(720 ILCS 570/Art. III heading)
ARTICLE III
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(720 ILCS 570/301) (from Ch. 56 1/2, par. 1301)
Sec. 301. The Department of Financial and Professional Regulation shall promulgate
rules and charge reasonable fees and fines relating to the registration and
control of the manufacture, distribution, and dispensing of controlled
substances within this State. All moneys received by the Department of Financial and
Professional Regulation under this Act shall be deposited into the respective
professional dedicated funds in like manner as the primary professional
licenses.
A pharmacy, manufacturer of controlled substances, or wholesale distributor of controlled substances that is regulated under this Act and owned and operated by the State is exempt from fees required under this Act. Pharmacists and pharmacy technicians working in facilities owned and operated by the State are not exempt from the payment of fees required by this Act and any rules adopted under this Act. Nothing in this Section shall be construed to prohibit the Department of Financial and Professional Regulation from imposing any fine or other penalty allowed under this Act.
(Source: P.A. 97-334, eff. 1-1-12.)
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(720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
Sec. 302. (a) Every person who manufactures, distributes, or dispenses
any controlled substances, or engages in chemical analysis, and
instructional activities which utilize controlled substances,
or who purchases, stores, or administers euthanasia drugs, within this
State or who proposes to engage in the
manufacture, distribution, or dispensing of any controlled substance, or to
engage in chemical analysis, and instructional activities
which utilize controlled substances, or to engage in purchasing, storing, or
administering euthanasia drugs, within this State, must obtain a
registration issued by the Department of Financial and Professional Regulation in
accordance with its rules. The rules shall
include, but not be limited to, setting the expiration date and renewal
period for each registration under this Act. The Department,
any facility or service licensed by the Department, and any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 or maintained by a State-supported or publicly funded university or college shall be exempt
from the regulation requirements of this Section; however, such exemption shall not operate to bar the University of Illinois from requesting, nor the Department of Financial and Professional Regulation from issuing, a registration to the University of Illinois Veterinary Teaching Hospital under this Act. Neither a request for such registration nor the issuance of such registration to the University of Illinois shall operate to otherwise waive or modify the exemption provided in this subsection (a).
(b) Persons registered by the Department of Financial and Professional Regulation
under this Act to manufacture, distribute, or dispense controlled
substances, or purchase, store, or administer euthanasia drugs, may
possess, manufacture, distribute, or dispense those
substances, or purchase, store, or administer euthanasia drugs, to the
extent authorized by their registration and in conformity
with the other provisions of this Article.
(c) The following persons need not register and may lawfully possess
controlled substances under this Act:
(1) an agent or employee of any registered
| | manufacturer, distributor, or dispenser of any controlled substance if he or she is acting in the usual course of his or her employer's lawful business or employment;
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(2) a common or contract carrier or warehouseman, or
| | an agent or employee thereof, whose possession of any controlled substance is in the usual lawful course of such business or employment;
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(3) an ultimate user or a person in possession of any
| | controlled substance pursuant to a lawful prescription of a practitioner or in lawful possession of a Schedule V substance;
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(4) officers and employees of this State or of the
| | United States while acting in the lawful course of their official duties which requires possession of controlled substances;
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(5) a registered pharmacist who is employed in, or
| | the owner of, a pharmacy licensed under this Act and the Federal Controlled Substances Act, at the licensed location, or if he or she is acting in the usual course of his or her lawful profession, business, or employment.
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(d) A separate registration is required at each place of
business or professional practice where the applicant manufactures,
distributes, or dispenses controlled substances, or purchases, stores, or
administers euthanasia drugs.
Persons are required to obtain a separate registration for each
place of business or professional practice where controlled
substances are located or stored. A separate registration is
not required for every location at which a controlled substance
may be prescribed.
(e) The Department of Financial and Professional Regulation or the Illinois
State Police may inspect the controlled premises, as defined in Section
502 of this Act, of a registrant or applicant for registration in
accordance with this Act and the rules promulgated hereunder and with regard
to persons licensed by the Department, in accordance with subsection (bb)
of Section 30-5
of the Alcoholism and Other Drug Abuse and Dependency Act and
the rules and
regulations promulgated thereunder.
(Source: P.A. 96-219, eff. 8-10-09; 97-126, eff. 7-14-11; 97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
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(720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
Sec. 303. (a) The Department of Financial and Professional Regulation shall license an
applicant to manufacture, distribute or dispense controlled substances
included in Sections 202, 204, 206, 208, 210 and 212 of this Act or purchase,
store, or administer euthanasia drugs unless it
determines that the issuance of that license would be
inconsistent
with the public interest. In determining the public interest, the
Department of Financial and Professional Regulation shall consider the following:
(1) maintenance of effective controls against
| | diversion of controlled substances into other than lawful medical, scientific, or industrial channels;
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(2) compliance with applicable Federal, State and
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(3) any convictions of the applicant, or the
| | designated agent of the applicant where applicable, under any law of the United States or of any State relating to any controlled substance;
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(4) past experience in the manufacture or
| | distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;
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(5) furnishing by the applicant of false or
| | fraudulent material in any application filed under this Act;
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(6) suspension or revocation of the applicant's
| | Federal registration to manufacture, distribute, or dispense controlled substances, or purchase, store, or administer euthanasia drugs, as authorized by Federal law;
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(7) whether the applicant is suitably equipped with
| | the facilities appropriate to carry on the operation described in his or her application;
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(8) whether the applicant is of good moral character
| | or, if the applicant is a partnership, association, corporation or other organization, whether the partners, directors, governing committee and managing officers are of good moral character;
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(9) any other factors relevant to and consistent with
| | the public health and safety; and
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(10) evidence from court, medical disciplinary and
| | pharmacy board records and those of State and Federal investigatory bodies that the applicant has not or does not prescribe controlled substances within the provisions of this Act.
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(b) No license shall be granted to or renewed for any
person who
has within 5 years been convicted of a wilful violation of any law of the
United States or any law of any State relating to controlled substances, or
who is found to be deficient in any of the matters enumerated in
subsections (a)(1) through (a)(8).
(c) Licensure under subsection (a) does not entitle a
registrant to
manufacture, distribute or dispense controlled substances in Schedules I or
II other than those specified in the registration.
(d) Practitioners who are licensed to dispense any
controlled
substances in Schedules II through V are authorized to
conduct instructional activities with controlled substances
in Schedules II through V under the law of this State.
(e) If an applicant for registration is registered under the Federal law
to manufacture, distribute or dispense controlled substances, or purchase,
store, or administer euthanasia drugs, upon filing a
completed application for licensure in this State and
payment of all
fees due hereunder, he or she shall be licensed in this State to
the same extent
as his or her Federal registration, unless, within 30 days after completing his or her
application in this State, the Department of Financial and Professional Regulation
notifies the applicant that his or her application has not been granted. A
practitioner who is in compliance with the Federal law with respect to
registration to dispense controlled substances in Schedules II through V
need only send a current copy of that Federal registration to the
Department of Financial and Professional Regulation and he or she shall be deemed in
compliance with the registration provisions of this State.
(e-5) All of the fees and fines collected under
this Section 303 shall be deposited into the Illinois State Pharmacy
Disciplinary Fund.
(f) The fee for registration as a manufacturer or wholesale distributor
of controlled substances shall be $50.00 per year, except that the fee for
registration as a manufacturer or wholesale distributor of controlled
substances that may be dispensed without a prescription under this Act
shall be $15.00 per year. The expiration date and renewal period for
each controlled substance license issued
under this Act shall be set by rule.
(Source: P.A. 97-334, eff. 1-1-12.)
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(720 ILCS 570/303.05)
Sec. 303.05. Mid-level practitioner registration.
(a) The Department of Financial and Professional Regulation shall register licensed
physician assistants, licensed advanced practice nurses, and prescribing psychologists licensed under Section 4.2 of the Clinical Psychologist Licensing Act to prescribe and
dispense controlled substances under Section 303 and euthanasia
agencies to purchase, store, or administer animal euthanasia drugs under the
following circumstances:
(1) with respect to physician assistants,
(A) the physician assistant has been delegated
| | written authority to prescribe any Schedule III through V controlled substances by a physician licensed to practice medicine in all its branches in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987; and the physician assistant has completed the appropriate application forms and has paid the required fees as set by rule; or
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(B) the physician assistant has been delegated
| | authority by a supervising physician licensed to practice medicine in all its branches to prescribe or dispense Schedule II controlled substances through a written delegation of authority and under the following conditions:
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| (i) Specific Schedule II controlled
| | substances by oral dosage or topical or transdermal application may be delegated, provided that the delegated Schedule II controlled substances are routinely prescribed by the supervising physician. This delegation must identify the specific Schedule II controlled substances by either brand name or generic name. Schedule II controlled substances to be delivered by injection or other route of administration may not be delegated;
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| (ii) any delegation must be of controlled
| | substances prescribed by the supervising physician;
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| (iii) all prescriptions must be limited to no
| | more than a 30-day supply, with any continuation authorized only after prior approval of the supervising physician;
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| (iv) the physician assistant must discuss the
| | condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician;
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| (v) the physician assistant must have
| | completed the appropriate application forms and paid the required fees as set by rule;
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| (vi) the physician assistant must provide
| | evidence of satisfactory completion of 45 contact hours in pharmacology from any physician assistant program accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA), or its predecessor agency, for any new license issued with Schedule II authority after the effective date of this amendatory Act of the 97th General Assembly; and
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| (vii) the physician assistant must annually
| | complete at least 5 hours of continuing education in pharmacology;
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| (2) with respect to advanced practice nurses,
(A) the advanced practice nurse has been
| | delegated authority to prescribe any Schedule III through V controlled substances by a collaborating physician licensed to practice medicine in all its branches or a collaborating podiatric physician in accordance with Section 65-40 of the Nurse Practice Act. The advanced practice nurse has completed the appropriate application forms and has paid the required fees as set by rule; or
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| (B) the advanced practice nurse has been
| | delegated authority by a collaborating physician licensed to practice medicine in all its branches or collaborating podiatric physician to prescribe or dispense Schedule II controlled substances through a written delegation of authority and under the following conditions:
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| (i) specific Schedule II controlled
| | substances by oral dosage or topical or transdermal application may be delegated, provided that the delegated Schedule II controlled substances are routinely prescribed by the collaborating physician or podiatric physician. This delegation must identify the specific Schedule II controlled substances by either brand name or generic name. Schedule II controlled substances to be delivered by injection or other route of administration may not be delegated;
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| (ii) any delegation must be of controlled
| | substances prescribed by the collaborating physician or podiatric physician;
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| (iii) all prescriptions must be limited to no
| | more than a 30-day supply, with any continuation authorized only after prior approval of the collaborating physician or podiatric physician;
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| (iv) the advanced practice nurse must discuss
| | the condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician or podiatric physician or in the course of review as required by Section 65-40 of the Nurse Practice Act;
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| (v) the advanced practice nurse must have
| | completed the appropriate application forms and paid the required fees as set by rule;
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| (vi) the advanced practice nurse must provide
| | evidence of satisfactory completion of at least 45 graduate contact hours in pharmacology for any new license issued with Schedule II authority after the effective date of this amendatory Act of the 97th General Assembly; and
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| (vii) the advanced practice nurse must
| | annually complete 5 hours of continuing education in pharmacology;
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| (3) with respect to animal euthanasia agencies, the
| | euthanasia agency has obtained a license from the Department of Financial and Professional Regulation and obtained a registration number from the Department; or
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(4) with respect to prescribing psychologists, the
| | prescribing psychologist has been delegated authority to prescribe any nonnarcotic Schedule III through V controlled substances by a collaborating physician licensed to practice medicine in all its branches in accordance with Section 4.3 of the Clinical Psychologist Licensing Act, and the prescribing psychologist has completed the appropriate application forms and has paid the required fees as set by rule.
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| (b) The mid-level practitioner shall only be licensed to prescribe those
schedules of controlled substances for which a licensed physician or licensed podiatric physician has delegated
prescriptive authority, except that an animal euthanasia agency does not have any
prescriptive authority.
A physician assistant and an advanced practice nurse are prohibited from prescribing medications and controlled substances not set forth in the required written delegation of authority.
(c) Upon completion of all registration requirements, physician
assistants, advanced practice nurses, and animal euthanasia agencies may be issued a
mid-level practitioner
controlled substances license for Illinois.
(d) A collaborating physician or podiatric physician may, but is not required to, delegate prescriptive authority to an advanced practice nurse as part of a written collaborative agreement, and the delegation of prescriptive authority shall conform to the requirements of Section 65-40 of the Nurse Practice Act.
(e) A supervising physician may, but is not required to, delegate prescriptive authority to a physician assistant as part of a written supervision agreement, and the delegation of prescriptive authority shall conform to the requirements of Section 7.5 of the Physician Assistant Practice Act of 1987.
(f) Nothing in this Section shall be construed to prohibit generic substitution.
(Source: P.A. 97-334, eff. 1-1-12; 97-358, eff. 8-12-11; 97-813, eff. 7-13-12; 98-214, eff. 8-9-13; 98-668, eff. 6-25-14.)
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(720 ILCS 570/303.1) (from Ch. 56 1/2, par. 1303.1)
Sec. 303.1.
Any person who delivers a check or other payment to the
Department of Financial and Professional Regulation that is returned to the Department
unpaid by the financial institution upon which it is drawn shall pay to the
Department,
in addition to the amount already owed to the Department, a fine of $50. If
the check or other payment was for a renewal or issuance fee and that person
practices without
paying the renewal fee or issuance fee and the fine due, an additional fine
of $100 shall be imposed. The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department
of Financial and Professional Regulation shall notify the person that payment of fees
and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department of Financial and Professional Regulation shall automatically terminate the
license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department of Financial and Professional
Regulation may establish
a fee for the processing of an application for restoration of a license or
certificate to pay all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases where the Secretary of the Department of Financial and Professional Regulation
finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 97-334, eff. 1-1-12.)
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(720 ILCS 570/304) (from Ch. 56 1/2, par. 1304)
Sec. 304. (a) A registration under Section 303 to manufacture,
distribute, or dispense a controlled substance or purchase, store, or
administer euthanasia drugs may be denied, refused renewal, suspended, or
revoked by the Department of Financial and Professional Regulation, and a fine of no more than $10,000 per violation may be imposed on the applicant or registrant, upon a finding
that the applicant or registrant:
(1) has furnished any false or fraudulent material
| | information in any application filed under this Act; or
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(2) has been convicted of a felony under any law of
| | the United States or any State relating to any controlled substance; or
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(3) has had suspended or revoked his or her Federal
| | registration to manufacture, distribute, or dispense controlled substances or purchase, store, or administer euthanasia drugs; or
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(4) has been convicted of bribery, perjury, or other
| | infamous crime under the laws of the United States or of any State; or
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(5) has violated any provision of this Act or any
| | rules promulgated hereunder, or any provision of the Methamphetamine Precursor Control Act or rules promulgated thereunder, whether or not he or she has been convicted of such violation; or
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(6) has failed to provide effective controls against
| | the diversion of controlled substances in other than legitimate medical, scientific or industrial channels.
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(b) The Department of Financial and Professional Regulation may limit
revocation or suspension of a registration to the particular controlled
substance with respect to which grounds for revocation or suspension
exist.
(c) The Department of Financial and Professional Regulation shall promptly
notify the Administration, the Department and the Illinois State
Police or their successor agencies, of all orders denying,
suspending or revoking registration, all forfeitures of controlled
substances, and all final court dispositions, if any, of such denials,
suspensions, revocations or forfeitures.
(d) If Federal registration of any registrant is suspended, revoked,
refused renewal or refused issuance, then the Department of Financial and Professional
Regulation shall issue a notice and conduct a hearing in accordance
with Section 305 of this Act.
(Source: P.A. 97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
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(720 ILCS 570/305) (from Ch. 56 1/2, par. 1305)
Sec. 305.
(a) Before denying, refusing renewal of, suspending, or revoking a
registration, or imposing a fine on an applicant or registrant, the Department of Financial and Professional Regulation shall serve upon
the applicant or registrant, by registered mail at the address in the
application or registration or by any other means authorized under the
Civil Practice Law or Rules of the Illinois Supreme Court for the service
of summons or subpoenas, a notice of hearing to determine why registration
should not be denied, refused renewal, suspended or revoked. The notice
shall contain a statement of the basis therefor and shall call upon the
applicant or registrant to appear before the Department of Financial and Professional
Regulation at a reasonable time and place. These proceedings shall be
conducted in accordance with Sections 2105-5, 2105-15, 2105-100, 2105-105,
2105-110,
2105-115, 2105-120, 2105-125, 2105-175, and 2105-325
of the Department of Professional Regulation Law (20 ILCS 2105/2105-5,
2105/2105-15, 2105/2105-100, 2105/2105-105, 2105/2105-110, 2105/2105-115,
2105/2105-120,
2105/2105-125, 2105/2105-175, and 2105/2105-325),
without
regard to any criminal prosecution or other proceeding. Except as
authorized in subsection (c), proceedings to refuse renewal or
suspend or
revoke registration shall not abate the existing registration, which shall
remain in effect until the Department of Financial and Professional Regulation has
held the hearing called for in the notice and found, with input from the
appropriate licensure or disciplinary board, that the registration
shall no longer remain in effect.
(b) The Secretary of the Department of Financial and Professional Regulation may appoint an attorney duly
licensed to practice law in the State of Illinois to serve as the hearing
officer in any action to deny, refuse to renew, suspend, or revoke, or take any
other disciplinary action with regard to a registration. The hearing officer
shall have full authority to conduct the hearing. The hearing officer shall
report his or her findings and recommendations to the appropriate licensure or
disciplinary board within 30 days after receiving the record. The
Disciplinary Board shall have 60 days from receipt of the report to review the
report of the hearing officer and present its findings of fact, conclusions
of law, and recommendations to the Secretary of the Department of Financial and Professional Regulation.
(c) If the Department of Financial and Professional Regulation finds that
there is
an imminent danger to the public health or safety by the continued
manufacture, distribution or dispensing of controlled substances by the
registrant, the Department of Financial and Professional Regulation may, upon the
issuance of a written ruling stating the reasons for such finding and
without notice or hearing, suspend such registrant. The suspension shall
continue in effect for not more than 15 days during which time the
registrant shall be given a hearing on the issues involved in the
suspension. If after the hearing, and after
input from the appropriate licensure or disciplinary board,
the Department of Financial and Professional Regulation
finds that the public health
or safety requires the suspension to remain in effect it shall so remain
until the ruling is terminated by its own terms or subsequent ruling or is
dissolved by a circuit court upon determination that the
suspension was wholly without basis in fact and law.
(d) If, after a hearing as provided in subsection (a), the
Department of Financial and
Professional Regulation
finds that a registration should be refused
renewal, suspended or revoked, a written ruling to that effect shall be
entered. The Department of Financial and Professional Regulation's ruling shall remain
in effect until the ruling is terminated by its own terms or subsequent
ruling or is dissolved by a circuit court upon a determination that the
refusal to renew suspension or revocation was wholly without basis in fact and
law.
(Source: P.A. 97-334, eff. 1-1-12.)
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(720 ILCS 570/306) (from Ch. 56 1/2, par. 1306)
Sec. 306. Every practitioner and person who is required under
this Act to be registered to manufacture, distribute or dispense controlled
substances or purchase, store, or administer euthanasia drugs under this
Act shall keep records and maintain inventories in
conformance with the recordkeeping and inventory requirements of the laws
of the United States and with any additional rules and forms issued by the
Department of Financial and Professional Regulation.
(Source: P.A. 97-334, eff. 1-1-12.)
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(720 ILCS 570/307) (from Ch. 56 1/2, par. 1307)
Sec. 307.
Controlled substances in Schedules I and II shall be distributed by a
registrant to another registrant only pursuant to a written order.
Compliance with the laws of the United States respecting order forms shall
be deemed compliance with this Section.
(Source: P.A. 77-757.)
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(720 ILCS 570/308) (from Ch. 56 1/2, par. 1308)
Sec. 308.
(Repealed).
(Source: P.A. 89-202, eff. 10-1-95. Repealed by P.A. 91-576, eff. 4-1-00.)
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(720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
Sec. 309. On or after April 1, 2000, no person shall issue a
prescription for 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; gluthethimide; and pentazocine, other than on a written
prescription; provided
that in the case of an emergency, epidemic or a
sudden or unforeseen accident or calamity, the prescriber may issue a
lawful oral prescription where failure to
issue such a prescription might result in
loss of life or intense suffering, but such oral prescription shall
include a statement by the prescriber concerning the accident
or calamity, or circumstances constituting the emergency, the cause for
which an oral prescription was used. Within
7 days after issuing an
emergency prescription, the prescriber shall cause a written prescription for
the emergency quantity prescribed to be delivered to
the dispensing pharmacist. The prescription shall have written on its face
"Authorization for Emergency Dispensing", and the date of the emergency
prescription. The written prescription
may be delivered to the pharmacist in person, or by mail, but if delivered
by mail it must be postmarked within the 7-day period. Upon
receipt, the
dispensing pharmacist shall attach this prescription to the emergency oral
prescription earlier received and
reduced to writing. The dispensing pharmacist shall notify the Department of Financial and Professional Regulation
if the prescriber
fails to deliver the authorization for emergency dispensing on the
prescription to him or her. Failure of the dispensing pharmacist to do so
shall void the authority conferred by this paragraph to dispense without a
written prescription of a
prescriber. All prescriptions issued for Schedule II controlled substances
shall include both a written and numerical notation of quantity on the face
of the prescription. No prescription for a Schedule II controlled substance
may
be refilled. The Department shall provide, at no cost, audit reviews and necessary information to the Department of Financial and Professional Regulation in conjunction with ongoing investigations being conducted in whole or part by the Department of Financial and Professional Regulation.
(Source: P.A. 97-334, eff. 1-1-12.)
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(720 ILCS 570/310) (from Ch. 56 1/2, par. 1310)
Sec. 310.
(Repealed).
(Source: P.A. 84-1308. Repealed by P.A. 91-576, eff. 4-1-00.)
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(720 ILCS 570/311) (from Ch. 56 1/2, par. 1311)
Sec. 311.
(Repealed).
(Source: P.A. 89-202, eff. 10-1-95. Repealed by P.A. 91-576, eff. 4-1-00.)
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(720 ILCS 570/311.5)
Sec. 311.5. Electronic prescriptions for controlled substances. Notwithstanding any other Section in this Act, a prescriber who is otherwise authorized to prescribe controlled substances in Illinois may issue an electronic prescription for Schedule II, III, IV, and V controlled substances if done in accordance with the federal rules for electronic prescriptions for controlled substances, as set forth in 21 C.F.R. Parts 1300, 1304, 1306, and 1311, as amended.
(Source: P.A. 97-334, eff. 1-1-12.)
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(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 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 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.
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| (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.
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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 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.
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(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 preceding 96 hours.
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(5) (Blank).
(6) all records of purchases and sales shall be
| | maintained for not less than 2 years.
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(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.
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(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.
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(9) no person shall distribute or dispense butyl
| | nitrite for inhalation or other introduction into the human body for euphoric or physical effect.
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(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 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 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 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.
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| (2) The inner container of a parcel containing
| | controlled substances must be marked and sealed as required 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.)
|
(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
Sec. 313. (a) Controlled substances which are lawfully administered in
hospitals or institutions licensed under the Hospital Licensing Act shall
be exempt from the requirements of Sections 312 and 316, except
that the
prescription for the controlled substance shall be in writing on the
patient's record, signed by the prescriber, and dated, and shall state the
name and quantity of controlled substances ordered and the quantity
actually administered. The records of such prescriptions shall be
maintained for two years and shall be available for inspection by officers
and employees of the Illinois State Police and the Department of Financial and
Professional Regulation.
The exemption under this subsection (a) does not apply to a prescription (including an outpatient prescription from an emergency department or outpatient clinic) for more than a 72-hour supply of a discharge medication to be consumed outside of the hospital or institution.
(b) Controlled substances that can lawfully be administered or dispensed
directly to a patient in a long-term care facility licensed by the Department
of Public Health as a skilled nursing facility, intermediate care facility, or
long-term care facility for residents under 22 years of age, are exempt from
the requirements of Section 312 except that a prescription
for a
Schedule II controlled substance must be either a prescription signed
by the prescriber or a prescription transmitted by the prescriber or
prescriber's agent to the dispensing pharmacy by facsimile. The
facsimile serves as the original prescription and must be maintained for 2
years from the date of issue in the same manner as a written prescription
signed by the prescriber.
(c) A prescription that is generated for a Schedule II controlled substance
to be compounded for direct administration to a patient in a private
residence, long-term care facility, or hospice program
may be transmitted by
facsimile by the prescriber or the prescriber's agent to the pharmacy providing
the home infusion services. The facsimile serves as the original
prescription for purposes of this paragraph (c) and it shall be maintained in
the same manner as the original prescription.
(c-1) A prescription generated for a Schedule II controlled substance for a
patient residing in a hospice certified by Medicare under Title XVIII of the
Social Security Act or
licensed by the State may be transmitted by the practitioner or the
practitioner's
agent to the dispensing pharmacy by facsimile or electronically as provided in Section 311.5. The practitioner or
practitioner's
agent must note on the prescription that the patient is a hospice patient. The
facsimile or electronic record serves as the original prescription for purposes of this
paragraph (c-1) and it shall be maintained in the same manner as the original
prescription.
(d) Controlled substances which are lawfully administered
and/or dispensed
in drug abuse treatment programs licensed by the Department shall be exempt
from the requirements of Sections 312 and 316, except that the
prescription
for such controlled substances shall be issued and authenticated
on official prescription logs prepared and maintained in accordance with 77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse Treatment and Intervention Licenses, and in compliance with other applicable State and federal laws. The Department-licensed drug treatment program shall report applicable prescriptions via electronic record keeping software approved by the Department. This software must be compatible with the specifications of the Department. Drug abuse treatment programs shall report to the Department methadone prescriptions or medications dispensed through the use of Department-approved File Transfer Protocols (FTPs). Methadone prescription records must be maintained in accordance with the applicable requirements as set forth by the Department in accordance with 77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse Treatment and Intervention Licenses, and in compliance with other applicable State and federal laws.
(e) Nothing in this Act shall be construed to limit the authority of a hospital pursuant to Section 65-45 of the Nurse Practice Act to grant hospital clinical privileges to an individual advanced practice nurse to select, order or administer medications, including controlled substances to provide services within a hospital. Nothing in this Act shall be construed to limit the authority of an ambulatory surgical treatment center pursuant to Section 65-45 of the Nurse Practice Act to grant ambulatory surgical treatment center clinical privileges to an individual advanced practice nurse to select, order or administer medications, including controlled substances to provide services within an ambulatory surgical treatment center.
(Source: P.A. 97-334, eff. 1-1-12.)
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(720 ILCS 570/314)
Sec. 314. (Repealed).
(Source: P.A. 77-757. Repealed by P.A. 97-334, eff. 1-1-12.)
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(720 ILCS 570/314.5)
Sec. 314.5. Medication shopping; pharmacy shopping.
(a) It shall be unlawful for any person knowingly or intentionally to fraudulently obtain or fraudulently seek to obtain any controlled substance or prescription for a controlled substance from a prescriber or dispenser while being supplied with any controlled substance or prescription for a controlled substance by another prescriber or dispenser, without disclosing the fact of the existing controlled substance or prescription for a controlled substance to the prescriber or dispenser from whom the subsequent controlled substance or prescription for a controlled substance is sought.
(b) It shall be unlawful for a person knowingly or intentionally to fraudulently obtain or fraudulently seek to obtain any controlled substance from a pharmacy while being supplied with any controlled substance by another pharmacy, without disclosing the fact of the existing controlled substance to the pharmacy from which the subsequent controlled substance is sought.
(c) A person may be in violation of Section 3.23 of the Illinois Food, Drug and Cosmetic Act when medication shopping or pharmacy shopping, or both.
(d) When a person has been identified as having 6 or more prescribers or 6 or more pharmacies, or both, that do not utilize a common electronic file as specified in Section 20 of the Pharmacy Practice Act for controlled substances within the course of a continuous 30-day period, the Prescription Monitoring Program may issue an unsolicited report to the prescribers informing them of the potential medication shopping.
(e) Nothing in this Section shall be construed to create a requirement that any prescriber, dispenser, or pharmacist request any patient medication disclosure, report any patient activity, or prescribe or refuse to prescribe or dispense any medications.
(f) This Section shall not be construed to apply to inpatients or residents at hospitals or other institutions or to institutional pharmacies.
(Source: P.A. 97-334, eff. 1-1-12.)
|
(720 ILCS 570/315)
Sec. 315. (Repealed).
(Source: P.A. 77-757. Repealed by P.A. 97-334, eff. 1-1-12.)
|
(720 ILCS 570/316)
Sec. 316. Prescription monitoring program.
(a) The Department must provide for a
prescription monitoring program for Schedule II, III, IV, and V controlled substances that includes the following components and requirements:
(1) The dispenser must transmit to the central
| | repository, in a form and manner specified by the Department, the following information:
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|
(A) The recipient's name.
(B) The recipient's address.
(C) The national drug code number of the
| | controlled substance dispensed.
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|
(D) The date the controlled substance is
| |
(E) The quantity of the controlled substance
| |
(F) The dispenser's United States Drug
| | Enforcement Administration registration number.
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|
(G) The prescriber's United States Drug
| | Enforcement Administration registration number.
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|
(H) The dates the controlled substance
| | (I) The payment type used to purchase the
| | controlled substance (i.e. Medicaid, cash, third party insurance).
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| (J) The patient location code (i.e. home, nursing
| | home, outpatient, etc.) for the controlled substances other than those filled at a retail pharmacy.
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| (K) Any additional information that may be
| | required by the department by administrative rule, including but not limited to information required for compliance with the criteria for electronic reporting of the American Society for Automation and Pharmacy or its successor.
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|
(2) The information required to be transmitted under
| | this Section must be transmitted not more than 7 days after the date on which a controlled substance is dispensed, or at such other time as may be required by the Department by administrative rule.
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(3) A dispenser must transmit the information
| | required under this Section by:
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|
(A) an electronic device compatible with the
| | receiving device of the central repository;
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|
(B) a computer diskette;
(C) a magnetic tape; or
(D) a pharmacy universal claim form or Pharmacy
| |
(4) The Department may impose a civil fine of up to
| | $100 per day for willful failure to report controlled substance dispensing to the Prescription Monitoring Program. The fine shall be calculated on no more than the number of days from the time the report was required to be made until the time the problem was resolved, and shall be payable to the Prescription Monitoring Program.
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(b) The Department, by rule, may include in the monitoring program certain other select drugs that are not included in Schedule II, III, IV, or V. The prescription monitoring program does not apply to
controlled substance prescriptions as exempted under Section
313.
(c) The collection of data on select drugs and scheduled substances by the Prescription Monitoring Program may be used as a tool for addressing oversight requirements of long-term care institutions as set forth by Public Act 96-1372. Long-term care pharmacies shall transmit patient medication profiles to the Prescription Monitoring Program monthly or more frequently as established by administrative rule.
(Source: P.A. 97-334, eff. 1-1-12.)
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(720 ILCS 570/317)
Sec. 317. Central repository for collection of information.
(a) The Department must designate a central repository for
the collection of information transmitted under Section 316 and former Section 321.
(b) The central repository must do the following:
(1) Create a database for information required to be
| | transmitted under Section 316 in the form required under rules adopted by the Department, including search capability for the following:
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|
(A) A recipient's name.
(B) A recipient's address.
(C) The national drug code number of a controlled
| |
(D) The dates a controlled substance is dispensed.
(E) The quantities of a controlled substance
| |
(F) A dispenser's Administration registration
| |
(G) A prescriber's Administration registration
| |
(H) The dates the controlled substance
| | (I) The payment type used to purchase the
| | controlled substance (i.e. Medicaid, cash, third party insurance).
|
| (J) The patient location code (i.e. home, nursing
| | home, outpatient, etc.) for controlled substance prescriptions other than those filled at a retail pharmacy.
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(2) Provide the Department with a database maintained
| | by the central repository. The Department of Financial and Professional Regulation must provide the Department with electronic access to the license information of a prescriber or dispenser.
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|
(3) Secure the information collected by the central
| | repository and the database maintained by the central repository against access by unauthorized persons.
|
| No fee shall be charged for access by a prescriber or dispenser.
(Source: P.A. 97-334, eff. 1-1-12.)
|
(720 ILCS 570/318)
Sec. 318. Confidentiality of information.
(a) Information received by the central repository under Section 316 and former Section 321
is confidential.
(b) The Department must carry out a program to protect the
confidentiality of the information described in subsection (a). The Department
may
disclose the information to another person only under
subsection (c), (d), or (f) and may charge a fee not to exceed the actual cost
of
furnishing the
information.
(c) The Department may disclose confidential information described
in subsection (a) to any person who is engaged in receiving, processing, or
storing the information.
(d) The Department may release confidential information described
in subsection (a) to the following persons:
(1) A governing body that licenses practitioners and
| | is engaged in an investigation, an adjudication, or a prosecution of a violation under any State or federal law that involves a controlled substance.
|
|
(2) An investigator for the Consumer Protection
| | Division of the office of the Attorney General, a prosecuting attorney, the Attorney General, a deputy Attorney General, or an investigator from the office of the Attorney General, who is engaged in any of the following activities involving controlled substances:
|
|
(A) an investigation;
(B) an adjudication; or
(C) a prosecution of a violation under any State
| | or federal law that involves a controlled substance.
|
|
(3) A law enforcement officer who is:
(A) authorized by the Illinois State Police or
| | the office of a county sheriff or State's Attorney or municipal police department of Illinois to receive information of the type requested for the purpose of investigations involving controlled substances; or
|
|
(B) approved by the Department to receive
| | information of the type requested for the purpose of investigations involving controlled substances; and
|
|
(C) engaged in the investigation or prosecution
| | of a violation under any State or federal law that involves a controlled substance.
|
|
(e) Before the Department releases confidential information under
subsection (d), the applicant must demonstrate in writing to the Department that:
(1) the applicant has reason to believe that a
| | violation under any State or federal law that involves a controlled substance has occurred; and
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|
(2) the requested information is reasonably related
| | to the investigation, adjudication, or prosecution of the violation described in subdivision (1).
|
|
(f) The Department may receive and release prescription record information under Section 316 and former Section 321 to:
(1) a governing
body that licenses practitioners;
(2) an investigator for the Consumer Protection
| | Division of the office of the Attorney General, a prosecuting attorney, the Attorney General, a deputy Attorney General, or an investigator from the office of the Attorney General;
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|
(3) any Illinois law enforcement officer who is:
(A) authorized to receive the type of information
| |
(B) approved by the Department to receive the
| | type of information released; or
|
|
(4) prescription monitoring entities in other states
| | per the provisions outlined in subsection (g) and (h) below;
|
| confidential prescription record information collected under Sections 316 and 321 (now repealed) that identifies vendors or
practitioners, or both, who are prescribing or dispensing large quantities of
Schedule II, III, IV, or V controlled
substances outside the scope of their practice, pharmacy, or business, as determined by the Advisory Committee created by Section 320.
(g) The information described in subsection (f) may not be released until it
has been reviewed by an employee of the Department who is licensed as a
prescriber or a dispenser
and until that employee has certified
that further investigation is warranted. However, failure to comply with this
subsection (g) does not invalidate the use of any evidence that is otherwise
admissible in a proceeding described in subsection (h).
(h) An investigator or a law enforcement officer receiving confidential
information under subsection (c), (d), or (f) may disclose the information to a
law enforcement officer or an attorney for the office of the Attorney General
for use as evidence in the following:
(1) A proceeding under any State or federal law that
| | involves a controlled substance.
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|
(2) A criminal proceeding or a proceeding in juvenile
| | court that involves a controlled substance.
|
|
(i) The Department may compile statistical reports from the
information described in subsection (a). The reports must not include
information that identifies, by name, license or address, any practitioner, dispenser, ultimate user, or other person
administering a controlled substance.
(j) Based upon federal, initial and maintenance funding, a prescriber and dispenser inquiry system shall be developed to assist the health care community in its goal of effective clinical practice and to prevent patients from diverting or abusing medications.
(1) An inquirer shall have read-only access to a
| | stand-alone database which shall contain records for the previous 12 months.
|
| (2) Dispensers may, upon positive and secure
| | identification, make an inquiry on a patient or customer solely for a medical purpose as delineated within the federal HIPAA law.
|
| (3) The Department shall provide a one-to-one secure
| | link and encrypted software necessary to establish the link between an inquirer and the Department. Technical assistance shall also be provided.
|
| (4) Written inquiries are acceptable but must
| | include the fee and the requestor's Drug Enforcement Administration license number and submitted upon the requestor's business stationery.
|
| (5) As directed by the Prescription Monitoring
| | Program Advisory Committee and the Clinical Director for the Prescription Monitoring Program, aggregate data that does not indicate any prescriber, practitioner, dispenser, or patient may be used for clinical studies.
|
| (6) Tracking analysis shall be established and used
| | (7) Nothing in this Act or Illinois law shall be
| | construed to require a prescriber or dispenser to make use of this inquiry system.
|
| (8) If there is an adverse outcome because of a
| | prescriber or dispenser making an inquiry, which is initiated in good faith, the prescriber or dispenser shall be held harmless from any civil liability.
|
| (k) The Department shall establish, by rule, the process by which to evaluate possible erroneous association of prescriptions to any licensed prescriber or end user of the Illinois Prescription Information Library (PIL).
(l) The Prescription Monitoring Program Advisory Committee is authorized to evaluate the need for and method of establishing a patient specific identifier.
(m) Patients who identify prescriptions attributed to them that were not obtained by them shall be given access to their personal prescription history pursuant to the validation process as set forth by administrative rule.
(n) The Prescription Monitoring Program is authorized to develop operational push reports to entities with compatible electronic medical records. The process shall be covered within administrative rule established by the Department.
(o) Hospital emergency departments and freestanding healthcare facilities providing healthcare to walk-in patients may obtain, for the purpose of improving patient care, a unique identifier for each shift to utilize the PIL system.
(Source: P.A. 97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
|
(720 ILCS 570/319)
Sec. 319. Rules. The Department must adopt rules under the Illinois
Administrative
Procedure Act to
implement Sections 316 through 321, including the following:
(1) Information collection and retrieval procedures
| | for the central repository, including the controlled substances to be included in the program required under Section 316 and Section 321 (now repealed).
|
|
(2) Design for the creation of the database required
| |
(3) Requirements for the development and installation
| | of on-line electronic access by the Department to information collected by the central repository.
|
|
(Source: P.A. 97-334, eff. 1-1-12.)
|
(720 ILCS 570/320)
Sec. 320. Advisory committee.
(a) The Secretary of the Department of Human Services must appoint an advisory committee to
assist the Department in implementing the controlled substance
prescription
monitoring program created by Section 316 and former Section 321 of this Act.
The Advisory Committee consists of prescribers and dispensers.
(b) The Secretary of the Department of Human Services or his or her designee must determine the number of members to
serve on the advisory committee. The Secretary must choose one of the members
of the advisory committee to serve as chair of the committee.
(c) The advisory committee may appoint its other officers as it deems
appropriate.
(d) The members of the advisory committee shall receive no compensation for
their services as members of the advisory committee but may be reimbursed for
their actual expenses incurred in serving on the advisory committee.
(e) The advisory committee shall:
(1) provide a uniform approach to reviewing this Act
| | in order to determine whether changes should be recommended to the General Assembly.
|
| (2) review current drug schedules in order to manage
| | changes to the administrative rules pertaining to the utilization of this Act.
|
| (Source: P.A. 97-334, eff. 1-1-12.)
|
(720 ILCS 570/321)
Sec. 321. (Repealed).
(Source: P.A. 95-442, eff. 1-1-08. Repealed by P.A. 97-334, eff. 1-1-12.)
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