Illinois § 5
Full text of Illinois Illinois Compiled Statutes § 5, with citation guidance and answers to common questions.
§ 5.
Definitions. In this Act: "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V of 21 CFR 1308. "Dispense" has the same meaning as defined in Section 3 of the Pharmacy Practice Act. "Donor" means any person, including an individual member of the public, or any entity legally authorized to possess medicine, including, but not limited to, a wholesaler or distributor, third party logistic provider, pharmacy, dispenser, clinic, surgical or health center, detention and rehabilitation center, jail, prison laboratory, medical or pharmacy school, prescriber or other health care professional, long-term care facility, or healthcare facility. "Donor" includes government agencies and entities that are federally authorized to possess medicine, including, but not limited to, drug manufacturers, repackagers, relabelers, outsourcing facilities, health care facilities operated by the U.S. Department of Veterans Affairs, and prisons. "Drug" means a prescription drug, over-the-counter drug, or supplies needed to administer a prescription or over-the-counter drug. "Eligible patient" means an individual: (1) with a prescription for the drug, if a prescription is required to dispense the drug, or who reports symptoms treated by the drug if the drug is over-the-counter; and (2) who is registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements, if the registration is required to dispense the drug. "Manufacturer" has the same meaning as defined in Section 15 of the Wholesale Drug Distribution Licensing Act. "Pharmacist" means an individual licensed to engage in the practice of pharmacy under the Pharmacy Practice Act or licensed to engage in the practice of pharmacy in another state. "Practitioner" means a person licensed in this State to dispense or administer drugs or who is licensed in another state as a person authorized to dispense or administer drugs. "Prescription drug" means any prescribed drug that may be legally dispensed by a pharmacy. "Prescription drug" does not include a drug for the treatment of cancer that can only be dispensed to a patient registered with the drug manufacturer in accordance with the federal Food and Drug Administration's requirements. "Priority patient" means an eligible patient who is an Illinois resident and who is indigent, uninsured, underinsured, or enrolled in a public health benefits program. "Recipient" means any person or entity legally authorized to possess medicine with a license or permit in the state in which the person or entity is located, including, but not limited to, a wholesaler or distributor, reverse distributor, repackager, hospital, pharmacy, or clinic. "Returns processor" has the same meaning as defined in paragraph (18) of 21 U.S.C. 360eee. "Returns processor" includes, but is not limited to, a reverse distributor. "Unopened tamper-evident packaging" has the same meaning as defined in the United States Pharmacopeia (USP) General Chapter 659, Packaging and Storage Requirements, including, but not limited to, unopened unit-dose, multiple-dose, immediate, secondary, and tertiary packaging. (Source: P.A. 102-389, eff. 1-1-22.) (Text of Section after amendment by P.A. 104-212) Sec. 5. Definitions. In this Act: "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V of 21 CFR 1308. "Department" means the Illinois Department of Public Health. "Dispense" has the same meaning as defined in Section 3 of the Pharmacy Practice Act. "Donor" means any person, including an individual member of the public, or any entity legally authorized to possess medicine, including, but not limited to, a wholesaler or distributor, third party logistic provider, pharmacy, dispenser, clinic, surgical or health center, detention and rehabilitation center, jail, prison laboratory, medical or pharmacy school, prescriber or other health care professional, long-term care facility, or healthcare facility. "Donor" includes government agencies and entities that are federally authorized to possess medicine, including, but not limited to, drug manufacturers, repackagers, relabelers, outsourcing facilities, health care facilities operated by the U.S. Department of Veterans Affairs, and prisons. "Drug" means a prescription drug, over-the-counter drug, or supplies needed to administer a prescription or over-the-counter drug. "Eligible patient" means an individual: (1) with a prescription for the drug, if a prescription is required to dispense the drug, or who reports symptoms treated by the drug if the drug is over-the-counter; and (2) who is registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements, if the registration is required to dispense the drug. "Manufacturer" has the same meaning as defined in Section 15 of the Wholesale Drug Distribution Licensing Act. "Pharmacist" means an individual licensed to engage in the practice of pharmacy under the Pharmacy Practice Act or licensed to engage in the practice of pharmacy in another state. "Practitioner" means a person licensed in this State to dispense or administer drugs or who is licensed in another state as a person authorized to dispense or administer drugs. "Prescription drug" means any prescribed drug that may be legally dispensed by a pharmacy. "Prescription drug" does not include a drug for the treatment of cancer that can only be dispensed to a patient registered with the drug manufacturer in accordance with the federal Food and Drug Administration's requirements. "Priority patient" means an eligible patient who is an Illinois resident and who is indigent, uninsured, underinsured, or enrolled in a public health benefits program. "Recipient" means any person or entity legally authorized to possess medicine with a license or permit in the state in which the person or entity is located, including, but not limited to, a wholesaler or distributor, reverse distributor, repackager, hospital, pharmacy, or clinic. "Returns processor" has the same meaning as defined in paragraph (18) of 21 U.S.C. 360eee. "Returns processor" includes, but is not limited to, a reverse distributor. "Unopened tamper-evident packaging" has the same meaning as defined in the United States Pharmacopeia (USP) General Chapter 659, Packaging and Storage Requirements, including, but not limited to, unopened unit-dose, multiple-dose, immediate, secondary, and tertiary packaging. (Source: P.A. 104-212, eff. 1-1-26.)
Frequently Asked Questions About Illinois § 5
What does Illinois Compiled Statutes § 5 cover?
Section 5 is part of the Illinois Compiled Statutes, the codified statutory law of Illinois. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Illinois § 5?
A common citation format is "Illinois Compiled Statutes § 5" (Illinois). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Illinois law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Illinois official source linked on this page or consult a licensed Illinois attorney.
How does Illinois § 5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Illinois can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Illinois.