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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Clinical Psychologist Licensing Act is | ||||||||||||||||||||||||||||||||||||||||||||||
5 | amended by changing Sections 2 and 15 and by adding Sections | ||||||||||||||||||||||||||||||||||||||||||||||
6 | 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, and 5.8 as follows:
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7 | (225 ILCS 15/2) (from Ch. 111, par. 5352)
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8 | (Section scheduled to be repealed on January 1, 2017)
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9 | Sec. 2. Definitions. As used in this Act:
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10 | (1) "Department" means the Department of Financial and
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11 | Professional Regulation.
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12 | (2) "Secretary" means the Secretary
of Financial and | ||||||||||||||||||||||||||||||||||||||||||||||
13 | Professional Regulation.
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14 | (3) "Board" means the Clinical Psychologists Licensing
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15 | and
Disciplinary
Board appointed by the Secretary.
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16 | (4) "Person" means an individual, association, | ||||||||||||||||||||||||||||||||||||||||||||||
17 | partnership or corporation.
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18 | (5) "Clinical psychology" means the independent
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19 | evaluation, classification and treatment of mental, | ||||||||||||||||||||||||||||||||||||||||||||||
20 | emotional, behavioral
or nervous disorders or conditions, | ||||||||||||||||||||||||||||||||||||||||||||||
21 | developmental disabilities, alcoholism
and substance | ||||||||||||||||||||||||||||||||||||||||||||||
22 | abuse, disorders of habit or conduct, the psychological
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23 | aspects of physical illness. The practice of clinical |
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1 | psychology includes
psychoeducational evaluation, therapy, | ||||||
2 | remediation and consultation, the
use of psychological and | ||||||
3 | neuropsychological testing, assessment,
psychotherapy, | ||||||
4 | psychoanalysis, hypnosis, biofeedback, and behavioral
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5 | modification when any of these are used for the purpose of | ||||||
6 | preventing or
eliminating psychopathology, or for the | ||||||
7 | amelioration of psychological
disorders of individuals or | ||||||
8 | groups. "Clinical psychology" does not include
the use of | ||||||
9 | hypnosis by unlicensed persons
pursuant to Section 3.
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10 | (6) A person represents himself to be a "clinical | ||||||
11 | psychologist" within
the meaning of this Act when he or she | ||||||
12 | holds himself out to the public by
any title or description | ||||||
13 | of services incorporating the words "psychological",
| ||||||
14 | "psychologic", "psychologist", "psychology", or "clinical | ||||||
15 | psychologist" or
under such title or description offers to | ||||||
16 | render or renders clinical
psychological services as | ||||||
17 | defined in paragraph (7) of this Section to
individuals, | ||||||
18 | corporations, or the public for remuneration.
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19 | (7) "Clinical psychological services" refers to any | ||||||
20 | services under
paragraph (5) of this Section if the words | ||||||
21 | "psychological", "psychologic",
"psychologist", | ||||||
22 | "psychology" or "clinical psychologist" are used to
| ||||||
23 | describe such services by the person or
organization | ||||||
24 | offering to render or rendering them.
| ||||||
25 | (8) "Drugs" has the meaning given to that term in the | ||||||
26 | Pharmacy Practice Act of 1987. |
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1 | (9) "Medicines" has the meaning given to that term in | ||||||
2 | the Pharmacy Practice Act of 1987. | ||||||
3 | (10) "Prescription" means an order for a drug, | ||||||
4 | laboratory test, or any medicines, devices, or
treatments, | ||||||
5 | including controlled substances, as defined
by State law. | ||||||
6 | (11) "Prescriptive authority" means the authority to | ||||||
7 | prescribe and dispense drugs, medicines, or other | ||||||
8 | treatment procedures. | ||||||
9 | (12) "Medical psychologist" means a licensed, doctoral | ||||||
10 | level psychologist who has undergone specialized training, | ||||||
11 | has passed an examination accepted by the Board, and has | ||||||
12 | received a current certificate granting prescriptive | ||||||
13 | authority that has not been revoked or suspended from the | ||||||
14 | Board. | ||||||
15 | This Act shall not apply to persons lawfully carrying on | ||||||
16 | their particular
profession or business under any valid | ||||||
17 | existing regulatory Act of the State.
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18 | (Source: P.A. 94-870, eff. 6-16-06.)
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19 | (225 ILCS 15/5.1 new) | ||||||
20 | Sec. 5.1. Certification to prescribe drugs. The Board shall | ||||||
21 | certify medical psychologists to prescribe and dispense drugs | ||||||
22 | under the direction of a supervising physician. The medical | ||||||
23 | psychologist shall prescribe only those drugs which are used in | ||||||
24 | the treatment of mental, emotional and psychological disorders | ||||||
25 | in accordance with applicable State and federal laws which are |
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1 | approved by the FDA for the treatment of any condition in the | ||||||
2 | most recent edition of the Diagnostic and Treatment Manual of | ||||||
3 | the American Psychiatric Association. The medical psychologist | ||||||
4 | shall prescribe only those drugs for which the medical | ||||||
5 | psychologist has been trained and which have been approved by | ||||||
6 | the medical psychologist's supervising physician. Only | ||||||
7 | conditions listed in the Diagnostic and Statistical Manual of | ||||||
8 | the American Psychiatric Association shall be treated using | ||||||
9 | drugs by the Prescribing Psychologist. | ||||||
10 | (225 ILCS 15/5.2 new) | ||||||
11 | Sec. 5.2. Application requirements for prescriptive
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12 | authority. | ||||||
13 | (a) The Department shall grant certification to a | ||||||
14 | psychologist who applies for prescriptive authority and | ||||||
15 | demonstrates by official transcript or other official evidence | ||||||
16 | satisfactory to the Board all of the following: | ||||||
17 | (1) completion of a doctoral program in psychology from | ||||||
18 | a regionally-accredited university or professional school | ||||||
19 | or, if the program is not accredited at the time of | ||||||
20 | graduation, completion of a doctoral program in
psychology | ||||||
21 | that meets recognized acceptable professional standards as | ||||||
22 | determined by the Board; | ||||||
23 | (2) that he or she holds a current license to practice | ||||||
24 | psychology in the State;
| ||||||
25 | (3) completion of an organized program of intensive |
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| |||||||
1 | didactic instruction as defined by the Board within the | ||||||
2 | 5-year period immediately before the date of application, | ||||||
3 | consisting of a minimum of 300 contact hours and consisting | ||||||
4 | of the following core areas of instruction: neuroscience, | ||||||
5 | pharmacology, psychopharmacology, physiology, | ||||||
6 | pathophysiology, appropriate and relevant physical and | ||||||
7 | laboratory assessment, and clinical pharmacotherapeutics; | ||||||
8 | (4) that he or she has obtained supervised and relevant | ||||||
9 | clinical experience sufficient to achieve competency in | ||||||
10 | the treatment of a diverse patient
population under the | ||||||
11 | direction of qualified practitioners, as determined by the | ||||||
12 | Board, within the 5-year period immediately preceding the | ||||||
13 | date of application that includes the pharmacological | ||||||
14 | treatment of a minimum of 100 patients under the full | ||||||
15 | supervision and control of a designated qualified | ||||||
16 | practitioner, who will then certify the clinical | ||||||
17 | competency of the candidate for certification; and that he | ||||||
18 | or she has had a minimum of 80 hours of supervised training | ||||||
19 | in physical assessment under the full supervision and | ||||||
20 | control of a designated qualified practitioner, and | ||||||
21 | (5) that he or she has passed a certifying examination | ||||||
22 | stipulated by the Board. | ||||||
23 | (b) The Department shall grant certification to a | ||||||
24 | psychologist who applies for prescriptive authority, has | ||||||
25 | completed the requirements specified in subsection (a), except | ||||||
26 | that the academic requirements in paragraph (3) of
subsection |
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1 | (a) have been met more than 5 years prior to the application | ||||||
2 | for prescriptive authority, and has completed 12 hours of | ||||||
3 | continuing education during the year immediately prior to | ||||||
4 | application as required by subsection (b) of Section 5.3 of | ||||||
5 | this Act. | ||||||
6 | (225 ILCS 15/5.3 new) | ||||||
7 | Sec. 5.3. Renewal of prescriptive authority. | ||||||
8 | (a) The Board shall establish by rule a method for the
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9 | annual renewal of prescriptive authority at the time of or in
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10 | conjunction with the renewal of clinical psychology licenses. | ||||||
11 | (b) Each applicant for renewal of prescriptive authority
| ||||||
12 | shall present satisfactory evidence to the Board demonstrating
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13 | the completion of 12 required hours of instruction relevant
to | ||||||
14 | prescriptive authority during the year prior to
application for | ||||||
15 | renewal. | ||||||
16 | (225 ILCS 15/5.4 new) | ||||||
17 | Sec. 5.4. Prescribing practices. | ||||||
18 | (a) Every prescription by a medical psychologist shall | ||||||
19 | comply with all applicable State and federal laws, be | ||||||
20 | identified as issued by the psychologist as a "medical | ||||||
21 | psychologist", and shall include the prescriber's | ||||||
22 | identification number assigned by the Board. | ||||||
23 | (b) Records of all prescriptions shall be maintained in
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24 | patient records. |
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1 | (c) A medical psychologist shall not delegate the | ||||||
2 | prescribing of drugs to any other person. | ||||||
3 | (d) A medical psychologist shall maintain an ongoing | ||||||
4 | collaborative relationship with the health care practitioner | ||||||
5 | who oversees the patient's general medical care to ensure that | ||||||
6 | necessary medical examinations are conducted, the psychotropic | ||||||
7 | medication is appropriate for the patient's medical condition | ||||||
8 | and significant changes in the patient's medical or | ||||||
9 | psychological condition are discussed. | ||||||
10 | (e) For the purpose of this Section: "collaborative | ||||||
11 | relationship" means a cooperative working relationship between | ||||||
12 | a prescribing clinical psychologist and a health care | ||||||
13 | practitioner in the provision of patient care, including | ||||||
14 | diagnosis and cooperation in the management and delivery of | ||||||
15 | physical and mental health care; and "health care practitioner" | ||||||
16 | means a physician, osteopathic physician or nurse | ||||||
17 | practitioner. | ||||||
18 | (225 ILCS 15/5.5 new) | ||||||
19 | Sec. 5.5. Controlled substance prescriptive authority. | ||||||
20 | (a) When authorized to prescribe controlled substances, | ||||||
21 | each psychologist certified to prescribe shall file in a timely | ||||||
22 | manner any and all individual Drug Enforcement Administration | ||||||
23 | (DEA) registrations and numbers with the Board. Medical | ||||||
24 | Psychologists shall be designated as Mid-Level Practitioners, | ||||||
25 | shall be prohibited from prescribing narcotics and shall be |
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1 | limited to the prescription of those drugs which appear on | ||||||
2 | Schedule 2N, 3N, 4 and 5 of the Federal Drug Enforcement | ||||||
3 | Agency's Schedule of Controlled Substances. | ||||||
4 | (b) The Board shall maintain current records of every | ||||||
5 | medical psychologist, including DEA registration and numbers. | ||||||
6 | (225 ILCS 15/5.6 new) | ||||||
7 | Sec. 5.6. Interaction with the Illinois State Board of
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8 | Pharmacy. | ||||||
9 | (a) The Board shall transmit to the Illinois State Board of | ||||||
10 | Pharmacy an annual list of medical psychologists containing the | ||||||
11 | following information: | ||||||
12 | (1) the name of the medical psychologist; | ||||||
13 | (2) the name and license number of the medical | ||||||
14 | psychologist's Supervising Physician and the supervising | ||||||
15 | physician's License Number; | ||||||
16 | (3) the medical psychologist's identification number | ||||||
17 | assigned by the Board; and | ||||||
18 | (4) the effective date of prescriptive authority. | ||||||
19 | (b) The Board shall promptly forward to the Illinois State | ||||||
20 | Board of Pharmacy the names and titles of psychologists added | ||||||
21 | to or deleted from the annual list of medical
psychologists. | ||||||
22 | (c) The Board shall notify the Illinois State Board of | ||||||
23 | Pharmacy in a timely manner upon termination, suspension, or | ||||||
24 | reinstatement of a psychologist's prescriptive authority. |
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1 | (225 ILCS 15/5.7 new) | ||||||
2 | Sec. 5.7. Collaboration with the patient's primary care | ||||||
3 | provider. The medical psychologist shall obtain approval from a | ||||||
4 | patient’s primary care provider prior to starting, altering or | ||||||
5 | discontinuing any medication except in the case of an | ||||||
6 | emergency. In the case of an emergency the medical psychologist | ||||||
7 | shall obtain the approval of the patient’s physician as quickly | ||||||
8 | as possible. The medical psychologist shall collaborate with | ||||||
9 | the patient’s primary care provider while continuing to | ||||||
10 | practice under the supervision of the medical psychologist's | ||||||
11 | supervising physician. | ||||||
12 | Nothing in this Act shall limit the medical psychologist in | ||||||
13 | the practice of non-pharmacologic clinical psychology as | ||||||
14 | defined in the Psychology Licensing Act. | ||||||
15 | The Board shall develop and implement procedures for | ||||||
16 | reviewing educational and training credentials for that | ||||||
17 | certification process in accordance with current standards of | ||||||
18 | professional practice. The Board may seek the advice of other | ||||||
19 | State agencies with relevant experience in devising the | ||||||
20 | certification procedures and criteria. | ||||||
21 | (225 ILCS 15/5.8 new) | ||||||
22 | Sec. 5.8. Agreement with a supervising physician. The | ||||||
23 | medical psychologist shall practice the management of | ||||||
24 | psychotropic
medications under the supervision of a physician, | ||||||
25 | licensed in the State, who is experienced in the management of |
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1 | medications used in the
treatment of mental disorders. For the | ||||||
2 | management of psychotropic medication,
the medical | ||||||
3 | psychologist will: | ||||||
4 | (a) Obtain a written supervisory agreement that shall | ||||||
5 | describe the working relationship of the medical psychologist | ||||||
6 | with the supervising physician and shall authorize the | ||||||
7 | conditions to be treated and treatment protocols procedures to | ||||||
8 | be performed by the medical psychologist. The treatment to be | ||||||
9 | provided by the medical psychologist as defined by the | ||||||
10 | supervisory agreement shall be services that the supervising | ||||||
11 | physician generally provides to his or her patients in the | ||||||
12 | normal course of his or her clinical medical practice. The | ||||||
13 | agreement need not describe the exact steps that the Medical | ||||||
14 | Psychologist must take with respect to each specific condition, | ||||||
15 | disease, or symptom, but must specify which authorized | ||||||
16 | procedures require the Physician’s approval prior to | ||||||
17 | proceeding. The supervisory relationship under an agreement | ||||||
18 | shall not be construed to require the personal presence of a | ||||||
19 | physician nor to require that the medical psychologist be | ||||||
20 | employed by the supervising physician. | ||||||
21 | (b) Maintain a copy of the signed, written supervisory | ||||||
22 | agreement which must be available to the Board upon request | ||||||
23 | from both the medical psychologist and the supervising | ||||||
24 | physician and shall be annually updated. The medical | ||||||
25 | psychologist shall inform each supervising physician of all | ||||||
26 | collaborative agreements he or she has signed and provide a |
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1 | copy of these to any supervising physician, upon request. The | ||||||
2 | supervisory agreement must be renewed annually and signed by | ||||||
3 | both the supervising physician and the medical psychologist.
| ||||||
4 | (225 ILCS 15/15) (from Ch. 111, par. 5365)
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5 | (Section scheduled to be repealed on January 1, 2017)
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6 | Sec. 15. Disciplinary action; grounds. | ||||||
7 | (a) The Department may refuse to
issue, refuse to renew, | ||||||
8 | suspend,
or revoke any license, or may place on probation, | ||||||
9 | censure, reprimand, or
take other disciplinary action deemed | ||||||
10 | appropriate by the Department,
including the imposition of | ||||||
11 | fines not to exceed $10,000 for each violation,
with regard to | ||||||
12 | any license issued under the provisions of this Act for any
one | ||||||
13 | or a combination of the following reasons:
| ||||||
14 | (1) Conviction of, or entry of a plea of guilty or nolo | ||||||
15 | contendere to, any crime that is a felony under the laws of
| ||||||
16 | the United
States or any state or territory thereof or that | ||||||
17 | is a misdemeanor
of which an
essential element is | ||||||
18 | dishonesty, or any crime that
is
directly
related to the | ||||||
19 | practice of the profession.
| ||||||
20 | (2) Gross negligence in the rendering of clinical | ||||||
21 | psychological
services.
| ||||||
22 | (3) Using fraud or making any misrepresentation in | ||||||
23 | applying for a license
or in passing the examination | ||||||
24 | provided for in this Act.
| ||||||
25 | (4) Aiding or abetting or conspiring to aid or abet a |
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| |||||||
1 | person, not a
clinical psychologist licensed under this | ||||||
2 | Act, in representing himself or
herself as
so licensed or | ||||||
3 | in applying for a license under this Act.
| ||||||
4 | (5) Violation of any provision of this Act or the rules | ||||||
5 | promulgated
thereunder.
| ||||||
6 | (6) Professional connection or association with any | ||||||
7 | person, firm,
association, partnership or corporation | ||||||
8 | holding himself, herself,
themselves, or
itself out in any | ||||||
9 | manner contrary to this Act.
| ||||||
10 | (7) Unethical, unauthorized or unprofessional conduct | ||||||
11 | as defined by rule.
In establishing those rules, the | ||||||
12 | Department shall consider, though is not
bound by, the | ||||||
13 | ethical standards for psychologists promulgated by | ||||||
14 | recognized
national psychology associations.
| ||||||
15 | (8) Aiding or assisting another person in violating any | ||||||
16 | provisions of this
Act or the rules promulgated thereunder.
| ||||||
17 | (9) Failing to provide, within 60 days, information in | ||||||
18 | response to a
written request made by the Department.
| ||||||
19 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
20 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
21 | that results in a
clinical
psychologist's inability to | ||||||
22 | practice with reasonable judgment, skill or
safety.
| ||||||
23 | (11) Discipline by another state, territory, the | ||||||
24 | District of Columbia or
foreign country, if at least one of | ||||||
25 | the grounds for the discipline is the
same or substantially | ||||||
26 | equivalent to those set forth herein.
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1 | (12) Directly or indirectly giving or receiving from | ||||||
2 | any person, firm,
corporation, association or partnership | ||||||
3 | any fee, commission, rebate or
other form of compensation | ||||||
4 | for any professional service not actually or
personally | ||||||
5 | rendered.
| ||||||
6 | (13) A finding by the Board that the licensee, after
| ||||||
7 | having his or her
license placed on probationary status has | ||||||
8 | violated the terms of
probation.
| ||||||
9 | (14) Willfully making or filing false records or | ||||||
10 | reports, including but
not limited to, false records or | ||||||
11 | reports filed with State agencies or
departments.
| ||||||
12 | (15) Physical illness, including but not limited to, | ||||||
13 | deterioration through
the aging process, mental illness or | ||||||
14 | disability that results in
the inability to practice the | ||||||
15 | profession
with reasonable judgment, skill and safety.
| ||||||
16 | (16) Willfully failing to report an instance of | ||||||
17 | suspected child abuse or
neglect as required by the Abused | ||||||
18 | and Neglected Child Reporting Act.
| ||||||
19 | (17) Being named as a perpetrator in an indicated | ||||||
20 | report by the Department
of Children and Family Services | ||||||
21 | pursuant to the Abused and Neglected Child
Reporting Act, | ||||||
22 | and upon proof by clear and convincing evidence that the
| ||||||
23 | licensee has caused a child to be an abused child or | ||||||
24 | neglected child as defined
in the Abused and Neglected | ||||||
25 | Child Reporting Act.
| ||||||
26 | (18) Violation of the Health Care Worker Self-Referral |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (19) Making a material misstatement in furnishing | ||||||
3 | information to the
Department, any other State or federal | ||||||
4 | agency, or any other entity.
| ||||||
5 | (20) Failing to report to the Department any adverse | ||||||
6 | judgment, settlement, or award arising from a liability | ||||||
7 | claim related to an act or conduct similar to an act or | ||||||
8 | conduct that would constitute grounds for action as set | ||||||
9 | forth in this Section. | ||||||
10 | (21) Failing to report to the Department any adverse | ||||||
11 | final action taken against a licensee or applicant by | ||||||
12 | another licensing jurisdiction, including any other state | ||||||
13 | or territory of the United States or any foreign state or | ||||||
14 | country, or any peer review body, health care institution, | ||||||
15 | professional society or association related to the | ||||||
16 | profession, governmental agency, law enforcement agency, | ||||||
17 | or court for an act or conduct similar to an act or conduct | ||||||
18 | that would constitute grounds for disciplinary action as | ||||||
19 | set forth in this Section.
| ||||||
20 | The entry of an order by any circuit court establishing | ||||||
21 | that any person
holding a license under this Act is subject to | ||||||
22 | involuntary admission or
judicial admission as provided for in | ||||||
23 | the Mental Health and Developmental
Disabilities Code, | ||||||
24 | operates as an automatic suspension of that license. That
| ||||||
25 | person may have his or her license restored only upon the | ||||||
26 | determination by
a circuit
court that the patient is no longer |
| |||||||
| |||||||
1 | subject to involuntary admission or
judicial admission and the | ||||||
2 | issuance of an order so finding and discharging the
patient and | ||||||
3 | upon the Board's recommendation to the
Department that the
| ||||||
4 | license be restored. Where the circumstances so indicate, the | ||||||
5 | Board may
recommend to the Department that it require an | ||||||
6 | examination prior to restoring
any license so automatically | ||||||
7 | suspended.
| ||||||
8 | The Department may refuse to issue or may suspend the | ||||||
9 | license of any person
who fails to file a return, or to pay the | ||||||
10 | tax, penalty or interest shown in
a filed return, or to pay any | ||||||
11 | final assessment of the tax penalty or
interest, as required by | ||||||
12 | any tax Act administered by the Illinois
Department of Revenue, | ||||||
13 | until such time as the requirements of any such tax
Act are | ||||||
14 | satisfied.
| ||||||
15 | In enforcing this Section, the Board upon a showing of a | ||||||
16 | possible
violation may compel any person licensed to practice | ||||||
17 | under this Act, or
who has applied for licensure or | ||||||
18 | certification pursuant to this Act, to submit
to a mental or | ||||||
19 | physical examination, or both, as required by and at the | ||||||
20 | expense
of the Department. The examining physicians or clinical | ||||||
21 | psychologists
shall be those specifically designated by the | ||||||
22 | Board.
The Board or the Department may order the examining | ||||||
23 | physician or clinical
psychologist to present testimony | ||||||
24 | concerning this mental or physical
examination
of the licensee | ||||||
25 | or applicant. No information shall be excluded by reason of
any | ||||||
26 | common law or statutory privilege relating to communications |
| |||||||
| |||||||
1 | between the
licensee or applicant and the examining physician | ||||||
2 | or clinical psychologist.
The person to be examined may have, | ||||||
3 | at his or her own expense, another
physician or clinical | ||||||
4 | psychologist of his or her choice present during all
aspects of | ||||||
5 | the examination. Failure of any person to submit to a mental or
| ||||||
6 | physical examination, when directed, shall be grounds for | ||||||
7 | suspension of a
license until the person submits to the | ||||||
8 | examination if the Board finds,
after notice and hearing, that | ||||||
9 | the refusal to submit to the examination was
without reasonable | ||||||
10 | cause.
| ||||||
11 | If the Board finds a person unable to practice because of | ||||||
12 | the reasons
set forth in this Section, the Board may require | ||||||
13 | that person to submit to
care, counseling or treatment by | ||||||
14 | physicians or clinical psychologists approved
or designated by | ||||||
15 | the Board, as a condition, term, or restriction for continued,
| ||||||
16 | reinstated, or
renewed licensure to practice; or, in lieu of | ||||||
17 | care, counseling or treatment,
the
Board may recommend to the | ||||||
18 | Department to file a complaint to immediately
suspend, revoke | ||||||
19 | or otherwise discipline the license of the person.
Any person | ||||||
20 | whose
license was granted, continued, reinstated, renewed, | ||||||
21 | disciplined or supervised
subject to such terms, conditions or | ||||||
22 | restrictions, and who fails to comply with
such terms, | ||||||
23 | conditions or restrictions, shall be referred to the Secretary | ||||||
24 | for a
determination as to whether the person shall have his or | ||||||
25 | her license
suspended immediately, pending a hearing by the | ||||||
26 | Board.
|
| |||||||
| |||||||
1 | In instances in which the Secretary immediately suspends a | ||||||
2 | person's license
under this Section, a hearing on that person's | ||||||
3 | license must be convened by
the Board within 15 days after the | ||||||
4 | suspension and completed without appreciable
delay.
The Board | ||||||
5 | shall have the authority to review the subject person's record | ||||||
6 | of
treatment and counseling regarding the impairment, to the | ||||||
7 | extent permitted by
applicable federal statutes and | ||||||
8 | regulations safeguarding the confidentiality of
medical | ||||||
9 | records.
| ||||||
10 | A person licensed under this Act and affected under this | ||||||
11 | Section shall
be
afforded an opportunity to demonstrate to the | ||||||
12 | Board that he or she can resume
practice in compliance with | ||||||
13 | acceptable and prevailing standards under the
provisions of his | ||||||
14 | or her license.
| ||||||
15 | (b) The Board shall prescribe by rule criteria for
| ||||||
16 | disciplining, suspending, or revoking the prescriptive
| ||||||
17 | authority of a medical psychologist. The
Board shall have the | ||||||
18 | power and duty to require remediation,
suspension, or | ||||||
19 | revocation of a psychologist's prescriptive
authority for a | ||||||
20 | specified period of time to be determined at
the discretion of | ||||||
21 | the Board in accordance with State
law. | ||||||
22 | (Source: P.A. 94-870, eff. 6-16-06.)
| ||||||
23 | Section 10. The Nurse Practice Act is amended by changing | ||||||
24 | Section 50-10 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 65/50-10)
(was 225 ILCS 65/5-10)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
3 | Sec. 50-10. Definitions. Each of the following terms, when | ||||||
4 | used
in this Act, shall have the meaning ascribed to it in this | ||||||
5 | Section, except
where the context clearly indicates otherwise:
| ||||||
6 | "Academic year" means the customary annual schedule of | ||||||
7 | courses at a
college, university, or approved school, | ||||||
8 | customarily regarded as the school
year as distinguished from | ||||||
9 | the calendar year.
| ||||||
10 | "Advanced practice nurse" or "APN" means a person who has | ||||||
11 | met the qualifications for a (i) certified nurse midwife (CNM); | ||||||
12 | (ii) certified nurse practitioner (CNP); (iii) certified | ||||||
13 | registered nurse anesthetist (CRNA); or (iv) clinical nurse | ||||||
14 | specialist (CNS) and has been licensed by the Department. All | ||||||
15 | advanced practice nurses licensed and practicing in the State | ||||||
16 | of Illinois shall use the title APN and may use speciality | ||||||
17 | credentials after their name.
| ||||||
18 | "Approved program of professional nursing education" and | ||||||
19 | "approved
program of practical nursing education" are programs | ||||||
20 | of professional or
practical nursing, respectively, approved | ||||||
21 | by the Department under the
provisions of this Act.
| ||||||
22 | "Board" means the Board of Nursing appointed by the | ||||||
23 | Secretary. | ||||||
24 | "Collaboration" means a process involving 2 or more health | ||||||
25 | care professionals working together, each contributing one's | ||||||
26 | respective area of expertise to provide more comprehensive |
| |||||||
| |||||||
1 | patient care. | ||||||
2 | "Consultation" means the process whereby an advanced | ||||||
3 | practice nurse seeks the advice or opinion of another health | ||||||
4 | care professional. | ||||||
5 | "Credentialed" means the process of assessing and | ||||||
6 | validating the qualifications of a health care professional. | ||||||
7 | "Current nursing practice update course" means a planned | ||||||
8 | nursing education curriculum approved by the Department | ||||||
9 | consisting of activities that have educational objectives, | ||||||
10 | instructional methods, content or subject matter, clinical | ||||||
11 | practice, and evaluation methods, related to basic review and | ||||||
12 | updating content and specifically planned for those nurses | ||||||
13 | previously licensed in the United States or its territories and | ||||||
14 | preparing for reentry into nursing practice. | ||||||
15 | "Dentist" means a person licensed to practice dentistry | ||||||
16 | under the Illinois Dental Practice Act. | ||||||
17 | "Department" means the Department of Financial and | ||||||
18 | Professional Regulation. | ||||||
19 | "Impaired nurse" means a nurse licensed under this Act who | ||||||
20 | is unable to practice with reasonable skill and safety because | ||||||
21 | of a physical or mental disability as evidenced by a written | ||||||
22 | determination or written consent based on clinical evidence, | ||||||
23 | including loss of motor skills, abuse of drugs or alcohol, or a | ||||||
24 | psychiatric disorder, of sufficient degree to diminish his or | ||||||
25 | her ability to deliver competent patient care. | ||||||
26 | "License-pending advanced practice nurse" means a |
| |||||||
| |||||||
1 | registered professional nurse who has completed all | ||||||
2 | requirements for licensure as an advanced practice nurse except | ||||||
3 | the certification examination and has applied to take the next | ||||||
4 | available certification exam and received a temporary license | ||||||
5 | from the Department. | ||||||
6 | "License-pending registered nurse" means a person who has | ||||||
7 | passed the Department-approved registered nurse licensure exam | ||||||
8 | and has applied for a license from the Department. A | ||||||
9 | license-pending registered nurse shall use the title "RN lic | ||||||
10 | pend" on all documentation related to nursing practice. | ||||||
11 | "Physician" means a person licensed to practice medicine in | ||||||
12 | all its branches under the Medical Practice Act of 1987. | ||||||
13 | "Podiatrist" means a person licensed to practice podiatry | ||||||
14 | under the Podiatric Medical Practice Act of 1987.
| ||||||
15 | "Practical nurse" or "licensed practical nurse" means a | ||||||
16 | person who is
licensed as a practical nurse under this Act and | ||||||
17 | practices practical
nursing as defined in this Act. Only a | ||||||
18 | practical nurse
licensed under this Act is entitled to use the | ||||||
19 | title "licensed practical
nurse" and the abbreviation | ||||||
20 | "L.P.N.".
| ||||||
21 | "Practical nursing" means the performance of
nursing acts | ||||||
22 | requiring the basic nursing knowledge, judgement, and skill
| ||||||
23 | acquired by means of completion of an approved practical | ||||||
24 | nursing education
program. Practical nursing includes | ||||||
25 | assisting in the nursing process as
delegated by a registered | ||||||
26 | professional nurse or an advanced practice nurse. The
practical |
| |||||||
| |||||||
1 | nurse may work under the direction of a licensed physician, | ||||||
2 | dentist,
podiatrist, or other health care professional | ||||||
3 | determined by the Department.
| ||||||
4 | "Privileged" means the authorization granted by the | ||||||
5 | governing body of a healthcare facility, agency, or | ||||||
6 | organization to provide specific patient care services within | ||||||
7 | well-defined limits, based on qualifications reviewed in the | ||||||
8 | credentialing process.
| ||||||
9 | "Registered Nurse" or "Registered Professional Nurse" | ||||||
10 | means a person
who is licensed as a professional nurse under | ||||||
11 | this Act and practices
nursing as defined in
this Act. Only a | ||||||
12 | registered
nurse licensed under this Act is entitled to use the
| ||||||
13 | titles "registered nurse" and "registered professional nurse" | ||||||
14 | and the
abbreviation, "R.N.".
| ||||||
15 | "Registered professional nursing practice" is a scientific | ||||||
16 | process founded on a professional body of knowledge; it is a | ||||||
17 | learned profession based on the understanding of the human | ||||||
18 | condition across the life span and environment and
includes all
| ||||||
19 | nursing
specialities and means the performance of any nursing | ||||||
20 | act based upon
professional knowledge, judgment, and skills | ||||||
21 | acquired by means of completion
of an approved professional | ||||||
22 | nursing education program. A registered
professional nurse | ||||||
23 | provides holistic nursing care through the nursing process
to | ||||||
24 | individuals, groups, families, or communities, that includes | ||||||
25 | but is not
limited to: (1) the assessment of healthcare needs, | ||||||
26 | nursing diagnosis,
planning, implementation, and nursing |
| |||||||
| |||||||
1 | evaluation; (2) the promotion,
maintenance, and restoration of | ||||||
2 | health; (3) counseling, patient education,
health education, | ||||||
3 | and patient advocacy; (4) the administration of medications
and | ||||||
4 | treatments as prescribed by a physician licensed to practice | ||||||
5 | medicine in
all of its branches, a licensed dentist, a licensed | ||||||
6 | podiatrist, a medical psychologist, or a licensed
optometrist | ||||||
7 | or as prescribed by a physician assistant in accordance with
| ||||||
8 | written guidelines required under the Physician Assistant | ||||||
9 | Practice Act of 1987
or by an advanced practice nurse in | ||||||
10 | accordance with Article 65 of this Act; (5) the
coordination | ||||||
11 | and management of the nursing plan of care; (6) the delegation | ||||||
12 | to
and supervision of individuals who assist the registered | ||||||
13 | professional nurse
implementing the plan of care; and (7) | ||||||
14 | teaching nursing
students. The foregoing shall not be deemed to | ||||||
15 | include
those acts of medical diagnosis or prescription of | ||||||
16 | therapeutic or
corrective measures.
| ||||||
17 | "Professional assistance program for nurses" means a | ||||||
18 | professional
assistance program that meets criteria | ||||||
19 | established by the Board of Nursing
and approved by the | ||||||
20 | Secretary, which provides a non-disciplinary treatment
| ||||||
21 | approach for nurses licensed under this Act whose ability to | ||||||
22 | practice is
compromised by alcohol or chemical substance | ||||||
23 | addiction.
| ||||||
24 | "Secretary" means the Secretary of Financial and | ||||||
25 | Professional Regulation. | ||||||
26 | "Unencumbered license" means a license issued in good |
| |||||||
| |||||||
1 | standing. | ||||||
2 | "Written collaborative agreement" means a written | ||||||
3 | agreement between an advanced practice nurse and a | ||||||
4 | collaborating physician, dentist, or podiatrist pursuant to | ||||||
5 | Section 65-35.
| ||||||
6 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
7 | Section 20. The Illinois Controlled Substances Act is | ||||||
8 | amended by changing Section 102 as follows: | ||||||
9 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
10 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
11 | context
otherwise requires:
| ||||||
12 | (a) "Addict" means any person who habitually uses any drug, | ||||||
13 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
14 | to endanger the public
morals, health, safety or welfare or who | ||||||
15 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
16 | substance other than alcohol as to have lost
the power of self | ||||||
17 | control with reference to his addiction.
| ||||||
18 | (b) "Administer" means the direct application of a | ||||||
19 | controlled
substance, whether by injection, inhalation, | ||||||
20 | ingestion, or any other
means, to the body of a patient, | ||||||
21 | research subject, or animal (as
defined by the Humane | ||||||
22 | Euthanasia in Animal Shelters Act) by:
| ||||||
23 | (1) a practitioner (or, in his presence, by his | ||||||
24 | authorized agent),
|
| |||||||
| |||||||
1 | (2) the patient or research subject at the lawful | ||||||
2 | direction of the
practitioner, or
| ||||||
3 | (3) a euthanasia technician as defined by the Humane | ||||||
4 | Euthanasia in
Animal Shelters Act.
| ||||||
5 | (c) "Agent" means an authorized person who acts on behalf | ||||||
6 | of or at
the direction of a manufacturer, distributor, or | ||||||
7 | dispenser. It does not
include a common or contract carrier, | ||||||
8 | public warehouseman or employee of
the carrier or warehouseman.
| ||||||
9 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
10 | substance,
chemically and pharmacologically related to | ||||||
11 | testosterone (other than
estrogens, progestins, and | ||||||
12 | corticosteroids) that promotes muscle growth,
and includes:
| ||||||
13 | (i) boldenone,
| ||||||
14 | (ii) chlorotestosterone,
| ||||||
15 | (iii) chostebol,
| ||||||
16 | (iv) dehydrochlormethyltestosterone,
| ||||||
17 | (v) dihydrotestosterone,
| ||||||
18 | (vi) drostanolone,
| ||||||
19 | (vii) ethylestrenol,
| ||||||
20 | (viii) fluoxymesterone,
| ||||||
21 | (ix) formebulone,
| ||||||
22 | (x) mesterolone,
| ||||||
23 | (xi) methandienone,
| ||||||
24 | (xii) methandranone,
| ||||||
25 | (xiii) methandriol,
| ||||||
26 | (xiv) methandrostenolone,
|
| |||||||
| |||||||
1 | (xv) methenolone,
| ||||||
2 | (xvi) methyltestosterone,
| ||||||
3 | (xvii) mibolerone,
| ||||||
4 | (xviii) nandrolone,
| ||||||
5 | (xix) norethandrolone,
| ||||||
6 | (xx) oxandrolone,
| ||||||
7 | (xxi) oxymesterone,
| ||||||
8 | (xxii) oxymetholone,
| ||||||
9 | (xxiii) stanolone,
| ||||||
10 | (xxiv) stanozolol,
| ||||||
11 | (xxv) testolactone,
| ||||||
12 | (xxvi) testosterone,
| ||||||
13 | (xxvii) trenbolone, and
| ||||||
14 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
15 | substance described
or listed in this paragraph, if | ||||||
16 | that salt, ester, or isomer promotes muscle
growth.
| ||||||
17 | Any person who is otherwise lawfully in possession of an | ||||||
18 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
19 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
20 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
21 | expressly intended for and lawfully allowed to be
administered | ||||||
22 | through implants to livestock or other nonhuman species, and
| ||||||
23 | which is approved by the Secretary of Health and Human Services | ||||||
24 | for such
administration, and which the person intends to | ||||||
25 | administer or have
administered through such implants, shall | ||||||
26 | not be considered to be in
unauthorized possession or to |
| |||||||
| |||||||
1 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
2 | possess with intent to deliver such anabolic steroid for
| ||||||
3 | purposes of this Act.
| ||||||
4 | (d) "Administration" means the Drug Enforcement | ||||||
5 | Administration,
United States Department of Justice, or its | ||||||
6 | successor agency.
| ||||||
7 | (e) "Control" means to add a drug or other substance, or | ||||||
8 | immediate
precursor, to a Schedule under Article II of this Act | ||||||
9 | whether by
transfer from another Schedule or otherwise.
| ||||||
10 | (f) "Controlled Substance" means a drug, substance, or | ||||||
11 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
12 | (g) "Counterfeit substance" means a controlled substance, | ||||||
13 | which, or
the container or labeling of which, without | ||||||
14 | authorization bears the
trademark, trade name, or other | ||||||
15 | identifying mark, imprint, number or
device, or any likeness | ||||||
16 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
17 | than the person who in fact manufactured, distributed,
or | ||||||
18 | dispensed the substance.
| ||||||
19 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
20 | or
attempted transfer of possession of a controlled substance, | ||||||
21 | with or
without consideration, whether or not there is an | ||||||
22 | agency relationship.
| ||||||
23 | (i) "Department" means the Illinois Department of Human | ||||||
24 | Services (as
successor to the Department of Alcoholism and | ||||||
25 | Substance Abuse) or its successor agency.
| ||||||
26 | (j) "Department of State Police" means the Department of |
| |||||||
| |||||||
1 | State
Police of the State of Illinois or its successor agency.
| ||||||
2 | (k) "Department of Corrections" means the Department of | ||||||
3 | Corrections
of the State of Illinois or its successor agency.
| ||||||
4 | (l) "Department of Professional Regulation" means the | ||||||
5 | Department
of Professional Regulation of the State of Illinois | ||||||
6 | or its successor agency.
| ||||||
7 | (m) "Depressant" or "stimulant substance" means:
| ||||||
8 | (1) a drug which contains any quantity of (i) | ||||||
9 | barbituric acid or
any of the salts of barbituric acid | ||||||
10 | which has been designated as habit
forming under section | ||||||
11 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
12 | U.S.C. 352 (d)); or
| ||||||
13 | (2) a drug which contains any quantity of (i) | ||||||
14 | amphetamine or
methamphetamine and any of their optical | ||||||
15 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
16 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
17 | substance which the Department, after
investigation, has | ||||||
18 | found to be, and by rule designated as, habit forming
| ||||||
19 | because of its depressant or stimulant effect on the | ||||||
20 | central nervous
system; or
| ||||||
21 | (3) lysergic acid diethylamide; or
| ||||||
22 | (4) any drug which contains any quantity of a substance | ||||||
23 | which the
Department, after investigation, has found to | ||||||
24 | have, and by rule
designated as having, a potential for | ||||||
25 | abuse because of its depressant or
stimulant effect on the | ||||||
26 | central nervous system or its hallucinogenic
effect.
|
| |||||||
| |||||||
1 | (n) (Blank).
| ||||||
2 | (o) "Director" means the Director of the Department of | ||||||
3 | State Police or
the Department of Professional Regulation or | ||||||
4 | his designated agents.
| ||||||
5 | (p) "Dispense" means to deliver a controlled substance to | ||||||
6 | an
ultimate user or research subject by or pursuant to the | ||||||
7 | lawful order of
a prescriber, including the prescribing, | ||||||
8 | administering, packaging,
labeling, or compounding necessary | ||||||
9 | to prepare the substance for that
delivery.
| ||||||
10 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
11 | (r) "Distribute" means to deliver, other than by | ||||||
12 | administering or
dispensing, a controlled substance.
| ||||||
13 | (s) "Distributor" means a person who distributes.
| ||||||
14 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
15 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
16 | Pharmacopoeia of the
United States, or official National | ||||||
17 | Formulary, or any supplement to any
of them; (2) substances | ||||||
18 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
19 | prevention of disease in man or animals; (3) substances
(other | ||||||
20 | than food) intended to affect the structure of any function of
| ||||||
21 | the body of man or animals and (4) substances intended for use | ||||||
22 | as a
component of any article specified in clause (1), (2), or | ||||||
23 | (3) of this
subsection. It does not include devices or their | ||||||
24 | components, parts, or
accessories.
| ||||||
25 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
26 | Department of Professional Regulation for the
purpose of animal |
| |||||||
| |||||||
1 | euthanasia that holds an animal control facility license or
| ||||||
2 | animal
shelter license under the Animal Welfare Act. A | ||||||
3 | euthanasia agency is
authorized to purchase, store, possess, | ||||||
4 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
5 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
6 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
7 | substances
(nonnarcotic controlled substances) that are used | ||||||
8 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
9 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
10 | controlled
substance by a practitioner in the regular course of | ||||||
11 | professional
treatment to or for any person who is under his | ||||||
12 | treatment for a
pathology or condition other than that | ||||||
13 | individual's physical or
psychological dependence upon or | ||||||
14 | addiction to a controlled substance,
except as provided herein: | ||||||
15 | and application of the term to a pharmacist
shall mean the | ||||||
16 | dispensing of a controlled substance pursuant to the
| ||||||
17 | prescriber's order which in the professional judgment of the | ||||||
18 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
19 | accepted professional
standards including, but not limited to | ||||||
20 | the following, in making the
judgment:
| ||||||
21 | (1) lack of consistency of doctor-patient | ||||||
22 | relationship,
| ||||||
23 | (2) frequency of prescriptions for same drug by one | ||||||
24 | prescriber for
large numbers of patients,
| ||||||
25 | (3) quantities beyond those normally prescribed,
| ||||||
26 | (4) unusual dosages,
|
| |||||||
| |||||||
1 | (5) unusual geographic distances between patient, | ||||||
2 | pharmacist and
prescriber,
| ||||||
3 | (6) consistent prescribing of habit-forming drugs.
| ||||||
4 | (u-1) "Home infusion services" means services provided by a | ||||||
5 | pharmacy in
compounding solutions for direct administration to | ||||||
6 | a patient in a private
residence, long-term care facility, or | ||||||
7 | hospice setting by means of parenteral,
intravenous, | ||||||
8 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
9 | (v) "Immediate precursor" means a substance:
| ||||||
10 | (1) which the Department has found to be and by rule | ||||||
11 | designated as
being a principal compound used, or produced | ||||||
12 | primarily for use, in the
manufacture of a controlled | ||||||
13 | substance;
| ||||||
14 | (2) which is an immediate chemical intermediary used or | ||||||
15 | likely to
be used in the manufacture of such controlled | ||||||
16 | substance; and
| ||||||
17 | (3) the control of which is necessary to prevent, | ||||||
18 | curtail or limit
the manufacture of such controlled | ||||||
19 | substance.
| ||||||
20 | (w) "Instructional activities" means the acts of teaching, | ||||||
21 | educating
or instructing by practitioners using controlled | ||||||
22 | substances within
educational facilities approved by the State | ||||||
23 | Board of Education or
its successor agency.
| ||||||
24 | (x) "Local authorities" means a duly organized State, | ||||||
25 | County or
Municipal peace unit or police force.
| ||||||
26 | (y) "Look-alike substance" means a substance, other than a |
| |||||||
| |||||||
1 | controlled
substance which (1) by overall dosage unit | ||||||
2 | appearance, including shape,
color, size, markings or lack | ||||||
3 | thereof, taste, consistency, or any other
identifying physical | ||||||
4 | characteristic of the substance, would lead a reasonable
person | ||||||
5 | to believe that the substance is a controlled substance, or (2) | ||||||
6 | is
expressly or impliedly represented to be a controlled | ||||||
7 | substance or is
distributed under circumstances which would | ||||||
8 | lead a reasonable person to
believe that the substance is a | ||||||
9 | controlled substance. For the purpose of
determining whether | ||||||
10 | the representations made or the circumstances of the
| ||||||
11 | distribution would lead a reasonable person to believe the | ||||||
12 | substance to be
a controlled substance under this clause (2) of | ||||||
13 | subsection (y), the court or
other authority may consider the | ||||||
14 | following factors in addition to any other
factor that may be | ||||||
15 | relevant:
| ||||||
16 | (a) statements made by the owner or person in control | ||||||
17 | of the substance
concerning its nature, use or effect;
| ||||||
18 | (b) statements made to the buyer or recipient that the | ||||||
19 | substance may
be resold for profit;
| ||||||
20 | (c) whether the substance is packaged in a manner | ||||||
21 | normally used for the
illegal distribution of controlled | ||||||
22 | substances;
| ||||||
23 | (d) whether the distribution or attempted distribution | ||||||
24 | included an
exchange of or demand for money or other | ||||||
25 | property as consideration, and
whether the amount of the | ||||||
26 | consideration was substantially greater than the
|
| |||||||
| |||||||
1 | reasonable retail market value of the substance.
| ||||||
2 | Clause (1) of this subsection (y) shall not apply to a | ||||||
3 | noncontrolled
substance in its finished dosage form that was | ||||||
4 | initially introduced into
commerce prior to the initial | ||||||
5 | introduction into commerce of a controlled
substance in its | ||||||
6 | finished dosage form which it may substantially resemble.
| ||||||
7 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
8 | distributing
of noncontrolled substances by persons authorized | ||||||
9 | to dispense and
distribute controlled substances under this | ||||||
10 | Act, provided that such action
would be deemed to be carried | ||||||
11 | out in good faith under subsection (u) if the
substances | ||||||
12 | involved were controlled substances.
| ||||||
13 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
14 | manufacture,
preparation, propagation, compounding, | ||||||
15 | processing, packaging, advertising
or distribution of a drug or | ||||||
16 | drugs by any person registered pursuant to
Section 510 of the | ||||||
17 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
18 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
19 | located in a state
of the United States, other than Illinois, | ||||||
20 | that delivers, dispenses or
distributes, through the United | ||||||
21 | States Postal Service or other common
carrier, to Illinois | ||||||
22 | residents, any substance which requires a prescription.
| ||||||
23 | (z) "Manufacture" means the production, preparation, | ||||||
24 | propagation,
compounding, conversion or processing of a | ||||||
25 | controlled substance other than methamphetamine, either
| ||||||
26 | directly or indirectly, by extraction from substances of |
| |||||||
| |||||||
1 | natural origin,
or independently by means of chemical | ||||||
2 | synthesis, or by a combination of
extraction and chemical | ||||||
3 | synthesis, and includes any packaging or
repackaging of the | ||||||
4 | substance or labeling of its container, except that
this term | ||||||
5 | does not include:
| ||||||
6 | (1) by an ultimate user, the preparation or compounding | ||||||
7 | of a
controlled substance for his own use; or
| ||||||
8 | (2) by a practitioner, or his authorized agent under | ||||||
9 | his
supervision, the preparation, compounding, packaging, | ||||||
10 | or labeling of a
controlled substance:
| ||||||
11 | (a) as an incident to his administering or | ||||||
12 | dispensing of a
controlled substance in the course of | ||||||
13 | his professional practice; or
| ||||||
14 | (b) as an incident to lawful research, teaching or | ||||||
15 | chemical
analysis and not for sale.
| ||||||
16 | (z-1) (Blank).
| ||||||
17 | (aa) "Narcotic drug" means any of the following, whether | ||||||
18 | produced
directly or indirectly by extraction from substances | ||||||
19 | of natural origin,
or independently by means of chemical | ||||||
20 | synthesis, or by a combination of
extraction and chemical | ||||||
21 | synthesis:
| ||||||
22 | (1) opium and opiate, and any salt, compound, | ||||||
23 | derivative, or
preparation of opium or opiate;
| ||||||
24 | (2) any salt, compound, isomer, derivative, or | ||||||
25 | preparation thereof
which is chemically equivalent or | ||||||
26 | identical with any of the substances
referred to in clause |
| |||||||
| |||||||
1 | (1), but not including the isoquinoline alkaloids
of opium;
| ||||||
2 | (3) opium poppy and poppy straw;
| ||||||
3 | (4) coca leaves and any salts, compound, isomer, salt | ||||||
4 | of an isomer,
derivative, or preparation of coca leaves | ||||||
5 | including cocaine or ecgonine,
and any salt, compound, | ||||||
6 | isomer, derivative, or preparation thereof which is
| ||||||
7 | chemically equivalent or identical with any of these | ||||||
8 | substances, but not
including decocainized coca leaves or | ||||||
9 | extractions of coca leaves which do
not contain cocaine or | ||||||
10 | ecgonine (for the purpose of this paragraph, the
term | ||||||
11 | "isomer" includes optical, positional and geometric | ||||||
12 | isomers).
| ||||||
13 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
14 | Nurse Practice Act.
| ||||||
15 | (cc) (Blank).
| ||||||
16 | (dd) "Opiate" means any substance having an addiction | ||||||
17 | forming or
addiction sustaining liability similar to morphine | ||||||
18 | or being capable of
conversion into a drug having addiction | ||||||
19 | forming or addiction sustaining
liability.
| ||||||
20 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
21 | somniferum L., except its seeds.
| ||||||
22 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
23 | Board of
the State of Illinois or its successor agency.
| ||||||
24 | (gg) "Person" means any individual, corporation, | ||||||
25 | mail-order pharmacy,
government or governmental subdivision or | ||||||
26 | agency, business trust, estate,
trust, partnership or |
| |||||||
| |||||||
1 | association, or any other entity.
| ||||||
2 | (hh) "Pharmacist" means any person who holds a license or | ||||||
3 | certificate of
registration as a registered pharmacist, a local | ||||||
4 | registered pharmacist
or a registered assistant pharmacist | ||||||
5 | under the Pharmacy Practice Act.
| ||||||
6 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
7 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
8 | Practice Act.
| ||||||
9 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
10 | the opium
poppy, after mowing.
| ||||||
11 | (kk) "Practitioner" means a physician licensed to practice | ||||||
12 | medicine in all
its branches, dentist, optometrist, | ||||||
13 | podiatrist,
veterinarian, medical psychologist under the | ||||||
14 | Clinical Psychologist Licensing Act, scientific investigator, | ||||||
15 | pharmacist, physician assistant,
advanced practice nurse,
| ||||||
16 | licensed practical
nurse, registered nurse, hospital, | ||||||
17 | laboratory, or pharmacy, or other
person licensed, registered, | ||||||
18 | or otherwise lawfully permitted by the
United States or this | ||||||
19 | State to distribute, dispense, conduct research
with respect | ||||||
20 | to, administer or use in teaching or chemical analysis, a
| ||||||
21 | controlled substance in the course of professional practice or | ||||||
22 | research.
| ||||||
23 | (ll) "Pre-printed prescription" means a written | ||||||
24 | prescription upon which
the designated drug has been indicated | ||||||
25 | prior to the time of issuance.
| ||||||
26 | (mm) "Prescriber" means a physician licensed to practice |
| |||||||
| |||||||
1 | medicine in all
its branches, dentist, optometrist, | ||||||
2 | podiatrist , medical psychologist under the Clinical | ||||||
3 | Psychologist Licensing Act, or
veterinarian who issues a | ||||||
4 | prescription, a physician assistant who
issues a
prescription | ||||||
5 | for a controlled substance
in accordance
with Section 303.05, a | ||||||
6 | written delegation, and a written supervision agreement | ||||||
7 | required under Section 7.5
of the
Physician Assistant Practice | ||||||
8 | Act of 1987, or an advanced practice
nurse with prescriptive | ||||||
9 | authority delegated under Section 65-40 of the Nurse Practice | ||||||
10 | Act and in accordance with Section 303.05, a written | ||||||
11 | delegation,
and a written
collaborative agreement under | ||||||
12 | Section 65-35 of the Nurse Practice Act.
| ||||||
13 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
14 | verbal order
of
a physician licensed to practice medicine in | ||||||
15 | all its branches,
dentist, podiatrist or veterinarian for any | ||||||
16 | controlled
substance, of an optometrist for a Schedule III, IV, | ||||||
17 | or V controlled substance in accordance with Section 15.1 of | ||||||
18 | the Illinois Optometric Practice Act of 1987, of a physician | ||||||
19 | assistant for a
controlled substance
in accordance with Section | ||||||
20 | 303.05, a written delegation, and a written supervision | ||||||
21 | agreement required under
Section 7.5 of the
Physician Assistant | ||||||
22 | Practice Act of 1987, or of an advanced practice
nurse with | ||||||
23 | prescriptive authority delegated under Section 65-40 of the | ||||||
24 | Nurse Practice Act who issues a prescription for a
controlled | ||||||
25 | substance in accordance
with
Section 303.05, a written | ||||||
26 | delegation, and a written collaborative agreement under |
| |||||||
| |||||||
1 | Section 65-35 of the Nurse Practice Act.
| ||||||
2 | (oo) "Production" or "produce" means manufacture, | ||||||
3 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
4 | substance other than methamphetamine.
| ||||||
5 | (pp) "Registrant" means every person who is required to | ||||||
6 | register
under Section 302 of this Act.
| ||||||
7 | (qq) "Registry number" means the number assigned to each | ||||||
8 | person
authorized to handle controlled substances under the | ||||||
9 | laws of the United
States and of this State.
| ||||||
10 | (rr) "State" includes the State of Illinois and any state, | ||||||
11 | district,
commonwealth, territory, insular possession thereof, | ||||||
12 | and any area
subject to the legal authority of the United | ||||||
13 | States of America.
| ||||||
14 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
15 | a
controlled substance for his own use or for the use of a | ||||||
16 | member of his
household or for administering to an animal owned | ||||||
17 | by him or by a member
of his household.
| ||||||
18 | (Source: P.A. 95-242, eff. 1-1-08; 95-639, eff. 10-5-07; | ||||||
19 | 95-689, eff. 10-29-07; 95-876, eff. 8-21-08; 96-189, eff. | ||||||
20 | 8-10-09; 96-268, eff. 8-11-09.)
|