Bill Text: IL HB0488 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Controlled Substances Act. Provides that any written prescription for a Schedule II controlled substance may be filled within 90 (rather than 7) days after issuance.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2009-08-10 - Public Act . . . . . . . . . 96-0166 [HB0488 Detail]

Download: Illinois-2009-HB0488-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Controlled Substances Act is
amended by changing Section 312 as follows:
(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
Sec. 312. Requirements for dispensing controlled
substances.
(a) A practitioner, in good faith, may dispense a Schedule
II controlled substance, which is a narcotic drug listed in
Section 206 of this Act; or which contains any quantity of
amphetamine or methamphetamine, their salts, optical isomers
or salts of optical isomers; phenmetrazine and its salts; or
pentazocine; and Schedule III, IV, or V controlled substances
to any person upon a written prescription of any prescriber,
dated and signed by the person prescribing on the day when
issued and bearing the name and address of the patient for
whom, or the owner of the animal for which the controlled
substance is dispensed, and the full name, address and registry
number under the laws of the United States relating to
controlled substances of the prescriber, if he is required by
those laws to be registered. If the prescription is for an
animal it shall state the species of animal for which it is

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ordered. The practitioner filling the prescription shall write
the date of filling and his own signature on the face of the
written prescription. The written prescription shall be
retained on file by the practitioner who filled it or pharmacy
in which the prescription was filled for a period of 2 years,
so as to be readily accessible for inspection or removal by any
officer or employee engaged in the enforcement of this Act.
Whenever the practitioner's or pharmacy's copy of any
prescription is removed by an officer or employee engaged in
the enforcement of this Act, for the purpose of investigation
or as evidence, such officer or employee shall give to the
practitioner or pharmacy a receipt in lieu thereof. A
prescription for a Schedule II controlled substance shall not
be filled more than 90 7 days after the date of issuance. A
written prescription for Schedule III, IV or V controlled
substances shall not be filled or refilled more than 6 months
after the date thereof or refilled more than 5 times unless
renewed, in writing, by the prescriber.
(b) In lieu of a written prescription required by this
Section, a pharmacist, in good faith, may dispense Schedule
III, IV, or V substances to any person either upon receiving a
facsimile of a written, signed prescription transmitted by the
prescriber or the prescriber's agent or upon a lawful oral
prescription of a prescriber which oral prescription shall be
reduced promptly to writing by the pharmacist and such written
memorandum thereof shall be dated on the day when such oral

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prescription is received by the pharmacist and shall bear the
full name and address of the ultimate user for whom, or of the
owner of the animal for which the controlled substance is
dispensed, and the full name, address, and registry number
under the law of the United States relating to controlled
substances of the prescriber prescribing if he is required by
those laws to be so registered, and the pharmacist filling such
oral prescription shall write the date of filling and his own
signature on the face of such written memorandum thereof. The
facsimile copy of the prescription or written memorandum of the
oral prescription shall be retained on file by the proprietor
of the pharmacy in which it is filled for a period of not less
than two years, so as to be readily accessible for inspection
by any officer or employee engaged in the enforcement of this
Act in the same manner as a written prescription. The facsimile
copy of the prescription or oral prescription and the written
memorandum thereof shall not be filled or refilled more than 6
months after the date thereof or be refilled more than 5 times,
unless renewed, in writing, by the prescriber.
(c) Except for any non-prescription targeted
methamphetamine precursor regulated by the Methamphetamine
Precursor Control Act, a controlled substance included in
Schedule V shall not be distributed or dispensed other than for
a medical purpose and not for the purpose of evading this Act,
and then:
(1) only personally by a person registered to dispense

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a Schedule V controlled substance and then only to his
patients, or
(2) only personally by a pharmacist, and then only to a
person over 21 years of age who has identified himself to
the pharmacist by means of 2 positive documents of
identification.
(3) the dispenser shall record the name and address of
the purchaser, the name and quantity of the product, the
date and time of the sale, and the dispenser's signature.
(4) no person shall purchase or be dispensed more than
120 milliliters or more than 120 grams of any Schedule V
substance which contains codeine, dihydrocodeine, or any
salts thereof, or ethylmorphine, or any salts thereof, in
any 96 hour period. The purchaser shall sign a form,
approved by the Department of Professional Regulation,
attesting that he has not purchased any Schedule V
controlled substances within the immediately preceding 96
hours.
(5) a copy of the records of sale, including all
information required by paragraph (3), shall be forwarded
to the Department of Professional Regulation at its
principal office by the 15th day of the following month.
(6) all records of purchases and sales shall be
maintained for not less than 2 years.
(7) no person shall obtain or attempt to obtain within
any consecutive 96 hour period any Schedule V substances of

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more than 120 milliliters or more than 120 grams containing
codeine, dihydrocodeine or any of its salts, or
ethylmorphine or any of its salts. Any person obtaining any
such preparations or combination of preparations in excess
of this limitation shall be in unlawful possession of such
controlled substance.
(8) a person qualified to dispense controlled
substances under this Act and registered thereunder shall
at no time maintain or keep in stock a quantity of Schedule
V controlled substances defined and listed in Section 212
(b) (1), (2) or (3) in excess of 4.5 liters for each
substance; a pharmacy shall at no time maintain or keep in
stock a quantity of Schedule V controlled substances as
defined in excess of 4.5 liters for each substance, plus
the additional quantity of controlled substances necessary
to fill the largest number of prescription orders filled by
that pharmacy for such controlled substances in any one
week in the previous year. These limitations shall not
apply to Schedule V controlled substances which Federal law
prohibits from being dispensed without a prescription.
(9) no person shall distribute or dispense butyl
nitrite for inhalation or other introduction into the human
body for euphoric or physical effect.
(d) Every practitioner shall keep a record of controlled
substances received by him and a record of all such controlled
substances administered, dispensed or professionally used by

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him otherwise than by prescription. It shall, however, be
sufficient compliance with this paragraph if any practitioner
utilizing controlled substances listed in Schedules III, IV and
V shall keep a record of all those substances dispensed and
distributed by him other than those controlled substances which
are administered by the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any
other means to the body of a patient or research subject. A
practitioner who dispenses, other than by administering, a
controlled substance in Schedule II, which is a narcotic drug
listed in Section 206 of this Act, or which contains any
quantity of amphetamine or methamphetamine, their salts,
optical isomers or salts of optical isomers, pentazocine, or
methaqualone shall do so only upon the issuance of a written
prescription blank by a prescriber.
(e) Whenever a manufacturer distributes a controlled
substance in a package prepared by him, and whenever a
wholesale distributor distributes a controlled substance in a
package prepared by him or the manufacturer, he shall securely
affix to each package in which that substance is contained a
label showing in legible English the name and address of the
manufacturer, the distributor and the quantity, kind and form
of controlled substance contained therein. No person except a
pharmacist and only for the purposes of filling a prescription
under this Act, shall alter, deface or remove any label so
affixed.

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(f) Whenever a practitioner dispenses any controlled
substance except a non-prescription targeted methamphetamine
precursor regulated by the Methamphetamine Precursor Control
Act, he shall affix to the container in which such substance is
sold or dispensed, a label indicating the date of initial
filling, the practitioner's name and address, the name of the
patient, the name of the prescriber, the directions for use and
cautionary statements, if any, contained in any prescription or
required by law, the proprietary name or names or the
established name of the controlled substance, and the dosage
and quantity, except as otherwise authorized by regulation by
the Department of Professional Regulation. No person shall
alter, deface or remove any label so affixed.
(g) A person to whom or for whose use any controlled
substance has been prescribed or dispensed by a practitioner,
or other persons authorized under this Act, and the owner of
any animal for which such substance has been prescribed or
dispensed by a veterinarian, may lawfully possess such
substance only in the container in which it was delivered to
him by the person dispensing such substance.
(h) The responsibility for the proper prescribing or
dispensing of controlled substances is upon the prescriber and
the responsibility for the proper filling of a prescription for
controlled substance drugs rests with the pharmacist. An order
purporting to be a prescription issued to any individual, which
is not in the regular course of professional treatment nor part

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of an authorized methadone maintenance program, nor in
legitimate and authorized research instituted by any
accredited hospital, educational institution, charitable
foundation, or federal, state or local governmental agency, and
which is intended to provide that individual with controlled
substances sufficient to maintain that individual's or any
other individual's physical or psychological addiction,
habitual or customary use, dependence, or diversion of that
controlled substance is not a prescription within the meaning
and intent of this Act; and the person issuing it, shall be
subject to the penalties provided for violations of the law
relating to controlled substances.
(i) A prescriber shall not preprint or cause to be
preprinted a prescription for any controlled substance; nor
shall any practitioner issue, fill or cause to be issued or
filled, a preprinted prescription for any controlled
substance.
(j) No person shall manufacture, dispense, deliver,
possess with intent to deliver, prescribe, or administer or
cause to be administered under his direction any anabolic
steroid, for any use in humans other than the treatment of
disease in accordance with the order of a physician licensed to
practice medicine in all its branches for a valid medical
purpose in the course of professional practice. The use of
anabolic steroids for the purpose of hormonal manipulation that
is intended to increase muscle mass, strength or weight without

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a medical necessity to do so, or for the intended purpose of
improving physical appearance or performance in any form of
exercise, sport, or game, is not a valid medical purpose or in
the course of professional practice.
(Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)