Bill Text: IL HB4098 | 2013-2014 | 98th General Assembly | Amended


Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning eavesdropping.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4098 Detail]

Download: Illinois-2013-HB4098-Amended.html

Rep. Emily McAsey

Filed: 4/8/2014

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1
AMENDMENT TO HOUSE BILL 4098
2 AMENDMENT NO. ______. Amend House Bill 4098 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 312 as follows:
6 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
7 Sec. 312. Requirements for dispensing controlled
8substances.
9 (a) A practitioner, in good faith, may dispense a Schedule
10II controlled substance, which is a narcotic drug listed in
11Section 206 of this Act; or which contains any quantity of
12amphetamine or methamphetamine, their salts, optical isomers
13or salts of optical isomers; phenmetrazine and its salts; or
14pentazocine; and Schedule III, IV, or V controlled substances
15to any person upon a written or electronic prescription of any
16prescriber, dated and signed by the person prescribing (or

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1electronically validated in compliance with Section 311.5) on
2the day when issued and bearing the name and address of the
3patient for whom, or the owner of the animal for which the
4controlled substance is dispensed, and the full name, address
5and registry number under the laws of the United States
6relating to controlled substances of the prescriber, if he or
7she is required by those laws to be registered. If the
8prescription is for an animal it shall state the species of
9animal for which it is ordered. The practitioner filling the
10prescription shall, unless otherwise permitted, write the date
11of filling and his or her own signature on the face of the
12written prescription or, alternatively, shall indicate such
13filling using a unique identifier as defined in paragraph (v)
14of Section 3 of the Pharmacy Practice Act. The written
15prescription shall be retained on file by the practitioner who
16filled it or pharmacy in which the prescription was filled for
17a period of 2 years, so as to be readily accessible for
18inspection or removal by any officer or employee engaged in the
19enforcement of this Act. Whenever the practitioner's or
20pharmacy's copy of any prescription is removed by an officer or
21employee engaged in the enforcement of this Act, for the
22purpose of investigation or as evidence, such officer or
23employee shall give to the practitioner or pharmacy a receipt
24in lieu thereof. If the specific prescription is machine or
25computer generated and printed at the prescriber's office, the
26date does not need to be handwritten. A prescription for a

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1Schedule II controlled substance shall not be issued for more
2than a 30 day supply, except as provided in subsection (a-5),
3and shall be valid for up to 90 days after the date of
4issuance. A written prescription for Schedule III, IV or V
5controlled substances shall not be filled or refilled more than
66 months after the date thereof or refilled more than 5 times
7unless renewed, in writing, by the prescriber.
8 (a-5) Physicians may issue multiple prescriptions (3
9sequential 30-day supplies) for the same Schedule II controlled
10substance, authorizing up to a 90-day supply. Before
11authorizing a 90-day supply of a Schedule II controlled
12substance, the physician must meet both of the following
13conditions:
14 (1) Each separate prescription must be issued for a
15 legitimate medical purpose by an individual physician
16 acting in the usual course of professional practice.
17 (2) The individual physician must provide written
18 instructions on each prescription (other than the first
19 prescription, if the prescribing physician intends for the
20 prescription to be filled immediately) indicating the
21 earliest date on which a pharmacy may fill that
22 prescription.
23 (3) For a Schedule II controlled substance of an
24 extended-release formulation, which contains hydrocodone,
25 the patient must attend an in-person visit with the initial
26 prescribing physician.

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1 (b) In lieu of a written prescription required by this
2Section, a pharmacist, in good faith, may dispense Schedule
3III, IV, or V substances to any person either upon receiving a
4facsimile of a written, signed prescription transmitted by the
5prescriber or the prescriber's agent or upon a lawful oral
6prescription of a prescriber which oral prescription shall be
7reduced promptly to writing by the pharmacist and such written
8memorandum thereof shall be dated on the day when such oral
9prescription is received by the pharmacist and shall bear the
10full name and address of the ultimate user for whom, or of the
11owner of the animal for which the controlled substance is
12dispensed, and the full name, address, and registry number
13under the law of the United States relating to controlled
14substances of the prescriber prescribing if he or she is
15required by those laws to be so registered, and the pharmacist
16filling such oral prescription shall write the date of filling
17and his or her own signature on the face of such written
18memorandum thereof. The facsimile copy of the prescription or
19written memorandum of the oral prescription shall be retained
20on file by the proprietor of the pharmacy in which it is filled
21for a period of not less than two years, so as to be readily
22accessible for inspection by any officer or employee engaged in
23the enforcement of this Act in the same manner as a written
24prescription. The facsimile copy of the prescription or oral
25prescription and the written memorandum thereof shall not be
26filled or refilled more than 6 months after the date thereof or

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1be refilled more than 5 times, unless renewed, in writing, by
2the prescriber.
3 (c) Except for any non-prescription targeted
4methamphetamine precursor regulated by the Methamphetamine
5Precursor Control Act, a controlled substance included in
6Schedule V shall not be distributed or dispensed other than for
7a medical purpose and not for the purpose of evading this Act,
8and then:
9 (1) only personally by a person registered to dispense
10 a Schedule V controlled substance and then only to his or
11 her patients, or
12 (2) only personally by a pharmacist, and then only to a
13 person over 21 years of age who has identified himself or
14 herself to the pharmacist by means of 2 positive documents
15 of identification.
16 (3) the dispenser shall record the name and address of
17 the purchaser, the name and quantity of the product, the
18 date and time of the sale, and the dispenser's signature.
19 (4) no person shall purchase or be dispensed more than
20 120 milliliters or more than 120 grams of any Schedule V
21 substance which contains codeine, dihydrocodeine, or any
22 salts thereof, or ethylmorphine, or any salts thereof, in
23 any 96 hour period. The purchaser shall sign a form,
24 approved by the Department of Financial and Professional
25 Regulation, attesting that he or she has not purchased any
26 Schedule V controlled substances within the immediately

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1 preceding 96 hours.
2 (5) (Blank).
3 (6) all records of purchases and sales shall be
4 maintained for not less than 2 years.
5 (7) no person shall obtain or attempt to obtain within
6 any consecutive 96 hour period any Schedule V substances of
7 more than 120 milliliters or more than 120 grams containing
8 codeine, dihydrocodeine or any of its salts, or
9 ethylmorphine or any of its salts. Any person obtaining any
10 such preparations or combination of preparations in excess
11 of this limitation shall be in unlawful possession of such
12 controlled substance.
13 (8) a person qualified to dispense controlled
14 substances under this Act and registered thereunder shall
15 at no time maintain or keep in stock a quantity of Schedule
16 V controlled substances in excess of 4.5 liters for each
17 substance; a pharmacy shall at no time maintain or keep in
18 stock a quantity of Schedule V controlled substances as
19 defined in excess of 4.5 liters for each substance, plus
20 the additional quantity of controlled substances necessary
21 to fill the largest number of prescription orders filled by
22 that pharmacy for such controlled substances in any one
23 week in the previous year. These limitations shall not
24 apply to Schedule V controlled substances which Federal law
25 prohibits from being dispensed without a prescription.
26 (9) no person shall distribute or dispense butyl

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1 nitrite for inhalation or other introduction into the human
2 body for euphoric or physical effect.
3 (d) Every practitioner shall keep a record or log of
4controlled substances received by him or her and a record of
5all such controlled substances administered, dispensed or
6professionally used by him or her otherwise than by
7prescription. It shall, however, be sufficient compliance with
8this paragraph if any practitioner utilizing controlled
9substances listed in Schedules III, IV and V shall keep a
10record of all those substances dispensed and distributed by him
11or her other than those controlled substances which are
12administered by the direct application of a controlled
13substance, whether by injection, inhalation, ingestion, or any
14other means to the body of a patient or research subject. A
15practitioner who dispenses, other than by administering, a
16controlled substance in Schedule II, which is a narcotic drug
17listed in Section 206 of this Act, or which contains any
18quantity of amphetamine or methamphetamine, their salts,
19optical isomers or salts of optical isomers, pentazocine, or
20methaqualone shall do so only upon the issuance of a written
21prescription blank or electronic prescription issued by a
22prescriber.
23 (e) Whenever a manufacturer distributes a controlled
24substance in a package prepared by him or her, and whenever a
25wholesale distributor distributes a controlled substance in a
26package prepared by him or her or the manufacturer, he or she

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1shall securely affix to each package in which that substance is
2contained a label showing in legible English the name and
3address of the manufacturer, the distributor and the quantity,
4kind and form of controlled substance contained therein. No
5person except a pharmacist and only for the purposes of filling
6a prescription under this Act, shall alter, deface or remove
7any label so affixed.
8 (f) Whenever a practitioner dispenses any controlled
9substance except a non-prescription Schedule V product or a
10non-prescription targeted methamphetamine precursor regulated
11by the Methamphetamine Precursor Control Act, he or she shall
12affix to the container in which such substance is sold or
13dispensed, a label indicating the date of initial filling, the
14practitioner's name and address, the name of the patient, the
15name of the prescriber, the directions for use and cautionary
16statements, if any, contained in any prescription or required
17by law, the proprietary name or names or the established name
18of the controlled substance, and the dosage and quantity,
19except as otherwise authorized by regulation by the Department
20of Financial and Professional Regulation. No person shall
21alter, deface or remove any label so affixed as long as the
22specific medication remains in the container.
23 (g) A person to whom or for whose use any controlled
24substance has been prescribed or dispensed by a practitioner,
25or other persons authorized under this Act, and the owner of
26any animal for which such substance has been prescribed or

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1dispensed by a veterinarian, may lawfully possess such
2substance only in the container in which it was delivered to
3him or her by the person dispensing such substance.
4 (h) The responsibility for the proper prescribing or
5dispensing of controlled substances that are under the
6prescriber's direct control is upon the prescriber. The
7responsibility for the proper filling of a prescription for
8controlled substance drugs rests with the pharmacist. An order
9purporting to be a prescription issued to any individual, which
10is not in the regular course of professional treatment nor part
11of an authorized methadone maintenance program, nor in
12legitimate and authorized research instituted by any
13accredited hospital, educational institution, charitable
14foundation, or federal, state or local governmental agency, and
15which is intended to provide that individual with controlled
16substances sufficient to maintain that individual's or any
17other individual's physical or psychological addiction,
18habitual or customary use, dependence, or diversion of that
19controlled substance is not a prescription within the meaning
20and intent of this Act; and the person issuing it, shall be
21subject to the penalties provided for violations of the law
22relating to controlled substances.
23 (i) A prescriber shall not preprint or cause to be
24preprinted a prescription for any controlled substance; nor
25shall any practitioner issue, fill or cause to be issued or
26filled, a preprinted prescription for any controlled

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1substance.
2 (i-5) A prescriber may use a machine or electronic device
3to individually generate a printed prescription, but the
4prescriber is still required to affix his or her manual
5signature.
6 (j) No person shall manufacture, dispense, deliver,
7possess with intent to deliver, prescribe, or administer or
8cause to be administered under his or her direction any
9anabolic steroid, for any use in humans other than the
10treatment of disease in accordance with the order of a
11physician licensed to practice medicine in all its branches for
12a valid medical purpose in the course of professional practice.
13The use of anabolic steroids for the purpose of hormonal
14manipulation that is intended to increase muscle mass, strength
15or weight without a medical necessity to do so, or for the
16intended purpose of improving physical appearance or
17performance in any form of exercise, sport, or game, is not a
18valid medical purpose or in the course of professional
19practice.
20 (k) Controlled substances may be mailed if all of the
21following conditions are met:
22 (1) The controlled substances are not outwardly
23 dangerous and are not likely, of their own force, to cause
24 injury to a person's life or health.
25 (2) The inner container of a parcel containing
26 controlled substances must be marked and sealed as required

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1 under this Act and its rules, and be placed in a plain
2 outer container or securely wrapped in plain paper.
3 (3) If the controlled substances consist of
4 prescription medicines, the inner container must be
5 labeled to show the name and address of the pharmacy or
6 practitioner dispensing the prescription.
7 (4) The outside wrapper or container must be free of
8 markings that would indicate the nature of the contents.
9(Source: P.A. 96-166, eff. 1-1-10; 97-334, eff. 1-1-12.)".
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