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Judiciary II - Criminal Law Committee
Filed: 5/17/2007
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09500SB0030ham001 |
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LRB095 04252 RLC 36082 a |
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| AMENDMENT TO SENATE BILL 30
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| AMENDMENT NO. ______. Amend Senate Bill 30 on page 1, line |
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| 5, by inserting "313," after "Sections"; and
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| on page 1, by inserting immediately below line 6 the following:
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| "(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
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| Sec. 313. (a) Controlled substances which are lawfully |
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| administered in
hospitals or institutions licensed under the |
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| "Hospital Licensing Act" shall
be exempt from the requirements |
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| of Sections 312 and 316 except
that the
prescription for the |
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| controlled substance shall be in writing on the
patient's |
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| record, signed by the prescriber, dated, and shall state the
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| name, and quantity of controlled substances ordered and the |
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| quantity
actually administered. The records of such |
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| prescriptions shall be
maintained for two years and shall be |
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| available for inspection by officers
and employees of the |
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| Department of State Police, and the Department of
Professional |
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09500SB0030ham001 |
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LRB095 04252 RLC 36082 a |
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| Regulation.
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| (b) Controlled substances that can lawfully be |
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| administered or dispensed
directly to a patient in a long-term |
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| care facility licensed by the Department
of Public Health as a |
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| skilled nursing facility, intermediate care facility, or
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| long-term care facility for residents under 22 years of age, |
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| are exempt from
the requirements of Section 312 except that a |
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| prescription
for a
Schedule II controlled substance must be |
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| either a written prescription signed
by the prescriber or a |
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| written prescription transmitted by the prescriber or
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| prescriber's agent to the dispensing pharmacy by facsimile. The
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| facsimile serves as the original prescription and must be |
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| maintained for 2
years from the date of issue in the same |
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| manner as a written prescription
signed by the prescriber.
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| (c) A prescription that is written for a Schedule II |
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| controlled substance
to be compounded for direct |
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| administration by parenteral, intravenous,
intramuscular, |
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| subcutaneous, or intraspinal infusion to a patient in a private
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| residence, long-term care facility, or hospice program
setting
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| may be transmitted by
facsimile by the prescriber or the |
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| prescriber's agent to the pharmacy providing
the home infusion |
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| services. The facsimile serves as the original written
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| prescription for purposes of this paragraph (c) and it shall be |
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| maintained in
the same manner as the original written |
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| prescription.
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| (c-1) A prescription written for a Schedule II controlled |
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09500SB0030ham001 |
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LRB095 04252 RLC 36082 a |
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| substance for a
patient residing in a hospice certified by |
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| Medicare under Title XVIII of the
Social Security Act or
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| licensed by the State may be transmitted by the practitioner or |
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| the
practitioner's
agent to the dispensing pharmacy by |
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| facsimile. The practitioner or
practitioner's
agent must note |
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| on the prescription that the patient is a hospice patient. The
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| facsimile serves as the original written prescription for |
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| purposes of this
paragraph (c-1) and it shall be maintained in |
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| the same manner as the original
written prescription.
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| (d) Controlled substances which are lawfully administered
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| and/or dispensed
in drug abuse treatment programs licensed by |
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| the Department shall be exempt
from the requirements of |
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| Sections 312 and 316, except that the
prescription
for such |
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| controlled substances shall be issued and authenticated
on |
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| official prescription logs prepared and supplied by the |
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| Department.
The official prescription logs issued by the |
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| Department shall be printed
in triplicate on distinctively |
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| marked paper and furnished to programs at
reasonable cost. The |
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| official prescription logs furnished to the programs
shall |
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| contain, in preprinted form, such information as the Department |
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| may
require. The official prescription logs shall be properly |
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| endorsed by a
physician licensed to practice medicine in all |
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| its branches issuing the
order, with his own signature and the |
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| date of
ordering, and further endorsed by the practitioner |
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| actually administering
or dispensing the dosage at the time of |
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| such administering or dispensing in
accordance with |
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LRB095 04252 RLC 36082 a |
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| requirements issued by the Department. The duplicate copy
shall |
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| be retained by the program for a period of not less than three |
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| years
nor more than seven years; the original and triplicate |
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| copy shall be
returned to the Department at its principal |
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| office in accordance with
requirements set forth by the |
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| Department.
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| (Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)"; and
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| on page 5, line 14, by inserting "or the office of a county |
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| sheriff or State's Attorney or
municipal police department of |
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| Illinois" after "Police"; and
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| on page 5, line 17, by inserting "or" after "substances;"; and
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| on page 6, line 7, by replacing "release" with "receive and |
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| release prescription record information
release"; and
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| on page 6, line 14, by replacing "a" with "any Illinois
a"; and
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| on page 6, line 15, by replacing "by the Department of State |
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| Police" with
"by the Department of State Police"; and
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| on page 8, line 26, by inserting "or dispenser" after |
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| "prescriber"; and
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| on page 9, line 1, by inserting "or dispenser" after |