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Public Act 91-0714
HB2574 Enrolled LRB9104866DJcd
AN ACT to amend the Illinois Controlled Substances Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Controlled Substances Act is
amended by changing Sections 102, 201, 204, 206, 208, 210,
214, 309, 312, 313, and 316 and adding Section 217 as
follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Addict" means any person who habitually uses any
drug, chemical, substance or dangerous drug other than
alcohol so as to endanger the public morals, health, safety
or welfare or who is so far addicted to the use of a
dangerous drug or controlled substance other than alcohol as
to have lost the power of self control with reference to his
addiction.
(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient or
research subject by:
(1) a practitioner (or, in his presence, by his
authorized agent), or
(2) the patient or research subject at the lawful
direction of the practitioner.
(c) "Agent" means an authorized person who acts on
behalf of or at the direction of a manufacturer, distributor,
or dispenser. It does not include a common or contract
carrier, public warehouseman or employee of the carrier or
warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins, and
corticosteroids) that promotes muscle growth, and includes:
(i) boldenone,
(ii) chlorotestosterone,
(iii) chostebol,
(iv) dehydrochlormethyltestosterone,
(v) dihydrotestosterone,
(vi) drostanolone,
(vii) ethylestrenol,
(viii) fluoxymesterone,
(ix) formebulone,
(x) mesterolone,
(xi) methandienone,
(xii) methandranone,
(xiii) methandriol,
(xiv) methandrostenolone,
(xv) methenolone,
(xvi) methyltestosterone,
(xvii) mibolerone,
(xviii) nandrolone,
(xix) norethandrolone,
(xx) oxandrolone,
(xxi) oxymesterone,
(xxii) oxymetholone,
(xxiii) stanolone,
(xxiv) stanozolol,
(xxv) testolactone,
(xxvi) testosterone,
(xxvii) trenbolone, and
(xxviii) any salt, ester, or isomer of a drug
or substance described or listed in this paragraph,
if that salt, ester, or isomer promotes muscle
growth.
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be
administered through implants to livestock or other nonhuman
species, and which is approved by the Secretary of Health and
Human Services for such administration, and which the person
intends to administer or have administered through such
implants, shall not be considered to be in unauthorized
possession or to unlawfully manufacture, distribute,
dispense, deliver, or possess with intent to deliver such
anabolic steroid for purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule under Article II of this
Act whether by transfer from another Schedule or otherwise.
(f) "Controlled Substance" means a drug, substance, or
immediate precursor in the Schedules of Article II of this
Act.
(g) "Counterfeit substance" means a controlled
substance, which, or the container or labeling of which,
without authorization bears the trademark, trade name, or
other identifying mark, imprint, number or device, or any
likeness thereof, of a manufacturer, distributor, or
dispenser other than the person who in fact manufactured,
distributed, or dispensed the substance.
(h) "Deliver" or "delivery" means the actual,
constructive or attempted transfer of possession of a
controlled substance, with or without consideration, whether
or not there is an agency relationship.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) "Department of State Police" means the Department of
State Police of the State of Illinois or its successor
agency.
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Professional Regulation" means the
Department of Professional Regulation of the State of
Illinois or its successor agency.
(m) "Depressant" or "stimulant substance" means:
(1) a drug which contains any quantity of (i)
barbituric acid or any of the salts of barbituric acid
which has been designated as habit forming under section
502 (d) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 352 (d)); or
(2) a drug which contains any quantity of (i)
amphetamine or methamphetamine and any of their optical
isomers; (ii) any salt of amphetamine or methamphetamine
or any salt of an optical isomer of amphetamine; or (iii)
any substance which the Department, after investigation,
has found to be, and by rule designated as, habit forming
because of its depressant or stimulant effect on the
central nervous system; or
(3) lysergic acid diethylamide; or
(4) any drug which contains any quantity of a
substance which the Department, after investigation, has
found to have, and by rule designated as having, a
potential for abuse because of its depressant or
stimulant effect on the central nervous system or its
hallucinogenic effect.
(n) (Blank). "Designated product" means any narcotic
drug, amphetamine, phenmetrazine, methamphetamine,
gluthethimide, pentazocine or cannabis product listed in
Schedule II and also means a controlled substance listed in
Schedule II which is determined and designated by the
Department or its successor agency to be such a product. A
designated product shall only be dispensed upon an official
prescription blank.
(o) "Director" means the Director of the Department of
State Police or the Department of Professional Regulation or
his designated agents.
(p) "Dispense" means to deliver a controlled substance
to an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in
the official United States Pharmacopoeia, Official
Homeopathic Pharmacopoeia of the United States, or official
National Formulary, or any supplement to any of them; (2)
substances intended for use in diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; (3)
substances (other than food) intended to affect the structure
of any function of the body of man or animals and (4)
substances intended for use as a component of any article
specified in clause (1), (2), or (3) of this subsection. It
does not include devices or their components, parts, or
accessories.
(u) "Good faith" means the prescribing or dispensing of
a controlled substance by a practitioner in the regular
course of professional treatment to or for any person who is
under his treatment for a pathology or condition other than
that individual's physical or psychological dependence upon
or addiction to a controlled substance, except as provided
herein: and application of the term to a pharmacist shall
mean the dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to
the following, in making the judgment:
(1) lack of consistency of doctor-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages,
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-1) "Home infusion services" means services provided
by a pharmacy in compounding solutions for direct
administration to a patient in a private residence, long-term
care facility, or hospice setting by means of parenteral,
intravenous, intramuscular, subcutaneous, or intraspinal
infusion.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by
rule designated as being a principal compound used, or
produced primarily for use, in the manufacture of a
controlled substance;
(2) which is an immediate chemical intermediary
used or likely to be used in the manufacture of such
controlled substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(w) "Instructional activities" means the acts of
teaching, educating or instructing by practitioners using
controlled substances within educational facilities approved
by the State Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than
a controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying
physical characteristic of the substance, would lead a
reasonable person to believe that the substance is a
controlled substance, or (2) is expressly or impliedly
represented to be a controlled substance or is distributed
under circumstances which would lead a reasonable person to
believe that the substance is a controlled substance. For the
purpose of determining whether the representations made or
the circumstances of the distribution would lead a reasonable
person to believe the substance to be a controlled substance
under this clause (2) of subsection (y), the court or other
authority may consider the following factors in addition to
any other factor that may be relevant:
(a) statements made by the owner or person in
control of the substance concerning its nature, use or
effect;
(b) statements made to the buyer or recipient that
the substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(d) whether the distribution or attempted
distribution included an exchange of or demand for money
or other property as consideration, and whether the
amount of the consideration was substantially greater
than the reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing
or distributing of noncontrolled substances by persons
authorized to dispense and distribute controlled substances
under this Act, provided that such action would be deemed to
be carried out in good faith under subsection (u) if the
substances involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits
the manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug
or drugs by any person registered pursuant to Section 510 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois,
that delivers, dispenses or distributes, through the United
States Postal Service or other common carrier, to Illinois
residents, any substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance, either directly or indirectly, by
extraction from substances of natural origin, or
independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and
includes any packaging or repackaging of the substance or
labeling of its container, except that this term does not
include:
(1) by an ultimate user, the preparation or
compounding of a controlled substance for his own use; or
(2) by a practitioner, or his authorized agent
under his supervision, the preparation, compounding,
packaging, or labeling of a controlled substance:
(a) as an incident to his administering or
dispensing of a controlled substance in the course
of his professional practice; or
(b) as an incident to lawful research,
teaching or chemical analysis and not for sale.
(z-1) "Methamphetamine manufacturing chemical" means any
of the following chemicals or substances containing any of
the following chemicals: benzyl methyl ketone, ephedrine,
methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or
pseudoephedrine or any of the salts, optical isomers, or
salts of optical isomers of the above-listed chemicals.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) opium and opiate, and any salt, compound,
derivative, or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative, or
preparation thereof which is chemically equivalent or
identical with any of the substances referred to in
clause (1), but not including the isoquinoline alkaloids
of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salts, compound, isomer,
salt of an isomer, derivative, or preparation of coca
leaves including cocaine or ecgonine, and any salt,
compound, isomer, derivative, or preparation thereof
which is chemically equivalent or identical with any of
these substances, but not including decocainized coca
leaves or extractions of coca leaves which do not contain
cocaine or ecgonine (for the purpose of this paragraph,
the term "isomer" includes optical, positional and
geometric isomers).
(bb) "Nurse" means a registered nurse licensed under the
Nursing and Advanced Practice Nursing Act.
(cc) (Blank). "Official prescription blanks" means the
triplicate prescription forms supplied to prescribers by the
Department for prescribing Schedule II Designated Product
controlled substances.
(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species
Papaver somniferum L., except its seeds.
(ff) "Parole and Pardon Board" means the Parole and
Pardon Board of the State of Illinois or its successor
agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision
or agency, business trust, estate, trust, partnership or
association, or any other entity.
(hh) "Pharmacist" means any person who holds a
certificate of registration as a registered pharmacist, a
local registered pharmacist or a registered assistant
pharmacist under the Pharmacy Practice Act of 1987.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the
Pharmacy Practice Act of 1987.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to
practice medicine in all its branches, dentist, podiatrist,
veterinarian, scientific investigator, pharmacist, physician
assistant, advanced practice nurse, licensed practical nurse,
registered nurse, hospital, laboratory, or pharmacy, or other
person licensed, registered, or otherwise lawfully permitted
by the United States or this State to distribute, dispense,
conduct research with respect to, administer or use in
teaching or chemical analysis, a controlled substance in the
course of professional practice or research.
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been
indicated prior to the time of issuance.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, podiatrist or
veterinarian who issues a prescription, a physician assistant
who issues a prescription for a Schedule III, IV, or V
controlled substance in accordance with Section 303.05 and
the written guidelines required under Section 7.5 of the
Physician Assistant Practice Act of 1987, or an advanced
practice nurse with prescriptive authority in accordance with
Section 303.05 and a written collaborative agreement under
Sections 15-15 and 15-20 of the Nursing and Advanced Practice
Nursing Act.
(nn) "Prescription" means a lawful written, facsimile,
or verbal order of a physician licensed to practice medicine
in all its branches, dentist, podiatrist or veterinarian for
any controlled substance, of a physician assistant for a
Schedule III, IV, or V controlled substance in accordance
with Section 303.05 and the written guidelines required under
Section 7.5 of the Physician Assistant Practice Act of 1987,
or of an advanced practice nurse who issues a prescription
for a Schedule III, IV, or V controlled substance in
accordance with Section 303.05 and a written collaborative
agreement under Sections 15-15 and 15-20 of the Nursing and
Advanced Practice Nursing Act.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
(rr) "State" includes the State of Illinois and any
state, district, commonwealth, territory, insular possession
thereof, and any area subject to the legal authority of the
United States of America.
(ss) "Ultimate user" means a person who lawfully
possesses a controlled substance for his own use or for the
use of a member of his household or for administering to an
animal owned by him or by a member of his household.
(Source: P.A. 90-116, eff. 7-14-97; 90-742, eff. 8-13-98;
90-818, eff. 3-23-99; 91-403, eff. 1-1-00.)
(720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
Sec. 201. (a) The Department shall carry out the
provisions of this Article. The Department or its successor
agency may add substances to or delete or reschedule all
controlled substances in the Schedules of Sections 204, 206,
208, 210 and 212 of this Act and shall determine "designated
products" as required under Sections 308, 309, 311 and 312 of
this Act. In making a determination regarding the addition,
deletion, or rescheduling of a substance, the Department
shall consider the following:
(1) the actual or relative potential for abuse;
(2) the scientific evidence of its pharmacological
effect, if known;
(3) the state of current scientific knowledge regarding
the substance;
(4) the history and current pattern of abuse;
(5) the scope, duration, and significance of abuse;
(6) the risk to the public health;
(7) the potential of the substance to produce
psychological or physiological dependence;
(8) whether the substance is an immediate precursor of a
substance already controlled under this Article;
(9) the immediate harmful effect in terms of potentially
fatal dosage; and
(10) the long-range effects in terms of permanent health
impairment.
(b) (Blank). In making a determination regarding a
"designated product," the Department shall consider the above
criteria, and in addition shall consider whether use of the
official prescription blank is required to control
significant actual illicit traffic of the substance.
After considering the factors enumerated in subsection
(a) or in the case of making a determination of a "designated
product," the additional factors of subsection (b), the
Department shall publish its determination. If, within 30
days from such publication, a party adversely affected files
with the Department substantial written objections to
inclusion, rescheduling, or deletion of a substance, or to a
determination of a "designated product," the Department shall
publish the substantial written objections and afford all
interested parties an opportunity to be heard. At the
conclusion of the hearing, the Department shall make findings
with respect thereto and issue a rule controlling the
substance if the Department has determined that the substance
has a potential for abuse and submits to the General Assembly
a written report of its findings with respect thereto. Each
such rule adding, deleting or rescheduling a controlled
substance or determining a "designated product" shall then be
submitted to the General Assembly, in the form of a proposed
law amending this Act, and unless the proposed law is adopted
by the General Assembly and enacted into law within 2 years
after the Department has issued the rule, such rule shall
expire and have no further force and effect.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and
the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of "An Act to revise the law
in relation to the General Assembly", approved February 25,
1874, as amended, and filing such additional copies with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of
the State Library Act.
(c) (Blank). If the Department designates a substance
as an immediate precursor, substances which are precursors of
the controlled precursor shall not be subject to control
solely because they are precursors of the controlled
precursor.
(d) If any substance is scheduled designated,
rescheduled, or deleted as a controlled substance under
Federal law and notice thereof is given to the Department,
the Department shall similarly control the substance under
this Act after the expiration of 30 days from publication in
the Federal Register of a final order scheduling designating
a substance as a controlled substance or rescheduling or
deleting a substance, unless within that 30 day period the
Department objects, or a party adversely affected files with
the Department substantial written objections objecting to
inclusion, rescheduling, or deletion. In that case, the
Department shall publish the reasons for objection or the
substantial written objections and afford all interested
parties an opportunity to be heard. At the conclusion of the
hearing, the Department shall publish its decision, by means
of a rule, which shall be final unless altered by statute.
Upon publication of objections by the Department, similar
control under this Act whether by inclusion, rescheduling or
deletion is stayed until the Department publishes its ruling.
(e) The Department shall by rule exclude any
non-narcotic substances from a schedule if such substance
may, under the Federal Food, Drug, and Cosmetic Act, be
lawfully sold over the counter without a prescription.
(f) Dextromethorphan shall not be deemed to be included
in any schedule by reason of enactment of this title unless
controlled after the date of such enactment pursuant to the
foregoing provisions of this section.
(g) Authority to control under this section does not
extend to distilled spirits, wine, malt beverages, or tobacco
as those terms are defined or used in The Liquor Control Act
and the Tobacco Products Tax Act.
(Source: P.A. 84-1438.)
(720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)
Sec. 204. (a) The controlled substances listed in this
Section are included in Schedule I.
(b) Unless specifically excepted or unless listed in
another schedule, any of the following opiates, including
their isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, whenever the existence of such isomers,
esters, ethers and salts is possible within the specific
chemical designation:
(1) Acetylmethadol;
(1.1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-
4-piperidinyl]-N-phenylacetamide);
(2) Allylprodine;
(3) Alphacetylmethadol, except
levo-alphacetylmethadol (also known as levo-alpha-
acetylmethadol, levomethadyl acetate, or LAAM);
(4) Alphameprodine;
(5) Alphamethadol;
(6) Alpha-methylfentanyl
(N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
propanilido) piperidine;
(6.1) Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-
4-piperidinyl]-N-phenylpropanamide);
(7) 1-methyl-4-phenyl-4-proprionoxypiperidine
(MPPP);
(7.1) PEPAP
(1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(8) Benzethidine;
(9) Betacetylmethadol;
(9.1) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl)-
4-piperidinyl]-N-phenylpropanamide);
(10) Betameprodine;
(11) Betamethadol;
(12) Betaprodine;
(13) Clonitazene;
(14) Dextromoramide;
(15) Diampromide;
(16) Diethylthiambutene;
(17) Difenoxin;
(18) Dimenoxadol;
(19) Dimepheptanol;
(20) Dimethylthiambutene;
(21) Dioxaphetylbutyrate;
(22) Dipipanone;
(23) Ethylmethylthiambutene;
(24) Etonitazene;
(25) Etoxeridine;
(26) Furethidine;
(27) Hydroxpethidine;
(28) Ketobemidone;
(29) Levomoramide;
(30) Levophenacylmorphan;
(31) 3-Methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-
4-piperidyl]-N-phenylpropanamide);
(31.1) 3-Methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-
4-piperidinyl]-N-phenylpropanamide);
(32) Morpheridine;
(33) Noracymethadol;
(34) Norlevorphanol;
(35) Normethadone;
(36) Norpipanone;
(36.1) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
4-piperidinyl]propanamide);
(37) Phenadoxone;
(38) Phenampromide;
(39) Phenomorphan;
(40) Phenoperidine;
(41) Piritramide;
(42) Proheptazine;
(43) Properidine;
(44) Propiram;
(45) Racemoramide;
(45.1) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-
4-piperidinyl]-propanamide);
(46) Tilidine;
(47) Trimeperidine;
(48) Beta-hydroxy-3-methylfentanyl (other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
N-phenylpropanamide).
(c) Unless specifically excepted or unless listed in
another schedule, any of the following opium derivatives,
its salts, isomers and salts of isomers, whenever the
existence of such salts, isomers and salts of isomers is
possible within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Diacetyldihydromorphine (Dihydroheroin);
(9) Dihydromorphine;
(10) Drotebanol;
(11) Etorphine (except hydrochloride salt);
(12) Heroin;
(13) Hydromorphinol;
(14) Methyldesorphine;
(15) Methyldihydromorphine;
(16) Morphine methylbromide;
(17) Morphine methylsulfonate;
(18) Morphine-N-Oxide;
(19) Myrophine;
(20) Nicocodeine;
(21) Nicomorphine;
(22) Normorphine;
(23) Pholcodine;
(24) Thebacon.
(d) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
hallucinogenic substances, or which contains any of its
salts, isomers and salts of isomers, whenever the existence
of such salts, isomers, and salts of isomers is possible
within the specific chemical designation (for the purposes of
this paragraph only, the term "isomer" includes the optical,
position and geometric isomers):
(1) 3,4-methylenedioxyamphetamine
(alpha-methyl,3,4-methylenedioxyphenethylamine,
methylenedioxyamphetamine, MDA);
(1.1) Alpha-ethyltryptamine
(some trade or other names: etryptamine;
MONASE; alpha-ethyl-1H-indole-3-ethanamine;
3-(2-aminobutyl)indole; a-ET; and AET);
(2) 3,4-methylenedioxymethamphetamine (MDMA);
(2.1) 3,4-methylenedioxy-N-ethylamphetamine
(also known as: N-ethyl-alpha-methyl-
3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
and MDEA);
(3) 3-methoxy-4,5-methylenedioxyamphetamine,
(MMDA);
(4) 3,4,5-trimethoxyamphetamine (TMA);
(5) (Blank);5-hydroxydimethyltryptamine
(Bufotenine);
(6) Diethyltryptamine (DET);
(7) Dimethyltryptamine (DMT);
(8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
(9) Ibogaine (some trade and other names:
7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
indole; Tabernanthe iboga);
(10) Lysergic acid diethylamide;
(11) 3,4,5-trimethoxyphenethylamine (Mescaline);
(12) Peyote (meaning all parts of the plant
presently classified botanically as Lophophora williemaii
Lemaire, whether growing or not, the seeds thereof, any
extract from any part of that plant, and every compound,
manufacture, salts, derivative, mixture, or preparation
of that plant, its seeds or extracts);
(13) N-ethyl-3-piperidyl benzilate (JB 318);
(14) N-methyl-3-piperidyl benzilate;
(14.1) N-hydroxy-3,4-methylenedioxyamphetamine
(also known as N-hydroxy-alpha-methyl-
3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
(15) Parahexyl; some trade or other names:
3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
dibenzo (b,d) pyran; Synhexyl;
(16) Psilocybin;
(17) Psilocyn;
(18) Alpha-methyltryptamine (AMT);
(19) 2,5-dimethoxyamphetamine
(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(20) 4-bromo-2,5-dimethoxyamphetamine
(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2,5-DMA);
(20.1) 4-Bromo-2,5 dimethoxyphenethylamine. Some
trade or other names: 2-(4-bromo-
2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB,
2CB, Nexus;
(21) 4-methoxyamphetamine
(4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
(22) (Blank); Thiophene analog of phencyclidine
(TPCP);
(23) Ethylamine analog of phencyclidine. Some
trade or other names: N-ethyl-l-phenylcyclohexylamine,
(l-phenylcyclohexyl) ethylamine, N-(l-phenylcyclohexyl)
ethylamine, cyclohexamine, PCE;
(24) Pyrrolidine analog of phencyclidine. Some
trade or other names: l-(l-phenylcyclohexyl) pyrrolidine,
PCPy, PHP;
(25) 5-methoxy-3,4-methylenedioxy-amphetamine;
(26) 2,5-dimethoxy-4-ethylamphetamine
(another name: DOET);
(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
(another name: TCPy);
(28) (Blank);3,4-methylenedioxy amphetamine;
(29) Thiophene analog of phencyclidine (some trade
or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
2-thienyl analog of phencyclidine; TPCP; TCP);
(30) Bufotenine (some trade or other names:
3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol;
5-hydroxy-N,N-dimethyltryptamine;
N,N-dimethylserotonin; mappine).
(e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) mecloqualone;
(2) methaqualone; and
(3) gamma hydroxybutyric acid.
(f) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers, and salts of isomers:
(1) Fenethylline;
(2) N-ethylamphetamine;
(3) Aminorex (some other names:
2-amino-5-phenyl-2-oxazoline; aminoxaphen;
4-5-dihydro-5-phenyl-2-oxazolamine) and its
salts, optical isomers, and salts of optical isomers;
(4) Methcathinone (some other names:
2-methylamino-1-phenylpropan-1-one;
Ephedrone; 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; N-methylcathinone;
methycathinone; Monomethylpropion; UR 1431) and its
salts, optical isomers, and salts of optical isomers;
(5) Chathinone (some trade or other names:
2-aminopropiophenone; alpha-aminopropiophenone;
2-amino-1-phenyl-propanone; norephedrone);
(6) N,N-dimethylamphetamine (also known as:
N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine);
(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine).
(g) Temporary listing of substances subject to emergency
scheduling. Any material, compound, mixture, or preparation
that contains any quantity of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), its optical isomers, isomers, salts,
and salts of isomers;
(2) N-[1(2-thienyl)
methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
its optical isomers, salts, and salts of isomers.
(Source: P.A. 89-202, eff. 10-1-95; 90-382, eff. 8-15-97.)
(720 ILCS 570/206) (from Ch. 56 1/2, par. 1206)
Sec. 206. (a) The controlled substances listed in this
Section are included in Schedule II.
(b) Unless specifically excepted or unless listed in
another schedule, any of the following substances whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by combination of extraction and chemical
synthesis:
(1) Opium and opiates, and any salt, compound,
derivative or preparation of opium or opiate, excluding
apomorphine, dextrorphan, levopropoxyphene, nalbuphine,
nalmefene, naloxone, and naltrexone, and their respective
salts, but including the following:
(i) Raw Opium;
(ii) Opium extracts;
(iii) Opium fluid extracts;
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Ethylmorphine;
(ix) Etorphine Hydrochloride;
(x) Hydrocodone;
(xi) Hydromorphone;
(xii) Metopon;
(xiii) Morphine;
(xiv) Oxycodone;
(xv) Oxymorphone;
(xvi) Thebaine;
(xvii) Thebaine-derived butorphanol.
(2) Any salt, compound, isomer, derivative or
preparation thereof which is chemically equivalent or
identical with any of the substances referred to in
subparagraph (1), but not including the isoquinoline
alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, isomer,
salt of an isomer, derivative, or preparation of coca
leaves including cocaine or ecgonine, and any salt,
compound, isomer, derivative, or preparation thereof
which is chemically equivalent or identical with any of
these substances, but not including decocainized coca
leaves or extractions of coca leaves which do not contain
cocaine or ecgonine (for the purpose of this paragraph,
the term "isomer" includes optical, positional and
geometric isomers);
(5) Concentrate of poppy straw (the crude extract
of poppy straw in either liquid, solid or powder form
which contains the phenanthrine alkaloids of the opium
poppy).
(c) Unless specifically excepted or unless listed in
another schedule any of the following opiates, including
their isomers, esters, ethers, salts, and salts of isomers,
whenever the existence of these isomers, esters, ethers and
salts is possible within the specific chemical designation,
dextrorphan excepted:
(1) Alfentanil;
(1.1) Carfentanil;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Bulk Dextropropoxyphene (non-dosage forms);
(6) Dihydrocodeine;
(7) Diphenoxylate;
(8) Fentanyl;
(9) Sufentanil;
(9.5) Remifentanil;
(10) Isomethadone;
(11) Levomethorphan;
(12) Levorphanol (Levorphan);
(13) Metazocine;
(14) Methadone;
(15) Methadone-Intermediate,
4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
(16) Moramide-Intermediate,
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
acid;
(17) Pethidine (meperidine);
(18) Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
(19) Pethidine-Intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate;
(20) Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
(21) Phenazocine;
(22) Piminodine;
(23) Racemethorphan;
(24) Racemorphan;
(25) Levo-alphacetylmethadol (some other names:
levo-alpha-acetylmethadol, levomethadyl acetate, LAAM).
(d) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system:
(1) Amphetamine, its salts, optical isomers, and
salts of its optical isomers;
(2) Methamphetamine, its salts, isomers, and salts
of its isomers;
(3) Phenmetrazine and its salts;
(4) Methylphenidate.
(e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) Amobarbital;
(2) Secobarbital;
(3) Pentobarbital;
(4) Pentazocine;
(5) Phencyclidine;
(6) Gluthethimide;
(7) (Blank). Dronabinol (synthetic) in sesame oil
and encapsulated in a soft gelatin capsule in a U.S. Food
and Drug Administration-approved drug product. Some
other names:
(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-
pentyl-6H-dibenzo[b,d]pyran-1-ol; (-)-delta-9-(trans)-
tetrahydrocannabinol.
(f) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances:
(1) Immediate precursor to amphetamine and
methamphetamine:
(i) Phenylacetone
Some trade or other names: phenyl-2-propanone;
P2P; benzyl methyl ketone; methyl benzyl ketone.
(2) Immediate precursors to phencyclidine:
(i) l-phenylcyclohexylamine;
(ii) l-piperidinocyclohexanecarbonitrile
(PCC).
(3) Nabilone.
(Source: P.A. 88-168; 89-202, eff. 10-1-95.)
(720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
Sec. 208. (a) The controlled substances listed in this
Section are included in Schedule III.
(b) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers (whether optical
position, or geometric), and salts of such isomers whenever
the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation;
(1) Those compounds, mixtures, or preparations in
dosage unit form containing any stimulant substances
listed in Schedule II which compounds, mixtures, or
preparations were listed on August 25, 1971, as excepted
compounds under Title 21, Code of Federal Regulations,
Section 308.32, and any other drug of the quantitative
composition shown in that list for those drugs or which
is the same except that it contains a lesser quantity of
controlled substances;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(c) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a potential for abuse associated with a
depressant effect on the central nervous system:
(1) Any compound, mixture, or preparation
containing amobarbital, secobarbital, pentobarbital or
any salt thereof and one or more other active medicinal
ingredients which are not listed in any schedule;
(2) Any suppository dosage form containing
amobarbital, secobarbital, pentobarbital or any salt of
any of these drugs and approved by the Federal Food and
Drug Administration for marketing only as a suppository;
(3) Any substance which contains any quantity of a
derivative of barbituric acid, or any salt thereof:
(4) Chlorhexadol;
(5) Methyprylon;
(6) Sulfondiethylmethane;
(7) Sulfonethylmethane;
(8) Sulfonmethane;
(9) Lysergic acid;
(10) Lysergic acid amide;
(10.1) Tiletamine or zolazepam or both, or any salt
of either of them.
Some trade or other names for a tiletamine-zolazepam
combination product: Telazol.
Some trade or other names for Tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
Some trade or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
[3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
(11) Any material, compound, mixture or preparation
containing not more than 12.5 milligrams of pentazocine
or any of its salts, per 325 milligrams of aspirin;
(12) Any material, compound, mixture or preparation
containing not more than 12.5 milligrams of pentazocine
or any of its salts, per 325 milligrams of acetaminophen;
(13) Any material, compound, mixture or preparation
containing not more than 50 milligrams of pentazocine or
any of its salts plus naloxone HCl USP 0.5 milligrams,
per dosage unit;
(14) Ketamine.
(d) Nalorphine.
(e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the
free anhydrous base or alkaloid, as set forth below:
(1) not more than 1.8 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage
unit, with an equal or greater quantity of an
isoquinoline alkaloid of opium;
(2) not more than 1.8 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage
unit, with one or more active non-narcotic ingredients in
recognized therapeutic amounts;
(3) not more than 300 milligrams of
dihydrocodeinone per 100 milliliters or not more than 15
milligrams per dosage unit, with a fourfold or greater
quantity of an isoquinoline alkaloid of opium;
(4) not more than 300 milligrams of
dihydrocodeinone per 100 milliliters or not more than 15
milligrams per dosage unit, with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts;
(5) not more than 1.8 grams of dihydrocodeine per
100 milliliters or not more than 90 milligrams per dosage
unit, with one or more active, non-narcotic ingredients
in recognized therapeutic amounts;
(6) not more than 300 milligrams of ethylmorphine
per 100 milliliters or not more than 15 milligrams per
dosage unit, with one or more active, non-narcotic
ingredients in recognized therapeutic amounts;
(7) not more than 500 milligrams of opium per 100
milliliters or per 100 grams, or not more than 25
milligrams per dosage unit, with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts;
(8) not more than 50 milligrams of morphine per 100
milliliters or per 100 grams with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts.
(f) Anabolic steroids, except the following anabolic
steroids that are exempt:
(1) Androgyn L.A.;
(2) Andro-Estro 90-4;
(3) depANDROGYN;
(4) DEPO-T.E.;
(5) depTESTROGEN;
(6) Duomone;
(7) DURATESTRIN;
(8) DUO-SPAN II;
(9) Estratest;
(10) Estratest H.S.;
(11) PAN ESTRA TEST;
(12) Premarin with Methyltestosterone;
(13) TEST-ESTRO Cypionates;
(14) Testosterone Cyp 50 Estradiol Cyp 2;
(15) Testosterone Cypionate-Estradiol Cypionate
injection; and
(16) Testosterone Enanthate-Estradiol Valerate
injection.
(g) Hallucenogenic substances.
(1) Dronabinol (synthetic) in sesame oil and
encapsulated in a soft gelatin capsule in a U.S. Food and
Drug Administration approved product. Some other names
for dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
6,6,9-trimetjyl-3-pentyl-6H-debenzo (b,d) pyran-1-ol) or
(-)-delta-9-(trans)-tetrahydrocannibinol.
(2) (Reserved).
(h) The Department may except by rule any compound,
mixture, or preparation containing any stimulant or
depressant substance listed in subsection (b) from the
application of all or any part of this Act if the compound,
mixture, or preparation contains one or more active medicinal
ingredients not having a stimulant or depressant effect on
the central nervous system, and if the admixtures are
included therein in combinations, quantity, proportion, or
concentration that vitiate the potential for abuse of the
substances which have a stimulant or depressant effect on the
central nervous system.
(Source: P.A. 89-202, eff. 10-1-95; 90-382, eff. 8-15-97.)
(720 ILCS 570/210) (from Ch. 56 1/2, par. 1210)
Sec. 210. (a) The controlled substances listed in this
Section are included in Schedule IV.
(b) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the
free anhydrous base or alkaloid, as set forth below:
(1) Not more than 1 milligram of difenoxin (DEA
Drug Code No. 9618) and not less than 25 micrograms of
atropine sulfate per dosage unit.
(2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
2-diphenyl-3-methyl-2-propionoxybutane).
(c) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a potential for abuse associated with a
depressant effect on the central nervous system:
(1) Alprazolam;
(2) Barbital;
(2.1) Bromazepam;
(2.2) Camazepam;
(3) Chloral Betaine;
(4) Chloral Hydrate;
(5) Chlordiazepoxide;
(5.1) Clobazam;
(6) Clonazepam;
(7) Clorazepate;
(7.1) Clotiazepam;
(7.2) Cloxazolam;
(7.3) Delorazepam;
(8) Diazepam;
(8.1) Estazolam;
(9) Ethchlorvynol;
(10) Ethinamate;
(10.1) Ethyl loflazepate;
(10.2) Fludiazepam;
(10.3) Flunitrazepam;
(11) Flurazepam;
(12) Halazepam;
(12.1) Haloxazolam;
(12.2) Ketazolam;
(12.3) Loprazolam;
(13) Lorazepam;
(13.1) Lormetazepam;
(14) Mebutamate;
(14.1) Medazepam;
(15) Meprobamate;
(16) Methohexital;
(17) Methylphenobarbital (Mephobarbital);
(17.1) Midazolam;
(17.2) Nimetazepam;
(17.3) Nitrazepam;
(17.4) Nordiazepam;
(18) Oxazepam;
(18.1) Oxazolam;
(19) Paraldehyde;
(20) Petrichloral;
(21) Phenobarbital;
(21.1) Pinazepam;
(22) Prazepam;
(22.1) Quazepam;
(23) Temazepam;
(23.1) Tetrazepam;
(24) Triazolam;
(24.5) Zaleplon;
(25) Zolpidem Zolpidam.
(d) Any material, compound, mixture, or preparation
which contains any quantity of the following substances,
including its salts, isomers (whether optical, position, or
geometric), and salts of such isomers, whenever the existence
of such salts, isomers and salts of isomers is possible:
(1) Fenfluramine.
(e) Unless specifically excepted or unless listed in
another schedule any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers (whether optical,
position or geometric), and salts of such isomers whenever
the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(1) Cathine ((+)-norpseudoephedrine);
(1.1) Diethylpropion;
(1.2) Fencamfamin;
(1.3) Fenproporex;
(2) Mazindol;
(2.1) Mefenorex;
(3) Phentermine;
(4) Pemoline (including organometallic complexes
and chelates thereof);
(5) Pipradrol;
(6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);.
(7) Modafinil;
(8) Sibutramine.
(f) Other Substances. Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substance, including its salts:
(1) Butorphanol (including its optical isomers).
(g) The Department may except by rule any compound,
mixture, or preparation containing any depressant substance
listed in subsection (b) from the application of all or any
part of this Act if the compound, mixture, or preparation
contains one or more active medicinal ingredients not having
a depressant effect on the central nervous system, and if the
admixtures are included therein in combinations, quantity,
proportion, or concentration that vitiate the potential for
abuse of the substances which have a depressant effect on the
central nervous system.
(h) Except as otherwise provided in Section 216, any
material, compound, mixture, or preparation that contains any
quantity of the following substance having a stimulant effect
on the central nervous system, including its salts,
enantiomers (optical isomers) and salts of enantiomers
(optical isomers):
(1) Ephedrine, its salts, optical isomers and salts
of optical isomers.
(Source: P.A. 89-202, eff. 10-1-95; 90-775, eff. 1-1-99.)
(720 ILCS 570/214) (from Ch. 56 1/2, par. 1214)
Sec. 214. Excluded Substances.
(a) Products containing an anabolic steroid, that are
expressly intended for administration through implants to
cattle or other nonhuman species and that have been approved
by the Secretary of Health and Human Services for that
administration, and that are excluded from all schedules
under Section 102(41)(B)(1) of the federal Controlled
Substances Act (21 U.S.C. 802(41)(B)(1)) are also excluded
from Sections 207 and 208 of this Act.
(b) The non-narcotic substances excluded from all
schedules of the Federal Controlled Substances Act (21 U.S.C.
801 et seq.) pursuant to Section 1308.22 of the Code of
Federal regulations (21 C.F.R. 1308.22), are excluded from
all schedules of this Act.
(Source: P.A. 80-472.)
(720 ILCS 570/217 new)
Sec. 217. Exempt anabolic steroid products. Compounds,
mixtures, or preparations that contain an anabolic steroid
that have been exempted by the Administrator of the federal
Drug Enforcement Administration from application of Sections
302 through 309 and Sections 1002 through 1004 of the federal
Controlled Substances Act (21 U.S.C. 822 through 829 and 952
through 954) and 21 CFR 1301.13, 1301.22, and 1301.71
through 1301.76 are also exempt from Sections 207 and 208 of
this Act.
(720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
(Text of Section before amendment by P.A. 91-576)
Sec. 309. No person shall issue a prescription for a
Schedule 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; gluthethimide; pentazocine; or which is
hereafter determined to be a "designated product," as defined
in Section 102 of this Act, other than on the official
prescription blank issued by the Department and no person
shall fill any such prescription other than on the official
prescription blank issued by the Department; provided that in
the case of an emergency, epidemic or a sudden or unforeseen
accident or calamity, the prescriber may issue a lawful oral
prescription or transmit via facsimile equipment a written
prescription order or a written prescription on a blank other
than the official prescription blank issued by the Department
where failure to issue such a prescription might result in
loss of life or intense suffering, but such prescription
shall have endorsed thereon by the prescriber a statement
concerning the accident or calamity, or circumstances
constituting the emergency, the cause for which the
unofficial blank was used. Within 72 hours after issuing an
emergency prescription, the prescriber shall cause a written
prescription on the official prescription blank for the
emergency quantity prescribed to be delivered to the
dispensing pharmacist. The prescription shall have written
on its face "Authorization for Emergency Dispensing", and the
date of the emergency prescription. The written prescription
on the official prescription blank may be delivered to the
pharmacist in person or by mail, but if delivered by mail it
must be postmarked within the 72-hour period. Upon receipt,
the dispensing pharmacist shall attach this prescription to
the emergency prescription earlier received, or in the case
of an oral prescription, reduced to writing. The dispensing
pharmacist shall notify the Department of Human Services if
the prescriber fails to deliver the authorization for
emergency dispensing on the official prescription blank to
him. Failure of the dispensing pharmacist to do so shall
void the authority conferred by this paragraph to dispense
without a written prescription on an official prescription
blank of a prescriber. All prescriptions on the official
blanks shall be written in triplicate and all three copies
signed by the prescriber. All prescriptions issued for
Schedule II controlled substances shall include both a
written and numerical notation of quantity on the face of the
prescription. No prescription for a Schedule II controlled
substance may be refilled.
(Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
(Text of Section after amendment by P.A. 91-576)
Sec. 309. On or after April 1, 2000, no person shall
issue a prescription for a Schedule 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; gluthethimide;
and pentazocine; or which is hereafter determined to be a
"designated product," as defined in Section 102 of this Act,
other than on a written prescription; provided that in the
case of an emergency, epidemic or a sudden or unforeseen
accident or calamity, the prescriber may issue a lawful oral
prescription where failure to issue such a prescription might
result in loss of life or intense suffering, but such oral
prescription shall include a statement by the prescriber
concerning the accident or calamity, or circumstances
constituting the emergency, the cause for which an oral
prescription was used. Within 7 days after issuing an
emergency prescription, the prescriber shall cause a written
prescription for the emergency quantity prescribed to be
delivered to the dispensing pharmacist. The prescription
shall have written on its face "Authorization for Emergency
Dispensing", and the date of the emergency prescription. The
written prescription may be delivered to the pharmacist in
person, or by mail or via facsimile equipment, but if
delivered by mail it must be postmarked within the 7-day
period. Upon receipt, the dispensing pharmacist shall attach
this prescription to the emergency oral prescription earlier
received and reduced to writing. The dispensing pharmacist
shall notify the Department of Human Services if the
prescriber fails to deliver the authorization for emergency
dispensing on the prescription to him. Failure of the
dispensing pharmacist to do so shall void the authority
conferred by this paragraph to dispense without a written
prescription of a prescriber. All prescriptions issued for
Schedule II controlled substances shall include both a
written and numerical notation of quantity on the face of the
prescription. No prescription for a Schedule II controlled
substance may be refilled.
(Source: P.A. 91-576, eff. 4-1-00.)
(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
(Text of Section before amendment by P.A. 91-576)
Sec. 312. Requirements for dispensing controlled
substances.
(a) A practitioner, in good faith, may dispense a
Schedule 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; pentazocine; or which is hereafter determined
to be a "designated product," as defined in Section 102 of
this Act to any person upon an official prescription form and
Schedule III, IV, or V controlled substances 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 controlled
substances of the prescriber, if he is required by those laws
to be registered. If the prescription is for an animal it
shall state the species of animal for which it is ordered.
The practitioner filling the prescription shall write the
date of filling and his own signature on the face of the
official prescription form. The official prescription form or
the written prescription shall be 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
form 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
practitioner or pharmacy a receipt in lieu thereof. A
prescription form for a Schedule II controlled substance
shall not be filled more than 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 after the date thereof or refilled more than 5
times unless renewed, in writing, by the prescriber.
(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 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 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.
(c) 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:
(1) only personally by a person registered to
dispense a Schedule V controlled substance and then only
to his patients, or
(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.
(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.
(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 controlled substances within the
immediately preceding 96 hours.
(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.
(6) all records of purchases and sales shall be
maintained for not less than 2 years.
(7) no person shall obtain or attempt to obtain
within any consecutive 96 hour period any Schedule V
substances of 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 of this limitation shall be in
unlawful possession of such controlled substance.
(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 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.
(9) no person shall distribute or dispense butyl
nitrite for inhalation or other introduction into the
human body for euphoric or physical effect.
(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 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 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, methaqualone, or
which is hereafter determined to be a "designated product" as
defined in Section 102 of this Act, shall do so only upon the
issuance of an official prescription blank by a prescriber;
and every practitioner who so dispenses such designated
products shall comply with the provisions of Sections 310 and
311 of this Act.
(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 pharmacist and only for the
purposes of filling a prescription under this Act, shall
alter, deface or remove any label so affixed.
(f) Whenever a practitioner dispenses any controlled
substance, 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
serial number of the prescription, 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.
(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.
(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 of an authorized methadone
maintenance program, nor in legitimate and authorized
research instituted by any 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 subject to the penalties
provided for violations of the law relating to controlled
substances.
(i) A prescriber shall not preprint or cause to be
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.
(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
anabolic steroids for the purpose of hormonal manipulation
that is intended to increase muscle mass, strength or weight
without a medical necessity to do so, or for the intended
purpose of improving physical appearance or performance in
any form of exercise, sport, or game, is not a valid medical
purpose or in the course of professional practice.
(Source: P.A. 89-202, eff. 10-1-95; 90-253, eff. 7-29-97.)
(Text of Section after amendment by P.A. 91-576)
Sec. 312. Requirements for dispensing controlled
substances.
(a) A practitioner, in good faith, may dispense a
Schedule 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; or which is hereafter
determined to be a "designated product," as defined in
Section 102 of this Act and Schedule III, IV, or V controlled
substances 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 controlled substances of the prescriber, if he is
required by those laws to be registered. If the prescription
is for an animal it shall state the species of animal for
which it is 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 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 practitioner or
pharmacy a receipt in lieu thereof. A prescription form for a
Schedule II controlled substance shall not be filled more
than 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 after the
date thereof or refilled more than 5 times unless renewed, in
writing, by the prescriber.
(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 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 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.
(c) 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:
(1) only personally by a person registered to
dispense a Schedule V controlled substance and then only
to his patients, or
(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.
(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.
(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 controlled substances within the
immediately preceding 96 hours.
(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.
(6) all records of purchases and sales shall be
maintained for not less than 2 years.
(7) no person shall obtain or attempt to obtain
within any consecutive 96 hour period any Schedule V
substances of 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 of this limitation shall be in
unlawful possession of such controlled substance.
(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 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.
(9) no person shall distribute or dispense butyl
nitrite for inhalation or other introduction into the
human body for euphoric or physical effect.
(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 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 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 methaqualone, or
which is hereafter determined to be a "designated product" as
defined in Section 102 of this Act, shall do so only upon the
issuance of a written prescription blank by a prescriber; and
every practitioner who so dispenses such designated products
shall comply with the provisions of Sections 310 and 311 of
this Act.
(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 pharmacist and only for the
purposes of filling a prescription under this Act, shall
alter, deface or remove any label so affixed.
(f) Whenever a practitioner dispenses any controlled
substance, 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.
(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.
(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 of an authorized methadone
maintenance program, nor in legitimate and authorized
research instituted by any 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 subject to the penalties
provided for violations of the law relating to controlled
substances.
(i) A prescriber shall not preprint or cause to be
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.
(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
anabolic steroids for the purpose of hormonal manipulation
that is intended to increase muscle mass, strength or weight
without a medical necessity to do so, or for the intended
purpose of improving physical appearance or performance in
any form of exercise, sport, or game, is not a valid medical
purpose or in the course of professional practice.
(Source: P.A. 90-253, eff. 7-29-97; 91-576, eff. 4-1-00.)
(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
(Text of Section before amendment by P.A. 91-576)
Sec. 313. (a) Controlled substances which are lawfully
administered in hospitals or institutions licensed under the
"Hospital Licensing Act" shall be exempt from the
requirements of Sections 308 and 312 except that the
prescription for the controlled substance shall be in writing
on the patient's record, signed by the prescriber, dated, and
shall state the name, and quantity of controlled substances
ordered and the quantity actually administered. The records
of such prescriptions shall be maintained for two years and
shall be available for inspection by officers and employees
of the Department of State Police, and the Department of
Professional Regulation.
(b) Controlled substances that can lawfully be
administered or dispensed directly to a patient in a
long-term care facility licensed by the Department of Public
Health as a skilled nursing facility, intermediate care
facility, or long-term care facility for residents under 22
years of age, are exempt from the requirements of Sections
308 and 312, except that a prescription for a Schedule II
controlled substance must be either a written prescription
signed by the prescriber or a written prescription
transmitted by the prescriber or prescriber's agent to the
dispensing pharmacy by facsimile. The facsimile serves as
the original written prescription and must be maintained for
2 years from the date of issue in the same manner as a
written prescription signed by the prescriber.
(c) A prescription that is written for a Schedule II
controlled substance to be compounded for direct
administration by parenteral, intravenous, intramuscular,
subcutaneous, or intraspinal infusion to a patient in a
private residence, long-term care facility, or hospice
setting may be transmitted by facsimile by the prescriber or
the prescriber's agent to the pharmacy providing the home
infusion services.
(d) Controlled substances which are lawfully
administered and/or dispensed in drug abuse treatment
programs licensed by the Department shall be exempt from the
requirements of Sections 308 and 312, except that the
prescription for such controlled substances shall be issued
and authenticated on official prescription logs prepared and
supplied by the Department. The official prescription logs
issued by the Department shall be printed in triplicate on
distinctively marked paper and furnished to programs at
reasonable cost. The official prescription logs furnished to
the programs shall contain, in preprinted form, such
information as the Department may require. The official
prescription logs shall be properly endorsed by a physician
licensed to practice medicine in all its branches issuing the
order, with his own signature and the date of ordering, and
further endorsed by the practitioner actually administering
or dispensing the dosage at the time of such administering or
dispensing in accordance with requirements issued by the
Department. The duplicate copy shall be retained by the
program for a period of not less than three years nor more
than seven years; the original and triplicate copy shall be
returned to the Department at its principal office in
accordance with requirements set forth by the Department.
(Source: P.A. 89-202, eff. 10-1-95.)
(Text of Section after amendment by P.A. 91-576)
Sec. 313. (a) Controlled substances which are lawfully
administered in hospitals or institutions licensed under the
"Hospital Licensing Act" shall be exempt from the
requirements of Sections 312 and 316 except that the
prescription for the controlled substance shall be in writing
on the patient's record, signed by the prescriber, dated, and
shall state the name, and quantity of controlled substances
ordered and the quantity actually administered. The records
of such prescriptions shall be maintained for two years and
shall be available for inspection by officers and employees
of the Department of State Police, and the Department of
Professional Regulation.
(b) Controlled substances that can lawfully be
administered or dispensed directly to a patient in a
long-term care facility licensed by the Department of Public
Health as a skilled nursing facility, intermediate care
facility, or long-term care facility for residents under 22
years of age, are exempt from the requirements of Section
Sections 312 except that a prescription for a Schedule II
controlled substance must be either a written prescription
signed by the prescriber or a written prescription
transmitted by the prescriber or prescriber's agent to the
dispensing pharmacy by facsimile. The facsimile serves as
the original prescription and must be maintained for 2 years
from the date of issue in the same manner as a written
prescription signed by the prescriber and 316.
(c) A prescription that is written for a Schedule II
controlled substance to be compounded for direct
administration by parenteral, intravenous, intramuscular,
subcutaneous, or intraspinal infusion to a patient in a
private residence, long-term care facility, or hospice
setting may be transmitted by facsimile by the prescriber or
the prescriber's agent to the pharmacy providing the home
infusion services. The facsimile serves as the original
written prescription for purposes of this paragraph (c) and
it shall be maintained in the same manner as the original
written prescription.
(c-1) A prescription written for a Schedule II
controlled substance for a patient residing in a hospice
certified by Medicare under Title XVIII of the Social
Security Act or licensed by the State may be transmitted by
the practitioner or the practitioner's agent to the
dispensing pharmacy by facsimile. The practitioner or
practitioner's agent must note on the prescription that the
patient is a hospice patient. The facsimile serves as the
original written prescription for purposes of this paragraph
(c-1) and it shall be maintained in the same manner as the
original written prescription. (Blank).
(d) Controlled substances which are lawfully
administered and/or dispensed in drug abuse treatment
programs licensed by the Department shall be exempt from the
requirements of Sections 312 and 316, except that the
prescription for such controlled substances shall be issued
and authenticated on official prescription logs prepared and
supplied by the Department. The official prescription logs
issued by the Department shall be printed in triplicate on
distinctively marked paper and furnished to programs at
reasonable cost. The official prescription logs furnished to
the programs shall contain, in preprinted form, such
information as the Department may require. The official
prescription logs shall be properly endorsed by a physician
licensed to practice medicine in all its branches issuing the
order, with his own signature and the date of ordering, and
further endorsed by the practitioner actually administering
or dispensing the dosage at the time of such administering or
dispensing in accordance with requirements issued by the
Department. The duplicate copy shall be retained by the
program for a period of not less than three years nor more
than seven years; the original and triplicate copy shall be
returned to the Department at its principal office in
accordance with requirements set forth by the Department.
(Source: P.A. 91-576, eff. 4-1-00.)
(720 ILCS 570/316)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 316. Schedule II controlled substance prescription
monitoring program.
The Department must provide for a Schedule II controlled
substance prescription monitoring program that includes the
following components:
(1) Each time a Schedule II controlled substance
designated by the Department is dispensed, the dispenser must
transmit to the central repository the following information:
(A) The recipient's name.
(B) The recipient's address.
(C) The national drug code number of the Schedule
II controlled substance dispensed.
(D) The date the Schedule II controlled substance
is dispensed.
(E) The quantity of the Schedule II controlled
substance dispensed.
(F) The dispenser's United States Drug Enforcement
Agency registration number.
(G) The prescriber's United States Drug Enforcement
Agency registration number.
(2) The information required to be transmitted under
this Section must be transmitted not more than 15 days after
the date on which a Schedule II controlled substance is
dispensed.
(3) A dispenser must transmit the information required
under this Section by:
(A) an electronic device compatible with the
receiving device of the central repository;
(B) a computer diskette;
(C) a magnetic tape; or
(D) a pharmacy universal claim form or Pharmacy
Inventory Control form;
that meets specifications prescribed by the Department.
Schedule II controlled substance prescription monitoring
does not apply to Schedule II controlled substance
prescriptions as exempted under Section 313. Schedule II
controlled substances are exempt from the requirements of
this Section to the extent provided in Section 313.
(Source: P.A. 91-576, eff. 4-1-00.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect April
1, 2000.
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