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Illinois Senate Bill SB0647

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0647 Compare Versions

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1-Public Act 103-0881
21 SB0647 EnrolledLRB103 03100 RJT 48106 b SB0647 Enrolled LRB103 03100 RJT 48106 b
32 SB0647 Enrolled LRB103 03100 RJT 48106 b
4-AN ACT concerning health.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Mental Health and Developmental
8-Disabilities Administrative Act is amended by changing Section
9-4 as follows:
10-(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
11-Sec. 4. Supervision of facilities and services; quarterly
12-reports.
13-(a) To exercise executive and administrative supervision
14-over all facilities, divisions, programs and services now
15-existing or hereafter acquired or created under the
16-jurisdiction of the Department, including, but not limited to,
17-the following:
18-The Alton Mental Health Center, at Alton
19-The Clyde L. Choate Mental Health and Developmental
20-Center, at Anna
21-The Chester Mental Health Center, at Chester
22-The Chicago-Read Mental Health Center, at Chicago
23-The Elgin Mental Health Center, at Elgin
24-The Metropolitan Children and Adolescents Center, at
25-Chicago
26-The Jacksonville Developmental Center, at Jacksonville
3+1 AN ACT concerning health.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Mental Health and Developmental
7+5 Disabilities Administrative Act is amended by changing Section
8+6 4 as follows:
9+7 (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
10+8 Sec. 4. Supervision of facilities and services; quarterly
11+9 reports.
12+10 (a) To exercise executive and administrative supervision
13+11 over all facilities, divisions, programs and services now
14+12 existing or hereafter acquired or created under the
15+13 jurisdiction of the Department, including, but not limited to,
16+14 the following:
17+15 The Alton Mental Health Center, at Alton
18+16 The Clyde L. Choate Mental Health and Developmental
19+17 Center, at Anna
20+18 The Chester Mental Health Center, at Chester
21+19 The Chicago-Read Mental Health Center, at Chicago
22+20 The Elgin Mental Health Center, at Elgin
23+21 The Metropolitan Children and Adolescents Center, at
24+22 Chicago
25+23 The Jacksonville Developmental Center, at Jacksonville
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2827
2928
3029 SB0647 Enrolled LRB103 03100 RJT 48106 b
3130
3231
33-The Governor Samuel H. Shapiro Developmental Center,
34-at Kankakee
35-The Tinley Park Mental Health Center, at Tinley Park
36-The Warren G. Murray Developmental Center, at
37-Centralia
38-The Jack Mabley Developmental Center, at Dixon
39-The Lincoln Developmental Center, at Lincoln
40-The H. Douglas Singer Mental Health and Developmental
41-Center, at Rockford
42-The John J. Madden Mental Health Center, at Chicago
43-The George A. Zeller Mental Health Center, at Peoria
44-The Elizabeth Parsons Ware Packard Andrew McFarland
45-Mental Health Center, at Springfield
46-The Adolf Meyer Mental Health Center, at Decatur
47-The William W. Fox Developmental Center, at Dwight
48-The Elisabeth Ludeman Developmental Center, at Park
49-Forest
50-The William A. Howe Developmental Center, at Tinley
51-Park
52-The Ann M. Kiley Developmental Center, at Waukegan.
53-(b) Beginning not later than July 1, 1977, the Department
54-shall cause each of the facilities under its jurisdiction
55-which provide in-patient care to comply with standards, rules
56-and regulations of the Department of Public Health prescribed
57-under Section 6.05 of the Hospital Licensing Act.
58-(b-5) The Department shall cause each of the facilities
59-
60-
61-under its jurisdiction that provide in-patient care to comply
62-with Section 6.25 of the Hospital Licensing Act.
63-(c) The Department shall issue quarterly electronic
64-reports to the General Assembly on admissions, deflections,
65-discharges, bed closures, staff-resident ratios, census,
66-average length of stay, and any adverse federal certification
67-or accreditation findings, if any, for each State-operated
68-facility for the mentally ill and for persons with
69-developmental disabilities. The quarterly reports shall be
70-issued by January 1, April 1, July 1, and October 1 of each
71-year. The quarterly reports shall include the following
72-information for each facility reflecting the period ending 15
73-days prior to the submission of the report:
74-(1) the number of employees;
75-(2) the number of workplace violence incidents that
76-occurred, including the number that were a direct assault
77-on employees by residents and the number that resulted
78-from staff intervention in a resident altercation or other
79-form of injurious behavior;
80-(3) the number of employees impacted in each incident;
81-and
82-(4) the number of employee injuries resulting,
83-descriptions of the nature of the injuries, the number of
84-employee injuries requiring medical treatment at the
85-facility, the number of employee injuries requiring
86-outside medical treatment, and the number of days off work
87-
88-
89-per injury.
90-(d) The requirements in subsection (c) do not relieve the
91-Department from the recordkeeping requirements of the
92-Occupational Safety and Health Act.
93-(e) The Department shall:
94-(1) establish a reasonable procedure for employees to
95-report work-related assaults and injuries. A procedure is
96-not reasonable if it would deter or discourage a
97-reasonable employee from accurately reporting a workplace
98-assault or injury;
99-(2) inform each employee:
100-(A) of the procedure for reporting work-related
101-assaults and injuries;
102-(B) of the right to report work-related assaults
103-and injuries; and
104-(C) that the Department is prohibited from
105-discharging or in any manner discriminating against
106-employees for reporting work-related assaults and
107-injuries; and
108-(3) not discharge, discipline, or in any manner
109-discriminate against any employee for reporting a
110-work-related assault or injury.
111-(Source: P.A. 99-143, eff. 7-27-15; 100-1075, eff. 1-1-19.)
112-(405 ILCS 95/Act rep.)
113-Section 10. The Perinatal Mental Health Disorders
114-
115-
116-Prevention and Treatment Act is repealed.
117-Section 15. The Maternal Mental Health Conditions
118-Education, Early Diagnosis, and Treatment Act is amended by
119-changing Sections 5, 10, and 15 and by adding Sections 9 and 14
120-as follows:
121-(405 ILCS 120/5)
122-Sec. 5. Findings. The General Assembly finds the
123-following:
124-(1) Maternal depression is a common complication of
125-pregnancy. Maternal mental health disorders encompass a
126-range of mental health conditions, such as depression,
127-anxiety, and postpartum psychosis.
128-(2) Maternal mental health conditions affect one in 5
129-women during or after pregnancy, but all women are at risk
130-of suffering from maternal mental health conditions.
131-(3) Untreated maternal mental health conditions
132-significantly and negatively impact the short-term and
133-long-term health and well-being of affected women and
134-their children.
135-(4) Untreated maternal mental health conditions cause
136-adverse birth outcomes, impaired maternal-infant bonding,
137-poor infant growth, childhood emotional and behavioral
138-problems, and significant medical and economic costs,
139-estimated to be $22,500 per mother.
140-
141-
142-(5) Lack of understanding and social stigma of mental
143-health conditions prevent women and families from
144-understanding the signs, symptoms, and risks involved with
145-maternal mental health conditions and disproportionately
146-affect women who lack access to social support networks.
147-(6) It is the intent of the General Assembly to raise
148-awareness of the risk factors, signs, symptoms, and
149-treatment options for maternal mental health conditions
150-among pregnant women and their families, the general
151-public, primary health care providers, and health care
152-providers who care for pregnant women, postpartum women,
153-and newborn infants.
154-(Source: P.A. 101-512, eff. 1-1-20.)
155-(405 ILCS 120/9 new)
156-Sec. 9. Intent. It is the intent of the General Assembly:
157-(1) to raise awareness of the risk factors, signs,
158-symptoms, and treatment options for maternal mental health
159-conditions among pregnant women and their families, the
160-general public, primary care providers, and health care
161-providers who care for pregnant women, postpartum women,
162-and newborn infants;
163-(2) to provide information to women and their families
164-about maternal mental health conditions in order to lower
165-the likelihood that new mothers will continue to suffer
166-from this illness in silence;
167-
168-
169-(3) to develop procedures for assessing women for
170-maternal mental health conditions during prenatal and
171-postnatal visits to licensed health care professionals;
172-and
173-(4) to promote early detection of maternal mental
174-health conditions to promote early care and treatment and,
175-when medically appropriate, to avoid medication.
176-(405 ILCS 120/10)
177-Sec. 10. Definitions. In this Act:
178-"Birthing hospital" means a hospital that has an approved
179-obstetric category of service and licensed beds by the Health
180-Facilities and Services Review Board.
181-"Department" means the Department of Human Services.
182-"Licensed health care professional" means a physician
183-licensed to practice medicine in all its branches, a licensed
184-advanced practice registered nurse, or a licensed physician
185-assistant.
186-"Maternal mental health condition" means a mental health
187-condition that occurs during pregnancy or during the
188-postpartum period and includes, but is not limited to,
189-postpartum depression.
190-"Postnatal care" means an office visit to a licensed
191-health care professional occurring within 12 months after
192-birth, with reference to the infant or mother.
193-"Prenatal care" means an office visit to a licensed health
194-
195-
196-care professional for pregnancy-related care occurring before
197-the birth.
198-"Questionnaire" means an assessment tool administered by a
199-licensed health care professional to detect maternal mental
200-health conditions, such as the Edinburgh Postnatal Depression
201-Scale, the Postpartum Depression Screening Scale, the Beck
202-Depression Inventory, the Patient Health Questionnaire, or
203-other validated assessment methods.
204-(Source: P.A. 101-512, eff. 1-1-20.)
205-(405 ILCS 120/14 new)
206-Sec. 14. Maternal mental health conditions prevention and
207-treatment. The Department of Human Services, in conjunction
208-with the Department of Healthcare and Family Services, the
209-Department of Public Health, and the Department of Financial
210-and Professional Regulation, shall work with birthing
211-hospitals and licensed health care professionals in this State
212-to develop policies, procedures, information, and educational
213-materials to meet each of the following requirements
214-concerning maternal mental health conditions:
215-(1) Licensed health care professionals providing
216-prenatal care to women shall provide education to women
217-and, if possible and with permission, to their families
218-about maternal mental health conditions in accordance with
219-the formal opinions and recommendations of the American
220-College of Obstetricians and Gynecologists.
221-
222-
223-(2) Upon the Department of Human Services providing
224-written information to birthing hospitals, all birthing
225-hospitals shall provide new mothers, prior to discharge
226-following childbirth, and, if possible, shall provide
227-fathers and other family members with complete information
228-about maternal mental health conditions, including their
229-symptoms, methods of coping with the illness, treatment
230-resources, post-hospital treatment options, and community
231-resources. Hospitals shall supplement the resources
232-provided by the Department to include relevant resources
233-offered by the hospital, in the region, or community in
234-which the birthing hospital is located, if available.
235-Resources may be provided in an electronic format such as
236-website links or QR Codes.
237-(3) Licensed health care professionals providing
238-prenatal care at a prenatal visit shall invite each
239-pregnant patient to complete a questionnaire and shall
240-review the completed questionnaire in accordance with the
241-formal opinions and recommendations of the American
242-College of Obstetricians and Gynecologists. Assessment for
243-maternal mental health conditions must be repeated when,
244-in the professional judgment of the licensed health care
245-professional, a reasonable possibility exists that the
246-woman suffers from a maternal mental health condition.
247-(4) Licensed health care professionals providing
248-postnatal care to women shall invite each patient to
249-
250-
251-complete a questionnaire and shall review the completed
252-questionnaire in accordance with the formal opinions and
253-recommendations of the American College of Obstetricians
254-and Gynecologists.
255-(5) Licensed health care professionals providing
256-pediatric care to an infant shall invite the infant's
257-mother to complete a questionnaire at any well-baby
258-check-up at which the mother is present prior to the
259-infant's first birthday, and shall review the completed
260-questionnaire in accordance with the formal opinions and
261-recommendations of the American College of Obstetricians
262-and Gynecologists, in order to ensure that the health and
263-well-being of the infant are not compromised by an
264-undiagnosed maternal mental health condition in the
265-mother. In order to share results from an assessment with
266-the mother's primary licensed health care professional,
267-consent should be obtained from the mother in accordance
268-with the Illinois Health Insurance Portability and
269-Accountability Act. If the mother is determined to present
270-an acute danger to herself or someone else, consent is not
271-required.
272-(405 ILCS 120/15)
273-Sec. 15. Educational materials about maternal mental
274-health conditions. The Department, in conjunction with the
275-Department of Healthcare and Family Services, the Department
276-
277-
278-of Public Health, and the Department of Financial and
279-Professional Regulation, shall develop educational materials
280-for health care professionals and patients about maternal
281-mental health conditions. Health care professionals or
282-organizations representing health care professionals with
283-expertise in the treatment of maternal mental health
284-conditions shall be consulted in the development of the
285-educational materials. A birthing hospital shall, on or before
286-January 1, 2026 2021, distribute these materials to employees
287-regularly assigned to work with pregnant or postpartum women
288-and incorporate these materials in any employee training that
289-is related to patient care of pregnant or postpartum women. A
290-birthing hospital shall supplement the materials provided by
291-the Department to include relevant resources to the region or
292-community in which the birthing hospital is located. The
293-educational materials developed under this Section shall
294-include all of the following:
295-(1) Information for postpartum women and families
296-about maternal mental health conditions, post-hospital
297-treatment options, and community resources.
298-(1) (2) Information for hospital employees regularly
299-assigned to work in the perinatal unit, including, as
300-appropriate, registered nurses and social workers, about
301-maternal mental health conditions.
302-(2) (3) Any other service the birthing hospital
303-determines should be included in the program to provide
304-
305-
306-optimal patient care.
307-(Source: P.A. 101-512, eff. 1-1-20.)
308-Section 20. The Illinois Controlled Substances Act is
309-amended by changing Sections 100, 102, 201, 203, 205, 207,
310-208, 209, 210, 211, 216, 312, 313, 318, 320, 410, 411.2, 413,
311-504, 508, and 509 as follows:
312-(720 ILCS 570/100) (from Ch. 56 1/2, par. 1100)
313-Sec. 100. Legislative intent. It is the intent of the
314-General Assembly, recognizing the rising incidence in the
315-misuse abuse of drugs and other dangerous substances and its
316-resultant damage to the peace, health, and welfare of the
317-citizens of Illinois, to provide a system of control over the
318-distribution and use of controlled substances which will more
319-effectively: (1) limit access of such substances only to those
320-persons who have demonstrated an appropriate sense of
321-responsibility and have a lawful and legitimate reason to
322-possess them; (2) deter the unlawful and destructive misuse
323-abuse of controlled substances; (3) penalize most heavily the
324-illicit traffickers or profiteers of controlled substances,
325-who propagate and perpetuate the misuse abuse of such
326-substances with reckless disregard for its consumptive
327-consequences upon every element of society; (4) acknowledge
328-the functional and consequential differences between the
329-various types of controlled substances and provide for
330-
331-
332-correspondingly different degrees of control over each of the
333-various types; (5) unify where feasible and codify the efforts
334-of this State to conform with the regulatory systems of the
335-Federal government; and (6) provide law enforcement
336-authorities with the necessary resources to make this system
337-efficacious.
338-It is not the intent of the General Assembly to treat the
339-unlawful user or occasional petty distributor of controlled
340-substances with the same severity as the large-scale, unlawful
341-purveyors and traffickers of controlled substances. However,
342-it is recognized that persons who violate this Act with
343-respect to the manufacture, delivery, possession with intent
344-to deliver, or possession of more than one type of controlled
345-substance listed herein may accordingly receive multiple
346-convictions and sentences under each Section of this Act. To
347-this end, guidelines have been provided, along with a wide
348-latitude in sentencing discretion, to enable the sentencing
349-court to order penalties in each case which are appropriate
350-for the purposes of this Act.
351-(Source: P.A. 97-334, eff. 1-1-12.)
352-(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
353-Sec. 102. Definitions. As used in this Act, unless the
354-context otherwise requires:
355-(a) "Person with a substance use disorder Addict" means
356-any person who has a substance use disorder diagnosis defined
357-
358-
359-as a spectrum of persistent and recurring problematic behavior
360-that encompasses 10 separate classes of drugs: alcohol;
361-caffeine; cannabis; hallucinogens; inhalants; opioids;
362-sedatives, hypnotics and anxiolytics; stimulants; and tobacco;
363-and other unknown substances leading to clinically significant
364-impairment or distress habitually uses any drug, chemical,
365-substance or dangerous drug other than alcohol so as to
366-endanger the public morals, health, safety or welfare or who
367-is so far addicted to the use of a dangerous drug or controlled
368-substance other than alcohol as to have lost the power of self
369-control with reference to his or her addiction.
370-(b) "Administer" means the direct application of a
371-controlled substance, whether by injection, inhalation,
372-ingestion, or any other means, to the body of a patient,
373-research subject, or animal (as defined by the Humane
374-Euthanasia in Animal Shelters Act) by:
375-(1) a practitioner (or, in his or her presence, by his
376-or her authorized agent),
377-(2) the patient or research subject pursuant to an
378-order, or
379-(3) a euthanasia technician as defined by the Humane
380-Euthanasia in Animal Shelters Act.
381-(c) "Agent" means an authorized person who acts on behalf
382-of or at the direction of a manufacturer, distributor,
383-dispenser, prescriber, or practitioner. It does not include a
384-common or contract carrier, public warehouseman or employee of
385-
386-
387-the carrier or warehouseman.
388-(c-1) "Anabolic Steroids" means any drug or hormonal
389-substance, chemically and pharmacologically related to
390-testosterone (other than estrogens, progestins,
391-corticosteroids, and dehydroepiandrosterone), and includes:
392-(i) 3[beta],17-dihydroxy-5a-androstane,
393-(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
394-(iii) 5[alpha]-androstan-3,17-dione,
395-(iv) 1-androstenediol (3[beta],
396-17[beta]-dihydroxy-5[alpha]-androst-1-ene),
397-(v) 1-androstenediol (3[alpha],
398-17[beta]-dihydroxy-5[alpha]-androst-1-ene),
399-(vi) 4-androstenediol
400-(3[beta],17[beta]-dihydroxy-androst-4-ene),
401-(vii) 5-androstenediol
402-(3[beta],17[beta]-dihydroxy-androst-5-ene),
403-(viii) 1-androstenedione
404-([5alpha]-androst-1-en-3,17-dione),
405-(ix) 4-androstenedione
406-(androst-4-en-3,17-dione),
407-(x) 5-androstenedione
408-(androst-5-en-3,17-dione),
409-(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
410-hydroxyandrost-4-en-3-one),
411-(xii) boldenone (17[beta]-hydroxyandrost-
412-1,4,-diene-3-one),
413-
414-
415-(xiii) boldione (androsta-1,4-
416-diene-3,17-dione),
417-(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
418-[beta]-hydroxyandrost-4-en-3-one),
419-(xv) clostebol (4-chloro-17[beta]-
420-hydroxyandrost-4-en-3-one),
421-(xvi) dehydrochloromethyltestosterone (4-chloro-
422-17[beta]-hydroxy-17[alpha]-methyl-
423-androst-1,4-dien-3-one),
424-(xvii) desoxymethyltestosterone
425-(17[alpha]-methyl-5[alpha]
426--androst-2-en-17[beta]-ol)(a.k.a., madol),
427-(xviii) [delta]1-dihydrotestosterone (a.k.a.
428-'1-testosterone') (17[beta]-hydroxy-
429-5[alpha]-androst-1-en-3-one),
430-(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
431-androstan-3-one),
432-(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
433-5[alpha]-androstan-3-one),
434-(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
435-hydroxyestr-4-ene),
436-(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
437-1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
438-(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
439-17[beta]-dihydroxyandrost-1,4-dien-3-one),
440-(xxiv) furazabol (17[alpha]-methyl-17[beta]-
441-
442-
443-hydroxyandrostano[2,3-c]-furazan),
444-(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
445-(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
446-androst-4-en-3-one),
447-(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
448-dihydroxy-estr-4-en-3-one),
449-(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
450-hydroxy-5-androstan-3-one),
451-(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
452-[5a]-androstan-3-one),
453-(xxx) methandienone (17[alpha]-methyl-17[beta]-
454-hydroxyandrost-1,4-dien-3-one),
455-(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
456-dihydroxyandrost-5-ene),
457-(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
458-5[alpha]-androst-1-en-3-one),
459-(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
460-dihydroxy-5a-androstane,
461-(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
462--5a-androstane,
463-(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
464-dihydroxyandrost-4-ene),
465-(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
466-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
467-(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
468-hydroxyestra-4,9(10)-dien-3-one),
469-
470-
471-(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
472-hydroxyestra-4,9-11-trien-3-one),
473-(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
474-hydroxyandrost-4-en-3-one),
475-(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
476-hydroxyestr-4-en-3-one),
477-(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
478-(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
479-androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
480-1-testosterone'),
481-(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
482-(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
483-dihydroxyestr-4-ene),
484-(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
485-dihydroxyestr-4-ene),
486-(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
487-dihydroxyestr-5-ene),
488-(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
489-dihydroxyestr-5-ene),
490-(xlvii) 19-nor-4,9(10)-androstadienedione
491-(estra-4,9(10)-diene-3,17-dione),
492-(xlviii) 19-nor-4-androstenedione (estr-4-
493-en-3,17-dione),
494-(xlix) 19-nor-5-androstenedione (estr-5-
495-en-3,17-dione),
496-(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
497-
498-
499-hydroxygon-4-en-3-one),
500-(li) norclostebol (4-chloro-17[beta]-
501-hydroxyestr-4-en-3-one),
502-(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
503-hydroxyestr-4-en-3-one),
504-(liii) normethandrolone (17[alpha]-methyl-17[beta]-
505-hydroxyestr-4-en-3-one),
506-(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
507-2-oxa-5[alpha]-androstan-3-one),
508-(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
509-dihydroxyandrost-4-en-3-one),
510-(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
511-17[beta]-hydroxy-(5[alpha]-androstan-3-one),
512-(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
513-(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
514-(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
515-(5[alpha]-androst-1-en-3-one),
516-(lix) testolactone (13-hydroxy-3-oxo-13,17-
517-secoandrosta-1,4-dien-17-oic
518-acid lactone),
519-(lx) testosterone (17[beta]-hydroxyandrost-
520-4-en-3-one),
521-(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
522-diethyl-17[beta]-hydroxygon-
523-4,9,11-trien-3-one),
524-(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
525-
526-
527-11-trien-3-one).
528-Any person who is otherwise lawfully in possession of an
529-anabolic steroid, or who otherwise lawfully manufactures,
530-distributes, dispenses, delivers, or possesses with intent to
531-deliver an anabolic steroid, which anabolic steroid is
532-expressly intended for and lawfully allowed to be administered
533-through implants to livestock or other nonhuman species, and
534-which is approved by the Secretary of Health and Human
535-Services for such administration, and which the person intends
536-to administer or have administered through such implants,
537-shall not be considered to be in unauthorized possession or to
538-unlawfully manufacture, distribute, dispense, deliver, or
539-possess with intent to deliver such anabolic steroid for
540-purposes of this Act.
541-(d) "Administration" means the Drug Enforcement
542-Administration, United States Department of Justice, or its
543-successor agency.
544-(d-5) "Clinical Director, Prescription Monitoring Program"
545-means a Department of Human Services administrative employee
546-licensed to either prescribe or dispense controlled substances
547-who shall run the clinical aspects of the Department of Human
548-Services Prescription Monitoring Program and its Prescription
549-Information Library.
550-(d-10) "Compounding" means the preparation and mixing of
551-components, excluding flavorings, (1) as the result of a
552-prescriber's prescription drug order or initiative based on
553-
554-
555-the prescriber-patient-pharmacist relationship in the course
556-of professional practice or (2) for the purpose of, or
557-incident to, research, teaching, or chemical analysis and not
558-for sale or dispensing. "Compounding" includes the preparation
559-of drugs or devices in anticipation of receiving prescription
560-drug orders based on routine, regularly observed dispensing
561-patterns. Commercially available products may be compounded
562-for dispensing to individual patients only if both of the
563-following conditions are met: (i) the commercial product is
564-not reasonably available from normal distribution channels in
565-a timely manner to meet the patient's needs and (ii) the
566-prescribing practitioner has requested that the drug be
567-compounded.
568-(e) "Control" means to add a drug or other substance, or
569-immediate precursor, to a Schedule whether by transfer from
570-another Schedule or otherwise.
571-(f) "Controlled Substance" means (i) a drug, substance,
572-immediate precursor, or synthetic drug in the Schedules of
573-Article II of this Act or (ii) a drug or other substance, or
574-immediate precursor, designated as a controlled substance by
575-the Department through administrative rule. The term does not
576-include distilled spirits, wine, malt beverages, or tobacco,
577-as those terms are defined or used in the Liquor Control Act of
578-1934 and the Tobacco Products Tax Act of 1995.
579-(f-5) "Controlled substance analog" means a substance:
580-(1) the chemical structure of which is substantially
581-
582-
583-similar to the chemical structure of a controlled
584-substance in Schedule I or II;
585-(2) which has a stimulant, depressant, or
586-hallucinogenic effect on the central nervous system that
587-is substantially similar to or greater than the stimulant,
588-depressant, or hallucinogenic effect on the central
589-nervous system of a controlled substance in Schedule I or
590-II; or
591-(3) with respect to a particular person, which such
592-person represents or intends to have a stimulant,
593-depressant, or hallucinogenic effect on the central
594-nervous system that is substantially similar to or greater
595-than the stimulant, depressant, or hallucinogenic effect
596-on the central nervous system of a controlled substance in
597-Schedule I or II.
598-(g) "Counterfeit substance" means a controlled substance,
599-which, or the container or labeling of which, without
600-authorization bears the trademark, trade name, or other
601-identifying mark, imprint, number or device, or any likeness
602-thereof, of a manufacturer, distributor, or dispenser other
603-than the person who in fact manufactured, distributed, or
604-dispensed the substance.
605-(h) "Deliver" or "delivery" means the actual, constructive
606-or attempted transfer of possession of a controlled substance,
607-with or without consideration, whether or not there is an
608-agency relationship. "Deliver" or "delivery" does not include
609-
610-
611-the donation of drugs to the extent permitted under the
612-Illinois Drug Reuse Opportunity Program Act.
613-(i) "Department" means the Illinois Department of Human
614-Services (as successor to the Department of Alcoholism and
615-Substance Abuse) or its successor agency.
616-(j) (Blank).
617-(k) "Department of Corrections" means the Department of
618-Corrections of the State of Illinois or its successor agency.
619-(l) "Department of Financial and Professional Regulation"
620-means the Department of Financial and Professional Regulation
621-of the State of Illinois or its successor agency.
622-(m) "Depressant" means any drug that (i) causes an overall
623-depression of central nervous system functions, (ii) causes
624-impaired consciousness and awareness, and (iii) can be
625-habit-forming or lead to a substance misuse or substance use
626-disorder abuse problem, including, but not limited to,
627-alcohol, cannabis and its active principles and their analogs,
628-benzodiazepines and their analogs, barbiturates and their
629-analogs, opioids (natural and synthetic) and their analogs,
630-and chloral hydrate and similar sedative hypnotics.
631-(n) (Blank).
632-(o) "Director" means the Director of the Illinois State
633-Police or his or her designated agents.
634-(p) "Dispense" means to deliver a controlled substance to
635-an ultimate user or research subject by or pursuant to the
636-lawful order of a prescriber, including the prescribing,
637-
638-
639-administering, packaging, labeling, or compounding necessary
640-to prepare the substance for that delivery.
641-(q) "Dispenser" means a practitioner who dispenses.
642-(r) "Distribute" means to deliver, other than by
643-administering or dispensing, a controlled substance.
644-(s) "Distributor" means a person who distributes.
645-(t) "Drug" means (1) substances recognized as drugs in the
646-official United States Pharmacopoeia, Official Homeopathic
647-Pharmacopoeia of the United States, or official National
648-Formulary, or any supplement to any of them; (2) substances
649-intended for use in diagnosis, cure, mitigation, treatment, or
650-prevention of disease in man or animals; (3) substances (other
651-than food) intended to affect the structure of any function of
652-the body of man or animals and (4) substances intended for use
653-as a component of any article specified in clause (1), (2), or
654-(3) of this subsection. It does not include devices or their
655-components, parts, or accessories.
656-(t-3) "Electronic health record" or "EHR" means an
657-electronic record of health-related information on an
658-individual that is created, gathered, managed, and consulted
659-by authorized health care clinicians and staff.
660-(t-3.5) "Electronic health record system" or "EHR system"
661-means any computer-based system or combination of federally
662-certified Health IT Modules (defined at 42 CFR 170.102 or its
663-successor) used as a repository for electronic health records
664-and accessed or updated by a prescriber or authorized
665-
666-
667-surrogate in the ordinary course of his or her medical
668-practice. For purposes of connecting to the Prescription
669-Information Library maintained by the Bureau of Pharmacy and
670-Clinical Support Systems or its successor, an EHR system may
671-connect to the Prescription Information Library directly or
672-through all or part of a computer program or system that is a
673-federally certified Health IT Module maintained by a third
674-party and used by the EHR system to secure access to the
675-database.
676-(t-4) "Emergency medical services personnel" has the
677-meaning ascribed to it in the Emergency Medical Services (EMS)
678-Systems Act.
679-(t-5) "Euthanasia agency" means an entity certified by the
680-Department of Financial and Professional Regulation for the
681-purpose of animal euthanasia that holds an animal control
682-facility license or animal shelter license under the Animal
683-Welfare Act. A euthanasia agency is authorized to purchase,
684-store, possess, and utilize Schedule II nonnarcotic and
685-Schedule III nonnarcotic drugs for the sole purpose of animal
686-euthanasia.
687-(t-10) "Euthanasia drugs" means Schedule II or Schedule
688-III substances (nonnarcotic controlled substances) that are
689-used by a euthanasia agency for the purpose of animal
690-euthanasia.
691-(u) "Good faith" means the prescribing or dispensing of a
692-controlled substance by a practitioner in the regular course
693-
694-
695-of professional treatment to or for any person who is under his
696-or her treatment for a pathology or condition other than that
697-individual's physical or psychological dependence upon or
698-addiction to a controlled substance, except as provided
699-herein: and application of the term to a pharmacist shall mean
700-the dispensing of a controlled substance pursuant to the
701-prescriber's order which in the professional judgment of the
702-pharmacist is lawful. The pharmacist shall be guided by
703-accepted professional standards, including, but not limited
704-to, the following, in making the judgment:
705-(1) lack of consistency of prescriber-patient
706-relationship,
707-(2) frequency of prescriptions for same drug by one
708-prescriber for large numbers of patients,
709-(3) quantities beyond those normally prescribed,
710-(4) unusual dosages (recognizing that there may be
711-clinical circumstances where more or less than the usual
712-dose may be used legitimately),
713-(5) unusual geographic distances between patient,
714-pharmacist and prescriber,
715-(6) consistent prescribing of habit-forming drugs.
716-(u-0.5) "Hallucinogen" means a drug that causes markedly
717-altered sensory perception leading to hallucinations of any
718-type.
719-(u-1) "Home infusion services" means services provided by
720-a pharmacy in compounding solutions for direct administration
721-
722-
723-to a patient in a private residence, long-term care facility,
724-or hospice setting by means of parenteral, intravenous,
725-intramuscular, subcutaneous, or intraspinal infusion.
726-(u-5) "Illinois State Police" means the Illinois State
727-Police or its successor agency.
728-(v) "Immediate precursor" means a substance:
729-(1) which the Department has found to be and by rule
730-designated as being a principal compound used, or produced
731-primarily for use, in the manufacture of a controlled
732-substance;
733-(2) which is an immediate chemical intermediary used
734-or likely to be used in the manufacture of such controlled
735-substance; and
736-(3) the control of which is necessary to prevent,
737-curtail or limit the manufacture of such controlled
738-substance.
739-(w) "Instructional activities" means the acts of teaching,
740-educating or instructing by practitioners using controlled
741-substances within educational facilities approved by the State
742-Board of Education or its successor agency.
743-(x) "Local authorities" means a duly organized State,
744-County or Municipal peace unit or police force.
745-(y) "Look-alike substance" means a substance, other than a
746-controlled substance which (1) by overall dosage unit
747-appearance, including shape, color, size, markings or lack
748-thereof, taste, consistency, or any other identifying physical
749-
750-
751-characteristic of the substance, would lead a reasonable
752-person to believe that the substance is a controlled
753-substance, or (2) is expressly or impliedly represented to be
754-a controlled substance or is distributed under circumstances
755-which would lead a reasonable person to believe that the
756-substance is a controlled substance. For the purpose of
757-determining whether the representations made or the
758-circumstances of the distribution would lead a reasonable
759-person to believe the substance to be a controlled substance
760-under this clause (2) of subsection (y), the court or other
761-authority may consider the following factors in addition to
762-any other factor that may be relevant:
763-(a) statements made by the owner or person in control
764-of the substance concerning its nature, use or effect;
765-(b) statements made to the buyer or recipient that the
766-substance may be resold for profit;
767-(c) whether the substance is packaged in a manner
768-normally used for the illegal distribution of controlled
769-substances;
770-(d) whether the distribution or attempted distribution
771-included an exchange of or demand for money or other
772-property as consideration, and whether the amount of the
773-consideration was substantially greater than the
774-reasonable retail market value of the substance.
775-Clause (1) of this subsection (y) shall not apply to a
776-noncontrolled substance in its finished dosage form that was
777-
778-
779-initially introduced into commerce prior to the initial
780-introduction into commerce of a controlled substance in its
781-finished dosage form which it may substantially resemble.
782-Nothing in this subsection (y) prohibits the dispensing or
783-distributing of noncontrolled substances by persons authorized
784-to dispense and distribute controlled substances under this
785-Act, provided that such action would be deemed to be carried
786-out in good faith under subsection (u) if the substances
787-involved were controlled substances.
788-Nothing in this subsection (y) or in this Act prohibits
789-the manufacture, preparation, propagation, compounding,
790-processing, packaging, advertising or distribution of a drug
791-or drugs by any person registered pursuant to Section 510 of
792-the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
793-(y-1) "Mail-order pharmacy" means a pharmacy that is
794-located in a state of the United States that delivers,
795-dispenses or distributes, through the United States Postal
796-Service or other common carrier, to Illinois residents, any
797-substance which requires a prescription.
798-(z) "Manufacture" means the production, preparation,
799-propagation, compounding, conversion or processing of a
800-controlled substance other than methamphetamine, either
801-directly or indirectly, by extraction from substances of
802-natural origin, or independently by means of chemical
803-synthesis, or by a combination of extraction and chemical
804-synthesis, and includes any packaging or repackaging of the
805-
806-
807-substance or labeling of its container, except that this term
808-does not include:
809-(1) by an ultimate user, the preparation or
810-compounding of a controlled substance for his or her own
811-use;
812-(2) by a practitioner, or his or her authorized agent
813-under his or her supervision, the preparation,
814-compounding, packaging, or labeling of a controlled
815-substance:
816-(a) as an incident to his or her administering or
817-dispensing of a controlled substance in the course of
818-his or her professional practice; or
819-(b) as an incident to lawful research, teaching or
820-chemical analysis and not for sale; or
821-(3) the packaging, repackaging, or labeling of drugs
822-only to the extent permitted under the Illinois Drug Reuse
823-Opportunity Program Act.
824-(z-1) (Blank).
825-(z-5) "Medication shopping" means the conduct prohibited
826-under subsection (a) of Section 314.5 of this Act.
827-(z-10) "Mid-level practitioner" means (i) a physician
828-assistant who has been delegated authority to prescribe
829-through a written delegation of authority by a physician
830-licensed to practice medicine in all of its branches, in
831-accordance with Section 7.5 of the Physician Assistant
832-Practice Act of 1987, (ii) an advanced practice registered
833-
834-
835-nurse who has been delegated authority to prescribe through a
836-written delegation of authority by a physician licensed to
837-practice medicine in all of its branches or by a podiatric
838-physician, in accordance with Section 65-40 of the Nurse
839-Practice Act, (iii) an advanced practice registered nurse
840-certified as a nurse practitioner, nurse midwife, or clinical
841-nurse specialist who has been granted authority to prescribe
842-by a hospital affiliate in accordance with Section 65-45 of
843-the Nurse Practice Act, (iv) an animal euthanasia agency, or
844-(v) a prescribing psychologist.
845-(aa) "Narcotic drug" means any of the following, whether
846-produced directly or indirectly by extraction from substances
847-of vegetable origin, or independently by means of chemical
848-synthesis, or by a combination of extraction and chemical
849-synthesis:
850-(1) opium, opiates, derivatives of opium and opiates,
851-including their isomers, esters, ethers, salts, and salts
852-of isomers, esters, and ethers, whenever the existence of
853-such isomers, esters, ethers, and salts is possible within
854-the specific chemical designation; however the term
855-"narcotic drug" does not include the isoquinoline
856-alkaloids of opium;
857-(2) (blank);
858-(3) opium poppy and poppy straw;
859-(4) coca leaves, except coca leaves and extracts of
860-coca leaves from which substantially all of the cocaine
861-
862-
863-and ecgonine, and their isomers, derivatives and salts,
864-have been removed;
865-(5) cocaine, its salts, optical and geometric isomers,
866-and salts of isomers;
867-(6) ecgonine, its derivatives, their salts, isomers,
868-and salts of isomers;
869-(7) any compound, mixture, or preparation which
870-contains any quantity of any of the substances referred to
871-in subparagraphs (1) through (6).
872-(bb) "Nurse" means a registered nurse licensed under the
873-Nurse Practice Act.
874-(cc) (Blank).
875-(dd) "Opiate" means a drug derived from or related to
876-opium any substance having an addiction forming or addiction
877-sustaining liability similar to morphine or being capable of
878-conversion into a drug having addiction forming or addiction
879-sustaining liability.
880-(ee) "Opium poppy" means the plant of the species Papaver
881-somniferum L., except its seeds.
882-(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
883-solution or other liquid form of medication intended for
884-administration by mouth, but the term does not include a form
885-of medication intended for buccal, sublingual, or transmucosal
886-administration.
887-(ff) "Parole and Pardon Board" means the Parole and Pardon
888-Board of the State of Illinois or its successor agency.
889-
890-
891-(gg) "Person" means any individual, corporation,
892-mail-order pharmacy, government or governmental subdivision or
893-agency, business trust, estate, trust, partnership or
894-association, or any other entity.
895-(hh) "Pharmacist" means any person who holds a license or
896-certificate of registration as a registered pharmacist, a
897-local registered pharmacist or a registered assistant
898-pharmacist under the Pharmacy Practice Act.
899-(ii) "Pharmacy" means any store, ship or other place in
900-which pharmacy is authorized to be practiced under the
901-Pharmacy Practice Act.
902-(ii-5) "Pharmacy shopping" means the conduct prohibited
903-under subsection (b) of Section 314.5 of this Act.
904-(ii-10) "Physician" (except when the context otherwise
905-requires) means a person licensed to practice medicine in all
906-of its branches.
907-(jj) "Poppy straw" means all parts, except the seeds, of
908-the opium poppy, after mowing.
909-(kk) "Practitioner" means a physician licensed to practice
910-medicine in all its branches, dentist, optometrist, podiatric
911-physician, veterinarian, scientific investigator, pharmacist,
912-physician assistant, advanced practice registered nurse,
913-licensed practical nurse, registered nurse, emergency medical
914-services personnel, hospital, laboratory, or pharmacy, or
915-other person licensed, registered, or otherwise lawfully
916-permitted by the United States or this State to distribute,
917-
918-
919-dispense, conduct research with respect to, administer or use
920-in teaching or chemical analysis, a controlled substance in
921-the course of professional practice or research.
922-(ll) "Pre-printed prescription" means a written
923-prescription upon which the designated drug has been indicated
924-prior to the time of issuance; the term does not mean a written
925-prescription that is individually generated by machine or
926-computer in the prescriber's office.
927-(mm) "Prescriber" means a physician licensed to practice
928-medicine in all its branches, dentist, optometrist,
929-prescribing psychologist licensed under Section 4.2 of the
930-Clinical Psychologist Licensing Act with prescriptive
931-authority delegated under Section 4.3 of the Clinical
932-Psychologist Licensing Act, podiatric physician, or
933-veterinarian who issues a prescription, a physician assistant
934-who issues a prescription for a controlled substance in
935-accordance with Section 303.05, a written delegation, and a
936-written collaborative agreement required under Section 7.5 of
937-the Physician Assistant Practice Act of 1987, an advanced
938-practice registered nurse with prescriptive authority
939-delegated under Section 65-40 of the Nurse Practice Act and in
940-accordance with Section 303.05, a written delegation, and a
941-written collaborative agreement under Section 65-35 of the
942-Nurse Practice Act, an advanced practice registered nurse
943-certified as a nurse practitioner, nurse midwife, or clinical
944-nurse specialist who has been granted authority to prescribe
945-
946-
947-by a hospital affiliate in accordance with Section 65-45 of
948-the Nurse Practice Act and in accordance with Section 303.05,
949-or an advanced practice registered nurse certified as a nurse
950-practitioner, nurse midwife, or clinical nurse specialist who
951-has full practice authority pursuant to Section 65-43 of the
952-Nurse Practice Act.
953-(nn) "Prescription" means a written, facsimile, or oral
954-order, or an electronic order that complies with applicable
955-federal requirements, of a physician licensed to practice
956-medicine in all its branches, dentist, podiatric physician or
957-veterinarian for any controlled substance, of an optometrist
958-in accordance with Section 15.1 of the Illinois Optometric
959-Practice Act of 1987, of a prescribing psychologist licensed
960-under Section 4.2 of the Clinical Psychologist Licensing Act
961-with prescriptive authority delegated under Section 4.3 of the
962-Clinical Psychologist Licensing Act, of a physician assistant
963-for a controlled substance in accordance with Section 303.05,
964-a written delegation, and a written collaborative agreement
965-required under Section 7.5 of the Physician Assistant Practice
966-Act of 1987, of an advanced practice registered nurse with
967-prescriptive authority delegated under Section 65-40 of the
968-Nurse Practice Act who issues a prescription for a controlled
969-substance in accordance with Section 303.05, a written
970-delegation, and a written collaborative agreement under
971-Section 65-35 of the Nurse Practice Act, of an advanced
972-practice registered nurse certified as a nurse practitioner,
973-
974-
975-nurse midwife, or clinical nurse specialist who has been
976-granted authority to prescribe by a hospital affiliate in
977-accordance with Section 65-45 of the Nurse Practice Act and in
978-accordance with Section 303.05 when required by law, or of an
979-advanced practice registered nurse certified as a nurse
980-practitioner, nurse midwife, or clinical nurse specialist who
981-has full practice authority pursuant to Section 65-43 of the
982-Nurse Practice Act.
983-(nn-5) "Prescription Information Library" (PIL) means an
984-electronic library that contains reported controlled substance
985-data.
986-(nn-10) "Prescription Monitoring Program" (PMP) means the
987-entity that collects, tracks, and stores reported data on
988-controlled substances and select drugs pursuant to Section
989-316.
990-(oo) "Production" or "produce" means manufacture,
991-planting, cultivating, growing, or harvesting of a controlled
992-substance other than methamphetamine.
993-(pp) "Registrant" means every person who is required to
994-register under Section 302 of this Act.
995-(qq) "Registry number" means the number assigned to each
996-person authorized to handle controlled substances under the
997-laws of the United States and of this State.
998-(qq-5) "Secretary" means, as the context requires, either
999-the Secretary of the Department or the Secretary of the
1000-Department of Financial and Professional Regulation, and the
1001-
1002-
1003-Secretary's designated agents.
1004-(rr) "State" includes the State of Illinois and any state,
1005-district, commonwealth, territory, insular possession thereof,
1006-and any area subject to the legal authority of the United
1007-States of America.
1008-(rr-5) "Stimulant" means any drug that (i) causes an
1009-overall excitation of central nervous system functions, (ii)
1010-causes impaired consciousness and awareness, and (iii) can be
1011-habit-forming or lead to a substance use disorder abuse
1012-problem, including, but not limited to, amphetamines and their
1013-analogs, methylphenidate and its analogs, cocaine, and
1014-phencyclidine and its analogs.
1015-(rr-10) "Synthetic drug" includes, but is not limited to,
1016-any synthetic cannabinoids or piperazines or any synthetic
1017-cathinones as provided for in Schedule I.
1018-(ss) "Ultimate user" means a person who lawfully possesses
1019-a controlled substance for his or her own use or for the use of
1020-a member of his or her household or for administering to an
1021-animal owned by him or her or by a member of his or her
1022-household.
1023-(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
1024-102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
1025-(720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
1026-Sec. 201. (a) The Department shall carry out the
1027-provisions of this Article. The Department or its successor
1028-
1029-
1030-agency may, by administrative rule, add additional substances
1031-to or delete or reschedule all controlled substances in the
1032-Schedules of Sections 204, 206, 208, 210 and 212 of this Act.
1033-In making a determination regarding the addition, deletion, or
1034-rescheduling of a substance, the Department shall consider the
1035-following:
1036-(1) the actual or relative potential for misuse abuse;
1037-(2) the scientific evidence of its pharmacological
1038-effect, if known;
1039-(3) the state of current scientific knowledge
1040-regarding the substance;
1041-(4) the history and current pattern of misuse abuse;
1042-(5) the scope, duration, and significance of misuse
1043-abuse;
1044-(6) the risk to the public health;
1045-(7) the potential of the substance to produce
1046-psychological or physiological dependence or a substance
1047-use disorder;
1048-(8) whether the substance is an immediate precursor of
1049-a substance already controlled under this Article;
1050-(9) the immediate harmful effect in terms of
1051-potentially fatal dosage; and
1052-(10) the long-range effects in terms of permanent
1053-health impairment.
1054-(b) (Blank).
1055-(c) (Blank).
1056-
1057-
1058-(d) If any substance is scheduled, rescheduled, or deleted
1059-as a controlled substance under Federal law and notice thereof
1060-is given to the Department, the Department shall similarly
1061-control the substance under this Act after the expiration of
1062-30 days from publication in the Federal Register of a final
1063-order scheduling a substance as a controlled substance or
1064-rescheduling or deleting a substance, unless within that 30
1065-day period the Department objects, or a party adversely
1066-affected files with the Department substantial written
1067-objections objecting to inclusion, rescheduling, or deletion.
1068-In that case, the Department shall publish the reasons for
1069-objection or the substantial written objections and afford all
1070-interested parties an opportunity to be heard. At the
1071-conclusion of the hearing, the Department shall publish its
1072-decision, by means of a rule, which shall be final unless
1073-altered by statute. Upon publication of objections by the
1074-Department, similar control under this Act whether by
1075-inclusion, rescheduling or deletion is stayed until the
1076-Department publishes its ruling.
1077-(e) (Blank).
1078-(f) (Blank).
1079-(g) Authority to control under this Section does not
1080-extend to distilled spirits, wine, malt beverages, or tobacco
1081-as those terms are defined or used in the Liquor Control Act of
1082-1934 and the Tobacco Products Tax Act of 1995.
1083-(h) Persons registered with the Drug Enforcement
1084-
1085-
1086-Administration to manufacture or distribute controlled
1087-substances shall maintain adequate security and provide
1088-effective controls and procedures to guard against theft and
1089-diversion, but shall not otherwise be required to meet the
1090-physical security control requirements (such as cage or vault)
1091-for Schedule V controlled substances containing
1092-pseudoephedrine or Schedule II controlled substances
1093-containing dextromethorphan.
1094-(Source: P.A. 97-334, eff. 1-1-12; 98-756, eff. 7-16-14.)
1095-(720 ILCS 570/203) (from Ch. 56 1/2, par. 1203)
1096-Sec. 203. The Department, taking into consideration the
1097-recommendations of its Prescription Monitoring Program
1098-Advisory Committee, may issue a rule scheduling a substance in
1099-Schedule I if it finds that:
1100-(1) the substance has high potential for misuse abuse;
1101-and
1102-(2) the substance has no currently accepted medical
1103-use in treatment in the United States or lacks accepted
1104-safety for use in treatment under medical supervision.
1105-(Source: P.A. 97-334, eff. 1-1-12.)
1106-(720 ILCS 570/205) (from Ch. 56 1/2, par. 1205)
1107-Sec. 205. The Department, taking into consideration the
1108-recommendations of its Prescription Monitoring Program
1109-Advisory Committee, may issue a rule scheduling a substance in
1110-
1111-
1112-Schedule II if it finds that:
1113-(1) the substance has high potential for misuse abuse;
1114-(2) the substance has currently accepted medical use
1115-in treatment in the United States, or currently accepted
1116-medical use with severe restrictions; and
1117-(3) the misuse abuse of the substance may lead to
1118-severe psychological or physiological dependence.
1119-(Source: P.A. 97-334, eff. 1-1-12.)
1120-(720 ILCS 570/207) (from Ch. 56 1/2, par. 1207)
1121-Sec. 207. The Department, taking into consideration the
1122-recommendations of its Prescription Monitoring Program
1123-Advisory Committee, may issue a rule scheduling a substance in
1124-Schedule III if it finds that:
1125-(1) the substance has a potential for misuse abuse
1126-less than the substances listed in Schedule I and II;
1127-(2) the substance has currently accepted medical use
1128-in treatment in the United States; and
1129-(3) misuse abuse of the substance may lead to moderate
1130-or low physiological dependence or high psychological
1131-dependence.
1132-(Source: P.A. 97-334, eff. 1-1-12.)
1133-(720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
1134-Sec. 208. (a) The controlled substances listed in this
1135-Section are included in Schedule III.
1136-
1137-
1138-(b) Unless specifically excepted or unless listed in
1139-another schedule, any material, compound, mixture, or
1140-preparation which contains any quantity of the following
1141-substances having a stimulant effect on the central nervous
1142-system, including its salts, isomers (whether optical
1143-position, or geometric), and salts of such isomers whenever
1144-the existence of such salts, isomers, and salts of isomers is
1145-possible within the specific chemical designation;
1146-(1) Those compounds, mixtures, or preparations in
1147-dosage unit form containing any stimulant substances
1148-listed in Schedule II which compounds, mixtures, or
1149-preparations were listed on August 25, 1971, as excepted
1150-compounds under Title 21, Code of Federal Regulations,
1151-Section 308.32, and any other drug of the quantitative
1152-composition shown in that list for those drugs or which is
1153-the same except that it contains a lesser quantity of
1154-controlled substances;
1155-(2) Benzphetamine;
1156-(3) Chlorphentermine;
1157-(4) Clortermine;
1158-(5) Phendimetrazine.
1159-(c) Unless specifically excepted or unless listed in
1160-another schedule, any material, compound, mixture, or
1161-preparation which contains any quantity of the following
1162-substances having a potential for misuse abuse associated with
1163-a depressant effect on the central nervous system:
1164-
1165-
1166-(1) Any compound, mixture, or preparation containing
1167-amobarbital, secobarbital, pentobarbital or any salt
1168-thereof and one or more other active medicinal ingredients
1169-which are not listed in any schedule;
1170-(2) Any suppository dosage form containing
1171-amobarbital, secobarbital, pentobarbital or any salt of
1172-any of these drugs and approved by the Federal Food and
1173-Drug Administration for marketing only as a suppository;
1174-(3) Any substance which contains any quantity of a
1175-derivative of barbituric acid, or any salt thereof:
1176-(3.1) Aprobarbital;
1177-(3.2) Butabarbital (secbutabarbital);
1178-(3.3) Butalbital;
1179-(3.4) Butobarbital (butethal);
1180-(4) Chlorhexadol;
1181-(5) Methyprylon;
1182-(6) Sulfondiethylmethane;
1183-(7) Sulfonethylmethane;
1184-(8) Sulfonmethane;
1185-(9) Lysergic acid;
1186-(10) Lysergic acid amide;
1187-(10.1) Tiletamine or zolazepam or both, or any salt of
1188-either of them.
1189-Some trade or other names for a tiletamine-zolazepam
1190-combination product: Telazol.
1191-Some trade or other names for Tiletamine:
1192-
1193-
1194-2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
1195-Some trade or other names for zolazepam:
1196-4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
1197-[3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
1198-(11) Any material, compound, mixture or preparation
1199-containing not more than 12.5 milligrams of pentazocine or
1200-any of its salts, per 325 milligrams of aspirin;
1201-(12) Any material, compound, mixture or preparation
1202-containing not more than 12.5 milligrams of pentazocine or
1203-any of its salts, per 325 milligrams of acetaminophen;
1204-(13) Any material, compound, mixture or preparation
1205-containing not more than 50 milligrams of pentazocine or
1206-any of its salts plus naloxone HCl USP 0.5 milligrams, per
1207-dosage unit;
1208-(14) Ketamine;
1209-(15) Thiopental.
1210-(d) Nalorphine.
1211-(d.5) Buprenorphine.
1212-(e) Unless specifically excepted or unless listed in
1213-another schedule, any material, compound, mixture, or
1214-preparation containing limited quantities of any of the
1215-following narcotic drugs, or their salts calculated as the
1216-free anhydrous base or alkaloid, as set forth below:
1217-(1) not more than 1.8 grams of codeine per 100
1218-milliliters or not more than 90 milligrams per dosage
1219-unit, with an equal or greater quantity of an isoquinoline
1220-
1221-
1222-alkaloid of opium;
1223-(2) not more than 1.8 grams of codeine per 100
1224-milliliters or not more than 90 milligrams per dosage
1225-unit, with one or more active non-narcotic ingredients in
1226-recognized therapeutic amounts;
1227-(3) (blank);
1228-(4) (blank);
1229-(5) not more than 1.8 grams of dihydrocodeine per 100
1230-milliliters or not more than 90 milligrams per dosage
1231-unit, with one or more active, non-narcotic ingredients in
1232-recognized therapeutic amounts;
1233-(6) not more than 300 milligrams of ethylmorphine per
1234-100 milliliters or not more than 15 milligrams per dosage
1235-unit, with one or more active, non-narcotic ingredients in
1236-recognized therapeutic amounts;
1237-(7) not more than 500 milligrams of opium per 100
1238-milliliters or per 100 grams, or not more than 25
1239-milligrams per dosage unit, with one or more active,
1240-non-narcotic ingredients in recognized therapeutic
1241-amounts;
1242-(8) not more than 50 milligrams of morphine per 100
1243-milliliters or per 100 grams with one or more active,
1244-non-narcotic ingredients in recognized therapeutic
1245-amounts.
1246-(f) Anabolic steroids, except the following anabolic
1247-steroids that are exempt:
1248-
1249-
1250-(1) Androgyn L.A.;
1251-(2) Andro-Estro 90-4;
1252-(3) depANDROGYN;
1253-(4) DEPO-T.E.;
1254-(5) depTESTROGEN;
1255-(6) Duomone;
1256-(7) DURATESTRIN;
1257-(8) DUO-SPAN II;
1258-(9) Estratest;
1259-(10) Estratest H.S.;
1260-(11) PAN ESTRA TEST;
1261-(12) Premarin with Methyltestosterone;
1262-(13) TEST-ESTRO Cypionates;
1263-(14) Testosterone Cyp 50 Estradiol Cyp 2;
1264-(15) Testosterone Cypionate-Estradiol Cypionate
1265-injection; and
1266-(16) Testosterone Enanthate-Estradiol Valerate
1267-injection.
1268-(g) Hallucinogenic substances.
1269-(1) Dronabinol (synthetic) in sesame oil and
1270-encapsulated in a soft gelatin capsule in a U.S. Food and
1271-Drug Administration approved product. Some other names for
1272-dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
1273-6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or
1274-(-)-delta-9-(trans)-tetrahydrocannabinol.
1275-(2) (Reserved).
1276-
1277-
1278-(h) The Department may except by rule any compound,
1279-mixture, or preparation containing any stimulant or depressant
1280-substance listed in subsection (b) from the application of all
1281-or any part of this Act if the compound, mixture, or
1282-preparation contains one or more active medicinal ingredients
1283-not having a stimulant or depressant effect on the central
1284-nervous system, and if the admixtures are included therein in
1285-combinations, quantity, proportion, or concentration that
1286-vitiate the potential for misuse abuse of the substances which
1287-have a stimulant or depressant effect on the central nervous
1288-system.
1289-(Source: P.A. 100-368, eff. 1-1-18.)
1290-(720 ILCS 570/209) (from Ch. 56 1/2, par. 1209)
1291-Sec. 209. The Department, taking into consideration the
1292-recommendations of its Prescription Monitoring Program
1293-Advisory Committee, may issue a rule scheduling a substance in
1294-Schedule IV if it finds that:
1295-(1) the substance has a low potential for misuse abuse
1296-relative to substances in Schedule III;
1297-(2) the substance has currently accepted medical use
1298-in treatment in the United States; and
1299-(3) misuse abuse of the substance may lead to limited
1300-physiological dependence or psychological dependence
1301-relative to the substances in Schedule III.
1302-(Source: P.A. 97-334, eff. 1-1-12.)
1303-
1304-
1305-(720 ILCS 570/210) (from Ch. 56 1/2, par. 1210)
1306-Sec. 210. (a) The controlled substances listed in this
1307-Section are included in Schedule IV.
1308-(b) Unless specifically excepted or unless listed in
1309-another schedule, any material, compound, mixture, or
1310-preparation containing limited quantities of any of the
1311-following narcotic drugs, or their salts calculated as the
1312-free anhydrous base or alkaloid, as set forth below:
1313-(1) Not more than 1 milligram of difenoxin (DEA Drug
1314-Code No. 9618) and not less than 25 micrograms of atropine
1315-sulfate per dosage unit.
1316-(2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
1317-2-diphenyl-3-methyl-2-propionoxybutane).
1318-(c) Unless specifically excepted or unless listed in
1319-another schedule, any material, compound, mixture, or
1320-preparation which contains any quantity of the following
1321-substances having a potential for misuse abuse associated with
1322-a depressant effect on the central nervous system:
1323-(1) Alprazolam;
1324-(2) Barbital;
1325-(2.1) Bromazepam;
1326-(2.2) Camazepam;
1327-(2.3) Carisoprodol;
1328-(3) Chloral Betaine;
1329-(4) Chloral Hydrate;
1330-
1331-
1332-(5) Chlordiazepoxide;
1333-(5.1) Clobazam;
1334-(6) Clonazepam;
1335-(7) Clorazepate;
1336-(7.1) Clotiazepam;
1337-(7.2) Cloxazolam;
1338-(7.3) Delorazepam;
1339-(8) Diazepam;
1340-(8.05) Dichloralphenazone;
1341-(8.1) Estazolam;
1342-(9) Ethchlorvynol;
1343-(10) Ethinamate;
1344-(10.1) Ethyl loflazepate;
1345-(10.2) Fludiazepam;
1346-(10.3) Flunitrazepam;
1347-(11) Flurazepam;
1348-(11.1) Fospropofol;
1349-(12) Halazepam;
1350-(12.1) Haloxazolam;
1351-(12.2) Ketazolam;
1352-(12.3) Loprazolam;
1353-(13) Lorazepam;
1354-(13.1) Lormetazepam;
1355-(14) Mebutamate;
1356-(14.1) Medazepam;
1357-(15) Meprobamate;
1358-
1359-
1360-(16) Methohexital;
1361-(17) Methylphenobarbital (Mephobarbital);
1362-(17.1) Midazolam;
1363-(17.2) Nimetazepam;
1364-(17.3) Nitrazepam;
1365-(17.4) Nordiazepam;
1366-(18) Oxazepam;
1367-(18.1) Oxazolam;
1368-(19) Paraldehyde;
1369-(20) Petrichloral;
1370-(21) Phenobarbital;
1371-(21.1) Pinazepam;
1372-(22) Prazepam;
1373-(22.1) Quazepam;
1374-(23) Temazepam;
1375-(23.1) Tetrazepam;
1376-(23.2) Tramadol;
1377-(24) Triazolam;
1378-(24.5) Zaleplon;
1379-(25) Zolpidem;
1380-(26) Zopiclone.
1381-(d) Any material, compound, mixture, or preparation which
1382-contains any quantity of the following substances, including
1383-its salts, isomers (whether optical, position, or geometric),
1384-and salts of such isomers, whenever the existence of such
1385-salts, isomers and salts of isomers is possible:
1386-
1387-
1388-(1) Fenfluramine.
1389-(e) Unless specifically excepted or unless listed in
1390-another schedule any material, compound, mixture, or
1391-preparation which contains any quantity of the following
1392-substances having a stimulant effect on the central nervous
1393-system, including its salts, isomers (whether optical,
1394-position or geometric), and salts of such isomers whenever the
1395-existence of such salts, isomers, and salts of isomers is
1396-possible within the specific chemical designation:
1397-(1) Cathine ((+)-norpseudoephedrine);
1398-(1.1) Diethylpropion;
1399-(1.2) Fencamfamin;
1400-(1.3) Fenproporex;
1401-(2) Mazindol;
1402-(2.1) Mefenorex;
1403-(3) Phentermine;
1404-(4) Pemoline (including organometallic complexes and
1405-chelates thereof);
1406-(5) Pipradrol;
1407-(6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
1408-(7) Modafinil;
1409-(8) Sibutramine.
1410-(f) Other Substances. Unless specifically excepted or
1411-unless listed in another schedule, any material, compound,
1412-mixture, or preparation that contains any quantity of the
1413-following substance, including its salts:
1414-
1415-
1416-(1) Butorphanol (including its optical isomers).
1417-(g) The Department may except by rule any compound,
1418-mixture, or preparation containing any depressant substance
1419-listed in subsection (b) from the application of all or any
1420-part of this Act if the compound, mixture, or preparation
1421-contains one or more active medicinal ingredients not having a
1422-depressant effect on the central nervous system, and if the
1423-admixtures are included therein in combinations, quantity,
1424-proportion, or concentration that vitiate the potential for
1425-misuse abuse of the substances which have a depressant effect
1426-on the central nervous system.
1427-(h) Except as otherwise provided in Section 216, any
1428-material, compound, mixture, or preparation that contains any
1429-quantity of the following substance having a stimulant effect
1430-on the central nervous system, including its salts,
1431-enantiomers (optical isomers) and salts of enantiomers
1432-(optical isomers):
1433-(1) Ephedrine, its salts, optical isomers and salts of
1434-optical isomers.
1435-(Source: P.A. 97-334, eff. 1-1-12.)
1436-(720 ILCS 570/211) (from Ch. 56 1/2, par. 1211)
1437-Sec. 211. The Department, taking into consideration the
1438-recommendations of its Prescription Monitoring Program
1439-Advisory Committee, may issue a rule scheduling a substance in
1440-Schedule V if it finds that:
1441-
1442-
1443-(1) the substance has low potential for misuse abuse
1444-relative to the controlled substances listed in Schedule
1445-IV;
1446-(2) the substance has currently accepted medical use
1447-in treatment in the United States; and
1448-(3) misuse abuse of the substance may lead to limited
1449-physiological dependence or psychological dependence
1450-relative to the substances in Schedule IV, or the
1451-substance is a targeted methamphetamine precursor as
1452-defined in the Methamphetamine Precursor Control Act.
1453-(Source: P.A. 97-334, eff. 1-1-12.)
1454-(720 ILCS 570/216)
1455-Sec. 216. Ephedrine.
1456-(a) The following drug products containing ephedrine, its
1457-salts, optical isomers and salts of optical isomers shall be
1458-exempt from the application of Sections 312 and 313 of this Act
1459-if they: (i) may lawfully be sold over-the-counter without a
1460-prescription under the Federal Food, Drug, and Cosmetic Act;
1461-(ii) are labeled and marketed in a manner consistent with
1462-Section 341.76 of Title 21 of the Code of Federal Regulations;
1463-(iii) are manufactured and distributed for legitimate
1464-medicinal use in a manner that reduces or eliminates the
1465-likelihood of abuse; and (iv) are not marketed, advertised, or
1466-labeled for the indications of stimulation, mental alertness,
1467-weight loss, muscle enhancement, appetite control, or energy:
1468-
1469-
1470-(1) Solid oral dosage forms, including soft gelatin
1471-caplets, which are formulated pursuant to 21 CFR 341 or
1472-its successor, and packaged in blister packs of not more
1473-than 2 tablets per blister.
1474-(2) Anorectal preparations containing not more than 5%
1475-ephedrine.
1476-(b) The marketing, advertising, or labeling of any product
1477-containing ephedrine, a salt of ephedrine, an optical isomer
1478-of ephedrine, or a salt of an optical isomer of ephedrine, for
1479-the indications of stimulation, mental alertness, weight loss,
1480-appetite control, or energy, is prohibited. In determining
1481-compliance with this requirement the Department may consider
1482-the following factors:
1483-(1) The packaging of the drug product;
1484-(2) The name and labeling of the product;
1485-(3) The manner of distribution, advertising, and
1486-promotion of the product;
1487-(4) Verbal representations made concerning the
1488-product;
1489-(5) The duration, scope, and significance of abuse or
1490-misuse of the particular product.
1491-(c) A violation of this Section is a Class A misdemeanor. A
1492-second or subsequent violation of this Section is a Class 4
1493-felony.
1494-(d) This Section does not apply to dietary supplements,
1495-herbs, or other natural products, including concentrates or
1496-
1497-
1498-extracts, which:
1499-(1) are not otherwise prohibited by law; and
1500-(2) may contain naturally occurring ephedrine,
1501-ephedrine alkaloids, or pseudoephedrine, or their salts,
1502-isomers, or salts of isomers, or a combination of these
1503-substances, that:
1504-(i) are contained in a matrix of organic material;
1505-and
1506-(ii) do not exceed 15% of the total weight of the
1507-natural product.
1508-(e) Nothing in this Section limits the scope or terms of
1509-the Methamphetamine Precursor Control Act.
1510-(Source: P.A. 94-694, eff. 1-15-06.)
1511-(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
1512-Sec. 312. Requirements for dispensing controlled
1513-substances.
1514-(a) A practitioner, in good faith, may dispense a Schedule
1515-II controlled substance, which is a narcotic drug listed in
1516-Section 206 of this Act; or which contains any quantity of
1517-amphetamine or methamphetamine, their salts, optical isomers
1518-or salts of optical isomers; phenmetrazine and its salts; or
1519-pentazocine; and Schedule III, IV, or V controlled substances
1520-to any person upon a written or electronic prescription of any
1521-prescriber, dated and signed by the person prescribing (or
1522-electronically validated in compliance with Section 311.5) on
1523-
1524-
1525-the day when issued and bearing the name and address of the
1526-patient for whom, or the owner of the animal for which the
1527-controlled substance is dispensed, and the full name, address
1528-and registry number under the laws of the United States
1529-relating to controlled substances of the prescriber, if he or
1530-she is required by those laws to be registered. If the
1531-prescription is for an animal it shall state the species of
1532-animal for which it is ordered. The practitioner filling the
1533-prescription shall, unless otherwise permitted, write the date
1534-of filling and his or her own signature on the face of the
1535-written prescription or, alternatively, shall indicate such
1536-filling using a unique identifier as defined in paragraph (v)
1537-of Section 3 of the Pharmacy Practice Act. The written
1538-prescription shall be retained on file by the practitioner who
1539-filled it or pharmacy in which the prescription was filled for
1540-a period of 2 years, so as to be readily accessible for
1541-inspection or removal by any officer or employee engaged in
1542-the enforcement of this Act. Whenever the practitioner's or
1543-pharmacy's copy of any prescription is removed by an officer
1544-or employee engaged in the enforcement of this Act, for the
1545-purpose of investigation or as evidence, such officer or
1546-employee shall give to the practitioner or pharmacy a receipt
1547-in lieu thereof. If the specific prescription is machine or
1548-computer generated and printed at the prescriber's office, the
1549-date does not need to be handwritten. A prescription for a
1550-Schedule II controlled substance shall not be issued for more
1551-
1552-
1553-than a 30 day supply, except as provided in subsection (a-5),
1554-and shall be valid for up to 90 days after the date of
1555-issuance. A written prescription for Schedule III, IV or V
1556-controlled substances shall not be filled or refilled more
1557-than 6 months after the date thereof or refilled more than 5
1558-times unless renewed, in writing, by the prescriber. A
1559-pharmacy shall maintain a policy regarding the type of
1560-identification necessary, if any, to receive a prescription in
1561-accordance with State and federal law. The pharmacy must post
1562-such information where prescriptions are filled.
1563-(a-5) Physicians may issue multiple prescriptions (3
1564-sequential 30-day supplies) for the same Schedule II
1565-controlled substance, authorizing up to a 90-day supply.
1566-Before authorizing a 90-day supply of a Schedule II controlled
1567-substance, the physician must meet the following conditions:
1568-(1) Each separate prescription must be issued for a
1569-legitimate medical purpose by an individual physician
1570-acting in the usual course of professional practice.
1571-(2) The individual physician must provide written
1572-instructions on each prescription (other than the first
1573-prescription, if the prescribing physician intends for the
1574-prescription to be filled immediately) indicating the
1575-earliest date on which a pharmacy may fill that
1576-prescription.
1577-(3) The physician shall document in the medical record
1578-of a patient the medical necessity for the amount and
1579-
1580-
1581-duration of the 3 sequential 30-day prescriptions for
1582-Schedule II narcotics.
1583-(a-10) Prescribers who issue a prescription for an opioid
1584-shall inform the patient that opioids are addictive and that
1585-opioid antagonists are available by prescription or from a
1586-pharmacy.
1587-(b) In lieu of a written prescription required by this
1588-Section, a pharmacist, in good faith, may dispense Schedule
1589-III, IV, or V substances to any person either upon receiving a
1590-facsimile of a written, signed prescription transmitted by the
1591-prescriber or the prescriber's agent or upon a lawful oral
1592-prescription of a prescriber which oral prescription shall be
1593-reduced promptly to writing by the pharmacist and such written
1594-memorandum thereof shall be dated on the day when such oral
1595-prescription is received by the pharmacist and shall bear the
1596-full name and address of the ultimate user for whom, or of the
1597-owner of the animal for which the controlled substance is
1598-dispensed, and the full name, address, and registry number
1599-under the law of the United States relating to controlled
1600-substances of the prescriber prescribing if he or she is
1601-required by those laws to be so registered, and the pharmacist
1602-filling such oral prescription shall write the date of filling
1603-and his or her own signature on the face of such written
1604-memorandum thereof. The facsimile copy of the prescription or
1605-written memorandum of the oral prescription shall be retained
1606-on file by the proprietor of the pharmacy in which it is filled
1607-
1608-
1609-for a period of not less than two years, so as to be readily
1610-accessible for inspection by any officer or employee engaged
1611-in the enforcement of this Act in the same manner as a written
1612-prescription. The facsimile copy of the prescription or oral
1613-prescription and the written memorandum thereof shall not be
1614-filled or refilled more than 6 months after the date thereof or
1615-be refilled more than 5 times, unless renewed, in writing, by
1616-the prescriber.
1617-(c) Except for any non-prescription targeted
1618-methamphetamine precursor regulated by the Methamphetamine
1619-Precursor Control Act, a controlled substance included in
1620-Schedule V shall not be distributed or dispensed other than
1621-for a medical purpose and not for the purpose of evading this
1622-Act, and then:
1623-(1) only personally by a person registered to dispense
1624-a Schedule V controlled substance and then only to his or
1625-her patients, or
1626-(2) only personally by a pharmacist, and then only to
1627-a person over 21 years of age who has identified himself or
1628-herself to the pharmacist by means of 2 positive documents
1629-of identification.
1630-The dispenser shall record the name and address of the
1631-purchaser, the name and quantity of the product, the date and
1632-time of the sale, and the dispenser's signature.
1633-No person shall purchase or be dispensed more than 120
1634-milliliters or more than 120 grams of any Schedule V substance
1635-
1636-
1637-which contains codeine, dihydrocodeine, or any salts thereof,
1638-or ethylmorphine, or any salts thereof, in any 96-hour period.
1639-The purchaser shall sign a form, approved by the Department of
1640-Financial and Professional Regulation, attesting that he or
1641-she has not purchased any Schedule V controlled substances
1642-within the immediately preceding 96 hours.
1643-All records of purchases and sales shall be maintained for
1644-not less than 2 years.
1645-No person shall obtain or attempt to obtain within any
1646-consecutive 96-hour period any Schedule V substances of more
1647-than 120 milliliters or more than 120 grams containing
1648-codeine, dihydrocodeine or any of its salts, or ethylmorphine
1649-or any of its salts. Any person obtaining any such
1650-preparations or combination of preparations in excess of this
1651-limitation shall be in unlawful possession of such controlled
1652-substance.
1653-A person qualified to dispense controlled substances under
1654-this Act and registered thereunder shall at no time maintain
1655-or keep in stock a quantity of Schedule V controlled
1656-substances in excess of 4.5 liters for each substance; a
1657-pharmacy shall at no time maintain or keep in stock a quantity
1658-of Schedule V controlled substances as defined in excess of
1659-4.5 liters for each substance, plus the additional quantity of
1660-controlled substances necessary to fill the largest number of
1661-prescription orders filled by that pharmacy for such
1662-controlled substances in any one week in the previous year.
1663-
1664-
1665-These limitations shall not apply to Schedule V controlled
1666-substances which Federal law prohibits from being dispensed
1667-without a prescription.
1668-No person shall distribute or dispense butyl nitrite for
1669-inhalation or other introduction into the human body for
1670-euphoric or physical effect.
1671-(d) Every practitioner shall keep a record or log of
1672-controlled substances received by him or her and a record of
1673-all such controlled substances administered, dispensed or
1674-professionally used by him or her otherwise than by
1675-prescription. It shall, however, be sufficient compliance with
1676-this paragraph if any practitioner utilizing controlled
1677-substances listed in Schedules III, IV and V shall keep a
1678-record of all those substances dispensed and distributed by
1679-him or her other than those controlled substances which are
1680-administered by the direct application of a controlled
1681-substance, whether by injection, inhalation, ingestion, or any
1682-other means to the body of a patient or research subject. A
1683-practitioner who dispenses, other than by administering, a
1684-controlled substance in Schedule II, which is a narcotic drug
1685-listed in Section 206 of this Act, or which contains any
1686-quantity of amphetamine or methamphetamine, their salts,
1687-optical isomers or salts of optical isomers, pentazocine, or
1688-methaqualone shall do so only upon the issuance of a written
1689-prescription blank or electronic prescription issued by a
1690-prescriber.
1691-
1692-
1693-(e) Whenever a manufacturer distributes a controlled
1694-substance in a package prepared by him or her, and whenever a
1695-wholesale distributor distributes a controlled substance in a
1696-package prepared by him or her or the manufacturer, he or she
1697-shall securely affix to each package in which that substance
1698-is contained a label showing in legible English the name and
1699-address of the manufacturer, the distributor and the quantity,
1700-kind and form of controlled substance contained therein. No
1701-person except a pharmacist and only for the purposes of
1702-filling a prescription under this Act, shall alter, deface or
1703-remove any label so affixed.
1704-(f) Whenever a practitioner dispenses any controlled
1705-substance except a non-prescription Schedule V product or a
1706-non-prescription targeted methamphetamine precursor regulated
1707-by the Methamphetamine Precursor Control Act, he or she shall
1708-affix to the container in which such substance is sold or
1709-dispensed, a label indicating the date of initial filling, the
1710-practitioner's name and address, the name of the patient, the
1711-name of the prescriber, the directions for use and cautionary
1712-statements, if any, contained in any prescription or required
1713-by law, the proprietary name or names or the established name
1714-of the controlled substance, and the dosage and quantity,
1715-except as otherwise authorized by regulation by the Department
1716-of Financial and Professional Regulation. No person shall
1717-alter, deface or remove any label so affixed as long as the
1718-specific medication remains in the container.
1719-
1720-
1721-(g) A person to whom or for whose use any controlled
1722-substance has been prescribed or dispensed by a practitioner,
1723-or other persons authorized under this Act, and the owner of
1724-any animal for which such substance has been prescribed or
1725-dispensed by a veterinarian, may lawfully possess such
1726-substance only in the container in which it was delivered to
1727-him or her by the person dispensing such substance.
1728-(h) The responsibility for the proper prescribing or
1729-dispensing of controlled substances that are under the
1730-prescriber's direct control is upon the prescriber. The
1731-responsibility for the proper filling of a prescription for
1732-controlled substance drugs rests with the pharmacist. An order
1733-purporting to be a prescription issued to any individual,
1734-which is not in the regular course of professional treatment
1735-nor part of an authorized methadone maintenance program, nor
1736-in legitimate and authorized research instituted by any
1737-accredited hospital, educational institution, charitable
1738-foundation, or federal, state or local governmental agency,
1739-and which is intended to provide that individual with
1740-controlled substances sufficient to maintain that individual's
1741-or any other individual's physical or psychological addiction,
1742-habitual or customary use, dependence, or diversion of that
1743-controlled substance is not a prescription within the meaning
1744-and intent of this Act; and the person issuing it, shall be
1745-subject to the penalties provided for violations of the law
1746-relating to controlled substances.
1747-
1748-
1749-(i) A prescriber shall not pre-print or cause to be
1750-pre-printed a prescription for any controlled substance; nor
1751-shall any practitioner issue, fill or cause to be issued or
1752-filled, a pre-printed prescription for any controlled
1753-substance.
1754-(i-5) A prescriber may use a machine or electronic device
1755-to individually generate a printed prescription, but the
1756-prescriber is still required to affix his or her manual
1757-signature.
1758-(j) No person shall manufacture, dispense, deliver,
1759-possess with intent to deliver, prescribe, or administer or
1760-cause to be administered under his or her direction any
1761-anabolic steroid, for any use in humans other than the
1762-treatment of disease in accordance with the order of a
1763-physician licensed to practice medicine in all its branches
1764-for a valid medical purpose in the course of professional
1765-practice. The use of anabolic steroids for the purpose of
1766-hormonal manipulation that is intended to increase muscle
1767-mass, strength or weight without a medical necessity to do so,
1768-or for the intended purpose of improving physical appearance
1769-or performance in any form of exercise, sport, or game, is not
1770-a valid medical purpose or in the course of professional
1771-practice.
1772-(k) Controlled substances may be mailed if all of the
1773-following conditions are met:
1774-(1) The controlled substances are not outwardly
1775-
1776-
1777-dangerous and are not likely, of their own force, to cause
1778-injury to a person's life or health.
1779-(2) The inner container of a parcel containing
1780-controlled substances must be marked and sealed as
1781-required under this Act and its rules, and be placed in a
1782-plain outer container or securely wrapped in plain paper.
1783-(3) If the controlled substances consist of
1784-prescription medicines, the inner container must be
1785-labeled to show the name and address of the pharmacy or
1786-practitioner dispensing the prescription.
1787-(4) The outside wrapper or container must be free of
1788-markings that would indicate the nature of the contents.
1789-(l) Notwithstanding any other provision of this Act to the
1790-contrary, emergency medical services personnel may administer
1791-Schedule II, III, IV, or V controlled substances to a person in
1792-the scope of their employment without a written, electronic,
1793-or oral prescription of a prescriber.
1794-(Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23.)
1795-(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
1796-Sec. 313. (a) Controlled substances which are lawfully
1797-administered in hospitals or institutions licensed under the
1798-Hospital Licensing Act shall be exempt from the requirements
1799-of Sections 312, 315.6, and 316, except that the prescription
1800-for the controlled substance shall be in writing on the
1801-patient's record, signed by the prescriber, and dated, and
1802-
1803-
1804-shall state the name and quantity of controlled substances
1805-ordered and the quantity actually administered. The records of
1806-such prescriptions shall be maintained for two years and shall
1807-be available for inspection by officers and employees of the
1808-Illinois State Police and the Department of Financial and
1809-Professional Regulation.
1810-The exemption under this subsection (a) does not apply to
1811-a prescription (including an outpatient prescription from an
1812-emergency department or outpatient clinic) for more than a
1813-72-hour supply of a discharge medication to be consumed
1814-outside of the hospital or institution.
1815-(b) Controlled substances that can lawfully be
1816-administered or dispensed directly to a patient in a long-term
1817-care facility licensed by the Department of Public Health as a
1818-skilled nursing facility, intermediate care facility, or
1819-long-term care facility for residents under 22 years of age,
1820-are exempt from the requirements of Section 312 except that a
1821-prescription for a Schedule II controlled substance must be
1822-either a prescription signed by the prescriber or a
1823-prescription transmitted by the prescriber or prescriber's
1824-agent to the dispensing pharmacy by facsimile. The facsimile
1825-serves as the original prescription and must be maintained for
1826-2 years from the date of issue in the same manner as a written
1827-prescription signed by the prescriber.
1828-(c) A prescription that is generated for a Schedule II
1829-controlled substance to be compounded for direct
1830-
1831-
1832-administration to a patient in a private residence, long-term
1833-care facility, or hospice program may be transmitted by
1834-facsimile by the prescriber or the prescriber's agent to the
1835-pharmacy providing the home infusion services. The facsimile
1836-serves as the original prescription for purposes of this
1837-paragraph (c) and it shall be maintained in the same manner as
1838-the original prescription.
1839-(c-1) A prescription generated for a Schedule II
1840-controlled substance for a patient residing in a hospice
1841-certified by Medicare under Title XVIII of the Social Security
1842-Act or licensed by the State may be transmitted by the
1843-practitioner or the practitioner's agent to the dispensing
1844-pharmacy by facsimile or electronically as provided in Section
1845-311.5. The practitioner or practitioner's agent must note on
1846-the prescription that the patient is a hospice patient. The
1847-facsimile or electronic record serves as the original
1848-prescription for purposes of this paragraph (c-1) and it shall
1849-be maintained in the same manner as the original prescription.
1850-(d) Controlled substances which are lawfully administered
1851-and/or dispensed in substance use disorder drug abuse
1852-treatment programs licensed by the Department shall be exempt
1853-from the requirements of Sections 312 and 316, except that the
1854-prescription for such controlled substances shall be issued
1855-and authenticated on official prescription logs prepared and
1856-maintained in accordance with 77 Ill. Adm. Code 2060:
1857-Alcoholism and Substance Abuse Treatment and Intervention
1858-
1859-
1860-Licenses, and in compliance with other applicable State and
1861-federal laws. The Department-licensed drug treatment program
1862-shall report applicable prescriptions via electronic record
1863-keeping software approved by the Department. This software
1864-must be compatible with the specifications of the Department.
1865-Substance use disorder Drug abuse treatment programs shall
1866-report to the Department methadone prescriptions or
1867-medications dispensed through the use of Department-approved
1868-File Transfer Protocols (FTPs). Methadone prescription records
1869-must be maintained in accordance with the applicable
1870-requirements as set forth by the Department in accordance with
1871-77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse
1872-Treatment and Intervention Licenses, and in compliance with
1873-other applicable State and federal laws.
1874-(e) Nothing in this Act shall be construed to limit the
1875-authority of a hospital pursuant to Section 65-45 of the Nurse
1876-Practice Act to grant hospital clinical privileges to an
1877-individual advanced practice registered nurse to select, order
1878-or administer medications, including controlled substances to
1879-provide services within a hospital. Nothing in this Act shall
1880-be construed to limit the authority of an ambulatory surgical
1881-treatment center pursuant to Section 65-45 of the Nurse
1882-Practice Act to grant ambulatory surgical treatment center
1883-clinical privileges to an individual advanced practice
1884-registered nurse to select, order or administer medications,
1885-including controlled substances to provide services within an
1886-
1887-
1888-ambulatory surgical treatment center.
1889-(Source: P.A. 102-608, eff. 8-27-21.)
1890-(720 ILCS 570/318)
1891-Sec. 318. Confidentiality of information.
1892-(a) Information received by the central repository under
1893-Section 316 and former Section 321 is confidential.
1894-(a-1) To ensure the federal Health Insurance Portability
1895-and Accountability Act and confidentiality of substance use
1896-disorder patient records rules that mandate the privacy of an
1897-individual's prescription data reported to the Prescription
1898-Monitoring Program received from a retail dispenser under this
1899-Act, and in order to execute the duties and responsibilities
1900-under Section 316 of this Act and rules for disclosure under
1901-this Section, the Clinical Director of the Prescription
1902-Monitoring Program or his or her designee shall maintain
1903-direct access to all Prescription Monitoring Program data. Any
1904-request for Prescription Monitoring Program data from any
1905-other department or agency must be approved in writing by the
1906-Clinical Director of the Prescription Monitoring Program or
1907-his or her designee unless otherwise permitted by law.
1908-Prescription Monitoring Program data shall only be disclosed
1909-as permitted by law.
1910-(a-2) As an active step to address the current opioid
1911-crisis in this State and to prevent and reduce substance use
1912-disorders addiction resulting from a sports injury or an
1913-
1914-
1915-accident, the Prescription Monitoring Program and the
1916-Department of Public Health shall coordinate a continuous
1917-review of the Prescription Monitoring Program and the
1918-Department of Public Health data to determine if a patient may
1919-be at risk of opioid use disorder addiction. Each patient
1920-discharged from any medical facility with an International
1921-Classification of Disease, 10th edition code related to a
1922-sport or accident injury shall be subject to the data review.
1923-If the discharged patient is dispensed a controlled substance,
1924-the Prescription Monitoring Program shall alert the patient's
1925-prescriber as to the addiction risk of developing a substance
1926-use disorder and urge each to follow the Centers for Disease
1927-Control and Prevention guidelines or his or her respective
1928-profession's treatment guidelines related to the patient's
1929-injury. This subsection (a-2), other than this sentence, is
1930-inoperative on or after January 1, 2024.
1931-(b) The Department must carry out a program to protect the
1932-confidentiality of the information described in subsection
1933-(a). The Department may disclose the information to another
1934-person only under subsection (c), (d), or (f) and may charge a
1935-fee not to exceed the actual cost of furnishing the
1936-information.
1937-(c) The Department may disclose confidential information
1938-described in subsection (a) to any person who is engaged in
1939-receiving, processing, or storing the information.
1940-(d) The Department may release confidential information
1941-
1942-
1943-described in subsection (a) to the following persons:
1944-(1) A governing body that licenses practitioners and
1945-is engaged in an investigation, an adjudication, or a
1946-prosecution of a violation under any State or federal law
1947-that involves a controlled substance.
1948-(2) An investigator for the Consumer Protection
1949-Division of the office of the Attorney General, a
1950-prosecuting attorney, the Attorney General, a deputy
1951-Attorney General, or an investigator from the office of
1952-the Attorney General, who is engaged in any of the
1953-following activities involving controlled substances:
1954-(A) an investigation;
1955-(B) an adjudication; or
1956-(C) a prosecution of a violation under any State
1957-or federal law that involves a controlled substance.
1958-(3) A law enforcement officer who is:
1959-(A) authorized by the Illinois State Police or the
1960-office of a county sheriff or State's Attorney or
1961-municipal police department of Illinois to receive
1962-information of the type requested for the purpose of
1963-investigations involving controlled substances; or
1964-(B) approved by the Department to receive
1965-information of the type requested for the purpose of
1966-investigations involving controlled substances; and
1967-(C) engaged in the investigation or prosecution of
1968-a violation under any State or federal law that
1969-
1970-
1971-involves a controlled substance.
1972-(4) Select representatives of the Department of
1973-Children and Family Services through the indirect online
1974-request process. Access shall be established by an
1975-intergovernmental agreement between the Department of
1976-Children and Family Services and the Department of Human
1977-Services.
1978-(e) Before the Department releases confidential
1979-information under subsection (d), the applicant must
1980-demonstrate in writing to the Department that:
1981-(1) the applicant has reason to believe that a
1982-violation under any State or federal law that involves a
1983-controlled substance has occurred; and
1984-(2) the requested information is reasonably related to
1985-the investigation, adjudication, or prosecution of the
1986-violation described in subdivision (1).
1987-(f) The Department may receive and release prescription
1988-record information under Section 316 and former Section 321
1989-to:
1990-(1) a governing body that licenses practitioners;
1991-(2) an investigator for the Consumer Protection
1992-Division of the office of the Attorney General, a
1993-prosecuting attorney, the Attorney General, a deputy
1994-Attorney General, or an investigator from the office of
1995-the Attorney General;
1996-(3) any Illinois law enforcement officer who is:
1997-
1998-
1999-(A) authorized to receive the type of information
2000-released; and
2001-(B) approved by the Department to receive the type
2002-of information released; or
2003-(4) prescription monitoring entities in other states
2004-per the provisions outlined in subsection (g) and (h)
2005-below;
2006-confidential prescription record information collected under
2007-Sections 316 and 321 (now repealed) that identifies vendors or
2008-practitioners, or both, who are prescribing or dispensing
2009-large quantities of Schedule II, III, IV, or V controlled
2010-substances outside the scope of their practice, pharmacy, or
2011-business, as determined by the Advisory Committee created by
2012-Section 320.
2013-(f-5) In accordance with a confidentiality agreement
2014-entered into with the Department, a medical director, or a
2015-public health administrator and their delegated analysts, of a
2016-county or municipal health department or the Department of
2017-Public Health shall have access to data from the system for any
2018-of the following purposes:
2019-(1) developing education programs or public health
2020-interventions relating to prescribing trends and
2021-controlled substance use; or
2022-(2) conducting analyses and publish reports on
2023-prescribing trends in their respective jurisdictions.
2024-At a minimum, the confidentiality agreement entered into
2025-
2026-
2027-with the Department shall:
2028-(i) prohibit analysis and reports produced under
2029-subparagraph (2) from including information that
2030-identifies, by name, license, or address, any
2031-practitioner, dispenser, ultimate user, or other person
2032-administering a controlled substance; and
2033-(ii) specify the appropriate technical and physical
2034-safeguards that the county or municipal health department
2035-must implement to ensure the privacy and security of data
2036-obtained from the system. The data from the system shall
2037-not be admissible as evidence, nor discoverable in any
2038-action of any kind in any court or before any tribunal,
2039-board, agency, or person. The disclosure of any such
2040-information or data, whether proper or improper, shall not
2041-waive or have any effect upon its confidentiality,
2042-non-discoverability, or non-admissibility.
2043-(g) The information described in subsection (f) may not be
2044-released until it has been reviewed by an employee of the
2045-Department who is licensed as a prescriber or a dispenser and
2046-until that employee has certified that further investigation
2047-is warranted. However, failure to comply with this subsection
2048-(g) does not invalidate the use of any evidence that is
2049-otherwise admissible in a proceeding described in subsection
2050-(h).
2051-(h) An investigator or a law enforcement officer receiving
2052-confidential information under subsection (c), (d), or (f) may
2053-
2054-
2055-disclose the information to a law enforcement officer or an
2056-attorney for the office of the Attorney General for use as
2057-evidence in the following:
2058-(1) A proceeding under any State or federal law that
2059-involves a controlled substance.
2060-(2) A criminal proceeding or a proceeding in juvenile
2061-court that involves a controlled substance.
2062-(i) The Department may compile statistical reports from
2063-the information described in subsection (a). The reports must
2064-not include information that identifies, by name, license or
2065-address, any practitioner, dispenser, ultimate user, or other
2066-person administering a controlled substance.
2067-(j) Based upon federal, initial and maintenance funding, a
2068-prescriber and dispenser inquiry system shall be developed to
2069-assist the health care community in its goal of effective
2070-clinical practice and to prevent patients from diverting or
2071-abusing medications.
2072-(1) An inquirer shall have read-only access to a
2073-stand-alone database which shall contain records for the
2074-previous 12 months.
2075-(2) Dispensers may, upon positive and secure
2076-identification, make an inquiry on a patient or customer
2077-solely for a medical purpose as delineated within the
2078-federal HIPAA law.
2079-(3) The Department shall provide a one-to-one secure
2080-link and encrypted software necessary to establish the
2081-
2082-
2083-link between an inquirer and the Department. Technical
2084-assistance shall also be provided.
2085-(4) Written inquiries are acceptable but must include
2086-the fee and the requester's Drug Enforcement
2087-Administration license number and submitted upon the
2088-requester's business stationery.
2089-(5) As directed by the Prescription Monitoring Program
2090-Advisory Committee and the Clinical Director for the
2091-Prescription Monitoring Program, aggregate data that does
2092-not indicate any prescriber, practitioner, dispenser, or
2093-patient may be used for clinical studies.
2094-(6) Tracking analysis shall be established and used
2095-per administrative rule.
2096-(7) Nothing in this Act or Illinois law shall be
2097-construed to require a prescriber or dispenser to make use
2098-of this inquiry system.
2099-(8) If there is an adverse outcome because of a
2100-prescriber or dispenser making an inquiry, which is
2101-initiated in good faith, the prescriber or dispenser shall
2102-be held harmless from any civil liability.
2103-(k) The Department shall establish, by rule, the process
2104-by which to evaluate possible erroneous association of
2105-prescriptions to any licensed prescriber or end user of the
2106-Illinois Prescription Information Library (PIL).
2107-(l) The Prescription Monitoring Program Advisory Committee
2108-is authorized to evaluate the need for and method of
2109-
2110-
2111-establishing a patient specific identifier.
2112-(m) Patients who identify prescriptions attributed to them
2113-that were not obtained by them shall be given access to their
2114-personal prescription history pursuant to the validation
2115-process as set forth by administrative rule.
2116-(n) The Prescription Monitoring Program is authorized to
2117-develop operational push reports to entities with compatible
2118-electronic medical records. The process shall be covered
2119-within administrative rule established by the Department.
2120-(o) Hospital emergency departments and freestanding
2121-healthcare facilities providing healthcare to walk-in patients
2122-may obtain, for the purpose of improving patient care, a
2123-unique identifier for each shift to utilize the PIL system.
2124-(p) The Prescription Monitoring Program shall
2125-automatically create a log-in to the inquiry system when a
2126-prescriber or dispenser obtains or renews his or her
2127-controlled substance license. The Department of Financial and
2128-Professional Regulation must provide the Prescription
2129-Monitoring Program with electronic access to the license
2130-information of a prescriber or dispenser to facilitate the
2131-creation of this profile. The Prescription Monitoring Program
2132-shall send the prescriber or dispenser information regarding
2133-the inquiry system, including instructions on how to log into
2134-the system, instructions on how to use the system to promote
2135-effective clinical practice, and opportunities for continuing
2136-education for the prescribing of controlled substances. The
2137-
2138-
2139-Prescription Monitoring Program shall also send to all
2140-enrolled prescribers, dispensers, and designees information
2141-regarding the unsolicited reports produced pursuant to Section
2142-314.5 of this Act.
2143-(q) A prescriber or dispenser may authorize a designee to
2144-consult the inquiry system established by the Department under
2145-this subsection on his or her behalf, provided that all the
2146-following conditions are met:
2147-(1) the designee so authorized is employed by the same
2148-hospital or health care system; is employed by the same
2149-professional practice; or is under contract with such
2150-practice, hospital, or health care system;
2151-(2) the prescriber or dispenser takes reasonable steps
2152-to ensure that such designee is sufficiently competent in
2153-the use of the inquiry system;
2154-(3) the prescriber or dispenser remains responsible
2155-for ensuring that access to the inquiry system by the
2156-designee is limited to authorized purposes and occurs in a
2157-manner that protects the confidentiality of the
2158-information obtained from the inquiry system, and remains
2159-responsible for any breach of confidentiality; and
2160-(4) the ultimate decision as to whether or not to
2161-prescribe or dispense a controlled substance remains with
2162-the prescriber or dispenser.
2163-The Prescription Monitoring Program shall send to
2164-registered designees information regarding the inquiry system,
2165-
2166-
2167-including instructions on how to log onto the system.
2168-(r) The Prescription Monitoring Program shall maintain an
2169-Internet website in conjunction with its prescriber and
2170-dispenser inquiry system. This website shall include, at a
2171-minimum, the following information:
2172-(1) current clinical guidelines developed by health
2173-care professional organizations on the prescribing of
2174-opioids or other controlled substances as determined by
2175-the Advisory Committee;
2176-(2) accredited continuing education programs related
2177-to prescribing of controlled substances;
2178-(3) programs or information developed by health care
2179-professionals that may be used to assess patients or help
2180-ensure compliance with prescriptions;
2181-(4) updates from the Food and Drug Administration, the
2182-Centers for Disease Control and Prevention, and other
2183-public and private organizations which are relevant to
2184-prescribing;
2185-(5) relevant medical studies related to prescribing;
2186-(6) other information regarding the prescription of
2187-controlled substances; and
2188-(7) information regarding prescription drug disposal
2189-events, including take-back programs or other disposal
2190-options or events.
2191-The content of the Internet website shall be periodically
2192-reviewed by the Prescription Monitoring Program Advisory
2193-
2194-
2195-Committee as set forth in Section 320 and updated in
2196-accordance with the recommendation of the advisory committee.
2197-(s) The Prescription Monitoring Program shall regularly
2198-send electronic updates to the registered users of the
2199-Program. The Prescription Monitoring Program Advisory
2200-Committee shall review any communications sent to registered
2201-users and also make recommendations for communications as set
2202-forth in Section 320. These updates shall include the
2203-following information:
2204-(1) opportunities for accredited continuing education
2205-programs related to prescribing of controlled substances;
2206-(2) current clinical guidelines developed by health
2207-care professional organizations on the prescribing of
2208-opioids or other drugs as determined by the Advisory
2209-Committee;
2210-(3) programs or information developed by health care
2211-professionals that may be used to assess patients or help
2212-ensure compliance with prescriptions;
2213-(4) updates from the Food and Drug Administration, the
2214-Centers for Disease Control and Prevention, and other
2215-public and private organizations which are relevant to
2216-prescribing;
2217-(5) relevant medical studies related to prescribing;
2218-(6) other information regarding prescribing of
2219-controlled substances;
2220-(7) information regarding prescription drug disposal
2221-
2222-
2223-events, including take-back programs or other disposal
2224-options or events; and
2225-(8) reminders that the Prescription Monitoring Program
2226-is a useful clinical tool.
2227-(t) Notwithstanding any other provision of this Act,
2228-neither the Prescription Monitoring Program nor any other
2229-person shall disclose any information in violation of the
2230-restrictions and requirements of paragraph (3.5) of subsection
2231-(a) of Section 316 as implemented under Public Act 102-527.
2232-(Source: P.A. 102-751, eff. 1-1-23.)
2233-(720 ILCS 570/320)
2234-Sec. 320. Advisory committee.
2235-(a) There is created a Prescription Monitoring Program
2236-Advisory Committee to assist the Department of Human Services
2237-and Department of Public Health in implementing the
2238-Prescription Monitoring Program created by this Article and to
2239-advise the Department on the professional performance of
2240-prescribers and dispensers and other matters germane to the
2241-advisory committee's field of competence.
2242-(b) The Prescription Monitoring Program Advisory Committee
2243-shall consist of 15 members appointed by the Clinical Director
2244-of the Prescription Monitoring Program composed of prescribers
2245-and dispensers licensed to practice medicine in his or her
2246-respective profession as follows: one family or primary care
2247-physician; one pain specialist physician; 4 other physicians,
2248-
2249-
2250-one of whom may be an ophthalmologist; 2 advanced practice
2251-registered nurses; one physician assistant; one optometrist;
2252-one dentist; one clinical representative from a statewide
2253-organization representing hospitals; and 3 pharmacists. The
2254-Advisory Committee members serving on August 26, 2018 (the
2255-effective date of Public Act 100-1093) shall continue to serve
2256-until January 1, 2019. Prescriber and dispenser nominations
2257-for membership on the Committee shall be submitted by their
2258-respective professional associations. If there are more
2259-nominees than membership positions for a prescriber or
2260-dispenser category, as provided in this subsection (b), the
2261-Clinical Director of the Prescription Monitoring Program shall
2262-appoint a member or members for each profession as provided in
2263-this subsection (b), from the nominations to serve on the
2264-advisory committee. At the first meeting of the Committee in
2265-2019 members shall draw lots for initial terms and 6 members
2266-shall serve 3 years, 5 members shall serve 2 years, and 5
2267-members shall serve one year. Thereafter, members shall serve
2268-3-year terms. Members may serve more than one term but no more
2269-than 3 terms. The Clinical Director of the Prescription
2270-Monitoring Program may appoint a representative of an
2271-organization representing a profession required to be
2272-appointed. The Clinical Director of the Prescription
2273-Monitoring Program shall serve as the Secretary of the
2274-committee.
2275-(c) The advisory committee may appoint a chairperson and
2276-
2277-
2278-other officers as it deems appropriate.
2279-(d) The members of the advisory committee shall receive no
2280-compensation for their services as members of the advisory
2281-committee, unless appropriated by the General Assembly, but
2282-may be reimbursed for their actual expenses incurred in
2283-serving on the advisory committee.
2284-(e) The advisory committee shall:
2285-(1) provide a uniform approach to reviewing this Act
2286-in order to determine whether changes should be
2287-recommended to the General Assembly;
2288-(2) review current drug schedules in order to manage
2289-changes to the administrative rules pertaining to the
2290-utilization of this Act;
2291-(3) review the following: current clinical guidelines
2292-developed by health care professional organizations on the
2293-prescribing of opioids or other controlled substances;
2294-accredited continuing education programs related to
2295-prescribing and dispensing; programs or information
2296-developed by health care professional organizations that
2297-may be used to assess patients or help ensure compliance
2298-with prescriptions; updates from the Food and Drug
2299-Administration, the Centers for Disease Control and
2300-Prevention, and other public and private organizations
2301-which are relevant to prescribing and dispensing; relevant
2302-medical studies; and other publications which involve the
2303-prescription of controlled substances;
2304-
2305-
2306-(4) make recommendations for inclusion of these
2307-materials or other studies which may be effective
2308-resources for prescribers and dispensers on the Internet
2309-website of the inquiry system established under Section
2310-318;
2311-(5) semi-annually review the content of the Internet
2312-website of the inquiry system established pursuant to
2313-Section 318 to ensure this Internet website has the most
2314-current available information;
2315-(6) semi-annually review opportunities for federal
2316-grants and other forms of funding to support projects
2317-which will increase the number of pilot programs which
2318-integrate the inquiry system with electronic health
2319-records; and
2320-(7) semi-annually review communication to be sent to
2321-all registered users of the inquiry system established
2322-pursuant to Section 318, including recommendations for
2323-relevant accredited continuing education and information
2324-regarding prescribing and dispensing.
2325-(f) The Advisory Committee shall select from its members
2326-10 members of the Peer Review Committee composed of:
2327-(1) 3 physicians;
2328-(2) 3 pharmacists;
2329-(3) one dentist;
2330-(4) one advanced practice registered nurse;
2331-(4.5) (blank);
2332-
2333-
2334-(5) one physician assistant; and
2335-(6) one optometrist.
2336-The purpose of the Peer Review Committee is to establish a
2337-formal peer review of professional performance of prescribers
2338-and dispensers. The deliberations, information, and
2339-communications of the Peer Review Committee are privileged and
2340-confidential and shall not be disclosed in any manner except
2341-in accordance with current law.
2342-(1) The Peer Review Committee shall periodically
2343-review the data contained within the prescription
2344-monitoring program to identify those prescribers or
2345-dispensers who may be prescribing or dispensing outside
2346-the currently accepted standard and practice of their
2347-profession. The Peer Review Committee member, whose
2348-profession is the same as the prescriber or dispenser
2349-being reviewed, shall prepare a preliminary report and
2350-recommendation for any non-action or action. The
2351-Prescription Monitoring Program Clinical Director and
2352-staff shall provide the necessary assistance and data as
2353-required.
2354-(2) The Peer Review Committee may identify prescribers
2355-or dispensers who may be prescribing outside the currently
2356-accepted medical standards in the course of their
2357-professional practice and send the identified prescriber
2358-or dispenser a request for information regarding their
2359-prescribing or dispensing practices. This request for
2360-
2361-
2362-information shall be sent via certified mail, return
2363-receipt requested. A prescriber or dispenser shall have 30
2364-days to respond to the request for information.
2365-(3) The Peer Review Committee shall refer a prescriber
2366-or a dispenser to the Department of Financial and
2367-Professional Regulation in the following situations:
2368-(i) if a prescriber or dispenser does not respond
2369-to three successive requests for information;
2370-(ii) in the opinion of a majority of members of the
2371-Peer Review Committee, the prescriber or dispenser
2372-does not have a satisfactory explanation for the
2373-practices identified by the Peer Review Committee in
2374-its request for information; or
2375-(iii) following communications with the Peer
2376-Review Committee, the prescriber or dispenser does not
2377-sufficiently rectify the practices identified in the
2378-request for information in the opinion of a majority
2379-of the members of the Peer Review Committee.
2380-(4) The Department of Financial and Professional
2381-Regulation may initiate an investigation and discipline in
2382-accordance with current laws and rules for any prescriber
2383-or dispenser referred by the Peer Review Committee.
2384-(5) The Peer Review Committee shall prepare an annual
2385-report starting on July 1, 2017. This report shall contain
2386-the following information: the number of times the Peer
2387-Review Committee was convened; the number of prescribers
2388-
2389-
2390-or dispensers who were reviewed by the Peer Review
2391-Committee; the number of requests for information sent out
2392-by the Peer Review Committee; and the number of
2393-prescribers or dispensers referred to the Department of
2394-Financial and Professional Regulation. The annual report
2395-shall be delivered electronically to the Department and to
2396-the General Assembly. The report to the General Assembly
2397-shall be filed with the Clerk of the House of
2398-Representatives and the Secretary of the Senate in
2399-electronic form only, in the manner that the Clerk and the
2400-Secretary shall direct. The report prepared by the Peer
2401-Review Committee shall not identify any prescriber,
2402-dispenser, or patient.
2403-(Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18;
2404-100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff.
2405-8-16-19.)
2406-(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
2407-Sec. 410. (a) Whenever any person who has not previously
2408-been convicted of any felony offense under this Act or any law
2409-of the United States or of any State relating to cannabis or
2410-controlled substances, pleads guilty to or is found guilty of
2411-possession of a controlled or counterfeit substance under
2412-subsection (c) of Section 402 or of unauthorized possession of
2413-prescription form under Section 406.2, the court, without
2414-entering a judgment and with the consent of such person, may
2415-
2416-
2417-sentence him or her to probation.
2418-(b) When a person is placed on probation, the court shall
2419-enter an order specifying a period of probation of 24 months
2420-and shall defer further proceedings in the case until the
2421-conclusion of the period or until the filing of a petition
2422-alleging violation of a term or condition of probation.
2423-(c) The conditions of probation shall be that the person:
2424-(1) not violate any criminal statute of any jurisdiction; (2)
2425-refrain from possessing a firearm or other dangerous weapon;
2426-(3) submit to periodic drug testing at a time and in a manner
2427-as ordered by the court, but no less than 3 times during the
2428-period of the probation, with the cost of the testing to be
2429-paid by the probationer; and (4) perform no less than 30 hours
2430-of community service, provided community service is available
2431-in the jurisdiction and is funded and approved by the county
2432-board. The court may give credit toward the fulfillment of
2433-community service hours for participation in activities and
2434-treatment as determined by court services.
2435-(d) The court may, in addition to other conditions,
2436-require that the person:
2437-(1) make a report to and appear in person before or
2438-participate with the court or such courts, person, or
2439-social service agency as directed by the court in the
2440-order of probation;
2441-(2) pay a fine and costs;
2442-(3) work or pursue a course of study or vocational
2443-
2444-
2445-training;
2446-(4) undergo medical or psychiatric treatment; or
2447-treatment or rehabilitation approved by the Illinois
2448-Department of Human Services;
2449-(5) attend or reside in a facility established for the
2450-instruction or residence of defendants on probation;
2451-(6) support his or her dependents;
2452-(6-5) refrain from having in his or her body the
2453-presence of any illicit drug prohibited by the Cannabis
2454-Control Act, the Illinois Controlled Substances Act, or
2455-the Methamphetamine Control and Community Protection Act,
2456-unless prescribed by a physician, and submit samples of
2457-his or her blood or urine or both for tests to determine
2458-the presence of any illicit drug;
2459-(7) and in addition, if a minor:
2460-(i) reside with his or her parents or in a foster
2461-home;
2462-(ii) attend school;
2463-(iii) attend a non-residential program for youth;
2464-(iv) contribute to his or her own support at home
2465-or in a foster home.
2466-(e) Upon violation of a term or condition of probation,
2467-the court may enter a judgment on its original finding of guilt
2468-and proceed as otherwise provided.
2469-(f) Upon fulfillment of the terms and conditions of
2470-probation, the court shall discharge the person and dismiss
2471-
2472-
2473-the proceedings against him or her.
2474-(g) A disposition of probation is considered to be a
2475-conviction for the purposes of imposing the conditions of
2476-probation and for appeal, however, discharge and dismissal
2477-under this Section is not a conviction for purposes of this Act
2478-or for purposes of disqualifications or disabilities imposed
2479-by law upon conviction of a crime.
2480-(h) A person may not have more than one discharge and
2481-dismissal under this Section within a 4-year period.
2482-(i) If a person is convicted of an offense under this Act,
2483-the Cannabis Control Act, or the Methamphetamine Control and
2484-Community Protection Act within 5 years subsequent to a
2485-discharge and dismissal under this Section, the discharge and
2486-dismissal under this Section shall be admissible in the
2487-sentencing proceeding for that conviction as evidence in
2488-aggravation.
2489-(j) Notwithstanding subsection (a), before a person is
2490-sentenced to probation under this Section, the court may refer
2491-the person to the drug court established in that judicial
2492-circuit pursuant to Section 15 of the Drug Court Treatment
2493-Act. The drug court team shall evaluate the person's
2494-likelihood of successfully completing a sentence of probation
2495-under this Section and shall report the results of its
2496-evaluation to the court. If the drug court team finds that the
2497-person suffers from a substance use disorder abuse problem
2498-that makes him or her substantially unlikely to successfully
2499-
2500-
2501-complete a sentence of probation under this Section, then the
2502-drug court shall set forth its findings in the form of a
2503-written order, and the person shall not be sentenced to
2504-probation under this Section, but shall be considered for the
2505-drug court program.
2506-(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
2507-100-575, eff. 1-8-18.)
2508-(720 ILCS 570/411.2)
2509-Sec. 411.2. Drug Treatment Fund; drug treatment grants.
2510-(a) (Blank).
2511-(b) (Blank).
2512-(c) (Blank).
2513-(d) (Blank).
2514-(e) (Blank).
2515-(f) (Blank).
2516-(g) (Blank).
2517-(h) The Drug Treatment Fund is hereby established as a
2518-special fund within the State Treasury. The Department of
2519-Human Services may make grants to persons licensed under
2520-Section 15-10 of the Substance Use Disorder Act or to
2521-municipalities or counties from funds appropriated to the
2522-Department from the Drug Treatment Fund for the treatment of
2523-pregnant women who have a substance use disorder are addicted
2524-to alcohol, cannabis, or controlled substances and for the
2525-needed care of minor, unemancipated children of women
2526-
2527-
2528-undergoing residential drug treatment. If the Department of
2529-Human Services grants funds to a municipality or a county that
2530-the Department determines is not experiencing a healthcare
2531-need of problem with pregnant women with a substance use
2532-disorder addicted to alcohol, cannabis, or controlled
2533-substances, or with care for minor, unemancipated children of
2534-women undergoing residential drug treatment, or intervention,
2535-the funds shall be used for the treatment of any person with a
2536-substance use disorder addicted to alcohol, cannabis, or
2537-controlled substances. The Department may adopt such rules as
2538-it deems appropriate for the administration of such grants.
2539-(i) (Blank).
2540-(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19;
2541-101-81, eff. 7-12-19.)
2542-(720 ILCS 570/413) (from Ch. 56 1/2, par. 1413)
2543-Sec. 413. (a) Twelve and one-half percent of all amounts
2544-collected as fines pursuant to the provisions of this Article
2545-shall be paid into the Youth Drug Abuse Prevention Fund, which
2546-is hereby created in the State treasury, to be used by the
2547-Department for the funding of programs and services for
2548-substance use disorder drug-abuse treatment, and prevention
2549-and education services, for juveniles.
2550-(b) Eighty-seven and one-half percent of the proceeds of
2551-all fines received under the provisions of this Article shall
2552-be transmitted to and deposited in the treasurer's office at
2553-
2554-
2555-the level of government as follows:
2556-(1) If such seizure was made by a combination of law
2557-enforcement personnel representing differing units of
2558-local government, the court levying the fine shall
2559-equitably allocate 50% of the fine among these units of
2560-local government and shall allocate 37 1/2% to the county
2561-general corporate fund. In the event that the seizure was
2562-made by law enforcement personnel representing a unit of
2563-local government from a municipality where the number of
2564-inhabitants exceeds 2 million in population, the court
2565-levying the fine shall allocate 87 1/2% of the fine to that
2566-unit of local government. If the seizure was made by a
2567-combination of law enforcement personnel representing
2568-differing units of local government, and at least one of
2569-those units represents a municipality where the number of
2570-inhabitants exceeds 2 million in population, the court
2571-shall equitably allocate 87 1/2% of the proceeds of the
2572-fines received among the differing units of local
2573-government.
2574-(2) If such seizure was made by State law enforcement
2575-personnel, then the court shall allocate 37 1/2% to the
2576-State treasury and 50% to the county general corporate
2577-fund.
2578-(3) If a State law enforcement agency in combination
2579-with a law enforcement agency or agencies of a unit or
2580-units of local government conducted the seizure, the court
2581-
2582-
2583-shall equitably allocate 37 1/2% of the fines to or among
2584-the law enforcement agency or agencies of the unit or
2585-units of local government which conducted the seizure and
2586-shall allocate 50% to the county general corporate fund.
2587-(c) The proceeds of all fines allocated to the law
2588-enforcement agency or agencies of the unit or units of local
2589-government pursuant to subsection (b) shall be made available
2590-to that law enforcement agency as expendable receipts for use
2591-in the enforcement of laws regulating cannabis,
2592-methamphetamine, and other controlled substances. The proceeds
2593-of fines awarded to the State treasury shall be deposited in a
2594-special fund known as the Drug Traffic Prevention Fund, except
2595-that amounts distributed to the Secretary of State shall be
2596-deposited into the Secretary of State Evidence Fund to be used
2597-as provided in Section 2-115 of the Illinois Vehicle Code.
2598-Monies from this fund may be used by the Illinois State Police
2599-or use in the enforcement of laws regulating cannabis,
2600-methamphetamine, and other controlled substances; to satisfy
2601-funding provisions of the Intergovernmental Drug Laws
2602-Enforcement Act; to defray costs and expenses associated with
2603-returning violators of the Cannabis Control Act and this Act
2604-only, as provided in those Acts, when punishment of the crime
2605-shall be confinement of the criminal in the penitentiary; and
2606-all other monies shall be paid into the general revenue fund in
2607-the State treasury.
2608-(Source: P.A. 97-334, eff. 1-1-12.)
2609-
2610-
2611-(720 ILCS 570/504) (from Ch. 56 1/2, par. 1504)
2612-Sec. 504. (a) The Director and the Secretary of the
2613-Department of Financial and Professional Regulation shall each
2614-cooperate with Federal agencies and other State agencies in
2615-discharging his or her responsibilities concerning traffic in
2616-controlled substances and in suppressing the misuse and abuse
2617-of controlled substances. To this end he or she may:
2618-(1) arrange for the exchange of information among
2619-governmental officials concerning the use and misuse ,
2620-misuse and abuse of controlled substances;
2621-(2) coordinate and cooperate in training programs
2622-concerning controlled substance law enforcement at local
2623-and State levels;
2624-(3) cooperate with the federal Drug Enforcement
2625-Administration or its successor agency; and
2626-(4) conduct programs of eradication aimed at
2627-destroying wild illicit growth of plant species from which
2628-controlled substances may be extracted.
2629-(b) Results, information, and evidence received from the
2630-Drug Enforcement Administration relating to the regulatory
2631-functions of this Act, including results of inspections
2632-conducted by it may be relied and acted upon by the Director
2633-and the Secretary of the Department of Financial and
2634-Professional Regulation in the exercise of their regulatory
2635-functions under this Act.
2636-
2637-
2638-(Source: P.A. 97-334, eff. 1-1-12.)
2639-(720 ILCS 570/508) (from Ch. 56 1/2, par. 1508)
2640-Sec. 508. (a) The Department shall encourage research on
2641-controlled substances. In connection with the research, and in
2642-furtherance of the purposes of this Act, the Department may:
2643-(1) establish methods to assess accurately the effect
2644-of controlled substances and identify and characterize
2645-those with potential for misuse abuse;
2646-(2) make studies and undertake programs of research
2647-to:
2648-(i) develop new or improved approaches,
2649-techniques, systems, equipment and devices to
2650-strengthen the enforcement of this Act;
2651-(ii) determine patterns of use and misuse , misuse,
2652-and abuse of controlled substances and their social
2653-effects; and
2654-(iii) improve methods for preventing, predicting,
2655-understanding, and dealing with the use and misuse ,
2656-misuse and abuse of controlled substances; and
2657-(3) enter into contracts with public agencies,
2658-educational institutions, and private organizations or
2659-individuals for the purpose of conducting research,
2660-demonstrations, or special projects which relate to the
2661-use and misuse , misuse and abuse of controlled substances.
2662-(b) Persons authorized to engage in research may be
2663-
2664-
2665-authorized by the Department to protect the privacy of
2666-individuals who are the subjects of such research by
2667-withholding from all persons not connected with the conduct of
2668-the research the names and other identifying characteristics
2669-of such individuals. Persons who are given this authorization
2670-shall not be compelled in any civil, criminal, administrative,
2671-legislative or other proceeding to identify the individuals
2672-who are the subjects of research for which the authorization
2673-was granted, except to the extent necessary to permit the
2674-Department to determine whether the research is being
2675-conducted in accordance with the authorization.
2676-(c) The Department may authorize the possession and
2677-dispensing of controlled substances by persons engaged in
2678-research, upon such terms and conditions as may be consistent
2679-with the public health and safety. The Department may also
2680-approve research and treatment programs involving the
2681-administration of Methadone. The use of Methadone, or any
2682-similar controlled substance by any person is prohibited in
2683-this State except as approved and authorized by the Department
2684-in accordance with its rules and regulations. To the extent of
2685-the applicable authorization, persons are exempt from
2686-prosecution in this State for possession, manufacture or
2687-delivery of controlled substances.
2688-(d) Practitioners registered under Federal law to conduct
2689-research with Schedule I substances may conduct research with
2690-Schedule I substances within this State upon furnishing
2691-
2692-
2693-evidence of that Federal registration and notification of the
2694-scope and purpose of such research to the Department.
2695-(Source: P.A. 96-328, eff. 8-11-09.)
2696-(720 ILCS 570/509) (from Ch. 56 1/2, par. 1509)
2697-Sec. 509. Whenever any court in this State grants
2698-probation to any person that the court has reason to believe is
2699-or has a substance use disorder been an addict or unlawful
2700-possessor of controlled substances, the court shall require,
2701-as a condition of probation, that the probationer submit to
2702-periodic tests by the Department of Corrections to determine
2703-by means of appropriate chemical detection tests whether the
2704-probationer is using controlled substances. The court may
2705-require as a condition of probation that the probationer enter
2706-an approved treatment program, if the court determines that
2707-the probationer has a substance use disorder of is addicted to
2708-a controlled substance. Whenever the Prisoner Review Board
2709-grants parole or the Department of Juvenile Justice grants
2710-aftercare release to a person believed to have been an
2711-unlawful possessor or person with a substance use disorder
2712-addict of controlled substances, the Board or Department shall
2713-require as a condition of parole or aftercare release that the
2714-parolee or aftercare releasee submit to appropriate periodic
2715-chemical tests by the Department of Corrections or the
2716-Department of Juvenile Justice to determine whether the
2717-parolee or aftercare releasee is using controlled substances.
2718-
2719-
2720-(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
32+SB0647 Enrolled- 2 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 2 - LRB103 03100 RJT 48106 b
33+ SB0647 Enrolled - 2 - LRB103 03100 RJT 48106 b
34+1 The Governor Samuel H. Shapiro Developmental Center,
35+2 at Kankakee
36+3 The Tinley Park Mental Health Center, at Tinley Park
37+4 The Warren G. Murray Developmental Center, at
38+5 Centralia
39+6 The Jack Mabley Developmental Center, at Dixon
40+7 The Lincoln Developmental Center, at Lincoln
41+8 The H. Douglas Singer Mental Health and Developmental
42+9 Center, at Rockford
43+10 The John J. Madden Mental Health Center, at Chicago
44+11 The George A. Zeller Mental Health Center, at Peoria
45+12 The Elizabeth Parsons Ware Packard Andrew McFarland
46+13 Mental Health Center, at Springfield
47+14 The Adolf Meyer Mental Health Center, at Decatur
48+15 The William W. Fox Developmental Center, at Dwight
49+16 The Elisabeth Ludeman Developmental Center, at Park
50+17 Forest
51+18 The William A. Howe Developmental Center, at Tinley
52+19 Park
53+20 The Ann M. Kiley Developmental Center, at Waukegan.
54+21 (b) Beginning not later than July 1, 1977, the Department
55+22 shall cause each of the facilities under its jurisdiction
56+23 which provide in-patient care to comply with standards, rules
57+24 and regulations of the Department of Public Health prescribed
58+25 under Section 6.05 of the Hospital Licensing Act.
59+26 (b-5) The Department shall cause each of the facilities
60+
61+
62+
63+
64+
65+ SB0647 Enrolled - 2 - LRB103 03100 RJT 48106 b
66+
67+
68+SB0647 Enrolled- 3 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 3 - LRB103 03100 RJT 48106 b
69+ SB0647 Enrolled - 3 - LRB103 03100 RJT 48106 b
70+1 under its jurisdiction that provide in-patient care to comply
71+2 with Section 6.25 of the Hospital Licensing Act.
72+3 (c) The Department shall issue quarterly electronic
73+4 reports to the General Assembly on admissions, deflections,
74+5 discharges, bed closures, staff-resident ratios, census,
75+6 average length of stay, and any adverse federal certification
76+7 or accreditation findings, if any, for each State-operated
77+8 facility for the mentally ill and for persons with
78+9 developmental disabilities. The quarterly reports shall be
79+10 issued by January 1, April 1, July 1, and October 1 of each
80+11 year. The quarterly reports shall include the following
81+12 information for each facility reflecting the period ending 15
82+13 days prior to the submission of the report:
83+14 (1) the number of employees;
84+15 (2) the number of workplace violence incidents that
85+16 occurred, including the number that were a direct assault
86+17 on employees by residents and the number that resulted
87+18 from staff intervention in a resident altercation or other
88+19 form of injurious behavior;
89+20 (3) the number of employees impacted in each incident;
90+21 and
91+22 (4) the number of employee injuries resulting,
92+23 descriptions of the nature of the injuries, the number of
93+24 employee injuries requiring medical treatment at the
94+25 facility, the number of employee injuries requiring
95+26 outside medical treatment, and the number of days off work
96+
97+
98+
99+
100+
101+ SB0647 Enrolled - 3 - LRB103 03100 RJT 48106 b
102+
103+
104+SB0647 Enrolled- 4 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 4 - LRB103 03100 RJT 48106 b
105+ SB0647 Enrolled - 4 - LRB103 03100 RJT 48106 b
106+1 per injury.
107+2 (d) The requirements in subsection (c) do not relieve the
108+3 Department from the recordkeeping requirements of the
109+4 Occupational Safety and Health Act.
110+5 (e) The Department shall:
111+6 (1) establish a reasonable procedure for employees to
112+7 report work-related assaults and injuries. A procedure is
113+8 not reasonable if it would deter or discourage a
114+9 reasonable employee from accurately reporting a workplace
115+10 assault or injury;
116+11 (2) inform each employee:
117+12 (A) of the procedure for reporting work-related
118+13 assaults and injuries;
119+14 (B) of the right to report work-related assaults
120+15 and injuries; and
121+16 (C) that the Department is prohibited from
122+17 discharging or in any manner discriminating against
123+18 employees for reporting work-related assaults and
124+19 injuries; and
125+20 (3) not discharge, discipline, or in any manner
126+21 discriminate against any employee for reporting a
127+22 work-related assault or injury.
128+23 (Source: P.A. 99-143, eff. 7-27-15; 100-1075, eff. 1-1-19.)
129+24 (405 ILCS 95/Act rep.)
130+25 Section 10. The Perinatal Mental Health Disorders
131+
132+
133+
134+
135+
136+ SB0647 Enrolled - 4 - LRB103 03100 RJT 48106 b
137+
138+
139+SB0647 Enrolled- 5 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 5 - LRB103 03100 RJT 48106 b
140+ SB0647 Enrolled - 5 - LRB103 03100 RJT 48106 b
141+1 Prevention and Treatment Act is repealed.
142+2 Section 15. The Maternal Mental Health Conditions
143+3 Education, Early Diagnosis, and Treatment Act is amended by
144+4 changing Sections 5, 10, and 15 and by adding Sections 9 and 14
145+5 as follows:
146+6 (405 ILCS 120/5)
147+7 Sec. 5. Findings. The General Assembly finds the
148+8 following:
149+9 (1) Maternal depression is a common complication of
150+10 pregnancy. Maternal mental health disorders encompass a
151+11 range of mental health conditions, such as depression,
152+12 anxiety, and postpartum psychosis.
153+13 (2) Maternal mental health conditions affect one in 5
154+14 women during or after pregnancy, but all women are at risk
155+15 of suffering from maternal mental health conditions.
156+16 (3) Untreated maternal mental health conditions
157+17 significantly and negatively impact the short-term and
158+18 long-term health and well-being of affected women and
159+19 their children.
160+20 (4) Untreated maternal mental health conditions cause
161+21 adverse birth outcomes, impaired maternal-infant bonding,
162+22 poor infant growth, childhood emotional and behavioral
163+23 problems, and significant medical and economic costs,
164+24 estimated to be $22,500 per mother.
165+
166+
167+
168+
169+
170+ SB0647 Enrolled - 5 - LRB103 03100 RJT 48106 b
171+
172+
173+SB0647 Enrolled- 6 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 6 - LRB103 03100 RJT 48106 b
174+ SB0647 Enrolled - 6 - LRB103 03100 RJT 48106 b
175+1 (5) Lack of understanding and social stigma of mental
176+2 health conditions prevent women and families from
177+3 understanding the signs, symptoms, and risks involved with
178+4 maternal mental health conditions and disproportionately
179+5 affect women who lack access to social support networks.
180+6 (6) It is the intent of the General Assembly to raise
181+7 awareness of the risk factors, signs, symptoms, and
182+8 treatment options for maternal mental health conditions
183+9 among pregnant women and their families, the general
184+10 public, primary health care providers, and health care
185+11 providers who care for pregnant women, postpartum women,
186+12 and newborn infants.
187+13 (Source: P.A. 101-512, eff. 1-1-20.)
188+14 (405 ILCS 120/9 new)
189+15 Sec. 9. Intent. It is the intent of the General Assembly:
190+16 (1) to raise awareness of the risk factors, signs,
191+17 symptoms, and treatment options for maternal mental health
192+18 conditions among pregnant women and their families, the
193+19 general public, primary care providers, and health care
194+20 providers who care for pregnant women, postpartum women,
195+21 and newborn infants;
196+22 (2) to provide information to women and their families
197+23 about maternal mental health conditions in order to lower
198+24 the likelihood that new mothers will continue to suffer
199+25 from this illness in silence;
200+
201+
202+
203+
204+
205+ SB0647 Enrolled - 6 - LRB103 03100 RJT 48106 b
206+
207+
208+SB0647 Enrolled- 7 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 7 - LRB103 03100 RJT 48106 b
209+ SB0647 Enrolled - 7 - LRB103 03100 RJT 48106 b
210+1 (3) to develop procedures for assessing women for
211+2 maternal mental health conditions during prenatal and
212+3 postnatal visits to licensed health care professionals;
213+4 and
214+5 (4) to promote early detection of maternal mental
215+6 health conditions to promote early care and treatment and,
216+7 when medically appropriate, to avoid medication.
217+8 (405 ILCS 120/10)
218+9 Sec. 10. Definitions. In this Act:
219+10 "Birthing hospital" means a hospital that has an approved
220+11 obstetric category of service and licensed beds by the Health
221+12 Facilities and Services Review Board.
222+13 "Department" means the Department of Human Services.
223+14 "Licensed health care professional" means a physician
224+15 licensed to practice medicine in all its branches, a licensed
225+16 advanced practice registered nurse, or a licensed physician
226+17 assistant.
227+18 "Maternal mental health condition" means a mental health
228+19 condition that occurs during pregnancy or during the
229+20 postpartum period and includes, but is not limited to,
230+21 postpartum depression.
231+22 "Postnatal care" means an office visit to a licensed
232+23 health care professional occurring within 12 months after
233+24 birth, with reference to the infant or mother.
234+25 "Prenatal care" means an office visit to a licensed health
235+
236+
237+
238+
239+
240+ SB0647 Enrolled - 7 - LRB103 03100 RJT 48106 b
241+
242+
243+SB0647 Enrolled- 8 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 8 - LRB103 03100 RJT 48106 b
244+ SB0647 Enrolled - 8 - LRB103 03100 RJT 48106 b
245+1 care professional for pregnancy-related care occurring before
246+2 the birth.
247+3 "Questionnaire" means an assessment tool administered by a
248+4 licensed health care professional to detect maternal mental
249+5 health conditions, such as the Edinburgh Postnatal Depression
250+6 Scale, the Postpartum Depression Screening Scale, the Beck
251+7 Depression Inventory, the Patient Health Questionnaire, or
252+8 other validated assessment methods.
253+9 (Source: P.A. 101-512, eff. 1-1-20.)
254+10 (405 ILCS 120/14 new)
255+11 Sec. 14. Maternal mental health conditions prevention and
256+12 treatment. The Department of Human Services, in conjunction
257+13 with the Department of Healthcare and Family Services, the
258+14 Department of Public Health, and the Department of Financial
259+15 and Professional Regulation, shall work with birthing
260+16 hospitals and licensed health care professionals in this State
261+17 to develop policies, procedures, information, and educational
262+18 materials to meet each of the following requirements
263+19 concerning maternal mental health conditions:
264+20 (1) Licensed health care professionals providing
265+21 prenatal care to women shall provide education to women
266+22 and, if possible and with permission, to their families
267+23 about maternal mental health conditions in accordance with
268+24 the formal opinions and recommendations of the American
269+25 College of Obstetricians and Gynecologists.
270+
271+
272+
273+
274+
275+ SB0647 Enrolled - 8 - LRB103 03100 RJT 48106 b
276+
277+
278+SB0647 Enrolled- 9 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 9 - LRB103 03100 RJT 48106 b
279+ SB0647 Enrolled - 9 - LRB103 03100 RJT 48106 b
280+1 (2) Upon the Department of Human Services providing
281+2 written information to birthing hospitals, all birthing
282+3 hospitals shall provide new mothers, prior to discharge
283+4 following childbirth, and, if possible, shall provide
284+5 fathers and other family members with complete information
285+6 about maternal mental health conditions, including their
286+7 symptoms, methods of coping with the illness, treatment
287+8 resources, post-hospital treatment options, and community
288+9 resources. Hospitals shall supplement the resources
289+10 provided by the Department to include relevant resources
290+11 offered by the hospital, in the region, or community in
291+12 which the birthing hospital is located, if available.
292+13 Resources may be provided in an electronic format such as
293+14 website links or QR Codes.
294+15 (3) Licensed health care professionals providing
295+16 prenatal care at a prenatal visit shall invite each
296+17 pregnant patient to complete a questionnaire and shall
297+18 review the completed questionnaire in accordance with the
298+19 formal opinions and recommendations of the American
299+20 College of Obstetricians and Gynecologists. Assessment for
300+21 maternal mental health conditions must be repeated when,
301+22 in the professional judgment of the licensed health care
302+23 professional, a reasonable possibility exists that the
303+24 woman suffers from a maternal mental health condition.
304+25 (4) Licensed health care professionals providing
305+26 postnatal care to women shall invite each patient to
306+
307+
308+
309+
310+
311+ SB0647 Enrolled - 9 - LRB103 03100 RJT 48106 b
312+
313+
314+SB0647 Enrolled- 10 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 10 - LRB103 03100 RJT 48106 b
315+ SB0647 Enrolled - 10 - LRB103 03100 RJT 48106 b
316+1 complete a questionnaire and shall review the completed
317+2 questionnaire in accordance with the formal opinions and
318+3 recommendations of the American College of Obstetricians
319+4 and Gynecologists.
320+5 (5) Licensed health care professionals providing
321+6 pediatric care to an infant shall invite the infant's
322+7 mother to complete a questionnaire at any well-baby
323+8 check-up at which the mother is present prior to the
324+9 infant's first birthday, and shall review the completed
325+10 questionnaire in accordance with the formal opinions and
326+11 recommendations of the American College of Obstetricians
327+12 and Gynecologists, in order to ensure that the health and
328+13 well-being of the infant are not compromised by an
329+14 undiagnosed maternal mental health condition in the
330+15 mother. In order to share results from an assessment with
331+16 the mother's primary licensed health care professional,
332+17 consent should be obtained from the mother in accordance
333+18 with the Illinois Health Insurance Portability and
334+19 Accountability Act. If the mother is determined to present
335+20 an acute danger to herself or someone else, consent is not
336+21 required.
337+22 (405 ILCS 120/15)
338+23 Sec. 15. Educational materials about maternal mental
339+24 health conditions. The Department, in conjunction with the
340+25 Department of Healthcare and Family Services, the Department
341+
342+
343+
344+
345+
346+ SB0647 Enrolled - 10 - LRB103 03100 RJT 48106 b
347+
348+
349+SB0647 Enrolled- 11 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 11 - LRB103 03100 RJT 48106 b
350+ SB0647 Enrolled - 11 - LRB103 03100 RJT 48106 b
351+1 of Public Health, and the Department of Financial and
352+2 Professional Regulation, shall develop educational materials
353+3 for health care professionals and patients about maternal
354+4 mental health conditions. Health care professionals or
355+5 organizations representing health care professionals with
356+6 expertise in the treatment of maternal mental health
357+7 conditions shall be consulted in the development of the
358+8 educational materials. A birthing hospital shall, on or before
359+9 January 1, 2026 2021, distribute these materials to employees
360+10 regularly assigned to work with pregnant or postpartum women
361+11 and incorporate these materials in any employee training that
362+12 is related to patient care of pregnant or postpartum women. A
363+13 birthing hospital shall supplement the materials provided by
364+14 the Department to include relevant resources to the region or
365+15 community in which the birthing hospital is located. The
366+16 educational materials developed under this Section shall
367+17 include all of the following:
368+18 (1) Information for postpartum women and families
369+19 about maternal mental health conditions, post-hospital
370+20 treatment options, and community resources.
371+21 (1) (2) Information for hospital employees regularly
372+22 assigned to work in the perinatal unit, including, as
373+23 appropriate, registered nurses and social workers, about
374+24 maternal mental health conditions.
375+25 (2) (3) Any other service the birthing hospital
376+26 determines should be included in the program to provide
377+
378+
379+
380+
381+
382+ SB0647 Enrolled - 11 - LRB103 03100 RJT 48106 b
383+
384+
385+SB0647 Enrolled- 12 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 12 - LRB103 03100 RJT 48106 b
386+ SB0647 Enrolled - 12 - LRB103 03100 RJT 48106 b
387+1 optimal patient care.
388+2 (Source: P.A. 101-512, eff. 1-1-20.)
389+3 Section 20. The Illinois Controlled Substances Act is
390+4 amended by changing Sections 100, 102, 201, 203, 205, 207,
391+5 208, 209, 210, 211, 216, 312, 313, 318, 320, 410, 411.2, 413,
392+6 504, 508, and 509 as follows:
393+7 (720 ILCS 570/100) (from Ch. 56 1/2, par. 1100)
394+8 Sec. 100. Legislative intent. It is the intent of the
395+9 General Assembly, recognizing the rising incidence in the
396+10 misuse abuse of drugs and other dangerous substances and its
397+11 resultant damage to the peace, health, and welfare of the
398+12 citizens of Illinois, to provide a system of control over the
399+13 distribution and use of controlled substances which will more
400+14 effectively: (1) limit access of such substances only to those
401+15 persons who have demonstrated an appropriate sense of
402+16 responsibility and have a lawful and legitimate reason to
403+17 possess them; (2) deter the unlawful and destructive misuse
404+18 abuse of controlled substances; (3) penalize most heavily the
405+19 illicit traffickers or profiteers of controlled substances,
406+20 who propagate and perpetuate the misuse abuse of such
407+21 substances with reckless disregard for its consumptive
408+22 consequences upon every element of society; (4) acknowledge
409+23 the functional and consequential differences between the
410+24 various types of controlled substances and provide for
411+
412+
413+
414+
415+
416+ SB0647 Enrolled - 12 - LRB103 03100 RJT 48106 b
417+
418+
419+SB0647 Enrolled- 13 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 13 - LRB103 03100 RJT 48106 b
420+ SB0647 Enrolled - 13 - LRB103 03100 RJT 48106 b
421+1 correspondingly different degrees of control over each of the
422+2 various types; (5) unify where feasible and codify the efforts
423+3 of this State to conform with the regulatory systems of the
424+4 Federal government; and (6) provide law enforcement
425+5 authorities with the necessary resources to make this system
426+6 efficacious.
427+7 It is not the intent of the General Assembly to treat the
428+8 unlawful user or occasional petty distributor of controlled
429+9 substances with the same severity as the large-scale, unlawful
430+10 purveyors and traffickers of controlled substances. However,
431+11 it is recognized that persons who violate this Act with
432+12 respect to the manufacture, delivery, possession with intent
433+13 to deliver, or possession of more than one type of controlled
434+14 substance listed herein may accordingly receive multiple
435+15 convictions and sentences under each Section of this Act. To
436+16 this end, guidelines have been provided, along with a wide
437+17 latitude in sentencing discretion, to enable the sentencing
438+18 court to order penalties in each case which are appropriate
439+19 for the purposes of this Act.
440+20 (Source: P.A. 97-334, eff. 1-1-12.)
441+21 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
442+22 Sec. 102. Definitions. As used in this Act, unless the
443+23 context otherwise requires:
444+24 (a) "Person with a substance use disorder Addict" means
445+25 any person who has a substance use disorder diagnosis defined
446+
447+
448+
449+
450+
451+ SB0647 Enrolled - 13 - LRB103 03100 RJT 48106 b
452+
453+
454+SB0647 Enrolled- 14 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 14 - LRB103 03100 RJT 48106 b
455+ SB0647 Enrolled - 14 - LRB103 03100 RJT 48106 b
456+1 as a spectrum of persistent and recurring problematic behavior
457+2 that encompasses 10 separate classes of drugs: alcohol;
458+3 caffeine; cannabis; hallucinogens; inhalants; opioids;
459+4 sedatives, hypnotics and anxiolytics; stimulants; and tobacco;
460+5 and other unknown substances leading to clinically significant
461+6 impairment or distress habitually uses any drug, chemical,
462+7 substance or dangerous drug other than alcohol so as to
463+8 endanger the public morals, health, safety or welfare or who
464+9 is so far addicted to the use of a dangerous drug or controlled
465+10 substance other than alcohol as to have lost the power of self
466+11 control with reference to his or her addiction.
467+12 (b) "Administer" means the direct application of a
468+13 controlled substance, whether by injection, inhalation,
469+14 ingestion, or any other means, to the body of a patient,
470+15 research subject, or animal (as defined by the Humane
471+16 Euthanasia in Animal Shelters Act) by:
472+17 (1) a practitioner (or, in his or her presence, by his
473+18 or her authorized agent),
474+19 (2) the patient or research subject pursuant to an
475+20 order, or
476+21 (3) a euthanasia technician as defined by the Humane
477+22 Euthanasia in Animal Shelters Act.
478+23 (c) "Agent" means an authorized person who acts on behalf
479+24 of or at the direction of a manufacturer, distributor,
480+25 dispenser, prescriber, or practitioner. It does not include a
481+26 common or contract carrier, public warehouseman or employee of
482+
483+
484+
485+
486+
487+ SB0647 Enrolled - 14 - LRB103 03100 RJT 48106 b
488+
489+
490+SB0647 Enrolled- 15 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 15 - LRB103 03100 RJT 48106 b
491+ SB0647 Enrolled - 15 - LRB103 03100 RJT 48106 b
492+1 the carrier or warehouseman.
493+2 (c-1) "Anabolic Steroids" means any drug or hormonal
494+3 substance, chemically and pharmacologically related to
495+4 testosterone (other than estrogens, progestins,
496+5 corticosteroids, and dehydroepiandrosterone), and includes:
497+6 (i) 3[beta],17-dihydroxy-5a-androstane,
498+7 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
499+8 (iii) 5[alpha]-androstan-3,17-dione,
500+9 (iv) 1-androstenediol (3[beta],
501+10 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
502+11 (v) 1-androstenediol (3[alpha],
503+12 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
504+13 (vi) 4-androstenediol
505+14 (3[beta],17[beta]-dihydroxy-androst-4-ene),
506+15 (vii) 5-androstenediol
507+16 (3[beta],17[beta]-dihydroxy-androst-5-ene),
508+17 (viii) 1-androstenedione
509+18 ([5alpha]-androst-1-en-3,17-dione),
510+19 (ix) 4-androstenedione
511+20 (androst-4-en-3,17-dione),
512+21 (x) 5-androstenedione
513+22 (androst-5-en-3,17-dione),
514+23 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
515+24 hydroxyandrost-4-en-3-one),
516+25 (xii) boldenone (17[beta]-hydroxyandrost-
517+26 1,4,-diene-3-one),
518+
519+
520+
521+
522+
523+ SB0647 Enrolled - 15 - LRB103 03100 RJT 48106 b
524+
525+
526+SB0647 Enrolled- 16 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 16 - LRB103 03100 RJT 48106 b
527+ SB0647 Enrolled - 16 - LRB103 03100 RJT 48106 b
528+1 (xiii) boldione (androsta-1,4-
529+2 diene-3,17-dione),
530+3 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17
531+4 [beta]-hydroxyandrost-4-en-3-one),
532+5 (xv) clostebol (4-chloro-17[beta]-
533+6 hydroxyandrost-4-en-3-one),
534+7 (xvi) dehydrochloromethyltestosterone (4-chloro-
535+8 17[beta]-hydroxy-17[alpha]-methyl-
536+9 androst-1,4-dien-3-one),
537+10 (xvii) desoxymethyltestosterone
538+11 (17[alpha]-methyl-5[alpha]
539+12 -androst-2-en-17[beta]-ol)(a.k.a., madol),
540+13 (xviii) [delta]1-dihydrotestosterone (a.k.a.
541+14 '1-testosterone') (17[beta]-hydroxy-
542+15 5[alpha]-androst-1-en-3-one),
543+16 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-
544+17 androstan-3-one),
545+18 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
546+19 5[alpha]-androstan-3-one),
547+20 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
548+21 hydroxyestr-4-ene),
549+22 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
550+23 1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
551+24 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
552+25 17[beta]-dihydroxyandrost-1,4-dien-3-one),
553+26 (xxiv) furazabol (17[alpha]-methyl-17[beta]-
554+
555+
556+
557+
558+
559+ SB0647 Enrolled - 16 - LRB103 03100 RJT 48106 b
560+
561+
562+SB0647 Enrolled- 17 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 17 - LRB103 03100 RJT 48106 b
563+ SB0647 Enrolled - 17 - LRB103 03100 RJT 48106 b
564+1 hydroxyandrostano[2,3-c]-furazan),
565+2 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
566+3 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
567+4 androst-4-en-3-one),
568+5 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
569+6 dihydroxy-estr-4-en-3-one),
570+7 (xxviii) mestanolone (17[alpha]-methyl-17[beta]-
571+8 hydroxy-5-androstan-3-one),
572+9 (xxix) mesterolone (1amethyl-17[beta]-hydroxy-
573+10 [5a]-androstan-3-one),
574+11 (xxx) methandienone (17[alpha]-methyl-17[beta]-
575+12 hydroxyandrost-1,4-dien-3-one),
576+13 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
577+14 dihydroxyandrost-5-ene),
578+15 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-
579+16 5[alpha]-androst-1-en-3-one),
580+17 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
581+18 dihydroxy-5a-androstane,
582+19 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
583+20 -5a-androstane,
584+21 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-
585+22 dihydroxyandrost-4-ene),
586+23 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
587+24 methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
588+25 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
589+26 hydroxyestra-4,9(10)-dien-3-one),
590+
591+
592+
593+
594+
595+ SB0647 Enrolled - 17 - LRB103 03100 RJT 48106 b
596+
597+
598+SB0647 Enrolled- 18 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 18 - LRB103 03100 RJT 48106 b
599+ SB0647 Enrolled - 18 - LRB103 03100 RJT 48106 b
600+1 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
601+2 hydroxyestra-4,9-11-trien-3-one),
602+3 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
603+4 hydroxyandrost-4-en-3-one),
604+5 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
605+6 hydroxyestr-4-en-3-one),
606+7 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
607+8 (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
608+9 androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
609+10 1-testosterone'),
610+11 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
611+12 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
612+13 dihydroxyestr-4-ene),
613+14 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
614+15 dihydroxyestr-4-ene),
615+16 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
616+17 dihydroxyestr-5-ene),
617+18 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
618+19 dihydroxyestr-5-ene),
619+20 (xlvii) 19-nor-4,9(10)-androstadienedione
620+21 (estra-4,9(10)-diene-3,17-dione),
621+22 (xlviii) 19-nor-4-androstenedione (estr-4-
622+23 en-3,17-dione),
623+24 (xlix) 19-nor-5-androstenedione (estr-5-
624+25 en-3,17-dione),
625+26 (l) norbolethone (13[beta], 17a-diethyl-17[beta]-
626+
627+
628+
629+
630+
631+ SB0647 Enrolled - 18 - LRB103 03100 RJT 48106 b
632+
633+
634+SB0647 Enrolled- 19 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 19 - LRB103 03100 RJT 48106 b
635+ SB0647 Enrolled - 19 - LRB103 03100 RJT 48106 b
636+1 hydroxygon-4-en-3-one),
637+2 (li) norclostebol (4-chloro-17[beta]-
638+3 hydroxyestr-4-en-3-one),
639+4 (lii) norethandrolone (17[alpha]-ethyl-17[beta]-
640+5 hydroxyestr-4-en-3-one),
641+6 (liii) normethandrolone (17[alpha]-methyl-17[beta]-
642+7 hydroxyestr-4-en-3-one),
643+8 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
644+9 2-oxa-5[alpha]-androstan-3-one),
645+10 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
646+11 dihydroxyandrost-4-en-3-one),
647+12 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
648+13 17[beta]-hydroxy-(5[alpha]-androstan-3-one),
649+14 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
650+15 (5[alpha]-androst-2-eno[3,2-c]-pyrazole),
651+16 (lviii) stenbolone (17[beta]-hydroxy-2-methyl-
652+17 (5[alpha]-androst-1-en-3-one),
653+18 (lix) testolactone (13-hydroxy-3-oxo-13,17-
654+19 secoandrosta-1,4-dien-17-oic
655+20 acid lactone),
656+21 (lx) testosterone (17[beta]-hydroxyandrost-
657+22 4-en-3-one),
658+23 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
659+24 diethyl-17[beta]-hydroxygon-
660+25 4,9,11-trien-3-one),
661+26 (lxii) trenbolone (17[beta]-hydroxyestr-4,9,
662+
663+
664+
665+
666+
667+ SB0647 Enrolled - 19 - LRB103 03100 RJT 48106 b
668+
669+
670+SB0647 Enrolled- 20 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 20 - LRB103 03100 RJT 48106 b
671+ SB0647 Enrolled - 20 - LRB103 03100 RJT 48106 b
672+1 11-trien-3-one).
673+2 Any person who is otherwise lawfully in possession of an
674+3 anabolic steroid, or who otherwise lawfully manufactures,
675+4 distributes, dispenses, delivers, or possesses with intent to
676+5 deliver an anabolic steroid, which anabolic steroid is
677+6 expressly intended for and lawfully allowed to be administered
678+7 through implants to livestock or other nonhuman species, and
679+8 which is approved by the Secretary of Health and Human
680+9 Services for such administration, and which the person intends
681+10 to administer or have administered through such implants,
682+11 shall not be considered to be in unauthorized possession or to
683+12 unlawfully manufacture, distribute, dispense, deliver, or
684+13 possess with intent to deliver such anabolic steroid for
685+14 purposes of this Act.
686+15 (d) "Administration" means the Drug Enforcement
687+16 Administration, United States Department of Justice, or its
688+17 successor agency.
689+18 (d-5) "Clinical Director, Prescription Monitoring Program"
690+19 means a Department of Human Services administrative employee
691+20 licensed to either prescribe or dispense controlled substances
692+21 who shall run the clinical aspects of the Department of Human
693+22 Services Prescription Monitoring Program and its Prescription
694+23 Information Library.
695+24 (d-10) "Compounding" means the preparation and mixing of
696+25 components, excluding flavorings, (1) as the result of a
697+26 prescriber's prescription drug order or initiative based on
698+
699+
700+
701+
702+
703+ SB0647 Enrolled - 20 - LRB103 03100 RJT 48106 b
704+
705+
706+SB0647 Enrolled- 21 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 21 - LRB103 03100 RJT 48106 b
707+ SB0647 Enrolled - 21 - LRB103 03100 RJT 48106 b
708+1 the prescriber-patient-pharmacist relationship in the course
709+2 of professional practice or (2) for the purpose of, or
710+3 incident to, research, teaching, or chemical analysis and not
711+4 for sale or dispensing. "Compounding" includes the preparation
712+5 of drugs or devices in anticipation of receiving prescription
713+6 drug orders based on routine, regularly observed dispensing
714+7 patterns. Commercially available products may be compounded
715+8 for dispensing to individual patients only if both of the
716+9 following conditions are met: (i) the commercial product is
717+10 not reasonably available from normal distribution channels in
718+11 a timely manner to meet the patient's needs and (ii) the
719+12 prescribing practitioner has requested that the drug be
720+13 compounded.
721+14 (e) "Control" means to add a drug or other substance, or
722+15 immediate precursor, to a Schedule whether by transfer from
723+16 another Schedule or otherwise.
724+17 (f) "Controlled Substance" means (i) a drug, substance,
725+18 immediate precursor, or synthetic drug in the Schedules of
726+19 Article II of this Act or (ii) a drug or other substance, or
727+20 immediate precursor, designated as a controlled substance by
728+21 the Department through administrative rule. The term does not
729+22 include distilled spirits, wine, malt beverages, or tobacco,
730+23 as those terms are defined or used in the Liquor Control Act of
731+24 1934 and the Tobacco Products Tax Act of 1995.
732+25 (f-5) "Controlled substance analog" means a substance:
733+26 (1) the chemical structure of which is substantially
734+
735+
736+
737+
738+
739+ SB0647 Enrolled - 21 - LRB103 03100 RJT 48106 b
740+
741+
742+SB0647 Enrolled- 22 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 22 - LRB103 03100 RJT 48106 b
743+ SB0647 Enrolled - 22 - LRB103 03100 RJT 48106 b
744+1 similar to the chemical structure of a controlled
745+2 substance in Schedule I or II;
746+3 (2) which has a stimulant, depressant, or
747+4 hallucinogenic effect on the central nervous system that
748+5 is substantially similar to or greater than the stimulant,
749+6 depressant, or hallucinogenic effect on the central
750+7 nervous system of a controlled substance in Schedule I or
751+8 II; or
752+9 (3) with respect to a particular person, which such
753+10 person represents or intends to have a stimulant,
754+11 depressant, or hallucinogenic effect on the central
755+12 nervous system that is substantially similar to or greater
756+13 than the stimulant, depressant, or hallucinogenic effect
757+14 on the central nervous system of a controlled substance in
758+15 Schedule I or II.
759+16 (g) "Counterfeit substance" means a controlled substance,
760+17 which, or the container or labeling of which, without
761+18 authorization bears the trademark, trade name, or other
762+19 identifying mark, imprint, number or device, or any likeness
763+20 thereof, of a manufacturer, distributor, or dispenser other
764+21 than the person who in fact manufactured, distributed, or
765+22 dispensed the substance.
766+23 (h) "Deliver" or "delivery" means the actual, constructive
767+24 or attempted transfer of possession of a controlled substance,
768+25 with or without consideration, whether or not there is an
769+26 agency relationship. "Deliver" or "delivery" does not include
770+
771+
772+
773+
774+
775+ SB0647 Enrolled - 22 - LRB103 03100 RJT 48106 b
776+
777+
778+SB0647 Enrolled- 23 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 23 - LRB103 03100 RJT 48106 b
779+ SB0647 Enrolled - 23 - LRB103 03100 RJT 48106 b
780+1 the donation of drugs to the extent permitted under the
781+2 Illinois Drug Reuse Opportunity Program Act.
782+3 (i) "Department" means the Illinois Department of Human
783+4 Services (as successor to the Department of Alcoholism and
784+5 Substance Abuse) or its successor agency.
785+6 (j) (Blank).
786+7 (k) "Department of Corrections" means the Department of
787+8 Corrections of the State of Illinois or its successor agency.
788+9 (l) "Department of Financial and Professional Regulation"
789+10 means the Department of Financial and Professional Regulation
790+11 of the State of Illinois or its successor agency.
791+12 (m) "Depressant" means any drug that (i) causes an overall
792+13 depression of central nervous system functions, (ii) causes
793+14 impaired consciousness and awareness, and (iii) can be
794+15 habit-forming or lead to a substance misuse or substance use
795+16 disorder abuse problem, including, but not limited to,
796+17 alcohol, cannabis and its active principles and their analogs,
797+18 benzodiazepines and their analogs, barbiturates and their
798+19 analogs, opioids (natural and synthetic) and their analogs,
799+20 and chloral hydrate and similar sedative hypnotics.
800+21 (n) (Blank).
801+22 (o) "Director" means the Director of the Illinois State
802+23 Police or his or her designated agents.
803+24 (p) "Dispense" means to deliver a controlled substance to
804+25 an ultimate user or research subject by or pursuant to the
805+26 lawful order of a prescriber, including the prescribing,
806+
807+
808+
809+
810+
811+ SB0647 Enrolled - 23 - LRB103 03100 RJT 48106 b
812+
813+
814+SB0647 Enrolled- 24 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 24 - LRB103 03100 RJT 48106 b
815+ SB0647 Enrolled - 24 - LRB103 03100 RJT 48106 b
816+1 administering, packaging, labeling, or compounding necessary
817+2 to prepare the substance for that delivery.
818+3 (q) "Dispenser" means a practitioner who dispenses.
819+4 (r) "Distribute" means to deliver, other than by
820+5 administering or dispensing, a controlled substance.
821+6 (s) "Distributor" means a person who distributes.
822+7 (t) "Drug" means (1) substances recognized as drugs in the
823+8 official United States Pharmacopoeia, Official Homeopathic
824+9 Pharmacopoeia of the United States, or official National
825+10 Formulary, or any supplement to any of them; (2) substances
826+11 intended for use in diagnosis, cure, mitigation, treatment, or
827+12 prevention of disease in man or animals; (3) substances (other
828+13 than food) intended to affect the structure of any function of
829+14 the body of man or animals and (4) substances intended for use
830+15 as a component of any article specified in clause (1), (2), or
831+16 (3) of this subsection. It does not include devices or their
832+17 components, parts, or accessories.
833+18 (t-3) "Electronic health record" or "EHR" means an
834+19 electronic record of health-related information on an
835+20 individual that is created, gathered, managed, and consulted
836+21 by authorized health care clinicians and staff.
837+22 (t-3.5) "Electronic health record system" or "EHR system"
838+23 means any computer-based system or combination of federally
839+24 certified Health IT Modules (defined at 42 CFR 170.102 or its
840+25 successor) used as a repository for electronic health records
841+26 and accessed or updated by a prescriber or authorized
842+
843+
844+
845+
846+
847+ SB0647 Enrolled - 24 - LRB103 03100 RJT 48106 b
848+
849+
850+SB0647 Enrolled- 25 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 25 - LRB103 03100 RJT 48106 b
851+ SB0647 Enrolled - 25 - LRB103 03100 RJT 48106 b
852+1 surrogate in the ordinary course of his or her medical
853+2 practice. For purposes of connecting to the Prescription
854+3 Information Library maintained by the Bureau of Pharmacy and
855+4 Clinical Support Systems or its successor, an EHR system may
856+5 connect to the Prescription Information Library directly or
857+6 through all or part of a computer program or system that is a
858+7 federally certified Health IT Module maintained by a third
859+8 party and used by the EHR system to secure access to the
860+9 database.
861+10 (t-4) "Emergency medical services personnel" has the
862+11 meaning ascribed to it in the Emergency Medical Services (EMS)
863+12 Systems Act.
864+13 (t-5) "Euthanasia agency" means an entity certified by the
865+14 Department of Financial and Professional Regulation for the
866+15 purpose of animal euthanasia that holds an animal control
867+16 facility license or animal shelter license under the Animal
868+17 Welfare Act. A euthanasia agency is authorized to purchase,
869+18 store, possess, and utilize Schedule II nonnarcotic and
870+19 Schedule III nonnarcotic drugs for the sole purpose of animal
871+20 euthanasia.
872+21 (t-10) "Euthanasia drugs" means Schedule II or Schedule
873+22 III substances (nonnarcotic controlled substances) that are
874+23 used by a euthanasia agency for the purpose of animal
875+24 euthanasia.
876+25 (u) "Good faith" means the prescribing or dispensing of a
877+26 controlled substance by a practitioner in the regular course
878+
879+
880+
881+
882+
883+ SB0647 Enrolled - 25 - LRB103 03100 RJT 48106 b
884+
885+
886+SB0647 Enrolled- 26 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 26 - LRB103 03100 RJT 48106 b
887+ SB0647 Enrolled - 26 - LRB103 03100 RJT 48106 b
888+1 of professional treatment to or for any person who is under his
889+2 or her treatment for a pathology or condition other than that
890+3 individual's physical or psychological dependence upon or
891+4 addiction to a controlled substance, except as provided
892+5 herein: and application of the term to a pharmacist shall mean
893+6 the dispensing of a controlled substance pursuant to the
894+7 prescriber's order which in the professional judgment of the
895+8 pharmacist is lawful. The pharmacist shall be guided by
896+9 accepted professional standards, including, but not limited
897+10 to, the following, in making the judgment:
898+11 (1) lack of consistency of prescriber-patient
899+12 relationship,
900+13 (2) frequency of prescriptions for same drug by one
901+14 prescriber for large numbers of patients,
902+15 (3) quantities beyond those normally prescribed,
903+16 (4) unusual dosages (recognizing that there may be
904+17 clinical circumstances where more or less than the usual
905+18 dose may be used legitimately),
906+19 (5) unusual geographic distances between patient,
907+20 pharmacist and prescriber,
908+21 (6) consistent prescribing of habit-forming drugs.
909+22 (u-0.5) "Hallucinogen" means a drug that causes markedly
910+23 altered sensory perception leading to hallucinations of any
911+24 type.
912+25 (u-1) "Home infusion services" means services provided by
913+26 a pharmacy in compounding solutions for direct administration
914+
915+
916+
917+
918+
919+ SB0647 Enrolled - 26 - LRB103 03100 RJT 48106 b
920+
921+
922+SB0647 Enrolled- 27 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 27 - LRB103 03100 RJT 48106 b
923+ SB0647 Enrolled - 27 - LRB103 03100 RJT 48106 b
924+1 to a patient in a private residence, long-term care facility,
925+2 or hospice setting by means of parenteral, intravenous,
926+3 intramuscular, subcutaneous, or intraspinal infusion.
927+4 (u-5) "Illinois State Police" means the Illinois State
928+5 Police or its successor agency.
929+6 (v) "Immediate precursor" means a substance:
930+7 (1) which the Department has found to be and by rule
931+8 designated as being a principal compound used, or produced
932+9 primarily for use, in the manufacture of a controlled
933+10 substance;
934+11 (2) which is an immediate chemical intermediary used
935+12 or likely to be used in the manufacture of such controlled
936+13 substance; and
937+14 (3) the control of which is necessary to prevent,
938+15 curtail or limit the manufacture of such controlled
939+16 substance.
940+17 (w) "Instructional activities" means the acts of teaching,
941+18 educating or instructing by practitioners using controlled
942+19 substances within educational facilities approved by the State
943+20 Board of Education or its successor agency.
944+21 (x) "Local authorities" means a duly organized State,
945+22 County or Municipal peace unit or police force.
946+23 (y) "Look-alike substance" means a substance, other than a
947+24 controlled substance which (1) by overall dosage unit
948+25 appearance, including shape, color, size, markings or lack
949+26 thereof, taste, consistency, or any other identifying physical
950+
951+
952+
953+
954+
955+ SB0647 Enrolled - 27 - LRB103 03100 RJT 48106 b
956+
957+
958+SB0647 Enrolled- 28 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 28 - LRB103 03100 RJT 48106 b
959+ SB0647 Enrolled - 28 - LRB103 03100 RJT 48106 b
960+1 characteristic of the substance, would lead a reasonable
961+2 person to believe that the substance is a controlled
962+3 substance, or (2) is expressly or impliedly represented to be
963+4 a controlled substance or is distributed under circumstances
964+5 which would lead a reasonable person to believe that the
965+6 substance is a controlled substance. For the purpose of
966+7 determining whether the representations made or the
967+8 circumstances of the distribution would lead a reasonable
968+9 person to believe the substance to be a controlled substance
969+10 under this clause (2) of subsection (y), the court or other
970+11 authority may consider the following factors in addition to
971+12 any other factor that may be relevant:
972+13 (a) statements made by the owner or person in control
973+14 of the substance concerning its nature, use or effect;
974+15 (b) statements made to the buyer or recipient that the
975+16 substance may be resold for profit;
976+17 (c) whether the substance is packaged in a manner
977+18 normally used for the illegal distribution of controlled
978+19 substances;
979+20 (d) whether the distribution or attempted distribution
980+21 included an exchange of or demand for money or other
981+22 property as consideration, and whether the amount of the
982+23 consideration was substantially greater than the
983+24 reasonable retail market value of the substance.
984+25 Clause (1) of this subsection (y) shall not apply to a
985+26 noncontrolled substance in its finished dosage form that was
986+
987+
988+
989+
990+
991+ SB0647 Enrolled - 28 - LRB103 03100 RJT 48106 b
992+
993+
994+SB0647 Enrolled- 29 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 29 - LRB103 03100 RJT 48106 b
995+ SB0647 Enrolled - 29 - LRB103 03100 RJT 48106 b
996+1 initially introduced into commerce prior to the initial
997+2 introduction into commerce of a controlled substance in its
998+3 finished dosage form which it may substantially resemble.
999+4 Nothing in this subsection (y) prohibits the dispensing or
1000+5 distributing of noncontrolled substances by persons authorized
1001+6 to dispense and distribute controlled substances under this
1002+7 Act, provided that such action would be deemed to be carried
1003+8 out in good faith under subsection (u) if the substances
1004+9 involved were controlled substances.
1005+10 Nothing in this subsection (y) or in this Act prohibits
1006+11 the manufacture, preparation, propagation, compounding,
1007+12 processing, packaging, advertising or distribution of a drug
1008+13 or drugs by any person registered pursuant to Section 510 of
1009+14 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
1010+15 (y-1) "Mail-order pharmacy" means a pharmacy that is
1011+16 located in a state of the United States that delivers,
1012+17 dispenses or distributes, through the United States Postal
1013+18 Service or other common carrier, to Illinois residents, any
1014+19 substance which requires a prescription.
1015+20 (z) "Manufacture" means the production, preparation,
1016+21 propagation, compounding, conversion or processing of a
1017+22 controlled substance other than methamphetamine, either
1018+23 directly or indirectly, by extraction from substances of
1019+24 natural origin, or independently by means of chemical
1020+25 synthesis, or by a combination of extraction and chemical
1021+26 synthesis, and includes any packaging or repackaging of the
1022+
1023+
1024+
1025+
1026+
1027+ SB0647 Enrolled - 29 - LRB103 03100 RJT 48106 b
1028+
1029+
1030+SB0647 Enrolled- 30 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 30 - LRB103 03100 RJT 48106 b
1031+ SB0647 Enrolled - 30 - LRB103 03100 RJT 48106 b
1032+1 substance or labeling of its container, except that this term
1033+2 does not include:
1034+3 (1) by an ultimate user, the preparation or
1035+4 compounding of a controlled substance for his or her own
1036+5 use;
1037+6 (2) by a practitioner, or his or her authorized agent
1038+7 under his or her supervision, the preparation,
1039+8 compounding, packaging, or labeling of a controlled
1040+9 substance:
1041+10 (a) as an incident to his or her administering or
1042+11 dispensing of a controlled substance in the course of
1043+12 his or her professional practice; or
1044+13 (b) as an incident to lawful research, teaching or
1045+14 chemical analysis and not for sale; or
1046+15 (3) the packaging, repackaging, or labeling of drugs
1047+16 only to the extent permitted under the Illinois Drug Reuse
1048+17 Opportunity Program Act.
1049+18 (z-1) (Blank).
1050+19 (z-5) "Medication shopping" means the conduct prohibited
1051+20 under subsection (a) of Section 314.5 of this Act.
1052+21 (z-10) "Mid-level practitioner" means (i) a physician
1053+22 assistant who has been delegated authority to prescribe
1054+23 through a written delegation of authority by a physician
1055+24 licensed to practice medicine in all of its branches, in
1056+25 accordance with Section 7.5 of the Physician Assistant
1057+26 Practice Act of 1987, (ii) an advanced practice registered
1058+
1059+
1060+
1061+
1062+
1063+ SB0647 Enrolled - 30 - LRB103 03100 RJT 48106 b
1064+
1065+
1066+SB0647 Enrolled- 31 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 31 - LRB103 03100 RJT 48106 b
1067+ SB0647 Enrolled - 31 - LRB103 03100 RJT 48106 b
1068+1 nurse who has been delegated authority to prescribe through a
1069+2 written delegation of authority by a physician licensed to
1070+3 practice medicine in all of its branches or by a podiatric
1071+4 physician, in accordance with Section 65-40 of the Nurse
1072+5 Practice Act, (iii) an advanced practice registered nurse
1073+6 certified as a nurse practitioner, nurse midwife, or clinical
1074+7 nurse specialist who has been granted authority to prescribe
1075+8 by a hospital affiliate in accordance with Section 65-45 of
1076+9 the Nurse Practice Act, (iv) an animal euthanasia agency, or
1077+10 (v) a prescribing psychologist.
1078+11 (aa) "Narcotic drug" means any of the following, whether
1079+12 produced directly or indirectly by extraction from substances
1080+13 of vegetable origin, or independently by means of chemical
1081+14 synthesis, or by a combination of extraction and chemical
1082+15 synthesis:
1083+16 (1) opium, opiates, derivatives of opium and opiates,
1084+17 including their isomers, esters, ethers, salts, and salts
1085+18 of isomers, esters, and ethers, whenever the existence of
1086+19 such isomers, esters, ethers, and salts is possible within
1087+20 the specific chemical designation; however the term
1088+21 "narcotic drug" does not include the isoquinoline
1089+22 alkaloids of opium;
1090+23 (2) (blank);
1091+24 (3) opium poppy and poppy straw;
1092+25 (4) coca leaves, except coca leaves and extracts of
1093+26 coca leaves from which substantially all of the cocaine
1094+
1095+
1096+
1097+
1098+
1099+ SB0647 Enrolled - 31 - LRB103 03100 RJT 48106 b
1100+
1101+
1102+SB0647 Enrolled- 32 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 32 - LRB103 03100 RJT 48106 b
1103+ SB0647 Enrolled - 32 - LRB103 03100 RJT 48106 b
1104+1 and ecgonine, and their isomers, derivatives and salts,
1105+2 have been removed;
1106+3 (5) cocaine, its salts, optical and geometric isomers,
1107+4 and salts of isomers;
1108+5 (6) ecgonine, its derivatives, their salts, isomers,
1109+6 and salts of isomers;
1110+7 (7) any compound, mixture, or preparation which
1111+8 contains any quantity of any of the substances referred to
1112+9 in subparagraphs (1) through (6).
1113+10 (bb) "Nurse" means a registered nurse licensed under the
1114+11 Nurse Practice Act.
1115+12 (cc) (Blank).
1116+13 (dd) "Opiate" means a drug derived from or related to
1117+14 opium any substance having an addiction forming or addiction
1118+15 sustaining liability similar to morphine or being capable of
1119+16 conversion into a drug having addiction forming or addiction
1120+17 sustaining liability.
1121+18 (ee) "Opium poppy" means the plant of the species Papaver
1122+19 somniferum L., except its seeds.
1123+20 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
1124+21 solution or other liquid form of medication intended for
1125+22 administration by mouth, but the term does not include a form
1126+23 of medication intended for buccal, sublingual, or transmucosal
1127+24 administration.
1128+25 (ff) "Parole and Pardon Board" means the Parole and Pardon
1129+26 Board of the State of Illinois or its successor agency.
1130+
1131+
1132+
1133+
1134+
1135+ SB0647 Enrolled - 32 - LRB103 03100 RJT 48106 b
1136+
1137+
1138+SB0647 Enrolled- 33 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 33 - LRB103 03100 RJT 48106 b
1139+ SB0647 Enrolled - 33 - LRB103 03100 RJT 48106 b
1140+1 (gg) "Person" means any individual, corporation,
1141+2 mail-order pharmacy, government or governmental subdivision or
1142+3 agency, business trust, estate, trust, partnership or
1143+4 association, or any other entity.
1144+5 (hh) "Pharmacist" means any person who holds a license or
1145+6 certificate of registration as a registered pharmacist, a
1146+7 local registered pharmacist or a registered assistant
1147+8 pharmacist under the Pharmacy Practice Act.
1148+9 (ii) "Pharmacy" means any store, ship or other place in
1149+10 which pharmacy is authorized to be practiced under the
1150+11 Pharmacy Practice Act.
1151+12 (ii-5) "Pharmacy shopping" means the conduct prohibited
1152+13 under subsection (b) of Section 314.5 of this Act.
1153+14 (ii-10) "Physician" (except when the context otherwise
1154+15 requires) means a person licensed to practice medicine in all
1155+16 of its branches.
1156+17 (jj) "Poppy straw" means all parts, except the seeds, of
1157+18 the opium poppy, after mowing.
1158+19 (kk) "Practitioner" means a physician licensed to practice
1159+20 medicine in all its branches, dentist, optometrist, podiatric
1160+21 physician, veterinarian, scientific investigator, pharmacist,
1161+22 physician assistant, advanced practice registered nurse,
1162+23 licensed practical nurse, registered nurse, emergency medical
1163+24 services personnel, hospital, laboratory, or pharmacy, or
1164+25 other person licensed, registered, or otherwise lawfully
1165+26 permitted by the United States or this State to distribute,
1166+
1167+
1168+
1169+
1170+
1171+ SB0647 Enrolled - 33 - LRB103 03100 RJT 48106 b
1172+
1173+
1174+SB0647 Enrolled- 34 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 34 - LRB103 03100 RJT 48106 b
1175+ SB0647 Enrolled - 34 - LRB103 03100 RJT 48106 b
1176+1 dispense, conduct research with respect to, administer or use
1177+2 in teaching or chemical analysis, a controlled substance in
1178+3 the course of professional practice or research.
1179+4 (ll) "Pre-printed prescription" means a written
1180+5 prescription upon which the designated drug has been indicated
1181+6 prior to the time of issuance; the term does not mean a written
1182+7 prescription that is individually generated by machine or
1183+8 computer in the prescriber's office.
1184+9 (mm) "Prescriber" means a physician licensed to practice
1185+10 medicine in all its branches, dentist, optometrist,
1186+11 prescribing psychologist licensed under Section 4.2 of the
1187+12 Clinical Psychologist Licensing Act with prescriptive
1188+13 authority delegated under Section 4.3 of the Clinical
1189+14 Psychologist Licensing Act, podiatric physician, or
1190+15 veterinarian who issues a prescription, a physician assistant
1191+16 who issues a prescription for a controlled substance in
1192+17 accordance with Section 303.05, a written delegation, and a
1193+18 written collaborative agreement required under Section 7.5 of
1194+19 the Physician Assistant Practice Act of 1987, an advanced
1195+20 practice registered nurse with prescriptive authority
1196+21 delegated under Section 65-40 of the Nurse Practice Act and in
1197+22 accordance with Section 303.05, a written delegation, and a
1198+23 written collaborative agreement under Section 65-35 of the
1199+24 Nurse Practice Act, an advanced practice registered nurse
1200+25 certified as a nurse practitioner, nurse midwife, or clinical
1201+26 nurse specialist who has been granted authority to prescribe
1202+
1203+
1204+
1205+
1206+
1207+ SB0647 Enrolled - 34 - LRB103 03100 RJT 48106 b
1208+
1209+
1210+SB0647 Enrolled- 35 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 35 - LRB103 03100 RJT 48106 b
1211+ SB0647 Enrolled - 35 - LRB103 03100 RJT 48106 b
1212+1 by a hospital affiliate in accordance with Section 65-45 of
1213+2 the Nurse Practice Act and in accordance with Section 303.05,
1214+3 or an advanced practice registered nurse certified as a nurse
1215+4 practitioner, nurse midwife, or clinical nurse specialist who
1216+5 has full practice authority pursuant to Section 65-43 of the
1217+6 Nurse Practice Act.
1218+7 (nn) "Prescription" means a written, facsimile, or oral
1219+8 order, or an electronic order that complies with applicable
1220+9 federal requirements, of a physician licensed to practice
1221+10 medicine in all its branches, dentist, podiatric physician or
1222+11 veterinarian for any controlled substance, of an optometrist
1223+12 in accordance with Section 15.1 of the Illinois Optometric
1224+13 Practice Act of 1987, of a prescribing psychologist licensed
1225+14 under Section 4.2 of the Clinical Psychologist Licensing Act
1226+15 with prescriptive authority delegated under Section 4.3 of the
1227+16 Clinical Psychologist Licensing Act, of a physician assistant
1228+17 for a controlled substance in accordance with Section 303.05,
1229+18 a written delegation, and a written collaborative agreement
1230+19 required under Section 7.5 of the Physician Assistant Practice
1231+20 Act of 1987, of an advanced practice registered nurse with
1232+21 prescriptive authority delegated under Section 65-40 of the
1233+22 Nurse Practice Act who issues a prescription for a controlled
1234+23 substance in accordance with Section 303.05, a written
1235+24 delegation, and a written collaborative agreement under
1236+25 Section 65-35 of the Nurse Practice Act, of an advanced
1237+26 practice registered nurse certified as a nurse practitioner,
1238+
1239+
1240+
1241+
1242+
1243+ SB0647 Enrolled - 35 - LRB103 03100 RJT 48106 b
1244+
1245+
1246+SB0647 Enrolled- 36 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 36 - LRB103 03100 RJT 48106 b
1247+ SB0647 Enrolled - 36 - LRB103 03100 RJT 48106 b
1248+1 nurse midwife, or clinical nurse specialist who has been
1249+2 granted authority to prescribe by a hospital affiliate in
1250+3 accordance with Section 65-45 of the Nurse Practice Act and in
1251+4 accordance with Section 303.05 when required by law, or of an
1252+5 advanced practice registered nurse certified as a nurse
1253+6 practitioner, nurse midwife, or clinical nurse specialist who
1254+7 has full practice authority pursuant to Section 65-43 of the
1255+8 Nurse Practice Act.
1256+9 (nn-5) "Prescription Information Library" (PIL) means an
1257+10 electronic library that contains reported controlled substance
1258+11 data.
1259+12 (nn-10) "Prescription Monitoring Program" (PMP) means the
1260+13 entity that collects, tracks, and stores reported data on
1261+14 controlled substances and select drugs pursuant to Section
1262+15 316.
1263+16 (oo) "Production" or "produce" means manufacture,
1264+17 planting, cultivating, growing, or harvesting of a controlled
1265+18 substance other than methamphetamine.
1266+19 (pp) "Registrant" means every person who is required to
1267+20 register under Section 302 of this Act.
1268+21 (qq) "Registry number" means the number assigned to each
1269+22 person authorized to handle controlled substances under the
1270+23 laws of the United States and of this State.
1271+24 (qq-5) "Secretary" means, as the context requires, either
1272+25 the Secretary of the Department or the Secretary of the
1273+26 Department of Financial and Professional Regulation, and the
1274+
1275+
1276+
1277+
1278+
1279+ SB0647 Enrolled - 36 - LRB103 03100 RJT 48106 b
1280+
1281+
1282+SB0647 Enrolled- 37 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 37 - LRB103 03100 RJT 48106 b
1283+ SB0647 Enrolled - 37 - LRB103 03100 RJT 48106 b
1284+1 Secretary's designated agents.
1285+2 (rr) "State" includes the State of Illinois and any state,
1286+3 district, commonwealth, territory, insular possession thereof,
1287+4 and any area subject to the legal authority of the United
1288+5 States of America.
1289+6 (rr-5) "Stimulant" means any drug that (i) causes an
1290+7 overall excitation of central nervous system functions, (ii)
1291+8 causes impaired consciousness and awareness, and (iii) can be
1292+9 habit-forming or lead to a substance use disorder abuse
1293+10 problem, including, but not limited to, amphetamines and their
1294+11 analogs, methylphenidate and its analogs, cocaine, and
1295+12 phencyclidine and its analogs.
1296+13 (rr-10) "Synthetic drug" includes, but is not limited to,
1297+14 any synthetic cannabinoids or piperazines or any synthetic
1298+15 cathinones as provided for in Schedule I.
1299+16 (ss) "Ultimate user" means a person who lawfully possesses
1300+17 a controlled substance for his or her own use or for the use of
1301+18 a member of his or her household or for administering to an
1302+19 animal owned by him or her or by a member of his or her
1303+20 household.
1304+21 (Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
1305+22 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
1306+23 (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
1307+24 Sec. 201. (a) The Department shall carry out the
1308+25 provisions of this Article. The Department or its successor
1309+
1310+
1311+
1312+
1313+
1314+ SB0647 Enrolled - 37 - LRB103 03100 RJT 48106 b
1315+
1316+
1317+SB0647 Enrolled- 38 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 38 - LRB103 03100 RJT 48106 b
1318+ SB0647 Enrolled - 38 - LRB103 03100 RJT 48106 b
1319+1 agency may, by administrative rule, add additional substances
1320+2 to or delete or reschedule all controlled substances in the
1321+3 Schedules of Sections 204, 206, 208, 210 and 212 of this Act.
1322+4 In making a determination regarding the addition, deletion, or
1323+5 rescheduling of a substance, the Department shall consider the
1324+6 following:
1325+7 (1) the actual or relative potential for misuse abuse;
1326+8 (2) the scientific evidence of its pharmacological
1327+9 effect, if known;
1328+10 (3) the state of current scientific knowledge
1329+11 regarding the substance;
1330+12 (4) the history and current pattern of misuse abuse;
1331+13 (5) the scope, duration, and significance of misuse
1332+14 abuse;
1333+15 (6) the risk to the public health;
1334+16 (7) the potential of the substance to produce
1335+17 psychological or physiological dependence or a substance
1336+18 use disorder;
1337+19 (8) whether the substance is an immediate precursor of
1338+20 a substance already controlled under this Article;
1339+21 (9) the immediate harmful effect in terms of
1340+22 potentially fatal dosage; and
1341+23 (10) the long-range effects in terms of permanent
1342+24 health impairment.
1343+25 (b) (Blank).
1344+26 (c) (Blank).
1345+
1346+
1347+
1348+
1349+
1350+ SB0647 Enrolled - 38 - LRB103 03100 RJT 48106 b
1351+
1352+
1353+SB0647 Enrolled- 39 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 39 - LRB103 03100 RJT 48106 b
1354+ SB0647 Enrolled - 39 - LRB103 03100 RJT 48106 b
1355+1 (d) If any substance is scheduled, rescheduled, or deleted
1356+2 as a controlled substance under Federal law and notice thereof
1357+3 is given to the Department, the Department shall similarly
1358+4 control the substance under this Act after the expiration of
1359+5 30 days from publication in the Federal Register of a final
1360+6 order scheduling a substance as a controlled substance or
1361+7 rescheduling or deleting a substance, unless within that 30
1362+8 day period the Department objects, or a party adversely
1363+9 affected files with the Department substantial written
1364+10 objections objecting to inclusion, rescheduling, or deletion.
1365+11 In that case, the Department shall publish the reasons for
1366+12 objection or the substantial written objections and afford all
1367+13 interested parties an opportunity to be heard. At the
1368+14 conclusion of the hearing, the Department shall publish its
1369+15 decision, by means of a rule, which shall be final unless
1370+16 altered by statute. Upon publication of objections by the
1371+17 Department, similar control under this Act whether by
1372+18 inclusion, rescheduling or deletion is stayed until the
1373+19 Department publishes its ruling.
1374+20 (e) (Blank).
1375+21 (f) (Blank).
1376+22 (g) Authority to control under this Section does not
1377+23 extend to distilled spirits, wine, malt beverages, or tobacco
1378+24 as those terms are defined or used in the Liquor Control Act of
1379+25 1934 and the Tobacco Products Tax Act of 1995.
1380+26 (h) Persons registered with the Drug Enforcement
1381+
1382+
1383+
1384+
1385+
1386+ SB0647 Enrolled - 39 - LRB103 03100 RJT 48106 b
1387+
1388+
1389+SB0647 Enrolled- 40 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 40 - LRB103 03100 RJT 48106 b
1390+ SB0647 Enrolled - 40 - LRB103 03100 RJT 48106 b
1391+1 Administration to manufacture or distribute controlled
1392+2 substances shall maintain adequate security and provide
1393+3 effective controls and procedures to guard against theft and
1394+4 diversion, but shall not otherwise be required to meet the
1395+5 physical security control requirements (such as cage or vault)
1396+6 for Schedule V controlled substances containing
1397+7 pseudoephedrine or Schedule II controlled substances
1398+8 containing dextromethorphan.
1399+9 (Source: P.A. 97-334, eff. 1-1-12; 98-756, eff. 7-16-14.)
1400+10 (720 ILCS 570/203) (from Ch. 56 1/2, par. 1203)
1401+11 Sec. 203. The Department, taking into consideration the
1402+12 recommendations of its Prescription Monitoring Program
1403+13 Advisory Committee, may issue a rule scheduling a substance in
1404+14 Schedule I if it finds that:
1405+15 (1) the substance has high potential for misuse abuse;
1406+16 and
1407+17 (2) the substance has no currently accepted medical
1408+18 use in treatment in the United States or lacks accepted
1409+19 safety for use in treatment under medical supervision.
1410+20 (Source: P.A. 97-334, eff. 1-1-12.)
1411+21 (720 ILCS 570/205) (from Ch. 56 1/2, par. 1205)
1412+22 Sec. 205. The Department, taking into consideration the
1413+23 recommendations of its Prescription Monitoring Program
1414+24 Advisory Committee, may issue a rule scheduling a substance in
1415+
1416+
1417+
1418+
1419+
1420+ SB0647 Enrolled - 40 - LRB103 03100 RJT 48106 b
1421+
1422+
1423+SB0647 Enrolled- 41 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 41 - LRB103 03100 RJT 48106 b
1424+ SB0647 Enrolled - 41 - LRB103 03100 RJT 48106 b
1425+1 Schedule II if it finds that:
1426+2 (1) the substance has high potential for misuse abuse;
1427+3 (2) the substance has currently accepted medical use
1428+4 in treatment in the United States, or currently accepted
1429+5 medical use with severe restrictions; and
1430+6 (3) the misuse abuse of the substance may lead to
1431+7 severe psychological or physiological dependence.
1432+8 (Source: P.A. 97-334, eff. 1-1-12.)
1433+9 (720 ILCS 570/207) (from Ch. 56 1/2, par. 1207)
1434+10 Sec. 207. The Department, taking into consideration the
1435+11 recommendations of its Prescription Monitoring Program
1436+12 Advisory Committee, may issue a rule scheduling a substance in
1437+13 Schedule III if it finds that:
1438+14 (1) the substance has a potential for misuse abuse
1439+15 less than the substances listed in Schedule I and II;
1440+16 (2) the substance has currently accepted medical use
1441+17 in treatment in the United States; and
1442+18 (3) misuse abuse of the substance may lead to moderate
1443+19 or low physiological dependence or high psychological
1444+20 dependence.
1445+21 (Source: P.A. 97-334, eff. 1-1-12.)
1446+22 (720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
1447+23 Sec. 208. (a) The controlled substances listed in this
1448+24 Section are included in Schedule III.
1449+
1450+
1451+
1452+
1453+
1454+ SB0647 Enrolled - 41 - LRB103 03100 RJT 48106 b
1455+
1456+
1457+SB0647 Enrolled- 42 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 42 - LRB103 03100 RJT 48106 b
1458+ SB0647 Enrolled - 42 - LRB103 03100 RJT 48106 b
1459+1 (b) Unless specifically excepted or unless listed in
1460+2 another schedule, any material, compound, mixture, or
1461+3 preparation which contains any quantity of the following
1462+4 substances having a stimulant effect on the central nervous
1463+5 system, including its salts, isomers (whether optical
1464+6 position, or geometric), and salts of such isomers whenever
1465+7 the existence of such salts, isomers, and salts of isomers is
1466+8 possible within the specific chemical designation;
1467+9 (1) Those compounds, mixtures, or preparations in
1468+10 dosage unit form containing any stimulant substances
1469+11 listed in Schedule II which compounds, mixtures, or
1470+12 preparations were listed on August 25, 1971, as excepted
1471+13 compounds under Title 21, Code of Federal Regulations,
1472+14 Section 308.32, and any other drug of the quantitative
1473+15 composition shown in that list for those drugs or which is
1474+16 the same except that it contains a lesser quantity of
1475+17 controlled substances;
1476+18 (2) Benzphetamine;
1477+19 (3) Chlorphentermine;
1478+20 (4) Clortermine;
1479+21 (5) Phendimetrazine.
1480+22 (c) Unless specifically excepted or unless listed in
1481+23 another schedule, any material, compound, mixture, or
1482+24 preparation which contains any quantity of the following
1483+25 substances having a potential for misuse abuse associated with
1484+26 a depressant effect on the central nervous system:
1485+
1486+
1487+
1488+
1489+
1490+ SB0647 Enrolled - 42 - LRB103 03100 RJT 48106 b
1491+
1492+
1493+SB0647 Enrolled- 43 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 43 - LRB103 03100 RJT 48106 b
1494+ SB0647 Enrolled - 43 - LRB103 03100 RJT 48106 b
1495+1 (1) Any compound, mixture, or preparation containing
1496+2 amobarbital, secobarbital, pentobarbital or any salt
1497+3 thereof and one or more other active medicinal ingredients
1498+4 which are not listed in any schedule;
1499+5 (2) Any suppository dosage form containing
1500+6 amobarbital, secobarbital, pentobarbital or any salt of
1501+7 any of these drugs and approved by the Federal Food and
1502+8 Drug Administration for marketing only as a suppository;
1503+9 (3) Any substance which contains any quantity of a
1504+10 derivative of barbituric acid, or any salt thereof:
1505+11 (3.1) Aprobarbital;
1506+12 (3.2) Butabarbital (secbutabarbital);
1507+13 (3.3) Butalbital;
1508+14 (3.4) Butobarbital (butethal);
1509+15 (4) Chlorhexadol;
1510+16 (5) Methyprylon;
1511+17 (6) Sulfondiethylmethane;
1512+18 (7) Sulfonethylmethane;
1513+19 (8) Sulfonmethane;
1514+20 (9) Lysergic acid;
1515+21 (10) Lysergic acid amide;
1516+22 (10.1) Tiletamine or zolazepam or both, or any salt of
1517+23 either of them.
1518+24 Some trade or other names for a tiletamine-zolazepam
1519+25 combination product: Telazol.
1520+26 Some trade or other names for Tiletamine:
1521+
1522+
1523+
1524+
1525+
1526+ SB0647 Enrolled - 43 - LRB103 03100 RJT 48106 b
1527+
1528+
1529+SB0647 Enrolled- 44 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 44 - LRB103 03100 RJT 48106 b
1530+ SB0647 Enrolled - 44 - LRB103 03100 RJT 48106 b
1531+1 2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
1532+2 Some trade or other names for zolazepam:
1533+3 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
1534+4 [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
1535+5 (11) Any material, compound, mixture or preparation
1536+6 containing not more than 12.5 milligrams of pentazocine or
1537+7 any of its salts, per 325 milligrams of aspirin;
1538+8 (12) Any material, compound, mixture or preparation
1539+9 containing not more than 12.5 milligrams of pentazocine or
1540+10 any of its salts, per 325 milligrams of acetaminophen;
1541+11 (13) Any material, compound, mixture or preparation
1542+12 containing not more than 50 milligrams of pentazocine or
1543+13 any of its salts plus naloxone HCl USP 0.5 milligrams, per
1544+14 dosage unit;
1545+15 (14) Ketamine;
1546+16 (15) Thiopental.
1547+17 (d) Nalorphine.
1548+18 (d.5) Buprenorphine.
1549+19 (e) Unless specifically excepted or unless listed in
1550+20 another schedule, any material, compound, mixture, or
1551+21 preparation containing limited quantities of any of the
1552+22 following narcotic drugs, or their salts calculated as the
1553+23 free anhydrous base or alkaloid, as set forth below:
1554+24 (1) not more than 1.8 grams of codeine per 100
1555+25 milliliters or not more than 90 milligrams per dosage
1556+26 unit, with an equal or greater quantity of an isoquinoline
1557+
1558+
1559+
1560+
1561+
1562+ SB0647 Enrolled - 44 - LRB103 03100 RJT 48106 b
1563+
1564+
1565+SB0647 Enrolled- 45 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 45 - LRB103 03100 RJT 48106 b
1566+ SB0647 Enrolled - 45 - LRB103 03100 RJT 48106 b
1567+1 alkaloid of opium;
1568+2 (2) not more than 1.8 grams of codeine per 100
1569+3 milliliters or not more than 90 milligrams per dosage
1570+4 unit, with one or more active non-narcotic ingredients in
1571+5 recognized therapeutic amounts;
1572+6 (3) (blank);
1573+7 (4) (blank);
1574+8 (5) not more than 1.8 grams of dihydrocodeine per 100
1575+9 milliliters or not more than 90 milligrams per dosage
1576+10 unit, with one or more active, non-narcotic ingredients in
1577+11 recognized therapeutic amounts;
1578+12 (6) not more than 300 milligrams of ethylmorphine per
1579+13 100 milliliters or not more than 15 milligrams per dosage
1580+14 unit, with one or more active, non-narcotic ingredients in
1581+15 recognized therapeutic amounts;
1582+16 (7) not more than 500 milligrams of opium per 100
1583+17 milliliters or per 100 grams, or not more than 25
1584+18 milligrams per dosage unit, with one or more active,
1585+19 non-narcotic ingredients in recognized therapeutic
1586+20 amounts;
1587+21 (8) not more than 50 milligrams of morphine per 100
1588+22 milliliters or per 100 grams with one or more active,
1589+23 non-narcotic ingredients in recognized therapeutic
1590+24 amounts.
1591+25 (f) Anabolic steroids, except the following anabolic
1592+26 steroids that are exempt:
1593+
1594+
1595+
1596+
1597+
1598+ SB0647 Enrolled - 45 - LRB103 03100 RJT 48106 b
1599+
1600+
1601+SB0647 Enrolled- 46 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 46 - LRB103 03100 RJT 48106 b
1602+ SB0647 Enrolled - 46 - LRB103 03100 RJT 48106 b
1603+1 (1) Androgyn L.A.;
1604+2 (2) Andro-Estro 90-4;
1605+3 (3) depANDROGYN;
1606+4 (4) DEPO-T.E.;
1607+5 (5) depTESTROGEN;
1608+6 (6) Duomone;
1609+7 (7) DURATESTRIN;
1610+8 (8) DUO-SPAN II;
1611+9 (9) Estratest;
1612+10 (10) Estratest H.S.;
1613+11 (11) PAN ESTRA TEST;
1614+12 (12) Premarin with Methyltestosterone;
1615+13 (13) TEST-ESTRO Cypionates;
1616+14 (14) Testosterone Cyp 50 Estradiol Cyp 2;
1617+15 (15) Testosterone Cypionate-Estradiol Cypionate
1618+16 injection; and
1619+17 (16) Testosterone Enanthate-Estradiol Valerate
1620+18 injection.
1621+19 (g) Hallucinogenic substances.
1622+20 (1) Dronabinol (synthetic) in sesame oil and
1623+21 encapsulated in a soft gelatin capsule in a U.S. Food and
1624+22 Drug Administration approved product. Some other names for
1625+23 dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
1626+24 6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or
1627+25 (-)-delta-9-(trans)-tetrahydrocannabinol.
1628+26 (2) (Reserved).
1629+
1630+
1631+
1632+
1633+
1634+ SB0647 Enrolled - 46 - LRB103 03100 RJT 48106 b
1635+
1636+
1637+SB0647 Enrolled- 47 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 47 - LRB103 03100 RJT 48106 b
1638+ SB0647 Enrolled - 47 - LRB103 03100 RJT 48106 b
1639+1 (h) The Department may except by rule any compound,
1640+2 mixture, or preparation containing any stimulant or depressant
1641+3 substance listed in subsection (b) from the application of all
1642+4 or any part of this Act if the compound, mixture, or
1643+5 preparation contains one or more active medicinal ingredients
1644+6 not having a stimulant or depressant effect on the central
1645+7 nervous system, and if the admixtures are included therein in
1646+8 combinations, quantity, proportion, or concentration that
1647+9 vitiate the potential for misuse abuse of the substances which
1648+10 have a stimulant or depressant effect on the central nervous
1649+11 system.
1650+12 (Source: P.A. 100-368, eff. 1-1-18.)
1651+13 (720 ILCS 570/209) (from Ch. 56 1/2, par. 1209)
1652+14 Sec. 209. The Department, taking into consideration the
1653+15 recommendations of its Prescription Monitoring Program
1654+16 Advisory Committee, may issue a rule scheduling a substance in
1655+17 Schedule IV if it finds that:
1656+18 (1) the substance has a low potential for misuse abuse
1657+19 relative to substances in Schedule III;
1658+20 (2) the substance has currently accepted medical use
1659+21 in treatment in the United States; and
1660+22 (3) misuse abuse of the substance may lead to limited
1661+23 physiological dependence or psychological dependence
1662+24 relative to the substances in Schedule III.
1663+25 (Source: P.A. 97-334, eff. 1-1-12.)
1664+
1665+
1666+
1667+
1668+
1669+ SB0647 Enrolled - 47 - LRB103 03100 RJT 48106 b
1670+
1671+
1672+SB0647 Enrolled- 48 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 48 - LRB103 03100 RJT 48106 b
1673+ SB0647 Enrolled - 48 - LRB103 03100 RJT 48106 b
1674+1 (720 ILCS 570/210) (from Ch. 56 1/2, par. 1210)
1675+2 Sec. 210. (a) The controlled substances listed in this
1676+3 Section are included in Schedule IV.
1677+4 (b) Unless specifically excepted or unless listed in
1678+5 another schedule, any material, compound, mixture, or
1679+6 preparation containing limited quantities of any of the
1680+7 following narcotic drugs, or their salts calculated as the
1681+8 free anhydrous base or alkaloid, as set forth below:
1682+9 (1) Not more than 1 milligram of difenoxin (DEA Drug
1683+10 Code No. 9618) and not less than 25 micrograms of atropine
1684+11 sulfate per dosage unit.
1685+12 (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
1686+13 2-diphenyl-3-methyl-2-propionoxybutane).
1687+14 (c) Unless specifically excepted or unless listed in
1688+15 another schedule, any material, compound, mixture, or
1689+16 preparation which contains any quantity of the following
1690+17 substances having a potential for misuse abuse associated with
1691+18 a depressant effect on the central nervous system:
1692+19 (1) Alprazolam;
1693+20 (2) Barbital;
1694+21 (2.1) Bromazepam;
1695+22 (2.2) Camazepam;
1696+23 (2.3) Carisoprodol;
1697+24 (3) Chloral Betaine;
1698+25 (4) Chloral Hydrate;
1699+
1700+
1701+
1702+
1703+
1704+ SB0647 Enrolled - 48 - LRB103 03100 RJT 48106 b
1705+
1706+
1707+SB0647 Enrolled- 49 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 49 - LRB103 03100 RJT 48106 b
1708+ SB0647 Enrolled - 49 - LRB103 03100 RJT 48106 b
1709+1 (5) Chlordiazepoxide;
1710+2 (5.1) Clobazam;
1711+3 (6) Clonazepam;
1712+4 (7) Clorazepate;
1713+5 (7.1) Clotiazepam;
1714+6 (7.2) Cloxazolam;
1715+7 (7.3) Delorazepam;
1716+8 (8) Diazepam;
1717+9 (8.05) Dichloralphenazone;
1718+10 (8.1) Estazolam;
1719+11 (9) Ethchlorvynol;
1720+12 (10) Ethinamate;
1721+13 (10.1) Ethyl loflazepate;
1722+14 (10.2) Fludiazepam;
1723+15 (10.3) Flunitrazepam;
1724+16 (11) Flurazepam;
1725+17 (11.1) Fospropofol;
1726+18 (12) Halazepam;
1727+19 (12.1) Haloxazolam;
1728+20 (12.2) Ketazolam;
1729+21 (12.3) Loprazolam;
1730+22 (13) Lorazepam;
1731+23 (13.1) Lormetazepam;
1732+24 (14) Mebutamate;
1733+25 (14.1) Medazepam;
1734+26 (15) Meprobamate;
1735+
1736+
1737+
1738+
1739+
1740+ SB0647 Enrolled - 49 - LRB103 03100 RJT 48106 b
1741+
1742+
1743+SB0647 Enrolled- 50 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 50 - LRB103 03100 RJT 48106 b
1744+ SB0647 Enrolled - 50 - LRB103 03100 RJT 48106 b
1745+1 (16) Methohexital;
1746+2 (17) Methylphenobarbital (Mephobarbital);
1747+3 (17.1) Midazolam;
1748+4 (17.2) Nimetazepam;
1749+5 (17.3) Nitrazepam;
1750+6 (17.4) Nordiazepam;
1751+7 (18) Oxazepam;
1752+8 (18.1) Oxazolam;
1753+9 (19) Paraldehyde;
1754+10 (20) Petrichloral;
1755+11 (21) Phenobarbital;
1756+12 (21.1) Pinazepam;
1757+13 (22) Prazepam;
1758+14 (22.1) Quazepam;
1759+15 (23) Temazepam;
1760+16 (23.1) Tetrazepam;
1761+17 (23.2) Tramadol;
1762+18 (24) Triazolam;
1763+19 (24.5) Zaleplon;
1764+20 (25) Zolpidem;
1765+21 (26) Zopiclone.
1766+22 (d) Any material, compound, mixture, or preparation which
1767+23 contains any quantity of the following substances, including
1768+24 its salts, isomers (whether optical, position, or geometric),
1769+25 and salts of such isomers, whenever the existence of such
1770+26 salts, isomers and salts of isomers is possible:
1771+
1772+
1773+
1774+
1775+
1776+ SB0647 Enrolled - 50 - LRB103 03100 RJT 48106 b
1777+
1778+
1779+SB0647 Enrolled- 51 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 51 - LRB103 03100 RJT 48106 b
1780+ SB0647 Enrolled - 51 - LRB103 03100 RJT 48106 b
1781+1 (1) Fenfluramine.
1782+2 (e) Unless specifically excepted or unless listed in
1783+3 another schedule any material, compound, mixture, or
1784+4 preparation which contains any quantity of the following
1785+5 substances having a stimulant effect on the central nervous
1786+6 system, including its salts, isomers (whether optical,
1787+7 position or geometric), and salts of such isomers whenever the
1788+8 existence of such salts, isomers, and salts of isomers is
1789+9 possible within the specific chemical designation:
1790+10 (1) Cathine ((+)-norpseudoephedrine);
1791+11 (1.1) Diethylpropion;
1792+12 (1.2) Fencamfamin;
1793+13 (1.3) Fenproporex;
1794+14 (2) Mazindol;
1795+15 (2.1) Mefenorex;
1796+16 (3) Phentermine;
1797+17 (4) Pemoline (including organometallic complexes and
1798+18 chelates thereof);
1799+19 (5) Pipradrol;
1800+20 (6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
1801+21 (7) Modafinil;
1802+22 (8) Sibutramine.
1803+23 (f) Other Substances. Unless specifically excepted or
1804+24 unless listed in another schedule, any material, compound,
1805+25 mixture, or preparation that contains any quantity of the
1806+26 following substance, including its salts:
1807+
1808+
1809+
1810+
1811+
1812+ SB0647 Enrolled - 51 - LRB103 03100 RJT 48106 b
1813+
1814+
1815+SB0647 Enrolled- 52 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 52 - LRB103 03100 RJT 48106 b
1816+ SB0647 Enrolled - 52 - LRB103 03100 RJT 48106 b
1817+1 (1) Butorphanol (including its optical isomers).
1818+2 (g) The Department may except by rule any compound,
1819+3 mixture, or preparation containing any depressant substance
1820+4 listed in subsection (b) from the application of all or any
1821+5 part of this Act if the compound, mixture, or preparation
1822+6 contains one or more active medicinal ingredients not having a
1823+7 depressant effect on the central nervous system, and if the
1824+8 admixtures are included therein in combinations, quantity,
1825+9 proportion, or concentration that vitiate the potential for
1826+10 misuse abuse of the substances which have a depressant effect
1827+11 on the central nervous system.
1828+12 (h) Except as otherwise provided in Section 216, any
1829+13 material, compound, mixture, or preparation that contains any
1830+14 quantity of the following substance having a stimulant effect
1831+15 on the central nervous system, including its salts,
1832+16 enantiomers (optical isomers) and salts of enantiomers
1833+17 (optical isomers):
1834+18 (1) Ephedrine, its salts, optical isomers and salts of
1835+19 optical isomers.
1836+20 (Source: P.A. 97-334, eff. 1-1-12.)
1837+21 (720 ILCS 570/211) (from Ch. 56 1/2, par. 1211)
1838+22 Sec. 211. The Department, taking into consideration the
1839+23 recommendations of its Prescription Monitoring Program
1840+24 Advisory Committee, may issue a rule scheduling a substance in
1841+25 Schedule V if it finds that:
1842+
1843+
1844+
1845+
1846+
1847+ SB0647 Enrolled - 52 - LRB103 03100 RJT 48106 b
1848+
1849+
1850+SB0647 Enrolled- 53 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 53 - LRB103 03100 RJT 48106 b
1851+ SB0647 Enrolled - 53 - LRB103 03100 RJT 48106 b
1852+1 (1) the substance has low potential for misuse abuse
1853+2 relative to the controlled substances listed in Schedule
1854+3 IV;
1855+4 (2) the substance has currently accepted medical use
1856+5 in treatment in the United States; and
1857+6 (3) misuse abuse of the substance may lead to limited
1858+7 physiological dependence or psychological dependence
1859+8 relative to the substances in Schedule IV, or the
1860+9 substance is a targeted methamphetamine precursor as
1861+10 defined in the Methamphetamine Precursor Control Act.
1862+11 (Source: P.A. 97-334, eff. 1-1-12.)
1863+12 (720 ILCS 570/216)
1864+13 Sec. 216. Ephedrine.
1865+14 (a) The following drug products containing ephedrine, its
1866+15 salts, optical isomers and salts of optical isomers shall be
1867+16 exempt from the application of Sections 312 and 313 of this Act
1868+17 if they: (i) may lawfully be sold over-the-counter without a
1869+18 prescription under the Federal Food, Drug, and Cosmetic Act;
1870+19 (ii) are labeled and marketed in a manner consistent with
1871+20 Section 341.76 of Title 21 of the Code of Federal Regulations;
1872+21 (iii) are manufactured and distributed for legitimate
1873+22 medicinal use in a manner that reduces or eliminates the
1874+23 likelihood of abuse; and (iv) are not marketed, advertised, or
1875+24 labeled for the indications of stimulation, mental alertness,
1876+25 weight loss, muscle enhancement, appetite control, or energy:
1877+
1878+
1879+
1880+
1881+
1882+ SB0647 Enrolled - 53 - LRB103 03100 RJT 48106 b
1883+
1884+
1885+SB0647 Enrolled- 54 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 54 - LRB103 03100 RJT 48106 b
1886+ SB0647 Enrolled - 54 - LRB103 03100 RJT 48106 b
1887+1 (1) Solid oral dosage forms, including soft gelatin
1888+2 caplets, which are formulated pursuant to 21 CFR 341 or
1889+3 its successor, and packaged in blister packs of not more
1890+4 than 2 tablets per blister.
1891+5 (2) Anorectal preparations containing not more than 5%
1892+6 ephedrine.
1893+7 (b) The marketing, advertising, or labeling of any product
1894+8 containing ephedrine, a salt of ephedrine, an optical isomer
1895+9 of ephedrine, or a salt of an optical isomer of ephedrine, for
1896+10 the indications of stimulation, mental alertness, weight loss,
1897+11 appetite control, or energy, is prohibited. In determining
1898+12 compliance with this requirement the Department may consider
1899+13 the following factors:
1900+14 (1) The packaging of the drug product;
1901+15 (2) The name and labeling of the product;
1902+16 (3) The manner of distribution, advertising, and
1903+17 promotion of the product;
1904+18 (4) Verbal representations made concerning the
1905+19 product;
1906+20 (5) The duration, scope, and significance of abuse or
1907+21 misuse of the particular product.
1908+22 (c) A violation of this Section is a Class A misdemeanor. A
1909+23 second or subsequent violation of this Section is a Class 4
1910+24 felony.
1911+25 (d) This Section does not apply to dietary supplements,
1912+26 herbs, or other natural products, including concentrates or
1913+
1914+
1915+
1916+
1917+
1918+ SB0647 Enrolled - 54 - LRB103 03100 RJT 48106 b
1919+
1920+
1921+SB0647 Enrolled- 55 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 55 - LRB103 03100 RJT 48106 b
1922+ SB0647 Enrolled - 55 - LRB103 03100 RJT 48106 b
1923+1 extracts, which:
1924+2 (1) are not otherwise prohibited by law; and
1925+3 (2) may contain naturally occurring ephedrine,
1926+4 ephedrine alkaloids, or pseudoephedrine, or their salts,
1927+5 isomers, or salts of isomers, or a combination of these
1928+6 substances, that:
1929+7 (i) are contained in a matrix of organic material;
1930+8 and
1931+9 (ii) do not exceed 15% of the total weight of the
1932+10 natural product.
1933+11 (e) Nothing in this Section limits the scope or terms of
1934+12 the Methamphetamine Precursor Control Act.
1935+13 (Source: P.A. 94-694, eff. 1-15-06.)
1936+14 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
1937+15 Sec. 312. Requirements for dispensing controlled
1938+16 substances.
1939+17 (a) A practitioner, in good faith, may dispense a Schedule
1940+18 II controlled substance, which is a narcotic drug listed in
1941+19 Section 206 of this Act; or which contains any quantity of
1942+20 amphetamine or methamphetamine, their salts, optical isomers
1943+21 or salts of optical isomers; phenmetrazine and its salts; or
1944+22 pentazocine; and Schedule III, IV, or V controlled substances
1945+23 to any person upon a written or electronic prescription of any
1946+24 prescriber, dated and signed by the person prescribing (or
1947+25 electronically validated in compliance with Section 311.5) on
1948+
1949+
1950+
1951+
1952+
1953+ SB0647 Enrolled - 55 - LRB103 03100 RJT 48106 b
1954+
1955+
1956+SB0647 Enrolled- 56 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 56 - LRB103 03100 RJT 48106 b
1957+ SB0647 Enrolled - 56 - LRB103 03100 RJT 48106 b
1958+1 the day when issued and bearing the name and address of the
1959+2 patient for whom, or the owner of the animal for which the
1960+3 controlled substance is dispensed, and the full name, address
1961+4 and registry number under the laws of the United States
1962+5 relating to controlled substances of the prescriber, if he or
1963+6 she is required by those laws to be registered. If the
1964+7 prescription is for an animal it shall state the species of
1965+8 animal for which it is ordered. The practitioner filling the
1966+9 prescription shall, unless otherwise permitted, write the date
1967+10 of filling and his or her own signature on the face of the
1968+11 written prescription or, alternatively, shall indicate such
1969+12 filling using a unique identifier as defined in paragraph (v)
1970+13 of Section 3 of the Pharmacy Practice Act. The written
1971+14 prescription shall be retained on file by the practitioner who
1972+15 filled it or pharmacy in which the prescription was filled for
1973+16 a period of 2 years, so as to be readily accessible for
1974+17 inspection or removal by any officer or employee engaged in
1975+18 the enforcement of this Act. Whenever the practitioner's or
1976+19 pharmacy's copy of any prescription is removed by an officer
1977+20 or employee engaged in the enforcement of this Act, for the
1978+21 purpose of investigation or as evidence, such officer or
1979+22 employee shall give to the practitioner or pharmacy a receipt
1980+23 in lieu thereof. If the specific prescription is machine or
1981+24 computer generated and printed at the prescriber's office, the
1982+25 date does not need to be handwritten. A prescription for a
1983+26 Schedule II controlled substance shall not be issued for more
1984+
1985+
1986+
1987+
1988+
1989+ SB0647 Enrolled - 56 - LRB103 03100 RJT 48106 b
1990+
1991+
1992+SB0647 Enrolled- 57 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 57 - LRB103 03100 RJT 48106 b
1993+ SB0647 Enrolled - 57 - LRB103 03100 RJT 48106 b
1994+1 than a 30 day supply, except as provided in subsection (a-5),
1995+2 and shall be valid for up to 90 days after the date of
1996+3 issuance. A written prescription for Schedule III, IV or V
1997+4 controlled substances shall not be filled or refilled more
1998+5 than 6 months after the date thereof or refilled more than 5
1999+6 times unless renewed, in writing, by the prescriber. A
2000+7 pharmacy shall maintain a policy regarding the type of
2001+8 identification necessary, if any, to receive a prescription in
2002+9 accordance with State and federal law. The pharmacy must post
2003+10 such information where prescriptions are filled.
2004+11 (a-5) Physicians may issue multiple prescriptions (3
2005+12 sequential 30-day supplies) for the same Schedule II
2006+13 controlled substance, authorizing up to a 90-day supply.
2007+14 Before authorizing a 90-day supply of a Schedule II controlled
2008+15 substance, the physician must meet the following conditions:
2009+16 (1) Each separate prescription must be issued for a
2010+17 legitimate medical purpose by an individual physician
2011+18 acting in the usual course of professional practice.
2012+19 (2) The individual physician must provide written
2013+20 instructions on each prescription (other than the first
2014+21 prescription, if the prescribing physician intends for the
2015+22 prescription to be filled immediately) indicating the
2016+23 earliest date on which a pharmacy may fill that
2017+24 prescription.
2018+25 (3) The physician shall document in the medical record
2019+26 of a patient the medical necessity for the amount and
2020+
2021+
2022+
2023+
2024+
2025+ SB0647 Enrolled - 57 - LRB103 03100 RJT 48106 b
2026+
2027+
2028+SB0647 Enrolled- 58 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 58 - LRB103 03100 RJT 48106 b
2029+ SB0647 Enrolled - 58 - LRB103 03100 RJT 48106 b
2030+1 duration of the 3 sequential 30-day prescriptions for
2031+2 Schedule II narcotics.
2032+3 (a-10) Prescribers who issue a prescription for an opioid
2033+4 shall inform the patient that opioids are addictive and that
2034+5 opioid antagonists are available by prescription or from a
2035+6 pharmacy.
2036+7 (b) In lieu of a written prescription required by this
2037+8 Section, a pharmacist, in good faith, may dispense Schedule
2038+9 III, IV, or V substances to any person either upon receiving a
2039+10 facsimile of a written, signed prescription transmitted by the
2040+11 prescriber or the prescriber's agent or upon a lawful oral
2041+12 prescription of a prescriber which oral prescription shall be
2042+13 reduced promptly to writing by the pharmacist and such written
2043+14 memorandum thereof shall be dated on the day when such oral
2044+15 prescription is received by the pharmacist and shall bear the
2045+16 full name and address of the ultimate user for whom, or of the
2046+17 owner of the animal for which the controlled substance is
2047+18 dispensed, and the full name, address, and registry number
2048+19 under the law of the United States relating to controlled
2049+20 substances of the prescriber prescribing if he or she is
2050+21 required by those laws to be so registered, and the pharmacist
2051+22 filling such oral prescription shall write the date of filling
2052+23 and his or her own signature on the face of such written
2053+24 memorandum thereof. The facsimile copy of the prescription or
2054+25 written memorandum of the oral prescription shall be retained
2055+26 on file by the proprietor of the pharmacy in which it is filled
2056+
2057+
2058+
2059+
2060+
2061+ SB0647 Enrolled - 58 - LRB103 03100 RJT 48106 b
2062+
2063+
2064+SB0647 Enrolled- 59 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 59 - LRB103 03100 RJT 48106 b
2065+ SB0647 Enrolled - 59 - LRB103 03100 RJT 48106 b
2066+1 for a period of not less than two years, so as to be readily
2067+2 accessible for inspection by any officer or employee engaged
2068+3 in the enforcement of this Act in the same manner as a written
2069+4 prescription. The facsimile copy of the prescription or oral
2070+5 prescription and the written memorandum thereof shall not be
2071+6 filled or refilled more than 6 months after the date thereof or
2072+7 be refilled more than 5 times, unless renewed, in writing, by
2073+8 the prescriber.
2074+9 (c) Except for any non-prescription targeted
2075+10 methamphetamine precursor regulated by the Methamphetamine
2076+11 Precursor Control Act, a controlled substance included in
2077+12 Schedule V shall not be distributed or dispensed other than
2078+13 for a medical purpose and not for the purpose of evading this
2079+14 Act, and then:
2080+15 (1) only personally by a person registered to dispense
2081+16 a Schedule V controlled substance and then only to his or
2082+17 her patients, or
2083+18 (2) only personally by a pharmacist, and then only to
2084+19 a person over 21 years of age who has identified himself or
2085+20 herself to the pharmacist by means of 2 positive documents
2086+21 of identification.
2087+22 The dispenser shall record the name and address of the
2088+23 purchaser, the name and quantity of the product, the date and
2089+24 time of the sale, and the dispenser's signature.
2090+25 No person shall purchase or be dispensed more than 120
2091+26 milliliters or more than 120 grams of any Schedule V substance
2092+
2093+
2094+
2095+
2096+
2097+ SB0647 Enrolled - 59 - LRB103 03100 RJT 48106 b
2098+
2099+
2100+SB0647 Enrolled- 60 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 60 - LRB103 03100 RJT 48106 b
2101+ SB0647 Enrolled - 60 - LRB103 03100 RJT 48106 b
2102+1 which contains codeine, dihydrocodeine, or any salts thereof,
2103+2 or ethylmorphine, or any salts thereof, in any 96-hour period.
2104+3 The purchaser shall sign a form, approved by the Department of
2105+4 Financial and Professional Regulation, attesting that he or
2106+5 she has not purchased any Schedule V controlled substances
2107+6 within the immediately preceding 96 hours.
2108+7 All records of purchases and sales shall be maintained for
2109+8 not less than 2 years.
2110+9 No person shall obtain or attempt to obtain within any
2111+10 consecutive 96-hour period any Schedule V substances of more
2112+11 than 120 milliliters or more than 120 grams containing
2113+12 codeine, dihydrocodeine or any of its salts, or ethylmorphine
2114+13 or any of its salts. Any person obtaining any such
2115+14 preparations or combination of preparations in excess of this
2116+15 limitation shall be in unlawful possession of such controlled
2117+16 substance.
2118+17 A person qualified to dispense controlled substances under
2119+18 this Act and registered thereunder shall at no time maintain
2120+19 or keep in stock a quantity of Schedule V controlled
2121+20 substances in excess of 4.5 liters for each substance; a
2122+21 pharmacy shall at no time maintain or keep in stock a quantity
2123+22 of Schedule V controlled substances as defined in excess of
2124+23 4.5 liters for each substance, plus the additional quantity of
2125+24 controlled substances necessary to fill the largest number of
2126+25 prescription orders filled by that pharmacy for such
2127+26 controlled substances in any one week in the previous year.
2128+
2129+
2130+
2131+
2132+
2133+ SB0647 Enrolled - 60 - LRB103 03100 RJT 48106 b
2134+
2135+
2136+SB0647 Enrolled- 61 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 61 - LRB103 03100 RJT 48106 b
2137+ SB0647 Enrolled - 61 - LRB103 03100 RJT 48106 b
2138+1 These limitations shall not apply to Schedule V controlled
2139+2 substances which Federal law prohibits from being dispensed
2140+3 without a prescription.
2141+4 No person shall distribute or dispense butyl nitrite for
2142+5 inhalation or other introduction into the human body for
2143+6 euphoric or physical effect.
2144+7 (d) Every practitioner shall keep a record or log of
2145+8 controlled substances received by him or her and a record of
2146+9 all such controlled substances administered, dispensed or
2147+10 professionally used by him or her otherwise than by
2148+11 prescription. It shall, however, be sufficient compliance with
2149+12 this paragraph if any practitioner utilizing controlled
2150+13 substances listed in Schedules III, IV and V shall keep a
2151+14 record of all those substances dispensed and distributed by
2152+15 him or her other than those controlled substances which are
2153+16 administered by the direct application of a controlled
2154+17 substance, whether by injection, inhalation, ingestion, or any
2155+18 other means to the body of a patient or research subject. A
2156+19 practitioner who dispenses, other than by administering, a
2157+20 controlled substance in Schedule II, which is a narcotic drug
2158+21 listed in Section 206 of this Act, or which contains any
2159+22 quantity of amphetamine or methamphetamine, their salts,
2160+23 optical isomers or salts of optical isomers, pentazocine, or
2161+24 methaqualone shall do so only upon the issuance of a written
2162+25 prescription blank or electronic prescription issued by a
2163+26 prescriber.
2164+
2165+
2166+
2167+
2168+
2169+ SB0647 Enrolled - 61 - LRB103 03100 RJT 48106 b
2170+
2171+
2172+SB0647 Enrolled- 62 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 62 - LRB103 03100 RJT 48106 b
2173+ SB0647 Enrolled - 62 - LRB103 03100 RJT 48106 b
2174+1 (e) Whenever a manufacturer distributes a controlled
2175+2 substance in a package prepared by him or her, and whenever a
2176+3 wholesale distributor distributes a controlled substance in a
2177+4 package prepared by him or her or the manufacturer, he or she
2178+5 shall securely affix to each package in which that substance
2179+6 is contained a label showing in legible English the name and
2180+7 address of the manufacturer, the distributor and the quantity,
2181+8 kind and form of controlled substance contained therein. No
2182+9 person except a pharmacist and only for the purposes of
2183+10 filling a prescription under this Act, shall alter, deface or
2184+11 remove any label so affixed.
2185+12 (f) Whenever a practitioner dispenses any controlled
2186+13 substance except a non-prescription Schedule V product or a
2187+14 non-prescription targeted methamphetamine precursor regulated
2188+15 by the Methamphetamine Precursor Control Act, he or she shall
2189+16 affix to the container in which such substance is sold or
2190+17 dispensed, a label indicating the date of initial filling, the
2191+18 practitioner's name and address, the name of the patient, the
2192+19 name of the prescriber, the directions for use and cautionary
2193+20 statements, if any, contained in any prescription or required
2194+21 by law, the proprietary name or names or the established name
2195+22 of the controlled substance, and the dosage and quantity,
2196+23 except as otherwise authorized by regulation by the Department
2197+24 of Financial and Professional Regulation. No person shall
2198+25 alter, deface or remove any label so affixed as long as the
2199+26 specific medication remains in the container.
2200+
2201+
2202+
2203+
2204+
2205+ SB0647 Enrolled - 62 - LRB103 03100 RJT 48106 b
2206+
2207+
2208+SB0647 Enrolled- 63 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 63 - LRB103 03100 RJT 48106 b
2209+ SB0647 Enrolled - 63 - LRB103 03100 RJT 48106 b
2210+1 (g) A person to whom or for whose use any controlled
2211+2 substance has been prescribed or dispensed by a practitioner,
2212+3 or other persons authorized under this Act, and the owner of
2213+4 any animal for which such substance has been prescribed or
2214+5 dispensed by a veterinarian, may lawfully possess such
2215+6 substance only in the container in which it was delivered to
2216+7 him or her by the person dispensing such substance.
2217+8 (h) The responsibility for the proper prescribing or
2218+9 dispensing of controlled substances that are under the
2219+10 prescriber's direct control is upon the prescriber. The
2220+11 responsibility for the proper filling of a prescription for
2221+12 controlled substance drugs rests with the pharmacist. An order
2222+13 purporting to be a prescription issued to any individual,
2223+14 which is not in the regular course of professional treatment
2224+15 nor part of an authorized methadone maintenance program, nor
2225+16 in legitimate and authorized research instituted by any
2226+17 accredited hospital, educational institution, charitable
2227+18 foundation, or federal, state or local governmental agency,
2228+19 and which is intended to provide that individual with
2229+20 controlled substances sufficient to maintain that individual's
2230+21 or any other individual's physical or psychological addiction,
2231+22 habitual or customary use, dependence, or diversion of that
2232+23 controlled substance is not a prescription within the meaning
2233+24 and intent of this Act; and the person issuing it, shall be
2234+25 subject to the penalties provided for violations of the law
2235+26 relating to controlled substances.
2236+
2237+
2238+
2239+
2240+
2241+ SB0647 Enrolled - 63 - LRB103 03100 RJT 48106 b
2242+
2243+
2244+SB0647 Enrolled- 64 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 64 - LRB103 03100 RJT 48106 b
2245+ SB0647 Enrolled - 64 - LRB103 03100 RJT 48106 b
2246+1 (i) A prescriber shall not pre-print or cause to be
2247+2 pre-printed a prescription for any controlled substance; nor
2248+3 shall any practitioner issue, fill or cause to be issued or
2249+4 filled, a pre-printed prescription for any controlled
2250+5 substance.
2251+6 (i-5) A prescriber may use a machine or electronic device
2252+7 to individually generate a printed prescription, but the
2253+8 prescriber is still required to affix his or her manual
2254+9 signature.
2255+10 (j) No person shall manufacture, dispense, deliver,
2256+11 possess with intent to deliver, prescribe, or administer or
2257+12 cause to be administered under his or her direction any
2258+13 anabolic steroid, for any use in humans other than the
2259+14 treatment of disease in accordance with the order of a
2260+15 physician licensed to practice medicine in all its branches
2261+16 for a valid medical purpose in the course of professional
2262+17 practice. The use of anabolic steroids for the purpose of
2263+18 hormonal manipulation that is intended to increase muscle
2264+19 mass, strength or weight without a medical necessity to do so,
2265+20 or for the intended purpose of improving physical appearance
2266+21 or performance in any form of exercise, sport, or game, is not
2267+22 a valid medical purpose or in the course of professional
2268+23 practice.
2269+24 (k) Controlled substances may be mailed if all of the
2270+25 following conditions are met:
2271+26 (1) The controlled substances are not outwardly
2272+
2273+
2274+
2275+
2276+
2277+ SB0647 Enrolled - 64 - LRB103 03100 RJT 48106 b
2278+
2279+
2280+SB0647 Enrolled- 65 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 65 - LRB103 03100 RJT 48106 b
2281+ SB0647 Enrolled - 65 - LRB103 03100 RJT 48106 b
2282+1 dangerous and are not likely, of their own force, to cause
2283+2 injury to a person's life or health.
2284+3 (2) The inner container of a parcel containing
2285+4 controlled substances must be marked and sealed as
2286+5 required under this Act and its rules, and be placed in a
2287+6 plain outer container or securely wrapped in plain paper.
2288+7 (3) If the controlled substances consist of
2289+8 prescription medicines, the inner container must be
2290+9 labeled to show the name and address of the pharmacy or
2291+10 practitioner dispensing the prescription.
2292+11 (4) The outside wrapper or container must be free of
2293+12 markings that would indicate the nature of the contents.
2294+13 (l) Notwithstanding any other provision of this Act to the
2295+14 contrary, emergency medical services personnel may administer
2296+15 Schedule II, III, IV, or V controlled substances to a person in
2297+16 the scope of their employment without a written, electronic,
2298+17 or oral prescription of a prescriber.
2299+18 (Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23.)
2300+19 (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
2301+20 Sec. 313. (a) Controlled substances which are lawfully
2302+21 administered in hospitals or institutions licensed under the
2303+22 Hospital Licensing Act shall be exempt from the requirements
2304+23 of Sections 312, 315.6, and 316, except that the prescription
2305+24 for the controlled substance shall be in writing on the
2306+25 patient's record, signed by the prescriber, and dated, and
2307+
2308+
2309+
2310+
2311+
2312+ SB0647 Enrolled - 65 - LRB103 03100 RJT 48106 b
2313+
2314+
2315+SB0647 Enrolled- 66 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 66 - LRB103 03100 RJT 48106 b
2316+ SB0647 Enrolled - 66 - LRB103 03100 RJT 48106 b
2317+1 shall state the name and quantity of controlled substances
2318+2 ordered and the quantity actually administered. The records of
2319+3 such prescriptions shall be maintained for two years and shall
2320+4 be available for inspection by officers and employees of the
2321+5 Illinois State Police and the Department of Financial and
2322+6 Professional Regulation.
2323+7 The exemption under this subsection (a) does not apply to
2324+8 a prescription (including an outpatient prescription from an
2325+9 emergency department or outpatient clinic) for more than a
2326+10 72-hour supply of a discharge medication to be consumed
2327+11 outside of the hospital or institution.
2328+12 (b) Controlled substances that can lawfully be
2329+13 administered or dispensed directly to a patient in a long-term
2330+14 care facility licensed by the Department of Public Health as a
2331+15 skilled nursing facility, intermediate care facility, or
2332+16 long-term care facility for residents under 22 years of age,
2333+17 are exempt from the requirements of Section 312 except that a
2334+18 prescription for a Schedule II controlled substance must be
2335+19 either a prescription signed by the prescriber or a
2336+20 prescription transmitted by the prescriber or prescriber's
2337+21 agent to the dispensing pharmacy by facsimile. The facsimile
2338+22 serves as the original prescription and must be maintained for
2339+23 2 years from the date of issue in the same manner as a written
2340+24 prescription signed by the prescriber.
2341+25 (c) A prescription that is generated for a Schedule II
2342+26 controlled substance to be compounded for direct
2343+
2344+
2345+
2346+
2347+
2348+ SB0647 Enrolled - 66 - LRB103 03100 RJT 48106 b
2349+
2350+
2351+SB0647 Enrolled- 67 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 67 - LRB103 03100 RJT 48106 b
2352+ SB0647 Enrolled - 67 - LRB103 03100 RJT 48106 b
2353+1 administration to a patient in a private residence, long-term
2354+2 care facility, or hospice program may be transmitted by
2355+3 facsimile by the prescriber or the prescriber's agent to the
2356+4 pharmacy providing the home infusion services. The facsimile
2357+5 serves as the original prescription for purposes of this
2358+6 paragraph (c) and it shall be maintained in the same manner as
2359+7 the original prescription.
2360+8 (c-1) A prescription generated for a Schedule II
2361+9 controlled substance for a patient residing in a hospice
2362+10 certified by Medicare under Title XVIII of the Social Security
2363+11 Act or licensed by the State may be transmitted by the
2364+12 practitioner or the practitioner's agent to the dispensing
2365+13 pharmacy by facsimile or electronically as provided in Section
2366+14 311.5. The practitioner or practitioner's agent must note on
2367+15 the prescription that the patient is a hospice patient. The
2368+16 facsimile or electronic record serves as the original
2369+17 prescription for purposes of this paragraph (c-1) and it shall
2370+18 be maintained in the same manner as the original prescription.
2371+19 (d) Controlled substances which are lawfully administered
2372+20 and/or dispensed in substance use disorder drug abuse
2373+21 treatment programs licensed by the Department shall be exempt
2374+22 from the requirements of Sections 312 and 316, except that the
2375+23 prescription for such controlled substances shall be issued
2376+24 and authenticated on official prescription logs prepared and
2377+25 maintained in accordance with 77 Ill. Adm. Code 2060:
2378+26 Alcoholism and Substance Abuse Treatment and Intervention
2379+
2380+
2381+
2382+
2383+
2384+ SB0647 Enrolled - 67 - LRB103 03100 RJT 48106 b
2385+
2386+
2387+SB0647 Enrolled- 68 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 68 - LRB103 03100 RJT 48106 b
2388+ SB0647 Enrolled - 68 - LRB103 03100 RJT 48106 b
2389+1 Licenses, and in compliance with other applicable State and
2390+2 federal laws. The Department-licensed drug treatment program
2391+3 shall report applicable prescriptions via electronic record
2392+4 keeping software approved by the Department. This software
2393+5 must be compatible with the specifications of the Department.
2394+6 Substance use disorder Drug abuse treatment programs shall
2395+7 report to the Department methadone prescriptions or
2396+8 medications dispensed through the use of Department-approved
2397+9 File Transfer Protocols (FTPs). Methadone prescription records
2398+10 must be maintained in accordance with the applicable
2399+11 requirements as set forth by the Department in accordance with
2400+12 77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse
2401+13 Treatment and Intervention Licenses, and in compliance with
2402+14 other applicable State and federal laws.
2403+15 (e) Nothing in this Act shall be construed to limit the
2404+16 authority of a hospital pursuant to Section 65-45 of the Nurse
2405+17 Practice Act to grant hospital clinical privileges to an
2406+18 individual advanced practice registered nurse to select, order
2407+19 or administer medications, including controlled substances to
2408+20 provide services within a hospital. Nothing in this Act shall
2409+21 be construed to limit the authority of an ambulatory surgical
2410+22 treatment center pursuant to Section 65-45 of the Nurse
2411+23 Practice Act to grant ambulatory surgical treatment center
2412+24 clinical privileges to an individual advanced practice
2413+25 registered nurse to select, order or administer medications,
2414+26 including controlled substances to provide services within an
2415+
2416+
2417+
2418+
2419+
2420+ SB0647 Enrolled - 68 - LRB103 03100 RJT 48106 b
2421+
2422+
2423+SB0647 Enrolled- 69 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 69 - LRB103 03100 RJT 48106 b
2424+ SB0647 Enrolled - 69 - LRB103 03100 RJT 48106 b
2425+1 ambulatory surgical treatment center.
2426+2 (Source: P.A. 102-608, eff. 8-27-21.)
2427+3 (720 ILCS 570/318)
2428+4 Sec. 318. Confidentiality of information.
2429+5 (a) Information received by the central repository under
2430+6 Section 316 and former Section 321 is confidential.
2431+7 (a-1) To ensure the federal Health Insurance Portability
2432+8 and Accountability Act and confidentiality of substance use
2433+9 disorder patient records rules that mandate the privacy of an
2434+10 individual's prescription data reported to the Prescription
2435+11 Monitoring Program received from a retail dispenser under this
2436+12 Act, and in order to execute the duties and responsibilities
2437+13 under Section 316 of this Act and rules for disclosure under
2438+14 this Section, the Clinical Director of the Prescription
2439+15 Monitoring Program or his or her designee shall maintain
2440+16 direct access to all Prescription Monitoring Program data. Any
2441+17 request for Prescription Monitoring Program data from any
2442+18 other department or agency must be approved in writing by the
2443+19 Clinical Director of the Prescription Monitoring Program or
2444+20 his or her designee unless otherwise permitted by law.
2445+21 Prescription Monitoring Program data shall only be disclosed
2446+22 as permitted by law.
2447+23 (a-2) As an active step to address the current opioid
2448+24 crisis in this State and to prevent and reduce substance use
2449+25 disorders addiction resulting from a sports injury or an
2450+
2451+
2452+
2453+
2454+
2455+ SB0647 Enrolled - 69 - LRB103 03100 RJT 48106 b
2456+
2457+
2458+SB0647 Enrolled- 70 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 70 - LRB103 03100 RJT 48106 b
2459+ SB0647 Enrolled - 70 - LRB103 03100 RJT 48106 b
2460+1 accident, the Prescription Monitoring Program and the
2461+2 Department of Public Health shall coordinate a continuous
2462+3 review of the Prescription Monitoring Program and the
2463+4 Department of Public Health data to determine if a patient may
2464+5 be at risk of opioid use disorder addiction. Each patient
2465+6 discharged from any medical facility with an International
2466+7 Classification of Disease, 10th edition code related to a
2467+8 sport or accident injury shall be subject to the data review.
2468+9 If the discharged patient is dispensed a controlled substance,
2469+10 the Prescription Monitoring Program shall alert the patient's
2470+11 prescriber as to the addiction risk of developing a substance
2471+12 use disorder and urge each to follow the Centers for Disease
2472+13 Control and Prevention guidelines or his or her respective
2473+14 profession's treatment guidelines related to the patient's
2474+15 injury. This subsection (a-2), other than this sentence, is
2475+16 inoperative on or after January 1, 2024.
2476+17 (b) The Department must carry out a program to protect the
2477+18 confidentiality of the information described in subsection
2478+19 (a). The Department may disclose the information to another
2479+20 person only under subsection (c), (d), or (f) and may charge a
2480+21 fee not to exceed the actual cost of furnishing the
2481+22 information.
2482+23 (c) The Department may disclose confidential information
2483+24 described in subsection (a) to any person who is engaged in
2484+25 receiving, processing, or storing the information.
2485+26 (d) The Department may release confidential information
2486+
2487+
2488+
2489+
2490+
2491+ SB0647 Enrolled - 70 - LRB103 03100 RJT 48106 b
2492+
2493+
2494+SB0647 Enrolled- 71 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 71 - LRB103 03100 RJT 48106 b
2495+ SB0647 Enrolled - 71 - LRB103 03100 RJT 48106 b
2496+1 described in subsection (a) to the following persons:
2497+2 (1) A governing body that licenses practitioners and
2498+3 is engaged in an investigation, an adjudication, or a
2499+4 prosecution of a violation under any State or federal law
2500+5 that involves a controlled substance.
2501+6 (2) An investigator for the Consumer Protection
2502+7 Division of the office of the Attorney General, a
2503+8 prosecuting attorney, the Attorney General, a deputy
2504+9 Attorney General, or an investigator from the office of
2505+10 the Attorney General, who is engaged in any of the
2506+11 following activities involving controlled substances:
2507+12 (A) an investigation;
2508+13 (B) an adjudication; or
2509+14 (C) a prosecution of a violation under any State
2510+15 or federal law that involves a controlled substance.
2511+16 (3) A law enforcement officer who is:
2512+17 (A) authorized by the Illinois State Police or the
2513+18 office of a county sheriff or State's Attorney or
2514+19 municipal police department of Illinois to receive
2515+20 information of the type requested for the purpose of
2516+21 investigations involving controlled substances; or
2517+22 (B) approved by the Department to receive
2518+23 information of the type requested for the purpose of
2519+24 investigations involving controlled substances; and
2520+25 (C) engaged in the investigation or prosecution of
2521+26 a violation under any State or federal law that
2522+
2523+
2524+
2525+
2526+
2527+ SB0647 Enrolled - 71 - LRB103 03100 RJT 48106 b
2528+
2529+
2530+SB0647 Enrolled- 72 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 72 - LRB103 03100 RJT 48106 b
2531+ SB0647 Enrolled - 72 - LRB103 03100 RJT 48106 b
2532+1 involves a controlled substance.
2533+2 (4) Select representatives of the Department of
2534+3 Children and Family Services through the indirect online
2535+4 request process. Access shall be established by an
2536+5 intergovernmental agreement between the Department of
2537+6 Children and Family Services and the Department of Human
2538+7 Services.
2539+8 (e) Before the Department releases confidential
2540+9 information under subsection (d), the applicant must
2541+10 demonstrate in writing to the Department that:
2542+11 (1) the applicant has reason to believe that a
2543+12 violation under any State or federal law that involves a
2544+13 controlled substance has occurred; and
2545+14 (2) the requested information is reasonably related to
2546+15 the investigation, adjudication, or prosecution of the
2547+16 violation described in subdivision (1).
2548+17 (f) The Department may receive and release prescription
2549+18 record information under Section 316 and former Section 321
2550+19 to:
2551+20 (1) a governing body that licenses practitioners;
2552+21 (2) an investigator for the Consumer Protection
2553+22 Division of the office of the Attorney General, a
2554+23 prosecuting attorney, the Attorney General, a deputy
2555+24 Attorney General, or an investigator from the office of
2556+25 the Attorney General;
2557+26 (3) any Illinois law enforcement officer who is:
2558+
2559+
2560+
2561+
2562+
2563+ SB0647 Enrolled - 72 - LRB103 03100 RJT 48106 b
2564+
2565+
2566+SB0647 Enrolled- 73 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 73 - LRB103 03100 RJT 48106 b
2567+ SB0647 Enrolled - 73 - LRB103 03100 RJT 48106 b
2568+1 (A) authorized to receive the type of information
2569+2 released; and
2570+3 (B) approved by the Department to receive the type
2571+4 of information released; or
2572+5 (4) prescription monitoring entities in other states
2573+6 per the provisions outlined in subsection (g) and (h)
2574+7 below;
2575+8 confidential prescription record information collected under
2576+9 Sections 316 and 321 (now repealed) that identifies vendors or
2577+10 practitioners, or both, who are prescribing or dispensing
2578+11 large quantities of Schedule II, III, IV, or V controlled
2579+12 substances outside the scope of their practice, pharmacy, or
2580+13 business, as determined by the Advisory Committee created by
2581+14 Section 320.
2582+15 (f-5) In accordance with a confidentiality agreement
2583+16 entered into with the Department, a medical director, or a
2584+17 public health administrator and their delegated analysts, of a
2585+18 county or municipal health department or the Department of
2586+19 Public Health shall have access to data from the system for any
2587+20 of the following purposes:
2588+21 (1) developing education programs or public health
2589+22 interventions relating to prescribing trends and
2590+23 controlled substance use; or
2591+24 (2) conducting analyses and publish reports on
2592+25 prescribing trends in their respective jurisdictions.
2593+26 At a minimum, the confidentiality agreement entered into
2594+
2595+
2596+
2597+
2598+
2599+ SB0647 Enrolled - 73 - LRB103 03100 RJT 48106 b
2600+
2601+
2602+SB0647 Enrolled- 74 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 74 - LRB103 03100 RJT 48106 b
2603+ SB0647 Enrolled - 74 - LRB103 03100 RJT 48106 b
2604+1 with the Department shall:
2605+2 (i) prohibit analysis and reports produced under
2606+3 subparagraph (2) from including information that
2607+4 identifies, by name, license, or address, any
2608+5 practitioner, dispenser, ultimate user, or other person
2609+6 administering a controlled substance; and
2610+7 (ii) specify the appropriate technical and physical
2611+8 safeguards that the county or municipal health department
2612+9 must implement to ensure the privacy and security of data
2613+10 obtained from the system. The data from the system shall
2614+11 not be admissible as evidence, nor discoverable in any
2615+12 action of any kind in any court or before any tribunal,
2616+13 board, agency, or person. The disclosure of any such
2617+14 information or data, whether proper or improper, shall not
2618+15 waive or have any effect upon its confidentiality,
2619+16 non-discoverability, or non-admissibility.
2620+17 (g) The information described in subsection (f) may not be
2621+18 released until it has been reviewed by an employee of the
2622+19 Department who is licensed as a prescriber or a dispenser and
2623+20 until that employee has certified that further investigation
2624+21 is warranted. However, failure to comply with this subsection
2625+22 (g) does not invalidate the use of any evidence that is
2626+23 otherwise admissible in a proceeding described in subsection
2627+24 (h).
2628+25 (h) An investigator or a law enforcement officer receiving
2629+26 confidential information under subsection (c), (d), or (f) may
2630+
2631+
2632+
2633+
2634+
2635+ SB0647 Enrolled - 74 - LRB103 03100 RJT 48106 b
2636+
2637+
2638+SB0647 Enrolled- 75 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 75 - LRB103 03100 RJT 48106 b
2639+ SB0647 Enrolled - 75 - LRB103 03100 RJT 48106 b
2640+1 disclose the information to a law enforcement officer or an
2641+2 attorney for the office of the Attorney General for use as
2642+3 evidence in the following:
2643+4 (1) A proceeding under any State or federal law that
2644+5 involves a controlled substance.
2645+6 (2) A criminal proceeding or a proceeding in juvenile
2646+7 court that involves a controlled substance.
2647+8 (i) The Department may compile statistical reports from
2648+9 the information described in subsection (a). The reports must
2649+10 not include information that identifies, by name, license or
2650+11 address, any practitioner, dispenser, ultimate user, or other
2651+12 person administering a controlled substance.
2652+13 (j) Based upon federal, initial and maintenance funding, a
2653+14 prescriber and dispenser inquiry system shall be developed to
2654+15 assist the health care community in its goal of effective
2655+16 clinical practice and to prevent patients from diverting or
2656+17 abusing medications.
2657+18 (1) An inquirer shall have read-only access to a
2658+19 stand-alone database which shall contain records for the
2659+20 previous 12 months.
2660+21 (2) Dispensers may, upon positive and secure
2661+22 identification, make an inquiry on a patient or customer
2662+23 solely for a medical purpose as delineated within the
2663+24 federal HIPAA law.
2664+25 (3) The Department shall provide a one-to-one secure
2665+26 link and encrypted software necessary to establish the
2666+
2667+
2668+
2669+
2670+
2671+ SB0647 Enrolled - 75 - LRB103 03100 RJT 48106 b
2672+
2673+
2674+SB0647 Enrolled- 76 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 76 - LRB103 03100 RJT 48106 b
2675+ SB0647 Enrolled - 76 - LRB103 03100 RJT 48106 b
2676+1 link between an inquirer and the Department. Technical
2677+2 assistance shall also be provided.
2678+3 (4) Written inquiries are acceptable but must include
2679+4 the fee and the requester's Drug Enforcement
2680+5 Administration license number and submitted upon the
2681+6 requester's business stationery.
2682+7 (5) As directed by the Prescription Monitoring Program
2683+8 Advisory Committee and the Clinical Director for the
2684+9 Prescription Monitoring Program, aggregate data that does
2685+10 not indicate any prescriber, practitioner, dispenser, or
2686+11 patient may be used for clinical studies.
2687+12 (6) Tracking analysis shall be established and used
2688+13 per administrative rule.
2689+14 (7) Nothing in this Act or Illinois law shall be
2690+15 construed to require a prescriber or dispenser to make use
2691+16 of this inquiry system.
2692+17 (8) If there is an adverse outcome because of a
2693+18 prescriber or dispenser making an inquiry, which is
2694+19 initiated in good faith, the prescriber or dispenser shall
2695+20 be held harmless from any civil liability.
2696+21 (k) The Department shall establish, by rule, the process
2697+22 by which to evaluate possible erroneous association of
2698+23 prescriptions to any licensed prescriber or end user of the
2699+24 Illinois Prescription Information Library (PIL).
2700+25 (l) The Prescription Monitoring Program Advisory Committee
2701+26 is authorized to evaluate the need for and method of
2702+
2703+
2704+
2705+
2706+
2707+ SB0647 Enrolled - 76 - LRB103 03100 RJT 48106 b
2708+
2709+
2710+SB0647 Enrolled- 77 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 77 - LRB103 03100 RJT 48106 b
2711+ SB0647 Enrolled - 77 - LRB103 03100 RJT 48106 b
2712+1 establishing a patient specific identifier.
2713+2 (m) Patients who identify prescriptions attributed to them
2714+3 that were not obtained by them shall be given access to their
2715+4 personal prescription history pursuant to the validation
2716+5 process as set forth by administrative rule.
2717+6 (n) The Prescription Monitoring Program is authorized to
2718+7 develop operational push reports to entities with compatible
2719+8 electronic medical records. The process shall be covered
2720+9 within administrative rule established by the Department.
2721+10 (o) Hospital emergency departments and freestanding
2722+11 healthcare facilities providing healthcare to walk-in patients
2723+12 may obtain, for the purpose of improving patient care, a
2724+13 unique identifier for each shift to utilize the PIL system.
2725+14 (p) The Prescription Monitoring Program shall
2726+15 automatically create a log-in to the inquiry system when a
2727+16 prescriber or dispenser obtains or renews his or her
2728+17 controlled substance license. The Department of Financial and
2729+18 Professional Regulation must provide the Prescription
2730+19 Monitoring Program with electronic access to the license
2731+20 information of a prescriber or dispenser to facilitate the
2732+21 creation of this profile. The Prescription Monitoring Program
2733+22 shall send the prescriber or dispenser information regarding
2734+23 the inquiry system, including instructions on how to log into
2735+24 the system, instructions on how to use the system to promote
2736+25 effective clinical practice, and opportunities for continuing
2737+26 education for the prescribing of controlled substances. The
2738+
2739+
2740+
2741+
2742+
2743+ SB0647 Enrolled - 77 - LRB103 03100 RJT 48106 b
2744+
2745+
2746+SB0647 Enrolled- 78 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 78 - LRB103 03100 RJT 48106 b
2747+ SB0647 Enrolled - 78 - LRB103 03100 RJT 48106 b
2748+1 Prescription Monitoring Program shall also send to all
2749+2 enrolled prescribers, dispensers, and designees information
2750+3 regarding the unsolicited reports produced pursuant to Section
2751+4 314.5 of this Act.
2752+5 (q) A prescriber or dispenser may authorize a designee to
2753+6 consult the inquiry system established by the Department under
2754+7 this subsection on his or her behalf, provided that all the
2755+8 following conditions are met:
2756+9 (1) the designee so authorized is employed by the same
2757+10 hospital or health care system; is employed by the same
2758+11 professional practice; or is under contract with such
2759+12 practice, hospital, or health care system;
2760+13 (2) the prescriber or dispenser takes reasonable steps
2761+14 to ensure that such designee is sufficiently competent in
2762+15 the use of the inquiry system;
2763+16 (3) the prescriber or dispenser remains responsible
2764+17 for ensuring that access to the inquiry system by the
2765+18 designee is limited to authorized purposes and occurs in a
2766+19 manner that protects the confidentiality of the
2767+20 information obtained from the inquiry system, and remains
2768+21 responsible for any breach of confidentiality; and
2769+22 (4) the ultimate decision as to whether or not to
2770+23 prescribe or dispense a controlled substance remains with
2771+24 the prescriber or dispenser.
2772+25 The Prescription Monitoring Program shall send to
2773+26 registered designees information regarding the inquiry system,
2774+
2775+
2776+
2777+
2778+
2779+ SB0647 Enrolled - 78 - LRB103 03100 RJT 48106 b
2780+
2781+
2782+SB0647 Enrolled- 79 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 79 - LRB103 03100 RJT 48106 b
2783+ SB0647 Enrolled - 79 - LRB103 03100 RJT 48106 b
2784+1 including instructions on how to log onto the system.
2785+2 (r) The Prescription Monitoring Program shall maintain an
2786+3 Internet website in conjunction with its prescriber and
2787+4 dispenser inquiry system. This website shall include, at a
2788+5 minimum, the following information:
2789+6 (1) current clinical guidelines developed by health
2790+7 care professional organizations on the prescribing of
2791+8 opioids or other controlled substances as determined by
2792+9 the Advisory Committee;
2793+10 (2) accredited continuing education programs related
2794+11 to prescribing of controlled substances;
2795+12 (3) programs or information developed by health care
2796+13 professionals that may be used to assess patients or help
2797+14 ensure compliance with prescriptions;
2798+15 (4) updates from the Food and Drug Administration, the
2799+16 Centers for Disease Control and Prevention, and other
2800+17 public and private organizations which are relevant to
2801+18 prescribing;
2802+19 (5) relevant medical studies related to prescribing;
2803+20 (6) other information regarding the prescription of
2804+21 controlled substances; and
2805+22 (7) information regarding prescription drug disposal
2806+23 events, including take-back programs or other disposal
2807+24 options or events.
2808+25 The content of the Internet website shall be periodically
2809+26 reviewed by the Prescription Monitoring Program Advisory
2810+
2811+
2812+
2813+
2814+
2815+ SB0647 Enrolled - 79 - LRB103 03100 RJT 48106 b
2816+
2817+
2818+SB0647 Enrolled- 80 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 80 - LRB103 03100 RJT 48106 b
2819+ SB0647 Enrolled - 80 - LRB103 03100 RJT 48106 b
2820+1 Committee as set forth in Section 320 and updated in
2821+2 accordance with the recommendation of the advisory committee.
2822+3 (s) The Prescription Monitoring Program shall regularly
2823+4 send electronic updates to the registered users of the
2824+5 Program. The Prescription Monitoring Program Advisory
2825+6 Committee shall review any communications sent to registered
2826+7 users and also make recommendations for communications as set
2827+8 forth in Section 320. These updates shall include the
2828+9 following information:
2829+10 (1) opportunities for accredited continuing education
2830+11 programs related to prescribing of controlled substances;
2831+12 (2) current clinical guidelines developed by health
2832+13 care professional organizations on the prescribing of
2833+14 opioids or other drugs as determined by the Advisory
2834+15 Committee;
2835+16 (3) programs or information developed by health care
2836+17 professionals that may be used to assess patients or help
2837+18 ensure compliance with prescriptions;
2838+19 (4) updates from the Food and Drug Administration, the
2839+20 Centers for Disease Control and Prevention, and other
2840+21 public and private organizations which are relevant to
2841+22 prescribing;
2842+23 (5) relevant medical studies related to prescribing;
2843+24 (6) other information regarding prescribing of
2844+25 controlled substances;
2845+26 (7) information regarding prescription drug disposal
2846+
2847+
2848+
2849+
2850+
2851+ SB0647 Enrolled - 80 - LRB103 03100 RJT 48106 b
2852+
2853+
2854+SB0647 Enrolled- 81 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 81 - LRB103 03100 RJT 48106 b
2855+ SB0647 Enrolled - 81 - LRB103 03100 RJT 48106 b
2856+1 events, including take-back programs or other disposal
2857+2 options or events; and
2858+3 (8) reminders that the Prescription Monitoring Program
2859+4 is a useful clinical tool.
2860+5 (t) Notwithstanding any other provision of this Act,
2861+6 neither the Prescription Monitoring Program nor any other
2862+7 person shall disclose any information in violation of the
2863+8 restrictions and requirements of paragraph (3.5) of subsection
2864+9 (a) of Section 316 as implemented under Public Act 102-527.
2865+10 (Source: P.A. 102-751, eff. 1-1-23.)
2866+11 (720 ILCS 570/320)
2867+12 Sec. 320. Advisory committee.
2868+13 (a) There is created a Prescription Monitoring Program
2869+14 Advisory Committee to assist the Department of Human Services
2870+15 and Department of Public Health in implementing the
2871+16 Prescription Monitoring Program created by this Article and to
2872+17 advise the Department on the professional performance of
2873+18 prescribers and dispensers and other matters germane to the
2874+19 advisory committee's field of competence.
2875+20 (b) The Prescription Monitoring Program Advisory Committee
2876+21 shall consist of 15 members appointed by the Clinical Director
2877+22 of the Prescription Monitoring Program composed of prescribers
2878+23 and dispensers licensed to practice medicine in his or her
2879+24 respective profession as follows: one family or primary care
2880+25 physician; one pain specialist physician; 4 other physicians,
2881+
2882+
2883+
2884+
2885+
2886+ SB0647 Enrolled - 81 - LRB103 03100 RJT 48106 b
2887+
2888+
2889+SB0647 Enrolled- 82 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 82 - LRB103 03100 RJT 48106 b
2890+ SB0647 Enrolled - 82 - LRB103 03100 RJT 48106 b
2891+1 one of whom may be an ophthalmologist; 2 advanced practice
2892+2 registered nurses; one physician assistant; one optometrist;
2893+3 one dentist; one clinical representative from a statewide
2894+4 organization representing hospitals; and 3 pharmacists. The
2895+5 Advisory Committee members serving on August 26, 2018 (the
2896+6 effective date of Public Act 100-1093) shall continue to serve
2897+7 until January 1, 2019. Prescriber and dispenser nominations
2898+8 for membership on the Committee shall be submitted by their
2899+9 respective professional associations. If there are more
2900+10 nominees than membership positions for a prescriber or
2901+11 dispenser category, as provided in this subsection (b), the
2902+12 Clinical Director of the Prescription Monitoring Program shall
2903+13 appoint a member or members for each profession as provided in
2904+14 this subsection (b), from the nominations to serve on the
2905+15 advisory committee. At the first meeting of the Committee in
2906+16 2019 members shall draw lots for initial terms and 6 members
2907+17 shall serve 3 years, 5 members shall serve 2 years, and 5
2908+18 members shall serve one year. Thereafter, members shall serve
2909+19 3-year terms. Members may serve more than one term but no more
2910+20 than 3 terms. The Clinical Director of the Prescription
2911+21 Monitoring Program may appoint a representative of an
2912+22 organization representing a profession required to be
2913+23 appointed. The Clinical Director of the Prescription
2914+24 Monitoring Program shall serve as the Secretary of the
2915+25 committee.
2916+26 (c) The advisory committee may appoint a chairperson and
2917+
2918+
2919+
2920+
2921+
2922+ SB0647 Enrolled - 82 - LRB103 03100 RJT 48106 b
2923+
2924+
2925+SB0647 Enrolled- 83 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 83 - LRB103 03100 RJT 48106 b
2926+ SB0647 Enrolled - 83 - LRB103 03100 RJT 48106 b
2927+1 other officers as it deems appropriate.
2928+2 (d) The members of the advisory committee shall receive no
2929+3 compensation for their services as members of the advisory
2930+4 committee, unless appropriated by the General Assembly, but
2931+5 may be reimbursed for their actual expenses incurred in
2932+6 serving on the advisory committee.
2933+7 (e) The advisory committee shall:
2934+8 (1) provide a uniform approach to reviewing this Act
2935+9 in order to determine whether changes should be
2936+10 recommended to the General Assembly;
2937+11 (2) review current drug schedules in order to manage
2938+12 changes to the administrative rules pertaining to the
2939+13 utilization of this Act;
2940+14 (3) review the following: current clinical guidelines
2941+15 developed by health care professional organizations on the
2942+16 prescribing of opioids or other controlled substances;
2943+17 accredited continuing education programs related to
2944+18 prescribing and dispensing; programs or information
2945+19 developed by health care professional organizations that
2946+20 may be used to assess patients or help ensure compliance
2947+21 with prescriptions; updates from the Food and Drug
2948+22 Administration, the Centers for Disease Control and
2949+23 Prevention, and other public and private organizations
2950+24 which are relevant to prescribing and dispensing; relevant
2951+25 medical studies; and other publications which involve the
2952+26 prescription of controlled substances;
2953+
2954+
2955+
2956+
2957+
2958+ SB0647 Enrolled - 83 - LRB103 03100 RJT 48106 b
2959+
2960+
2961+SB0647 Enrolled- 84 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 84 - LRB103 03100 RJT 48106 b
2962+ SB0647 Enrolled - 84 - LRB103 03100 RJT 48106 b
2963+1 (4) make recommendations for inclusion of these
2964+2 materials or other studies which may be effective
2965+3 resources for prescribers and dispensers on the Internet
2966+4 website of the inquiry system established under Section
2967+5 318;
2968+6 (5) semi-annually review the content of the Internet
2969+7 website of the inquiry system established pursuant to
2970+8 Section 318 to ensure this Internet website has the most
2971+9 current available information;
2972+10 (6) semi-annually review opportunities for federal
2973+11 grants and other forms of funding to support projects
2974+12 which will increase the number of pilot programs which
2975+13 integrate the inquiry system with electronic health
2976+14 records; and
2977+15 (7) semi-annually review communication to be sent to
2978+16 all registered users of the inquiry system established
2979+17 pursuant to Section 318, including recommendations for
2980+18 relevant accredited continuing education and information
2981+19 regarding prescribing and dispensing.
2982+20 (f) The Advisory Committee shall select from its members
2983+21 10 members of the Peer Review Committee composed of:
2984+22 (1) 3 physicians;
2985+23 (2) 3 pharmacists;
2986+24 (3) one dentist;
2987+25 (4) one advanced practice registered nurse;
2988+26 (4.5) (blank);
2989+
2990+
2991+
2992+
2993+
2994+ SB0647 Enrolled - 84 - LRB103 03100 RJT 48106 b
2995+
2996+
2997+SB0647 Enrolled- 85 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 85 - LRB103 03100 RJT 48106 b
2998+ SB0647 Enrolled - 85 - LRB103 03100 RJT 48106 b
2999+1 (5) one physician assistant; and
3000+2 (6) one optometrist.
3001+3 The purpose of the Peer Review Committee is to establish a
3002+4 formal peer review of professional performance of prescribers
3003+5 and dispensers. The deliberations, information, and
3004+6 communications of the Peer Review Committee are privileged and
3005+7 confidential and shall not be disclosed in any manner except
3006+8 in accordance with current law.
3007+9 (1) The Peer Review Committee shall periodically
3008+10 review the data contained within the prescription
3009+11 monitoring program to identify those prescribers or
3010+12 dispensers who may be prescribing or dispensing outside
3011+13 the currently accepted standard and practice of their
3012+14 profession. The Peer Review Committee member, whose
3013+15 profession is the same as the prescriber or dispenser
3014+16 being reviewed, shall prepare a preliminary report and
3015+17 recommendation for any non-action or action. The
3016+18 Prescription Monitoring Program Clinical Director and
3017+19 staff shall provide the necessary assistance and data as
3018+20 required.
3019+21 (2) The Peer Review Committee may identify prescribers
3020+22 or dispensers who may be prescribing outside the currently
3021+23 accepted medical standards in the course of their
3022+24 professional practice and send the identified prescriber
3023+25 or dispenser a request for information regarding their
3024+26 prescribing or dispensing practices. This request for
3025+
3026+
3027+
3028+
3029+
3030+ SB0647 Enrolled - 85 - LRB103 03100 RJT 48106 b
3031+
3032+
3033+SB0647 Enrolled- 86 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 86 - LRB103 03100 RJT 48106 b
3034+ SB0647 Enrolled - 86 - LRB103 03100 RJT 48106 b
3035+1 information shall be sent via certified mail, return
3036+2 receipt requested. A prescriber or dispenser shall have 30
3037+3 days to respond to the request for information.
3038+4 (3) The Peer Review Committee shall refer a prescriber
3039+5 or a dispenser to the Department of Financial and
3040+6 Professional Regulation in the following situations:
3041+7 (i) if a prescriber or dispenser does not respond
3042+8 to three successive requests for information;
3043+9 (ii) in the opinion of a majority of members of the
3044+10 Peer Review Committee, the prescriber or dispenser
3045+11 does not have a satisfactory explanation for the
3046+12 practices identified by the Peer Review Committee in
3047+13 its request for information; or
3048+14 (iii) following communications with the Peer
3049+15 Review Committee, the prescriber or dispenser does not
3050+16 sufficiently rectify the practices identified in the
3051+17 request for information in the opinion of a majority
3052+18 of the members of the Peer Review Committee.
3053+19 (4) The Department of Financial and Professional
3054+20 Regulation may initiate an investigation and discipline in
3055+21 accordance with current laws and rules for any prescriber
3056+22 or dispenser referred by the Peer Review Committee.
3057+23 (5) The Peer Review Committee shall prepare an annual
3058+24 report starting on July 1, 2017. This report shall contain
3059+25 the following information: the number of times the Peer
3060+26 Review Committee was convened; the number of prescribers
3061+
3062+
3063+
3064+
3065+
3066+ SB0647 Enrolled - 86 - LRB103 03100 RJT 48106 b
3067+
3068+
3069+SB0647 Enrolled- 87 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 87 - LRB103 03100 RJT 48106 b
3070+ SB0647 Enrolled - 87 - LRB103 03100 RJT 48106 b
3071+1 or dispensers who were reviewed by the Peer Review
3072+2 Committee; the number of requests for information sent out
3073+3 by the Peer Review Committee; and the number of
3074+4 prescribers or dispensers referred to the Department of
3075+5 Financial and Professional Regulation. The annual report
3076+6 shall be delivered electronically to the Department and to
3077+7 the General Assembly. The report to the General Assembly
3078+8 shall be filed with the Clerk of the House of
3079+9 Representatives and the Secretary of the Senate in
3080+10 electronic form only, in the manner that the Clerk and the
3081+11 Secretary shall direct. The report prepared by the Peer
3082+12 Review Committee shall not identify any prescriber,
3083+13 dispenser, or patient.
3084+14 (Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18;
3085+15 100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff.
3086+16 8-16-19.)
3087+17 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
3088+18 Sec. 410. (a) Whenever any person who has not previously
3089+19 been convicted of any felony offense under this Act or any law
3090+20 of the United States or of any State relating to cannabis or
3091+21 controlled substances, pleads guilty to or is found guilty of
3092+22 possession of a controlled or counterfeit substance under
3093+23 subsection (c) of Section 402 or of unauthorized possession of
3094+24 prescription form under Section 406.2, the court, without
3095+25 entering a judgment and with the consent of such person, may
3096+
3097+
3098+
3099+
3100+
3101+ SB0647 Enrolled - 87 - LRB103 03100 RJT 48106 b
3102+
3103+
3104+SB0647 Enrolled- 88 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 88 - LRB103 03100 RJT 48106 b
3105+ SB0647 Enrolled - 88 - LRB103 03100 RJT 48106 b
3106+1 sentence him or her to probation.
3107+2 (b) When a person is placed on probation, the court shall
3108+3 enter an order specifying a period of probation of 24 months
3109+4 and shall defer further proceedings in the case until the
3110+5 conclusion of the period or until the filing of a petition
3111+6 alleging violation of a term or condition of probation.
3112+7 (c) The conditions of probation shall be that the person:
3113+8 (1) not violate any criminal statute of any jurisdiction; (2)
3114+9 refrain from possessing a firearm or other dangerous weapon;
3115+10 (3) submit to periodic drug testing at a time and in a manner
3116+11 as ordered by the court, but no less than 3 times during the
3117+12 period of the probation, with the cost of the testing to be
3118+13 paid by the probationer; and (4) perform no less than 30 hours
3119+14 of community service, provided community service is available
3120+15 in the jurisdiction and is funded and approved by the county
3121+16 board. The court may give credit toward the fulfillment of
3122+17 community service hours for participation in activities and
3123+18 treatment as determined by court services.
3124+19 (d) The court may, in addition to other conditions,
3125+20 require that the person:
3126+21 (1) make a report to and appear in person before or
3127+22 participate with the court or such courts, person, or
3128+23 social service agency as directed by the court in the
3129+24 order of probation;
3130+25 (2) pay a fine and costs;
3131+26 (3) work or pursue a course of study or vocational
3132+
3133+
3134+
3135+
3136+
3137+ SB0647 Enrolled - 88 - LRB103 03100 RJT 48106 b
3138+
3139+
3140+SB0647 Enrolled- 89 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 89 - LRB103 03100 RJT 48106 b
3141+ SB0647 Enrolled - 89 - LRB103 03100 RJT 48106 b
3142+1 training;
3143+2 (4) undergo medical or psychiatric treatment; or
3144+3 treatment or rehabilitation approved by the Illinois
3145+4 Department of Human Services;
3146+5 (5) attend or reside in a facility established for the
3147+6 instruction or residence of defendants on probation;
3148+7 (6) support his or her dependents;
3149+8 (6-5) refrain from having in his or her body the
3150+9 presence of any illicit drug prohibited by the Cannabis
3151+10 Control Act, the Illinois Controlled Substances Act, or
3152+11 the Methamphetamine Control and Community Protection Act,
3153+12 unless prescribed by a physician, and submit samples of
3154+13 his or her blood or urine or both for tests to determine
3155+14 the presence of any illicit drug;
3156+15 (7) and in addition, if a minor:
3157+16 (i) reside with his or her parents or in a foster
3158+17 home;
3159+18 (ii) attend school;
3160+19 (iii) attend a non-residential program for youth;
3161+20 (iv) contribute to his or her own support at home
3162+21 or in a foster home.
3163+22 (e) Upon violation of a term or condition of probation,
3164+23 the court may enter a judgment on its original finding of guilt
3165+24 and proceed as otherwise provided.
3166+25 (f) Upon fulfillment of the terms and conditions of
3167+26 probation, the court shall discharge the person and dismiss
3168+
3169+
3170+
3171+
3172+
3173+ SB0647 Enrolled - 89 - LRB103 03100 RJT 48106 b
3174+
3175+
3176+SB0647 Enrolled- 90 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 90 - LRB103 03100 RJT 48106 b
3177+ SB0647 Enrolled - 90 - LRB103 03100 RJT 48106 b
3178+1 the proceedings against him or her.
3179+2 (g) A disposition of probation is considered to be a
3180+3 conviction for the purposes of imposing the conditions of
3181+4 probation and for appeal, however, discharge and dismissal
3182+5 under this Section is not a conviction for purposes of this Act
3183+6 or for purposes of disqualifications or disabilities imposed
3184+7 by law upon conviction of a crime.
3185+8 (h) A person may not have more than one discharge and
3186+9 dismissal under this Section within a 4-year period.
3187+10 (i) If a person is convicted of an offense under this Act,
3188+11 the Cannabis Control Act, or the Methamphetamine Control and
3189+12 Community Protection Act within 5 years subsequent to a
3190+13 discharge and dismissal under this Section, the discharge and
3191+14 dismissal under this Section shall be admissible in the
3192+15 sentencing proceeding for that conviction as evidence in
3193+16 aggravation.
3194+17 (j) Notwithstanding subsection (a), before a person is
3195+18 sentenced to probation under this Section, the court may refer
3196+19 the person to the drug court established in that judicial
3197+20 circuit pursuant to Section 15 of the Drug Court Treatment
3198+21 Act. The drug court team shall evaluate the person's
3199+22 likelihood of successfully completing a sentence of probation
3200+23 under this Section and shall report the results of its
3201+24 evaluation to the court. If the drug court team finds that the
3202+25 person suffers from a substance use disorder abuse problem
3203+26 that makes him or her substantially unlikely to successfully
3204+
3205+
3206+
3207+
3208+
3209+ SB0647 Enrolled - 90 - LRB103 03100 RJT 48106 b
3210+
3211+
3212+SB0647 Enrolled- 91 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 91 - LRB103 03100 RJT 48106 b
3213+ SB0647 Enrolled - 91 - LRB103 03100 RJT 48106 b
3214+1 complete a sentence of probation under this Section, then the
3215+2 drug court shall set forth its findings in the form of a
3216+3 written order, and the person shall not be sentenced to
3217+4 probation under this Section, but shall be considered for the
3218+5 drug court program.
3219+6 (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
3220+7 100-575, eff. 1-8-18.)
3221+8 (720 ILCS 570/411.2)
3222+9 Sec. 411.2. Drug Treatment Fund; drug treatment grants.
3223+10 (a) (Blank).
3224+11 (b) (Blank).
3225+12 (c) (Blank).
3226+13 (d) (Blank).
3227+14 (e) (Blank).
3228+15 (f) (Blank).
3229+16 (g) (Blank).
3230+17 (h) The Drug Treatment Fund is hereby established as a
3231+18 special fund within the State Treasury. The Department of
3232+19 Human Services may make grants to persons licensed under
3233+20 Section 15-10 of the Substance Use Disorder Act or to
3234+21 municipalities or counties from funds appropriated to the
3235+22 Department from the Drug Treatment Fund for the treatment of
3236+23 pregnant women who have a substance use disorder are addicted
3237+24 to alcohol, cannabis, or controlled substances and for the
3238+25 needed care of minor, unemancipated children of women
3239+
3240+
3241+
3242+
3243+
3244+ SB0647 Enrolled - 91 - LRB103 03100 RJT 48106 b
3245+
3246+
3247+SB0647 Enrolled- 92 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 92 - LRB103 03100 RJT 48106 b
3248+ SB0647 Enrolled - 92 - LRB103 03100 RJT 48106 b
3249+1 undergoing residential drug treatment. If the Department of
3250+2 Human Services grants funds to a municipality or a county that
3251+3 the Department determines is not experiencing a healthcare
3252+4 need of problem with pregnant women with a substance use
3253+5 disorder addicted to alcohol, cannabis, or controlled
3254+6 substances, or with care for minor, unemancipated children of
3255+7 women undergoing residential drug treatment, or intervention,
3256+8 the funds shall be used for the treatment of any person with a
3257+9 substance use disorder addicted to alcohol, cannabis, or
3258+10 controlled substances. The Department may adopt such rules as
3259+11 it deems appropriate for the administration of such grants.
3260+12 (i) (Blank).
3261+13 (Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19;
3262+14 101-81, eff. 7-12-19.)
3263+15 (720 ILCS 570/413) (from Ch. 56 1/2, par. 1413)
3264+16 Sec. 413. (a) Twelve and one-half percent of all amounts
3265+17 collected as fines pursuant to the provisions of this Article
3266+18 shall be paid into the Youth Drug Abuse Prevention Fund, which
3267+19 is hereby created in the State treasury, to be used by the
3268+20 Department for the funding of programs and services for
3269+21 substance use disorder drug-abuse treatment, and prevention
3270+22 and education services, for juveniles.
3271+23 (b) Eighty-seven and one-half percent of the proceeds of
3272+24 all fines received under the provisions of this Article shall
3273+25 be transmitted to and deposited in the treasurer's office at
3274+
3275+
3276+
3277+
3278+
3279+ SB0647 Enrolled - 92 - LRB103 03100 RJT 48106 b
3280+
3281+
3282+SB0647 Enrolled- 93 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 93 - LRB103 03100 RJT 48106 b
3283+ SB0647 Enrolled - 93 - LRB103 03100 RJT 48106 b
3284+1 the level of government as follows:
3285+2 (1) If such seizure was made by a combination of law
3286+3 enforcement personnel representing differing units of
3287+4 local government, the court levying the fine shall
3288+5 equitably allocate 50% of the fine among these units of
3289+6 local government and shall allocate 37 1/2% to the county
3290+7 general corporate fund. In the event that the seizure was
3291+8 made by law enforcement personnel representing a unit of
3292+9 local government from a municipality where the number of
3293+10 inhabitants exceeds 2 million in population, the court
3294+11 levying the fine shall allocate 87 1/2% of the fine to that
3295+12 unit of local government. If the seizure was made by a
3296+13 combination of law enforcement personnel representing
3297+14 differing units of local government, and at least one of
3298+15 those units represents a municipality where the number of
3299+16 inhabitants exceeds 2 million in population, the court
3300+17 shall equitably allocate 87 1/2% of the proceeds of the
3301+18 fines received among the differing units of local
3302+19 government.
3303+20 (2) If such seizure was made by State law enforcement
3304+21 personnel, then the court shall allocate 37 1/2% to the
3305+22 State treasury and 50% to the county general corporate
3306+23 fund.
3307+24 (3) If a State law enforcement agency in combination
3308+25 with a law enforcement agency or agencies of a unit or
3309+26 units of local government conducted the seizure, the court
3310+
3311+
3312+
3313+
3314+
3315+ SB0647 Enrolled - 93 - LRB103 03100 RJT 48106 b
3316+
3317+
3318+SB0647 Enrolled- 94 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 94 - LRB103 03100 RJT 48106 b
3319+ SB0647 Enrolled - 94 - LRB103 03100 RJT 48106 b
3320+1 shall equitably allocate 37 1/2% of the fines to or among
3321+2 the law enforcement agency or agencies of the unit or
3322+3 units of local government which conducted the seizure and
3323+4 shall allocate 50% to the county general corporate fund.
3324+5 (c) The proceeds of all fines allocated to the law
3325+6 enforcement agency or agencies of the unit or units of local
3326+7 government pursuant to subsection (b) shall be made available
3327+8 to that law enforcement agency as expendable receipts for use
3328+9 in the enforcement of laws regulating cannabis,
3329+10 methamphetamine, and other controlled substances. The proceeds
3330+11 of fines awarded to the State treasury shall be deposited in a
3331+12 special fund known as the Drug Traffic Prevention Fund, except
3332+13 that amounts distributed to the Secretary of State shall be
3333+14 deposited into the Secretary of State Evidence Fund to be used
3334+15 as provided in Section 2-115 of the Illinois Vehicle Code.
3335+16 Monies from this fund may be used by the Illinois State Police
3336+17 or use in the enforcement of laws regulating cannabis,
3337+18 methamphetamine, and other controlled substances; to satisfy
3338+19 funding provisions of the Intergovernmental Drug Laws
3339+20 Enforcement Act; to defray costs and expenses associated with
3340+21 returning violators of the Cannabis Control Act and this Act
3341+22 only, as provided in those Acts, when punishment of the crime
3342+23 shall be confinement of the criminal in the penitentiary; and
3343+24 all other monies shall be paid into the general revenue fund in
3344+25 the State treasury.
3345+26 (Source: P.A. 97-334, eff. 1-1-12.)
3346+
3347+
3348+
3349+
3350+
3351+ SB0647 Enrolled - 94 - LRB103 03100 RJT 48106 b
3352+
3353+
3354+SB0647 Enrolled- 95 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 95 - LRB103 03100 RJT 48106 b
3355+ SB0647 Enrolled - 95 - LRB103 03100 RJT 48106 b
3356+1 (720 ILCS 570/504) (from Ch. 56 1/2, par. 1504)
3357+2 Sec. 504. (a) The Director and the Secretary of the
3358+3 Department of Financial and Professional Regulation shall each
3359+4 cooperate with Federal agencies and other State agencies in
3360+5 discharging his or her responsibilities concerning traffic in
3361+6 controlled substances and in suppressing the misuse and abuse
3362+7 of controlled substances. To this end he or she may:
3363+8 (1) arrange for the exchange of information among
3364+9 governmental officials concerning the use and misuse ,
3365+10 misuse and abuse of controlled substances;
3366+11 (2) coordinate and cooperate in training programs
3367+12 concerning controlled substance law enforcement at local
3368+13 and State levels;
3369+14 (3) cooperate with the federal Drug Enforcement
3370+15 Administration or its successor agency; and
3371+16 (4) conduct programs of eradication aimed at
3372+17 destroying wild illicit growth of plant species from which
3373+18 controlled substances may be extracted.
3374+19 (b) Results, information, and evidence received from the
3375+20 Drug Enforcement Administration relating to the regulatory
3376+21 functions of this Act, including results of inspections
3377+22 conducted by it may be relied and acted upon by the Director
3378+23 and the Secretary of the Department of Financial and
3379+24 Professional Regulation in the exercise of their regulatory
3380+25 functions under this Act.
3381+
3382+
3383+
3384+
3385+
3386+ SB0647 Enrolled - 95 - LRB103 03100 RJT 48106 b
3387+
3388+
3389+SB0647 Enrolled- 96 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 96 - LRB103 03100 RJT 48106 b
3390+ SB0647 Enrolled - 96 - LRB103 03100 RJT 48106 b
3391+1 (Source: P.A. 97-334, eff. 1-1-12.)
3392+2 (720 ILCS 570/508) (from Ch. 56 1/2, par. 1508)
3393+3 Sec. 508. (a) The Department shall encourage research on
3394+4 controlled substances. In connection with the research, and in
3395+5 furtherance of the purposes of this Act, the Department may:
3396+6 (1) establish methods to assess accurately the effect
3397+7 of controlled substances and identify and characterize
3398+8 those with potential for misuse abuse;
3399+9 (2) make studies and undertake programs of research
3400+10 to:
3401+11 (i) develop new or improved approaches,
3402+12 techniques, systems, equipment and devices to
3403+13 strengthen the enforcement of this Act;
3404+14 (ii) determine patterns of use and misuse , misuse,
3405+15 and abuse of controlled substances and their social
3406+16 effects; and
3407+17 (iii) improve methods for preventing, predicting,
3408+18 understanding, and dealing with the use and misuse ,
3409+19 misuse and abuse of controlled substances; and
3410+20 (3) enter into contracts with public agencies,
3411+21 educational institutions, and private organizations or
3412+22 individuals for the purpose of conducting research,
3413+23 demonstrations, or special projects which relate to the
3414+24 use and misuse , misuse and abuse of controlled substances.
3415+25 (b) Persons authorized to engage in research may be
3416+
3417+
3418+
3419+
3420+
3421+ SB0647 Enrolled - 96 - LRB103 03100 RJT 48106 b
3422+
3423+
3424+SB0647 Enrolled- 97 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 97 - LRB103 03100 RJT 48106 b
3425+ SB0647 Enrolled - 97 - LRB103 03100 RJT 48106 b
3426+1 authorized by the Department to protect the privacy of
3427+2 individuals who are the subjects of such research by
3428+3 withholding from all persons not connected with the conduct of
3429+4 the research the names and other identifying characteristics
3430+5 of such individuals. Persons who are given this authorization
3431+6 shall not be compelled in any civil, criminal, administrative,
3432+7 legislative or other proceeding to identify the individuals
3433+8 who are the subjects of research for which the authorization
3434+9 was granted, except to the extent necessary to permit the
3435+10 Department to determine whether the research is being
3436+11 conducted in accordance with the authorization.
3437+12 (c) The Department may authorize the possession and
3438+13 dispensing of controlled substances by persons engaged in
3439+14 research, upon such terms and conditions as may be consistent
3440+15 with the public health and safety. The Department may also
3441+16 approve research and treatment programs involving the
3442+17 administration of Methadone. The use of Methadone, or any
3443+18 similar controlled substance by any person is prohibited in
3444+19 this State except as approved and authorized by the Department
3445+20 in accordance with its rules and regulations. To the extent of
3446+21 the applicable authorization, persons are exempt from
3447+22 prosecution in this State for possession, manufacture or
3448+23 delivery of controlled substances.
3449+24 (d) Practitioners registered under Federal law to conduct
3450+25 research with Schedule I substances may conduct research with
3451+26 Schedule I substances within this State upon furnishing
3452+
3453+
3454+
3455+
3456+
3457+ SB0647 Enrolled - 97 - LRB103 03100 RJT 48106 b
3458+
3459+
3460+SB0647 Enrolled- 98 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 98 - LRB103 03100 RJT 48106 b
3461+ SB0647 Enrolled - 98 - LRB103 03100 RJT 48106 b
3462+1 evidence of that Federal registration and notification of the
3463+2 scope and purpose of such research to the Department.
3464+3 (Source: P.A. 96-328, eff. 8-11-09.)
3465+4 (720 ILCS 570/509) (from Ch. 56 1/2, par. 1509)
3466+5 Sec. 509. Whenever any court in this State grants
3467+6 probation to any person that the court has reason to believe is
3468+7 or has a substance use disorder been an addict or unlawful
3469+8 possessor of controlled substances, the court shall require,
3470+9 as a condition of probation, that the probationer submit to
3471+10 periodic tests by the Department of Corrections to determine
3472+11 by means of appropriate chemical detection tests whether the
3473+12 probationer is using controlled substances. The court may
3474+13 require as a condition of probation that the probationer enter
3475+14 an approved treatment program, if the court determines that
3476+15 the probationer has a substance use disorder of is addicted to
3477+16 a controlled substance. Whenever the Prisoner Review Board
3478+17 grants parole or the Department of Juvenile Justice grants
3479+18 aftercare release to a person believed to have been an
3480+19 unlawful possessor or person with a substance use disorder
3481+20 addict of controlled substances, the Board or Department shall
3482+21 require as a condition of parole or aftercare release that the
3483+22 parolee or aftercare releasee submit to appropriate periodic
3484+23 chemical tests by the Department of Corrections or the
3485+24 Department of Juvenile Justice to determine whether the
3486+25 parolee or aftercare releasee is using controlled substances.
3487+
3488+
3489+
3490+
3491+
3492+ SB0647 Enrolled - 98 - LRB103 03100 RJT 48106 b
3493+
3494+
3495+SB0647 Enrolled- 99 -LRB103 03100 RJT 48106 b SB0647 Enrolled - 99 - LRB103 03100 RJT 48106 b
3496+ SB0647 Enrolled - 99 - LRB103 03100 RJT 48106 b
3497+1 (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
3498+
3499+
3500+
3501+
3502+
3503+ SB0647 Enrolled - 99 - LRB103 03100 RJT 48106 b