Sen. Melinda Bush

Filed: 1/8/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2488

2    AMENDMENT NO. ______. Amend House Bill 2488 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 102 and by adding Section 220 as
6follows:
 
7    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
8    Sec. 102. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Addict" means any person who habitually uses any drug,
11chemical, substance or dangerous drug other than alcohol so as
12to endanger the public morals, health, safety or welfare or who
13is so far addicted to the use of a dangerous drug or controlled
14substance other than alcohol as to have lost the power of self
15control with reference to his or her addiction.
16    (b) "Administer" means the direct application of a

 

 

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1controlled substance, whether by injection, inhalation,
2ingestion, or any other means, to the body of a patient,
3research subject, or animal (as defined by the Humane
4Euthanasia in Animal Shelters Act) by:
5        (1) a practitioner (or, in his or her presence, by his
6    or her authorized agent),
7        (2) the patient or research subject pursuant to an
8    order, or
9        (3) a euthanasia technician as defined by the Humane
10    Euthanasia in Animal Shelters Act.
11    (c) "Agent" means an authorized person who acts on behalf
12of or at the direction of a manufacturer, distributor,
13dispenser, prescriber, or practitioner. It does not include a
14common or contract carrier, public warehouseman or employee of
15the carrier or warehouseman.
16    (c-1) "Anabolic Steroids" means any drug or hormonal
17substance, chemically and pharmacologically related to
18testosterone (other than estrogens, progestins,
19corticosteroids, and dehydroepiandrosterone), and includes:
20    (i) 3[beta],17-dihydroxy-5a-androstane, 
21    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
22    (iii) 5[alpha]-androstan-3,17-dione, 
23    (iv) 1-androstenediol (3[beta], 
24        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
25    (v) 1-androstenediol (3[alpha], 
26        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 

 

 

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1    (vi) 4-androstenediol  
2        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
3    (vii) 5-androstenediol  
4        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
5    (viii) 1-androstenedione  
6        ([5alpha]-androst-1-en-3,17-dione), 
7    (ix) 4-androstenedione  
8        (androst-4-en-3,17-dione), 
9    (x) 5-androstenedione  
10        (androst-5-en-3,17-dione), 
11    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
12        hydroxyandrost-4-en-3-one), 
13    (xii) boldenone (17[beta]-hydroxyandrost- 
14        1,4,-diene-3-one), 
15    (xiii) boldione (androsta-1,4- 
16        diene-3,17-dione), 
17    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
18        [beta]-hydroxyandrost-4-en-3-one), 
19    (xv) clostebol (4-chloro-17[beta]- 
20        hydroxyandrost-4-en-3-one), 
21    (xvi) dehydrochloromethyltestosterone (4-chloro- 
22        17[beta]-hydroxy-17[alpha]-methyl- 
23        androst-1,4-dien-3-one), 
24    (xvii) desoxymethyltestosterone 
25    (17[alpha]-methyl-5[alpha] 
26        -androst-2-en-17[beta]-ol)(a.k.a., madol), 

 

 

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1    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
2        '1-testosterone') (17[beta]-hydroxy- 
3        5[alpha]-androst-1-en-3-one), 
4    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
5        androstan-3-one), 
6    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
7        5[alpha]-androstan-3-one), 
8    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
9        hydroxyestr-4-ene), 
10    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
11        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
12    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
13        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
14    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
15        hydroxyandrostano[2,3-c]-furazan), 
16    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, 
17    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
18        androst-4-en-3-one), 
19    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
20        dihydroxy-estr-4-en-3-one), 
21    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
22        hydroxy-5-androstan-3-one), 
23    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
24        [5a]-androstan-3-one), 
25    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
26        hydroxyandrost-1,4-dien-3-one), 

 

 

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1    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
2        dihydroxyandrost-5-ene), 
3    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
4        5[alpha]-androst-1-en-3-one), 
5    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
6        dihydroxy-5a-androstane, 
7    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
8        -5a-androstane, 
9    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
10        dihydroxyandrost-4-ene), 
11    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
12        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
13    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
14        hydroxyestra-4,9(10)-dien-3-one), 
15    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
16        hydroxyestra-4,9-11-trien-3-one), 
17    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
18        hydroxyandrost-4-en-3-one), 
19    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
20        hydroxyestr-4-en-3-one), 
21    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
22        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
23        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
24        1-testosterone'), 
25    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
26    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 

 

 

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1        dihydroxyestr-4-ene), 
2    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
3        dihydroxyestr-4-ene), 
4    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
5        dihydroxyestr-5-ene), 
6    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
7        dihydroxyestr-5-ene), 
8    (xlvii) 19-nor-4,9(10)-androstadienedione  
9        (estra-4,9(10)-diene-3,17-dione), 
10    (xlviii) 19-nor-4-androstenedione (estr-4- 
11        en-3,17-dione), 
12    (xlix) 19-nor-5-androstenedione (estr-5- 
13        en-3,17-dione), 
14    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
15        hydroxygon-4-en-3-one), 
16    (li) norclostebol (4-chloro-17[beta]- 
17        hydroxyestr-4-en-3-one), 
18    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
19        hydroxyestr-4-en-3-one), 
20    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
21        hydroxyestr-4-en-3-one), 
22    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
23        2-oxa-5[alpha]-androstan-3-one), 
24    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
25        dihydroxyandrost-4-en-3-one), 
26    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 

 

 

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1        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
2    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
3        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
4    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
5        (5[alpha]-androst-1-en-3-one), 
6    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
7        secoandrosta-1,4-dien-17-oic 
8        acid lactone), 
9    (lx) testosterone (17[beta]-hydroxyandrost- 
10        4-en-3-one), 
11    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
12        diethyl-17[beta]-hydroxygon- 
13        4,9,11-trien-3-one), 
14    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
15        11-trien-3-one). 
16    Any person who is otherwise lawfully in possession of an
17anabolic steroid, or who otherwise lawfully manufactures,
18distributes, dispenses, delivers, or possesses with intent to
19deliver an anabolic steroid, which anabolic steroid is
20expressly intended for and lawfully allowed to be administered
21through implants to livestock or other nonhuman species, and
22which is approved by the Secretary of Health and Human Services
23for such administration, and which the person intends to
24administer or have administered through such implants, shall
25not be considered to be in unauthorized possession or to
26unlawfully manufacture, distribute, dispense, deliver, or

 

 

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1possess with intent to deliver such anabolic steroid for
2purposes of this Act.
3    (d) "Administration" means the Drug Enforcement
4Administration, United States Department of Justice, or its
5successor agency.
6    (d-5) "Clinical Director, Prescription Monitoring Program"
7means a Department of Human Services administrative employee
8licensed to either prescribe or dispense controlled substances
9who shall run the clinical aspects of the Department of Human
10Services Prescription Monitoring Program and its Prescription
11Information Library.
12    (d-10) "Compounding" means the preparation and mixing of
13components, excluding flavorings, (1) as the result of a
14prescriber's prescription drug order or initiative based on the
15prescriber-patient-pharmacist relationship in the course of
16professional practice or (2) for the purpose of, or incident
17to, research, teaching, or chemical analysis and not for sale
18or dispensing. "Compounding" includes the preparation of drugs
19or devices in anticipation of receiving prescription drug
20orders based on routine, regularly observed dispensing
21patterns. Commercially available products may be compounded
22for dispensing to individual patients only if both of the
23following conditions are met: (i) the commercial product is not
24reasonably available from normal distribution channels in a
25timely manner to meet the patient's needs and (ii) the
26prescribing practitioner has requested that the drug be

 

 

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1compounded.
2    (e) "Control" means to add a drug or other substance, or
3immediate precursor, to a Schedule whether by transfer from
4another Schedule or otherwise.
5    (f) "Controlled Substance" means (i) a drug, substance,
6immediate precursor, or synthetic drug in the Schedules of
7Article II of this Act or (ii) a drug or other substance, or
8immediate precursor, designated as a controlled substance by
9the Department through administrative rule. The term does not
10include distilled spirits, wine, malt beverages, or tobacco, as
11those terms are defined or used in the Liquor Control Act of
121934 and the Tobacco Products Tax Act of 1995.
13    (f-5) "Controlled substance analog" means a substance:
14        (1) the chemical structure of which is substantially
15    similar to the chemical structure of a controlled substance
16    in Schedule I or II;
17        (2) which has a stimulant, depressant, or
18    hallucinogenic effect on the central nervous system that is
19    substantially similar to or greater than the stimulant,
20    depressant, or hallucinogenic effect on the central
21    nervous system of a controlled substance in Schedule I or
22    II; or
23        (3) with respect to a particular person, which such
24    person represents or intends to have a stimulant,
25    depressant, or hallucinogenic effect on the central
26    nervous system that is substantially similar to or greater

 

 

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1    than the stimulant, depressant, or hallucinogenic effect
2    on the central nervous system of a controlled substance in
3    Schedule I or II.
4    (g) "Counterfeit substance" means a controlled substance,
5which, or the container or labeling of which, without
6authorization bears the trademark, trade name, or other
7identifying mark, imprint, number or device, or any likeness
8thereof, of a manufacturer, distributor, or dispenser other
9than the person who in fact manufactured, distributed, or
10dispensed the substance.
11    (h) "Deliver" or "delivery" means the actual, constructive
12or attempted transfer of possession of a controlled substance,
13with or without consideration, whether or not there is an
14agency relationship.
15    (i) "Department" means the Illinois Department of Human
16Services (as successor to the Department of Alcoholism and
17Substance Abuse) or its successor agency.
18    (j) (Blank).
19    (k) "Department of Corrections" means the Department of
20Corrections of the State of Illinois or its successor agency.
21    (l) "Department of Financial and Professional Regulation"
22means the Department of Financial and Professional Regulation
23of the State of Illinois or its successor agency.
24    (m) "Depressant" means any drug that (i) causes an overall
25depression of central nervous system functions, (ii) causes
26impaired consciousness and awareness, and (iii) can be

 

 

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1habit-forming or lead to a substance abuse problem, including
2but not limited to alcohol, cannabis and its active principles
3and their analogs, benzodiazepines and their analogs,
4barbiturates and their analogs, opioids (natural and
5synthetic) and their analogs, and chloral hydrate and similar
6sedative hypnotics.
7    (n) (Blank).
8    (o) "Director" means the Director of the Illinois State
9Police or his or her designated agents.
10    (p) "Dispense" means to deliver a controlled substance to
11an ultimate user or research subject by or pursuant to the
12lawful order of a prescriber, including the prescribing,
13administering, packaging, labeling, or compounding necessary
14to prepare the substance for that delivery.
15    (q) "Dispenser" means a practitioner who dispenses.
16    (r) "Distribute" means to deliver, other than by
17administering or dispensing, a controlled substance.
18    (s) "Distributor" means a person who distributes.
19    (t) "Drug" means (1) substances recognized as drugs in the
20official United States Pharmacopoeia, Official Homeopathic
21Pharmacopoeia of the United States, or official National
22Formulary, or any supplement to any of them; (2) substances
23intended for use in diagnosis, cure, mitigation, treatment, or
24prevention of disease in man or animals; (3) substances (other
25than food) intended to affect the structure of any function of
26the body of man or animals and (4) substances intended for use

 

 

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1as a component of any article specified in clause (1), (2), or
2(3) of this subsection. It does not include devices or their
3components, parts, or accessories.
4    (t-3) "Electronic health record" or "EHR" means an
5electronic record of health-related information on an
6individual that is created, gathered, managed, and consulted by
7authorized health care clinicians and staff.
8    (t-3.5) "Electronic health record system" or "EHR system"
9means any computer-based system or combination of federally
10certified Health IT Modules (defined at 42 CFR 170.102 or its
11successor) used as a repository for electronic health records
12and accessed or updated by a prescriber or authorized surrogate
13in the ordinary course of his or her medical practice. For
14purposes of connecting to the Prescription Information Library
15maintained by the Bureau of Pharmacy and Clinical Support
16Systems or its successor, an EHR system may connect to the
17Prescription Information Library directly or through all or
18part of a computer program or system that is a federally
19certified Health IT Module maintained by a third party and used
20by the EHR system to secure access to the database.
21    (t-4) "Emergency medical services personnel" has the
22meaning ascribed to it in the Emergency Medical Services (EMS)
23Systems Act.
24    (t-5) "Euthanasia agency" means an entity certified by the
25Department of Financial and Professional Regulation for the
26purpose of animal euthanasia that holds an animal control

 

 

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1facility license or animal shelter license under the Animal
2Welfare Act. A euthanasia agency is authorized to purchase,
3store, possess, and utilize Schedule II nonnarcotic and
4Schedule III nonnarcotic drugs for the sole purpose of animal
5euthanasia.
6    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
7substances (nonnarcotic controlled substances) that are used
8by a euthanasia agency for the purpose of animal euthanasia.
9    (u) "Good faith" means the prescribing or dispensing of a
10controlled substance by a practitioner in the regular course of
11professional treatment to or for any person who is under his or
12her treatment for a pathology or condition other than that
13individual's physical or psychological dependence upon or
14addiction to a controlled substance, except as provided herein:
15and application of the term to a pharmacist shall mean the
16dispensing of a controlled substance pursuant to the
17prescriber's order which in the professional judgment of the
18pharmacist is lawful. The pharmacist shall be guided by
19accepted professional standards including, but not limited to
20the following, in making the judgment:
21        (1) lack of consistency of prescriber-patient
22    relationship,
23        (2) frequency of prescriptions for same drug by one
24    prescriber for large numbers of patients,
25        (3) quantities beyond those normally prescribed,
26        (4) unusual dosages (recognizing that there may be

 

 

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1    clinical circumstances where more or less than the usual
2    dose may be used legitimately),
3        (5) unusual geographic distances between patient,
4    pharmacist and prescriber,
5        (6) consistent prescribing of habit-forming drugs.
6    (u-0.5) "Hallucinogen" means a drug that causes markedly
7altered sensory perception leading to hallucinations of any
8type.
9    (u-1) "Home infusion services" means services provided by a
10pharmacy in compounding solutions for direct administration to
11a patient in a private residence, long-term care facility, or
12hospice setting by means of parenteral, intravenous,
13intramuscular, subcutaneous, or intraspinal infusion.
14    (u-5) "Illinois State Police" means the State Police of the
15State of Illinois, or its successor agency.
16    (v) "Immediate precursor" means a substance:
17        (1) which the Department has found to be and by rule
18    designated as being a principal compound used, or produced
19    primarily for use, in the manufacture of a controlled
20    substance;
21        (2) which is an immediate chemical intermediary used or
22    likely to be used in the manufacture of such controlled
23    substance; and
24        (3) the control of which is necessary to prevent,
25    curtail or limit the manufacture of such controlled
26    substance.

 

 

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1    (w) "Instructional activities" means the acts of teaching,
2educating or instructing by practitioners using controlled
3substances within educational facilities approved by the State
4Board of Education or its successor agency.
5    (x) "Local authorities" means a duly organized State,
6County or Municipal peace unit or police force.
7    (y) "Look-alike substance" means a substance, other than a
8controlled substance which (1) by overall dosage unit
9appearance, including shape, color, size, markings or lack
10thereof, taste, consistency, or any other identifying physical
11characteristic of the substance, would lead a reasonable person
12to believe that the substance is a controlled substance, or (2)
13is expressly or impliedly represented to be a controlled
14substance or is distributed under circumstances which would
15lead a reasonable person to believe that the substance is a
16controlled substance. For the purpose of determining whether
17the representations made or the circumstances of the
18distribution would lead a reasonable person to believe the
19substance to be a controlled substance under this clause (2) of
20subsection (y), the court or other authority may consider the
21following factors in addition to any other factor that may be
22relevant:
23        (a) statements made by the owner or person in control
24    of the substance concerning its nature, use or effect;
25        (b) statements made to the buyer or recipient that the
26    substance may be resold for profit;

 

 

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1        (c) whether the substance is packaged in a manner
2    normally used for the illegal distribution of controlled
3    substances;
4        (d) whether the distribution or attempted distribution
5    included an exchange of or demand for money or other
6    property as consideration, and whether the amount of the
7    consideration was substantially greater than the
8    reasonable retail market value of the substance.
9    Clause (1) of this subsection (y) shall not apply to a
10noncontrolled substance in its finished dosage form that was
11initially introduced into commerce prior to the initial
12introduction into commerce of a controlled substance in its
13finished dosage form which it may substantially resemble.
14    Nothing in this subsection (y) prohibits the dispensing or
15distributing of noncontrolled substances by persons authorized
16to dispense and distribute controlled substances under this
17Act, provided that such action would be deemed to be carried
18out in good faith under subsection (u) if the substances
19involved were controlled substances.
20    Nothing in this subsection (y) or in this Act prohibits the
21manufacture, preparation, propagation, compounding,
22processing, packaging, advertising or distribution of a drug or
23drugs by any person registered pursuant to Section 510 of the
24Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
25    (y-1) "Mail-order pharmacy" means a pharmacy that is
26located in a state of the United States that delivers,

 

 

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1dispenses or distributes, through the United States Postal
2Service or other common carrier, to Illinois residents, any
3substance which requires a prescription.
4    (z) "Manufacture" means the production, preparation,
5propagation, compounding, conversion or processing of a
6controlled substance other than methamphetamine, either
7directly or indirectly, by extraction from substances of
8natural origin, or independently by means of chemical
9synthesis, or by a combination of extraction and chemical
10synthesis, and includes any packaging or repackaging of the
11substance or labeling of its container, except that this term
12does not include:
13        (1) by an ultimate user, the preparation or compounding
14    of a controlled substance for his or her own use; or
15        (2) by a practitioner, or his or her authorized agent
16    under his or her supervision, the preparation,
17    compounding, packaging, or labeling of a controlled
18    substance:
19            (a) as an incident to his or her administering or
20        dispensing of a controlled substance in the course of
21        his or her professional practice; or
22            (b) as an incident to lawful research, teaching or
23        chemical analysis and not for sale.
24    (z-1) (Blank).
25    (z-5) "Medication shopping" means the conduct prohibited
26under subsection (a) of Section 314.5 of this Act.

 

 

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1    (z-10) "Mid-level practitioner" means (i) a physician
2assistant who has been delegated authority to prescribe through
3a written delegation of authority by a physician licensed to
4practice medicine in all of its branches, in accordance with
5Section 7.5 of the Physician Assistant Practice Act of 1987,
6(ii) an advanced practice registered nurse who has been
7delegated authority to prescribe through a written delegation
8of authority by a physician licensed to practice medicine in
9all of its branches or by a podiatric physician, in accordance
10with Section 65-40 of the Nurse Practice Act, (iii) an advanced
11practice registered nurse certified as a nurse practitioner,
12nurse midwife, or clinical nurse specialist who has been
13granted authority to prescribe by a hospital affiliate in
14accordance with Section 65-45 of the Nurse Practice Act, (iv)
15an animal euthanasia agency, or (v) a prescribing psychologist.
16    (aa) "Narcotic drug" means any of the following, whether
17produced directly or indirectly by extraction from substances
18of vegetable origin, or independently by means of chemical
19synthesis, or by a combination of extraction and chemical
20synthesis:
21        (1) opium, opiates, derivatives of opium and opiates,
22    including their isomers, esters, ethers, salts, and salts
23    of isomers, esters, and ethers, whenever the existence of
24    such isomers, esters, ethers, and salts is possible within
25    the specific chemical designation; however the term
26    "narcotic drug" does not include the isoquinoline

 

 

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1    alkaloids of opium;
2        (2) (blank);
3        (3) opium poppy and poppy straw;
4        (4) coca leaves, except coca leaves and extracts of
5    coca leaves from which substantially all of the cocaine and
6    ecgonine, and their isomers, derivatives and salts, have
7    been removed;
8        (5) cocaine, its salts, optical and geometric isomers,
9    and salts of isomers;
10        (6) ecgonine, its derivatives, their salts, isomers,
11    and salts of isomers;
12        (7) any compound, mixture, or preparation which
13    contains any quantity of any of the substances referred to
14    in subparagraphs (1) through (6).
15    (bb) "Nurse" means a registered nurse licensed under the
16Nurse Practice Act.
17    (cc) (Blank).
18    (dd) "Opiate" means any substance having an addiction
19forming or addiction sustaining liability similar to morphine
20or being capable of conversion into a drug having addiction
21forming or addiction sustaining liability.
22    (ee) "Opium poppy" means the plant of the species Papaver
23somniferum L., except its seeds.
24    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
25solution or other liquid form of medication intended for
26administration by mouth, but the term does not include a form

 

 

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1of medication intended for buccal, sublingual, or transmucosal
2administration.
3    (ff) "Parole and Pardon Board" means the Parole and Pardon
4Board of the State of Illinois or its successor agency.
5    (gg) "Person" means any individual, corporation,
6mail-order pharmacy, government or governmental subdivision or
7agency, business trust, estate, trust, partnership or
8association, or any other entity.
9    (hh) "Pharmacist" means any person who holds a license or
10certificate of registration as a registered pharmacist, a local
11registered pharmacist or a registered assistant pharmacist
12under the Pharmacy Practice Act.
13    (ii) "Pharmacy" means any store, ship or other place in
14which pharmacy is authorized to be practiced under the Pharmacy
15Practice Act.
16    (ii-5) "Pharmacy shopping" means the conduct prohibited
17under subsection (b) of Section 314.5 of this Act.
18    (ii-10) "Physician" (except when the context otherwise
19requires) means a person licensed to practice medicine in all
20of its branches.
21    (jj) "Poppy straw" means all parts, except the seeds, of
22the opium poppy, after mowing.
23    (kk) "Practitioner" means a physician licensed to practice
24medicine in all its branches, dentist, optometrist, podiatric
25physician, veterinarian, scientific investigator, pharmacist,
26physician assistant, advanced practice registered nurse,

 

 

10100HB2488sam003- 21 -LRB101 07727 BMS 74688 a

1licensed practical nurse, registered nurse, emergency medical
2services personnel, hospital, laboratory, or pharmacy, or
3other person licensed, registered, or otherwise lawfully
4permitted by the United States or this State to distribute,
5dispense, conduct research with respect to, administer or use
6in teaching or chemical analysis, a controlled substance in the
7course of professional practice or research.
8    (ll) "Pre-printed prescription" means a written
9prescription upon which the designated drug has been indicated
10prior to the time of issuance; the term does not mean a written
11prescription that is individually generated by machine or
12computer in the prescriber's office.
13    (mm) "Prescriber" means a physician licensed to practice
14medicine in all its branches, dentist, optometrist,
15prescribing psychologist licensed under Section 4.2 of the
16Clinical Psychologist Licensing Act with prescriptive
17authority delegated under Section 4.3 of the Clinical
18Psychologist Licensing Act, podiatric physician, or
19veterinarian who issues a prescription, a physician assistant
20who issues a prescription for a controlled substance in
21accordance with Section 303.05, a written delegation, and a
22written collaborative agreement required under Section 7.5 of
23the Physician Assistant Practice Act of 1987, an advanced
24practice registered nurse with prescriptive authority
25delegated under Section 65-40 of the Nurse Practice Act and in
26accordance with Section 303.05, a written delegation, and a

 

 

10100HB2488sam003- 22 -LRB101 07727 BMS 74688 a

1written collaborative agreement under Section 65-35 of the
2Nurse Practice Act, an advanced practice registered nurse
3certified as a nurse practitioner, nurse midwife, or clinical
4nurse specialist who has been granted authority to prescribe by
5a hospital affiliate in accordance with Section 65-45 of the
6Nurse Practice Act and in accordance with Section 303.05, or an
7advanced practice registered nurse certified as a nurse
8practitioner, nurse midwife, or clinical nurse specialist who
9has full practice authority pursuant to Section 65-43 of the
10Nurse Practice Act.
11    (nn) "Prescription" means a written, facsimile, or oral
12order, or an electronic order that complies with applicable
13federal requirements, of a physician licensed to practice
14medicine in all its branches, dentist, podiatric physician or
15veterinarian for any controlled substance, of an optometrist in
16accordance with Section 15.1 of the Illinois Optometric
17Practice Act of 1987, of a prescribing psychologist licensed
18under Section 4.2 of the Clinical Psychologist Licensing Act
19with prescriptive authority delegated under Section 4.3 of the
20Clinical Psychologist Licensing Act, of a physician assistant
21for a controlled substance in accordance with Section 303.05, a
22written delegation, and a written collaborative agreement
23required under Section 7.5 of the Physician Assistant Practice
24Act of 1987, of an advanced practice registered nurse with
25prescriptive authority delegated under Section 65-40 of the
26Nurse Practice Act who issues a prescription for a controlled

 

 

10100HB2488sam003- 23 -LRB101 07727 BMS 74688 a

1substance in accordance with Section 303.05, a written
2delegation, and a written collaborative agreement under
3Section 65-35 of the Nurse Practice Act, of an advanced
4practice registered nurse certified as a nurse practitioner,
5nurse midwife, or clinical nurse specialist who has been
6granted authority to prescribe by a hospital affiliate in
7accordance with Section 65-45 of the Nurse Practice Act and in
8accordance with Section 303.05 when required by law, or of an
9advanced practice registered nurse certified as a nurse
10practitioner, nurse midwife, or clinical nurse specialist who
11has full practice authority pursuant to Section 65-43 of the
12Nurse Practice Act.
13    (nn-5) "Prescription Information Library" (PIL) means an
14electronic library that contains reported controlled substance
15data.
16    (nn-10) "Prescription Monitoring Program" (PMP) means the
17entity that collects, tracks, and stores reported data on
18controlled substances and select drugs pursuant to Section 316.
19    (oo) "Production" or "produce" means manufacture,
20planting, cultivating, growing, or harvesting of a controlled
21substance other than methamphetamine.
22    (pp) "Registrant" means every person who is required to
23register under Section 302 of this Act.
24    (qq) "Registry number" means the number assigned to each
25person authorized to handle controlled substances under the
26laws of the United States and of this State.

 

 

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1    (qq-5) "Secretary" means, as the context requires, either
2the Secretary of the Department or the Secretary of the
3Department of Financial and Professional Regulation, and the
4Secretary's designated agents.
5    (rr) "State" includes the State of Illinois and any state,
6district, commonwealth, territory, insular possession thereof,
7and any area subject to the legal authority of the United
8States of America.
9    (rr-5) "Stimulant" means any drug that (i) causes an
10overall excitation of central nervous system functions, (ii)
11causes impaired consciousness and awareness, and (iii) can be
12habit-forming or lead to a substance abuse problem, including
13but not limited to amphetamines and their analogs,
14methylphenidate and its analogs, cocaine, and phencyclidine
15and its analogs.
16    (rr-10) "Synthetic drug" includes, but is not limited to,
17any synthetic cannabinoids or piperazines or any synthetic
18cathinones as provided for in Schedule I.
19    (ss) "Ultimate user" means a person who lawfully possesses
20a controlled substance for his or her own use or for the use of
21a member of his or her household or for administering to an
22animal owned by him or her or by a member of his or her
23household.
24(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15;
2599-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16;
26100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513, eff.

 

 

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11-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18.)
 
2    (720 ILCS 570/220 new)
3    Sec. 220. Electronic health record systems. The Bureau of
4Pharmacy and Clinical Support Systems shall establish a form to
5allow EHR systems to certify the identity of a third party that
6will provide access to the Prescription Information Library for
7the EHR system using all or part of a computer program or
8system that is a federally certified Health IT Module for the
9EHR system. Before the Health IT Module is permitted to connect
10to the Prescription Information Library, it must enter into a
11business associate agreement with the EHR system that requires
12the Health IT Module to agree to adhere to all requirements
13imposed on the EHR system by the laws of this State, including
14data privacy and security obligations that the Bureau otherwise
15imposes on EHR systems.".