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Illinois General Assembly· HB 3849Governor Approved

PATIENT PRESCRIPTION PICK UP, the official text

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HB3849 Enrolled                      LRB104 08874 AAS 18929 b

1  AN ACT concerning regulation.

2  Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4  Section 5. The Pharmacy Practice Act is amended by

5 changing Section 16b as follows:

6  (225 ILCS 85/16b)

7  (Section scheduled to be repealed on January 1, 2028)

8  Sec. 16b. Prescription pick up and drop off. Nothing

9 contained in this Act shall prohibit a pharmacist or pharmacy,

10 by means of its employee or by use of a common carrier or the

11 U.S. mail, at the request of the patient, from picking up

12 prescription orders from the prescriber or delivering

13 prescription drugs to the patient or the patient's agent,

14 including any authorized employee of an organization that an

15 advanced practice registered nurse, practical nurse, or

16 registered nurse licensed under the Nurse Practice Act, or a

17 physician assistant licensed under the Physician Assistant

18 Practice Act of 1987, who provides hospice services to a

19 hospice patient or that who provides home health services to a

20 person, at the residence or place of employment of the person

21 for whom the prescription was issued or at the hospital or

22 medical care facility in which the patient is confined.

23 Conversely, the patient or patient's agent may drop off
    HB3849 Enrolled  -2-  LRB104 08874 AAS 18929 b

1 prescriptions at a designated area. In this Section, "home
2 health services" has the meaning ascribed to it in the Home
3 Health, Home Services, and Home Nursing Agency Licensing Act;
4 and "hospice patient" and "hospice services" have the meanings
5 ascribed to them in the Hospice Program Licensing Act.
6 (Source: P.A. 99-163, eff. 1-1-16; 100-513, eff. 1-1-18.)

7   Section 10. The Illinois Controlled Substances Act is

8 amended by changing Section 302 as follows:

9   (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)

10  Sec. 302. (a) Every person who manufactures, distributes,

11 or dispenses any controlled substances; engages in chemical

12 analysis, research, or instructional activities which utilize

13 controlled substances; purchases, stores, or administers

14 euthanasia drugs, within this State; provides canine odor

15 detection services; proposes to engage in the manufacture,

16 distribution, or dispensing of any controlled substance;

17 proposes to engage in chemical analysis, research, or

18 instructional activities which utilize controlled substances;

19 proposes to engage in purchasing, storing, or administering

20 euthanasia drugs; or proposes to provide canine odor detection

21 services within this State, must obtain a registration issued

22 by the Department of Financial and Professional Regulation in

23 accordance with its rules. The rules shall include, but not be

24 limited to, setting the expiration date and renewal period for
    HB3849 Enrolled      -3-  LRB104 08874 AAS 18929 b

1 each registration under this Act. The Department, any facility

2 or service licensed by the Department, and any veterinary

3 hospital or clinic operated by a veterinarian or veterinarians

4 licensed under the Veterinary Medicine and Surgery Practice

5 Act of 2004 or maintained by a State-supported or publicly

6 funded university or college shall be exempt from the

7 regulation requirements of this Section; however, such

8 exemption shall not operate to bar the University of Illinois

9 from requesting, nor the Department of Financial and

10 Professional Regulation from issuing, a registration to the

11 University of Illinois Veterinary Teaching Hospital under this

12 Act. Neither a request for such registration nor the issuance

13 of such registration to the University of Illinois shall

14 operate to otherwise waive or modify the exemption provided in

15 this subsection (a).

16  (b) Persons registered by the Department of Financial and

17 Professional Regulation under this Act to manufacture,

18 distribute, or dispense controlled substances, engage in

19 chemical analysis, research, or instructional activities which

20 utilize controlled substances, purchase, store, or administer

21 euthanasia drugs, or provide canine odor detection services,

22 may possess, manufacture, distribute, engage in chemical

23 analysis, research, or instructional activities which utilize

24 controlled substances, dispense those substances, or purchase,

25 store, or administer euthanasia drugs, or provide canine odor

26 detection services to the extent authorized by their
    HB3849 Enrolled          -4-  LRB104 08874 AAS 18929 b

1 registration and in conformity with the other provisions of

2 this Article.

3   (c) The following persons need not register and may

4 lawfully possess controlled substances under this Act:

5   (1) an agent or employee of any registered

6   manufacturer, distributor, or dispenser of any controlled

7   substance if he or she is acting in the usual course of his

8   or her employer's lawful business or employment;

9   (2) a common or contract carrier or warehouseman, or

10  an agent or employee thereof, whose possession of any

11  controlled substance is in the usual lawful course of such

12  business or employment;

13  (3) an ultimate user or a person in possession of a

14  controlled substance prescribed for the ultimate user

15  under a lawful prescription of a practitioner, including

16  any authorized employee of an organization that an

17  advanced practice registered nurse, practical nurse, or

18  registered nurse licensed under the Nurse Practice Act, or

19  a physician assistant licensed under the Physician

20  Assistant Practice Act of 1987, who provides hospice

21  services to a hospice patient or that who provides home

22  health services to a person, or a person in possession of

23  any controlled substance pursuant to a lawful prescription

24  of a practitioner or in lawful possession of a Schedule V

25  substance. In this Section, "home health services" has the

26  meaning ascribed to it in the Home Health, Home Services,
    HB3849 Enrolled  -5-  LRB104 08874 AAS 18929 b

1   and Home Nursing Agency Licensing Act; and "hospice

2   patient" and "hospice services" have the meanings ascribed

3   to them in the Hospice Program Licensing Act;

4   (4) officers and employees of this State or of the

5   United States while acting in the lawful course of their

6   official duties which requires possession of controlled

7   substances;

8   (5) a registered pharmacist who is employed in, or the

9   owner of, a pharmacy licensed under this Act and the

10  Federal Controlled Substances Act, at the licensed

11  location, or if he or she is acting in the usual course of

12  his or her lawful profession, business, or employment;

13  (6) a holder of a temporary license issued under

14  Section 17 of the Medical Practice Act of 1987 practicing

15  within the scope of that license and in compliance with

16  the rules adopted under this Act. In addition to

17  possessing controlled substances, a temporary license

18  holder may order, administer, and prescribe controlled

19  substances when acting within the scope of his or her

20  license and in compliance with the rules adopted under

21  this Act.

22  (d) A separate registration is required at each place of

23 business or professional practice where the applicant

24 manufactures, distributes, or dispenses controlled substances,

25 or purchases, stores, or administers euthanasia drugs. Persons

26 are required to obtain a separate registration for each place
   HB3849 Enrolled              -6-  LRB104 08874 AAS 18929 b

1 of business or professional practice where controlled

2 substances are located or stored. A separate registration is

3 not required for every location at which a controlled

4 substance may be prescribed.

5  (e) The Department of Financial and Professional

6 Regulation or the Illinois State Police may inspect the

7 controlled premises, as defined in Section 502 of this Act, of

8 a registrant or applicant for registration in accordance with

9 this Act and the rules promulgated hereunder and with regard

10 to persons licensed by the Department, in accordance with

11 subsection (bb) of Section 30-5 of the Substance Use Disorder

12 Act and the rules and regulations promulgated thereunder.

13 (Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15;

14 99-642, eff. 7-28-16; 100-513, eff. 1-1-18; 100-759, eff.

15 1-1-19.)
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