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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 within 12 months after
24 birth, with reference 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, shall work with birthing
16 hospitals and licensed health care professionals in this State
17 to develop policies, procedures, information, and educational
18 materials to meet each of the following requirements
19 concerning maternal mental health conditions:
20 (1) Licensed health care professionals providing
21 prenatal care to women shall provide education to women
22 and, if possible and with permission, to their families
23 about maternal mental health conditions in accordance with
24 the formal opinions and recommendations of the American
25 College of Obstetricians and Gynecologists.
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1 (2) Upon the Department of Human Services providing
2 written information to birthing hospitals, all birthing
3 hospitals shall provide new mothers, prior to discharge
4 following childbirth, and, if possible, shall provide
5 fathers and other family members with complete information
6 about maternal mental health conditions, including their
7 symptoms, methods of coping with the illness, treatment
8 resources, post-hospital treatment options, and community
9 resources. Hospitals shall supplement the resources
10 provided by the Department to include relevant resources
11 offered by the hospital, in the region, or community in
12 which the birthing hospital is located, if available.
13 Resources may be provided in an electronic format such as
14 website links or QR Codes.
15 (3) Licensed health care professionals providing
16 prenatal care at a prenatal visit shall invite each
17 pregnant patient to complete a questionnaire and shall
18 review the completed questionnaire in accordance with the
19 formal opinions and recommendations of the American
20 College of Obstetricians and Gynecologists. Assessment for
21 maternal mental health conditions must be repeated when,
22 in the professional judgment of the licensed health care
23 professional, a reasonable possibility exists that the
24 woman suffers from a maternal mental health condition.
25 (4) Licensed health care professionals providing
26 postnatal care to women shall invite each patient to
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1 complete a questionnaire and shall review the completed
2 questionnaire in accordance with the formal opinions and
3 recommendations of the American College of Obstetricians
4 and Gynecologists.
5 (5) Licensed health care professionals providing
6 pediatric care to an infant shall invite the infant's
7 mother to complete a questionnaire at any well-baby
8 check-up at which the mother is present prior to the
9 infant's first birthday, and shall review the completed
10 questionnaire in accordance with the formal opinions and
11 recommendations of the American College of Obstetricians
12 and Gynecologists, in order to ensure that the health and
13 well-being of the infant are not compromised by an
14 undiagnosed maternal mental health condition in the
15 mother. In order to share results from an assessment with
16 the mother's primary licensed health care professional,
17 consent should be obtained from the mother in accordance
18 with the Illinois Health Insurance Portability and
19 Accountability Act. If the mother is determined to present
20 an acute danger to herself or someone else, consent is not
21 required.
22 (405 ILCS 120/15)
23 Sec. 15. Educational materials about maternal mental
24 health conditions. The Department, in conjunction with the
25 Department of Healthcare and Family Services, the Department
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1 of Public Health, and the Department of Financial and
2 Professional Regulation, shall develop educational materials
3 for health care professionals and patients about maternal
4 mental health conditions. Health care professionals or
5 organizations representing health care professionals with
6 expertise in the treatment of maternal mental health
7 conditions shall be consulted in the development of the
8 educational materials. A birthing hospital shall, on or before
9 January 1, 2026 2021, distribute these materials to employees
10 regularly assigned to work with pregnant or postpartum women
11 and incorporate these materials in any employee training that
12 is related to patient care of pregnant or postpartum women. A
13 birthing hospital shall supplement the materials provided by
14 the Department to include relevant resources to the region or
15 community in which the birthing hospital is located. The
16 educational materials developed under this Section shall
17 include all of the following:
18 (1) Information for postpartum women and families
19 about maternal mental health conditions, post-hospital
20 treatment options, and community resources.
21 (1) (2) Information for hospital employees regularly
22 assigned to work in the perinatal unit, including, as
23 appropriate, registered nurses and social workers, about
24 maternal mental health conditions.
25 (2) (3) Any other service the birthing hospital
26 determines should be included in the program to provide
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1 optimal patient care.
2 (Source: P.A. 101-512, eff. 1-1-20.)
3 Section 20. The Illinois Controlled Substances Act is
4 amended by changing Sections 100, 102, 201, 203, 205, 207,
5 208, 209, 210, 211, 216, 312, 313, 318, 320, 410, 411.2, 413,
6 504, 508, and 509 as follows:
7 (720 ILCS 570/100) (from Ch. 56 1/2, par. 1100)
8 Sec. 100. Legislative intent. It is the intent of the
9 General Assembly, recognizing the rising incidence in the
10 misuse abuse of drugs and other dangerous substances and its
11 resultant damage to the peace, health, and welfare of the
12 citizens of Illinois, to provide a system of control over the
13 distribution and use of controlled substances which will more
14 effectively: (1) limit access of such substances only to those
15 persons who have demonstrated an appropriate sense of
16 responsibility and have a lawful and legitimate reason to
17 possess them; (2) deter the unlawful and destructive misuse
18 abuse of controlled substances; (3) penalize most heavily the
19 illicit traffickers or profiteers of controlled substances,
20 who propagate and perpetuate the misuse abuse of such
21 substances with reckless disregard for its consumptive
22 consequences upon every element of society; (4) acknowledge
23 the functional and consequential differences between the
24 various types of controlled substances and provide for
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1 correspondingly different degrees of control over each of the
2 various types; (5) unify where feasible and codify the efforts
3 of this State to conform with the regulatory systems of the
4 Federal government; and (6) provide law enforcement
5 authorities with the necessary resources to make this system
6 efficacious.
7 It is not the intent of the General Assembly to treat the
8 unlawful user or occasional petty distributor of controlled
9 substances with the same severity as the large-scale, unlawful
10 purveyors and traffickers of controlled substances. However,
11 it is recognized that persons who violate this Act with
12 respect to the manufacture, delivery, possession with intent
13 to deliver, or possession of more than one type of controlled
14 substance listed herein may accordingly receive multiple
15 convictions and sentences under each Section of this Act. To
16 this end, guidelines have been provided, along with a wide
17 latitude in sentencing discretion, to enable the sentencing
18 court to order penalties in each case which are appropriate
19 for the purposes of this Act.
20 (Source: P.A. 97-334, eff. 1-1-12.)
21 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
22 Sec. 102. Definitions. As used in this Act, unless the
23 context otherwise requires:
24 (a) "Person with a substance use disorder Addict" means
25 any person who has a substance use disorder diagnosis defined
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1 as a spectrum of persistent and recurring problematic behavior
2 that encompasses 10 separate classes of drugs: alcohol;
3 caffeine; cannabis; hallucinogens; inhalants; opioids;
4 sedatives, hypnotics and anxiolytics; stimulants; and tobacco;
5 and other unknown substances leading to clinically significant
6 impairment or distress habitually uses any drug, chemical,
7 substance or dangerous drug other than alcohol so as to
8 endanger the public morals, health, safety or welfare or who
9 is so far addicted to the use of a dangerous drug or controlled
10 substance other than alcohol as to have lost the power of self
11 control with reference to his or her addiction.
12 (b) "Administer" means the direct application of a
13 controlled substance, whether by injection, inhalation,
14 ingestion, or any other means, to the body of a patient,
15 research subject, or animal (as defined by the Humane
16 Euthanasia in Animal Shelters Act) by:
17 (1) a practitioner (or, in his or her presence, by his
18 or her authorized agent),
19 (2) the patient or research subject pursuant to an
20 order, or
21 (3) a euthanasia technician as defined by the Humane
22 Euthanasia in Animal Shelters Act.
23 (c) "Agent" means an authorized person who acts on behalf
24 of or at the direction of a manufacturer, distributor,
25 dispenser, prescriber, or practitioner. It does not include a
26 common or contract carrier, public warehouseman or employee of
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1 the carrier or warehouseman.
2 (c-1) "Anabolic Steroids" means any drug or hormonal
3 substance, chemically and pharmacologically related to
4 testosterone (other than estrogens, progestins,
5 corticosteroids, and dehydroepiandrosterone), and includes:
6 (i) 3[beta],17-dihydroxy-5a-androstane,
7 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
8 (iii) 5[alpha]-androstan-3,17-dione,
9 (iv) 1-androstenediol (3[beta],
10 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
11 (v) 1-androstenediol (3[alpha],
12 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
13 (vi) 4-androstenediol
14 (3[beta],17[beta]-dihydroxy-androst-4-ene),
15 (vii) 5-androstenediol
16 (3[beta],17[beta]-dihydroxy-androst-5-ene),
17 (viii) 1-androstenedione
18 ([5alpha]-androst-1-en-3,17-dione),
19 (ix) 4-androstenedione
20 (androst-4-en-3,17-dione),
21 (x) 5-androstenedione
22 (androst-5-en-3,17-dione),
23 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
24 hydroxyandrost-4-en-3-one),
25 (xii) boldenone (17[beta]-hydroxyandrost-
26 1,4,-diene-3-one),
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1 (xiii) boldione (androsta-1,4-
2 diene-3,17-dione),
3 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17
4 [beta]-hydroxyandrost-4-en-3-one),
5 (xv) clostebol (4-chloro-17[beta]-
6 hydroxyandrost-4-en-3-one),
7 (xvi) dehydrochloromethyltestosterone (4-chloro-
8 17[beta]-hydroxy-17[alpha]-methyl-
9 androst-1,4-dien-3-one),
10 (xvii) desoxymethyltestosterone
11 (17[alpha]-methyl-5[alpha]
12 -androst-2-en-17[beta]-ol)(a.k.a., madol),
13 (xviii) [delta]1-dihydrotestosterone (a.k.a.
14 '1-testosterone') (17[beta]-hydroxy-
15 5[alpha]-androst-1-en-3-one),
16 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-
17 androstan-3-one),
18 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
19 5[alpha]-androstan-3-one),
20 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
21 hydroxyestr-4-ene),
22 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
23 1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
24 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
25 17[beta]-dihydroxyandrost-1,4-dien-3-one),
26 (xxiv) furazabol (17[alpha]-methyl-17[beta]-
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1 hydroxyandrostano[2,3-c]-furazan),
2 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
3 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
4 androst-4-en-3-one),
5 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
6 dihydroxy-estr-4-en-3-one),
7 (xxviii) mestanolone (17[alpha]-methyl-17[beta]-
8 hydroxy-5-androstan-3-one),
9 (xxix) mesterolone (1amethyl-17[beta]-hydroxy-
10 [5a]-androstan-3-one),
11 (xxx) methandienone (17[alpha]-methyl-17[beta]-
12 hydroxyandrost-1,4-dien-3-one),
13 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
14 dihydroxyandrost-5-ene),
15 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-
16 5[alpha]-androst-1-en-3-one),
17 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
18 dihydroxy-5a-androstane,
19 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
20 -5a-androstane,
21 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-
22 dihydroxyandrost-4-ene),
23 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
24 methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
25 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
26 hydroxyestra-4,9(10)-dien-3-one),
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1 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
2 hydroxyestra-4,9-11-trien-3-one),
3 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
4 hydroxyandrost-4-en-3-one),
5 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
6 hydroxyestr-4-en-3-one),
7 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
8 (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
9 androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
10 1-testosterone'),
11 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
12 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
13 dihydroxyestr-4-ene),
14 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
15 dihydroxyestr-4-ene),
16 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
17 dihydroxyestr-5-ene),
18 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
19 dihydroxyestr-5-ene),
20 (xlvii) 19-nor-4,9(10)-androstadienedione
21 (estra-4,9(10)-diene-3,17-dione),
22 (xlviii) 19-nor-4-androstenedione (estr-4-
23 en-3,17-dione),
24 (xlix) 19-nor-5-androstenedione (estr-5-
25 en-3,17-dione),
26 (l) norbolethone (13[beta], 17a-diethyl-17[beta]-
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1 hydroxygon-4-en-3-one),
2 (li) norclostebol (4-chloro-17[beta]-
3 hydroxyestr-4-en-3-one),
4 (lii) norethandrolone (17[alpha]-ethyl-17[beta]-
5 hydroxyestr-4-en-3-one),
6 (liii) normethandrolone (17[alpha]-methyl-17[beta]-
7 hydroxyestr-4-en-3-one),
8 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
9 2-oxa-5[alpha]-androstan-3-one),
10 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
11 dihydroxyandrost-4-en-3-one),
12 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
13 17[beta]-hydroxy-(5[alpha]-androstan-3-one),
14 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
15 (5[alpha]-androst-2-eno[3,2-c]-pyrazole),
16 (lviii) stenbolone (17[beta]-hydroxy-2-methyl-
17 (5[alpha]-androst-1-en-3-one),
18 (lix) testolactone (13-hydroxy-3-oxo-13,17-
19 secoandrosta-1,4-dien-17-oic
20 acid lactone),
21 (lx) testosterone (17[beta]-hydroxyandrost-
22 4-en-3-one),
23 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
24 diethyl-17[beta]-hydroxygon-
25 4,9,11-trien-3-one),
26 (lxii) trenbolone (17[beta]-hydroxyestr-4,9,
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1 11-trien-3-one).
2 Any person who is otherwise lawfully in possession of an
3 anabolic steroid, or who otherwise lawfully manufactures,
4 distributes, dispenses, delivers, or possesses with intent to
5 deliver an anabolic steroid, which anabolic steroid is
6 expressly intended for and lawfully allowed to be administered
7 through implants to livestock or other nonhuman species, and
8 which is approved by the Secretary of Health and Human
9 Services for such administration, and which the person intends
10 to administer or have administered through such implants,
11 shall not be considered to be in unauthorized possession or to
12 unlawfully manufacture, distribute, dispense, deliver, or
13 possess with intent to deliver such anabolic steroid for
14 purposes of this Act.
15 (d) "Administration" means the Drug Enforcement
16 Administration, United States Department of Justice, or its
17 successor agency.
18 (d-5) "Clinical Director, Prescription Monitoring Program"
19 means a Department of Human Services administrative employee
20 licensed to either prescribe or dispense controlled substances
21 who shall run the clinical aspects of the Department of Human
22 Services Prescription Monitoring Program and its Prescription
23 Information Library.
24 (d-10) "Compounding" means the preparation and mixing of
25 components, excluding flavorings, (1) as the result of a
26 prescriber's prescription drug order or initiative based on
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1 the prescriber-patient-pharmacist relationship in the course
2 of professional practice or (2) for the purpose of, or
3 incident to, research, teaching, or chemical analysis and not
4 for sale or dispensing. "Compounding" includes the preparation
5 of drugs or devices in anticipation of receiving prescription
6 drug orders based on routine, regularly observed dispensing
7 patterns. Commercially available products may be compounded
8 for dispensing to individual patients only if both of the
9 following conditions are met: (i) the commercial product is
10 not reasonably available from normal distribution channels in
11 a timely manner to meet the patient's needs and (ii) the
12 prescribing practitioner has requested that the drug be
13 compounded.
14 (e) "Control" means to add a drug or other substance, or
15 immediate precursor, to a Schedule whether by transfer from
16 another Schedule or otherwise.
17 (f) "Controlled Substance" means (i) a drug, substance,
18 immediate precursor, or synthetic drug in the Schedules of
19 Article II of this Act or (ii) a drug or other substance, or
20 immediate precursor, designated as a controlled substance by
21 the Department through administrative rule. The term does not
22 include distilled spirits, wine, malt beverages, or tobacco,
23 as those terms are defined or used in the Liquor Control Act of
24 1934 and the Tobacco Products Tax Act of 1995.
25 (f-5) "Controlled substance analog" means a substance:
26 (1) the chemical structure of which is substantially
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1 similar to the chemical structure of a controlled
2 substance in Schedule I or II;
3 (2) which has a stimulant, depressant, or
4 hallucinogenic effect on the central nervous system that
5 is substantially similar to or greater than the stimulant,
6 depressant, or hallucinogenic effect on the central
7 nervous system of a controlled substance in Schedule I or
8 II; or
9 (3) with respect to a particular person, which such
10 person represents or intends to have a stimulant,
11 depressant, or hallucinogenic effect on the central
12 nervous system that is substantially similar to or greater
13 than the stimulant, depressant, or hallucinogenic effect
14 on the central nervous system of a controlled substance in
15 Schedule I or II.
16 (g) "Counterfeit substance" means a controlled substance,
17 which, or the container or labeling of which, without
18 authorization bears the trademark, trade name, or other
19 identifying mark, imprint, number or device, or any likeness
20 thereof, of a manufacturer, distributor, or dispenser other
21 than the person who in fact manufactured, distributed, or
22 dispensed the substance.
23 (h) "Deliver" or "delivery" means the actual, constructive
24 or attempted transfer of possession of a controlled substance,
25 with or without consideration, whether or not there is an
26 agency relationship. "Deliver" or "delivery" does not include
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1 the donation of drugs to the extent permitted under the
2 Illinois Drug Reuse Opportunity Program Act.
3 (i) "Department" means the Illinois Department of Human
4 Services (as successor to the Department of Alcoholism and
5 Substance Abuse) or its successor agency.
6 (j) (Blank).
7 (k) "Department of Corrections" means the Department of
8 Corrections of the State of Illinois or its successor agency.
9 (l) "Department of Financial and Professional Regulation"
10 means the Department of Financial and Professional Regulation
11 of the State of Illinois or its successor agency.
12 (m) "Depressant" means any drug that (i) causes an overall
13 depression of central nervous system functions, (ii) causes
14 impaired consciousness and awareness, and (iii) can be
15 habit-forming or lead to a substance misuse or substance use
16 disorder abuse problem, including, but not limited to,
17 alcohol, cannabis and its active principles and their analogs,
18 benzodiazepines and their analogs, barbiturates and their
19 analogs, opioids (natural and synthetic) and their analogs,
20 and chloral hydrate and similar sedative hypnotics.
21 (n) (Blank).
22 (o) "Director" means the Director of the Illinois State
23 Police or his or her designated agents.
24 (p) "Dispense" means to deliver a controlled substance to
25 an ultimate user or research subject by or pursuant to the
26 lawful order of a prescriber, including the prescribing,
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1 administering, packaging, labeling, or compounding necessary
2 to prepare the substance for that delivery.
3 (q) "Dispenser" means a practitioner who dispenses.
4 (r) "Distribute" means to deliver, other than by
5 administering or dispensing, a controlled substance.
6 (s) "Distributor" means a person who distributes.
7 (t) "Drug" means (1) substances recognized as drugs in the
8 official United States Pharmacopoeia, Official Homeopathic
9 Pharmacopoeia of the United States, or official National
10 Formulary, or any supplement to any of them; (2) substances
11 intended for use in diagnosis, cure, mitigation, treatment, or
12 prevention of disease in man or animals; (3) substances (other
13 than food) intended to affect the structure of any function of
14 the body of man or animals and (4) substances intended for use
15 as a component of any article specified in clause (1), (2), or
16 (3) of this subsection. It does not include devices or their
17 components, parts, or accessories.
18 (t-3) "Electronic health record" or "EHR" means an
19 electronic record of health-related information on an
20 individual that is created, gathered, managed, and consulted
21 by authorized health care clinicians and staff.
22 (t-3.5) "Electronic health record system" or "EHR system"
23 means any computer-based system or combination of federally
24 certified Health IT Modules (defined at 42 CFR 170.102 or its
25 successor) used as a repository for electronic health records
26 and accessed or updated by a prescriber or authorized
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1 surrogate in the ordinary course of his or her medical
2 practice. For purposes of connecting to the Prescription
3 Information Library maintained by the Bureau of Pharmacy and
4 Clinical Support Systems or its successor, an EHR system may
5 connect to the Prescription Information Library directly or
6 through all or part of a computer program or system that is a
7 federally certified Health IT Module maintained by a third
8 party and used by the EHR system to secure access to the
9 database.
10 (t-4) "Emergency medical services personnel" has the
11 meaning ascribed to it in the Emergency Medical Services (EMS)
12 Systems Act.
13 (t-5) "Euthanasia agency" means an entity certified by the
14 Department of Financial and Professional Regulation for the
15 purpose of animal euthanasia that holds an animal control
16 facility license or animal shelter license under the Animal
17 Welfare Act. A euthanasia agency is authorized to purchase,
18 store, possess, and utilize Schedule II nonnarcotic and
19 Schedule III nonnarcotic drugs for the sole purpose of animal
20 euthanasia.
21 (t-10) "Euthanasia drugs" means Schedule II or Schedule
22 III substances (nonnarcotic controlled substances) that are
23 used by a euthanasia agency for the purpose of animal
24 euthanasia.
25 (u) "Good faith" means the prescribing or dispensing of a
26 controlled substance by a practitioner in the regular course
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1 of professional treatment to or for any person who is under his
2 or her treatment for a pathology or condition other than that
3 individual's physical or psychological dependence upon or
4 addiction to a controlled substance, except as provided
5 herein: and application of the term to a pharmacist shall mean
6 the dispensing of a controlled substance pursuant to the
7 prescriber's order which in the professional judgment of the
8 pharmacist is lawful. The pharmacist shall be guided by
9 accepted professional standards, including, but not limited
10 to, the following, in making the judgment:
11 (1) lack of consistency of prescriber-patient
12 relationship,
13 (2) frequency of prescriptions for same drug by one
14 prescriber for large numbers of patients,
15 (3) quantities beyond those normally prescribed,
16 (4) unusual dosages (recognizing that there may be
17 clinical circumstances where more or less than the usual
18 dose may be used legitimately),
19 (5) unusual geographic distances between patient,
20 pharmacist and prescriber,
21 (6) consistent prescribing of habit-forming drugs.
22 (u-0.5) "Hallucinogen" means a drug that causes markedly
23 altered sensory perception leading to hallucinations of any
24 type.
25 (u-1) "Home infusion services" means services provided by
26 a pharmacy in compounding solutions for direct administration
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1 to a patient in a private residence, long-term care facility,
2 or hospice setting by means of parenteral, intravenous,
3 intramuscular, subcutaneous, or intraspinal infusion.
4 (u-5) "Illinois State Police" means the Illinois State
5 Police or its successor agency.
6 (v) "Immediate precursor" means a substance:
7 (1) which the Department has found to be and by rule
8 designated as being a principal compound used, or produced
9 primarily for use, in the manufacture of a controlled
10 substance;
11 (2) which is an immediate chemical intermediary used
12 or likely to be used in the manufacture of such controlled
13 substance; and
14 (3) the control of which is necessary to prevent,
15 curtail or limit the manufacture of such controlled
16 substance.
17 (w) "Instructional activities" means the acts of teaching,
18 educating or instructing by practitioners using controlled
19 substances within educational facilities approved by the State
20 Board of Education or its successor agency.
21 (x) "Local authorities" means a duly organized State,
22 County or Municipal peace unit or police force.
23 (y) "Look-alike substance" means a substance, other than a
24 controlled substance which (1) by overall dosage unit
25 appearance, including shape, color, size, markings or lack
26 thereof, taste, consistency, or any other identifying physical
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1 characteristic of the substance, would lead a reasonable
2 person to believe that the substance is a controlled
3 substance, or (2) is expressly or impliedly represented to be
4 a controlled substance or is distributed under circumstances
5 which would lead a reasonable person to believe that the
6 substance is a controlled substance. For the purpose of
7 determining whether the representations made or the
8 circumstances of the distribution would lead a reasonable
9 person to believe the substance to be a controlled substance
10 under this clause (2) of subsection (y), the court or other
11 authority may consider the following factors in addition to
12 any other factor that may be relevant:
13 (a) statements made by the owner or person in control
14 of the substance concerning its nature, use or effect;
15 (b) statements made to the buyer or recipient that the
16 substance may be resold for profit;
17 (c) whether the substance is packaged in a manner
18 normally used for the illegal distribution of controlled
19 substances;
20 (d) whether the distribution or attempted distribution
21 included an exchange of or demand for money or other
22 property as consideration, and whether the amount of the
23 consideration was substantially greater than the
24 reasonable retail market value of the substance.
25 Clause (1) of this subsection (y) shall not apply to a
26 noncontrolled substance in its finished dosage form that was
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1 initially introduced into commerce prior to the initial
2 introduction into commerce of a controlled substance in its
3 finished dosage form which it may substantially resemble.
4 Nothing in this subsection (y) prohibits the dispensing or
5 distributing of noncontrolled substances by persons authorized
6 to dispense and distribute controlled substances under this
7 Act, provided that such action would be deemed to be carried
8 out in good faith under subsection (u) if the substances
9 involved were controlled substances.
10 Nothing in this subsection (y) or in this Act prohibits
11 the manufacture, preparation, propagation, compounding,
12 processing, packaging, advertising or distribution of a drug
13 or drugs by any person registered pursuant to Section 510 of
14 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
15 (y-1) "Mail-order pharmacy" means a pharmacy that is
16 located in a state of the United States that delivers,
17 dispenses or distributes, through the United States Postal
18 Service or other common carrier, to Illinois residents, any
19 substance which requires a prescription.
20 (z) "Manufacture" means the production, preparation,
21 propagation, compounding, conversion or processing of a
22 controlled substance other than methamphetamine, either
23 directly or indirectly, by extraction from substances of
24 natural origin, or independently by means of chemical
25 synthesis, or by a combination of extraction and chemical
26 synthesis, and includes any packaging or repackaging of the
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1 substance or labeling of its container, except that this term
2 does not include:
3 (1) by an ultimate user, the preparation or
4 compounding of a controlled substance for his or her own
5 use;
6 (2) by a practitioner, or his or her authorized agent
7 under his or her supervision, the preparation,
8 compounding, packaging, or labeling of a controlled
9 substance:
10 (a) as an incident to his or her administering or
11 dispensing of a controlled substance in the course of
12 his or her professional practice; or
13 (b) as an incident to lawful research, teaching or
14 chemical analysis and not for sale; or
15 (3) the packaging, repackaging, or labeling of drugs
16 only to the extent permitted under the Illinois Drug Reuse
17 Opportunity Program Act.
18 (z-1) (Blank).
19 (z-5) "Medication shopping" means the conduct prohibited
20 under subsection (a) of Section 314.5 of this Act.
21 (z-10) "Mid-level practitioner" means (i) a physician
22 assistant who has been delegated authority to prescribe
23 through a written delegation of authority by a physician
24 licensed to practice medicine in all of its branches, in
25 accordance with Section 7.5 of the Physician Assistant
26 Practice Act of 1987, (ii) an advanced practice registered
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1 nurse who has been delegated authority to prescribe through a
2 written delegation of authority by a physician licensed to
3 practice medicine in all of its branches or by a podiatric
4 physician, in accordance with Section 65-40 of the Nurse
5 Practice Act, (iii) an advanced practice registered nurse
6 certified as a nurse practitioner, nurse midwife, or clinical
7 nurse specialist who has been granted authority to prescribe
8 by a hospital affiliate in accordance with Section 65-45 of
9 the Nurse Practice Act, (iv) an animal euthanasia agency, or
10 (v) a prescribing psychologist.
11 (aa) "Narcotic drug" means any of the following, whether
12 produced directly or indirectly by extraction from substances
13 of vegetable origin, or independently by means of chemical
14 synthesis, or by a combination of extraction and chemical
15 synthesis:
16 (1) opium, opiates, derivatives of opium and opiates,
17 including their isomers, esters, ethers, salts, and salts
18 of isomers, esters, and ethers, whenever the existence of
19 such isomers, esters, ethers, and salts is possible within
20 the specific chemical designation; however the term
21 "narcotic drug" does not include the isoquinoline
22 alkaloids of opium;
23 (2) (blank);
24 (3) opium poppy and poppy straw;
25 (4) coca leaves, except coca leaves and extracts of
26 coca leaves from which substantially all of the cocaine
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1 and ecgonine, and their isomers, derivatives and salts,
2 have been removed;
3 (5) cocaine, its salts, optical and geometric isomers,
4 and salts of isomers;
5 (6) ecgonine, its derivatives, their salts, isomers,
6 and salts of isomers;
7 (7) any compound, mixture, or preparation which
8 contains any quantity of any of the substances referred to
9 in subparagraphs (1) through (6).
10 (bb) "Nurse" means a registered nurse licensed under the
11 Nurse Practice Act.
12 (cc) (Blank).
13 (dd) "Opiate" means a drug derived from or related to
14 opium any substance having an addiction forming or addiction
15 sustaining liability similar to morphine or being capable of
16 conversion into a drug having addiction forming or addiction
17 sustaining liability.
18 (ee) "Opium poppy" means the plant of the species Papaver
19 somniferum L., except its seeds.
20 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
21 solution or other liquid form of medication intended for
22 administration by mouth, but the term does not include a form
23 of medication intended for buccal, sublingual, or transmucosal
24 administration.
25 (ff) "Parole and Pardon Board" means the Parole and Pardon
26 Board of the State of Illinois or its successor agency.
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1 (gg) "Person" means any individual, corporation,
2 mail-order pharmacy, government or governmental subdivision or
3 agency, business trust, estate, trust, partnership or
4 association, or any other entity.
5 (hh) "Pharmacist" means any person who holds a license or
6 certificate of registration as a registered pharmacist, a
7 local registered pharmacist or a registered assistant
8 pharmacist under the Pharmacy Practice Act.
9 (ii) "Pharmacy" means any store, ship or other place in
10 which pharmacy is authorized to be practiced under the
11 Pharmacy Practice Act.
12 (ii-5) "Pharmacy shopping" means the conduct prohibited
13 under subsection (b) of Section 314.5 of this Act.
14 (ii-10) "Physician" (except when the context otherwise
15 requires) means a person licensed to practice medicine in all
16 of its branches.
17 (jj) "Poppy straw" means all parts, except the seeds, of
18 the opium poppy, after mowing.
19 (kk) "Practitioner" means a physician licensed to practice
20 medicine in all its branches, dentist, optometrist, podiatric
21 physician, veterinarian, scientific investigator, pharmacist,
22 physician assistant, advanced practice registered nurse,
23 licensed practical nurse, registered nurse, emergency medical
24 services personnel, hospital, laboratory, or pharmacy, or
25 other person licensed, registered, or otherwise lawfully
26 permitted by the United States or this State to distribute,
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1 dispense, conduct research with respect to, administer or use
2 in teaching or chemical analysis, a controlled substance in
3 the course of professional practice or research.
4 (ll) "Pre-printed prescription" means a written
5 prescription upon which the designated drug has been indicated
6 prior to the time of issuance; the term does not mean a written
7 prescription that is individually generated by machine or
8 computer in the prescriber's office.
9 (mm) "Prescriber" means a physician licensed to practice
10 medicine in all its branches, dentist, optometrist,
11 prescribing psychologist licensed under Section 4.2 of the
12 Clinical Psychologist Licensing Act with prescriptive
13 authority delegated under Section 4.3 of the Clinical
14 Psychologist Licensing Act, podiatric physician, or
15 veterinarian who issues a prescription, a physician assistant
16 who issues a prescription for a controlled substance in
17 accordance with Section 303.05, a written delegation, and a
18 written collaborative agreement required under Section 7.5 of
19 the Physician Assistant Practice Act of 1987, an advanced
20 practice registered nurse with prescriptive authority
21 delegated under Section 65-40 of the Nurse Practice Act and in
22 accordance with Section 303.05, a written delegation, and a
23 written collaborative agreement under Section 65-35 of the
24 Nurse Practice Act, an advanced practice registered nurse
25 certified as a nurse practitioner, nurse midwife, or clinical
26 nurse specialist who has been granted authority to prescribe
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1 by a hospital affiliate in accordance with Section 65-45 of
2 the Nurse Practice Act and in accordance with Section 303.05,
3 or an advanced practice registered nurse certified as a nurse
4 practitioner, nurse midwife, or clinical nurse specialist who
5 has full practice authority pursuant to Section 65-43 of the
6 Nurse Practice Act.
7 (nn) "Prescription" means a written, facsimile, or oral
8 order, or an electronic order that complies with applicable
9 federal requirements, of a physician licensed to practice
10 medicine in all its branches, dentist, podiatric physician or
11 veterinarian for any controlled substance, of an optometrist
12 in accordance with Section 15.1 of the Illinois Optometric
13 Practice Act of 1987, of a prescribing psychologist licensed
14 under Section 4.2 of the Clinical Psychologist Licensing Act
15 with prescriptive authority delegated under Section 4.3 of the
16 Clinical Psychologist Licensing Act, of a physician assistant
17 for a controlled substance in accordance with Section 303.05,
18 a written delegation, and a written collaborative agreement
19 required under Section 7.5 of the Physician Assistant Practice
20 Act of 1987, of an advanced practice registered nurse with
21 prescriptive authority delegated under Section 65-40 of the
22 Nurse Practice Act who issues a prescription for a controlled
23 substance in accordance with Section 303.05, a written
24 delegation, and a written collaborative agreement under
25 Section 65-35 of the Nurse Practice Act, of an advanced
26 practice registered nurse certified as a nurse practitioner,
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1 nurse midwife, or clinical nurse specialist who has been
2 granted authority to prescribe by a hospital affiliate in
3 accordance with Section 65-45 of the Nurse Practice Act and in
4 accordance with Section 303.05 when required by law, or of an
5 advanced practice registered nurse certified as a nurse
6 practitioner, nurse midwife, or clinical nurse specialist who
7 has full practice authority pursuant to Section 65-43 of the
8 Nurse Practice Act.
9 (nn-5) "Prescription Information Library" (PIL) means an
10 electronic library that contains reported controlled substance
11 data.
12 (nn-10) "Prescription Monitoring Program" (PMP) means the
13 entity that collects, tracks, and stores reported data on
14 controlled substances and select drugs pursuant to Section
15 316.
16 (oo) "Production" or "produce" means manufacture,
17 planting, cultivating, growing, or harvesting of a controlled
18 substance other than methamphetamine.
19 (pp) "Registrant" means every person who is required to
20 register under Section 302 of this Act.
21 (qq) "Registry number" means the number assigned to each
22 person authorized to handle controlled substances under the
23 laws of the United States and of this State.
24 (qq-5) "Secretary" means, as the context requires, either
25 the Secretary of the Department or the Secretary of the
26 Department of Financial and Professional Regulation, and the
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1 Secretary's designated agents.
2 (rr) "State" includes the State of Illinois and any state,
3 district, commonwealth, territory, insular possession thereof,
4 and any area subject to the legal authority of the United
5 States of America.
6 (rr-5) "Stimulant" means any drug that (i) causes an
7 overall excitation of central nervous system functions, (ii)
8 causes impaired consciousness and awareness, and (iii) can be
9 habit-forming or lead to a substance use disorder abuse
10 problem, including, but not limited to, amphetamines and their
11 analogs, methylphenidate and its analogs, cocaine, and
12 phencyclidine and its analogs.
13 (rr-10) "Synthetic drug" includes, but is not limited to,
14 any synthetic cannabinoids or piperazines or any synthetic
15 cathinones as provided for in Schedule I.
16 (ss) "Ultimate user" means a person who lawfully possesses
17 a controlled substance for his or her own use or for the use of
18 a member of his or her household or for administering to an
19 animal owned by him or her or by a member of his or her
20 household.
21 (Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
22 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
23 (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
24 Sec. 201. (a) The Department shall carry out the
25 provisions of this Article. The Department or its successor
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1 agency may, by administrative rule, add additional substances
2 to or delete or reschedule all controlled substances in the
3 Schedules of Sections 204, 206, 208, 210 and 212 of this Act.
4 In making a determination regarding the addition, deletion, or
5 rescheduling of a substance, the Department shall consider the
6 following:
7 (1) the actual or relative potential for misuse abuse;
8 (2) the scientific evidence of its pharmacological
9 effect, if known;
10 (3) the state of current scientific knowledge
11 regarding the substance;
12 (4) the history and current pattern of misuse abuse;
13 (5) the scope, duration, and significance of misuse
14 abuse;
15 (6) the risk to the public health;
16 (7) the potential of the substance to produce
17 psychological or physiological dependence or a substance
18 use disorder;
19 (8) whether the substance is an immediate precursor of
20 a substance already controlled under this Article;
21 (9) the immediate harmful effect in terms of
22 potentially fatal dosage; and
23 (10) the long-range effects in terms of permanent
24 health impairment.
25 (b) (Blank).
26 (c) (Blank).
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1 (d) If any substance is scheduled, rescheduled, or deleted
2 as a controlled substance under Federal law and notice thereof
3 is given to the Department, the Department shall similarly
4 control the substance under this Act after the expiration of
5 30 days from publication in the Federal Register of a final
6 order scheduling a substance as a controlled substance or
7 rescheduling or deleting a substance, unless within that 30
8 day period the Department objects, or a party adversely
9 affected files with the Department substantial written
10 objections objecting to inclusion, rescheduling, or deletion.
11 In that case, the Department shall publish the reasons for
12 objection or the substantial written objections and afford all
13 interested parties an opportunity to be heard. At the
14 conclusion of the hearing, the Department shall publish its
15 decision, by means of a rule, which shall be final unless
16 altered by statute. Upon publication of objections by the
17 Department, similar control under this Act whether by
18 inclusion, rescheduling or deletion is stayed until the
19 Department publishes its ruling.
20 (e) (Blank).
21 (f) (Blank).
22 (g) Authority to control under this Section does not
23 extend to distilled spirits, wine, malt beverages, or tobacco
24 as those terms are defined or used in the Liquor Control Act of
25 1934 and the Tobacco Products Tax Act of 1995.
26 (h) Persons registered with the Drug Enforcement
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1 Administration to manufacture or distribute controlled
2 substances shall maintain adequate security and provide
3 effective controls and procedures to guard against theft and
4 diversion, but shall not otherwise be required to meet the
5 physical security control requirements (such as cage or vault)
6 for Schedule V controlled substances containing
7 pseudoephedrine or Schedule II controlled substances
8 containing dextromethorphan.
9 (Source: P.A. 97-334, eff. 1-1-12; 98-756, eff. 7-16-14.)
10 (720 ILCS 570/203) (from Ch. 56 1/2, par. 1203)
11 Sec. 203. The Department, taking into consideration the
12 recommendations of its Prescription Monitoring Program
13 Advisory Committee, may issue a rule scheduling a substance in
14 Schedule I if it finds that:
15 (1) the substance has high potential for misuse abuse;
16 and
17 (2) the substance has no currently accepted medical
18 use in treatment in the United States or lacks accepted
19 safety for use in treatment under medical supervision.
20 (Source: P.A. 97-334, eff. 1-1-12.)
21 (720 ILCS 570/205) (from Ch. 56 1/2, par. 1205)
22 Sec. 205. The Department, taking into consideration the
23 recommendations of its Prescription Monitoring Program
24 Advisory Committee, may issue a rule scheduling a substance in
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1 Schedule II if it finds that:
2 (1) the substance has high potential for misuse abuse;
3 (2) the substance has currently accepted medical use
4 in treatment in the United States, or currently accepted
5 medical use with severe restrictions; and
6 (3) the misuse abuse of the substance may lead to
7 severe psychological or physiological dependence.
8 (Source: P.A. 97-334, eff. 1-1-12.)
9 (720 ILCS 570/207) (from Ch. 56 1/2, par. 1207)
10 Sec. 207. 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 III if it finds that:
14 (1) the substance has a potential for misuse abuse
15 less than the substances listed in Schedule I and II;
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 moderate
19 or low physiological dependence or high psychological
20 dependence.
21 (Source: P.A. 97-334, eff. 1-1-12.)
22 (720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
23 Sec. 208. (a) The controlled substances listed in this
24 Section are included in Schedule III.
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1 (b) Unless specifically excepted or unless listed in
2 another schedule, any material, compound, mixture, or
3 preparation which contains any quantity of the following
4 substances having a stimulant effect on the central nervous
5 system, including its salts, isomers (whether optical
6 position, or geometric), and salts of such isomers whenever
7 the existence of such salts, isomers, and salts of isomers is
8 possible within the specific chemical designation;
9 (1) Those compounds, mixtures, or preparations in
10 dosage unit form containing any stimulant substances
11 listed in Schedule II which compounds, mixtures, or
12 preparations were listed on August 25, 1971, as excepted
13 compounds under Title 21, Code of Federal Regulations,
14 Section 308.32, and any other drug of the quantitative
15 composition shown in that list for those drugs or which is
16 the same except that it contains a lesser quantity of
17 controlled substances;
18 (2) Benzphetamine;
19 (3) Chlorphentermine;
20 (4) Clortermine;
21 (5) Phendimetrazine.
22 (c) Unless specifically excepted or unless listed in
23 another schedule, any material, compound, mixture, or
24 preparation which contains any quantity of the following
25 substances having a potential for misuse abuse associated with
26 a depressant effect on the central nervous system:
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1 (1) Any compound, mixture, or preparation containing
2 amobarbital, secobarbital, pentobarbital or any salt
3 thereof and one or more other active medicinal ingredients
4 which are not listed in any schedule;
5 (2) Any suppository dosage form containing
6 amobarbital, secobarbital, pentobarbital or any salt of
7 any of these drugs and approved by the Federal Food and
8 Drug Administration for marketing only as a suppository;
9 (3) Any substance which contains any quantity of a
10 derivative of barbituric acid, or any salt thereof:
11 (3.1) Aprobarbital;
12 (3.2) Butabarbital (secbutabarbital);
13 (3.3) Butalbital;
14 (3.4) Butobarbital (butethal);
15 (4) Chlorhexadol;
16 (5) Methyprylon;
17 (6) Sulfondiethylmethane;
18 (7) Sulfonethylmethane;
19 (8) Sulfonmethane;
20 (9) Lysergic acid;
21 (10) Lysergic acid amide;
22 (10.1) Tiletamine or zolazepam or both, or any salt of
23 either of them.
24 Some trade or other names for a tiletamine-zolazepam
25 combination product: Telazol.
26 Some trade or other names for Tiletamine:
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1 2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
2 Some trade or other names for zolazepam:
3 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
4 [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
5 (11) Any material, compound, mixture or preparation
6 containing not more than 12.5 milligrams of pentazocine or
7 any of its salts, per 325 milligrams of aspirin;
8 (12) Any material, compound, mixture or preparation
9 containing not more than 12.5 milligrams of pentazocine or
10 any of its salts, per 325 milligrams of acetaminophen;
11 (13) Any material, compound, mixture or preparation
12 containing not more than 50 milligrams of pentazocine or
13 any of its salts plus naloxone HCl USP 0.5 milligrams, per
14 dosage unit;
15 (14) Ketamine;
16 (15) Thiopental.
17 (d) Nalorphine.
18 (d.5) Buprenorphine.
19 (e) Unless specifically excepted or unless listed in
20 another schedule, any material, compound, mixture, or
21 preparation containing limited quantities of any of the
22 following narcotic drugs, or their salts calculated as the
23 free anhydrous base or alkaloid, as set forth below:
24 (1) not more than 1.8 grams of codeine per 100
25 milliliters or not more than 90 milligrams per dosage
26 unit, with an equal or greater quantity of an isoquinoline
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1 alkaloid of opium;
2 (2) not more than 1.8 grams of codeine per 100
3 milliliters or not more than 90 milligrams per dosage
4 unit, with one or more active non-narcotic ingredients in
5 recognized therapeutic amounts;
6 (3) (blank);
7 (4) (blank);
8 (5) not more than 1.8 grams of dihydrocodeine per 100
9 milliliters or not more than 90 milligrams per dosage
10 unit, with one or more active, non-narcotic ingredients in
11 recognized therapeutic amounts;
12 (6) not more than 300 milligrams of ethylmorphine per
13 100 milliliters or not more than 15 milligrams per dosage
14 unit, with one or more active, non-narcotic ingredients in
15 recognized therapeutic amounts;
16 (7) not more than 500 milligrams of opium per 100
17 milliliters or per 100 grams, or not more than 25
18 milligrams per dosage unit, with one or more active,
19 non-narcotic ingredients in recognized therapeutic
20 amounts;
21 (8) not more than 50 milligrams of morphine per 100
22 milliliters or per 100 grams with one or more active,
23 non-narcotic ingredients in recognized therapeutic
24 amounts.
25 (f) Anabolic steroids, except the following anabolic
26 steroids that are exempt:
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1 (1) Androgyn L.A.;
2 (2) Andro-Estro 90-4;
3 (3) depANDROGYN;
4 (4) DEPO-T.E.;
5 (5) depTESTROGEN;
6 (6) Duomone;
7 (7) DURATESTRIN;
8 (8) DUO-SPAN II;
9 (9) Estratest;
10 (10) Estratest H.S.;
11 (11) PAN ESTRA TEST;
12 (12) Premarin with Methyltestosterone;
13 (13) TEST-ESTRO Cypionates;
14 (14) Testosterone Cyp 50 Estradiol Cyp 2;
15 (15) Testosterone Cypionate-Estradiol Cypionate
16 injection; and
17 (16) Testosterone Enanthate-Estradiol Valerate
18 injection.
19 (g) Hallucinogenic substances.
20 (1) Dronabinol (synthetic) in sesame oil and
21 encapsulated in a soft gelatin capsule in a U.S. Food and
22 Drug Administration approved product. Some other names for
23 dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
24 6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or
25 (-)-delta-9-(trans)-tetrahydrocannabinol.
26 (2) (Reserved).
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1 (h) The Department may except by rule any compound,
2 mixture, or preparation containing any stimulant or depressant
3 substance listed in subsection (b) from the application of all
4 or any part of this Act if the compound, mixture, or
5 preparation contains one or more active medicinal ingredients
6 not having a stimulant or depressant effect on the central
7 nervous system, and if the admixtures are included therein in
8 combinations, quantity, proportion, or concentration that
9 vitiate the potential for misuse abuse of the substances which
10 have a stimulant or depressant effect on the central nervous
11 system.
12 (Source: P.A. 100-368, eff. 1-1-18.)
13 (720 ILCS 570/209) (from Ch. 56 1/2, par. 1209)
14 Sec. 209. The Department, taking into consideration the
15 recommendations of its Prescription Monitoring Program
16 Advisory Committee, may issue a rule scheduling a substance in
17 Schedule IV if it finds that:
18 (1) the substance has a low potential for misuse abuse
19 relative to substances in Schedule III;
20 (2) the substance has currently accepted medical use
21 in treatment in the United States; and
22 (3) misuse abuse of the substance may lead to limited
23 physiological dependence or psychological dependence
24 relative to the substances in Schedule III.
25 (Source: P.A. 97-334, eff. 1-1-12.)
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1 (720 ILCS 570/210) (from Ch. 56 1/2, par. 1210)
2 Sec. 210. (a) The controlled substances listed in this
3 Section are included in Schedule IV.
4 (b) Unless specifically excepted or unless listed in
5 another schedule, any material, compound, mixture, or
6 preparation containing limited quantities of any of the
7 following narcotic drugs, or their salts calculated as the
8 free anhydrous base or alkaloid, as set forth below:
9 (1) Not more than 1 milligram of difenoxin (DEA Drug
10 Code No. 9618) and not less than 25 micrograms of atropine
11 sulfate per dosage unit.
12 (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
13 2-diphenyl-3-methyl-2-propionoxybutane).
14 (c) Unless specifically excepted or unless listed in
15 another schedule, any material, compound, mixture, or
16 preparation which contains any quantity of the following
17 substances having a potential for misuse abuse associated with
18 a depressant effect on the central nervous system:
19 (1) Alprazolam;
20 (2) Barbital;
21 (2.1) Bromazepam;
22 (2.2) Camazepam;
23 (2.3) Carisoprodol;
24 (3) Chloral Betaine;
25 (4) Chloral Hydrate;
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1 (5) Chlordiazepoxide;
2 (5.1) Clobazam;
3 (6) Clonazepam;
4 (7) Clorazepate;
5 (7.1) Clotiazepam;
6 (7.2) Cloxazolam;
7 (7.3) Delorazepam;
8 (8) Diazepam;
9 (8.05) Dichloralphenazone;
10 (8.1) Estazolam;
11 (9) Ethchlorvynol;
12 (10) Ethinamate;
13 (10.1) Ethyl loflazepate;
14 (10.2) Fludiazepam;
15 (10.3) Flunitrazepam;
16 (11) Flurazepam;
17 (11.1) Fospropofol;
18 (12) Halazepam;
19 (12.1) Haloxazolam;
20 (12.2) Ketazolam;
21 (12.3) Loprazolam;
22 (13) Lorazepam;
23 (13.1) Lormetazepam;
24 (14) Mebutamate;
25 (14.1) Medazepam;
26 (15) Meprobamate;
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1 (16) Methohexital;
2 (17) Methylphenobarbital (Mephobarbital);
3 (17.1) Midazolam;
4 (17.2) Nimetazepam;
5 (17.3) Nitrazepam;
6 (17.4) Nordiazepam;
7 (18) Oxazepam;
8 (18.1) Oxazolam;
9 (19) Paraldehyde;
10 (20) Petrichloral;
11 (21) Phenobarbital;
12 (21.1) Pinazepam;
13 (22) Prazepam;
14 (22.1) Quazepam;
15 (23) Temazepam;
16 (23.1) Tetrazepam;
17 (23.2) Tramadol;
18 (24) Triazolam;
19 (24.5) Zaleplon;
20 (25) Zolpidem;
21 (26) Zopiclone.
22 (d) Any material, compound, mixture, or preparation which
23 contains any quantity of the following substances, including
24 its salts, isomers (whether optical, position, or geometric),
25 and salts of such isomers, whenever the existence of such
26 salts, isomers and salts of isomers is possible:
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1 (1) Fenfluramine.
2 (e) Unless specifically excepted or unless listed in
3 another schedule any material, compound, mixture, or
4 preparation which contains any quantity of the following
5 substances having a stimulant effect on the central nervous
6 system, including its salts, isomers (whether optical,
7 position or geometric), and salts of such isomers whenever the
8 existence of such salts, isomers, and salts of isomers is
9 possible within the specific chemical designation:
10 (1) Cathine ((+)-norpseudoephedrine);
11 (1.1) Diethylpropion;
12 (1.2) Fencamfamin;
13 (1.3) Fenproporex;
14 (2) Mazindol;
15 (2.1) Mefenorex;
16 (3) Phentermine;
17 (4) Pemoline (including organometallic complexes and
18 chelates thereof);
19 (5) Pipradrol;
20 (6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
21 (7) Modafinil;
22 (8) Sibutramine.
23 (f) Other Substances. Unless specifically excepted or
24 unless listed in another schedule, any material, compound,
25 mixture, or preparation that contains any quantity of the
26 following substance, including its salts:
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1 (1) Butorphanol (including its optical isomers).
2 (g) The Department may except by rule any compound,
3 mixture, or preparation containing any depressant substance
4 listed in subsection (b) from the application of all or any
5 part of this Act if the compound, mixture, or preparation
6 contains one or more active medicinal ingredients not having a
7 depressant effect on the central nervous system, and if the
8 admixtures are included therein in combinations, quantity,
9 proportion, or concentration that vitiate the potential for
10 misuse abuse of the substances which have a depressant effect
11 on the central nervous system.
12 (h) Except as otherwise provided in Section 216, any
13 material, compound, mixture, or preparation that contains any
14 quantity of the following substance having a stimulant effect
15 on the central nervous system, including its salts,
16 enantiomers (optical isomers) and salts of enantiomers
17 (optical isomers):
18 (1) Ephedrine, its salts, optical isomers and salts of
19 optical isomers.
20 (Source: P.A. 97-334, eff. 1-1-12.)
21 (720 ILCS 570/211) (from Ch. 56 1/2, par. 1211)
22 Sec. 211. The Department, taking into consideration the
23 recommendations of its Prescription Monitoring Program
24 Advisory Committee, may issue a rule scheduling a substance in
25 Schedule V if it finds that:
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1 (1) the substance has low potential for misuse abuse
2 relative to the controlled substances listed in Schedule
3 IV;
4 (2) the substance has currently accepted medical use
5 in treatment in the United States; and
6 (3) misuse abuse of the substance may lead to limited
7 physiological dependence or psychological dependence
8 relative to the substances in Schedule IV, or the
9 substance is a targeted methamphetamine precursor as
10 defined in the Methamphetamine Precursor Control Act.
11 (Source: P.A. 97-334, eff. 1-1-12.)
12 (720 ILCS 570/216)
13 Sec. 216. Ephedrine.
14 (a) The following drug products containing ephedrine, its
15 salts, optical isomers and salts of optical isomers shall be
16 exempt from the application of Sections 312 and 313 of this Act
17 if they: (i) may lawfully be sold over-the-counter without a
18 prescription under the Federal Food, Drug, and Cosmetic Act;
19 (ii) are labeled and marketed in a manner consistent with
20 Section 341.76 of Title 21 of the Code of Federal Regulations;
21 (iii) are manufactured and distributed for legitimate
22 medicinal use in a manner that reduces or eliminates the
23 likelihood of abuse; and (iv) are not marketed, advertised, or
24 labeled for the indications of stimulation, mental alertness,
25 weight loss, muscle enhancement, appetite control, or energy:
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1 (1) Solid oral dosage forms, including soft gelatin
2 caplets, which are formulated pursuant to 21 CFR 341 or
3 its successor, and packaged in blister packs of not more
4 than 2 tablets per blister.
5 (2) Anorectal preparations containing not more than 5%
6 ephedrine.
7 (b) The marketing, advertising, or labeling of any product
8 containing ephedrine, a salt of ephedrine, an optical isomer
9 of ephedrine, or a salt of an optical isomer of ephedrine, for
10 the indications of stimulation, mental alertness, weight loss,
11 appetite control, or energy, is prohibited. In determining
12 compliance with this requirement the Department may consider
13 the following factors:
14 (1) The packaging of the drug product;
15 (2) The name and labeling of the product;
16 (3) The manner of distribution, advertising, and
17 promotion of the product;
18 (4) Verbal representations made concerning the
19 product;
20 (5) The duration, scope, and significance of abuse or
21 misuse of the particular product.
22 (c) A violation of this Section is a Class A misdemeanor. A
23 second or subsequent violation of this Section is a Class 4
24 felony.
25 (d) This Section does not apply to dietary supplements,
26 herbs, or other natural products, including concentrates or
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1 extracts, which:
2 (1) are not otherwise prohibited by law; and
3 (2) may contain naturally occurring ephedrine,
4 ephedrine alkaloids, or pseudoephedrine, or their salts,
5 isomers, or salts of isomers, or a combination of these
6 substances, that:
7 (i) are contained in a matrix of organic material;
8 and
9 (ii) do not exceed 15% of the total weight of the
10 natural product.
11 (e) Nothing in this Section limits the scope or terms of
12 the Methamphetamine Precursor Control Act.
13 (Source: P.A. 94-694, eff. 1-15-06.)
14 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
15 Sec. 312. Requirements for dispensing controlled
16 substances.
17 (a) A practitioner, in good faith, may dispense a Schedule
18 II controlled substance, which is a narcotic drug listed in
19 Section 206 of this Act; or which contains any quantity of
20 amphetamine or methamphetamine, their salts, optical isomers
21 or salts of optical isomers; phenmetrazine and its salts; or
22 pentazocine; and Schedule III, IV, or V controlled substances
23 to any person upon a written or electronic prescription of any
24 prescriber, dated and signed by the person prescribing (or
25 electronically validated in compliance with Section 311.5) on
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1 the day when issued and bearing the name and address of the
2 patient for whom, or the owner of the animal for which the
3 controlled substance is dispensed, and the full name, address
4 and registry number under the laws of the United States
5 relating to controlled substances of the prescriber, if he or
6 she is required by those laws to be registered. If the
7 prescription is for an animal it shall state the species of
8 animal for which it is ordered. The practitioner filling the
9 prescription shall, unless otherwise permitted, write the date
10 of filling and his or her own signature on the face of the
11 written prescription or, alternatively, shall indicate such
12 filling using a unique identifier as defined in paragraph (v)
13 of Section 3 of the Pharmacy Practice Act. The written
14 prescription shall be retained on file by the practitioner who
15 filled it or pharmacy in which the prescription was filled for
16 a period of 2 years, so as to be readily accessible for
17 inspection or removal by any officer or employee engaged in
18 the enforcement of this Act. Whenever the practitioner's or
19 pharmacy's copy of any prescription is removed by an officer
20 or employee engaged in the enforcement of this Act, for the
21 purpose of investigation or as evidence, such officer or
22 employee shall give to the practitioner or pharmacy a receipt
23 in lieu thereof. If the specific prescription is machine or
24 computer generated and printed at the prescriber's office, the
25 date does not need to be handwritten. A prescription for a
26 Schedule II controlled substance shall not be issued for more
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1 than a 30 day supply, except as provided in subsection (a-5),
2 and shall be valid for up to 90 days after the date of
3 issuance. A written prescription for Schedule III, IV or V
4 controlled substances shall not be filled or refilled more
5 than 6 months after the date thereof or refilled more than 5
6 times unless renewed, in writing, by the prescriber. A
7 pharmacy shall maintain a policy regarding the type of
8 identification necessary, if any, to receive a prescription in
9 accordance with State and federal law. The pharmacy must post
10 such information where prescriptions are filled.
11 (a-5) Physicians may issue multiple prescriptions (3
12 sequential 30-day supplies) for the same Schedule II
13 controlled substance, authorizing up to a 90-day supply.
14 Before authorizing a 90-day supply of a Schedule II controlled
15 substance, the physician must meet the following conditions:
16 (1) Each separate prescription must be issued for a
17 legitimate medical purpose by an individual physician
18 acting in the usual course of professional practice.
19 (2) The individual physician must provide written
20 instructions on each prescription (other than the first
21 prescription, if the prescribing physician intends for the
22 prescription to be filled immediately) indicating the
23 earliest date on which a pharmacy may fill that
24 prescription.
25 (3) The physician shall document in the medical record
26 of a patient the medical necessity for the amount and
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1 duration of the 3 sequential 30-day prescriptions for
2 Schedule II narcotics.
3 (a-10) Prescribers who issue a prescription for an opioid
4 shall inform the patient that opioids are addictive and that
5 opioid antagonists are available by prescription or from a
6 pharmacy.
7 (b) In lieu of a written prescription required by this
8 Section, a pharmacist, in good faith, may dispense Schedule
9 III, IV, or V substances to any person either upon receiving a
10 facsimile of a written, signed prescription transmitted by the
11 prescriber or the prescriber's agent or upon a lawful oral
12 prescription of a prescriber which oral prescription shall be
13 reduced promptly to writing by the pharmacist and such written
14 memorandum thereof shall be dated on the day when such oral
15 prescription is received by the pharmacist and shall bear the
16 full name and address of the ultimate user for whom, or of the
17 owner of the animal for which the controlled substance is
18 dispensed, and the full name, address, and registry number
19 under the law of the United States relating to controlled
20 substances of the prescriber prescribing if he or she is
21 required by those laws to be so registered, and the pharmacist
22 filling such oral prescription shall write the date of filling
23 and his or her own signature on the face of such written
24 memorandum thereof. The facsimile copy of the prescription or
25 written memorandum of the oral prescription shall be retained
26 on file by the proprietor of the pharmacy in which it is filled
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1 for a period of not less than two years, so as to be readily
2 accessible for inspection by any officer or employee engaged
3 in the enforcement of this Act in the same manner as a written
4 prescription. The facsimile copy of the prescription or oral
5 prescription and the written memorandum thereof shall not be
6 filled or refilled more than 6 months after the date thereof or
7 be refilled more than 5 times, unless renewed, in writing, by
8 the prescriber.
9 (c) Except for any non-prescription targeted
10 methamphetamine precursor regulated by the Methamphetamine
11 Precursor Control Act, a controlled substance included in
12 Schedule V shall not be distributed or dispensed other than
13 for a medical purpose and not for the purpose of evading this
14 Act, and then:
15 (1) only personally by a person registered to dispense
16 a Schedule V controlled substance and then only to his or
17 her patients, or
18 (2) only personally by a pharmacist, and then only to
19 a person over 21 years of age who has identified himself or
20 herself to the pharmacist by means of 2 positive documents
21 of identification.
22 The dispenser shall record the name and address of the
23 purchaser, the name and quantity of the product, the date and
24 time of the sale, and the dispenser's signature.
25 No person shall purchase or be dispensed more than 120
26 milliliters or more than 120 grams of any Schedule V substance
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1 which contains codeine, dihydrocodeine, or any salts thereof,
2 or ethylmorphine, or any salts thereof, in any 96-hour period.
3 The purchaser shall sign a form, approved by the Department of
4 Financial and Professional Regulation, attesting that he or
5 she has not purchased any Schedule V controlled substances
6 within the immediately preceding 96 hours.
7 All records of purchases and sales shall be maintained for
8 not less than 2 years.
9 No person shall obtain or attempt to obtain within any
10 consecutive 96-hour period any Schedule V substances of more
11 than 120 milliliters or more than 120 grams containing
12 codeine, dihydrocodeine or any of its salts, or ethylmorphine
13 or any of its salts. Any person obtaining any such
14 preparations or combination of preparations in excess of this
15 limitation shall be in unlawful possession of such controlled
16 substance.
17 A person qualified to dispense controlled substances under
18 this Act and registered thereunder shall at no time maintain
19 or keep in stock a quantity of Schedule V controlled
20 substances in excess of 4.5 liters for each substance; a
21 pharmacy shall at no time maintain or keep in stock a quantity
22 of Schedule V controlled substances as defined in excess of
23 4.5 liters for each substance, plus the additional quantity of
24 controlled substances necessary to fill the largest number of
25 prescription orders filled by that pharmacy for such
26 controlled substances in any one week in the previous year.
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1 These limitations shall not apply to Schedule V controlled
2 substances which Federal law prohibits from being dispensed
3 without a prescription.
4 No person shall distribute or dispense butyl nitrite for
5 inhalation or other introduction into the human body for
6 euphoric or physical effect.
7 (d) Every practitioner shall keep a record or log of
8 controlled substances received by him or her and a record of
9 all such controlled substances administered, dispensed or
10 professionally used by him or her otherwise than by
11 prescription. It shall, however, be sufficient compliance with
12 this paragraph if any practitioner utilizing controlled
13 substances listed in Schedules III, IV and V shall keep a
14 record of all those substances dispensed and distributed by
15 him or her other than those controlled substances which are
16 administered by the direct application of a controlled
17 substance, whether by injection, inhalation, ingestion, or any
18 other means to the body of a patient or research subject. A
19 practitioner who dispenses, other than by administering, a
20 controlled substance in Schedule II, which is a narcotic drug
21 listed in Section 206 of this Act, or which contains any
22 quantity of amphetamine or methamphetamine, their salts,
23 optical isomers or salts of optical isomers, pentazocine, or
24 methaqualone shall do so only upon the issuance of a written
25 prescription blank or electronic prescription issued by a
26 prescriber.
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1 (e) Whenever a manufacturer distributes a controlled
2 substance in a package prepared by him or her, and whenever a
3 wholesale distributor distributes a controlled substance in a
4 package prepared by him or her or the manufacturer, he or she
5 shall securely affix to each package in which that substance
6 is contained a label showing in legible English the name and
7 address of the manufacturer, the distributor and the quantity,
8 kind and form of controlled substance contained therein. No
9 person except a pharmacist and only for the purposes of
10 filling a prescription under this Act, shall alter, deface or
11 remove any label so affixed.
12 (f) Whenever a practitioner dispenses any controlled
13 substance except a non-prescription Schedule V product or a
14 non-prescription targeted methamphetamine precursor regulated
15 by the Methamphetamine Precursor Control Act, he or she shall
16 affix to the container in which such substance is sold or
17 dispensed, a label indicating the date of initial filling, the
18 practitioner's name and address, the name of the patient, the
19 name of the prescriber, the directions for use and cautionary
20 statements, if any, contained in any prescription or required
21 by law, the proprietary name or names or the established name
22 of the controlled substance, and the dosage and quantity,
23 except as otherwise authorized by regulation by the Department
24 of Financial and Professional Regulation. No person shall
25 alter, deface or remove any label so affixed as long as the
26 specific medication remains in the container.
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1 (g) A person to whom or for whose use any controlled
2 substance has been prescribed or dispensed by a practitioner,
3 or other persons authorized under this Act, and the owner of
4 any animal for which such substance has been prescribed or
5 dispensed by a veterinarian, may lawfully possess such
6 substance only in the container in which it was delivered to
7 him or her by the person dispensing such substance.
8 (h) The responsibility for the proper prescribing or
9 dispensing of controlled substances that are under the
10 prescriber's direct control is upon the prescriber. The
11 responsibility for the proper filling of a prescription for
12 controlled substance drugs rests with the pharmacist. An order
13 purporting to be a prescription issued to any individual,
14 which is not in the regular course of professional treatment
15 nor part of an authorized methadone maintenance program, nor
16 in legitimate and authorized research instituted by any
17 accredited hospital, educational institution, charitable
18 foundation, or federal, state or local governmental agency,
19 and which is intended to provide that individual with
20 controlled substances sufficient to maintain that individual's
21 or any other individual's physical or psychological addiction,
22 habitual or customary use, dependence, or diversion of that
23 controlled substance is not a prescription within the meaning
24 and intent of this Act; and the person issuing it, shall be
25 subject to the penalties provided for violations of the law
26 relating to controlled substances.
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1 (i) A prescriber shall not pre-print or cause to be
2 pre-printed a prescription for any controlled substance; nor
3 shall any practitioner issue, fill or cause to be issued or
4 filled, a pre-printed prescription for any controlled
5 substance.
6 (i-5) A prescriber may use a machine or electronic device
7 to individually generate a printed prescription, but the
8 prescriber is still required to affix his or her manual
9 signature.
10 (j) No person shall manufacture, dispense, deliver,
11 possess with intent to deliver, prescribe, or administer or
12 cause to be administered under his or her direction any
13 anabolic steroid, for any use in humans other than the
14 treatment of disease in accordance with the order of a
15 physician licensed to practice medicine in all its branches
16 for a valid medical purpose in the course of professional
17 practice. The use of anabolic steroids for the purpose of
18 hormonal manipulation that is intended to increase muscle
19 mass, strength or weight without a medical necessity to do so,
20 or for the intended purpose of improving physical appearance
21 or performance in any form of exercise, sport, or game, is not
22 a valid medical purpose or in the course of professional
23 practice.
24 (k) Controlled substances may be mailed if all of the
25 following conditions are met:
26 (1) The controlled substances are not outwardly
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1 dangerous and are not likely, of their own force, to cause
2 injury to a person's life or health.
3 (2) The inner container of a parcel containing
4 controlled substances must be marked and sealed as
5 required under this Act and its rules, and be placed in a
6 plain outer container or securely wrapped in plain paper.
7 (3) If the controlled substances consist of
8 prescription medicines, the inner container must be
9 labeled to show the name and address of the pharmacy or
10 practitioner dispensing the prescription.
11 (4) The outside wrapper or container must be free of
12 markings that would indicate the nature of the contents.
13 (l) Notwithstanding any other provision of this Act to the
14 contrary, emergency medical services personnel may administer
15 Schedule II, III, IV, or V controlled substances to a person in
16 the scope of their employment without a written, electronic,
17 or oral prescription of a prescriber.
18 (Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23.)
19 (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
20 Sec. 313. (a) Controlled substances which are lawfully
21 administered in hospitals or institutions licensed under the
22 Hospital Licensing Act shall be exempt from the requirements
23 of Sections 312, 315.6, and 316, except that the prescription
24 for the controlled substance shall be in writing on the
25 patient's record, signed by the prescriber, and dated, and
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1 shall state the name and quantity of controlled substances
2 ordered and the quantity actually administered. The records of
3 such prescriptions shall be maintained for two years and shall
4 be available for inspection by officers and employees of the
5 Illinois State Police and the Department of Financial and
6 Professional Regulation.
7 The exemption under this subsection (a) does not apply to
8 a prescription (including an outpatient prescription from an
9 emergency department or outpatient clinic) for more than a
10 72-hour supply of a discharge medication to be consumed
11 outside of the hospital or institution.
12 (b) Controlled substances that can lawfully be
13 administered or dispensed directly to a patient in a long-term
14 care facility licensed by the Department of Public Health as a
15 skilled nursing facility, intermediate care facility, or
16 long-term care facility for residents under 22 years of age,
17 are exempt from the requirements of Section 312 except that a
18 prescription for a Schedule II controlled substance must be
19 either a prescription signed by the prescriber or a
20 prescription transmitted by the prescriber or prescriber's
21 agent to the dispensing pharmacy by facsimile. The facsimile
22 serves as the original prescription and must be maintained for
23 2 years from the date of issue in the same manner as a written
24 prescription signed by the prescriber.
25 (c) A prescription that is generated for a Schedule II
26 controlled substance to be compounded for direct
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1 administration to a patient in a private residence, long-term
2 care facility, or hospice program may be transmitted by
3 facsimile by the prescriber or the prescriber's agent to the
4 pharmacy providing the home infusion services. The facsimile
5 serves as the original prescription for purposes of this
6 paragraph (c) and it shall be maintained in the same manner as
7 the original prescription.
8 (c-1) A prescription generated for a Schedule II
9 controlled substance for a patient residing in a hospice
10 certified by Medicare under Title XVIII of the Social Security
11 Act or licensed by the State may be transmitted by the
12 practitioner or the practitioner's agent to the dispensing
13 pharmacy by facsimile or electronically as provided in Section
14 311.5. The practitioner or practitioner's agent must note on
15 the prescription that the patient is a hospice patient. The
16 facsimile or electronic record serves as the original
17 prescription for purposes of this paragraph (c-1) and it shall
18 be maintained in the same manner as the original prescription.
19 (d) Controlled substances which are lawfully administered
20 and/or dispensed in substance use disorder drug abuse
21 treatment programs licensed by the Department shall be exempt
22 from the requirements of Sections 312 and 316, except that the
23 prescription for such controlled substances shall be issued
24 and authenticated on official prescription logs prepared and
25 maintained in accordance with 77 Ill. Adm. Code 2060:
26 Alcoholism and Substance Abuse Treatment and Intervention
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1 Licenses, and in compliance with other applicable State and
2 federal laws. The Department-licensed drug treatment program
3 shall report applicable prescriptions via electronic record
4 keeping software approved by the Department. This software
5 must be compatible with the specifications of the Department.
6 Substance use disorder Drug abuse treatment programs shall
7 report to the Department methadone prescriptions or
8 medications dispensed through the use of Department-approved
9 File Transfer Protocols (FTPs). Methadone prescription records
10 must be maintained in accordance with the applicable
11 requirements as set forth by the Department in accordance with
12 77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse
13 Treatment and Intervention Licenses, and in compliance with
14 other applicable State and federal laws.
15 (e) Nothing in this Act shall be construed to limit the
16 authority of a hospital pursuant to Section 65-45 of the Nurse
17 Practice Act to grant hospital clinical privileges to an
18 individual advanced practice registered nurse to select, order
19 or administer medications, including controlled substances to
20 provide services within a hospital. Nothing in this Act shall
21 be construed to limit the authority of an ambulatory surgical
22 treatment center pursuant to Section 65-45 of the Nurse
23 Practice Act to grant ambulatory surgical treatment center
24 clinical privileges to an individual advanced practice
25 registered nurse to select, order or administer medications,
26 including controlled substances to provide services within an
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1 ambulatory surgical treatment center.
2 (Source: P.A. 102-608, eff. 8-27-21.)
3 (720 ILCS 570/318)
4 Sec. 318. Confidentiality of information.
5 (a) Information received by the central repository under
6 Section 316 and former Section 321 is confidential.
7 (a-1) To ensure the federal Health Insurance Portability
8 and Accountability Act and confidentiality of substance use
9 disorder patient records rules that mandate the privacy of an
10 individual's prescription data reported to the Prescription
11 Monitoring Program received from a retail dispenser under this
12 Act, and in order to execute the duties and responsibilities
13 under Section 316 of this Act and rules for disclosure under
14 this Section, the Clinical Director of the Prescription
15 Monitoring Program or his or her designee shall maintain
16 direct access to all Prescription Monitoring Program data. Any
17 request for Prescription Monitoring Program data from any
18 other department or agency must be approved in writing by the
19 Clinical Director of the Prescription Monitoring Program or
20 his or her designee unless otherwise permitted by law.
21 Prescription Monitoring Program data shall only be disclosed
22 as permitted by law.
23 (a-2) As an active step to address the current opioid
24 crisis in this State and to prevent and reduce substance use
25 disorders addiction resulting from a sports injury or an
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1 accident, the Prescription Monitoring Program and the
2 Department of Public Health shall coordinate a continuous
3 review of the Prescription Monitoring Program and the
4 Department of Public Health data to determine if a patient may
5 be at risk of opioid use disorder addiction. Each patient
6 discharged from any medical facility with an International
7 Classification of Disease, 10th edition code related to a
8 sport or accident injury shall be subject to the data review.
9 If the discharged patient is dispensed a controlled substance,
10 the Prescription Monitoring Program shall alert the patient's
11 prescriber as to the addiction risk of developing a substance
12 use disorder and urge each to follow the Centers for Disease
13 Control and Prevention guidelines or his or her respective
14 profession's treatment guidelines related to the patient's
15 injury. This subsection (a-2), other than this sentence, is
16 inoperative on or after January 1, 2024.
17 (b) The Department must carry out a program to protect the
18 confidentiality of the information described in subsection
19 (a). The Department may disclose the information to another
20 person only under subsection (c), (d), or (f) and may charge a
21 fee not to exceed the actual cost of furnishing the
22 information.
23 (c) The Department may disclose confidential information
24 described in subsection (a) to any person who is engaged in
25 receiving, processing, or storing the information.
26 (d) The Department may release confidential information
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1 described in subsection (a) to the following persons:
2 (1) A governing body that licenses practitioners and
3 is engaged in an investigation, an adjudication, or a
4 prosecution of a violation under any State or federal law
5 that involves a controlled substance.
6 (2) An investigator for the Consumer Protection
7 Division of the office of the Attorney General, a
8 prosecuting attorney, the Attorney General, a deputy
9 Attorney General, or an investigator from the office of
10 the Attorney General, who is engaged in any of the
11 following activities involving controlled substances:
12 (A) an investigation;
13 (B) an adjudication; or
14 (C) a prosecution of a violation under any State
15 or federal law that involves a controlled substance.
16 (3) A law enforcement officer who is:
17 (A) authorized by the Illinois State Police or the
18 office of a county sheriff or State's Attorney or
19 municipal police department of Illinois to receive
20 information of the type requested for the purpose of
21 investigations involving controlled substances; or
22 (B) approved by the Department to receive
23 information of the type requested for the purpose of
24 investigations involving controlled substances; and
25 (C) engaged in the investigation or prosecution of
26 a violation under any State or federal law that
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1 involves a controlled substance.
2 (4) Select representatives of the Department of
3 Children and Family Services through the indirect online
4 request process. Access shall be established by an
5 intergovernmental agreement between the Department of
6 Children and Family Services and the Department of Human
7 Services.
8 (e) Before the Department releases confidential
9 information under subsection (d), the applicant must
10 demonstrate in writing to the Department that:
11 (1) the applicant has reason to believe that a
12 violation under any State or federal law that involves a
13 controlled substance has occurred; and
14 (2) the requested information is reasonably related to
15 the investigation, adjudication, or prosecution of the
16 violation described in subdivision (1).
17 (f) The Department may receive and release prescription
18 record information under Section 316 and former Section 321
19 to:
20 (1) a governing body that licenses practitioners;
21 (2) an investigator for the Consumer Protection
22 Division of the office of the Attorney General, a
23 prosecuting attorney, the Attorney General, a deputy
24 Attorney General, or an investigator from the office of
25 the Attorney General;
26 (3) any Illinois law enforcement officer who is:
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1 (A) authorized to receive the type of information
2 released; and
3 (B) approved by the Department to receive the type
4 of information released; or
5 (4) prescription monitoring entities in other states
6 per the provisions outlined in subsection (g) and (h)
7 below;
8 confidential prescription record information collected under
9 Sections 316 and 321 (now repealed) that identifies vendors or
10 practitioners, or both, who are prescribing or dispensing
11 large quantities of Schedule II, III, IV, or V controlled
12 substances outside the scope of their practice, pharmacy, or
13 business, as determined by the Advisory Committee created by
14 Section 320.
15 (f-5) In accordance with a confidentiality agreement
16 entered into with the Department, a medical director, or a
17 public health administrator and their delegated analysts, of a
18 county or municipal health department or the Department of
19 Public Health shall have access to data from the system for any
20 of the following purposes:
21 (1) developing education programs or public health
22 interventions relating to prescribing trends and
23 controlled substance use; or
24 (2) conducting analyses and publish reports on
25 prescribing trends in their respective jurisdictions.
26 At a minimum, the confidentiality agreement entered into
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1 with the Department shall:
2 (i) prohibit analysis and reports produced under
3 subparagraph (2) from including information that
4 identifies, by name, license, or address, any
5 practitioner, dispenser, ultimate user, or other person
6 administering a controlled substance; and
7 (ii) specify the appropriate technical and physical
8 safeguards that the county or municipal health department
9 must implement to ensure the privacy and security of data
10 obtained from the system. The data from the system shall
11 not be admissible as evidence, nor discoverable in any
12 action of any kind in any court or before any tribunal,
13 board, agency, or person. The disclosure of any such
14 information or data, whether proper or improper, shall not
15 waive or have any effect upon its confidentiality,
16 non-discoverability, or non-admissibility.
17 (g) The information described in subsection (f) may not be
18 released until it has been reviewed by an employee of the
19 Department who is licensed as a prescriber or a dispenser and
20 until that employee has certified that further investigation
21 is warranted. However, failure to comply with this subsection
22 (g) does not invalidate the use of any evidence that is
23 otherwise admissible in a proceeding described in subsection
24 (h).
25 (h) An investigator or a law enforcement officer receiving
26 confidential information under subsection (c), (d), or (f) may
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1 disclose the information to a law enforcement officer or an
2 attorney for the office of the Attorney General for use as
3 evidence in the following:
4 (1) A proceeding under any State or federal law that
5 involves a controlled substance.
6 (2) A criminal proceeding or a proceeding in juvenile
7 court that involves a controlled substance.
8 (i) The Department may compile statistical reports from
9 the information described in subsection (a). The reports must
10 not include information that identifies, by name, license or
11 address, any practitioner, dispenser, ultimate user, or other
12 person administering a controlled substance.
13 (j) Based upon federal, initial and maintenance funding, a
14 prescriber and dispenser inquiry system shall be developed to
15 assist the health care community in its goal of effective
16 clinical practice and to prevent patients from diverting or
17 abusing medications.
18 (1) An inquirer shall have read-only access to a
19 stand-alone database which shall contain records for the
20 previous 12 months.
21 (2) Dispensers may, upon positive and secure
22 identification, make an inquiry on a patient or customer
23 solely for a medical purpose as delineated within the
24 federal HIPAA law.
25 (3) The Department shall provide a one-to-one secure
26 link and encrypted software necessary to establish the
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1 link between an inquirer and the Department. Technical
2 assistance shall also be provided.
3 (4) Written inquiries are acceptable but must include
4 the fee and the requester's Drug Enforcement
5 Administration license number and submitted upon the
6 requester's business stationery.
7 (5) As directed by the Prescription Monitoring Program
8 Advisory Committee and the Clinical Director for the
9 Prescription Monitoring Program, aggregate data that does
10 not indicate any prescriber, practitioner, dispenser, or
11 patient may be used for clinical studies.
12 (6) Tracking analysis shall be established and used
13 per administrative rule.
14 (7) Nothing in this Act or Illinois law shall be
15 construed to require a prescriber or dispenser to make use
16 of this inquiry system.
17 (8) If there is an adverse outcome because of a
18 prescriber or dispenser making an inquiry, which is
19 initiated in good faith, the prescriber or dispenser shall
20 be held harmless from any civil liability.
21 (k) The Department shall establish, by rule, the process
22 by which to evaluate possible erroneous association of
23 prescriptions to any licensed prescriber or end user of the
24 Illinois Prescription Information Library (PIL).
25 (l) The Prescription Monitoring Program Advisory Committee
26 is authorized to evaluate the need for and method of
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1 establishing a patient specific identifier.
2 (m) Patients who identify prescriptions attributed to them
3 that were not obtained by them shall be given access to their
4 personal prescription history pursuant to the validation
5 process as set forth by administrative rule.
6 (n) The Prescription Monitoring Program is authorized to
7 develop operational push reports to entities with compatible
8 electronic medical records. The process shall be covered
9 within administrative rule established by the Department.
10 (o) Hospital emergency departments and freestanding
11 healthcare facilities providing healthcare to walk-in patients
12 may obtain, for the purpose of improving patient care, a
13 unique identifier for each shift to utilize the PIL system.
14 (p) The Prescription Monitoring Program shall
15 automatically create a log-in to the inquiry system when a
16 prescriber or dispenser obtains or renews his or her
17 controlled substance license. The Department of Financial and
18 Professional Regulation must provide the Prescription
19 Monitoring Program with electronic access to the license
20 information of a prescriber or dispenser to facilitate the
21 creation of this profile. The Prescription Monitoring Program
22 shall send the prescriber or dispenser information regarding
23 the inquiry system, including instructions on how to log into
24 the system, instructions on how to use the system to promote
25 effective clinical practice, and opportunities for continuing
26 education for the prescribing of controlled substances. The
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1 Prescription Monitoring Program shall also send to all
2 enrolled prescribers, dispensers, and designees information
3 regarding the unsolicited reports produced pursuant to Section
4 314.5 of this Act.
5 (q) A prescriber or dispenser may authorize a designee to
6 consult the inquiry system established by the Department under
7 this subsection on his or her behalf, provided that all the
8 following conditions are met:
9 (1) the designee so authorized is employed by the same
10 hospital or health care system; is employed by the same
11 professional practice; or is under contract with such
12 practice, hospital, or health care system;
13 (2) the prescriber or dispenser takes reasonable steps
14 to ensure that such designee is sufficiently competent in
15 the use of the inquiry system;
16 (3) the prescriber or dispenser remains responsible
17 for ensuring that access to the inquiry system by the
18 designee is limited to authorized purposes and occurs in a
19 manner that protects the confidentiality of the
20 information obtained from the inquiry system, and remains
21 responsible for any breach of confidentiality; and
22 (4) the ultimate decision as to whether or not to
23 prescribe or dispense a controlled substance remains with
24 the prescriber or dispenser.
25 The Prescription Monitoring Program shall send to
26 registered designees information regarding the inquiry system,
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1 including instructions on how to log onto the system.
2 (r) The Prescription Monitoring Program shall maintain an
3 Internet website in conjunction with its prescriber and
4 dispenser inquiry system. This website shall include, at a
5 minimum, the following information:
6 (1) current clinical guidelines developed by health
7 care professional organizations on the prescribing of
8 opioids or other controlled substances as determined by
9 the Advisory Committee;
10 (2) accredited continuing education programs related
11 to prescribing of controlled substances;
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 the prescription of
21 controlled substances; and
22 (7) information regarding prescription drug disposal
23 events, including take-back programs or other disposal
24 options or events.
25 The content of the Internet website shall be periodically
26 reviewed by the Prescription Monitoring Program Advisory
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1 Committee as set forth in Section 320 and updated in
2 accordance with the recommendation of the advisory committee.
3 (s) The Prescription Monitoring Program shall regularly
4 send electronic updates to the registered users of the
5 Program. The Prescription Monitoring Program Advisory
6 Committee shall review any communications sent to registered
7 users and also make recommendations for communications as set
8 forth in Section 320. These updates shall include the
9 following information:
10 (1) opportunities for accredited continuing education
11 programs related to prescribing of controlled substances;
12 (2) current clinical guidelines developed by health
13 care professional organizations on the prescribing of
14 opioids or other drugs as determined by the Advisory
15 Committee;
16 (3) programs or information developed by health care
17 professionals that may be used to assess patients or help
18 ensure compliance with prescriptions;
19 (4) updates from the Food and Drug Administration, the
20 Centers for Disease Control and Prevention, and other
21 public and private organizations which are relevant to
22 prescribing;
23 (5) relevant medical studies related to prescribing;
24 (6) other information regarding prescribing of
25 controlled substances;
26 (7) information regarding prescription drug disposal
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1 events, including take-back programs or other disposal
2 options or events; and
3 (8) reminders that the Prescription Monitoring Program
4 is a useful clinical tool.
5 (t) Notwithstanding any other provision of this Act,
6 neither the Prescription Monitoring Program nor any other
7 person shall disclose any information in violation of the
8 restrictions and requirements of paragraph (3.5) of subsection
9 (a) of Section 316 as implemented under Public Act 102-527.
10 (Source: P.A. 102-751, eff. 1-1-23.)
11 (720 ILCS 570/320)
12 Sec. 320. Advisory committee.
13 (a) There is created a Prescription Monitoring Program
14 Advisory Committee to assist the Department of Human Services
15 and Department of Public Health in implementing the
16 Prescription Monitoring Program created by this Article and to
17 advise the Department on the professional performance of
18 prescribers and dispensers and other matters germane to the
19 advisory committee's field of competence.
20 (b) The Prescription Monitoring Program Advisory Committee
21 shall consist of 15 members appointed by the Clinical Director
22 of the Prescription Monitoring Program composed of prescribers
23 and dispensers licensed to practice medicine in his or her
24 respective profession as follows: one family or primary care
25 physician; one pain specialist physician; 4 other physicians,
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1 one of whom may be an ophthalmologist; 2 advanced practice
2 registered nurses; one physician assistant; one optometrist;
3 one dentist; one clinical representative from a statewide
4 organization representing hospitals; and 3 pharmacists. The
5 Advisory Committee members serving on August 26, 2018 (the
6 effective date of Public Act 100-1093) shall continue to serve
7 until January 1, 2019. Prescriber and dispenser nominations
8 for membership on the Committee shall be submitted by their
9 respective professional associations. If there are more
10 nominees than membership positions for a prescriber or
11 dispenser category, as provided in this subsection (b), the
12 Clinical Director of the Prescription Monitoring Program shall
13 appoint a member or members for each profession as provided in
14 this subsection (b), from the nominations to serve on the
15 advisory committee. At the first meeting of the Committee in
16 2019 members shall draw lots for initial terms and 6 members
17 shall serve 3 years, 5 members shall serve 2 years, and 5
18 members shall serve one year. Thereafter, members shall serve
19 3-year terms. Members may serve more than one term but no more
20 than 3 terms. The Clinical Director of the Prescription
21 Monitoring Program may appoint a representative of an
22 organization representing a profession required to be
23 appointed. The Clinical Director of the Prescription
24 Monitoring Program shall serve as the Secretary of the
25 committee.
26 (c) The advisory committee may appoint a chairperson and
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1 other officers as it deems appropriate.
2 (d) The members of the advisory committee shall receive no
3 compensation for their services as members of the advisory
4 committee, unless appropriated by the General Assembly, but
5 may be reimbursed for their actual expenses incurred in
6 serving on the advisory committee.
7 (e) The advisory committee shall:
8 (1) provide a uniform approach to reviewing this Act
9 in order to determine whether changes should be
10 recommended to the General Assembly;
11 (2) review current drug schedules in order to manage
12 changes to the administrative rules pertaining to the
13 utilization of this Act;
14 (3) review the following: current clinical guidelines
15 developed by health care professional organizations on the
16 prescribing of opioids or other controlled substances;
17 accredited continuing education programs related to
18 prescribing and dispensing; programs or information
19 developed by health care professional organizations that
20 may be used to assess patients or help ensure compliance
21 with prescriptions; updates from the Food and Drug
22 Administration, the Centers for Disease Control and
23 Prevention, and other public and private organizations
24 which are relevant to prescribing and dispensing; relevant
25 medical studies; and other publications which involve the
26 prescription of controlled substances;
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1 (4) make recommendations for inclusion of these
2 materials or other studies which may be effective
3 resources for prescribers and dispensers on the Internet
4 website of the inquiry system established under Section
5 318;
6 (5) semi-annually review the content of the Internet
7 website of the inquiry system established pursuant to
8 Section 318 to ensure this Internet website has the most
9 current available information;
10 (6) semi-annually review opportunities for federal
11 grants and other forms of funding to support projects
12 which will increase the number of pilot programs which
13 integrate the inquiry system with electronic health
14 records; and
15 (7) semi-annually review communication to be sent to
16 all registered users of the inquiry system established
17 pursuant to Section 318, including recommendations for
18 relevant accredited continuing education and information
19 regarding prescribing and dispensing.
20 (f) The Advisory Committee shall select from its members
21 10 members of the Peer Review Committee composed of:
22 (1) 3 physicians;
23 (2) 3 pharmacists;
24 (3) one dentist;
25 (4) one advanced practice registered nurse;
26 (4.5) (blank);
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1 (5) one physician assistant; and
2 (6) one optometrist.
3 The purpose of the Peer Review Committee is to establish a
4 formal peer review of professional performance of prescribers
5 and dispensers. The deliberations, information, and
6 communications of the Peer Review Committee are privileged and
7 confidential and shall not be disclosed in any manner except
8 in accordance with current law.
9 (1) The Peer Review Committee shall periodically
10 review the data contained within the prescription
11 monitoring program to identify those prescribers or
12 dispensers who may be prescribing or dispensing outside
13 the currently accepted standard and practice of their
14 profession. The Peer Review Committee member, whose
15 profession is the same as the prescriber or dispenser
16 being reviewed, shall prepare a preliminary report and
17 recommendation for any non-action or action. The
18 Prescription Monitoring Program Clinical Director and
19 staff shall provide the necessary assistance and data as
20 required.
21 (2) The Peer Review Committee may identify prescribers
22 or dispensers who may be prescribing outside the currently
23 accepted medical standards in the course of their
24 professional practice and send the identified prescriber
25 or dispenser a request for information regarding their
26 prescribing or dispensing practices. This request for
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1 information shall be sent via certified mail, return
2 receipt requested. A prescriber or dispenser shall have 30
3 days to respond to the request for information.
4 (3) The Peer Review Committee shall refer a prescriber
5 or a dispenser to the Department of Financial and
6 Professional Regulation in the following situations:
7 (i) if a prescriber or dispenser does not respond
8 to three successive requests for information;
9 (ii) in the opinion of a majority of members of the
10 Peer Review Committee, the prescriber or dispenser
11 does not have a satisfactory explanation for the
12 practices identified by the Peer Review Committee in
13 its request for information; or
14 (iii) following communications with the Peer
15 Review Committee, the prescriber or dispenser does not
16 sufficiently rectify the practices identified in the
17 request for information in the opinion of a majority
18 of the members of the Peer Review Committee.
19 (4) The Department of Financial and Professional
20 Regulation may initiate an investigation and discipline in
21 accordance with current laws and rules for any prescriber
22 or dispenser referred by the Peer Review Committee.
23 (5) The Peer Review Committee shall prepare an annual
24 report starting on July 1, 2017. This report shall contain
25 the following information: the number of times the Peer
26 Review Committee was convened; the number of prescribers
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1 or dispensers who were reviewed by the Peer Review
2 Committee; the number of requests for information sent out
3 by the Peer Review Committee; and the number of
4 prescribers or dispensers referred to the Department of
5 Financial and Professional Regulation. The annual report
6 shall be delivered electronically to the Department and to
7 the General Assembly. The report to the General Assembly
8 shall be filed with the Clerk of the House of
9 Representatives and the Secretary of the Senate in
10 electronic form only, in the manner that the Clerk and the
11 Secretary shall direct. The report prepared by the Peer
12 Review Committee shall not identify any prescriber,
13 dispenser, or patient.
14 (Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18;
15 100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff.
16 8-16-19.)
17 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
18 Sec. 410. (a) Whenever any person who has not previously
19 been convicted of any felony offense under this Act or any law
20 of the United States or of any State relating to cannabis or
21 controlled substances, pleads guilty to or is found guilty of
22 possession of a controlled or counterfeit substance under
23 subsection (c) of Section 402 or of unauthorized possession of
24 prescription form under Section 406.2, the court, without
25 entering a judgment and with the consent of such person, may
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1 sentence him or her to probation.
2 (b) When a person is placed on probation, the court shall
3 enter an order specifying a period of probation of 24 months
4 and shall defer further proceedings in the case until the
5 conclusion of the period or until the filing of a petition
6 alleging violation of a term or condition of probation.
7 (c) The conditions of probation shall be that the person:
8 (1) not violate any criminal statute of any jurisdiction; (2)
9 refrain from possessing a firearm or other dangerous weapon;
10 (3) submit to periodic drug testing at a time and in a manner
11 as ordered by the court, but no less than 3 times during the
12 period of the probation, with the cost of the testing to be
13 paid by the probationer; and (4) perform no less than 30 hours
14 of community service, provided community service is available
15 in the jurisdiction and is funded and approved by the county
16 board. The court may give credit toward the fulfillment of
17 community service hours for participation in activities and
18 treatment as determined by court services.
19 (d) The court may, in addition to other conditions,
20 require that the person:
21 (1) make a report to and appear in person before or
22 participate with the court or such courts, person, or
23 social service agency as directed by the court in the
24 order of probation;
25 (2) pay a fine and costs;
26 (3) work or pursue a course of study or vocational
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1 training;
2 (4) undergo medical or psychiatric treatment; or
3 treatment or rehabilitation approved by the Illinois
4 Department of Human Services;
5 (5) attend or reside in a facility established for the
6 instruction or residence of defendants on probation;
7 (6) support his or her dependents;
8 (6-5) refrain from having in his or her body the
9 presence of any illicit drug prohibited by the Cannabis
10 Control Act, the Illinois Controlled Substances Act, or
11 the Methamphetamine Control and Community Protection Act,
12 unless prescribed by a physician, and submit samples of
13 his or her blood or urine or both for tests to determine
14 the presence of any illicit drug;
15 (7) and in addition, if a minor:
16 (i) reside with his or her parents or in a foster
17 home;
18 (ii) attend school;
19 (iii) attend a non-residential program for youth;
20 (iv) contribute to his or her own support at home
21 or in a foster home.
22 (e) Upon violation of a term or condition of probation,
23 the court may enter a judgment on its original finding of guilt
24 and proceed as otherwise provided.
25 (f) Upon fulfillment of the terms and conditions of
26 probation, the court shall discharge the person and dismiss
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1 the proceedings against him or her.
2 (g) A disposition of probation is considered to be a
3 conviction for the purposes of imposing the conditions of
4 probation and for appeal, however, discharge and dismissal
5 under this Section is not a conviction for purposes of this Act
6 or for purposes of disqualifications or disabilities imposed
7 by law upon conviction of a crime.
8 (h) A person may not have more than one discharge and
9 dismissal under this Section within a 4-year period.
10 (i) If a person is convicted of an offense under this Act,
11 the Cannabis Control Act, or the Methamphetamine Control and
12 Community Protection Act within 5 years subsequent to a
13 discharge and dismissal under this Section, the discharge and
14 dismissal under this Section shall be admissible in the
15 sentencing proceeding for that conviction as evidence in
16 aggravation.
17 (j) Notwithstanding subsection (a), before a person is
18 sentenced to probation under this Section, the court may refer
19 the person to the drug court established in that judicial
20 circuit pursuant to Section 15 of the Drug Court Treatment
21 Act. The drug court team shall evaluate the person's
22 likelihood of successfully completing a sentence of probation
23 under this Section and shall report the results of its
24 evaluation to the court. If the drug court team finds that the
25 person suffers from a substance use disorder abuse problem
26 that makes him or her substantially unlikely to successfully
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1 complete a sentence of probation under this Section, then the
2 drug court shall set forth its findings in the form of a
3 written order, and the person shall not be sentenced to
4 probation under this Section, but shall be considered for the
5 drug court program.
6 (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
7 100-575, eff. 1-8-18.)
8 (720 ILCS 570/411.2)
9 Sec. 411.2. Drug Treatment Fund; drug treatment grants.
10 (a) (Blank).
11 (b) (Blank).
12 (c) (Blank).
13 (d) (Blank).
14 (e) (Blank).
15 (f) (Blank).
16 (g) (Blank).
17 (h) The Drug Treatment Fund is hereby established as a
18 special fund within the State Treasury. The Department of
19 Human Services may make grants to persons licensed under
20 Section 15-10 of the Substance Use Disorder Act or to
21 municipalities or counties from funds appropriated to the
22 Department from the Drug Treatment Fund for the treatment of
23 pregnant women who have a substance use disorder are addicted
24 to alcohol, cannabis, or controlled substances and for the
25 needed care of minor, unemancipated children of women
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1 undergoing residential drug treatment. If the Department of
2 Human Services grants funds to a municipality or a county that
3 the Department determines is not experiencing a healthcare
4 need of problem with pregnant women with a substance use
5 disorder addicted to alcohol, cannabis, or controlled
6 substances, or with care for minor, unemancipated children of
7 women undergoing residential drug treatment, or intervention,
8 the funds shall be used for the treatment of any person with a
9 substance use disorder addicted to alcohol, cannabis, or
10 controlled substances. The Department may adopt such rules as
11 it deems appropriate for the administration of such grants.
12 (i) (Blank).
13 (Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19;
14 101-81, eff. 7-12-19.)
15 (720 ILCS 570/413) (from Ch. 56 1/2, par. 1413)
16 Sec. 413. (a) Twelve and one-half percent of all amounts
17 collected as fines pursuant to the provisions of this Article
18 shall be paid into the Youth Drug Abuse Prevention Fund, which
19 is hereby created in the State treasury, to be used by the
20 Department for the funding of programs and services for
21 substance use disorder drug-abuse treatment, and prevention
22 and education services, for juveniles.
23 (b) Eighty-seven and one-half percent of the proceeds of
24 all fines received under the provisions of this Article shall
25 be transmitted to and deposited in the treasurer's office at
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1 the level of government as follows:
2 (1) If such seizure was made by a combination of law
3 enforcement personnel representing differing units of
4 local government, the court levying the fine shall
5 equitably allocate 50% of the fine among these units of
6 local government and shall allocate 37 1/2% to the county
7 general corporate fund. In the event that the seizure was
8 made by law enforcement personnel representing a unit of
9 local government from a municipality where the number of
10 inhabitants exceeds 2 million in population, the court
11 levying the fine shall allocate 87 1/2% of the fine to that
12 unit of local government. If the seizure was made by a
13 combination of law enforcement personnel representing
14 differing units of local government, and at least one of
15 those units represents a municipality where the number of
16 inhabitants exceeds 2 million in population, the court
17 shall equitably allocate 87 1/2% of the proceeds of the
18 fines received among the differing units of local
19 government.
20 (2) If such seizure was made by State law enforcement
21 personnel, then the court shall allocate 37 1/2% to the
22 State treasury and 50% to the county general corporate
23 fund.
24 (3) If a State law enforcement agency in combination
25 with a law enforcement agency or agencies of a unit or
26 units of local government conducted the seizure, the court
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1 shall equitably allocate 37 1/2% of the fines to or among
2 the law enforcement agency or agencies of the unit or
3 units of local government which conducted the seizure and
4 shall allocate 50% to the county general corporate fund.
5 (c) The proceeds of all fines allocated to the law
6 enforcement agency or agencies of the unit or units of local
7 government pursuant to subsection (b) shall be made available
8 to that law enforcement agency as expendable receipts for use
9 in the enforcement of laws regulating cannabis,
10 methamphetamine, and other controlled substances. The proceeds
11 of fines awarded to the State treasury shall be deposited in a
12 special fund known as the Drug Traffic Prevention Fund, except
13 that amounts distributed to the Secretary of State shall be
14 deposited into the Secretary of State Evidence Fund to be used
15 as provided in Section 2-115 of the Illinois Vehicle Code.
16 Monies from this fund may be used by the Illinois State Police
17 or use in the enforcement of laws regulating cannabis,
18 methamphetamine, and other controlled substances; to satisfy
19 funding provisions of the Intergovernmental Drug Laws
20 Enforcement Act; to defray costs and expenses associated with
21 returning violators of the Cannabis Control Act and this Act
22 only, as provided in those Acts, when punishment of the crime
23 shall be confinement of the criminal in the penitentiary; and
24 all other monies shall be paid into the general revenue fund in
25 the State treasury.
26 (Source: P.A. 97-334, eff. 1-1-12.)
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1 (720 ILCS 570/504) (from Ch. 56 1/2, par. 1504)
2 Sec. 504. (a) The Director and the Secretary of the
3 Department of Financial and Professional Regulation shall each
4 cooperate with Federal agencies and other State agencies in
5 discharging his or her responsibilities concerning traffic in
6 controlled substances and in suppressing the misuse and abuse
7 of controlled substances. To this end he or she may:
8 (1) arrange for the exchange of information among
9 governmental officials concerning the use and misuse ,
10 misuse and abuse of controlled substances;
11 (2) coordinate and cooperate in training programs
12 concerning controlled substance law enforcement at local
13 and State levels;
14 (3) cooperate with the federal Drug Enforcement
15 Administration or its successor agency; and
16 (4) conduct programs of eradication aimed at
17 destroying wild illicit growth of plant species from which
18 controlled substances may be extracted.
19 (b) Results, information, and evidence received from the
20 Drug Enforcement Administration relating to the regulatory
21 functions of this Act, including results of inspections
22 conducted by it may be relied and acted upon by the Director
23 and the Secretary of the Department of Financial and
24 Professional Regulation in the exercise of their regulatory
25 functions under this Act.
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1 (Source: P.A. 97-334, eff. 1-1-12.)
2 (720 ILCS 570/508) (from Ch. 56 1/2, par. 1508)
3 Sec. 508. (a) The Department shall encourage research on
4 controlled substances. In connection with the research, and in
5 furtherance of the purposes of this Act, the Department may:
6 (1) establish methods to assess accurately the effect
7 of controlled substances and identify and characterize
8 those with potential for misuse abuse;
9 (2) make studies and undertake programs of research
10 to:
11 (i) develop new or improved approaches,
12 techniques, systems, equipment and devices to
13 strengthen the enforcement of this Act;
14 (ii) determine patterns of use and misuse , misuse,
15 and abuse of controlled substances and their social
16 effects; and
17 (iii) improve methods for preventing, predicting,
18 understanding, and dealing with the use and misuse ,
19 misuse and abuse of controlled substances; and
20 (3) enter into contracts with public agencies,
21 educational institutions, and private organizations or
22 individuals for the purpose of conducting research,
23 demonstrations, or special projects which relate to the
24 use and misuse , misuse and abuse of controlled substances.
25 (b) Persons authorized to engage in research may be
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1 authorized by the Department to protect the privacy of
2 individuals who are the subjects of such research by
3 withholding from all persons not connected with the conduct of
4 the research the names and other identifying characteristics
5 of such individuals. Persons who are given this authorization
6 shall not be compelled in any civil, criminal, administrative,
7 legislative or other proceeding to identify the individuals
8 who are the subjects of research for which the authorization
9 was granted, except to the extent necessary to permit the
10 Department to determine whether the research is being
11 conducted in accordance with the authorization.
12 (c) The Department may authorize the possession and
13 dispensing of controlled substances by persons engaged in
14 research, upon such terms and conditions as may be consistent
15 with the public health and safety. The Department may also
16 approve research and treatment programs involving the
17 administration of Methadone. The use of Methadone, or any
18 similar controlled substance by any person is prohibited in
19 this State except as approved and authorized by the Department
20 in accordance with its rules and regulations. To the extent of
21 the applicable authorization, persons are exempt from
22 prosecution in this State for possession, manufacture or
23 delivery of controlled substances.
24 (d) Practitioners registered under Federal law to conduct
25 research with Schedule I substances may conduct research with
26 Schedule I substances within this State upon furnishing
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1 evidence of that Federal registration and notification of the
2 scope and purpose of such research to the Department.
3 (Source: P.A. 96-328, eff. 8-11-09.)
4 (720 ILCS 570/509) (from Ch. 56 1/2, par. 1509)
5 Sec. 509. Whenever any court in this State grants
6 probation to any person that the court has reason to believe is
7 or has a substance use disorder been an addict or unlawful
8 possessor of controlled substances, the court shall require,
9 as a condition of probation, that the probationer submit to
10 periodic tests by the Department of Corrections to determine
11 by means of appropriate chemical detection tests whether the
12 probationer is using controlled substances. The court may
13 require as a condition of probation that the probationer enter
14 an approved treatment program, if the court determines that
15 the probationer has a substance use disorder of is addicted to
16 a controlled substance. Whenever the Prisoner Review Board
17 grants parole or the Department of Juvenile Justice grants
18 aftercare release to a person believed to have been an
19 unlawful possessor or person with a substance use disorder
20 addict of controlled substances, the Board or Department shall
21 require as a condition of parole or aftercare release that the
22 parolee or aftercare releasee submit to appropriate periodic
23 chemical tests by the Department of Corrections or the
24 Department of Juvenile Justice to determine whether the
25 parolee or aftercare releasee is using controlled substances.
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1 (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
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