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Public Act 096-0166
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| HB0488 Enrolled |
LRB096 04248 RLC 14294 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Controlled Substances Act is |
amended by changing Section 312 as follows:
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(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
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Sec. 312. Requirements for dispensing controlled |
substances.
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(a) A practitioner, in good faith, may dispense a Schedule
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II controlled substance, which is a narcotic drug listed in |
Section 206
of this Act; or which contains any quantity of |
amphetamine or
methamphetamine, their salts, optical isomers |
or salts of optical
isomers; phenmetrazine and its salts; or |
pentazocine; and Schedule III, IV, or V controlled substances
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to any person upon
a written prescription of any prescriber, |
dated and signed
by the
person prescribing on the day when |
issued and bearing the name and
address of the patient for |
whom, or the owner of the animal for which
the controlled |
substance is dispensed, and the full name, address and
registry |
number under the laws of the United States relating to
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controlled substances of the prescriber, if he is
required by
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those laws to be registered. If the prescription is for an |
animal it
shall state the species of animal for which it is |
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ordered. The
practitioner filling the prescription shall write |
the date of filling
and his own signature on the face of the |
written prescription.
The written prescription shall be
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retained on file by the practitioner who filled it or pharmacy |
in which
the prescription was filled for a period of 2 years, |
so as to be readily
accessible for inspection or removal by any |
officer or employee engaged
in the enforcement of this Act. |
Whenever the practitioner's or
pharmacy's copy of any |
prescription is removed by an officer or
employee engaged in |
the enforcement of this Act, for the purpose of
investigation |
or as evidence, such officer or employee shall give to the
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practitioner or pharmacy a receipt in lieu thereof. A |
prescription
for a Schedule II controlled substance shall not |
be filled more than 90 7 days
after the date of issuance. A |
written prescription for Schedule III, IV or
V controlled |
substances shall not be filled or refilled more than 6 months
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after the date thereof or refilled more than 5 times unless |
renewed, in
writing, by the prescriber.
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(b) In lieu of a written prescription required by this |
Section, a
pharmacist, in good faith, may dispense Schedule |
III, IV, or V
substances to any person either upon receiving a |
facsimile of a written,
signed prescription transmitted by the |
prescriber or the prescriber's agent
or upon a lawful oral |
prescription of a
prescriber which oral prescription shall be |
reduced
promptly to
writing by the pharmacist and such written |
memorandum thereof shall be
dated on the day when such oral |
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prescription is received by the
pharmacist and shall bear the |
full name and address of the ultimate user
for whom, or of the |
owner of the animal for which the controlled
substance is |
dispensed, and the full name, address, and registry number
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under the law of the United States relating to controlled |
substances of
the prescriber prescribing if he is required by |
those laws
to be so
registered, and the pharmacist filling such |
oral prescription shall
write the date of filling and his own |
signature on the face of such
written memorandum thereof. The |
facsimile copy of the prescription or
written memorandum of the |
oral
prescription shall be retained on file by the proprietor |
of the pharmacy
in which it is filled for a period of not less |
than two years, so as to
be readily accessible for inspection |
by any officer or employee engaged
in the enforcement of this |
Act in the same manner as a written
prescription. The facsimile |
copy of the prescription or oral prescription
and the written |
memorandum thereof
shall not be filled or refilled more than 6 |
months after the date
thereof or be refilled more than 5 times, |
unless renewed, in writing, by
the prescriber.
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(c) Except for any non-prescription targeted |
methamphetamine precursor regulated by the Methamphetamine |
Precursor Control Act, a
controlled substance included in |
Schedule V shall not be
distributed or dispensed other than for |
a medical purpose and not for
the purpose of evading this Act, |
and then:
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(1) only personally by a person registered to dispense |
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a Schedule V
controlled substance and then only to his |
patients, or
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(2) only personally by a pharmacist, and then only to a |
person over
21 years of age who has identified himself to |
the pharmacist by means of
2 positive documents of |
identification.
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(3) the dispenser shall record the name and address of |
the
purchaser, the name and quantity of the product, the |
date and time of
the sale, and the dispenser's signature.
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(4) no person shall purchase or be dispensed more than |
120
milliliters or more than 120 grams of any Schedule V |
substance which
contains codeine, dihydrocodeine, or any |
salts thereof, or
ethylmorphine, or any salts thereof, in |
any 96 hour period. The
purchaser shall sign a form, |
approved by the Department of Professional
Regulation, |
attesting that he has not purchased any Schedule V
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controlled substances within the immediately preceding 96 |
hours.
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(5) a copy of the records of sale, including all |
information
required by paragraph (3), shall be forwarded |
to the Department of
Professional Regulation at its |
principal office by the 15th day of the following month.
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(6) all records of purchases and sales shall be |
maintained for not
less than 2 years.
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(7) no person shall obtain or attempt to obtain within |
any
consecutive 96 hour period any Schedule V substances of |
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more than 120
milliliters or more than 120 grams containing |
codeine, dihydrocodeine or
any of its salts, or |
ethylmorphine or any of its salts. Any person
obtaining any |
such preparations or combination of preparations in excess
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of this limitation shall be in unlawful possession of such |
controlled
substance.
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(8) a person qualified to dispense controlled |
substances under this
Act and registered thereunder shall |
at no time maintain or keep in stock
a quantity of Schedule |
V controlled substances defined and listed in
Section 212 |
(b) (1), (2) or (3) in excess of 4.5 liters for each
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substance; a pharmacy shall at no time maintain or keep in |
stock a
quantity of Schedule V controlled substances as |
defined in excess of 4.5
liters for each substance, plus |
the additional quantity of controlled
substances necessary |
to fill the largest number of prescription orders
filled by |
that pharmacy for such controlled substances in any one |
week
in the previous year. These limitations shall not |
apply to Schedule V
controlled substances which Federal law |
prohibits from being dispensed
without a prescription.
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(9) no person shall distribute or dispense butyl |
nitrite for
inhalation or other introduction into the human |
body for euphoric or
physical effect.
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(d) Every practitioner shall keep a record of controlled |
substances
received by him and a record of all such controlled |
substances
administered, dispensed or professionally used by |
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him otherwise than by
prescription. It shall, however, be |
sufficient compliance with this
paragraph if any practitioner |
utilizing controlled substances listed in
Schedules III, IV and |
V shall keep a record of all those substances
dispensed and |
distributed by him other than those controlled substances
which |
are administered by the direct application of a controlled
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substance, whether by injection, inhalation, ingestion, or any |
other
means to the body of a patient or research subject. A |
practitioner who
dispenses, other than by administering, a |
controlled substance in
Schedule II, which is a narcotic drug |
listed in Section 206 of this Act,
or which contains any |
quantity of amphetamine or methamphetamine, their
salts, |
optical isomers or salts of optical isomers, pentazocine, or
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methaqualone shall do so only upon
the issuance of a written |
prescription blank by a
prescriber.
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(e) Whenever a manufacturer distributes a controlled |
substance in a
package prepared by him, and whenever a |
wholesale distributor
distributes a controlled substance in a |
package prepared by him or the
manufacturer, he shall securely |
affix to each package in which that
substance is contained a |
label showing in legible English the name and
address of the |
manufacturer, the distributor and the quantity, kind and
form |
of controlled substance contained therein. No person except a
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pharmacist and only for the purposes of filling a prescription |
under
this Act, shall alter, deface or remove any label so |
affixed.
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(f) Whenever a practitioner dispenses any controlled |
substance except a non-prescription targeted methamphetamine |
precursor regulated by the Methamphetamine Precursor Control |
Act, he
shall affix to the container in which such substance is |
sold or
dispensed, a label indicating the date of initial |
filling, the practitioner's
name and address, the name
of the |
patient, the name of the prescriber,
the directions
for use and |
cautionary statements, if any, contained in any prescription
or |
required by law, the proprietary name or names or the |
established name
of the controlled substance, and the dosage |
and quantity, except as otherwise
authorized by regulation by |
the Department of Professional Regulation. No
person shall |
alter, deface or remove any label so affixed.
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(g) A person to whom or for whose use any controlled |
substance has
been prescribed or dispensed by a practitioner, |
or other persons
authorized under this Act, and the owner of |
any animal for which such
substance has been prescribed or |
dispensed by a veterinarian, may
lawfully possess such |
substance only in the container in which it was
delivered to |
him by the person dispensing such substance.
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(h) The responsibility for the proper prescribing or |
dispensing of
controlled substances is upon the prescriber and |
the responsibility for
the proper filling of a prescription for |
controlled substance drugs
rests with the pharmacist. An order |
purporting to be a prescription
issued to any individual, which |
is not in the regular course of
professional treatment nor part |
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of an authorized methadone maintenance
program, nor in |
legitimate and authorized research instituted by any
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accredited hospital, educational institution, charitable |
foundation, or
federal, state or local governmental agency, and |
which is intended to
provide that individual with controlled |
substances sufficient to
maintain that individual's or any |
other individual's physical or
psychological addiction, |
habitual or customary use, dependence, or
diversion of that |
controlled substance is not a prescription within the
meaning |
and intent of this Act; and the person issuing it, shall be
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subject to the penalties provided for violations of the law |
relating to
controlled substances.
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(i) A prescriber shall not preprint or cause to be
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preprinted a
prescription for any controlled substance; nor |
shall any practitioner
issue, fill or cause to be issued or |
filled, a preprinted prescription
for any controlled |
substance.
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(j) No person shall manufacture, dispense, deliver, |
possess with
intent to deliver, prescribe, or administer or |
cause to be administered
under his direction any anabolic |
steroid, for any use in humans other than
the treatment of |
disease in accordance with the order of a physician licensed
to |
practice medicine in all its branches for a
valid medical |
purpose in the course of professional practice. The use of
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anabolic steroids for the purpose of hormonal manipulation that |
is intended
to increase muscle mass, strength or weight without |