Illinois General Assembly - Full Text of Public Act 099-0163
Illinois General Assembly

Previous General Assemblies

Public Act 099-0163


 

Public Act 0163 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0163
 
SB0689 EnrolledLRB099 02679 RLC 22686 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Pharmacy Practice Act is amended by changing
Section 16b as follows:
 
    (225 ILCS 85/16b)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 16b. Prescription pick up and drop off. Nothing
contained in this Act shall prohibit a pharmacist or pharmacy,
by means of its employee or by use of a common carrier or the
U.S. mail, at the request of the patient, from picking up
prescription orders from the prescriber or delivering
prescription drugs to the patient or the patient's agent,
including an advanced practice nurse, practical nurse, or
registered nurse licensed under the Nurse Practice Act, or a
physician assistant licensed under the Physician Assistant
Practice Act of 1987, who provides hospice services to a
hospice patient or who provides home health services to a
person, at the residence or place of employment of the person
for whom the prescription was issued or at the hospital or
medical care facility in which the patient is confined.
Conversely, the patient or patient's agent may drop off
prescriptions at a designated area. In this Section, "home
health services" has the meaning ascribed to it in the Home
Health, Home Services, and Home Nursing Agency Licensing Act;
and "hospice patient" and "hospice services" have the meanings
ascribed to them in the Hospice Program Licensing Act.
(Source: P.A. 95-689, eff. 10-29-07.)
 
    Section 10. The Illinois Controlled Substances Act is
amended by changing Section 302 as follows:
 
    (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
    Sec. 302. (a) Every person who manufactures, distributes,
or dispenses any controlled substances, or engages in chemical
analysis, and instructional activities which utilize
controlled substances, or who purchases, stores, or
administers euthanasia drugs, within this State or who proposes
to engage in the manufacture, distribution, or dispensing of
any controlled substance, or to engage in chemical analysis,
and instructional activities which utilize controlled
substances, or to engage in purchasing, storing, or
administering euthanasia drugs, within this State, must obtain
a registration issued by the Department of Financial and
Professional Regulation in accordance with its rules. The rules
shall include, but not be limited to, setting the expiration
date and renewal period for each registration under this Act.
The Department, any facility or service licensed by the
Department, and any veterinary hospital or clinic operated by a
veterinarian or veterinarians licensed under the Veterinary
Medicine and Surgery Practice Act of 2004 or maintained by a
State-supported or publicly funded university or college shall
be exempt from the regulation requirements of this Section;
however, such exemption shall not operate to bar the University
of Illinois from requesting, nor the Department of Financial
and Professional Regulation from issuing, a registration to the
University of Illinois Veterinary Teaching Hospital under this
Act. Neither a request for such registration nor the issuance
of such registration to the University of Illinois shall
operate to otherwise waive or modify the exemption provided in
this subsection (a).
    (b) Persons registered by the Department of Financial and
Professional Regulation under this Act to manufacture,
distribute, or dispense controlled substances, or purchase,
store, or administer euthanasia drugs, may possess,
manufacture, distribute, or dispense those substances, or
purchase, store, or administer euthanasia drugs, to the extent
authorized by their registration and in conformity with the
other provisions of this Article.
    (c) The following persons need not register and may
lawfully possess controlled substances under this Act:
        (1) an agent or employee of any registered
    manufacturer, distributor, or dispenser of any controlled
    substance if he or she is acting in the usual course of his
    or her employer's lawful business or employment;
        (2) a common or contract carrier or warehouseman, or an
    agent or employee thereof, whose possession of any
    controlled substance is in the usual lawful course of such
    business or employment;
        (3) an ultimate user or a person in possession of a
    controlled substance prescribed for the ultimate user
    under a lawful prescription of a practitioner, including an
    advanced practice nurse, practical nurse, or registered
    nurse licensed under the Nurse Practice Act, or a physician
    assistant licensed under the Physician Assistant Practice
    Act of 1987, who provides hospice services to a hospice
    patient or who provides home health services to a person,
    or a person in possession of any controlled substance
    pursuant to a lawful prescription of a practitioner or in
    lawful possession of a Schedule V substance. In this
    Section, "home health services" has the meaning ascribed to
    it in the Home Health, Home Services, and Home Nursing
    Agency Licensing Act; and "hospice patient" and "hospice
    services" have the meanings ascribed to them in the Hospice
    Program Licensing Act;
        (4) officers and employees of this State or of the
    United States while acting in the lawful course of their
    official duties which requires possession of controlled
    substances;
        (5) a registered pharmacist who is employed in, or the
    owner of, a pharmacy licensed under this Act and the
    Federal Controlled Substances Act, at the licensed
    location, or if he or she is acting in the usual course of
    his or her lawful profession, business, or employment.
    (d) A separate registration is required at each place of
business or professional practice where the applicant
manufactures, distributes, or dispenses controlled substances,
or purchases, stores, or administers euthanasia drugs. Persons
are required to obtain a separate registration for each place
of business or professional practice where controlled
substances are located or stored. A separate registration is
not required for every location at which a controlled substance
may be prescribed.
    (e) The Department of Financial and Professional
Regulation or the Illinois State Police may inspect the
controlled premises, as defined in Section 502 of this Act, of
a registrant or applicant for registration in accordance with
this Act and the rules promulgated hereunder and with regard to
persons licensed by the Department, in accordance with
subsection (bb) of Section 30-5 of the Alcoholism and Other
Drug Abuse and Dependency Act and the rules and regulations
promulgated thereunder.
(Source: P.A. 96-219, eff. 8-10-09; 97-126, eff. 7-14-11;
97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)

Effective Date: 1/1/2016