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

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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

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Rep. Emily McAsey

Filed: 4/8/2014

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AMENDMENT TO HOUSE BILL 4098
AMENDMENT NO. ______. Amend House Bill 4098 by replacing
everything after the enacting clause with the following:
"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 or electronic prescription of any
prescriber, dated and signed by the person prescribing (or

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electronically validated in compliance with Section 311.5) 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 or
she 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 ordered. The practitioner filling the
prescription shall, unless otherwise permitted, write the date
of filling and his or her own signature on the face of the
written prescription or, alternatively, shall indicate such
filling using a unique identifier as defined in paragraph (v)
of Section 3 of the Pharmacy Practice Act. 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. If the specific prescription is machine or
computer generated and printed at the prescriber's office, the
date does not need to be handwritten. A prescription for a

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Schedule II controlled substance shall not be issued for more
than a 30 day supply, except as provided in subsection (a-5),
and shall be valid for up to 90 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.
(a-5) Physicians may issue multiple prescriptions (3
sequential 30-day supplies) for the same Schedule II controlled
substance, authorizing up to a 90-day supply. Before
authorizing a 90-day supply of a Schedule II controlled
substance, the physician must meet both of the following
conditions:
(1) Each separate prescription must be issued for a
legitimate medical purpose by an individual physician
acting in the usual course of professional practice.
(2) The individual physician must provide written
instructions on each prescription (other than the first
prescription, if the prescribing physician intends for the
prescription to be filled immediately) indicating the
earliest date on which a pharmacy may fill that
prescription.
(3) For a Schedule II controlled substance of an
extended-release formulation, which contains hydrocodone,
the patient must attend an in-person visit with the initial
prescribing physician.

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(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
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 or she is
required by those laws to be so registered, and the pharmacist
filling such oral prescription shall write the date of filling
and his or her 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

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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
a Schedule V controlled substance and then only to his or
her patients, or
(2) only personally by a pharmacist, and then only to a
person over 21 years of age who has identified himself or
herself 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 Financial and Professional
Regulation, attesting that he or she has not purchased any
Schedule V controlled substances within the immediately

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preceding 96 hours.
(5) (Blank).
(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
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 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

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nitrite for inhalation or other introduction into the human
body for euphoric or physical effect.
(d) Every practitioner shall keep a record or log of
controlled substances received by him or her and a record of
all such controlled substances administered, dispensed or
professionally used by him or her 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
or her 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 or electronic prescription issued by a
prescriber.
(e) Whenever a manufacturer distributes a controlled
substance in a package prepared by him or her, and whenever a
wholesale distributor distributes a controlled substance in a
package prepared by him or her or the manufacturer, he or she

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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.
(f) Whenever a practitioner dispenses any controlled
substance except a non-prescription Schedule V product or a
non-prescription targeted methamphetamine precursor regulated
by the Methamphetamine Precursor Control Act, he or she 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 Financial and Professional Regulation. No person shall
alter, deface or remove any label so affixed as long as the
specific medication remains in the container.
(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

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dispensed by a veterinarian, may lawfully possess such
substance only in the container in which it was delivered to
him or her by the person dispensing such substance.
(h) The responsibility for the proper prescribing or
dispensing of controlled substances that are under the
prescriber's direct control is upon the prescriber. 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
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

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substance.
(i-5) A prescriber may use a machine or electronic device
to individually generate a printed prescription, but the
prescriber is still required to affix his or her manual
signature.
(j) No person shall manufacture, dispense, deliver,
possess with intent to deliver, prescribe, or administer or
cause to be administered under his or her 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 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.
(k) Controlled substances may be mailed if all of the
following conditions are met:
(1) The controlled substances are not outwardly
dangerous and are not likely, of their own force, to cause
injury to a person's life or health.
(2) The inner container of a parcel containing
controlled substances must be marked and sealed as required

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