|
(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; |
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. |
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, |
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; |
96-328, eff. 8-11-09.) |
(5 ILCS 80/4.38 new) |
Sec. 4.38. Act repealed on January 1, 2028. The following |
Act is repealed on January 1, 2028: |
The Physician Assistant Practice Act of 1987. |
Section 7. The Medical Practice Act of 1987 is amended by |
changing Section 54.5 as follows:
|
(225 ILCS 60/54.5)
|
(Section scheduled to be repealed on December 31, 2017)
|
Sec. 54.5. Physician delegation of authority to physician |
assistants, advanced practice nurses, and prescribing |
psychologists.
|
(a) Physicians licensed to practice medicine in all its
|
branches may delegate care and treatment responsibilities to a
|
physician assistant under guidelines in accordance with the
|
requirements of the Physician Assistant Practice Act of
1987. A |
physician licensed to practice medicine in all its
branches may |
enter into collaborative supervising physician agreements with
|
no more than 5 full-time equivalent physician assistants , |
|
except in a hospital, hospital affiliate, or ambulatory |
surgical treatment center as set forth by Section 7.7 of the |
Physician Assistant Practice Act of 1987 as set forth in |
subsection (a) of Section 7 of the Physician Assistant Practice |
Act of 1987 .
|
(b) A physician licensed to practice medicine in all its
|
branches in active clinical practice may collaborate with an |
advanced practice
nurse in accordance with the requirements of |
the Nurse Practice Act. Collaboration
is for the purpose of |
providing medical consultation,
and no employment relationship |
is required. A
written collaborative agreement shall
conform to |
the requirements of Section 65-35 of the Nurse Practice Act. |
The written collaborative agreement shall
be for
services in |
the same area of practice or specialty as the collaborating |
physician in
his or her clinical medical practice.
A written |
collaborative agreement shall be adequate with respect to |
collaboration
with advanced practice nurses if all of the |
following apply:
|
(1) The agreement is written to promote the exercise of |
professional judgment by the advanced practice nurse |
commensurate with his or her education and experience.
|
(2) The advance practice nurse provides services based |
upon a written collaborative agreement with the |
collaborating physician, except as set forth in subsection |
(b-5) of this Section. With respect to labor and delivery, |
the collaborating physician must provide delivery services |
|
in order to participate with a certified nurse midwife. |
(3) Methods of communication are available with the |
collaborating physician in person or through |
telecommunications for consultation, collaboration, and |
referral as needed to address patient care needs.
|
(b-5) An anesthesiologist or physician licensed to |
practice medicine in
all its branches may collaborate with a |
certified registered nurse anesthetist
in accordance with |
Section 65-35 of the Nurse Practice Act for the provision of |
anesthesia services. With respect to the provision of |
anesthesia services, the collaborating anesthesiologist or |
physician shall have training and experience in the delivery of |
anesthesia services consistent with Department rules. |
Collaboration shall be
adequate if:
|
(1) an anesthesiologist or a physician
participates in |
the joint formulation and joint approval of orders or
|
guidelines and periodically reviews such orders and the |
services provided
patients under such orders; and
|
(2) for anesthesia services, the anesthesiologist
or |
physician participates through discussion of and agreement |
with the
anesthesia plan and is physically present and |
available on the premises during
the delivery of anesthesia |
services for
diagnosis, consultation, and treatment of |
emergency medical conditions.
Anesthesia services in a |
hospital shall be conducted in accordance with
Section 10.7 |
of the Hospital Licensing Act and in an ambulatory surgical
|
|
treatment center in accordance with Section 6.5 of the |
Ambulatory Surgical
Treatment Center Act.
|
(b-10) The anesthesiologist or operating physician must |
agree with the
anesthesia plan prior to the delivery of |
services.
|
(c) The collaborating supervising physician shall have |
access to the
medical records of all patients attended by a |
physician
assistant. The collaborating physician shall have |
access to
the medical records of all patients attended to by an
|
advanced practice nurse.
|
(d) (Blank).
|
(e) A physician shall not be liable for the acts or
|
omissions of a prescribing psychologist, physician assistant, |
or advanced practice
nurse solely on the basis of having signed |
a
supervision agreement or guidelines or a collaborative
|
agreement, an order, a standing medical order, a
standing |
delegation order, or other order or guideline
authorizing a |
prescribing psychologist, physician assistant, or advanced |
practice
nurse to perform acts, unless the physician has
reason |
to believe the prescribing psychologist, physician assistant, |
or advanced
practice nurse lacked the competency to perform
the |
act or acts or commits willful and wanton misconduct.
|
(f) A collaborating physician may, but is not required to, |
delegate prescriptive authority to an advanced practice nurse |
as part of a written collaborative agreement, and the |
delegation of prescriptive authority shall conform to the |
|
requirements of Section 65-40 of the Nurse Practice Act. |
(g) A collaborating supervising physician may, but is not |
required to, delegate prescriptive authority to a physician |
assistant as part of a written collaborative supervision |
agreement, and the delegation of prescriptive authority shall |
conform to the requirements of Section 7.5 of the Physician |
Assistant Practice Act of 1987. |
(h) (Blank). |
(i) A collaborating physician shall delegate prescriptive |
authority to a prescribing psychologist as part of a written |
collaborative agreement, and the delegation of prescriptive |
authority shall conform to the requirements of Section 4.3 of |
the Clinical Psychologist Licensing Act. |
(Source: P.A. 98-192, eff. 1-1-14; 98-668, eff. 6-25-14; |
99-173, eff. 7-29-15 .)
|
Section 10. The Physician Assistant Practice Act of 1987 is |
amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 7.5, 7.7, 9, |
10, 10.5, 12, 13, 14.1, 16, 21, 22.2, 22.6, 22.7, 22.11, 22.14, |
and 23 and by adding Sections 4.5, 5.3, 5.5, 11.5, and 22.17 as |
follows:
|
(225 ILCS 95/1) (from Ch. 111, par. 4601)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 1. Legislative purpose. The practice as a physician |
assistant in the State of
Illinois is hereby declared to affect |
|
the public health, safety and welfare
and to be subject to |
regulation and control in the public interest. The
purpose and |
legislative intent of this Act is to encourage and promote the
|
more effective utilization of the skills of physicians by |
enabling them to
delegate certain health tasks to physician |
assistants where such delegation
is consistent with the health |
and welfare of the patient and is conducted
at the direction of |
and under the responsible supervision of the physician.
|
It is further declared to be a matter of public health and |
concern that
the practice as a physician assistant, as defined |
in this Act, merit and
receive the confidence of the public, |
that only qualified persons be
authorized to practice as a |
physician assistant in the State of Illinois.
This Act shall be |
liberally construed to best carry out these subjects
and |
purposes.
|
(Source: P.A. 85-981 .)
|
(225 ILCS 95/2) (from Ch. 111, par. 4602)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 2. Short title. This Act Article shall be known and |
may be cited as the " Physician
Assistant Practice Act of 1987 " .
|
(Source: P.A. 85-981 .)
|
(225 ILCS 95/3) (from Ch. 111, par. 4603)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 3. Illinois Administrative Procedure Act. The |
|
Illinois Administrative Procedure
Act is hereby expressly |
adopted and incorporated herein as if all of the
provisions of |
that Act were included in this Act, except that the provision |
of
subsection (d) of Section 10-65 of the Illinois |
Administrative Procedure Act
that provides that at hearings the |
licensee has the right to show compliance
with all lawful |
requirements for retention, continuation or renewal of the
|
license is specifically excluded. For the purposes of this Act |
the notice
required under Section 10-25 of the Illinois |
Administrative Procedure Act is deemed
sufficient when |
personally served, mailed to the address of record of the |
applicant or licensee, or emailed to the email address of |
record of the applicant or licensee last known address of a |
party . The Secretary
may adopt
promulgate rules for the |
administration and enforcement of this Act and may
prescribe |
forms to be issued in connection with this Act.
|
(Source: P.A. 95-703, eff. 12-31-07.)
|
(225 ILCS 95/4) (from Ch. 111, par. 4604)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 4. Definitions. In this Act:
|
1. "Department" means the Department of Financial and
|
Professional Regulation.
|
2. "Secretary" means the Secretary
of Financial and |
Professional Regulation.
|
3. "Physician assistant" means any person not holding an |
|
active license or permit issued by the Department pursuant to |
the Medical Practice Act of 1987 who has been
certified as a |
physician assistant by the National Commission on the
|
Certification of Physician Assistants or equivalent successor |
agency and
performs procedures in collaboration with under the |
supervision of a physician as defined in this
Act. A physician |
assistant may perform such procedures within the
specialty of |
the collaborating supervising physician, except that such |
physician shall
exercise such direction, collaboration, |
supervision and control over such physician
assistants as will |
assure that patients shall receive quality medical
care. |
Physician assistants shall be capable of performing a variety |
of tasks
within the specialty of medical care under the in |
collaboration with supervision of a physician.
Collaboration |
with Supervision of the physician assistant shall not be |
construed to
necessarily require the personal presence of the |
collaborating supervising physician at
all times at the place |
where services are rendered, as long as there is
communication |
available for consultation by radio, telephone or
|
telecommunications within established guidelines as determined |
by the
physician/physician assistant team. The collaborating |
supervising physician may delegate
tasks and duties to the |
physician assistant. Delegated tasks or duties
shall be |
consistent with physician assistant education, training, and
|
experience. The delegated tasks or duties shall be specific to |
the
practice setting and shall be implemented and reviewed |
|
under a written collaborative supervision agreement
|
established by the physician or physician/physician assistant |
team. A
physician assistant, acting as an agent of the |
physician, shall be
permitted to transmit the collaborating |
supervising physician's orders as determined by
the |
institution's by-laws, policies, procedures, or job |
description within
which the physician/physician assistant |
team practices. Physician
assistants shall practice only in |
accordance with a written collaborative supervision agreement.
|
Any person who holds an active license or permit issued |
pursuant to the Medical Practice Act of 1987 shall have that |
license automatically placed into inactive status upon |
issuance of a physician assistant license. Any person who holds |
an active license as a physician assistant who is issued a |
license or permit pursuant to the Medical Practice Act of 1987 |
shall have his or her physician assistant license automatically |
placed into inactive status. |
3.5. "Physician assistant practice" means the performance |
of procedures within the specialty of the collaborating |
physician. Physician assistants shall be capable of performing |
a variety of tasks within the specialty of medical care of the |
collaborating physician. Collaboration with the physician |
assistant shall not be construed to necessarily require the |
personal presence of the collaborating physician at all times |
at the place where services are rendered, as long as there is |
communication available for consultation by radio, telephone, |
|
telecommunications, or electronic communications. The |
collaborating physician may delegate tasks and duties to the |
physician assistant. Delegated tasks or duties shall be |
consistent with physician assistant education, training, and |
experience. The delegated tasks or duties shall be specific to |
the practice setting and shall be implemented and reviewed |
under a written collaborative agreement established by the |
physician or physician/physician assistant team. A physician |
assistant shall be permitted to transmit the collaborating |
physician's orders as determined by the institution's bylaws, |
policies, or procedures or the job description within which the |
physician/physician assistant team practices. Physician |
assistants shall practice only in accordance with a written |
collaborative agreement, except as provided in Section 7.5 of |
this Act. |
4. "Board" means the Medical Licensing Board
constituted |
under the Medical Practice Act of 1987.
|
5. "Disciplinary Board" means the Medical Disciplinary |
Board constituted
under the Medical Practice Act of 1987.
|
6. "Physician" means , for purposes of this Act, a person |
licensed to
practice medicine in all of its branches under the |
Medical Practice Act of 1987.
|
7. "Collaborating physician" means the physician who, |
within
his or her specialty and expertise, may delegate a |
variety of
tasks and procedures to the physician assistant. |
Such tasks and
procedures shall be delegated in accordance with |
|
a written
collaborative agreement. "Supervising Physician" |
means, for the purposes of this Act, the
primary supervising |
physician of a physician assistant, who, within his specialty |
and expertise may delegate a variety of tasks and procedures to
|
the physician assistant. Such tasks and procedures shall be |
delegated
in accordance with a written supervision agreement. |
The supervising physician maintains the
final responsibility |
for the care of the patient and the performance of the
|
physician assistant.
|
8. (Blank). "Alternate supervising physician" means, for |
the purpose of this Act,
any physician designated by the |
supervising physician to provide
supervision in the event that |
he or she is unable to provide that supervision. The Department |
may further define "alternate supervising physician" by rule.
|
The alternate supervising physicians shall maintain all |
the same
responsibilities as the supervising physician. |
Nothing in this Act shall
be construed as relieving any |
physician of the professional or legal
responsibility for the |
care and treatment of persons attended by him or by
physician |
assistants under his supervision. Nothing in this Act shall be
|
construed as to limit the reasonable number of alternate |
supervising
physicians, provided they are designated by the |
supervising physician. |
9. "Address of record" means the designated address |
recorded by the Department in the applicant's or licensee's |
application file or license file maintained by the Department's |
|
licensure maintenance unit. It is the duty of the applicant or |
licensee to inform the Department of any change of address, and |
such changes must be made either through the Department's |
website or by contacting the Department's licensure |
maintenance unit.
|
10. "Hospital affiliate" means a corporation, partnership, |
joint venture, limited liability company, or similar |
organization, other than a hospital, that is devoted primarily |
to the provision, management, or support of health care |
services and that directly or indirectly controls, is |
controlled by, or is under common control of the hospital. For |
the purposes of this definition, "control" means having at |
least an equal or a majority ownership or membership interest. |
A hospital affiliate shall be 100% owned or controlled by any |
combination of hospitals, their parent corporations, or |
physicians licensed to practice medicine in all its branches in |
Illinois. "Hospital affiliate" does not include a health |
maintenance organization regulated under the Health |
Maintenance Organization Act. |
11. "Email address of record" means the designated email |
address recorded by the Department in the applicant's |
application file or the licensee's license file, as maintained |
by the Department's licensure maintenance unit. |
(Source: P.A. 99-330, eff. 1-1-16.)
|
(225 ILCS 95/4.5 new) |
|
Sec. 4.5. Address of record; email address of record. All |
applicants and licensees shall: |
(1) provide a valid address and email address to the |
Department, which shall serve as the address of record and |
email address of record, respectively, at the time of |
application for licensure or renewal of a license; and |
(2) inform the Department of any change of address of |
record or email address of record within 14 days after such |
change either through the Department's website or by |
contacting the Department's licensure maintenance unit.
|
(225 ILCS 95/5) (from Ch. 111, par. 4605)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 5. Applicability. This Act does not prohibit:
|
(1) any 1. Any person licensed in this State under any |
other Act from engaging
in the practice for which he is |
licensed;
|
(2) the 2. The practice as a physician assistant by a |
person who is employed
by the United States government or |
any bureau, division or agency thereof
while in the |
discharge of the employee's official duties;
|
(3) the 3. The practice as a physician assistant which |
is included in their
program of study by students enrolled |
in schools or in refresher courses
approved by the |
Department.
|
4. The practice, services, or activities of persons |
|
practicing the specified occupations set forth in |
subsection (a) of, and pursuant to a licensing exemption |
granted in subsection (b) or (d) of, Section 2105-350 of |
the Department of Professional Regulation Law of the Civil |
Administrative Code of Illinois, but only for so long as |
the 2016 Olympic and Paralympic Games Professional |
Licensure Exemption Law is operable. |
(Source: P.A. 96-7, eff. 4-3-09.)
|
(225 ILCS 95/5.3 new) |
Sec. 5.3. Advertising. |
(a) As used in this Section, "advertise" means solicitation
|
by the licensee or through another person or entity by means of |
hand bills, posters, circulars, motion pictures, radio, |
newspapers, or television or any other manner. |
(b) A person licensed under this Act as a physician |
assistant may advertise the availability of professional |
services in the public media or on the premises where the |
professional services are rendered. The advertising is limited |
to the following information: |
(1) publication of the person's name, title, office |
hours, address, and telephone number; |
(2) information pertaining to the person's areas of
|
specialization, including, but not limited to, appropriate |
board certification or limitation of professional |
practice; |
|
(3) publication of the person's collaborating |
physician's name, title, and areas of specialization; |
(4) information on usual and customary fees for routine |
professional services offered, which shall include |
notification that fees may be adjusted due to complications |
or unforeseen circumstances; |
(5) announcements of the opening of, change of, absence |
from, or return to business; |
(6) announcements of additions to or deletions from |
professional licensed staff; and |
(7) the issuance of business or appointment cards. |
(c) It is unlawful for a person licensed under this Act as |
a physician assistant to use claims of superior quality of care |
to entice the public. It is unlawful to advertise fee |
comparisons of available services with those of other licensed |
persons. |
(d) This Section does not authorize the advertising of |
professional services that the offeror of the services is not |
licensed or authorized to render. The advertiser shall not use |
statements that contain false, fraudulent, deceptive, or |
misleading material or guarantees of success, statements that |
play upon the vanity or fears of the public, or statements that |
promote or produce unfair competition. |
(e) It is unlawful and punishable under the penalty |
provisions of this Act for a person licensed under this Act to |
knowingly advertise that the licensee will accept as payment |
|
for services rendered by assignment from any third-party payor
|
the amount the third-party payor covers as payment in full if |
the effect is to give the impression of eliminating the need of |
payment by the patient of any required deductible or copayment |
applicable in the patient's health benefit plan. |
(f) A licensee shall include in every advertisement for |
services regulated under this Act his or her title as it |
appears on the license or the initials authorized under this |
Act. |
(225 ILCS 95/5.5 new) |
Sec. 5.5. Billing. A physician assistant shall not be |
allowed to personally bill patients or in any way charge for |
services. The employer of a physician assistant may charge for |
services rendered by the physician assistant. All claims for |
services rendered by the physician assistant shall be submitted |
using the physician assistant's national provider |
identification number as the billing provider whenever |
appropriate. Payment for services rendered by a physician |
assistant shall be made to his or her employer if the payor |
would have made payment had the services been provided by a |
physician licensed to provide medicine in all of its branches.
|
(225 ILCS 95/6) (from Ch. 111, par. 4606)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 6. Physician assistant title Title; advertising |
|
billing .
|
(a) No physician assistant shall use
the title of doctor , |
physician, or associate with his or her name or any other term |
that
would indicate to other persons that he or she is |
qualified to engage in the
general practice of medicine.
|
(b) A physician assistant shall verbally identify himself |
or herself as a physician assistant, including specialty |
certification, to each patient. |
(c) Nothing in this Act shall be construed to relieve a |
physician assistant of the professional or legal |
responsibility for the care and treatment of persons attended |
by him or her. |
(b) A licensee shall include in every advertisement for |
services regulated
under
this Act his or her title as it |
appears on the license or the initials
authorized under this |
Act.
|
(c) A physician assistant shall not be allowed to bill |
patients or
in any way to charge for services. Nothing in this |
Act, however, shall be
so construed as to prevent the employer |
of a physician assistant from
charging for services rendered by |
the physician assistant.
Payment for services rendered by a |
physician assistant shall be made to his or
her employer if the |
payor would have made payment had the services been
provided by |
a physician licensed to practice medicine in all its branches.
|
(d) The collaborating supervising physician shall file |
with the Department notice of
employment, discharge, or |
|
collaboration with supervisory control of a physician |
assistant at the
time of employment, discharge, or assumption |
of collaboration with supervisory control of a
physician |
assistant.
|
(Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97; |
90-655, eff.
7-30-98; 91-310, eff. 1-1-00 .)
|
(225 ILCS 95/7) (from Ch. 111, par. 4607)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 7. Collaboration Supervision requirements. |
(a) A collaborating supervising physician shall determine |
the number of physician assistants to collaborate with, under |
his or her supervision provided the physician is able to |
provide adequate collaboration supervision as outlined in the |
written collaborative supervision agreement required under |
Section 7.5 of this Act and consideration is given to the |
nature of the physician's practice, complexity of the patient |
population, and the experience of each supervised physician |
assistant. A collaborating physician may collaborate with a |
maximum of 5 full-time equivalent physician assistants. As used |
in this Section, "full-time equivalent" means the equivalent of |
40 hours per week per individual. Physicians and physician |
assistants who work in a hospital, hospital affiliate, or |
ambulatory surgical treatment center as defined by Section 7.7 |
of this Act are exempt from the collaborative ratio restriction |
requirements of this Section. A supervising physician may |
|
supervise a maximum of 5 full-time equivalent physician |
assistants; provided, however, this number of physician |
assistants shall be reduced by the number of collaborative |
agreements the supervising physician maintains. A physician |
assistant shall be able to
hold more than one professional |
position. A collaborating supervising physician shall
file a |
notice of collaboration supervision of each physician |
assistant according to the
rules of the Department. It is the |
responsibility of the supervising physician to maintain |
documentation each time he or she has designated an alternative |
supervising physician. This documentation shall include the |
date alternate supervisory control began, the date alternate |
supervisory control ended, and any other changes. A supervising |
physician shall provide a copy of this documentation to the |
Department, upon request.
|
Physician assistants shall collaborate be supervised only |
with by physicians as defined in
this Act
who are engaged in |
clinical practice, or in clinical practice in
public health or |
other community health facilities.
|
Nothing in this Act shall be construed to limit the |
delegation of tasks or
duties by a physician to a nurse or |
other appropriately trained personnel.
|
Nothing in this Act
shall be construed to prohibit the |
employment of physician assistants by
a hospital, nursing home |
or other health care facility where such physician
assistants |
function under a collaborating the supervision of a supervising |
|
physician.
|
A physician assistant may be employed by a practice group |
or other entity
employing multiple physicians at one or more |
locations. In that case, one of
the
physicians practicing at a |
location shall be designated the collaborating supervising
|
physician. The other physicians with that practice group or |
other entity who
practice in the same general type of practice |
or specialty
as the collaborating supervising physician may |
collaborate with supervise the physician assistant with |
respect
to their patients without being deemed alternate |
supervising physicians for the
purpose of this Act .
|
(b) A physician assistant licensed in this State, or |
licensed or authorized to practice in any other U.S. |
jurisdiction or credentialed by his or her federal employer as |
a physician assistant, who is responding to a need for medical |
care created by an emergency or by a state or local disaster |
may render such care that the physician assistant is able to |
provide without collaboration supervision as it is defined in |
this Section or with such collaboration supervision as is |
available.
For purposes of this Section, an "emergency |
situation" shall not include one that occurs in the place of |
one's employment. |
Any physician who collaborates with supervises a physician |
assistant providing medical care in response to such an |
emergency or state or local disaster shall not be required to |
meet the requirements set forth in this Section for a |
|
collaborating supervising physician. |
(Source: P.A. 96-70, eff. 7-23-09; 97-1071, eff. 8-24-12.)
|
(225 ILCS 95/7.5)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 7.5. Written collaborative Prescriptions; written |
supervision agreements; prescriptive authority. |
(a) A written collaborative supervision agreement is |
required for all physician assistants to practice in the State , |
except as provided in Section 7.7 of this Act . |
(1) A written collaborative supervision agreement |
shall describe the working relationship of the physician |
assistant with the collaborating supervising physician and |
shall describe authorize the categories of care, |
treatment, or procedures to be provided performed by the |
physician assistant.
The written collaborative supervision |
agreement shall promote the exercise of professional |
judgment by the physician assistant commensurate with his |
or her education and experience. The services to be |
provided by the physician assistant shall be services that |
the collaborating supervising physician is authorized to |
and generally provides to his or her patients in the normal |
course of his or her clinical medical practice. The written |
collaborative supervision agreement need not describe the |
exact steps that a physician assistant must take with |
respect to each specific condition, disease, or symptom but |
|
must specify which authorized procedures require the |
presence of the collaborating supervising physician as the |
procedures are being performed. The supervision |
relationship under a written collaborative supervision |
agreement shall not be construed to require the personal |
presence of a physician at the place where services are |
rendered. Methods of communication shall be available for |
consultation with the collaborating supervising physician |
in person or by telecommunications or electronic |
communications in accordance with established written |
guidelines as set forth in the written collaborative |
supervision agreement. For the purposes of this Act, |
"generally provides to his or her patients in the normal |
course of his or her clinical medical practice" means |
services, not specific tasks or duties, the collaborating |
supervising physician routinely provides individually or |
through delegation to other persons so that the physician |
has the experience and ability to collaborate and provide |
supervision and consultation. |
(2) The written collaborative supervision agreement |
shall be adequate if a physician does each of the |
following: |
(A) Participates in the joint formulation and |
joint approval of orders or guidelines with the |
physician assistant and he or she periodically reviews |
such orders and the services provided patients under |
|
such orders in accordance with accepted standards of |
medical practice and physician assistant practice. |
(B) Provides supervision and consultation at least |
once a month. |
(3) A copy of the signed, written collaborative |
supervision agreement must be available to the Department |
upon request from both the physician assistant and the |
collaborating supervising physician. |
(4) A physician assistant shall inform each |
collaborating supervising physician of all written |
collaborative supervision agreements he or she has signed |
and provide a copy of these to any collaborating |
supervising physician upon request. |
(b) A collaborating supervising physician may, but is not |
required to, delegate prescriptive authority to a physician |
assistant as part of a written collaborative supervision |
agreement. This authority may, but is not required to, include |
prescription of, selection of, orders for, administration of, |
storage of, acceptance of samples of, and dispensing medical |
devices, over the counter medications, legend drugs, medical |
gases, and controlled substances categorized as Schedule II III |
through V controlled substances, as defined in Article II of |
the Illinois Controlled Substances Act, and other |
preparations, including, but not limited to, botanical and |
herbal remedies. The collaborating supervising physician must |
have a valid, current Illinois controlled substance license and |
|
federal registration with the Drug Enforcement Agency to |
delegate the authority to prescribe controlled substances. |
(1) To prescribe Schedule II, III, IV, or V controlled |
substances under this
Section, a physician assistant must |
obtain a mid-level practitioner
controlled substances |
license. Medication orders issued by a
physician
assistant |
shall be reviewed
periodically by the collaborating |
supervising physician. |
(2) The collaborating supervising physician shall file
|
with the Department notice of delegation of prescriptive |
authority to a
physician assistant and
termination of |
delegation, specifying the authority delegated or |
terminated.
Upon receipt of this notice delegating |
authority to prescribe Schedule III,
IV, or V controlled |
substances, the physician assistant shall be eligible to
|
register for a mid-level practitioner controlled |
substances license under
Section 303.05 of the Illinois |
Controlled Substances Act.
Nothing in this Act shall be |
construed to limit the delegation of tasks or
duties by the |
collaborating supervising physician to a nurse or other |
appropriately trained
persons in accordance with Section |
54.2 of the Medical Practice Act of 1987.
|
(3) In addition to the requirements of this subsection |
(b) of this Section , a collaborating supervising physician |
may, but is not required to, delegate authority to a |
physician assistant to prescribe Schedule II controlled |
|
substances, if all of the following conditions apply: |
(A) Specific Schedule II controlled substances by |
oral dosage or topical or transdermal application may |
be delegated, provided that the delegated Schedule II |
controlled substances are routinely prescribed by the |
collaborating supervising physician. This delegation |
must identify the specific Schedule II controlled |
substances by either brand name or generic name. |
Schedule II controlled substances to be delivered by |
injection or other route of administration may not be |
delegated. |
(B) (Blank). Any delegation must be controlled |
substances that the supervising physician prescribes. |
(C) Any prescription must be limited to no more |
than a 30-day supply, with any continuation authorized |
only after prior approval of the collaborating |
supervising physician. |
(D) The physician assistant must discuss the |
condition of any patients for whom a controlled |
substance is prescribed monthly with the collaborating |
supervising physician. |
(E) The physician assistant meets the education |
requirements of Section 303.05 of the Illinois |
Controlled Substances Act. |
(c) Nothing in this Act shall be construed to limit the |
delegation of tasks or duties by a physician to a licensed |
|
practical nurse, a registered professional nurse, or other |
persons. Nothing in this Act shall be construed to limit the |
method of delegation that may be authorized by any means, |
including, but not limited to, oral, written, electronic, |
standing orders, protocols, guidelines, or verbal orders. |
Nothing in this Act shall be construed to authorize a physician |
assistant to provide health care services required by law or |
rule to be performed by a physician. |
(c-5) Nothing in this Section shall be construed to apply
|
to any medication authority, including Schedule II controlled
|
substances of a licensed physician assistant for care provided
|
in a hospital, hospital affiliate, or ambulatory surgical
|
treatment center pursuant to Section 7.7 of this Act.
|
(d) (Blank). Any physician assistant who writes a |
prescription for a controlled substance without having a valid |
appropriate authority may be fined by the Department not more |
than $50 per prescription, and the Department may take any |
other disciplinary action provided for in this Act. |
(e) Nothing in this Section shall be construed to prohibit |
generic substitution. |
(Source: P.A. 96-268, eff. 8-11-09; 96-618, eff. 1-1-10; |
96-1000, eff. 7-2-10; 97-358, eff. 8-12-11.)
|
(225 ILCS 95/7.7) |
(Section scheduled to be repealed on January 1, 2018) |
Sec. 7.7. Physician assistants in hospitals, hospital |
|
affiliates, or ambulatory surgical treatment centers. |
(a) A physician assistant may provide services in a |
hospital or a hospital affiliate as those terms are defined in |
the Hospital Licensing Act , a hospital affiliate as defined in |
or the University of Illinois Hospital Act , or a licensed |
ambulatory surgical treatment center as defined in the |
Ambulatory Surgical Treatment Center Act without a written |
collaborative supervision agreement pursuant to Section 7.5 of |
this Act. A physician assistant must possess clinical |
privileges recommended by the hospital medical staff and |
granted by the hospital or the consulting medical staff |
committee and ambulatory surgical treatment center in order to |
provide services. The medical staff or consulting medical staff |
committee shall periodically review the services of physician |
assistants granted clinical privileges, including any care |
provided in a hospital affiliate. Authority may also be granted |
when recommended by the hospital medical staff and granted by |
the hospital or recommended by the consulting medical staff |
committee and ambulatory surgical treatment center to |
individual physician assistants to select, order, and |
administer medications, including controlled substances, to |
provide delineated care. In a hospital, hospital affiliate, or |
ambulatory surgical treatment center, the attending physician |
shall determine a physician assistant's role in providing care |
for his or her patients, except as otherwise provided in the |
medical staff bylaws or consulting committee policies. |
|
(a-5) Physician assistants practicing in a hospital |
affiliate may be, but are not required to be, granted authority |
to prescribe Schedule II through V controlled substances when |
such authority is recommended by the appropriate physician |
committee of the hospital affiliate and granted by the hospital |
affiliate. This authority may, but is not required to, include |
prescription of, selection of, orders for, administration of,
|
storage of, acceptance of samples of, and dispensing |
over-the-counter medications, legend drugs, medical gases, and |
controlled substances categorized as Schedule II through V |
controlled substances, as defined in Article II of the Illinois |
Controlled Substances Act, and other preparations, including, |
but not limited to, botanical and herbal remedies. |
To prescribe controlled substances under this subsection |
(a-5), a physician assistant must obtain a mid-level |
practitioner controlled substance license. Medication orders |
shall be reviewed periodically by the appropriate hospital |
affiliate physicians committee or its physician designee. |
The hospital affiliate shall file with the Department |
notice of a grant of prescriptive authority consistent with |
this subsection (a-5) and termination of such a grant of |
authority in accordance with rules of the Department. Upon |
receipt of this notice of grant of authority to prescribe any |
Schedule II through V controlled substances, the licensed |
physician assistant may register for a mid-level practitioner |
controlled substance license under Section 303.05 of the |
|
Illinois Controlled Substances Act. |
In addition, a hospital affiliate may, but is not required |
to, grant authority to a physician assistant to prescribe any |
Schedule II controlled substances if all of the following |
conditions apply: |
(1) specific Schedule II controlled substances by oral |
dosage or topical or transdermal application may be |
designated, provided that the designated Schedule II |
controlled substances are routinely prescribed by |
physician assistants in their area of certification; this |
grant of authority must identify the specific Schedule II |
controlled substances by either brand name or generic name; |
authority to prescribe or dispense Schedule II controlled |
substances to be delivered by injection or other route of |
administration may not be granted; |
(2) any grant of authority must be controlled |
substances limited to the practice of the physician |
assistant; |
(3) any prescription must be limited to no more than a |
30-day supply; |
(4) the physician assistant must discuss the condition |
of any patients for whom a controlled substance is |
prescribed monthly with the appropriate physician |
committee of the hospital affiliate or its physician |
designee; and |
(5) the physician assistant must meet the education |
|
requirements of Section 303.05 of the Illinois Controlled |
Substances Act. |
(b) A physician assistant granted authority to order |
medications including controlled substances may complete |
discharge prescriptions provided the prescription is in the |
name of the physician assistant and the attending or |
discharging physician. |
(c) Physician assistants practicing in a hospital, |
hospital affiliate, or an ambulatory surgical treatment center |
are not required to obtain a mid-level controlled substance |
license to order controlled substances under Section 303.05 of |
the Illinois Controlled Substances Act.
|
(Source: P.A. 97-1071, eff. 8-24-12.)
|
(225 ILCS 95/9) (from Ch. 111, par. 4609)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 9. Application for licensure. Applications for |
original licenses
shall be made to the
Department in writing on |
forms or electronically as prescribed by the Department and |
shall be
accompanied by the required fee, which shall not be |
refundable. An
application shall require information that in |
the judgment
of the
Department will enable the Department to |
pass on the qualifications of the
applicant for a license. An |
application shall include evidence of
passage of the |
examination of the National Commission on the Certification of
|
Physician Assistants, or its successor agency, and proof that |
|
the applicant
holds a valid certificate issued by that |
Commission.
|
Applicants have 3 years from the date of application to |
complete the
application process. If the process has not been |
completed in 3 years, the
application shall be denied, the fee |
shall be forfeited, and the applicant must
reapply and meet the |
requirements in effect at the time of reapplication.
|
(Source: P.A. 90-61, eff. 12-30-97 .)
|
(225 ILCS 95/10) (from Ch. 111, par. 4610)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 10. Identification. No person shall use the title |
"physician or perform the
duties of
"Physician assistant" |
unless he or she holds is a qualified holder of a
valid license |
issued by the Department as
provided in this Act. A physician |
assistant shall wear on his or her
person a
visible |
identification indicating that he or she is certified as a
|
physician
assistant while acting in the course of his or her |
duties.
|
(Source: P.A. 90-61, eff. 12-30-97 .)
|
(225 ILCS 95/10.5)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 10.5. Unlicensed practice; violation; civil penalty.
|
(a) Any person who practices, offers to practice, attempts |
to practice, or
holds oneself out to practice as a physician's |
|
assistant without being licensed
under this Act shall, in
|
addition to any other penalty provided by law, pay a civil |
penalty to the
Department in an amount not to exceed $10,000
|
for each offense as determined by
the Department. The civil |
penalty shall be assessed by the Department after a
hearing is |
held in accordance with the provisions set forth in this Act
|
regarding the provision of a hearing for the discipline of a |
licensee.
|
(b) The Department has the authority and power to |
investigate any and all
unlicensed activity.
|
(b-5) No person shall use any words, abbreviations, |
figures, letters, title, sign, card, or device tending to imply |
that he or she is a physician assistant, including, but not |
limited to, using the titles or initials "Physician Assistant" |
or "PA", or similar titles or initials, with the intention of |
indicating practice as a physician assistant without meeting |
the requirements of this Act. |
(c) The civil penalty shall be paid within 60 days after |
the effective date
of the order imposing the civil penalty. The |
order shall constitute a judgment
and may be filed and |
execution had thereon in the same manner as any judgment
from |
any court of record.
|
(Source: P.A. 95-703, eff. 12-31-07.)
|
(225 ILCS 95/11.5 new) |
Sec. 11.5. Continuing education. The Department shall |
|
adopt rules for continuing education for persons licensed under |
this Act that require 50 hours of continuing education per |
2-year license renewal cycle. Completion of the 50 hours of |
continuing education shall be deemed to satisfy the continuing |
education requirements for renewal of a physician assistant |
license as required by this Act. The rules shall not be |
inconsistent with requirements of relevant national certifying |
bodies or State or national professional associations. The |
rules shall also address variances in part or in whole for good |
cause, including, but not limited to, illness or hardship. The |
continuing education rules shall ensure that licensees are |
given the opportunity to participate in programs sponsored by |
or through their State or national professional associations, |
hospitals, or other providers of continuing education. Each |
licensee is responsible for maintaining records of completion |
of continuing education and shall be prepared to produce the |
records when requested by the Department.
|
(225 ILCS 95/12) (from Ch. 111, par. 4612)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 12. A person shall be qualified for licensure as a |
physician
assistant and the Department may issue a physician |
assistant license to a
person who:
|
1. has Has applied in writing or electronically in form |
and substance satisfactory to the
Department and has not |
violated any of the provisions of Section 21 of this
Act or |
|
the rules adopted under this Act promulgated hereunder. The |
Department may take into
consideration any felony |
conviction of the applicant but such conviction
shall not |
operate as an absolute bar to licensure ;
|
2. has Has successfully completed the examination |
provided by the National
Commission on the Certification of |
Physician Assistants Physician's Assistant or its |
successor
agency;
|
3. holds Holds a certificate issued by the National |
Commission on the Certification of Physician Assistants or |
an equivalent successor agency; and |
4. complies Complies with all applicable rules of the |
Department.
|
(Source: P.A. 95-703, eff. 12-31-07.)
|
(225 ILCS 95/13) (from Ch. 111, par. 4613)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 13. Department powers and duties. |
(a) Subject to the provisions of this Act, the Department
|
shall:
|
(1) adopt 1. Promulgate rules approved by the Board |
setting forth
standards to be met by a school or |
institution offering a course of
training for physician |
assistants prior to approval of such school
or |
institution ; .
|
(2) adopt 2. Promulgate rules approved by the Board |
|
setting forth
uniform and reasonable standards of |
instruction
to be met prior to approval of such course of
|
institution for physician assistants ; and .
|
(3) determine 3. Determine the reputability and good |
standing of such schools or
institutions and their course |
of instruction for physician assistants by
reference to |
compliance with such rules, provided that no school of
|
physician assistants that refuses admittance to applicants |
solely on
account of race, color, sex, or creed shall be |
considered reputable
and in good standing.
|
(b) No rule shall be adopted under this Act which allows a
|
physician assistant to perform any act, task , or function |
primarily
performed in the lawful practice of optometry under |
the Illinois
Optometric Practice Act of 1987.
|
(c) All rules shall be submitted to the Board for review |
and the Department shall consider any comments provided by the |
Board. |
(Source: P.A. 85-1440 .)
|
(225 ILCS 95/14.1)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 14.1. Fees.
|
(a) Fees collected for the administration of this Act shall |
be set by the
Department by rule. All fees are nonrefundable |
not refundable .
|
(b) (Blank).
|
|
(c) All moneys collected under this Act by the Department |
shall be
deposited in the Illinois State Medical Disciplinary |
Fund in the State
Treasury and used (1) in the exercise of its |
powers and performance of its
duties under this Act, as such |
use is made by the Department; (2) for costs
directly
related |
to licensing and license renewal of persons licensed under this |
Act; and (3) for costs related to the
public purposes of the |
Department.
|
All earnings received from investment of moneys in the |
Illinois State
Medical Disciplinary Fund shall be deposited |
into the Illinois State Medical
Disciplinary Fund and shall be |
used for the same purposes as fees deposited in
the Fund.
|
(Source: P.A. 95-703, eff. 12-31-07 .)
|
(225 ILCS 95/16) (from Ch. 111, par. 4616)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 16. Expiration; renewal. The expiration date and |
renewal period for
each license
issued under this Act shall be |
set by rule. Renewal shall be conditioned
on paying the |
required fee and by meeting such other requirements as may be
|
established by rule. The certification as a physician assistant |
by the National Commission on Certification of Physician |
Assistants or an equivalent successor agency is not required |
for renewal of a license under this Act.
|
Any physician assistant who has permitted his or her |
license to expire or
who
has had his or her license on inactive |
|
status may have the
license restored by
making application to |
the Department and filing proof acceptable to the
Department of |
his or her fitness to have the license restored,
and by paying |
the
required fees. Proof of fitness may include sworn evidence |
certifying
to active lawful practice in another jurisdiction.
|
If the physician assistant has not maintained an active |
practice in another
jurisdiction satisfactory to the |
Department,
the Department shall determine, by an evaluation |
program established by
rule, his or her fitness for restoration |
of the license and
shall establish
procedures and requirements |
for such restoration.
|
However, any physician assistant whose license expired |
while he or she
was (1)
in federal service on active duty with |
the Armed Forces of the United
States, or the State Militia |
called into service or training, or (2) in
training or |
education under the supervision of the United States
|
preliminary to induction into the military service, may have |
the
license
restored without paying any lapsed renewal fees if |
within 2 years after
honorable termination of such service, |
training, or education he or she
furnishes
the Department with |
satisfactory evidence to the effect that he or she has
been so
|
engaged and that his or her service, training, or education has |
been so
terminated.
|
(Source: P.A. 90-61, eff. 12-30-97 .)
|
(225 ILCS 95/21) (from Ch. 111, par. 4621)
|
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 21. Grounds for disciplinary action.
|
(a) The Department may refuse to issue or to renew, or may
|
revoke, suspend, place on probation, censure or reprimand, or |
take other
disciplinary or non-disciplinary action with regard |
to any license issued under this Act as the
Department may deem |
proper, including the issuance of fines not to exceed
$10,000
|
for each violation, for any one or combination of the following |
causes:
|
(1) Material misstatement in furnishing information to |
the Department.
|
(2) Violations of this Act, or the rules adopted under |
this Act.
|
(3) Conviction by plea of guilty or nolo contendere, |
finding of guilt, jury verdict, or entry of judgment or |
sentencing, including, but not limited to, convictions, |
preceding sentences of supervision, conditional discharge, |
or first offender probation, under the laws of any |
jurisdiction of the United States that is: (i) a felony; or |
(ii) a misdemeanor, an essential element of which is |
dishonesty, or that is directly related to the practice of |
the profession. Conviction of or entry of a plea of guilty |
or nolo contendere to any crime that is a felony under the |
laws of the United States or any state or territory thereof
|
or that is a misdemeanor
of which an essential element is
|
dishonesty or
that
is directly related to the practice of |
|
the
profession.
|
(4) Making any misrepresentation for the purpose of |
obtaining licenses.
|
(5) Professional incompetence.
|
(6) Aiding or assisting another person in violating any |
provision of this
Act or its rules.
|
(7) Failing, within 60 days, to provide information in |
response to a
written request made by the Department.
|
(8) Engaging in dishonorable, unethical, or |
unprofessional conduct, as
defined by rule, of a character |
likely to deceive, defraud, or harm the public.
|
(9) Habitual or excessive use or addiction to alcohol, |
narcotics,
stimulants, or any other chemical agent or drug |
that results in a physician
assistant's inability to |
practice with reasonable judgment, skill, or safety.
|
(10) Discipline by another U.S. jurisdiction or |
foreign nation, if at
least one of the grounds for |
discipline is the same or substantially equivalent
to those |
set forth in this Section.
|
(11) Directly or indirectly giving to or receiving from |
any person, firm,
corporation, partnership, or association |
any fee, commission, rebate or
other form of compensation |
for any professional services not actually or
personally |
rendered. Nothing in this paragraph (11) affects any bona |
fide independent contractor or employment arrangements, |
which may include provisions for compensation, health |
|
insurance, pension, or other employment benefits, with |
persons or entities authorized under this Act for the |
provision of services within the scope of the licensee's |
practice under this Act.
|
(12) A finding by the Disciplinary Board that the |
licensee, after having
his or her license placed on |
probationary status has violated the terms of
probation.
|
(13) Abandonment of a patient.
|
(14) Willfully making or filing false records or |
reports in his or her
practice, including but not limited |
to false records filed with state agencies
or departments.
|
(15) Willfully failing to report an instance of |
suspected child abuse or
neglect as required by the Abused |
and Neglected Child Reporting Act.
|
(16) Physical illness, or mental illness or impairment
|
that results in the inability to practice the profession |
with
reasonable judgment, skill, or safety, including, but |
not limited to, deterioration through the aging process or |
loss of motor skill.
|
(17) Being named as a perpetrator in an indicated |
report by the
Department of Children and Family Services |
under the Abused and
Neglected Child Reporting Act, and |
upon proof by clear and convincing evidence
that the |
licensee has caused a child to be an abused child or |
neglected child
as defined in the Abused and Neglected |
Child Reporting Act.
|
|
(18) (Blank).
|
(19) Gross negligence
resulting in permanent injury or |
death
of a patient.
|
(20) Employment of fraud, deception or any unlawful |
means in applying for
or securing a license as a physician |
assistant.
|
(21) Exceeding the authority delegated to him or her by |
his or her collaborating
supervising physician in a written |
collaborative supervision agreement.
|
(22) Immoral conduct in the commission of any act, such |
as sexual abuse,
sexual misconduct , or sexual exploitation |
related to the licensee's practice.
|
(23) Violation of the Health Care Worker Self-Referral |
Act.
|
(24) Practicing under a false or assumed name, except |
as provided by law.
|
(25) Making a false or misleading statement regarding |
his or her skill or
the efficacy or value of the medicine, |
treatment, or remedy prescribed by him
or her in the course |
of treatment.
|
(26) Allowing another person to use his or her license |
to practice.
|
(27) Prescribing, selling, administering, |
distributing, giving, or
self-administering a drug |
classified as a controlled substance (designated
product) |
or narcotic for other than medically-accepted therapeutic |
|
purposes.
|
(28) Promotion of the sale of drugs, devices, |
appliances, or goods
provided for a patient in a manner to |
exploit the patient for financial gain.
|
(29) A pattern of practice or other behavior that |
demonstrates incapacity
or incompetence to practice under |
this Act.
|
(30) Violating State or federal laws or regulations |
relating to controlled
substances or other legend drugs or |
ephedra as defined in the Ephedra Prohibition Act .
|
(31) Exceeding the prescriptive authority delegated by |
the collaborating
supervising physician or violating the |
written collaborative supervision agreement delegating |
that
authority.
|
(32) Practicing without providing to the Department a |
notice of collaboration
supervision or delegation of
|
prescriptive authority.
|
(33) Failure to establish and maintain records of |
patient care and treatment as required by law. |
(34) Attempting to subvert or cheat on the examination |
of the National Commission on Certification of Physician |
Assistants or its successor agency. |
(35) Willfully or negligently violating the |
confidentiality between physician assistant and patient, |
except as required by law. |
(36) Willfully failing to report an instance of |
|
suspected abuse, neglect, financial exploitation, or |
self-neglect of an eligible adult as defined in and |
required by the Adult Protective Services Act. |
(37) Being named as an abuser in a verified report by |
the Department on Aging under the Adult Protective Services |
Act and upon proof by clear and convincing evidence that |
the licensee abused, neglected, or financially exploited |
an eligible adult as defined in the Adult Protective |
Services Act. |
(38) Failure to report to the Department an adverse |
final action taken against him or her by another licensing |
jurisdiction of the United States or a foreign state or |
country, a peer review body, a health care institution, a |
professional society or association, a governmental |
agency, a law enforcement agency, or a court acts or |
conduct similar to acts or conduct that would constitute |
grounds for action under this Section. |
(39) Failure to provide copies of records of patient |
care or treatment, except as required by law. |
(b) The Department may, without a hearing, refuse to issue |
or renew or may suspend the license of any
person who fails to |
file a return, or to pay the tax, penalty or interest
shown in |
a filed return, or to pay any final assessment of the tax,
|
penalty, or interest as required by any tax Act administered by |
the
Illinois Department of Revenue, until such time as the |
requirements of any
such tax Act are satisfied.
|
|
(c) The determination by a circuit court that a licensee is |
subject to
involuntary admission or judicial admission as |
provided in the Mental Health
and Developmental Disabilities |
Code operates as an automatic suspension.
The
suspension will |
end only upon a finding by a court that the patient is no
|
longer subject to involuntary admission or judicial admission |
and issues an
order so finding and discharging the patient, and |
upon the
recommendation of
the Disciplinary Board to the |
Secretary
that the licensee be allowed to resume
his or her |
practice.
|
(d) In enforcing this Section, the Department upon a |
showing of a
possible
violation may compel an individual |
licensed to practice under this Act, or
who has applied for |
licensure under this Act, to submit
to a mental or physical |
examination, or both, which may include a substance abuse or |
sexual offender evaluation, as required by and at the expense
|
of the Department. |
The Department shall specifically designate the examining |
physician licensed to practice medicine in all of its branches |
or, if applicable, the multidisciplinary team involved in |
providing the mental or physical examination or both. The |
multidisciplinary team shall be led by a physician licensed to |
practice medicine in all of its branches and may consist of one |
or more or a combination of physicians licensed to practice |
medicine in all of its branches, licensed clinical |
psychologists, licensed clinical social workers, licensed |
|
clinical professional counselors, and other professional and |
administrative staff. Any examining physician or member of the |
multidisciplinary team may require any person ordered to submit |
to an examination pursuant to this Section to submit to any |
additional supplemental testing deemed necessary to complete |
any examination or evaluation process, including, but not |
limited to, blood testing, urinalysis, psychological testing, |
or neuropsychological testing. |
The Department may order the examining physician or any |
member of the multidisciplinary team to provide to the |
Department any and all records, including business records, |
that relate to the examination and evaluation, including any |
supplemental testing performed. |
The Department may order the examining physician or any |
member of the multidisciplinary team to
present
testimony |
concerning the mental or physical examination of the licensee |
or
applicant. No information , report, record, or other |
documents in any way related to the examination shall be |
excluded by reason of any common law or
statutory privilege |
relating to communications between the licensee or
applicant |
and the examining physician or any member of the |
multidisciplinary team. No authorization is necessary from the |
licensee or applicant ordered to undergo an examination for the |
examining physician or any member of the multidisciplinary team |
to provide information, reports, records, or other documents or |
to provide any testimony regarding the examination and |
|
evaluation . The examining
physicians
shall be specifically |
designated by the Department. |
The individual to be examined may have, at his or her own |
expense, another
physician of his or her choice present during |
all
aspects of this examination. However, that physician shall |
be present only to observe and may not interfere in any way |
with the examination. |
Failure of an individual to submit to a mental
or
physical |
examination, when ordered directed , shall result in an |
automatic be grounds for suspension of his or
her
license until |
the individual submits to the examination if the Department
|
finds,
after notice and hearing, that the refusal to submit to |
the examination was
without reasonable cause .
|
If the Department finds an individual unable to practice |
because of
the
reasons
set forth in this Section, the |
Department may require that individual
to submit
to
care, |
counseling, or treatment by physicians approved
or designated |
by the Department, as a condition, term, or restriction
for |
continued,
reinstated, or
renewed licensure to practice; or, in |
lieu of care, counseling, or treatment,
the Department may file
|
a complaint to immediately
suspend, revoke, or otherwise |
discipline the license of the individual.
An individual whose
|
license was granted, continued, reinstated, renewed, |
disciplined, or supervised
subject to such terms, conditions, |
or restrictions, and who fails to comply
with
such terms, |
conditions, or restrictions, shall be referred to the Secretary
|
|
for
a
determination as to whether the individual shall have his |
or her license
suspended immediately, pending a hearing by the |
Department.
|
In instances in which the Secretary
immediately suspends a |
person's license
under this Section, a hearing on that person's |
license must be convened by
the Department within 30
days after |
the suspension and completed without
appreciable
delay.
The |
Department shall have the authority to review the subject
|
individual's record of
treatment and counseling regarding the |
impairment to the extent permitted by
applicable federal |
statutes and regulations safeguarding the confidentiality of
|
medical records.
|
An individual licensed under this Act and affected under |
this Section shall
be
afforded an opportunity to demonstrate to |
the Department that he or
she can resume
practice in compliance |
with acceptable and prevailing standards under the
provisions |
of his or her license.
|
(e) An individual or organization acting in good faith, and |
not in a willful and wanton manner, in complying with this |
Section by providing a report or other information to the |
Board, by assisting in the investigation or preparation of a |
report or information, by participating in proceedings of the |
Board, or by serving as a member of the Board, shall not be |
subject to criminal prosecution or civil damages as a result of |
such actions. |
(f) Members of the Board and the Disciplinary Board shall |
|
be indemnified by the State for any actions occurring within |
the scope of services on the Disciplinary Board or Board, done |
in good faith and not willful and wanton in nature. The |
Attorney General shall defend all such actions unless he or she |
determines either that there would be a conflict of interest in |
such representation or that the actions complained of were not |
in good faith or were willful and wanton. |
If the Attorney General declines representation, the |
member has the right to employ counsel of his or her choice, |
whose fees shall be provided by the State, after approval by |
the Attorney General, unless there is a determination by a |
court that the member's actions were not in good faith or were |
willful and wanton. |
The member must notify the Attorney General within 7 days |
after receipt of notice of the initiation of any action |
involving services of the Disciplinary Board. Failure to so |
notify the Attorney General constitutes an absolute waiver of |
the right to a defense and indemnification. |
The Attorney General shall determine, within 7 days after |
receiving such notice, whether he or she will undertake to |
represent the member. |
(Source: P.A. 95-703, eff. 12-31-07; 96-268, eff. 8-11-09; |
96-1482, eff. 11-29-10.)
|
(225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
|
(Section scheduled to be repealed on January 1, 2018)
|
|
Sec. 22.2. Investigation; notice; hearing. The Department |
may investigate
the actions of any applicant
or of any person |
or persons holding or claiming to hold a license. The
|
Department shall, before suspending, revoking, placing on |
probationary
status, or taking any other disciplinary action as |
the Department may deem
proper with regard to any license, at |
least 30 days prior to
the date set for the hearing, notify the |
applicant or licensee
in writing of any charges
made and the |
time and place for a hearing of the charges before the
|
Disciplinary Board, direct him or her to file his or her |
written answer
thereto to the
Disciplinary Board under oath |
within 20 days after the service on him or
her of
such notice |
and inform him or her that if he or she fails to file such
|
answer default
will be taken against him or her and his or her
|
license may be suspended, revoked, placed on probationary
|
status, or have other disciplinary action, including limiting |
the scope,
nature or extent of his or her practice, as the |
Department may deem proper
taken
with regard thereto. Written |
or electronic
notice may be served by personal
delivery , email, |
or certified or registered mail to the applicant or licensee at |
his or her last address of record or email address of record |
with the Department . At the time and place fixed in the notice,
|
the Department shall proceed to hear the charges and the |
parties or their
counsel shall be accorded ample opportunity to |
present such statements,
testimony, evidence, and argument as |
may be pertinent to the charges or to
the defense thereto. The |
|
Department may continue such hearing from time to
time. In case |
the applicant or licensee, after receiving
notice, fails to |
file an
answer, his or her license may in the discretion of the |
Secretary,
having received first the recommendation of the |
Disciplinary Board, be
suspended, revoked, placed on |
probationary status, or the Secretary
may take
whatever |
disciplinary action as he or she may deem proper, including
|
limiting the
scope, nature, or extent of such person's |
practice, without a hearing, if
the act or acts charged |
constitute sufficient grounds for such action
under this Act.
|
(Source: P.A. 95-703, eff. 12-31-07.)
|
(225 ILCS 95/22.6) (from Ch. 111, par. 4622.6)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 22.6. At the conclusion of the hearing , the |
Disciplinary Board shall
present to the Secretary
a written |
report of its findings of fact,
conclusions of law , and |
recommendations. The report shall contain a finding
whether or |
not the accused person violated this Act or failed to comply
|
with the conditions required in this Act. The Disciplinary |
Board shall
specify the nature of the violation or failure to |
comply, and shall make
its recommendations to the Secretary.
|
The report of findings of fact, conclusions of law , and |
recommendation of
the Disciplinary Board shall be the basis for |
the Department's order or
refusal or for the granting of a |
license or permit. If the Secretary
disagrees in any regard |
|
with the report of the Disciplinary Board, the Secretary
may |
issue an order in contravention thereof. The Secretary
shall
|
provide a written report to the Disciplinary Board on any |
deviation, and
shall specify with particularity the reasons
for |
such action in the final order. The finding is not admissible |
in
evidence against the person in a criminal prosecution |
brought for the
violation of this Act, but the hearing and |
finding are not a bar to a
criminal prosecution brought for the |
violation of this Act.
|
(Source: P.A. 95-703, eff. 12-31-07.)
|
(225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 22.7. Hearing officer. Notwithstanding the provisions |
of Section
22.2 of this
Act, the Secretary
shall have the |
authority to appoint any attorney duly
licensed to practice law |
in the State of Illinois to serve as the hearing
officer in any |
action for refusal to issue or renew, or for
discipline of, a |
license. The Secretary
shall notify the Disciplinary Board of
|
any
such
appointment. The hearing officer shall have full |
authority to conduct the
hearing. The hearing officer shall |
report his or her findings of fact,
conclusions of law, and |
recommendations to the Disciplinary Board and the Secretary. |
The Disciplinary Board shall have 60 days from receipt of the
|
report to review the report of the hearing officer and present |
their
findings of fact, conclusions of law, and recommendations |
|
to the Secretary.
If the Disciplinary Board fails to present |
its report within the 60-day 60 day
period, the respondent may |
request in writing a direct appeal to the Secretary, in which |
case the Secretary may shall, within 7 calendar days after the |
request, issue an order directing the Disciplinary Board to |
issue its findings of fact, conclusions of law, and |
recommendations to the Secretary within 30 calendar days after |
such order. If the Disciplinary Board fails to issue its |
findings of fact, conclusions of law, and recommendations |
within that time frame to the Secretary after the entry of such |
order, the Secretary shall, within 30 calendar days thereafter, |
issue an order based upon the report of the hearing officer and |
the record of the proceedings or issue an order remanding the |
matter back to the hearing officer for additional proceedings |
in accordance with the order. If (i) a direct appeal is |
requested, (ii) the Disciplinary Board fails to issue its |
findings of fact, conclusions of law, and recommendations |
within the 30-day mandate from the Secretary or the Secretary |
fails to order the Disciplinary Board to do so, and (iii) the |
Secretary fails to issue an order within 30 calendar days |
thereafter, then the hearing officer's report is deemed |
accepted and a final decision of the Secretary. Notwithstanding |
any other provision of this Section, if the Secretary, upon |
review, determines that substantial justice has not been done |
in the revocation, suspension, or refusal to issue or renew a |
license or other disciplinary action taken as the result of the |
|
entry of the hearing officer's report, the Secretary may order |
a rehearing by the same or other examiners. If the Secretary
|
disagrees in any regard with the report
of the Disciplinary |
Board or hearing officer, he or she may issue an order
in
|
contravention thereof. The Secretary
shall provide a written |
explanation to
the Disciplinary Board on any such deviation, |
and shall specify with
particularity the reasons for such |
action in the final order.
|
(Source: P.A. 95-703, eff. 12-31-07.)
|
(225 ILCS 95/22.11) (from Ch. 111, par. 4622.11)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 22.11. Restoration of license. At any time after the |
successful completion of a term of probation, suspension , or
|
revocation of any
license , the Department may restore it to the |
licensee,
unless after
an investigation and a hearing, the |
Department determines that restoration
is not in the public |
interest.
Where circumstances of suspension or revocation so |
indicate, the Department
may require an examination of the |
licensee prior to restoring his or her
license. No person whose |
license has been revoked as authorized in this Act may apply |
for restoration of that license until such time as provided for |
in the Civil Administrative Code of Illinois.
|
A license that has been suspended or revoked shall be |
considered nonrenewed for purposes of restoration and a person |
restoring his or her license from suspension or revocation must |
|
comply with the requirements for restoration of a nonrenewed |
license as set forth in Section 16 of this Act and any related |
rules adopted. |
(Source: P.A. 90-61, eff. 12-30-97 .)
|
(225 ILCS 95/22.14) (from Ch. 111, par. 4622.14)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 22.14. Administrative review; certification of |
record. |
(a) All final administrative decisions of the Department |
are
subject to judicial review pursuant to the provisions of |
the " Administrative
Review Law " , and all rules adopted pursuant |
thereto. The term
"administrative decision" is defined as in |
Section 3-101 of the " Code
of Civil Procedure " .
|
(b) Proceedings for judicial review shall be commenced in |
the circuit court
of the county in which the party applying for |
review resides; but if the
party is not a resident of this |
State, venue shall be in Sangamon
County.
|
(c) The Department shall not be required to certify any |
record to the court, to file an answer in court, or to |
otherwise appear in any court in a judicial review proceeding |
unless and until the Department has received from the plaintiff |
payment of the costs of furnishing and certifying the record, |
which costs shall be determined by the Department. Exhibits |
shall be certified without cost. Failure on the part of the |
plaintiff to file a receipt in court is grounds for dismissal |
|
of the action. During the pendency and hearing of any and all |
judicial proceedings incident to the disciplinary action the |
sanctions imposed upon the accused by the Department because of |
acts or omissions related to the delivery of direct patient |
care as specified in the Department's final administrative |
decision, shall, as a matter of public policy, remain in full |
force and effect in order to protect the public pending final |
resolution of any of the proceedings. |
(Source: P.A. 86-596 .)
|
(225 ILCS 95/22.17 new) |
Sec. 22.17. Confidentiality. All information collected by |
the Department in the course of an examination or investigation |
of a licensee or applicant, including, but not limited to, any |
complaint against a licensee filed with the Department and |
information collected to investigate any such complaint, shall |
be maintained for the confidential use of the Department and |
shall not be disclosed. The Department shall not disclose the |
information to anyone other than law enforcement officials, |
regulatory agencies that have an appropriate regulatory |
interest as determined by the Secretary, or a party presenting |
a lawful subpoena to the Department. Information and documents |
disclosed to a federal, State, county, or local law enforcement |
agency shall not be disclosed by the agency for any purpose to |
any other agency or person. A formal complaint filed against a |
licensee by the Department or any order issued by the |
|
Department against a licensee or applicant shall be a public |
record, except as otherwise prohibited by law.
|
(225 ILCS 95/23) (from Ch. 111, par. 4623)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 23. Home rule. It is declared to be the public policy |
of this State,
pursuant to paragraphs (h) and (i) of Section 6 |
of Article VII of the
Illinois Constitution of 1970, that any |
power or function set forth in this
Act to be exercised by the |
State is an exclusive State power or function.
Such power or |
function shall not be exercised concurrently, either directly
|
or indirectly, by any unit of local government, including home |
rule units,
except as otherwise provided in this Act.
|
(Source: P.A. 85-981 .)
|
Section 15. The Illinois Public Aid Code is amended by |
changing Section 5-8 as follows: |
(305 ILCS 5/5-8) (from Ch. 23, par. 5-8)
|
Sec. 5-8. Practitioners. In supplying medical assistance, |
the Illinois
Department may provide for the legally authorized |
services of (i) persons
licensed under the Medical Practice Act |
of 1987, as amended, except as
hereafter in this Section |
stated, whether under a
general or limited license, (ii) |
persons licensed under the Nurse Practice Act as advanced |
practice nurses, regardless of whether or not the persons have |
|
written collaborative agreements, (iii) persons licensed or |
registered
under
other laws of this State to provide dental, |
medical, pharmaceutical,
optometric, podiatric, or nursing |
services, or other remedial care
recognized under State law, |
and (iv) persons licensed under other laws of
this State as a |
clinical social worker , and (v) persons licensed under other |
laws of this State as physician assistants . The Department |
shall adopt rules, no later than 90 days after the effective |
date of this amendatory Act of the 99th General Assembly, for |
the legally authorized services of persons licensed under other |
laws of this State as a clinical social worker.
The Department |
may not provide for legally
authorized services of any |
physician who has been convicted of having performed
an |
abortion procedure in a wilful and wanton manner on a woman who |
was not
pregnant at the time such abortion procedure was |
performed. The
utilization of the services of persons engaged |
in the treatment or care of
the sick, which persons are not |
required to be licensed or registered under
the laws of this |
State, is not prohibited by this Section.
|
(Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17 .)
|
Section 20. The Illinois Controlled Substances Act is |
amended by changing Sections 102 and 303.05 as follows: |
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) |
Sec. 102. Definitions. As used in this Act, unless the |
|
context
otherwise requires:
|
(a) "Addict" means any person who habitually uses any drug, |
chemical,
substance or dangerous drug other than alcohol so as |
to endanger the public
morals, health, safety or welfare or who |
is so far addicted to the use of a
dangerous drug or controlled |
substance other than alcohol as to have lost
the power of self |
control with reference to his or her addiction.
|
(b) "Administer" means the direct application of a |
controlled
substance, whether by injection, inhalation, |
ingestion, or any other
means, to the body of a patient, |
research subject, or animal (as
defined by the Humane |
Euthanasia in Animal Shelters Act) by:
|
(1) a practitioner (or, in his or her presence, by his |
or her authorized agent),
|
(2) the patient or research subject pursuant to an |
order, or
|
(3) a euthanasia technician as defined by the Humane |
Euthanasia in
Animal Shelters Act.
|
(c) "Agent" means an authorized person who acts on behalf |
of or at
the direction of a manufacturer, distributor, |
dispenser, prescriber, or practitioner. It does not
include a |
common or contract carrier, public warehouseman or employee of
|
the carrier or warehouseman.
|
(c-1) "Anabolic Steroids" means any drug or hormonal |
substance,
chemically and pharmacologically related to |
testosterone (other than
estrogens, progestins, |
|
corticosteroids, and dehydroepiandrosterone),
and includes:
|
(i) 3[beta],17-dihydroxy-5a-androstane, |
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, |
(iii) 5[alpha]-androstan-3,17-dione, |
(iv) 1-androstenediol (3[beta], |
17[beta]-dihydroxy-5[alpha]-androst-1-ene), |
(v) 1-androstenediol (3[alpha], |
17[beta]-dihydroxy-5[alpha]-androst-1-ene), |
(vi) 4-androstenediol |
(3[beta],17[beta]-dihydroxy-androst-4-ene), |
(vii) 5-androstenediol |
(3[beta],17[beta]-dihydroxy-androst-5-ene), |
(viii) 1-androstenedione |
([5alpha]-androst-1-en-3,17-dione), |
(ix) 4-androstenedione |
(androst-4-en-3,17-dione), |
(x) 5-androstenedione |
(androst-5-en-3,17-dione), |
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- |
hydroxyandrost-4-en-3-one), |
(xii) boldenone (17[beta]-hydroxyandrost- |
1,4,-diene-3-one), |
(xiii) boldione (androsta-1,4- |
diene-3,17-dione), |
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17 |
[beta]-hydroxyandrost-4-en-3-one), |
|
(xv) clostebol (4-chloro-17[beta]- |
hydroxyandrost-4-en-3-one), |
(xvi) dehydrochloromethyltestosterone (4-chloro- |
17[beta]-hydroxy-17[alpha]-methyl- |
androst-1,4-dien-3-one), |
(xvii) desoxymethyltestosterone |
(17[alpha]-methyl-5[alpha] |
-androst-2-en-17[beta]-ol)(a.k.a., madol), |
(xviii) [delta]1-dihydrotestosterone (a.k.a. |
'1-testosterone') (17[beta]-hydroxy- |
5[alpha]-androst-1-en-3-one), |
(xix) 4-dihydrotestosterone (17[beta]-hydroxy- |
androstan-3-one), |
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- |
5[alpha]-androstan-3-one), |
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- |
hydroxyestr-4-ene), |
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- |
1[beta],17[beta]-dihydroxyandrost-4-en-3-one), |
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], |
17[beta]-dihydroxyandrost-1,4-dien-3-one), |
(xxiv) furazabol (17[alpha]-methyl-17[beta]- |
hydroxyandrostano[2,3-c]-furazan), |
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) |
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- |
androst-4-en-3-one), |
|
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- |
dihydroxy-estr-4-en-3-one), |
(xxviii) mestanolone (17[alpha]-methyl-17[beta]- |
hydroxy-5-androstan-3-one), |
(xxix) mesterolone (1amethyl-17[beta]-hydroxy- |
[5a]-androstan-3-one), |
(xxx) methandienone (17[alpha]-methyl-17[beta]- |
hydroxyandrost-1,4-dien-3-one), |
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- |
dihydroxyandrost-5-ene), |
(xxxii) methenolone (1-methyl-17[beta]-hydroxy- |
5[alpha]-androst-1-en-3-one), |
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- |
dihydroxy-5a-androstane), |
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy |
-5a-androstane), |
(xxxv) 17[alpha]-methyl-3[beta],17[beta]- |
dihydroxyandrost-4-ene), |
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- |
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), |
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- |
hydroxyestra-4,9(10)-dien-3-one), |
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- |
hydroxyestra-4,9-11-trien-3-one), |
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- |
hydroxyandrost-4-en-3-one), |
|
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- |
hydroxyestr-4-en-3-one), |
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone |
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- |
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- |
1-testosterone'), |
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), |
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- |
dihydroxyestr-4-ene), |
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- |
dihydroxyestr-4-ene), |
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- |
dihydroxyestr-5-ene), |
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- |
dihydroxyestr-5-ene), |
(xlvii) 19-nor-4,9(10)-androstadienedione |
(estra-4,9(10)-diene-3,17-dione), |
(xlviii) 19-nor-4-androstenedione (estr-4- |
en-3,17-dione), |
(xlix) 19-nor-5-androstenedione (estr-5- |
en-3,17-dione), |
(l) norbolethone (13[beta], 17a-diethyl-17[beta]- |
hydroxygon-4-en-3-one), |
(li) norclostebol (4-chloro-17[beta]- |
hydroxyestr-4-en-3-one), |
(lii) norethandrolone (17[alpha]-ethyl-17[beta]- |
|
hydroxyestr-4-en-3-one), |
(liii) normethandrolone (17[alpha]-methyl-17[beta]- |
hydroxyestr-4-en-3-one), |
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- |
2-oxa-5[alpha]-androstan-3-one), |
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]- |
dihydroxyandrost-4-en-3-one), |
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- |
17[beta]-hydroxy-(5[alpha]-androstan-3-one), |
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- |
(5[alpha]-androst-2-eno[3,2-c]-pyrazole), |
(lviii) stenbolone (17[beta]-hydroxy-2-methyl- |
(5[alpha]-androst-1-en-3-one), |
(lix) testolactone (13-hydroxy-3-oxo-13,17- |
secoandrosta-1,4-dien-17-oic |
acid lactone), |
(lx) testosterone (17[beta]-hydroxyandrost- |
4-en-3-one), |
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]- |
diethyl-17[beta]-hydroxygon- |
4,9,11-trien-3-one), |
(lxii) trenbolone (17[beta]-hydroxyestr-4,9, |
11-trien-3-one).
|
Any person who is otherwise lawfully in possession of an |
anabolic
steroid, or who otherwise lawfully manufactures, |
distributes, dispenses,
delivers, or possesses with intent to |
|
deliver an anabolic steroid, which
anabolic steroid is |
expressly intended for and lawfully allowed to be
administered |
through implants to livestock or other nonhuman species, and
|
which is approved by the Secretary of Health and Human Services |
for such
administration, and which the person intends to |
administer or have
administered through such implants, shall |
not be considered to be in
unauthorized possession or to |
unlawfully manufacture, distribute, dispense,
deliver, or |
possess with intent to deliver such anabolic steroid for
|
purposes of this Act.
|
(d) "Administration" means the Drug Enforcement |
Administration,
United States Department of Justice, or its |
successor agency.
|
(d-5) "Clinical Director, Prescription Monitoring Program" |
means a Department of Human Services administrative employee |
licensed to either prescribe or dispense controlled substances |
who shall run the clinical aspects of the Department of Human |
Services Prescription Monitoring Program and its Prescription |
Information Library. |
(d-10) "Compounding" means the preparation and mixing of |
components, excluding flavorings, (1) as the result of a |
prescriber's prescription drug order or initiative based on the |
prescriber-patient-pharmacist relationship in the course of |
professional practice or (2) for the purpose of, or incident |
to, research, teaching, or chemical analysis and not for sale |
or dispensing. "Compounding" includes the preparation of drugs |
|
or devices in anticipation of receiving prescription drug |
orders based on routine, regularly observed dispensing |
patterns. Commercially available products may be compounded |
for dispensing to individual patients only if both of the |
following conditions are met: (i) the commercial product is not |
reasonably available from normal distribution channels in a |
timely manner to meet the patient's needs and (ii) the |
prescribing practitioner has requested that the drug be |
compounded. |
(e) "Control" means to add a drug or other substance, or |
immediate
precursor, to a Schedule whether by
transfer from |
another Schedule or otherwise.
|
(f) "Controlled Substance" means (i) a drug, substance, |
immediate
precursor, or synthetic drug in the Schedules of |
Article II of this Act or (ii) a drug or other substance, or |
immediate precursor, designated as a controlled substance by |
the Department through administrative rule. The term does not |
include distilled spirits, wine, malt beverages, or tobacco, as |
those terms are
defined or used in the Liquor Control Act of |
1934 and the Tobacco Products Tax
Act of 1995.
|
(f-5) "Controlled substance analog" means a substance: |
(1) the chemical structure of which is substantially |
similar to the chemical structure of a controlled substance |
in Schedule I or II; |
(2) which has a stimulant, depressant, or |
hallucinogenic effect on the central nervous system that is |
|
substantially similar to or greater than the stimulant, |
depressant, or hallucinogenic effect on the central |
nervous system of a controlled substance in Schedule I or |
II; or |
(3) with respect to a particular person, which such |
person represents or intends to have a stimulant, |
depressant, or hallucinogenic effect on the central |
nervous system that is substantially similar to or greater |
than the stimulant, depressant, or hallucinogenic effect |
on the central nervous system of a controlled substance in |
Schedule I or II. |
(g) "Counterfeit substance" means a controlled substance, |
which, or
the container or labeling of which, without |
authorization bears the
trademark, trade name, or other |
identifying mark, imprint, number or
device, or any likeness |
thereof, of a manufacturer, distributor, or
dispenser other |
than the person who in fact manufactured, distributed,
or |
dispensed the substance.
|
(h) "Deliver" or "delivery" means the actual, constructive |
or
attempted transfer of possession of a controlled substance, |
with or
without consideration, whether or not there is an |
agency relationship.
|
(i) "Department" means the Illinois Department of Human |
Services (as
successor to the Department of Alcoholism and |
Substance Abuse) or its successor agency.
|
(j) (Blank).
|
|
(k) "Department of Corrections" means the Department of |
Corrections
of the State of Illinois or its successor agency.
|
(l) "Department of Financial and Professional Regulation" |
means the Department
of Financial and Professional Regulation |
of the State of Illinois or its successor agency.
|
(m) "Depressant" means any drug that (i) causes an overall |
depression of central nervous system functions, (ii) causes |
impaired consciousness and awareness, and (iii) can be |
habit-forming or lead to a substance abuse problem, including |
but not limited to alcohol, cannabis and its active principles |
and their analogs, benzodiazepines and their analogs, |
barbiturates and their analogs, opioids (natural and |
synthetic) and their analogs, and chloral hydrate and similar |
sedative hypnotics.
|
(n) (Blank).
|
(o) "Director" means the Director of the Illinois State |
Police or his or her designated agents.
|
(p) "Dispense" means to deliver a controlled substance to |
an
ultimate user or research subject by or pursuant to the |
lawful order of
a prescriber, including the prescribing, |
administering, packaging,
labeling, or compounding necessary |
to prepare the substance for that
delivery.
|
(q) "Dispenser" means a practitioner who dispenses.
|
(r) "Distribute" means to deliver, other than by |
administering or
dispensing, a controlled substance.
|
(s) "Distributor" means a person who distributes.
|
|
(t) "Drug" means (1) substances recognized as drugs in the |
official
United States Pharmacopoeia, Official Homeopathic |
Pharmacopoeia of the
United States, or official National |
Formulary, or any supplement to any
of them; (2) substances |
intended for use in diagnosis, cure, mitigation,
treatment, or |
prevention of disease in man or animals; (3) substances
(other |
than food) intended to affect the structure of any function of
|
the body of man or animals and (4) substances intended for use |
as a
component of any article specified in clause (1), (2), or |
(3) of this
subsection. It does not include devices or their |
components, parts, or
accessories.
|
(t-3) "Electronic health record" or "EHR" means an |
electronic record of health-related information on an |
individual that is created, gathered, managed, and consulted by |
authorized health care clinicians and staff. |
(t-5) "Euthanasia agency" means
an entity certified by the |
Department of Financial and Professional Regulation for the
|
purpose of animal euthanasia that holds an animal control |
facility license or
animal
shelter license under the Animal |
Welfare Act. A euthanasia agency is
authorized to purchase, |
store, possess, and utilize Schedule II nonnarcotic and
|
Schedule III nonnarcotic drugs for the sole purpose of animal |
euthanasia.
|
(t-10) "Euthanasia drugs" means Schedule II or Schedule III |
substances
(nonnarcotic controlled substances) that are used |
by a euthanasia agency for
the purpose of animal euthanasia.
|
|
(u) "Good faith" means the prescribing or dispensing of a |
controlled
substance by a practitioner in the regular course of |
professional
treatment to or for any person who is under his or |
her treatment for a
pathology or condition other than that |
individual's physical or
psychological dependence upon or |
addiction to a controlled substance,
except as provided herein: |
and application of the term to a pharmacist
shall mean the |
dispensing of a controlled substance pursuant to the
|
prescriber's order which in the professional judgment of the |
pharmacist
is lawful. The pharmacist shall be guided by |
accepted professional
standards including, but not limited to |
the following, in making the
judgment:
|
(1) lack of consistency of prescriber-patient |
relationship,
|
(2) frequency of prescriptions for same drug by one |
prescriber for
large numbers of patients,
|
(3) quantities beyond those normally prescribed,
|
(4) unusual dosages (recognizing that there may be |
clinical circumstances where more or less than the usual |
dose may be used legitimately),
|
(5) unusual geographic distances between patient, |
pharmacist and
prescriber,
|
(6) consistent prescribing of habit-forming drugs.
|
(u-0.5) "Hallucinogen" means a drug that causes markedly |
altered sensory perception leading to hallucinations of any |
type. |
|
(u-1) "Home infusion services" means services provided by a |
pharmacy in
compounding solutions for direct administration to |
a patient in a private
residence, long-term care facility, or |
hospice setting by means of parenteral,
intravenous, |
intramuscular, subcutaneous, or intraspinal infusion.
|
(u-5) "Illinois State Police" means the State
Police of the |
State of Illinois, or its successor agency. |
(v) "Immediate precursor" means a substance:
|
(1) which the Department has found to be and by rule |
designated as
being a principal compound used, or produced |
primarily for use, in the
manufacture of a controlled |
substance;
|
(2) which is an immediate chemical intermediary used or |
likely to
be used in the manufacture of such controlled |
substance; and
|
(3) the control of which is necessary to prevent, |
curtail or limit
the manufacture of such controlled |
substance.
|
(w) "Instructional activities" means the acts of teaching, |
educating
or instructing by practitioners using controlled |
substances within
educational facilities approved by the State |
Board of Education or
its successor agency.
|
(x) "Local authorities" means a duly organized State, |
County or
Municipal peace unit or police force.
|
(y) "Look-alike substance" means a substance, other than a |
controlled
substance which (1) by overall dosage unit |
|
appearance, including shape,
color, size, markings or lack |
thereof, taste, consistency, or any other
identifying physical |
characteristic of the substance, would lead a reasonable
person |
to believe that the substance is a controlled substance, or (2) |
is
expressly or impliedly represented to be a controlled |
substance or is
distributed under circumstances which would |
lead a reasonable person to
believe that the substance is a |
controlled substance. For the purpose of
determining whether |
the representations made or the circumstances of the
|
distribution would lead a reasonable person to believe the |
substance to be
a controlled substance under this clause (2) of |
subsection (y), the court or
other authority may consider the |
following factors in addition to any other
factor that may be |
relevant:
|
(a) statements made by the owner or person in control |
of the substance
concerning its nature, use or effect;
|
(b) statements made to the buyer or recipient that the |
substance may
be resold for profit;
|
(c) whether the substance is packaged in a manner |
normally used for the
illegal distribution of controlled |
substances;
|
(d) whether the distribution or attempted distribution |
included an
exchange of or demand for money or other |
property as consideration, and
whether the amount of the |
consideration was substantially greater than the
|
reasonable retail market value of the substance.
|
|
Clause (1) of this subsection (y) shall not apply to a |
noncontrolled
substance in its finished dosage form that was |
initially introduced into
commerce prior to the initial |
introduction into commerce of a controlled
substance in its |
finished dosage form which it may substantially resemble.
|
Nothing in this subsection (y) prohibits the dispensing or |
distributing
of noncontrolled substances by persons authorized |
to dispense and
distribute controlled substances under this |
Act, provided that such action
would be deemed to be carried |
out in good faith under subsection (u) if the
substances |
involved were controlled substances.
|
Nothing in this subsection (y) or in this Act prohibits the |
manufacture,
preparation, propagation, compounding, |
processing, packaging, advertising
or distribution of a drug or |
drugs by any person registered pursuant to
Section 510 of the |
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
|
(y-1) "Mail-order pharmacy" means a pharmacy that is |
located in a state
of the United States that delivers, |
dispenses or
distributes, through the United States Postal |
Service or other common
carrier, to Illinois residents, any |
substance which requires a prescription.
|
(z) "Manufacture" means the production, preparation, |
propagation,
compounding, conversion or processing of a |
controlled substance other than methamphetamine, either
|
directly or indirectly, by extraction from substances of |
natural origin,
or independently by means of chemical |
|
synthesis, or by a combination of
extraction and chemical |
synthesis, and includes any packaging or
repackaging of the |
substance or labeling of its container, except that
this term |
does not include:
|
(1) by an ultimate user, the preparation or compounding |
of a
controlled substance for his or her own use; or
|
(2) by a practitioner, or his or her authorized agent |
under his or her
supervision, the preparation, |
compounding, packaging, or labeling of a
controlled |
substance:
|
(a) as an incident to his or her administering or |
dispensing of a
controlled substance in the course of |
his or her professional practice; or
|
(b) as an incident to lawful research, teaching or |
chemical
analysis and not for sale.
|
(z-1) (Blank).
|
(z-5) "Medication shopping" means the conduct prohibited |
under subsection (a) of Section 314.5 of this Act. |
(z-10) "Mid-level practitioner" means (i) a physician |
assistant who has been delegated authority to prescribe through |
a written delegation of authority by a physician licensed to |
practice medicine in all of its branches, in accordance with |
Section 7.5 of the Physician Assistant Practice Act of 1987, |
(ii) an advanced practice nurse who has been delegated |
authority to prescribe through a written delegation of |
authority by a physician licensed to practice medicine in all |
|
of its branches or by a podiatric physician, in accordance with |
Section 65-40 of the Nurse Practice Act, (iii) an advanced |
practice nurse certified as a nurse practitioner, nurse |
midwife, or clinical nurse specialist who has been granted |
authority to prescribe by a hospital affiliate in accordance |
with Section 65-45 of the Nurse Practice Act, (iv) an animal |
euthanasia agency, or (v) a prescribing psychologist. |
(aa) "Narcotic drug" means any of the following, whether |
produced
directly or indirectly by extraction from substances |
of vegetable origin,
or independently by means of chemical |
synthesis, or by a combination of
extraction and chemical |
synthesis:
|
(1) opium, opiates, derivatives of opium and opiates, |
including their isomers, esters, ethers, salts, and salts |
of isomers, esters, and ethers, whenever the existence of |
such isomers, esters, ethers, and salts is possible within |
the specific chemical designation; however the term |
"narcotic drug" does not include the isoquinoline |
alkaloids of opium;
|
(2) (blank);
|
(3) opium poppy and poppy straw;
|
(4) coca leaves, except coca leaves and extracts of |
coca leaves from which substantially all of the cocaine and |
ecgonine, and their isomers, derivatives and salts, have |
been removed;
|
(5) cocaine, its salts, optical and geometric isomers, |
|
and salts of isomers; |
(6) ecgonine, its derivatives, their salts, isomers, |
and salts of isomers; |
(7) any compound, mixture, or preparation which |
contains any quantity of any of the substances referred to |
in subparagraphs (1) through (6). |
(bb) "Nurse" means a registered nurse licensed under the
|
Nurse Practice Act.
|
(cc) (Blank).
|
(dd) "Opiate" means any substance having an addiction |
forming or
addiction sustaining liability similar to morphine |
or being capable of
conversion into a drug having addiction |
forming or addiction sustaining
liability.
|
(ee) "Opium poppy" means the plant of the species Papaver
|
somniferum L., except its seeds.
|
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or |
solution or other liquid form of medication intended for |
administration by mouth, but the term does not include a form |
of medication intended for buccal, sublingual, or transmucosal |
administration. |
(ff) "Parole and Pardon Board" means the Parole and Pardon |
Board of
the State of Illinois or its successor agency.
|
(gg) "Person" means any individual, corporation, |
mail-order pharmacy,
government or governmental subdivision or |
agency, business trust, estate,
trust, partnership or |
association, or any other entity.
|
|
(hh) "Pharmacist" means any person who holds a license or |
certificate of
registration as a registered pharmacist, a local |
registered pharmacist
or a registered assistant pharmacist |
under the Pharmacy Practice Act.
|
(ii) "Pharmacy" means any store, ship or other place in |
which
pharmacy is authorized to be practiced under the Pharmacy |
Practice Act.
|
(ii-5) "Pharmacy shopping" means the conduct prohibited |
under subsection (b) of Section 314.5 of this Act. |
(ii-10) "Physician" (except when the context otherwise |
requires) means a person licensed to practice medicine in all |
of its branches. |
(jj) "Poppy straw" means all parts, except the seeds, of |
the opium
poppy, after mowing.
|
(kk) "Practitioner" means a physician licensed to practice |
medicine in all
its branches, dentist, optometrist, podiatric |
physician,
veterinarian, scientific investigator, pharmacist, |
physician assistant,
advanced practice nurse,
licensed |
practical
nurse, registered nurse, hospital, laboratory, or |
pharmacy, or other
person licensed, registered, or otherwise |
lawfully permitted by the
United States or this State to |
distribute, dispense, conduct research
with respect to, |
administer or use in teaching or chemical analysis, a
|
controlled substance in the course of professional practice or |
research.
|
(ll) "Pre-printed prescription" means a written |
|
prescription upon which
the designated drug has been indicated |
prior to the time of issuance; the term does not mean a written |
prescription that is individually generated by machine or |
computer in the prescriber's office.
|
(mm) "Prescriber" means a physician licensed to practice |
medicine in all
its branches, dentist, optometrist, |
prescribing psychologist licensed under Section 4.2 of the |
Clinical Psychologist Licensing Act with prescriptive |
authority delegated under Section 4.3 of the Clinical |
Psychologist Licensing Act, podiatric physician, or
|
veterinarian who issues a prescription, a physician assistant |
who
issues a
prescription for a controlled substance
in |
accordance
with Section 303.05, a written delegation, and a |
written collaborative supervision agreement required under |
Section 7.5
of the
Physician Assistant Practice Act of 1987, an |
advanced practice
nurse with prescriptive authority delegated |
under Section 65-40 of the Nurse Practice Act and in accordance |
with Section 303.05, a written delegation,
and a written
|
collaborative agreement under Section 65-35 of the Nurse |
Practice Act, or an advanced practice nurse certified as a |
nurse practitioner, nurse midwife, or clinical nurse |
specialist who has been granted authority to prescribe by a |
hospital affiliate in accordance with Section 65-45 of the |
Nurse Practice Act and in accordance with Section 303.05.
|
(nn) "Prescription" means a written, facsimile, or oral |
order, or an electronic order that complies with applicable |
|
federal requirements,
of
a physician licensed to practice |
medicine in all its branches,
dentist, podiatric physician or |
veterinarian for any controlled
substance, of an optometrist in |
accordance with Section 15.1 of the Illinois Optometric |
Practice Act of 1987, of a prescribing psychologist licensed |
under Section 4.2 of the Clinical Psychologist Licensing Act |
with prescriptive authority delegated under Section 4.3 of the |
Clinical Psychologist Licensing Act, of a physician assistant |
for a
controlled substance
in accordance with Section 303.05, a |
written delegation, and a written collaborative supervision |
agreement required under
Section 7.5 of the
Physician Assistant |
Practice Act of 1987, of an advanced practice
nurse with |
prescriptive authority delegated under Section 65-40 of the |
Nurse Practice Act who issues a prescription for a
controlled |
substance in accordance
with
Section 303.05, a written |
delegation, and a written collaborative agreement under |
Section 65-35 of the Nurse Practice Act, or of an advanced |
practice nurse certified as a nurse practitioner, nurse |
midwife, or clinical nurse specialist who has been granted |
authority to prescribe by a hospital affiliate in accordance |
with Section 65-45 of the Nurse Practice Act and in accordance |
with Section 303.05 when required by law.
|
(nn-5) "Prescription Information Library" (PIL) means an |
electronic library that contains reported controlled substance |
data. |
(nn-10) "Prescription Monitoring Program" (PMP) means the |
|
entity that collects, tracks, and stores reported data on |
controlled substances and select drugs pursuant to Section 316. |
(oo) "Production" or "produce" means manufacture, |
planting,
cultivating, growing, or harvesting of a controlled |
substance other than methamphetamine.
|
(pp) "Registrant" means every person who is required to |
register
under Section 302 of this Act.
|
(qq) "Registry number" means the number assigned to each |
person
authorized to handle controlled substances under the |
laws of the United
States and of this State.
|
(qq-5) "Secretary" means, as the context requires, either |
the Secretary of the Department or the Secretary of the |
Department of Financial and Professional Regulation, and the |
Secretary's designated agents. |
(rr) "State" includes the State of Illinois and any state, |
district,
commonwealth, territory, insular possession thereof, |
and any area
subject to the legal authority of the United |
States of America.
|
(rr-5) "Stimulant" means any drug that (i) causes an |
overall excitation of central nervous system functions, (ii) |
causes impaired consciousness and awareness, and (iii) can be |
habit-forming or lead to a substance abuse problem, including |
but not limited to amphetamines and their analogs, |
methylphenidate and its analogs, cocaine, and phencyclidine |
and its analogs. |
(ss) "Ultimate user" means a person who lawfully possesses |
|
a
controlled substance for his or her own use or for the use of |
a member of his or her
household or for administering to an |
animal owned by him or her or by a member
of his or her |
household.
|
(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14; |
98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff. |
7-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480, |
eff. 9-9-15; 99-642, eff. 7-28-16.)
|
(720 ILCS 570/303.05)
|
Sec. 303.05. Mid-level practitioner registration.
|
(a) The Department of Financial and Professional |
Regulation shall register licensed
physician assistants, |
licensed advanced practice nurses, and prescribing |
psychologists licensed under Section 4.2 of the Clinical |
Psychologist Licensing Act to prescribe and
dispense |
controlled substances under Section 303 and euthanasia
|
agencies to purchase, store, or administer animal euthanasia |
drugs under the
following circumstances:
|
(1) with respect to physician assistants,
|
(A) the physician assistant has been
delegated
|
written authority to prescribe any Schedule III |
through V controlled substances by a physician |
licensed to practice medicine in all its
branches in |
accordance with Section 7.5 of the Physician Assistant |
Practice Act
of 1987;
and
the physician assistant has
|
|
completed the
appropriate application forms and has |
paid the required fees as set by rule;
or
|
(B) the physician assistant has been delegated
|
authority by a collaborating supervising physician |
licensed to practice medicine in all its branches to |
prescribe or dispense Schedule II controlled |
substances through a written delegation of authority |
and under the following conditions: |
(i) Specific Schedule II controlled substances |
by oral dosage or topical or transdermal |
application may be delegated, provided that the |
delegated Schedule II controlled substances are |
routinely prescribed by the collaborating |
supervising physician. This delegation must |
identify the specific Schedule II controlled |
substances by either brand name or generic name. |
Schedule II controlled substances to be delivered |
by injection or other route of administration may |
not be delegated; |
(ii) any delegation must be of controlled |
substances prescribed by the collaborating |
supervising physician; |
(iii) all prescriptions must be limited to no |
more than a 30-day supply, with any continuation |
authorized only after prior approval of the |
collaborating supervising physician; |
|
(iv) the physician assistant must discuss the |
condition of any patients for whom a controlled |
substance is prescribed monthly with the |
delegating physician; |
(v) the physician assistant must have |
completed the appropriate application forms and |
paid the required fees as set by rule; |
(vi) the physician assistant must provide |
evidence of satisfactory completion of 45 contact |
hours in pharmacology from any physician assistant |
program accredited by the Accreditation Review |
Commission on Education for the Physician |
Assistant (ARC-PA), or its predecessor agency, for |
any new license issued with Schedule II authority |
after the effective date of this amendatory Act of |
the 97th General Assembly; and |
(vii) the physician assistant must annually |
complete at least 5 hours of continuing education |
in pharmacology; |
(2) with respect to advanced practice nurses, |
(A) the advanced practice nurse has been delegated
|
authority to prescribe any Schedule III through V |
controlled substances by a collaborating physician |
licensed to practice medicine in all its branches or a |
collaborating podiatric physician in accordance with |
Section 65-40 of the Nurse Practice
Act. The advanced |
|
practice nurse has completed the
appropriate |
application forms and has paid the required
fees as set |
by rule; or |
(B) the advanced practice nurse has been delegated
|
authority by a collaborating physician licensed to |
practice medicine in all its branches or collaborating |
podiatric physician to prescribe or dispense Schedule |
II controlled substances through a written delegation |
of authority and under the following conditions: |
(i) specific Schedule II controlled substances |
by oral dosage or topical or transdermal |
application may be delegated, provided that the |
delegated Schedule II controlled substances are |
routinely prescribed by the collaborating |
physician or podiatric physician. This delegation |
must identify the specific Schedule II controlled |
substances by either brand name or generic name. |
Schedule II controlled substances to be delivered |
by injection or other route of administration may |
not be delegated; |
(ii) any delegation must be of controlled |
substances prescribed by the collaborating |
physician or podiatric physician; |
(iii) all prescriptions must be limited to no |
more than a 30-day supply, with any continuation |
authorized only after prior approval of the |
|
collaborating physician or podiatric physician; |
(iv) the advanced practice nurse must discuss |
the condition of any patients for whom a controlled |
substance is prescribed monthly with the |
delegating physician or podiatric physician or in |
the course of review as required by Section 65-40 |
of the Nurse Practice Act; |
(v) the advanced practice nurse must have |
completed the appropriate application forms and |
paid the required fees as set by rule; |
(vi) the advanced practice nurse must provide |
evidence of satisfactory completion of at least 45 |
graduate contact hours in pharmacology for any new |
license issued with Schedule II authority after |
the effective date of this amendatory Act of the |
97th General Assembly; and |
(vii) the advanced practice nurse must |
annually complete 5 hours of continuing education |
in pharmacology; |
(2.5) with respect to advanced practice nurses |
certified as nurse practitioners, nurse midwives, or |
clinical nurse specialists practicing in a hospital |
affiliate, |
(A) the advanced practice nurse certified as a |
nurse practitioner, nurse midwife, or clinical nurse |
specialist has been granted authority to prescribe any |
|
Schedule II through V controlled substances by the |
hospital affiliate upon the recommendation of the |
appropriate physician committee of the hospital |
affiliate in accordance with Section 65-45 of the Nurse |
Practice Act, has completed the appropriate |
application forms, and has paid the required fees as |
set by rule; and |
(B) an advanced practice nurse certified as a nurse |
practitioner, nurse midwife, or clinical nurse |
specialist has been granted authority to prescribe any |
Schedule II controlled substances by the hospital |
affiliate upon the recommendation of the appropriate |
physician committee of the hospital affiliate, then |
the following conditions must be met: |
(i) specific Schedule II controlled substances |
by oral dosage or topical or transdermal |
application may be designated, provided that the |
designated Schedule II controlled substances are |
routinely prescribed by advanced practice nurses |
in their area of certification; this grant of |
authority must identify the specific Schedule II |
controlled substances by either brand name or |
generic name; authority to prescribe or dispense |
Schedule II controlled substances to be delivered |
by injection or other route of administration may |
not be granted; |
|
(ii) any grant of authority must be controlled |
substances limited to the practice of the advanced |
practice nurse; |
(iii) any prescription must be limited to no |
more than a 30-day supply; |
(iv) the advanced practice nurse must discuss |
the condition of any patients for whom a controlled |
substance is prescribed monthly with the |
appropriate physician committee of the hospital |
affiliate or its physician designee; and |
(v) the advanced practice nurse must meet the |
education requirements of this Section; |
(3) with respect to animal euthanasia agencies, the |
euthanasia agency has
obtained a license from the |
Department of
Financial and Professional Regulation and |
obtained a registration number from the
Department; or
|
(4) with respect to prescribing psychologists, the |
prescribing psychologist has been delegated
authority to |
prescribe any nonnarcotic Schedule III through V |
controlled substances by a collaborating physician |
licensed to practice medicine in all its branches in |
accordance with Section 4.3 of the Clinical Psychologist |
Licensing Act, and the prescribing psychologist has |
completed the
appropriate application forms and has paid |
the required
fees as set by rule. |
(b) The mid-level practitioner shall only be licensed to |
|
prescribe those
schedules of controlled substances for which a |
licensed physician or licensed podiatric physician has |
delegated
prescriptive authority, except that an animal |
euthanasia agency does not have any
prescriptive authority.
A |
physician assistant and an advanced practice nurse are |
prohibited from prescribing medications and controlled |
substances not set forth in the required written delegation of |
authority.
|
(c) Upon completion of all registration requirements, |
physician
assistants, advanced practice nurses, and animal |
euthanasia agencies may be issued a
mid-level practitioner
|
controlled substances license for Illinois.
|
(d) A collaborating physician or podiatric physician may, |
but is not required to, delegate prescriptive authority to an |
advanced practice nurse as part of a written collaborative |
agreement, and the delegation of prescriptive authority shall |
conform to the requirements of Section 65-40 of the Nurse |
Practice Act. |
(e) A collaborating supervising physician may, but is not |
required to, delegate prescriptive authority to a physician |
assistant as part of a written collaborative supervision |
agreement, and the delegation of prescriptive authority shall |
conform to the requirements of Section 7.5 of the Physician |
Assistant Practice Act of 1987. |
(f) Nothing in this Section shall be construed to prohibit |
generic substitution. |