Public Act 104-0336
 
HB3849 EnrolledLRB104 08874 AAS 18929 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Pharmacy Practice Act is amended by 
changing Section 16b as follows:
 
    (225 ILCS 85/16b)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 16b. Prescription pick up and drop off. Nothing 
contained in this Act shall prohibit a pharmacist or pharmacy, 
by means of its employee or by use of a common carrier or the 
U.S. mail, at the request of the patient, from picking up 
prescription orders from the prescriber or delivering 
prescription drugs to the patient or the patient's agent, 
including any authorized employee of an organization that an 
advanced practice registered nurse, practical nurse, or 
registered nurse licensed under the Nurse Practice Act, or a 
physician assistant licensed under the Physician Assistant 
Practice Act of 1987, who provides hospice services to a 
hospice patient or that who provides home health services to a 
person, at the residence or place of employment of the person 
for whom the prescription was issued or at the hospital or 
medical care facility in which the patient is confined. 
Conversely, the patient or patient's agent may drop off 
prescriptions at a designated area. In this Section, "home 
health services" has the meaning ascribed to it in the Home 
Health, Home Services, and Home Nursing Agency Licensing Act; 
and "hospice patient" and "hospice services" have the meanings 
ascribed to them in the Hospice Program Licensing Act. 
(Source: P.A. 99-163, eff. 1-1-16; 100-513, eff. 1-1-18.)
 
    Section 10. The Illinois Controlled Substances Act is 
amended by changing Section 302 as follows:
 
    (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
    Sec. 302. (a) Every person who manufactures, distributes, 
or dispenses any controlled substances; engages in chemical 
analysis, research, or instructional activities which utilize 
controlled substances; purchases, stores, or administers 
euthanasia drugs, within this State; provides canine odor 
detection services; proposes to engage in the manufacture, 
distribution, or dispensing of any controlled substance; 
proposes to engage in chemical analysis, research, or 
instructional activities which utilize controlled substances; 
proposes to engage in purchasing, storing, or administering 
euthanasia drugs; or proposes to provide canine odor detection 
services 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, engage in 
chemical analysis, research, or instructional activities which 
utilize controlled substances, purchase, store, or administer 
euthanasia drugs, or provide canine odor detection services, 
may possess, manufacture, distribute, engage in chemical 
analysis, research, or instructional activities which utilize 
controlled substances, dispense those substances, or purchase, 
store, or administer euthanasia drugs, or provide canine odor 
detection services 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; 
        (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; 
        (3) an ultimate user or a person in possession of a 
    controlled substance prescribed for the ultimate user 
    under a lawful prescription of a practitioner, including 
    any authorized employee of an organization that an 
    advanced practice registered nurse, practical nurse, or 
    registered nurse licensed under the Nurse Practice Act, or 
    a physician assistant licensed under the Physician 
    Assistant Practice Act of 1987, who provides hospice 
    services to a hospice patient or that who provides home 
    health services to a person, 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. In this Section, "home health services" has the 
    meaning ascribed to it in the Home Health, Home Services, 
    and Home Nursing Agency Licensing Act; and "hospice 
    patient" and "hospice services" have the meanings ascribed 
    to them in the Hospice Program Licensing Act; 
        (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; 
        (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;
        (6) a holder of a temporary license issued under 
    Section 17 of the Medical Practice Act of 1987 practicing 
    within the scope of that license and in compliance with 
    the rules adopted under this Act. In addition to 
    possessing controlled substances, a temporary license 
    holder may order, administer, and prescribe controlled 
    substances when acting within the scope of his or her 
    license and in compliance with the rules adopted under 
    this Act. 
    (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 Substance Use Disorder 
Act and the rules and regulations promulgated thereunder. 
(Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; 
99-642, eff. 7-28-16; 100-513, eff. 1-1-18; 100-759, eff. 
1-1-19.)