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