Rep. Angelo Saviano
Filed: 3/17/2009
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1 | AMENDMENT TO HOUSE BILL 2247
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2 | AMENDMENT NO. ______. Amend House Bill 2247 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Pharmacy Practice Act is amended by | ||||||
5 | changing Section 4 as follows:
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6 | (225 ILCS 85/4) (from Ch. 111, par. 4124)
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7 | (Section scheduled to be repealed on January 1, 2018)
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8 | Sec. 4. Exemptions. Nothing contained in any Section of | ||||||
9 | this Act shall
apply
to, or in any manner interfere with:
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10 | (a) the lawful practice of any physician licensed to | ||||||
11 | practice medicine in
all of its branches, dentist, podiatrist,
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12 | veterinarian, or therapeutically or diagnostically certified | ||||||
13 | optometrist within
the limits of
his or her license, or prevent | ||||||
14 | him or her from
supplying to his
or her
bona fide patients
such | ||||||
15 | drugs, medicines, or poisons as may seem to him appropriate;
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16 | (b) the sale of compressed gases;
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1 | (c) the sale of patent or proprietary medicines and | ||||||
2 | household remedies
when sold in original and unbroken packages | ||||||
3 | only, if such patent or
proprietary medicines and household | ||||||
4 | remedies be properly and adequately
labeled as to content and | ||||||
5 | usage and generally considered and accepted
as harmless and | ||||||
6 | nonpoisonous when used according to the directions
on the | ||||||
7 | label, and also do not contain opium or coca leaves, or any
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8 | compound, salt or derivative thereof, or any drug which, | ||||||
9 | according
to the latest editions of the following authoritative | ||||||
10 | pharmaceutical
treatises and standards, namely, The United | ||||||
11 | States Pharmacopoeia/National
Formulary (USP/NF), the United | ||||||
12 | States Dispensatory, and the Accepted
Dental Remedies of the | ||||||
13 | Council of Dental Therapeutics of the American
Dental | ||||||
14 | Association or any or either of them, in use on the effective
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15 | date of this Act, or according to the existing provisions of | ||||||
16 | the Federal
Food, Drug, and Cosmetic Act and Regulations of the | ||||||
17 | Department of Health
and Human Services, Food and Drug | ||||||
18 | Administration, promulgated thereunder
now in effect, is | ||||||
19 | designated, described or considered as a narcotic,
hypnotic, | ||||||
20 | habit forming, dangerous, or poisonous drug;
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21 | (d) the sale of poultry and livestock remedies in original | ||||||
22 | and unbroken
packages only, labeled for poultry and livestock | ||||||
23 | medication;
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24 | (e) the sale of poisonous substances or mixture of | ||||||
25 | poisonous substances,
in unbroken packages, for nonmedicinal | ||||||
26 | use in the arts or industries
or for insecticide purposes; |
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1 | provided, they are properly and adequately
labeled as to | ||||||
2 | content and such nonmedicinal usage, in conformity
with the | ||||||
3 | provisions of all applicable federal, state and local laws
and | ||||||
4 | regulations promulgated thereunder now in effect relating | ||||||
5 | thereto
and governing the same, and those which are required | ||||||
6 | under such applicable
laws and regulations to be labeled with | ||||||
7 | the word "Poison", are also labeled
with the word "Poison" | ||||||
8 | printed
thereon in prominent type and the name of a readily | ||||||
9 | obtainable antidote
with directions for its administration;
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10 | (f) the delegation of limited prescriptive authority by a | ||||||
11 | physician
licensed to
practice medicine in all its branches to | ||||||
12 | a physician assistant
under Section 7.5 of the Physician | ||||||
13 | Assistant Practice Act of 1987. This
delegated authority under | ||||||
14 | Section 7.5 of the Physician Assistant Practice Act of 1987 | ||||||
15 | may , but is not required to , include prescription of
controlled | ||||||
16 | substances, as defined in Article II of the
Illinois Controlled | ||||||
17 | Substances Act, in accordance with a written supervision | ||||||
18 | agreement guidelines ; and
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19 | (g) The delegation of prescriptive authority by a physician
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20 | licensed to practice medicine in all its branches or a licensed | ||||||
21 | podiatrist to an advanced practice
nurse in accordance with a | ||||||
22 | written collaborative
agreement under Sections Section 65-35 | ||||||
23 | and 65-40 of the Nurse Practice Act. This authority, which is | ||||||
24 | delegated under Section 65-40 of the Nurse Practice Act, may | ||||||
25 | but is not required to
include the prescription of Schedule | ||||||
26 | III, IV, or V controlled substances as
defined
in Article II of |
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1 | the Illinois Controlled Substances Act.
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2 | (Source: P.A. 95-639, eff. 10-5-07 .)
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3 | Section 10. The Physician Assistant Practice Act is amended | ||||||
4 | by changing Sections 4, 7.5, and 21 as follows:
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5 | (225 ILCS 95/4) (from Ch. 111, par. 4604)
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6 | (Section scheduled to be repealed on January 1, 2018)
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7 | Sec. 4. In this Act:
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8 | 1. "Department" means the Department of Financial and
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9 | Professional Regulation.
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10 | 2. "Secretary" means the Secretary
of Financial and | ||||||
11 | Professional Regulation.
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12 | 3. "Physician assistant" means any person not a physician | ||||||
13 | who has been
certified as a physician assistant by the National | ||||||
14 | Commission on the
Certification of Physician Assistants or | ||||||
15 | equivalent successor agency and
performs procedures under the | ||||||
16 | supervision of a physician as defined in this
Act. A physician | ||||||
17 | assistant may perform such procedures within the
specialty of | ||||||
18 | the supervising physician, except that such physician shall
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19 | exercise such direction, supervision and control over such | ||||||
20 | physician
assistants as will assure that patients shall receive | ||||||
21 | quality medical
care. Physician assistants shall be capable of | ||||||
22 | performing a variety of tasks
within the specialty of medical | ||||||
23 | care under the supervision of a physician.
Supervision of the | ||||||
24 | physician assistant shall not be construed to
necessarily |
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1 | require the personal presence of the supervising physician at
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2 | all times at the place where services are rendered, as long as | ||||||
3 | there is
communication available for consultation by radio, | ||||||
4 | telephone or
telecommunications within established guidelines | ||||||
5 | as determined by the
physician/physician assistant team. The | ||||||
6 | supervising physician may delegate
tasks and duties to the | ||||||
7 | physician assistant. Delegated tasks or duties
shall be | ||||||
8 | consistent with physician assistant education, training, and
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9 | experience. The delegated tasks or duties shall be specific to | ||||||
10 | the
practice setting and shall be implemented and reviewed | ||||||
11 | under a written supervision agreement guidelines
established | ||||||
12 | by the physician or physician/physician assistant team. A
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13 | physician assistant, acting as an agent of the physician, shall | ||||||
14 | be
permitted to transmit the supervising physician's orders as | ||||||
15 | determined by
the institution's by-laws, policies, procedures, | ||||||
16 | or job description within
which the physician/physician | ||||||
17 | assistant team practices. Physician
assistants shall practice | ||||||
18 | only in accordance with a written supervision agreement within | ||||||
19 | the established guidelines .
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20 | 4. "Board" means the Medical Licensing Board
constituted | ||||||
21 | under the Medical Practice Act of 1987.
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22 | 5. "Disciplinary Board" means the Medical Disciplinary | ||||||
23 | Board constituted
under the Medical Practice Act of 1987.
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24 | 6. "Physician" means, for purposes of this Act, a person | ||||||
25 | licensed to
practice medicine in all its branches under the | ||||||
26 | Medical Practice Act of 1987.
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1 | 7. "Supervising Physician" means, for the purposes of this | ||||||
2 | Act, the
primary supervising physician of a physician | ||||||
3 | assistant, who, within his
specialty and expertise may delegate | ||||||
4 | a variety of tasks and procedures to
the physician assistant. | ||||||
5 | Such tasks and procedures shall be delegated
in accordance with | ||||||
6 | a written supervision agreement within established guidelines . | ||||||
7 | The supervising physician maintains the
final responsibility | ||||||
8 | for the care of the patient and the performance of the
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9 | physician assistant.
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10 | 8. "Alternate supervising physician" means, for the | ||||||
11 | purpose of this Act,
any physician designated by the | ||||||
12 | supervising physician to provide
supervision in the event that | ||||||
13 | he or she is unable to provide that supervision. The Department | ||||||
14 | may further define "alternate supervising physician" by rule.
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15 | The alternate supervising physicians shall maintain all | ||||||
16 | the same
responsibilities as the supervising physician. | ||||||
17 | Nothing in this Act shall
be construed as relieving any | ||||||
18 | physician of the professional or legal
responsibility for the | ||||||
19 | care and treatment of persons attended by him or by
physician | ||||||
20 | assistants under his supervision. Nothing in this Act shall be
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21 | construed as to limit the reasonable number of alternate | ||||||
22 | supervising
physicians, provided they are designated by the | ||||||
23 | supervising physician. | ||||||
24 | 9. "Address of record" means the designated address | ||||||
25 | recorded by the Department in the applicant's or licensee's | ||||||
26 | application file or license file maintained by the Department's |
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1 | licensure maintenance unit. It is the duty of the applicant or | ||||||
2 | licensee to inform the Department of any change of address, and | ||||||
3 | such changes must be made either through the Department's | ||||||
4 | website or by contacting the Department's licensure | ||||||
5 | maintenance unit.
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6 | (Source: P.A. 95-703, eff. 12-31-07.)
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7 | (225 ILCS 95/7.5)
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8 | (Section scheduled to be repealed on January 1, 2018)
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9 | Sec. 7.5. Prescriptions ; written supervision agreements; | ||||||
10 | prescriptive authority . | ||||||
11 | (a) A written supervision agreement is required for all | ||||||
12 | physician assistants to practice in the State. | ||||||
13 | (1) A written supervision agreement shall describe the | ||||||
14 | working relationship of the physician assistant with the | ||||||
15 | supervising physician and shall authorize the categories | ||||||
16 | of care, treatment, or procedures to be performed by the | ||||||
17 | physician assistant.
The written supervision agreement | ||||||
18 | shall be defined to promote the exercise of professional | ||||||
19 | judgment by the physician assistant commensurate with his | ||||||
20 | or her education and experience. The services to be | ||||||
21 | provided by the physician assistant shall be services that | ||||||
22 | the supervising physician is authorized to and generally | ||||||
23 | provides to his or her patients in the normal course of his | ||||||
24 | or her clinical medical practice. The written supervision | ||||||
25 | agreement need not describe the exact steps that a |
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1 | physician assistant must take with respect to each specific | ||||||
2 | condition, disease, or symptom but must specify which | ||||||
3 | authorized procedures require the presence of the | ||||||
4 | supervising physician as the procedures are being | ||||||
5 | performed. The supervision relationship under a written | ||||||
6 | supervision agreement shall not be construed to require the | ||||||
7 | personal presence of a physician at all times at the place | ||||||
8 | where services are rendered. Methods of communication | ||||||
9 | shall be available for consultation with the supervising | ||||||
10 | physician in person or by telecommunications in accordance | ||||||
11 | with established written guidelines as set forth in the | ||||||
12 | written supervision agreement. | ||||||
13 | (2) The written supervision agreement shall be | ||||||
14 | adequate if a physician does each of the following: | ||||||
15 | (A) Participates in the joint formulation and | ||||||
16 | joint approval of orders or guidelines with the | ||||||
17 | physician assistant and he or she periodically reviews | ||||||
18 | such orders and the services provided patients under | ||||||
19 | such orders in accordance with accepted standards of | ||||||
20 | medical practice and physician assistant practice. | ||||||
21 | (B) Meets in person with the physician assistant at | ||||||
22 | least once a month to provide supervision. | ||||||
23 | (3) A copy of the signed, written supervision agreement | ||||||
24 | must be available to the Department upon request from both | ||||||
25 | the physician assistant and the supervising physician. | ||||||
26 | (4) A physician assistant shall inform each |
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1 | supervising physician of all written supervision | ||||||
2 | agreements he or she has signed and provide a copy of these | ||||||
3 | to any supervising physician upon request. | ||||||
4 | (b) A supervising physician may, but is not required to, | ||||||
5 | delegate prescriptive authority to a physician assistant as | ||||||
6 | part of a written supervision agreement. This authority may, | ||||||
7 | but is not required to, include prescription of, selection of, | ||||||
8 | orders for, administration of, storage of, acceptance of | ||||||
9 | samples of, and dispensing over the counter medications, legend | ||||||
10 | drugs, medical gases, and controlled substances categorized as | ||||||
11 | Schedule III through V controlled substances, as defined in | ||||||
12 | Article II of the Illinois Controlled Substances Act, and other | ||||||
13 | preparations, including, but not limited to, botanical and | ||||||
14 | herbal remedies. The supervising physician must have a valid, | ||||||
15 | current Illinois controlled substance license and federal | ||||||
16 | registration with the Drug Enforcement Agency to delegate the | ||||||
17 | authority to prescribe controlled substances. A supervising | ||||||
18 | physician may delegate
limited prescriptive authority to a | ||||||
19 | physician assistant.
This authority may, but is not required | ||||||
20 | to, include prescription and
dispensing of legend
drugs and | ||||||
21 | legend controlled substances categorized as Schedule III, IV, | ||||||
22 | or V
controlled substances, as defined in Article II of the | ||||||
23 | Illinois Controlled
Substances Act, as delegated in the written | ||||||
24 | guidelines required by this
Act. | ||||||
25 | (1) To prescribe Schedule III, IV, or V controlled | ||||||
26 | substances under this
Section, a physician assistant must |
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1 | obtain a mid-level practitioner
controlled substances | ||||||
2 | license. Medication orders issued by a
physician
assistant | ||||||
3 | shall be reviewed
periodically by the supervising | ||||||
4 | physician. | ||||||
5 | (2) The supervising physician shall file
with the | ||||||
6 | Department notice of delegation of prescriptive authority | ||||||
7 | to a
physician assistant and
termination of delegation, | ||||||
8 | specifying the authority delegated or terminated.
Upon | ||||||
9 | receipt of this notice delegating authority to prescribe | ||||||
10 | Schedule III,
IV, or V controlled substances, the physician | ||||||
11 | assistant shall be eligible to
register for a mid-level | ||||||
12 | practitioner controlled substances license under
Section | ||||||
13 | 303.05 of the Illinois Controlled Substances Act.
Nothing | ||||||
14 | in this Act shall be construed to limit the delegation of | ||||||
15 | tasks or
duties by the supervising physician to a nurse or | ||||||
16 | other appropriately trained
personnel.
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17 | (3) In addition to the requirements of subsection (b) | ||||||
18 | of this Section, a supervising physician may, but is not | ||||||
19 | required to, delegate authority to a physician assistant to | ||||||
20 | prescribe Schedule II controlled substances, if all of the | ||||||
21 | following conditions apply: | ||||||
22 | (A) No more than 5 Schedule II controlled | ||||||
23 | substances by oral dosage may be delegated. | ||||||
24 | (B) Any delegation must be controlled substances | ||||||
25 | that the supervising physician prescribes. | ||||||
26 | (C) Any prescription must be limited to no more |
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1 | than a 30-day oral dosage, with any continuation | ||||||
2 | authorized only after prior approval of the | ||||||
3 | supervising physician. | ||||||
4 | (c) Nothing in this Act shall be construed to limit the | ||||||
5 | delegation of tasks or duties by a physician to a licensed | ||||||
6 | practical nurse, a registered professional nurse, or other | ||||||
7 | persons. The Department shall establish by rule the minimum | ||||||
8 | requirements for
written guidelines to be followed under this | ||||||
9 | Section.
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10 | (Source: P.A. 90-116, eff. 7-14-97; 90-818, eff. 3-23-99 .)
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11 | (225 ILCS 95/21) (from Ch. 111, par. 4621)
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12 | (Section scheduled to be repealed on January 1, 2018)
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13 | Sec. 21. Grounds for disciplinary action.
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14 | (a) The Department may refuse to issue or to renew, or may
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15 | revoke, suspend, place on probation, censure or reprimand, or | ||||||
16 | take other
disciplinary or non-disciplinary action with regard | ||||||
17 | to any license issued under this Act as the
Department may deem | ||||||
18 | proper, including the issuance of fines not to exceed
$10,000
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19 | for each violation, for any one or combination of the following | ||||||
20 | causes:
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21 | (1) Material misstatement in furnishing information to | ||||||
22 | the Department.
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23 | (2) Violations of this Act, or the rules adopted under | ||||||
24 | this Act.
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25 | (3) Conviction of or entry of a plea of guilty or nolo |
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1 | contendere to any crime that is a felony under the laws of | ||||||
2 | the United States or any state or territory thereof
or that | ||||||
3 | is a misdemeanor
of which an essential element is
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4 | dishonesty or
that
is directly related to the practice of | ||||||
5 | the
profession.
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6 | (4) Making any misrepresentation for the purpose of | ||||||
7 | obtaining licenses.
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8 | (5) Professional incompetence.
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9 | (6) Aiding or assisting another person in violating any | ||||||
10 | provision of this
Act or its rules.
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11 | (7) Failing, within 60 days, to provide information in | ||||||
12 | response to a
written request made by the Department.
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13 | (8) Engaging in dishonorable, unethical, or | ||||||
14 | unprofessional conduct, as
defined by rule, of a character | ||||||
15 | likely to deceive, defraud, or harm the public.
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16 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
17 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
18 | that results in a physician
assistant's inability to | ||||||
19 | practice with reasonable judgment, skill, or safety.
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20 | (10) Discipline by another U.S. jurisdiction or | ||||||
21 | foreign nation, if at
least one of the grounds for | ||||||
22 | discipline is the same or substantially equivalent
to those | ||||||
23 | set forth in this Section.
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24 | (11) Directly or indirectly giving to or receiving from | ||||||
25 | any person, firm,
corporation, partnership, or association | ||||||
26 | any fee, commission, rebate or
other form of compensation |
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1 | for any professional services not actually or
personally | ||||||
2 | rendered.
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3 | (12) A finding by the Disciplinary Board that the | ||||||
4 | licensee, after having
his or her license placed on | ||||||
5 | probationary status has violated the terms of
probation.
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6 | (13) Abandonment of a patient.
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7 | (14) Willfully making or filing false records or | ||||||
8 | reports in his or her
practice, including but not limited | ||||||
9 | to false records filed with state agencies
or departments.
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10 | (15) Willfully failing to report an instance of | ||||||
11 | suspected child abuse or
neglect as required by the Abused | ||||||
12 | and Neglected Child Reporting Act.
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13 | (16) Physical illness, or mental illness or impairment
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14 | that results in the inability to practice the profession | ||||||
15 | with
reasonable judgment, skill, or safety, including, but | ||||||
16 | not limited to, deterioration through the aging process or | ||||||
17 | loss of motor skill.
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18 | (17) Being named as a perpetrator in an indicated | ||||||
19 | report by the
Department of Children and Family Services | ||||||
20 | under the Abused and
Neglected Child Reporting Act, and | ||||||
21 | upon proof by clear and convincing evidence
that the | ||||||
22 | licensee has caused a child to be an abused child or | ||||||
23 | neglected child
as defined in the Abused and Neglected | ||||||
24 | Child Reporting Act.
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25 | (18) (Blank).
| ||||||
26 | (19) Gross negligence
resulting in permanent injury or |
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1 | death
of a patient.
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2 | (20) Employment of fraud, deception or any unlawful | ||||||
3 | means in applying for
or securing a license as a physician | ||||||
4 | assistant.
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5 | (21) Exceeding the authority delegated to him or her by | ||||||
6 | his or her
supervising physician in a written supervision | ||||||
7 | agreement guidelines established by the | ||||||
8 | physician/physician
assistant
team .
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9 | (22) Immoral conduct in the commission of any act, such | ||||||
10 | as sexual abuse,
sexual misconduct or sexual exploitation | ||||||
11 | related to the licensee's practice.
| ||||||
12 | (23) Violation of the Health Care Worker Self-Referral | ||||||
13 | Act.
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14 | (24) Practicing under a false or assumed name, except | ||||||
15 | as provided by law.
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16 | (25) Making a false or misleading statement regarding | ||||||
17 | his or her skill or
the efficacy or value of the medicine, | ||||||
18 | treatment, or remedy prescribed by him
or her in the course | ||||||
19 | of treatment.
| ||||||
20 | (26) Allowing another person to use his or her license | ||||||
21 | to practice.
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22 | (27) Prescribing, selling, administering, | ||||||
23 | distributing, giving, or
self-administering a drug | ||||||
24 | classified as a controlled substance (designated
product) | ||||||
25 | or narcotic for other than medically-accepted therapeutic | ||||||
26 | purposes.
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1 | (28) Promotion of the sale of drugs, devices, | ||||||
2 | appliances, or goods
provided for a patient in a manner to | ||||||
3 | exploit the patient for financial gain.
| ||||||
4 | (29) A pattern of practice or other behavior that | ||||||
5 | demonstrates incapacity
or incompetence to practice under | ||||||
6 | this Act.
| ||||||
7 | (30) Violating State or federal laws or regulations | ||||||
8 | relating to controlled
substances or other legend drugs.
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9 | (31) Exceeding the limited prescriptive authority | ||||||
10 | delegated by the
supervising physician or violating the | ||||||
11 | written supervision agreement guidelines delegating that
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12 | authority.
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13 | (32) Practicing without providing to the Department a | ||||||
14 | notice of
supervision or delegation of
prescriptive | ||||||
15 | authority.
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16 | (b) The Department may, without a hearing, refuse to issue | ||||||
17 | or renew or may suspend the license of any
person who fails to | ||||||
18 | file a return, or to pay the tax, penalty or interest
shown in | ||||||
19 | a filed return, or to pay any final assessment of the tax,
| ||||||
20 | penalty, or interest as required by any tax Act administered by | ||||||
21 | the
Illinois Department of Revenue, until such time as the | ||||||
22 | requirements of any
such tax Act are satisfied.
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23 | (c) The determination by a circuit court that a licensee is | ||||||
24 | subject to
involuntary admission or judicial admission as | ||||||
25 | provided in the Mental Health
and Developmental Disabilities | ||||||
26 | Code operates as an automatic suspension.
The
suspension will |
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1 | end only upon a finding by a court that the patient is no
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2 | longer subject to involuntary admission or judicial admission | ||||||
3 | and issues an
order so finding and discharging the patient, and | ||||||
4 | upon the
recommendation of
the Disciplinary Board to the | ||||||
5 | Secretary
that the licensee be allowed to resume
his or her | ||||||
6 | practice.
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7 | (d) In enforcing this Section, the Department upon a | ||||||
8 | showing of a
possible
violation may compel an individual | ||||||
9 | licensed to practice under this Act, or
who has applied for | ||||||
10 | licensure under this Act, to submit
to a mental or physical | ||||||
11 | examination, or both, as required by and at the expense
of the | ||||||
12 | Department. The Department may order the examining physician to
| ||||||
13 | present
testimony concerning the mental or physical | ||||||
14 | examination of the licensee or
applicant. No information shall | ||||||
15 | be excluded by reason of any common law or
statutory privilege | ||||||
16 | relating to communications between the licensee or
applicant | ||||||
17 | and the examining physician. The examining
physicians
shall be | ||||||
18 | specifically designated by the Department.
The individual to be | ||||||
19 | examined may have, at his or her own expense, another
physician | ||||||
20 | of his or her choice present during all
aspects of this | ||||||
21 | examination. Failure of an individual to submit to a mental
or
| ||||||
22 | physical examination, when directed, shall be grounds for | ||||||
23 | suspension of his or
her
license until the individual submits | ||||||
24 | to the examination if the Department
finds,
after notice and | ||||||
25 | hearing, that the refusal to submit to the examination was
| ||||||
26 | without reasonable cause.
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1 | If the Department finds an individual unable to practice | ||||||
2 | because of
the
reasons
set forth in this Section, the | ||||||
3 | Department may require that individual
to submit
to
care, | ||||||
4 | counseling, or treatment by physicians approved
or designated | ||||||
5 | by the Department, as a condition, term, or restriction
for | ||||||
6 | continued,
reinstated, or
renewed licensure to practice; or, in | ||||||
7 | lieu of care, counseling, or treatment,
the Department may file
| ||||||
8 | a complaint to immediately
suspend, revoke, or otherwise | ||||||
9 | discipline the license of the individual.
An individual whose
| ||||||
10 | license was granted, continued, reinstated, renewed, | ||||||
11 | disciplined, or supervised
subject to such terms, conditions, | ||||||
12 | or restrictions, and who fails to comply
with
such terms, | ||||||
13 | conditions, or restrictions, shall be referred to the Secretary
| ||||||
14 | for
a
determination as to whether the individual shall have his | ||||||
15 | or her license
suspended immediately, pending a hearing by the | ||||||
16 | Department.
| ||||||
17 | In instances in which the Secretary
immediately suspends a | ||||||
18 | person's license
under this Section, a hearing on that person's | ||||||
19 | license must be convened by
the Department within 30
days after | ||||||
20 | the suspension and completed without
appreciable
delay.
The | ||||||
21 | Department shall have the authority to review the subject
| ||||||
22 | individual's record of
treatment and counseling regarding the | ||||||
23 | impairment to the extent permitted by
applicable federal | ||||||
24 | statutes and regulations safeguarding the confidentiality of
| ||||||
25 | medical records.
| ||||||
26 | An individual licensed under this Act and affected under |
| |||||||
| |||||||
1 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
2 | the Department that he or
she can resume
practice in compliance | ||||||
3 | with acceptable and prevailing standards under the
provisions | ||||||
4 | of his or her license.
| ||||||
5 | (Source: P.A. 95-703, eff. 12-31-07.)
| ||||||
6 | Section 15. The Illinois Controlled Substances Act is | ||||||
7 | amended by changing Sections 102 and 303.05 as follows: | ||||||
8 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
9 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
10 | context
otherwise requires:
| ||||||
11 | (a) "Addict" means any person who habitually uses any drug, | ||||||
12 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
13 | to endanger the public
morals, health, safety or welfare or who | ||||||
14 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
15 | substance other than alcohol as to have lost
the power of self | ||||||
16 | control with reference to his addiction.
| ||||||
17 | (b) "Administer" means the direct application of a | ||||||
18 | controlled
substance, whether by injection, inhalation, | ||||||
19 | ingestion, or any other
means, to the body of a patient, | ||||||
20 | research subject, or animal (as
defined by the Humane | ||||||
21 | Euthanasia in Animal Shelters Act) by:
| ||||||
22 | (1) a practitioner (or, in his presence, by his | ||||||
23 | authorized agent),
| ||||||
24 | (2) the patient or research subject at the lawful |
| |||||||
| |||||||
1 | direction of the
practitioner, or
| ||||||
2 | (3) a euthanasia technician as defined by the Humane | ||||||
3 | Euthanasia in
Animal Shelters Act.
| ||||||
4 | (c) "Agent" means an authorized person who acts on behalf | ||||||
5 | of or at
the direction of a manufacturer, distributor, or | ||||||
6 | dispenser. It does not
include a common or contract carrier, | ||||||
7 | public warehouseman or employee of
the carrier or warehouseman.
| ||||||
8 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
9 | substance,
chemically and pharmacologically related to | ||||||
10 | testosterone (other than
estrogens, progestins, and | ||||||
11 | corticosteroids) that promotes muscle growth,
and includes:
| ||||||
12 | (i) boldenone,
| ||||||
13 | (ii) chlorotestosterone,
| ||||||
14 | (iii) chostebol,
| ||||||
15 | (iv) dehydrochlormethyltestosterone,
| ||||||
16 | (v) dihydrotestosterone,
| ||||||
17 | (vi) drostanolone,
| ||||||
18 | (vii) ethylestrenol,
| ||||||
19 | (viii) fluoxymesterone,
| ||||||
20 | (ix) formebulone,
| ||||||
21 | (x) mesterolone,
| ||||||
22 | (xi) methandienone,
| ||||||
23 | (xii) methandranone,
| ||||||
24 | (xiii) methandriol,
| ||||||
25 | (xiv) methandrostenolone,
| ||||||
26 | (xv) methenolone,
|
| |||||||
| |||||||
1 | (xvi) methyltestosterone,
| ||||||
2 | (xvii) mibolerone,
| ||||||
3 | (xviii) nandrolone,
| ||||||
4 | (xix) norethandrolone,
| ||||||
5 | (xx) oxandrolone,
| ||||||
6 | (xxi) oxymesterone,
| ||||||
7 | (xxii) oxymetholone,
| ||||||
8 | (xxiii) stanolone,
| ||||||
9 | (xxiv) stanozolol,
| ||||||
10 | (xxv) testolactone,
| ||||||
11 | (xxvi) testosterone,
| ||||||
12 | (xxvii) trenbolone, and
| ||||||
13 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
14 | substance described
or listed in this paragraph, if | ||||||
15 | that salt, ester, or isomer promotes muscle
growth.
| ||||||
16 | Any person who is otherwise lawfully in possession of an | ||||||
17 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
18 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
19 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
20 | expressly intended for and lawfully allowed to be
administered | ||||||
21 | through implants to livestock or other nonhuman species, and
| ||||||
22 | which is approved by the Secretary of Health and Human Services | ||||||
23 | for such
administration, and which the person intends to | ||||||
24 | administer or have
administered through such implants, shall | ||||||
25 | not be considered to be in
unauthorized possession or to | ||||||
26 | unlawfully manufacture, distribute, dispense,
deliver, or |
| |||||||
| |||||||
1 | possess with intent to deliver such anabolic steroid for
| ||||||
2 | purposes of this Act.
| ||||||
3 | (d) "Administration" means the Drug Enforcement | ||||||
4 | Administration,
United States Department of Justice, or its | ||||||
5 | successor agency.
| ||||||
6 | (e) "Control" means to add a drug or other substance, or | ||||||
7 | immediate
precursor, to a Schedule under Article II of this Act | ||||||
8 | whether by
transfer from another Schedule or otherwise.
| ||||||
9 | (f) "Controlled Substance" means a drug, substance, or | ||||||
10 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
11 | (g) "Counterfeit substance" means a controlled substance, | ||||||
12 | which, or
the container or labeling of which, without | ||||||
13 | authorization bears the
trademark, trade name, or other | ||||||
14 | identifying mark, imprint, number or
device, or any likeness | ||||||
15 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
16 | than the person who in fact manufactured, distributed,
or | ||||||
17 | dispensed the substance.
| ||||||
18 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
19 | or
attempted transfer of possession of a controlled substance, | ||||||
20 | with or
without consideration, whether or not there is an | ||||||
21 | agency relationship.
| ||||||
22 | (i) "Department" means the Illinois Department of Human | ||||||
23 | Services (as
successor to the Department of Alcoholism and | ||||||
24 | Substance Abuse) or its successor agency.
| ||||||
25 | (j) "Department of State Police" means the Department of | ||||||
26 | State
Police of the State of Illinois or its successor agency.
|
| |||||||
| |||||||
1 | (k) "Department of Corrections" means the Department of | ||||||
2 | Corrections
of the State of Illinois or its successor agency.
| ||||||
3 | (l) "Department of Professional Regulation" means the | ||||||
4 | Department
of Professional Regulation of the State of Illinois | ||||||
5 | or its successor agency.
| ||||||
6 | (m) "Depressant" or "stimulant substance" means:
| ||||||
7 | (1) a drug which contains any quantity of (i) | ||||||
8 | barbituric acid or
any of the salts of barbituric acid | ||||||
9 | which has been designated as habit
forming under section | ||||||
10 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
11 | U.S.C. 352 (d)); or
| ||||||
12 | (2) a drug which contains any quantity of (i) | ||||||
13 | amphetamine or
methamphetamine and any of their optical | ||||||
14 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
15 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
16 | substance which the Department, after
investigation, has | ||||||
17 | found to be, and by rule designated as, habit forming
| ||||||
18 | because of its depressant or stimulant effect on the | ||||||
19 | central nervous
system; or
| ||||||
20 | (3) lysergic acid diethylamide; or
| ||||||
21 | (4) any drug which contains any quantity of a substance | ||||||
22 | which the
Department, after investigation, has found to | ||||||
23 | have, and by rule
designated as having, a potential for | ||||||
24 | abuse because of its depressant or
stimulant effect on the | ||||||
25 | central nervous system or its hallucinogenic
effect.
| ||||||
26 | (n) (Blank).
|
| |||||||
| |||||||
1 | (o) "Director" means the Director of the Department of | ||||||
2 | State Police or
the Department of Professional Regulation or | ||||||
3 | his designated agents.
| ||||||
4 | (p) "Dispense" means to deliver a controlled substance to | ||||||
5 | an
ultimate user or research subject by or pursuant to the | ||||||
6 | lawful order of
a prescriber, including the prescribing, | ||||||
7 | administering, packaging,
labeling, or compounding necessary | ||||||
8 | to prepare the substance for that
delivery.
| ||||||
9 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
10 | (r) "Distribute" means to deliver, other than by | ||||||
11 | administering or
dispensing, a controlled substance.
| ||||||
12 | (s) "Distributor" means a person who distributes.
| ||||||
13 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
14 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
15 | Pharmacopoeia of the
United States, or official National | ||||||
16 | Formulary, or any supplement to any
of them; (2) substances | ||||||
17 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
18 | prevention of disease in man or animals; (3) substances
(other | ||||||
19 | than food) intended to affect the structure of any function of
| ||||||
20 | the body of man or animals and (4) substances intended for use | ||||||
21 | as a
component of any article specified in clause (1), (2), or | ||||||
22 | (3) of this
subsection. It does not include devices or their | ||||||
23 | components, parts, or
accessories.
| ||||||
24 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
25 | Department of Professional Regulation for the
purpose of animal | ||||||
26 | euthanasia that holds an animal control facility license or
|
| |||||||
| |||||||
1 | animal
shelter license under the Animal Welfare Act. A | ||||||
2 | euthanasia agency is
authorized to purchase, store, possess, | ||||||
3 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
4 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
5 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
6 | substances
(nonnarcotic controlled substances) that are used | ||||||
7 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
8 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
9 | controlled
substance by a practitioner in the regular course of | ||||||
10 | professional
treatment to or for any person who is under his | ||||||
11 | treatment for a
pathology or condition other than that | ||||||
12 | individual's physical or
psychological dependence upon or | ||||||
13 | addiction to a controlled substance,
except as provided herein: | ||||||
14 | and application of the term to a pharmacist
shall mean the | ||||||
15 | dispensing of a controlled substance pursuant to the
| ||||||
16 | prescriber's order which in the professional judgment of the | ||||||
17 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
18 | accepted professional
standards including, but not limited to | ||||||
19 | the following, in making the
judgment:
| ||||||
20 | (1) lack of consistency of doctor-patient | ||||||
21 | relationship,
| ||||||
22 | (2) frequency of prescriptions for same drug by one | ||||||
23 | prescriber for
large numbers of patients,
| ||||||
24 | (3) quantities beyond those normally prescribed,
| ||||||
25 | (4) unusual dosages,
| ||||||
26 | (5) unusual geographic distances between patient, |
| |||||||
| |||||||
1 | pharmacist and
prescriber,
| ||||||
2 | (6) consistent prescribing of habit-forming drugs.
| ||||||
3 | (u-1) "Home infusion services" means services provided by a | ||||||
4 | pharmacy in
compounding solutions for direct administration to | ||||||
5 | a patient in a private
residence, long-term care facility, or | ||||||
6 | hospice setting by means of parenteral,
intravenous, | ||||||
7 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
8 | (v) "Immediate precursor" means a substance:
| ||||||
9 | (1) which the Department has found to be and by rule | ||||||
10 | designated as
being a principal compound used, or produced | ||||||
11 | primarily for use, in the
manufacture of a controlled | ||||||
12 | substance;
| ||||||
13 | (2) which is an immediate chemical intermediary used or | ||||||
14 | likely to
be used in the manufacture of such controlled | ||||||
15 | substance; and
| ||||||
16 | (3) the control of which is necessary to prevent, | ||||||
17 | curtail or limit
the manufacture of such controlled | ||||||
18 | substance.
| ||||||
19 | (w) "Instructional activities" means the acts of teaching, | ||||||
20 | educating
or instructing by practitioners using controlled | ||||||
21 | substances within
educational facilities approved by the State | ||||||
22 | Board of Education or
its successor agency.
| ||||||
23 | (x) "Local authorities" means a duly organized State, | ||||||
24 | County or
Municipal peace unit or police force.
| ||||||
25 | (y) "Look-alike substance" means a substance, other than a | ||||||
26 | controlled
substance which (1) by overall dosage unit |
| |||||||
| |||||||
1 | appearance, including shape,
color, size, markings or lack | ||||||
2 | thereof, taste, consistency, or any other
identifying physical | ||||||
3 | characteristic of the substance, would lead a reasonable
person | ||||||
4 | to believe that the substance is a controlled substance, or (2) | ||||||
5 | is
expressly or impliedly represented to be a controlled | ||||||
6 | substance or is
distributed under circumstances which would | ||||||
7 | lead a reasonable person to
believe that the substance is a | ||||||
8 | controlled substance. For the purpose of
determining whether | ||||||
9 | the representations made or the circumstances of the
| ||||||
10 | distribution would lead a reasonable person to believe the | ||||||
11 | substance to be
a controlled substance under this clause (2) of | ||||||
12 | subsection (y), the court or
other authority may consider the | ||||||
13 | following factors in addition to any other
factor that may be | ||||||
14 | relevant:
| ||||||
15 | (a) statements made by the owner or person in control | ||||||
16 | of the substance
concerning its nature, use or effect;
| ||||||
17 | (b) statements made to the buyer or recipient that the | ||||||
18 | substance may
be resold for profit;
| ||||||
19 | (c) whether the substance is packaged in a manner | ||||||
20 | normally used for the
illegal distribution of controlled | ||||||
21 | substances;
| ||||||
22 | (d) whether the distribution or attempted distribution | ||||||
23 | included an
exchange of or demand for money or other | ||||||
24 | property as consideration, and
whether the amount of the | ||||||
25 | consideration was substantially greater than the
| ||||||
26 | reasonable retail market value of the substance.
|
| |||||||
| |||||||
1 | Clause (1) of this subsection (y) shall not apply to a | ||||||
2 | noncontrolled
substance in its finished dosage form that was | ||||||
3 | initially introduced into
commerce prior to the initial | ||||||
4 | introduction into commerce of a controlled
substance in its | ||||||
5 | finished dosage form which it may substantially resemble.
| ||||||
6 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
7 | distributing
of noncontrolled substances by persons authorized | ||||||
8 | to dispense and
distribute controlled substances under this | ||||||
9 | Act, provided that such action
would be deemed to be carried | ||||||
10 | out in good faith under subsection (u) if the
substances | ||||||
11 | involved were controlled substances.
| ||||||
12 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
13 | manufacture,
preparation, propagation, compounding, | ||||||
14 | processing, packaging, advertising
or distribution of a drug or | ||||||
15 | drugs by any person registered pursuant to
Section 510 of the | ||||||
16 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
17 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
18 | located in a state
of the United States, other than Illinois, | ||||||
19 | that delivers, dispenses or
distributes, through the United | ||||||
20 | States Postal Service or other common
carrier, to Illinois | ||||||
21 | residents, any substance which requires a prescription.
| ||||||
22 | (z) "Manufacture" means the production, preparation, | ||||||
23 | propagation,
compounding, conversion or processing of a | ||||||
24 | controlled substance other than methamphetamine, either
| ||||||
25 | directly or indirectly, by extraction from substances of | ||||||
26 | natural origin,
or independently by means of chemical |
| |||||||
| |||||||
1 | synthesis, or by a combination of
extraction and chemical | ||||||
2 | synthesis, and includes any packaging or
repackaging of the | ||||||
3 | substance or labeling of its container, except that
this term | ||||||
4 | does not include:
| ||||||
5 | (1) by an ultimate user, the preparation or compounding | ||||||
6 | of a
controlled substance for his own use; or
| ||||||
7 | (2) by a practitioner, or his authorized agent under | ||||||
8 | his
supervision, the preparation, compounding, packaging, | ||||||
9 | or labeling of a
controlled substance:
| ||||||
10 | (a) as an incident to his administering or | ||||||
11 | dispensing of a
controlled substance in the course of | ||||||
12 | his professional practice; or
| ||||||
13 | (b) as an incident to lawful research, teaching or | ||||||
14 | chemical
analysis and not for sale.
| ||||||
15 | (z-1) (Blank).
| ||||||
16 | (aa) "Narcotic drug" means any of the following, whether | ||||||
17 | produced
directly or indirectly by extraction from substances | ||||||
18 | of natural origin,
or independently by means of chemical | ||||||
19 | synthesis, or by a combination of
extraction and chemical | ||||||
20 | synthesis:
| ||||||
21 | (1) opium and opiate, and any salt, compound, | ||||||
22 | derivative, or
preparation of opium or opiate;
| ||||||
23 | (2) any salt, compound, isomer, derivative, or | ||||||
24 | preparation thereof
which is chemically equivalent or | ||||||
25 | identical with any of the substances
referred to in clause | ||||||
26 | (1), but not including the isoquinoline alkaloids
of opium;
|
| |||||||
| |||||||
1 | (3) opium poppy and poppy straw;
| ||||||
2 | (4) coca leaves and any salts, compound, isomer, salt | ||||||
3 | of an isomer,
derivative, or preparation of coca leaves | ||||||
4 | including cocaine or ecgonine,
and any salt, compound, | ||||||
5 | isomer, derivative, or preparation thereof which is
| ||||||
6 | chemically equivalent or identical with any of these | ||||||
7 | substances, but not
including decocainized coca leaves or | ||||||
8 | extractions of coca leaves which do
not contain cocaine or | ||||||
9 | ecgonine (for the purpose of this paragraph, the
term | ||||||
10 | "isomer" includes optical, positional and geometric | ||||||
11 | isomers).
| ||||||
12 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
13 | Nurse Practice Act.
| ||||||
14 | (cc) (Blank).
| ||||||
15 | (dd) "Opiate" means any substance having an addiction | ||||||
16 | forming or
addiction sustaining liability similar to morphine | ||||||
17 | or being capable of
conversion into a drug having addiction | ||||||
18 | forming or addiction sustaining
liability.
| ||||||
19 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
20 | somniferum L., except its seeds.
| ||||||
21 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
22 | Board of
the State of Illinois or its successor agency.
| ||||||
23 | (gg) "Person" means any individual, corporation, | ||||||
24 | mail-order pharmacy,
government or governmental subdivision or | ||||||
25 | agency, business trust, estate,
trust, partnership or | ||||||
26 | association, or any other entity.
|
| |||||||
| |||||||
1 | (hh) "Pharmacist" means any person who holds a license or | ||||||
2 | certificate of
registration as a registered pharmacist, a local | ||||||
3 | registered pharmacist
or a registered assistant pharmacist | ||||||
4 | under the Pharmacy Practice Act.
| ||||||
5 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
6 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
7 | Practice Act.
| ||||||
8 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
9 | the opium
poppy, after mowing.
| ||||||
10 | (kk) "Practitioner" means a physician licensed to practice | ||||||
11 | medicine in all
its branches, dentist, optometrist, | ||||||
12 | podiatrist,
veterinarian, scientific investigator, pharmacist, | ||||||
13 | physician assistant,
advanced practice nurse,
licensed | ||||||
14 | practical
nurse, registered nurse, hospital, laboratory, or | ||||||
15 | pharmacy, or other
person licensed, registered, or otherwise | ||||||
16 | lawfully permitted by the
United States or this State to | ||||||
17 | distribute, dispense, conduct research
with respect to, | ||||||
18 | administer or use in teaching or chemical analysis, a
| ||||||
19 | controlled substance in the course of professional practice or | ||||||
20 | research.
| ||||||
21 | (ll) "Pre-printed prescription" means a written | ||||||
22 | prescription upon which
the designated drug has been indicated | ||||||
23 | prior to the time of issuance.
| ||||||
24 | (mm) "Prescriber" means a physician licensed to practice | ||||||
25 | medicine in all
its branches, dentist, optometrist, podiatrist | ||||||
26 | or
veterinarian who issues a prescription, a physician |
| |||||||
| |||||||
1 | assistant who
issues a
prescription for a Schedule III, IV, or | ||||||
2 | V controlled substance
in accordance
with Section 303.05 , a | ||||||
3 | written delegation, and a the written supervision agreement | ||||||
4 | guidelines required under Section 7.5
of the
Physician | ||||||
5 | Assistant Practice Act of 1987, or an advanced practice
nurse | ||||||
6 | with prescriptive authority delegated under Section 65-40 of | ||||||
7 | the Nurse Practice Act and in accordance with Section 303.05 , a | ||||||
8 | written delegation,
and a written
collaborative agreement | ||||||
9 | under Section 65-35 of the Nurse Practice Act.
| ||||||
10 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
11 | verbal order
of
a physician licensed to practice medicine in | ||||||
12 | all its branches,
dentist, podiatrist or veterinarian for any | ||||||
13 | controlled
substance, of an optometrist for a Schedule III, IV, | ||||||
14 | or V controlled substance in accordance with Section 15.1 of | ||||||
15 | the Illinois Optometric Practice Act of 1987, of a physician | ||||||
16 | assistant for a Schedule III, IV, or V
controlled substance
in | ||||||
17 | accordance with Section 303.05 , a written delegation, and a the | ||||||
18 | written supervision agreement guidelines required under
| ||||||
19 | Section 7.5 of the
Physician Assistant Practice Act of 1987, or | ||||||
20 | of an advanced practice
nurse with prescriptive authority | ||||||
21 | delegated under Section 65-40 of the Nurse Practice Act who | ||||||
22 | issues a prescription for a Schedule III, IV, or V
controlled | ||||||
23 | substance in accordance
with
Section 303.05 , a written | ||||||
24 | delegation, and a written collaborative agreement under | ||||||
25 | Section 65-35 of the Nurse Practice Act.
| ||||||
26 | (oo) "Production" or "produce" means manufacture, |
| |||||||
| |||||||
1 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
2 | substance other than methamphetamine.
| ||||||
3 | (pp) "Registrant" means every person who is required to | ||||||
4 | register
under Section 302 of this Act.
| ||||||
5 | (qq) "Registry number" means the number assigned to each | ||||||
6 | person
authorized to handle controlled substances under the | ||||||
7 | laws of the United
States and of this State.
| ||||||
8 | (rr) "State" includes the State of Illinois and any state, | ||||||
9 | district,
commonwealth, territory, insular possession thereof, | ||||||
10 | and any area
subject to the legal authority of the United | ||||||
11 | States of America.
| ||||||
12 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
13 | a
controlled substance for his own use or for the use of a | ||||||
14 | member of his
household or for administering to an animal owned | ||||||
15 | by him or by a member
of his household.
| ||||||
16 | (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08; | ||||||
17 | 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff. | ||||||
18 | 8-21-08.)
| ||||||
19 | (720 ILCS 570/303.05)
| ||||||
20 | Sec. 303.05. Mid-level practitioner registration.
| ||||||
21 | (a) The Department of Financial and Professional | ||||||
22 | Regulation shall register licensed
physician assistants and | ||||||
23 | licensed advanced practice nurses to prescribe and
dispense | ||||||
24 | Schedule
III, IV, or V controlled substances under Section 303 | ||||||
25 | and euthanasia
agencies to purchase, store, or administer |
| |||||||
| |||||||
1 | animal euthanasia drugs under the
following circumstances:
| ||||||
2 | (1) with respect to physician assistants or advanced | ||||||
3 | practice nurses ,
| ||||||
4 | (A) the physician assistant or advanced practice | ||||||
5 | nurse has been
delegated
prescriptive authority to | ||||||
6 | prescribe any Schedule III through V controlled | ||||||
7 | substances by a physician licensed to practice | ||||||
8 | medicine in all its
branches in accordance with Section | ||||||
9 | 7.5 of the Physician Assistant Practice Act
of 1987 or | ||||||
10 | Section 65-40 of the Nurse Practice Act;
and
the (B) | ||||||
11 | the physician assistant or advanced practice nurse has
| ||||||
12 | completed the
appropriate application forms and has | ||||||
13 | paid the required fees as set by rule;
or
| ||||||
14 | (B) the physician assistant has been delegated
| ||||||
15 | authority by a supervising physician licensed to | ||||||
16 | practice medicine in all its branches to prescribe or | ||||||
17 | dispense Schedule II controlled substances through a | ||||||
18 | written delegation of authority and under the | ||||||
19 | following conditions: | ||||||
20 | (i) no more than 5 Schedule II controlled | ||||||
21 | substances by oral dosage may be delegated; | ||||||
22 | (ii) any delegation must be of controlled | ||||||
23 | substances prescribed by the supervising | ||||||
24 | physician; | ||||||
25 | (iii) all prescriptions must be limited to no | ||||||
26 | more than a 30-day oral dosage, with any |
| |||||||
| |||||||
1 | continuation authorized only after prior approval | ||||||
2 | of the supervising physician; | ||||||
3 | (iv) the physician assistant must discuss the | ||||||
4 | condition of any patients for whom a controlled | ||||||
5 | substance is prescribed monthly with the | ||||||
6 | delegating physician; and | ||||||
7 | (v) the physician assistant must have | ||||||
8 | completed the appropriate application forms and | ||||||
9 | paid the required fees as set by rule; and | ||||||
10 | (2) with respect to advanced practice nurses, | ||||||
11 | (A) the advanced practice nurse has been delegated
| ||||||
12 | authority to prescribe any Schedule III through V | ||||||
13 | controlled substances by a physician licensed to | ||||||
14 | practice medicine in all its branches or a podiatrist | ||||||
15 | in accordance with Section 65-40 of the Nurse Practice
| ||||||
16 | Act. The advanced practice nurse has completed the
| ||||||
17 | appropriate application forms and has paid the | ||||||
18 | required
fees as set by rule; or | ||||||
19 | (B) the advanced practice nurse has been delegated
| ||||||
20 | authority by a collaborating physician licensed to | ||||||
21 | practice medicine in all its branches to prescribe or | ||||||
22 | dispense Schedule II controlled substances through a | ||||||
23 | written delegation of authority and under the | ||||||
24 | following conditions: | ||||||
25 | (i) no more than 5 Schedule II controlled | ||||||
26 | substances by oral dosage may be delegated; |
| |||||||
| |||||||
1 | (ii) any delegation must be of controlled | ||||||
2 | substances prescribed by the collaborating | ||||||
3 | physician; | ||||||
4 | (iii) all prescriptions must be limited to no | ||||||
5 | more than a 30-day oral dosage, with any | ||||||
6 | continuation authorized only after prior approval | ||||||
7 | of the collaborating physician; | ||||||
8 | (iv) the advanced practice nurse must discuss | ||||||
9 | the condition of any patients for whom a controlled | ||||||
10 | substance is prescribed monthly with the | ||||||
11 | delegating physician; and | ||||||
12 | (v) the advanced practice nurse must have | ||||||
13 | completed the appropriate application forms and | ||||||
14 | paid the required fees as set by rule; or | ||||||
15 | (3) (2) with respect to animal euthanasia agencies, the | ||||||
16 | euthanasia agency has
obtained a license from the | ||||||
17 | Department of
Professional Regulation and obtained a | ||||||
18 | registration number from the
Department.
| ||||||
19 | (b) The mid-level practitioner shall only be licensed to | ||||||
20 | prescribe those
schedules of controlled substances for which a | ||||||
21 | licensed physician or licensed podiatrist has delegated
| ||||||
22 | prescriptive authority, except that an animal a euthanasia | ||||||
23 | agency does not have any
prescriptive authority.
A physician | ||||||
24 | assistant and an advanced practice nurse are prohibited from | ||||||
25 | prescribing medications and controlled substances not set | ||||||
26 | forth in the required written delegation of authority.
|
| |||||||
| |||||||
1 | (c) Upon completion of all registration requirements, | ||||||
2 | physician
assistants, advanced practice nurses, and animal | ||||||
3 | euthanasia agencies shall be issued a
mid-level practitioner
| ||||||
4 | controlled substances license for Illinois.
| ||||||
5 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
|