispensers and other matters germane to the | 19 | | advisory committee's field of competence. | 20 | | (b) The Prescription Monitoring Program Advisory Committee | 21 | | shall consist of 15 members appointed by the Clinical Director | 22 | | of the Prescription Monitoring Program composed of prescribers | 23 | | and dispensers licensed to practice medicine in his or her | 24 | | respective profession as follows: one family or primary care | 25 | | physician; one pain specialist physician; 4 other physicians, |
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| 1 | | one of whom may be an ophthalmologist; 2 advanced practice | 2 | | registered nurses; one physician assistant; one optometrist; | 3 | | one dentist; one clinical representative from a statewide | 4 | | organization representing hospitals; and 3 pharmacists. The | 5 | | Advisory Committee members serving on August 26, 2018 (the | 6 | | effective date of Public Act 100-1093) shall continue to serve | 7 | | until January 1, 2019. Prescriber and dispenser nominations | 8 | | for membership on the Committee shall be submitted by their | 9 | | respective professional associations. If there are more | 10 | | nominees than membership positions for a prescriber or | 11 | | dispenser category, as provided in this subsection (b), the | 12 | | Clinical Director of the Prescription Monitoring Program shall | 13 | | appoint a member or members for each profession as provided in | 14 | | this subsection (b), from the nominations to serve on the | 15 | | advisory committee. At the first meeting of the Committee in | 16 | | 2019 members shall draw lots for initial terms and 6 members | 17 | | shall serve 3 years, 5 members shall serve 2 years, and 5 | 18 | | members shall serve one year. Thereafter, members shall serve | 19 | | 3-year terms. Members may serve more than one term but no more | 20 | | than 3 terms. The Clinical Director of the Prescription | 21 | | Monitoring Program may appoint a representative of an | 22 | | organization representing a profession required to be | 23 | | appointed. The Clinical Director of the Prescription | 24 | | Monitoring Program shall serve as the Secretary of the | 25 | | committee. | 26 | | (c) The advisory committee may appoint a chairperson and |
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| 1 | | other officers as it deems appropriate. | 2 | | (d) The members of the advisory committee shall receive no | 3 | | compensation for their services as members of the advisory | 4 | | committee, unless appropriated by the General Assembly, but | 5 | | may be reimbursed for their actual expenses incurred in | 6 | | serving on the advisory committee. | 7 | | (e) The advisory committee shall: | 8 | | (1) provide a uniform approach to reviewing this Act | 9 | | in order to determine whether changes should be | 10 | | recommended to the General Assembly; | 11 | | (2) review current drug schedules in order to manage | 12 | | changes to the administrative rules pertaining to the | 13 | | utilization of this Act; | 14 | | (3) review the following: current clinical guidelines | 15 | | developed by health care professional organizations on the | 16 | | prescribing of opioids or other controlled substances; | 17 | | accredited continuing education programs related to | 18 | | prescribing and dispensing; programs or information | 19 | | developed by health care professional organizations that | 20 | | may be used to assess patients or help ensure compliance | 21 | | with prescriptions; updates from the Food and Drug | 22 | | Administration, the Centers for Disease Control and | 23 | | Prevention, and other public and private organizations | 24 | | which are relevant to prescribing and dispensing; relevant | 25 | | medical studies; and other publications which involve the | 26 | | prescription of controlled substances; |
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| 1 | | (4) make recommendations for inclusion of these | 2 | | materials or other studies which may be effective | 3 | | resources for prescribers and dispensers on the Internet | 4 | | website of the inquiry system established under Section | 5 | | 318; | 6 | | (5) semi-annually review the content of the Internet | 7 | | website of the inquiry system established pursuant to | 8 | | Section 318 to ensure this Internet website has the most | 9 | | current available information; | 10 | | (6) semi-annually review opportunities for federal | 11 | | grants and other forms of funding to support projects | 12 | | which will increase the number of pilot programs which | 13 | | integrate the inquiry system with electronic health | 14 | | records; and | 15 | | (7) semi-annually review communication to be sent to | 16 | | all registered users of the inquiry system established | 17 | | pursuant to Section 318, including recommendations for | 18 | | relevant accredited continuing education and information | 19 | | regarding prescribing and dispensing. | 20 | | (f) The Advisory Committee shall select from its members | 21 | | 10 members of the Peer Review Committee composed of: | 22 | | (1) 3 physicians; | 23 | | (2) 3 pharmacists; | 24 | | (3) one dentist; | 25 | | (4) one advanced practice registered nurse; | 26 | | (4.5) (blank); |
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| 1 | | (5) one physician assistant; and | 2 | | (6) one optometrist. | 3 | | The purpose of the Peer Review Committee is to establish a | 4 | | formal peer review of professional performance of prescribers | 5 | | and dispensers. The deliberations, information, and | 6 | | communications of the Peer Review Committee are privileged and | 7 | | confidential and shall not be disclosed in any manner except | 8 | | in accordance with current law. | 9 | | (1) The Peer Review Committee shall periodically | 10 | | review the data contained within the prescription | 11 | | monitoring program to identify those prescribers or | 12 | | dispensers who may be prescribing or dispensing outside | 13 | | the currently accepted standard and practice of their | 14 | | profession. The Peer Review Committee member, whose | 15 | | profession is the same as the prescriber or dispenser | 16 | | being reviewed, shall prepare a preliminary report and | 17 | | recommendation for any non-action or action. The | 18 | | Prescription Monitoring Program Clinical Director and | 19 | | staff shall provide the necessary assistance and data as | 20 | | required. | 21 | | (2) The Peer Review Committee may identify prescribers | 22 | | or dispensers who may be prescribing outside the currently | 23 | | accepted medical standards in the course of their | 24 | | professional practice and send the identified prescriber | 25 | | or dispenser a request for information regarding their | 26 | | prescribing or dispensing practices. This request for |
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| 1 | | information shall be sent via certified mail, return | 2 | | receipt requested. A prescriber or dispenser shall have 30 | 3 | | days to respond to the request for information. | 4 | | (3) The Peer Review Committee shall refer a prescriber | 5 | | or a dispenser to the Department of Financial and | 6 | | Professional Regulation in the following situations: | 7 | | (i) if a prescriber or dispenser does not respond | 8 | | to three successive requests for information; | 9 | | (ii) in the opinion of a majority of members of the | 10 | | Peer Review Committee, the prescriber or dispenser | 11 | | does not have a satisfactory explanation for the | 12 | | practices identified by the Peer Review Committee in | 13 | | its request for information; or | 14 | | (iii) following communications with the Peer | 15 | | Review Committee, the prescriber or dispenser does not | 16 | | sufficiently rectify the practices identified in the | 17 | | request for information in the opinion of a majority | 18 | | of the members of the Peer Review Committee. | 19 | | (4) The Department of Financial and Professional | 20 | | Regulation may initiate an investigation and discipline in | 21 | | accordance with current laws and rules for any prescriber | 22 | | or dispenser referred by the Peer Review Committee. | 23 | | (5) The Peer Review Committee shall prepare an annual | 24 | | report starting on July 1, 2017. This report shall contain | 25 | | the following information: the number of times the Peer | 26 | | Review Committee was convened; the number of prescribers |
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| 1 | | or dispensers who were reviewed by the Peer Review | 2 | | Committee; the number of requests for information sent out | 3 | | by the Peer Review Committee; and the number of | 4 | | prescribers or dispensers referred to the Department of | 5 | | Financial and Professional Regulation. The annual report | 6 | | shall be delivered electronically to the Department and to | 7 | | the General Assembly. The report to the General Assembly | 8 | | shall be filed with the Clerk of the House of | 9 | | Representatives and the Secretary of the Senate in | 10 | | electronic form only, in the manner that the Clerk and the | 11 | | Secretary shall direct. The report prepared by the Peer | 12 | | Review Committee shall not identify any prescriber, | 13 | | dispenser, or patient. | 14 | | (Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18; | 15 | | 100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff. | 16 | | 8-16-19.) | 17 | | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410) | 18 | | Sec. 410. (a) Whenever any person who has not previously | 19 | | been convicted of any felony offense under this Act or any law | 20 | | of the United States or of any State relating to cannabis or | 21 | | controlled substances, pleads guilty to or is found guilty of | 22 | | possession of a controlled or counterfeit substance under | 23 | | subsection (c) of Section 402 or of unauthorized possession of | 24 | | prescription form under Section 406.2, the court, without | 25 | | entering a judgment and with the consent of such person, may |
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| 1 | | sentence him or her to probation. | 2 | | (b) When a person is placed on probation, the court shall | 3 | | enter an order specifying a period of probation of 24 months | 4 | | and shall defer further proceedings in the case until the | 5 | | conclusion of the period or until the filing of a petition | 6 | | alleging violation of a term or condition of probation. | 7 | | (c) The conditions of probation shall be that the person: | 8 | | (1) not violate any criminal statute of any jurisdiction; (2) | 9 | | refrain from possessing a firearm or other dangerous weapon; | 10 | | (3) submit to periodic drug testing at a time and in a manner | 11 | | as ordered by the court, but no less than 3 times during the | 12 | | period of the probation, with the cost of the testing to be | 13 | | paid by the probationer; and (4) perform no less than 30 hours | 14 | | of community service, provided community service is available | 15 | | in the jurisdiction and is funded and approved by the county | 16 | | board. The court may give credit toward the fulfillment of | 17 | | community service hours for participation in activities and | 18 | | treatment as determined by court services. | 19 | | (d) The court may, in addition to other conditions, | 20 | | require that the person: | 21 | | (1) make a report to and appear in person before or | 22 | | participate with the court or such courts, person, or | 23 | | social service agency as directed by the court in the | 24 | | order of probation; | 25 | | (2) pay a fine and costs; | 26 | | (3) work or pursue a course of study or vocational |
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| 1 | | training; | 2 | | (4) undergo medical or psychiatric treatment; or | 3 | | treatment or rehabilitation approved by the Illinois | 4 | | Department of Human Services; | 5 | | (5) attend or reside in a facility established for the | 6 | | instruction or residence of defendants on probation; | 7 | | (6) support his or her dependents; | 8 | | (6-5) refrain from having in his or her body the | 9 | | presence of any illicit drug prohibited by the Cannabis | 10 | | Control Act, the Illinois Controlled Substances Act, or | 11 | | the Methamphetamine Control and Community Protection Act, | 12 | | unless prescribed by a physician, and submit samples of | 13 | | his or her blood or urine or both for tests to determine | 14 | | the presence of any illicit drug; | 15 | | (7) and in addition, if a minor: | 16 | | (i) reside with his or her parents or in a foster | 17 | | home; | 18 | | (ii) attend school; | 19 | | (iii) attend a non-residential program for youth; | 20 | | (iv) contribute to his or her own support at home | 21 | | or in a foster home. | 22 | | (e) Upon violation of a term or condition of probation, | 23 | | the court may enter a judgment on its original finding of guilt | 24 | | and proceed as otherwise provided. | 25 | | (f) Upon fulfillment of the terms and conditions of | 26 | | probation, the court shall discharge the person and dismiss |
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| 1 | | the proceedings against him or her. | 2 | | (g) A disposition of probation is considered to be a | 3 | | conviction for the purposes of imposing the conditions of | 4 | | probation and for appeal, however, discharge and dismissal | 5 | | under this Section is not a conviction for purposes of this Act | 6 | | or for purposes of disqualifications or disabilities imposed | 7 | | by law upon conviction of a crime. | 8 | | (h) A person may not have more than one discharge and | 9 | | dismissal under this Section within a 4-year period. | 10 | | (i) If a person is convicted of an offense under this Act, | 11 | | the Cannabis Control Act, or the Methamphetamine Control and | 12 | | Community Protection Act within 5 years subsequent to a | 13 | | discharge and dismissal under this Section, the discharge and | 14 | | dismissal under this Section shall be admissible in the | 15 | | sentencing proceeding for that conviction as evidence in | 16 | | aggravation. | 17 | | (j) Notwithstanding subsection (a), before a person is | 18 | | sentenced to probation under this Section, the court may refer | 19 | | the person to the drug court established in that judicial | 20 | | circuit pursuant to Section 15 of the Drug Court Treatment | 21 | | Act. The drug court team shall evaluate the person's | 22 | | likelihood of successfully completing a sentence of probation | 23 | | under this Section and shall report the results of its | 24 | | evaluation to the court. If the drug court team finds that the | 25 | | person suffers from a substance use disorder abuse problem | 26 | | that makes him or her substantially unlikely to successfully |
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| 1 | | complete a sentence of probation under this Section, then the | 2 | | drug court shall set forth its findings in the form of a | 3 | | written order, and the person shall not be sentenced to | 4 | | probation under this Section, but shall be considered for the | 5 | | drug court program. | 6 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; | 7 | | 100-575, eff. 1-8-18.) | 8 | | (720 ILCS 570/411.2) | 9 | | Sec. 411.2. Drug Treatment Fund; drug treatment grants. | 10 | | (a) (Blank). | 11 | | (b) (Blank). | 12 | | (c) (Blank). | 13 | | (d) (Blank). | 14 | | (e) (Blank). | 15 | | (f) (Blank). | 16 | | (g) (Blank). | 17 | | (h) The Drug Treatment Fund is hereby established as a | 18 | | special fund within the State Treasury. The Department of | 19 | | Human Services may make grants to persons licensed under | 20 | | Section 15-10 of the Substance Use Disorder Act or to | 21 | | municipalities or counties from funds appropriated to the | 22 | | Department from the Drug Treatment Fund for the treatment of | 23 | | pregnant women who have a substance use disorder are addicted | 24 | | to alcohol, cannabis, or controlled substances and for the | 25 | | needed care of minor, unemancipated children of women |
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| 1 | | undergoing residential drug treatment. If the Department of | 2 | | Human Services grants funds to a municipality or a county that | 3 | | the Department determines is not experiencing a healthcare | 4 | | need of problem with pregnant women with a substance use | 5 | | disorder addicted to alcohol, cannabis, or controlled | 6 | | substances , or with care for minor, unemancipated children of | 7 | | women undergoing residential drug treatment, or intervention, | 8 | | the funds shall be used for the treatment of any person with a | 9 | | substance use disorder addicted to alcohol, cannabis, or | 10 | | controlled substances . The Department may adopt such rules as | 11 | | it deems appropriate for the administration of such grants. | 12 | | (i) (Blank). | 13 | | (Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19; | 14 | | 101-81, eff. 7-12-19.) | 15 | | (720 ILCS 570/413) (from Ch. 56 1/2, par. 1413) | 16 | | Sec. 413. (a) Twelve and one-half percent of all amounts | 17 | | collected as fines pursuant to the provisions of this Article | 18 | | shall be paid into the Youth Drug Abuse Prevention Fund, which | 19 | | is hereby created in the State treasury, to be used by the | 20 | | Department for the funding of programs and services for | 21 | | substance use disorder drug-abuse treatment, and prevention | 22 | | and education services, for juveniles. | 23 | | (b) Eighty-seven and one-half percent of the proceeds of | 24 | | all fines received under the provisions of this Article shall | 25 | | be transmitted to and deposited in the treasurer's office at |
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| 1 | | the level of government as follows: | 2 | | (1) If such seizure was made by a combination of law | 3 | | enforcement personnel representing differing units of | 4 | | local government, the court levying the fine shall | 5 | | equitably allocate 50% of the fine among these units of | 6 | | local government and shall allocate 37 1/2% to the county | 7 | | general corporate fund. In the event that the seizure was | 8 | | made by law enforcement personnel representing a unit of | 9 | | local government from a municipality where the number of | 10 | | inhabitants exceeds 2 million in population, the court | 11 | | levying the fine shall allocate 87 1/2% of the fine to that | 12 | | unit of local government. If the seizure was made by a | 13 | | combination of law enforcement personnel representing | 14 | | differing units of local government, and at least one of | 15 | | those units represents a municipality where the number of | 16 | | inhabitants exceeds 2 million in population, the court | 17 | | shall equitably allocate 87 1/2% of the proceeds of the | 18 | | fines received among the differing units of local | 19 | | government. | 20 | | (2) If such seizure was made by State law enforcement | 21 | | personnel, then the court shall allocate 37 1/2% to the | 22 | | State treasury and 50% to the county general corporate | 23 | | fund. | 24 | | (3) If a State law enforcement agency in combination | 25 | | with a law enforcement agency or agencies of a unit or | 26 | | units of local government conducted the seizure, the court |
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| 1 | | shall equitably allocate 37 1/2% of the fines to or among | 2 | | the law enforcement agency or agencies of the unit or | 3 | | units of local government which conducted the seizure and | 4 | | shall allocate 50% to the county general corporate fund. | 5 | | (c) The proceeds of all fines allocated to the law | 6 | | enforcement agency or agencies of the unit or units of local | 7 | | government pursuant to subsection (b) shall be made available | 8 | | to that law enforcement agency as expendable receipts for use | 9 | | in the enforcement of laws regulating cannabis, | 10 | | methamphetamine, and other controlled substances. The proceeds | 11 | | of fines awarded to the State treasury shall be deposited in a | 12 | | special fund known as the Drug Traffic Prevention Fund, except | 13 | | that amounts distributed to the Secretary of State shall be | 14 | | deposited into the Secretary of State Evidence Fund to be used | 15 | | as provided in Section 2-115 of the Illinois Vehicle Code. | 16 | | Monies from this fund may be used by the Illinois State Police | 17 | | or use in the enforcement of laws regulating cannabis, | 18 | | methamphetamine, and other controlled substances; to satisfy | 19 | | funding provisions of the Intergovernmental Drug Laws | 20 | | Enforcement Act; to defray costs and expenses associated with | 21 | | returning violators of the Cannabis Control Act and this Act | 22 | | only, as provided in those Acts, when punishment of the crime | 23 | | shall be confinement of the criminal in the penitentiary; and | 24 | | all other monies shall be paid into the general revenue fund in | 25 | | the State treasury. | 26 | | (Source: P.A. 97-334, eff. 1-1-12.) |
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| 1 | | (720 ILCS 570/504) (from Ch. 56 1/2, par. 1504) | 2 | | Sec. 504. (a) The Director and the Secretary of the | 3 | | Department of Financial and Professional Regulation shall each | 4 | | cooperate with Federal agencies and other State agencies in | 5 | | discharging his or her responsibilities concerning traffic in | 6 | | controlled substances and in suppressing the misuse and abuse | 7 | | of controlled substances. To this end he or she may: | 8 | | (1) arrange for the exchange of information among | 9 | | governmental officials concerning the use and misuse , | 10 | | misuse and abuse of controlled substances; | 11 | | (2) coordinate and cooperate in training programs | 12 | | concerning controlled substance law enforcement at local | 13 | | and State levels; | 14 | | (3) cooperate with the federal Drug Enforcement | 15 | | Administration or its successor agency; and | 16 | | (4) conduct programs of eradication aimed at | 17 | | destroying wild illicit growth of plant species from which | 18 | | controlled substances may be extracted. | 19 | | (b) Results, information, and evidence received from the | 20 | | Drug Enforcement Administration relating to the regulatory | 21 | | functions of this Act, including results of inspections | 22 | | conducted by it may be relied and acted upon by the Director | 23 | | and the Secretary of the Department of Financial and | 24 | | Professional Regulation in the exercise of their regulatory | 25 | | functions under this Act. |
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| 1 | | (Source: P.A. 97-334, eff. 1-1-12.) | 2 | | (720 ILCS 570/508) (from Ch. 56 1/2, par. 1508) | 3 | | Sec. 508. (a) The Department shall encourage research on | 4 | | controlled substances. In connection with the research, and in | 5 | | furtherance of the purposes of this Act, the Department may: | 6 | | (1) establish methods to assess accurately the effect | 7 | | of controlled substances and identify and characterize | 8 | | those with potential for misuse abuse ; | 9 | | (2) make studies and undertake programs of research | 10 | | to: | 11 | | (i) develop new or improved approaches, | 12 | | techniques, systems, equipment and devices to | 13 | | strengthen the enforcement of this Act; | 14 | | (ii) determine patterns of use and misuse , misuse, | 15 | | and abuse of controlled substances and their social | 16 | | effects; and | 17 | | (iii) improve methods for preventing, predicting, | 18 | | understanding, and dealing with the use and misuse , | 19 | | misuse and abuse of controlled substances; and | 20 | | (3) enter into contracts with public agencies, | 21 | | educational institutions, and private organizations or | 22 | | individuals for the purpose of conducting research, | 23 | | demonstrations, or special projects which relate to the | 24 | | use and misuse , misuse and abuse of controlled substances. | 25 | | (b) Persons authorized to engage in research may be |
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| 1 | | authorized by the Department to protect the privacy of | 2 | | individuals who are the subjects of such research by | 3 | | withholding from all persons not connected with the conduct of | 4 | | the research the names and other identifying characteristics | 5 | | of such individuals. Persons who are given this authorization | 6 | | shall not be compelled in any civil, criminal, administrative, | 7 | | legislative or other proceeding to identify the individuals | 8 | | who are the subjects of research for which the authorization | 9 | | was granted, except to the extent necessary to permit the | 10 | | Department to determine whether the research is being | 11 | | conducted in accordance with the authorization. | 12 | | (c) The Department may authorize the possession and | 13 | | dispensing of controlled substances by persons engaged in | 14 | | research, upon such terms and conditions as may be consistent | 15 | | with the public health and safety. The Department may also | 16 | | approve research and treatment programs involving the | 17 | | administration of Methadone. The use of Methadone, or any | 18 | | similar controlled substance by any person is prohibited in | 19 | | this State except as approved and authorized by the Department | 20 | | in accordance with its rules and regulations. To the extent of | 21 | | the applicable authorization, persons are exempt from | 22 | | prosecution in this State for possession, manufacture or | 23 | | delivery of controlled substances. | 24 | | (d) Practitioners registered under Federal law to conduct | 25 | | research with Schedule I substances may conduct research with | 26 | | Schedule I substances within this State upon furnishing |
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| 1 | | evidence of that Federal registration and notification of the | 2 | | scope and purpose of such research to the Department. | 3 | | (Source: P.A. 96-328, eff. 8-11-09.) | 4 | | (720 ILCS 570/509) (from Ch. 56 1/2, par. 1509) | 5 | | Sec. 509. Whenever any court in this State grants | 6 | | probation to any person that the court has reason to believe is | 7 | | or has a substance use disorder been an addict or unlawful | 8 | | possessor of controlled substances, the court shall require, | 9 | | as a condition of probation, that the probationer submit to | 10 | | periodic tests by the Department of Corrections to determine | 11 | | by means of appropriate chemical detection tests whether the | 12 | | probationer is using controlled substances. The court may | 13 | | require as a condition of probation that the probationer enter | 14 | | an approved treatment program, if the court determines that | 15 | | the probationer has a substance use disorder of is addicted to | 16 | | a controlled substance. Whenever the Prisoner Review Board | 17 | | grants parole or the Department of Juvenile Justice grants | 18 | | aftercare release to a person believed to have been an | 19 | | unlawful possessor or person with a substance use disorder | 20 | | addict of controlled substances , the Board or Department shall | 21 | | require as a condition of parole or aftercare release that the | 22 | | parolee or aftercare releasee submit to appropriate periodic | 23 | | chemical tests by the Department of Corrections or the | 24 | | Department of Juvenile Justice to determine whether the | 25 | | parolee or aftercare releasee is using controlled substances. |
| | | SB0647 Enrolled | - 99 - | LRB103 03100 RJT 48106 b |
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| 1 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .) | 2 | | Section 99. Effective date. This Section and Section 10 | 3 | | take effect upon becoming law. |
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