Illinois General Assembly - Full Text of SB0689
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Full Text of SB0689  99th General Assembly




SB0689 EnrolledLRB099 02679 RLC 22686 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Pharmacy Practice Act is amended by changing
5Section 16b as follows:
6    (225 ILCS 85/16b)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 16b. Prescription pick up and drop off. Nothing
9contained in this Act shall prohibit a pharmacist or pharmacy,
10by means of its employee or by use of a common carrier or the
11U.S. mail, at the request of the patient, from picking up
12prescription orders from the prescriber or delivering
13prescription drugs to the patient or the patient's agent,
14including an advanced practice nurse, practical nurse, or
15registered nurse licensed under the Nurse Practice Act, or a
16physician assistant licensed under the Physician Assistant
17Practice Act of 1987, who provides hospice services to a
18hospice patient or who provides home health services to a
19person, at the residence or place of employment of the person
20for whom the prescription was issued or at the hospital or
21medical care facility in which the patient is confined.
22Conversely, the patient or patient's agent may drop off
23prescriptions at a designated area. In this Section, "home



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1health services" has the meaning ascribed to it in the Home
2Health, Home Services, and Home Nursing Agency Licensing Act;
3and "hospice patient" and "hospice services" have the meanings
4ascribed to them in the Hospice Program Licensing Act.
5(Source: P.A. 95-689, eff. 10-29-07.)
6    Section 10. The Illinois Controlled Substances Act is
7amended by changing Section 302 as follows:
8    (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
9    Sec. 302. (a) Every person who manufactures, distributes,
10or dispenses any controlled substances, or engages in chemical
11analysis, and instructional activities which utilize
12controlled substances, or who purchases, stores, or
13administers euthanasia drugs, within this State or who proposes
14to engage in the manufacture, distribution, or dispensing of
15any controlled substance, or to engage in chemical analysis,
16and instructional activities which utilize controlled
17substances, or to engage in purchasing, storing, or
18administering euthanasia drugs, within this State, must obtain
19a registration issued by the Department of Financial and
20Professional Regulation in accordance with its rules. The rules
21shall include, but not be limited to, setting the expiration
22date and renewal period for each registration under this Act.
23The Department, any facility or service licensed by the
24Department, and any veterinary hospital or clinic operated by a



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1veterinarian or veterinarians licensed under the Veterinary
2Medicine and Surgery Practice Act of 2004 or maintained by a
3State-supported or publicly funded university or college shall
4be exempt from the regulation requirements of this Section;
5however, such exemption shall not operate to bar the University
6of Illinois from requesting, nor the Department of Financial
7and Professional Regulation from issuing, a registration to the
8University of Illinois Veterinary Teaching Hospital under this
9Act. Neither a request for such registration nor the issuance
10of such registration to the University of Illinois shall
11operate to otherwise waive or modify the exemption provided in
12this subsection (a).
13    (b) Persons registered by the Department of Financial and
14Professional Regulation under this Act to manufacture,
15distribute, or dispense controlled substances, or purchase,
16store, or administer euthanasia drugs, may possess,
17manufacture, distribute, or dispense those substances, or
18purchase, store, or administer euthanasia drugs, to the extent
19authorized by their registration and in conformity with the
20other provisions of this Article.
21    (c) The following persons need not register and may
22lawfully possess controlled substances under this Act:
23        (1) an agent or employee of any registered
24    manufacturer, distributor, or dispenser of any controlled
25    substance if he or she is acting in the usual course of his
26    or her employer's lawful business or employment;



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1        (2) a common or contract carrier or warehouseman, or an
2    agent or employee thereof, whose possession of any
3    controlled substance is in the usual lawful course of such
4    business or employment;
5        (3) an ultimate user or a person in possession of a
6    controlled substance prescribed for the ultimate user
7    under a lawful prescription of a practitioner, including an
8    advanced practice nurse, practical nurse, or registered
9    nurse licensed under the Nurse Practice Act, or a physician
10    assistant licensed under the Physician Assistant Practice
11    Act of 1987, who provides hospice services to a hospice
12    patient or who provides home health services to a person,
13    or a person in possession of any controlled substance
14    pursuant to a lawful prescription of a practitioner or in
15    lawful possession of a Schedule V substance. In this
16    Section, "home health services" has the meaning ascribed to
17    it in the Home Health, Home Services, and Home Nursing
18    Agency Licensing Act; and "hospice patient" and "hospice
19    services" have the meanings ascribed to them in the Hospice
20    Program Licensing Act;
21        (4) officers and employees of this State or of the
22    United States while acting in the lawful course of their
23    official duties which requires possession of controlled
24    substances;
25        (5) a registered pharmacist who is employed in, or the
26    owner of, a pharmacy licensed under this Act and the



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1    Federal Controlled Substances Act, at the licensed
2    location, or if he or she is acting in the usual course of
3    his or her lawful profession, business, or employment.
4    (d) A separate registration is required at each place of
5business or professional practice where the applicant
6manufactures, distributes, or dispenses controlled substances,
7or purchases, stores, or administers euthanasia drugs. Persons
8are required to obtain a separate registration for each place
9of business or professional practice where controlled
10substances are located or stored. A separate registration is
11not required for every location at which a controlled substance
12may be prescribed.
13    (e) The Department of Financial and Professional
14Regulation or the Illinois State Police may inspect the
15controlled premises, as defined in Section 502 of this Act, of
16a registrant or applicant for registration in accordance with
17this Act and the rules promulgated hereunder and with regard to
18persons licensed by the Department, in accordance with
19subsection (bb) of Section 30-5 of the Alcoholism and Other
20Drug Abuse and Dependency Act and the rules and regulations
21promulgated thereunder.
22(Source: P.A. 96-219, eff. 8-10-09; 97-126, eff. 7-14-11;
2397-334, eff. 1-1-12; 97-813, eff. 7-13-12.)