|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4637 Introduced 1/31/2024, by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: | | 225 ILCS 95/4 | from Ch. 111, par. 4604 | 225 ILCS 95/6 | from Ch. 111, par. 4606 | 225 ILCS 95/7 | from Ch. 111, par. 4607 | 225 ILCS 95/7.5 | | 225 ILCS 95/7.7 | | 225 ILCS 95/7.8 new | | 225 ILCS 95/7.9 new | | 225 ILCS 95/17 | from Ch. 111, par. 4617 | 225 ILCS 95/20 | from Ch. 111, par. 4620 | 225 ILCS 95/21 | from Ch. 111, par. 4621 | 720 ILCS 570/102 | from Ch. 56 1/2, par. 1102 | 720 ILCS 570/303.05 | |
| Amends the Physician Assistant Practice Act of 1987. Provides that a physician assistant may prescribe, dispense, order, administer, and procure drugs and medical devices without delegation of authority by a physician. Provides that a physician assistant may practice without a written collaborative agreement. Provides that a physician assistant who files with the Department of Financial and Professional Regulation a notarized attestation of completion of at least 250 hours of continuing education or training and at least 2,000 hours of clinical experience after first attaining national certification shall not require a written collaborative agreement. Makes changes in provisions concerning definitions; physician assistant title; collaboration requirements; written collaborative agreements, prescriptive authority, and physician assistants in hospitals, hospital affiliates, or ambulatory surgical treatment centers; inactive status; limitations; and grounds for disciplinary action. Amends the Illinois Controlled Substances Act to make corresponding changes. |
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| | A BILL FOR |
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1 | | AN ACT concerning regulation. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Physician Assistant Practice Act of 1987 is |
5 | | amended by changing Sections 4, 6, 7, 7.5, 7.7, 17, 20, and 21 |
6 | | and by adding Sections 7.8 and 7.9 as follows: |
7 | | (225 ILCS 95/4) (from Ch. 111, par. 4604) |
8 | | (Text of Section before amendment by P.A. 103-65 ) |
9 | | (Section scheduled to be repealed on January 1, 2028) |
10 | | Sec. 4. Definitions. In this Act: |
11 | | 1. "Department" means the Department of Financial and |
12 | | Professional Regulation. |
13 | | 2. "Secretary" means the Secretary of Financial and |
14 | | Professional Regulation. |
15 | | 3. "Physician assistant" means any person not holding an |
16 | | active license or permit issued by the Department pursuant to |
17 | | the Medical Practice Act of 1987 who has been certified as a |
18 | | physician assistant by the National Commission on the |
19 | | Certification of Physician Assistants or equivalent successor |
20 | | agency and performs procedures in collaboration with a |
21 | | physician as defined in this Act. A physician assistant may |
22 | | perform such procedures within the specialty of the |
23 | | collaborating physician, except that such physician shall |
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1 | | exercise such direction, collaboration, and control over such |
2 | | physician assistants as will assure that patients shall |
3 | | receive quality medical care. Physician assistants shall be |
4 | | capable of performing a variety of tasks within the specialty |
5 | | of medical care in collaboration with a physician. |
6 | | Collaboration with the physician assistant shall not be |
7 | | construed to necessarily require the personal presence of the |
8 | | collaborating physician at all times at the place where |
9 | | services are rendered, as long as there is communication |
10 | | available for consultation by radio, telephone or |
11 | | telecommunications within established guidelines as determined |
12 | | by the physician/physician assistant team. The collaborating |
13 | | physician may delegate tasks and duties to the physician |
14 | | assistant. Delegated tasks or duties shall be consistent with |
15 | | physician assistant education, training, and experience. The |
16 | | delegated tasks or duties shall be specific to the practice |
17 | | setting and shall be implemented and reviewed under a written |
18 | | collaborative agreement established by the physician or |
19 | | physician/physician assistant team. A physician assistant, |
20 | | acting as an agent of the physician, shall be permitted to |
21 | | transmit the collaborating physician's orders as determined by |
22 | | the institution's bylaws by-laws , policies, procedures, or job |
23 | | description within which the physician/physician assistant |
24 | | team practices. Physician assistants shall practice only in |
25 | | accordance with a written collaborative agreement. |
26 | | Any person who holds an active license or permit issued |
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1 | | pursuant to the Medical Practice Act of 1987 shall have that |
2 | | license automatically placed into inactive status upon |
3 | | issuance of a physician assistant license. Any person who |
4 | | holds an active license as a physician assistant who is issued |
5 | | a license or permit pursuant to the Medical Practice Act of |
6 | | 1987 shall have his or her physician assistant license |
7 | | automatically placed into inactive status. |
8 | | 3.5. "Physician assistant practice" means the performance |
9 | | of procedures within the specialty of the collaborating |
10 | | physician. Physician assistants shall be capable of performing |
11 | | a variety of tasks within the specialty of medical care of the |
12 | | collaborating physician. Collaboration with the physician |
13 | | assistant shall not be construed to necessarily require the |
14 | | personal presence of the collaborating physician at all times |
15 | | at the place where services are rendered, as long as there is |
16 | | communication available for consultation by radio, telephone, |
17 | | telecommunications, or electronic communications. The |
18 | | collaborating physician may delegate tasks and duties to the |
19 | | physician assistant. Delegated tasks or duties shall be |
20 | | consistent with physician assistant education, training, and |
21 | | experience. The delegated tasks or duties shall be specific to |
22 | | the practice setting and shall be implemented and reviewed |
23 | | under a written collaborative agreement established by the |
24 | | physician or physician/physician assistant team. A physician |
25 | | assistant shall be permitted to transmit the collaborating |
26 | | physician's orders as determined by the institution's bylaws, |
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1 | | policies, or procedures or the job description within which |
2 | | the physician/physician assistant team practices. Physician |
3 | | assistants shall practice only in accordance with a written |
4 | | collaborative agreement, except as provided in Section 7.5 of |
5 | | this Act. |
6 | | 4. "Board" means the Medical Licensing Board constituted |
7 | | under the Medical Practice Act of 1987. |
8 | | 5. (Blank). |
9 | | 6. "Physician" means a person licensed to practice |
10 | | medicine in all of its branches under the Medical Practice Act |
11 | | of 1987. |
12 | | 7. "Collaborating physician" means the physician who, |
13 | | within his or her specialty and expertise, may delegate a |
14 | | variety of tasks and procedures to the physician assistant. |
15 | | Such tasks and procedures shall be delegated in accordance |
16 | | with a written collaborative agreement. |
17 | | 8. (Blank). |
18 | | 9. "Address of record" means the designated address |
19 | | recorded by the Department in the applicant's or licensee's |
20 | | application file or license file maintained by the |
21 | | Department's licensure maintenance unit. |
22 | | 10. "Hospital affiliate" means a corporation, partnership, |
23 | | joint venture, limited liability company, or similar |
24 | | organization, other than a hospital, that is devoted primarily |
25 | | to the provision, management, or support of health care |
26 | | services and that directly or indirectly controls, is |
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1 | | controlled by, or is under common control of the hospital. For |
2 | | the purposes of this definition, "control" means having at |
3 | | least an equal or a majority ownership or membership interest. |
4 | | A hospital affiliate shall be 100% owned or controlled by any |
5 | | combination of hospitals, their parent corporations, or |
6 | | physicians licensed to practice medicine in all its branches |
7 | | in Illinois. "Hospital affiliate" does not include a health |
8 | | maintenance organization regulated under the Health |
9 | | Maintenance Organization Act. |
10 | | 11. "Email address of record" means the designated email |
11 | | address recorded by the Department in the applicant's |
12 | | application file or the licensee's license file, as maintained |
13 | | by the Department's licensure maintenance unit. |
14 | | (Source: P.A. 102-1117, eff. 1-13-23.) |
15 | | (Text of Section after amendment by P.A. 103-65 ) |
16 | | (Section scheduled to be repealed on January 1, 2028) |
17 | | Sec. 4. Definitions. In this Act: |
18 | | 1. "Department" means the Department of Financial and |
19 | | Professional Regulation. |
20 | | 2. "Secretary" means the Secretary of Financial and |
21 | | Professional Regulation. |
22 | | 3. "Physician assistant" means any person not holding an |
23 | | active license or permit issued by the Department pursuant to |
24 | | the Medical Practice Act of 1987 who has been certified as a |
25 | | physician assistant by the National Commission on the |
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1 | | Certification of Physician Assistants or equivalent successor |
2 | | agency . and performs procedures in collaboration with a |
3 | | physician as defined in this Act. A physician assistant may |
4 | | perform such procedures within the specialty of the |
5 | | collaborating physician, except that such physician shall |
6 | | exercise such direction, collaboration, and control over such |
7 | | physician assistants as will assure that patients shall |
8 | | receive quality medical care. Physician assistants shall be |
9 | | capable of performing a variety of tasks within the specialty |
10 | | of medical care in collaboration with a physician. |
11 | | Collaboration with the physician assistant shall not be |
12 | | construed to necessarily require the personal presence of the |
13 | | collaborating physician at all times at the place where |
14 | | services are rendered, as long as there is communication |
15 | | available for consultation by radio, telephone or |
16 | | telecommunications within established guidelines as determined |
17 | | by the physician/physician assistant team. The collaborating |
18 | | physician may delegate tasks and duties to the physician |
19 | | assistant. Delegated tasks or duties shall be consistent with |
20 | | physician assistant education, training, and experience. The |
21 | | delegated tasks or duties shall be specific to the practice |
22 | | setting and shall be implemented and reviewed under a written |
23 | | collaborative agreement established by the physician or |
24 | | physician/physician assistant team. A physician assistant, |
25 | | acting as an agent of the physician, shall be permitted to |
26 | | transmit the collaborating physician's orders as determined by |
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1 | | the institution's by-laws, policies, procedures, or job |
2 | | description within which the physician/physician assistant |
3 | | team practices. Physician assistants shall practice only in |
4 | | accordance with a written collaborative agreement. |
5 | | Any person who holds an active license or permit issued |
6 | | pursuant to the Medical Practice Act of 1987 shall have that |
7 | | license automatically placed into inactive status upon |
8 | | issuance of a physician assistant license. Any person who |
9 | | holds an active license as a physician assistant who is issued |
10 | | a license or permit pursuant to the Medical Practice Act of |
11 | | 1987 shall have his or her physician assistant license |
12 | | automatically placed into inactive status. |
13 | | 3.5. "Physician assistant practice" means the performance |
14 | | of any legal medical service for which the physician assistant |
15 | | has been prepared by the physician assistant's education, |
16 | | training, and experience and is competent to perform as |
17 | | determined by the practice through employment agreement or |
18 | | credentialing and privileging system of the licensed facility. |
19 | | Medical and surgical services provided by physician assistants |
20 | | include, but are not limited to: |
21 | | (A) obtaining and performing comprehensive health |
22 | | histories and physical examinations; |
23 | | (B) evaluating, diagnosing, managing, and providing |
24 | | medical treatment; |
25 | | (C) ordering, performing, and interpreting diagnostic |
26 | | studies and therapeutic procedures; |
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1 | | (D) educating patients on health promotion and disease |
2 | | prevention; |
3 | | (E) providing consultation upon request; |
4 | | (F) writing medical orders; |
5 | | (G) prescribing, dispensing, ordering, administering, |
6 | | and procuring drugs and medical devices; and |
7 | | (H) assisting in surgery. procedures within the |
8 | | specialty of the collaborating physician. Physician |
9 | | assistants shall be capable of performing a variety of |
10 | | tasks within the specialty of medical care of the |
11 | | collaborating physician. Collaboration with the physician |
12 | | assistant shall not be construed to necessarily require |
13 | | the personal presence of the collaborating physician at |
14 | | all times at the place where services are rendered, as |
15 | | long as there is communication available for consultation |
16 | | by radio, telephone, telecommunications, or electronic |
17 | | communications. The collaborating physician may delegate |
18 | | tasks and duties to the physician assistant. Delegated |
19 | | tasks or duties shall be consistent with physician |
20 | | assistant education, training, and experience. The |
21 | | delegated tasks or duties shall be specific to the |
22 | | practice setting and shall be implemented and reviewed |
23 | | under a written collaborative agreement established by the |
24 | | physician or physician/physician assistant team. A |
25 | | physician assistant shall be permitted to transmit the |
26 | | collaborating physician's orders as determined by the |
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1 | | institution's bylaws, policies, or procedures or the job |
2 | | description within which the physician/physician assistant |
3 | | team practices. Physician assistants shall practice only |
4 | | in accordance with a written collaborative agreement, |
5 | | except as provided in Section 7.5 of this Act. |
6 | | 4. "Board" means the Illinois State Medical Board Medical |
7 | | Licensing Board constituted under the Medical Practice Act of |
8 | | 1987 . |
9 | | 5. (Blank). |
10 | | 6. "Physician" means a person licensed to practice |
11 | | medicine in all of its branches under the Medical Practice Act |
12 | | of 1987. |
13 | | 7. "Collaborating physician" means the physician who, |
14 | | within his or her specialty and expertise, may delegate a |
15 | | variety of tasks and procedures to the physician assistant. |
16 | | Such tasks and procedures shall be delegated in accordance |
17 | | with a written collaborative agreement when the agreement is |
18 | | required under this Act . |
19 | | 8. (Blank). |
20 | | 9. "Address of record" means the designated address |
21 | | recorded by the Department in the applicant's or licensee's |
22 | | application file or license file maintained by the |
23 | | Department's licensure maintenance unit. |
24 | | 10. "Hospital affiliate" means a corporation, partnership, |
25 | | joint venture, limited liability company, or similar |
26 | | organization, other than a hospital, that is devoted primarily |
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1 | | to the provision, management, or support of health care |
2 | | services and that directly or indirectly controls, is |
3 | | controlled by, or is under common control of the hospital. For |
4 | | the purposes of this definition, "control" means having at |
5 | | least an equal or a majority ownership or membership interest. |
6 | | A hospital affiliate shall be 100% owned or controlled by any |
7 | | combination of hospitals, their parent corporations, or |
8 | | physicians licensed to practice medicine in all its branches |
9 | | in Illinois. "Hospital affiliate" does not include a health |
10 | | maintenance organization regulated under the Health |
11 | | Maintenance Organization Act. |
12 | | 11. "Email address of record" means the designated email |
13 | | address recorded by the Department in the applicant's |
14 | | application file or the licensee's license file, as maintained |
15 | | by the Department's licensure maintenance unit. |
16 | | 12. "Federally qualified health center" means a health |
17 | | center funded under Section 330 of the federal Public Health |
18 | | Service Act. |
19 | | (Source: P.A. 102-1117, eff. 1-13-23; 103-65, eff. 1-1-24.) |
20 | | (225 ILCS 95/6) (from Ch. 111, par. 4606) |
21 | | (Section scheduled to be repealed on January 1, 2028) |
22 | | Sec. 6. Physician assistant title. |
23 | | (a) No physician assistant shall use the title of doctor, |
24 | | physician, or associate with his or her name or any other term |
25 | | that would indicate to other persons that he or she is |
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1 | | qualified to engage in the general practice of medicine. |
2 | | (b) A physician assistant shall verbally identify himself |
3 | | or herself as a physician assistant, including , when |
4 | | applicable, specialty certification, to each patient. |
5 | | (c) Nothing in this Act shall be construed to relieve a |
6 | | physician assistant of the professional or legal |
7 | | responsibility for the care and treatment of persons attended |
8 | | by him or her. |
9 | | (d) (Blank). The collaborating physician shall file with |
10 | | the Department notice of employment, discharge, or |
11 | | collaboration with a physician assistant within 60 days of |
12 | | employment, discharge, or assumption of collaboration with a |
13 | | physician assistant. Nothing in this Section shall prevent a |
14 | | physician assistant from beginning his or her employment |
15 | | before the notice of employment or collaboration has been |
16 | | filed. |
17 | | (Source: P.A. 102-735, eff. 1-1-23 .) |
18 | | (225 ILCS 95/7) (from Ch. 111, par. 4607) |
19 | | (Text of Section before amendment by P.A. 103-65 ) |
20 | | (Section scheduled to be repealed on January 1, 2028) |
21 | | Sec. 7. Collaboration requirements. |
22 | | (a) A collaborating physician shall determine the number |
23 | | of physician assistants to collaborate with, provided the |
24 | | physician is able to provide adequate collaboration as |
25 | | outlined in the written collaborative agreement required under |
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1 | | Section 7.5 of this Act and consideration is given to the |
2 | | nature of the physician's practice, complexity of the patient |
3 | | population, and the experience of each physician assistant. A |
4 | | collaborating physician may collaborate with a maximum of 7 |
5 | | full-time equivalent physician assistants as described in |
6 | | Section 54.5 of the Medical Practice Act of 1987. As used in |
7 | | this Section, "full-time equivalent" means the equivalent of |
8 | | 40 hours per week per individual. Physicians and physician |
9 | | assistants who work in a hospital, hospital affiliate, or |
10 | | ambulatory surgical treatment center as defined by Section 7.7 |
11 | | of this Act are exempt from the collaborative ratio |
12 | | restriction requirements of this Section. A physician |
13 | | assistant shall be able to hold more than one professional |
14 | | position. A collaborating physician shall file a notice of |
15 | | collaboration of each physician assistant according to the |
16 | | rules of the Department. |
17 | | Physician assistants shall collaborate only with |
18 | | physicians as defined in this Act who are engaged in clinical |
19 | | practice, or in clinical practice in public health or other |
20 | | community health facilities. |
21 | | Nothing in this Act shall be construed to limit the |
22 | | delegation of tasks or duties by a physician to a nurse or |
23 | | other appropriately trained personnel. |
24 | | Nothing in this Act shall be construed to prohibit the |
25 | | employment of physician assistants by a hospital, nursing home |
26 | | or other health care facility where such physician assistants |
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1 | | function with under a collaborating physician. |
2 | | A physician assistant may be employed by a practice group |
3 | | or other entity employing multiple physicians at one or more |
4 | | locations. In that case, one of the physicians practicing at a |
5 | | location shall be designated the collaborating physician. The |
6 | | other physicians with that practice group or other entity who |
7 | | practice in the same general type of practice or specialty as |
8 | | the collaborating physician may collaborate with the physician |
9 | | assistant with respect to their patients. |
10 | | (b) A physician assistant licensed in this State, or |
11 | | licensed or authorized to practice in any other U.S. |
12 | | jurisdiction or credentialed by his or her federal employer as |
13 | | a physician assistant, who is responding to a need for medical |
14 | | care created by an emergency or by a state or local disaster |
15 | | may render such care that the physician assistant is able to |
16 | | provide without collaboration as it is defined in this Section |
17 | | or with such collaboration as is available. |
18 | | Any physician who collaborates with a physician assistant |
19 | | providing medical care in response to such an emergency or |
20 | | state or local disaster shall not be required to meet the |
21 | | requirements set forth in this Section for a collaborating |
22 | | physician. |
23 | | (Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19 .) |
24 | | (Text of Section after amendment by P.A. 103-65 ) |
25 | | (Section scheduled to be repealed on January 1, 2028) |
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1 | | Sec. 7. Collaboration requirements. |
2 | | (a) A written collaborative agreement is required for all |
3 | | physician assistants engaged in clinical practice prior to |
4 | | satisfying the requirements of Section 7.9, except for |
5 | | physician assistants who practice in a hospital, hospital |
6 | | affiliate, federally qualified health center, or ambulatory |
7 | | surgical treatment center as provided in Section 7.7. |
8 | | (b) (a) A collaborating physician shall determine the |
9 | | number of physician assistants to collaborate with, provided |
10 | | the physician is able to provide adequate collaboration as |
11 | | outlined in the written collaborative agreement required under |
12 | | Section 7.5 of this Act and consideration is given to the |
13 | | nature of the physician's practice, complexity of the patient |
14 | | population, and the experience of each physician assistant. A |
15 | | collaborating physician may collaborate with a maximum of 7 |
16 | | full-time equivalent physician assistants as described in |
17 | | Section 54.5 of the Medical Practice Act of 1987. As used in |
18 | | this Section, "full-time equivalent" means the equivalent of |
19 | | 40 hours per week per individual. Physicians and physician |
20 | | assistants who work in a hospital, hospital affiliate, |
21 | | federally qualified health center, or ambulatory surgical |
22 | | treatment center as defined by Section 7.7 of this Act are |
23 | | exempt from the collaborative ratio restriction requirements |
24 | | of this Section. A physician assistant shall be able to hold |
25 | | more than one professional position. A collaborating physician |
26 | | shall file a notice of collaboration of each physician |
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1 | | assistant according to the rules of the Department. |
2 | | (c) Physician assistants shall collaborate only with |
3 | | physicians as defined in this Act who are engaged in clinical |
4 | | practice, or in clinical practice in public health or other |
5 | | community health facilities. |
6 | | (d) Nothing in this Act shall be construed to limit the |
7 | | delegation of tasks or duties by a physician to a nurse or |
8 | | other appropriately trained personnel. |
9 | | (e) Nothing in this Act shall be construed to prohibit the |
10 | | employment of physician assistants by a hospital, nursing home |
11 | | or other health care facility where such physician assistants |
12 | | function with under a collaborating physician. |
13 | | (f) A physician assistant may be employed by a practice |
14 | | group or other entity employing multiple physicians at one or |
15 | | more locations. In that case, one of the physicians practicing |
16 | | at a location shall be designated the collaborating physician. |
17 | | The other physicians with that practice group or other entity |
18 | | who practice in the same general type of practice or specialty |
19 | | as the collaborating physician may collaborate with the |
20 | | physician assistant with respect to their patients. |
21 | | (g) (b) A physician assistant licensed in this State, or |
22 | | licensed or authorized to practice in any other U.S. |
23 | | jurisdiction or credentialed by his or her federal employer as |
24 | | a physician assistant, who is responding to a need for medical |
25 | | care created by an emergency or by a state or local disaster |
26 | | may render such care that the physician assistant is able to |
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1 | | provide without collaboration as it is defined in this Section |
2 | | or with such collaboration as is available. |
3 | | (h) Any physician who collaborates with a physician |
4 | | assistant providing medical care in response to such an |
5 | | emergency or state or local disaster shall not be required to |
6 | | meet the requirements set forth in this Section for a |
7 | | collaborating physician. |
8 | | (Source: P.A. 103-65, eff. 1-1-24.) |
9 | | (225 ILCS 95/7.5) |
10 | | (Text of Section before amendment by P.A. 103-65 ) |
11 | | (Section scheduled to be repealed on January 1, 2028) |
12 | | Sec. 7.5. Written collaborative agreements; prescriptive |
13 | | authority. |
14 | | (a) A written collaborative agreement is required for all |
15 | | physician assistants to practice in the State, except as |
16 | | provided in Section 7.7 of this Act. |
17 | | (1) A written collaborative agreement shall describe |
18 | | the working relationship of the physician assistant with |
19 | | the collaborating physician and shall describe the |
20 | | categories of care, treatment, or procedures to be |
21 | | provided by the physician assistant. The written |
22 | | collaborative agreement shall promote the exercise of |
23 | | professional judgment by the physician assistant |
24 | | commensurate with his or her education and experience. The |
25 | | services to be provided by the physician assistant shall |
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1 | | be services that the collaborating physician is authorized |
2 | | to and generally provides to his or her patients in the |
3 | | normal course of his or her clinical medical practice. The |
4 | | written collaborative agreement need not describe the |
5 | | exact steps that a physician assistant must take with |
6 | | respect to each specific condition, disease, or symptom |
7 | | but must specify which authorized procedures require the |
8 | | presence of the collaborating physician as the procedures |
9 | | are being performed. The relationship under a written |
10 | | collaborative agreement shall not be construed to require |
11 | | the personal presence of a physician at the place where |
12 | | services are rendered. Methods of communication shall be |
13 | | available for consultation with the collaborating |
14 | | physician in person or by telecommunications or electronic |
15 | | communications as set forth in the written collaborative |
16 | | agreement. For the purposes of this Act, "generally |
17 | | provides to his or her patients in the normal course of his |
18 | | or her clinical medical practice" means services, not |
19 | | specific tasks or duties, the collaborating physician |
20 | | routinely provides individually or through delegation to |
21 | | other persons so that the physician has the experience and |
22 | | ability to collaborate and provide consultation. |
23 | | (2) The written collaborative agreement shall be |
24 | | adequate if a physician does each of the following: |
25 | | (A) Participates in the joint formulation and |
26 | | joint approval of orders or guidelines with the |
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1 | | physician assistant and he or she periodically reviews |
2 | | such orders and the services provided patients under |
3 | | such orders in accordance with accepted standards of |
4 | | medical practice and physician assistant practice. |
5 | | (B) Provides consultation at least once a month. |
6 | | (3) A copy of the signed, written collaborative |
7 | | agreement must be available to the Department upon request |
8 | | from both the physician assistant and the collaborating |
9 | | physician. |
10 | | (4) A physician assistant shall inform each |
11 | | collaborating physician of all written collaborative |
12 | | agreements he or she has signed and provide a copy of these |
13 | | to any collaborating physician upon request. |
14 | | (b) A collaborating physician may, but is not required to, |
15 | | delegate prescriptive authority to a physician assistant as |
16 | | part of a written collaborative agreement. This authority may, |
17 | | but is not required to, include prescription of, selection of, |
18 | | orders for, administration of, storage of, acceptance of |
19 | | samples of, and dispensing medical devices, over-the-counter |
20 | | over the counter medications, legend drugs, medical gases, and |
21 | | controlled substances categorized as Schedule II through V |
22 | | controlled substances, as defined in Article II of the |
23 | | Illinois Controlled Substances Act, and other preparations, |
24 | | including, but not limited to, botanical and herbal remedies. |
25 | | The collaborating physician must have a valid, current |
26 | | Illinois controlled substance license and federal registration |
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1 | | with the Drug Enforcement Administration to delegate the |
2 | | authority to prescribe controlled substances. |
3 | | (1) To prescribe Schedule II, III, IV, or V controlled |
4 | | substances under this Section, a physician assistant must |
5 | | obtain a mid-level practitioner controlled substances |
6 | | license. Medication orders issued by a physician assistant |
7 | | shall be reviewed periodically by the collaborating |
8 | | physician. |
9 | | (2) The collaborating physician shall file with the |
10 | | Department notice of delegation of prescriptive authority |
11 | | to a physician assistant and termination of delegation, |
12 | | specifying the authority delegated or terminated. Upon |
13 | | receipt of this notice delegating authority to prescribe |
14 | | controlled substances, the physician assistant shall be |
15 | | eligible to register for a mid-level practitioner |
16 | | controlled substances license under Section 303.05 of the |
17 | | Illinois Controlled Substances Act. Nothing in this Act |
18 | | shall be construed to limit the delegation of tasks or |
19 | | duties by the collaborating physician to a nurse or other |
20 | | appropriately trained persons in accordance with Section |
21 | | 54.2 of the Medical Practice Act of 1987. |
22 | | (3) In addition to the requirements of this subsection |
23 | | (b), a collaborating physician may, but is not required |
24 | | to, delegate authority to a physician assistant to |
25 | | prescribe Schedule II controlled substances, if all of the |
26 | | following conditions apply: |
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1 | | (A) Specific Schedule II controlled substances by |
2 | | oral dosage or topical or transdermal application may |
3 | | be delegated, provided that the delegated Schedule II |
4 | | controlled substances are routinely prescribed by the |
5 | | collaborating physician. This delegation must identify |
6 | | the specific Schedule II controlled substances by |
7 | | either brand name or generic name. Schedule II |
8 | | controlled substances to be delivered by injection or |
9 | | other route of administration may not be delegated. |
10 | | (B) (Blank). |
11 | | (C) Any prescription must be limited to no more |
12 | | than a 30-day supply, with any continuation authorized |
13 | | only after prior approval of the collaborating |
14 | | physician. |
15 | | (D) The physician assistant must discuss the |
16 | | condition of any patients for whom a controlled |
17 | | substance is prescribed monthly with the collaborating |
18 | | physician. |
19 | | (E) The physician assistant meets the education |
20 | | requirements of Section 303.05 of the Illinois |
21 | | Controlled Substances Act. |
22 | | (c) Nothing in this Act shall be construed to limit the |
23 | | delegation of tasks or duties by a physician to a licensed |
24 | | practical nurse, a registered professional nurse, or other |
25 | | persons. Nothing in this Act shall be construed to limit the |
26 | | method of delegation that may be authorized by any means, |
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1 | | including, but not limited to, oral, written, electronic, |
2 | | standing orders, protocols, guidelines, or verbal orders. |
3 | | Nothing in this Act shall be construed to authorize a |
4 | | physician assistant to provide health care services required |
5 | | by law or rule to be performed by a physician. Nothing in this |
6 | | Act shall be construed to authorize the delegation or |
7 | | performance of operative surgery. Nothing in this Section |
8 | | shall be construed to preclude a physician assistant from |
9 | | assisting in surgery. |
10 | | (c-5) Nothing in this Section shall be construed to apply |
11 | | to any medication authority, including Schedule II controlled |
12 | | substances of a licensed physician assistant for care provided |
13 | | in a hospital, hospital affiliate, or ambulatory surgical |
14 | | treatment center pursuant to Section 7.7 of this Act. |
15 | | (d) (Blank). |
16 | | (e) Nothing in this Section shall be construed to prohibit |
17 | | generic substitution. |
18 | | (Source: P.A. 101-13, eff. 6-12-19; 102-558, eff. 8-20-21; |
19 | | revised 9-21-23.) |
20 | | (Text of Section after amendment by P.A. 103-65 ) |
21 | | (Section scheduled to be repealed on January 1, 2028) |
22 | | Sec. 7.5. Written collaborative agreements ; prescriptive |
23 | | authority . |
24 | | (a) A written collaborative agreement is required for all |
25 | | physician assistants to practice in the State, except as |
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1 | | provided in Sections Section 7.7 and 7.9 of this Act. When a |
2 | | written collaborative agreement is required under this Act, |
3 | | the following shall apply: |
4 | | (1) A written collaborative agreement shall describe |
5 | | the working relationship of the physician assistant with |
6 | | the collaborating physician and shall describe the |
7 | | categories of care, treatment, or procedures to be |
8 | | provided by the physician assistant. The written |
9 | | collaborative agreement shall promote the exercise of |
10 | | professional judgment by the physician assistant |
11 | | commensurate with his or her education and experience. The |
12 | | services to be provided by the physician assistant shall |
13 | | be services that the collaborating physician is authorized |
14 | | to and generally provides to his or her patients in the |
15 | | normal course of his or her clinical medical practice. The |
16 | | written collaborative agreement need not describe the |
17 | | exact steps that a physician assistant must take with |
18 | | respect to each specific condition, disease, or symptom |
19 | | but must specify which authorized procedures require the |
20 | | presence of the collaborating physician as the procedures |
21 | | are being performed. The relationship under a written |
22 | | collaborative agreement shall not be construed to require |
23 | | the personal presence of a physician at the place where |
24 | | services are rendered. Methods of communication shall be |
25 | | available for consultation with the collaborating |
26 | | physician in person or by telecommunications or electronic |
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1 | | communications as set forth in the written collaborative |
2 | | agreement. For the purposes of this Act, "generally |
3 | | provides to his or her patients in the normal course of his |
4 | | or her clinical medical practice" means services, not |
5 | | specific tasks or duties, the collaborating physician |
6 | | routinely provides individually or through delegation to |
7 | | other persons so that the physician has the experience and |
8 | | ability to collaborate and provide consultation. |
9 | | (2) (Blank). The written collaborative agreement shall |
10 | | be adequate if a physician does each of the following: |
11 | | (A) Participates in the joint formulation and |
12 | | joint approval of orders or guidelines with the |
13 | | physician assistant and he or she periodically reviews |
14 | | such orders and the services provided patients under |
15 | | such orders in accordance with accepted standards of |
16 | | medical practice and physician assistant practice. |
17 | | (B) Provides consultation at least once a month. |
18 | | (3) A copy of the signed, written collaborative |
19 | | agreement must be available to the Department upon request |
20 | | from both the physician assistant and the collaborating |
21 | | physician . |
22 | | (4) A physician assistant shall inform each |
23 | | collaborating physician of all written collaborative |
24 | | agreements he or she has signed and provide a copy of these |
25 | | to any collaborating physician upon request. |
26 | | (b) To prescribe Schedule II, III, IV, or V controlled |
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1 | | substances under this Section, a physician assistant must |
2 | | obtain a mid-level practitioner controlled substances license. |
3 | | A collaborating physician may, but is not required to, |
4 | | delegate prescriptive authority to a physician assistant as |
5 | | part of a written collaborative agreement. This authority may, |
6 | | but is not required to, include prescription of, selection of, |
7 | | orders for, administration of, storage of, acceptance of |
8 | | samples of, and dispensing medical devices, over the counter |
9 | | medications, legend drugs, medical gases, and controlled |
10 | | substances categorized as Schedule II through V controlled |
11 | | substances, as defined in Article II of the Illinois |
12 | | Controlled Substances Act, and other preparations, including, |
13 | | but not limited to, botanical and herbal remedies. The |
14 | | collaborating physician must have a valid, current Illinois |
15 | | controlled substance license and federal registration with the |
16 | | Drug Enforcement Administration to delegate the authority to |
17 | | prescribe controlled substances. |
18 | | (1) To prescribe Schedule II, III, IV, or V controlled |
19 | | substances under this Section, a physician assistant must |
20 | | obtain a mid-level practitioner controlled substances |
21 | | license. Medication orders issued by a physician assistant |
22 | | shall be reviewed periodically by the collaborating |
23 | | physician. |
24 | | (2) The collaborating physician shall file with the |
25 | | Department notice of delegation of prescriptive authority |
26 | | to a physician assistant and termination of delegation, |
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1 | | specifying the authority delegated or terminated. Upon |
2 | | receipt of this notice delegating authority to prescribe |
3 | | controlled substances, the physician assistant shall be |
4 | | eligible to register for a mid-level practitioner |
5 | | controlled substances license under Section 303.05 of the |
6 | | Illinois Controlled Substances Act. Nothing in this Act |
7 | | shall be construed to limit the delegation of tasks or |
8 | | duties by the collaborating physician to a nurse or other |
9 | | appropriately trained persons in accordance with Section |
10 | | 54.2 of the Medical Practice Act of 1987. |
11 | | (3) In addition to the requirements of this subsection |
12 | | (b), a collaborating physician may, but is not required |
13 | | to, delegate authority to a physician assistant to |
14 | | prescribe Schedule II controlled substances, if all of the |
15 | | following conditions apply: |
16 | | (A) Specific Schedule II controlled substances by |
17 | | oral dosage or topical or transdermal application may |
18 | | be delegated, provided that the delegated Schedule II |
19 | | controlled substances are routinely prescribed by the |
20 | | collaborating physician. This delegation must identify |
21 | | the specific Schedule II controlled substances by |
22 | | either brand name or generic name. Schedule II |
23 | | controlled substances to be delivered by injection or |
24 | | other route of administration may not be delegated. |
25 | | (B) (Blank). |
26 | | (C) Any prescription must be limited to no more |
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1 | | than a 30-day supply, with any continuation authorized |
2 | | only after prior approval of the collaborating |
3 | | physician. |
4 | | (D) The physician assistant must discuss the |
5 | | condition of any patients for whom a controlled |
6 | | substance is prescribed monthly with the collaborating |
7 | | physician. |
8 | | (E) The physician assistant meets the education |
9 | | requirements of Section 303.05 of the Illinois |
10 | | Controlled Substances Act. |
11 | | (c) Nothing in this Act shall be construed to limit the |
12 | | delegation of tasks or duties by a physician to a licensed |
13 | | practical nurse, a registered professional nurse, or other |
14 | | persons. Nothing in this Act shall be construed to limit the |
15 | | method of delegation that may be authorized by any means, |
16 | | including, but not limited to, oral, written, electronic, |
17 | | standing orders, protocols, guidelines, or verbal orders. |
18 | | Nothing in this Act shall be construed to authorize a |
19 | | physician assistant to provide health care services required |
20 | | by law or rule to be performed by a physician. Nothing in this |
21 | | Act shall be construed to authorize the delegation or |
22 | | performance of operative surgery. Nothing in this Section |
23 | | shall be construed to preclude a physician assistant from |
24 | | assisting in surgery. |
25 | | (c-5) Nothing in this Section shall be construed to apply |
26 | | to any medication authority, including Schedule II controlled |
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1 | | substances of a licensed physician assistant for care provided |
2 | | in a hospital, hospital affiliate, federally qualified health |
3 | | center, or ambulatory surgical treatment center pursuant to |
4 | | Section 7.7 of this Act , or to a physician assistant |
5 | | satisfying the requirements of Section 7.9 . |
6 | | (d) (Blank). |
7 | | (e) Nothing in this Section shall be construed to prohibit |
8 | | generic substitution. |
9 | | (f) Delegation of prescriptive authority by a physician is |
10 | | not required under this Section. |
11 | | (Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24; |
12 | | revised 9-21-23.) |
13 | | (225 ILCS 95/7.7) |
14 | | (Text of Section before amendment by P.A. 103-65 ) |
15 | | (Section scheduled to be repealed on January 1, 2028) |
16 | | Sec. 7.7. Physician assistants in hospitals, hospital |
17 | | affiliates, or ambulatory surgical treatment centers. |
18 | | (a) A physician assistant may provide services in a |
19 | | hospital as defined in the Hospital Licensing Act, a hospital |
20 | | affiliate as defined in the University of Illinois Hospital |
21 | | Act, or a licensed ambulatory surgical treatment center as |
22 | | defined in the Ambulatory Surgical Treatment Center Act |
23 | | without a written collaborative agreement pursuant to Section |
24 | | 7.5 of this Act. A physician assistant must possess clinical |
25 | | privileges recommended by the hospital medical staff and |
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1 | | granted by the hospital or the consulting medical staff |
2 | | committee and ambulatory surgical treatment center in order to |
3 | | provide services. The medical staff or consulting medical |
4 | | staff committee shall periodically review the services of |
5 | | physician assistants granted clinical privileges, including |
6 | | any care provided in a hospital affiliate. Authority may also |
7 | | be granted when recommended by the hospital medical staff and |
8 | | granted by the hospital or recommended by the consulting |
9 | | medical staff committee and ambulatory surgical treatment |
10 | | center to individual physician assistants to select, order, |
11 | | and administer medications, including controlled substances, |
12 | | to provide delineated care. In a hospital, hospital affiliate, |
13 | | or ambulatory surgical treatment center, the attending |
14 | | physician shall determine a physician assistant's role in |
15 | | providing care for his or her patients, except as otherwise |
16 | | provided in the medical staff bylaws or consulting committee |
17 | | policies. |
18 | | (a-5) Physician assistants practicing in a hospital |
19 | | affiliate may be, but are not required to be, granted |
20 | | authority to prescribe Schedule II through V controlled |
21 | | substances when such authority is recommended by the |
22 | | appropriate physician committee of the hospital affiliate and |
23 | | granted by the hospital affiliate. This authority may, but is |
24 | | not required to, include prescription of, selection of, orders |
25 | | for, administration of, storage of, acceptance of samples of, |
26 | | and dispensing over-the-counter medications, legend drugs, |
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1 | | medical gases, and controlled substances categorized as |
2 | | Schedule II through V controlled substances, as defined in |
3 | | Article II of the Illinois Controlled Substances Act, and |
4 | | other preparations, including, but not limited to, botanical |
5 | | and herbal remedies. |
6 | | To prescribe controlled substances under this subsection |
7 | | (a-5), a physician assistant must obtain a mid-level |
8 | | practitioner controlled substance license. Medication orders |
9 | | shall be reviewed periodically by the appropriate hospital |
10 | | affiliate physicians committee or its physician designee. |
11 | | The hospital affiliate shall file with the Department |
12 | | notice of a grant of prescriptive authority consistent with |
13 | | this subsection (a-5) and termination of such a grant of |
14 | | authority in accordance with rules of the Department. Upon |
15 | | receipt of this notice of grant of authority to prescribe any |
16 | | Schedule II through V controlled substances, the licensed |
17 | | physician assistant may register for a mid-level practitioner |
18 | | controlled substance license under Section 303.05 of the |
19 | | Illinois Controlled Substances Act. |
20 | | In addition, a hospital affiliate may, but is not required |
21 | | to, grant authority to a physician assistant to prescribe any |
22 | | Schedule II controlled substances if all of the following |
23 | | conditions apply: |
24 | | (1) specific Schedule II controlled substances by oral |
25 | | dosage or topical or transdermal application may be |
26 | | designated, provided that the designated Schedule II |
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1 | | controlled substances are routinely prescribed by |
2 | | physician assistants in their area of certification; this |
3 | | grant of authority must identify the specific Schedule II |
4 | | controlled substances by either brand name or generic |
5 | | name; authority to prescribe or dispense Schedule II |
6 | | controlled substances to be delivered by injection or |
7 | | other route of administration may not be granted; |
8 | | (2) any grant of authority must be controlled |
9 | | substances limited to the practice of the physician |
10 | | assistant; |
11 | | (3) any prescription must be limited to no more than a |
12 | | 30-day supply; |
13 | | (4) the physician assistant must discuss the condition |
14 | | of any patients for whom a controlled substance is |
15 | | prescribed monthly with the appropriate physician |
16 | | committee of the hospital affiliate or its physician |
17 | | designee; and |
18 | | (5) the physician assistant must meet the education |
19 | | requirements of Section 303.05 of the Illinois Controlled |
20 | | Substances Act. |
21 | | (b) A physician assistant granted authority to order |
22 | | medications including controlled substances may complete |
23 | | discharge prescriptions provided the prescription is in the |
24 | | name of the physician assistant and the attending or |
25 | | discharging physician. |
26 | | (c) Physician assistants practicing in a hospital, |
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1 | | hospital affiliate, or an ambulatory surgical treatment center |
2 | | are not required to obtain a mid-level controlled substance |
3 | | license to order controlled substances under Section 303.05 of |
4 | | the Illinois Controlled Substances Act. |
5 | | (Source: P.A. 100-453, eff. 8-25-17.) |
6 | | (Text of Section after amendment by P.A. 103-65 ) |
7 | | (Section scheduled to be repealed on January 1, 2028) |
8 | | Sec. 7.7. Physician assistants in hospitals, hospital |
9 | | affiliates, federally qualified health centers, or ambulatory |
10 | | surgical treatment centers. |
11 | | (a) A physician assistant may provide services in a |
12 | | hospital as defined in the Hospital Licensing Act, a hospital |
13 | | affiliate as defined in the University of Illinois Hospital |
14 | | Act, a federally qualified health center, or a licensed |
15 | | ambulatory surgical treatment center as defined in the |
16 | | Ambulatory Surgical Treatment Center Act without a written |
17 | | collaborative agreement pursuant to Section 7.5 of this Act |
18 | | only in accordance with this Section. A physician assistant |
19 | | must possess clinical privileges recommended by (i) the |
20 | | hospital medical staff and granted by the hospital, (ii) the |
21 | | physician committee and federally qualified health center, or |
22 | | (iii) the consulting medical staff committee and ambulatory |
23 | | surgical treatment center in order to provide services. The |
24 | | medical staff, physician committee, or consulting medical |
25 | | staff committee shall periodically review the services of |
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1 | | physician assistants granted clinical privileges, including |
2 | | any care provided in a hospital affiliate or federally |
3 | | qualified health center. A physician assistant practicing |
4 | | under this Section may prescribe, select, order, and |
5 | | administer medications, including controlled substances. |
6 | | Authority may also be granted when recommended by the hospital |
7 | | medical staff and granted by the hospital, recommended by the |
8 | | physician committee and granted by the federally qualified |
9 | | health center, or recommended by the consulting medical staff |
10 | | committee and ambulatory surgical treatment center to |
11 | | individual physician assistants to select, order, and |
12 | | administer medications, including controlled substances, to |
13 | | provide delineated care. In a hospital, hospital affiliate, |
14 | | federally qualified health center, or ambulatory surgical |
15 | | treatment center, the attending physician shall determine a |
16 | | physician assistant's role in providing care for his or her |
17 | | patients, except as otherwise provided in the medical staff |
18 | | bylaws or consulting committee policies. |
19 | | (a-5) Physician assistants practicing in a hospital |
20 | | affiliate or a federally qualified health center may be, but |
21 | | are not required to be, granted authority to prescribe |
22 | | Schedule II through V controlled substances when such |
23 | | authority is recommended by the appropriate physician |
24 | | committee of the hospital affiliate and granted by the |
25 | | hospital affiliate or recommended by the physician committee |
26 | | of the federally qualified health center and granted by the |
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1 | | federally qualified health center . This authority may , but is |
2 | | not required to, include prescription of, selection of, orders |
3 | | for, administration of, storage of, acceptance of samples of, |
4 | | and dispensing over-the-counter medications, legend drugs, |
5 | | medical gases, and controlled substances categorized as |
6 | | Schedule II through V controlled substances, as defined in |
7 | | Article II of the Illinois Controlled Substances Act, and |
8 | | other preparations, including, but not limited to, botanical |
9 | | and herbal remedies. |
10 | | To prescribe controlled substances under this subsection |
11 | | (a-5), a physician assistant must obtain a mid-level |
12 | | practitioner controlled substance license. Medication orders |
13 | | shall be reviewed periodically by the appropriate hospital |
14 | | affiliate physicians committee or its physician designee or by |
15 | | the physician committee of a federally qualified health |
16 | | center. |
17 | | The hospital affiliate or federally qualified health |
18 | | center shall file with the Department notice of a grant of |
19 | | prescriptive authority consistent with this subsection (a-5) |
20 | | and termination of such a grant of authority in accordance |
21 | | with rules of the Department. Upon receipt of this notice of |
22 | | grant of authority to prescribe any Schedule II through V |
23 | | controlled substances, the licensed physician assistant may |
24 | | register for a mid-level practitioner controlled substance |
25 | | license under Section 303.05 of the Illinois Controlled |
26 | | Substances Act. |
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1 | | In addition, a hospital affiliate or a federally qualified |
2 | | health center may, but is not required to, grant authority to a |
3 | | physician assistant to prescribe any Schedule II controlled |
4 | | substances if all of the following conditions apply: |
5 | | (1) specific Schedule II controlled substances by oral |
6 | | dosage or topical or transdermal application may be |
7 | | designated, provided that the designated Schedule II |
8 | | controlled substances are routinely prescribed by |
9 | | physician assistants in their area of certification; this |
10 | | grant of authority must identify the specific Schedule II |
11 | | controlled substances by either brand name or generic |
12 | | name; authority to prescribe or dispense Schedule II |
13 | | controlled substances to be delivered by injection or |
14 | | other route of administration may not be granted; |
15 | | (2) any grant of authority must be controlled |
16 | | substances limited to the practice of the physician |
17 | | assistant; |
18 | | (3) any prescription must be limited to no more than a |
19 | | 30-day supply; |
20 | | (4) the physician assistant must discuss the condition |
21 | | of any patients for whom a controlled substance is |
22 | | prescribed monthly with the appropriate physician |
23 | | committee of the hospital affiliate or its physician |
24 | | designee, or the physician committee of a federally |
25 | | qualified health center; and |
26 | | (5) the physician assistant must meet the education |
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1 | | requirements of Section 303.05 of the Illinois Controlled |
2 | | Substances Act. |
3 | | (b) A physician assistant granted authority to order |
4 | | medications including controlled substances may complete |
5 | | discharge prescriptions provided the prescription is in the |
6 | | name of the physician assistant and the attending or |
7 | | discharging physician . |
8 | | (c) Physician assistants practicing in a hospital, |
9 | | hospital affiliate, federally qualified health center, or an |
10 | | ambulatory surgical treatment center are not required to |
11 | | obtain a mid-level controlled substance license to order |
12 | | controlled substances under Section 303.05 of the Illinois |
13 | | Controlled Substances Act. |
14 | | (d) Delegation of prescriptive authority by a physician is |
15 | | not required under this Section. |
16 | | (Source: P.A. 103-65, eff. 1-1-24.) |
17 | | (225 ILCS 95/7.8 new) |
18 | | Sec. 7.8. Prescriptive authority. A physician assistant |
19 | | may prescribe, dispense, order, administer, and procure drugs |
20 | | and medical devices without delegation of authority by a |
21 | | physician. The prescriptive authority may include prescribing |
22 | | Schedule II, III, IV, and V controlled substances. To |
23 | | prescribe Schedule II, III, IV, or V controlled substances |
24 | | under this Act, a physician assistant must obtain a mid-level |
25 | | practitioner controlled substances license. When a written |
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1 | | collaborative agreement is required under this Act, delegation |
2 | | of prescriptive authority by a physician is not required. |
3 | | (225 ILCS 95/7.9 new) |
4 | | Sec. 7.9. Optimal practice. |
5 | | (a) A physician assistant may practice without a written |
6 | | collaborative agreement as described in this Section. |
7 | | (b) A physician assistant who files with the Department a |
8 | | notarized attestation of completion of at least 250 hours of |
9 | | continuing education or training and at least 2,000 hours of |
10 | | clinical experience after first attaining national |
11 | | certification shall not require a written collaborative |
12 | | agreement. Documentation of successful completion shall be |
13 | | provided to the Department upon request. |
14 | | (c) The scope of practice of a physician assistant with |
15 | | optimal practice includes: |
16 | | (1) all matters defined as physician assistant |
17 | | practice; |
18 | | (2) practicing without a written collaborative |
19 | | agreement in all practice settings consistent with this |
20 | | Act; |
21 | | (3) authority to prescribe both legend drugs and |
22 | | Schedule II through V controlled substances, including |
23 | | prescription of, selection of, orders for, administration |
24 | | of, storage of, acceptance of samples of, and dispensing |
25 | | over-the-counter medications, legend drugs, and controlled |
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1 | | substances categorized as any Schedule II through V |
2 | | controlled substances, as defined in Article II of the |
3 | | Illinois Controlled Substances Act, and other |
4 | | preparations, including, but not limited to, botanical and |
5 | | herbal remedies; and |
6 | | (4) authority to obtain an Illinois controlled |
7 | | substance license and a federal Drug Enforcement |
8 | | Administration number. |
9 | | The scope of practice of a physician assistant does not |
10 | | include operative surgery. Nothing in this Section shall be |
11 | | construed to preclude a physician assistant from assisting in |
12 | | surgery or performing other procedures as privileged by the |
13 | | physician assistant's employer. |
14 | | (d) The Department may adopt rules necessary to administer |
15 | | this Section, including, but not limited to, requiring the |
16 | | completion of forms and the payment of fees. |
17 | | (e) Nothing in this Section shall be construed to prohibit |
18 | | a physician assistant's employer from requiring a physician |
19 | | assistant who satisfies the qualifications of subsection (b) |
20 | | to practice with a written collaborative agreement. |
21 | | (f) Nothing in this Act shall be construed to authorize a |
22 | | physician assistant with optimal practice authority to provide |
23 | | health care services required by law or rule to be performed by |
24 | | a physician. |
25 | | (225 ILCS 95/17) (from Ch. 111, par. 4617) |
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1 | | (Section scheduled to be repealed on January 1, 2028) |
2 | | Sec. 17. Inactive status. Any physician assistant who |
3 | | notified the Department in writing on forms prescribed by the |
4 | | Department, may elect to place his or her license on an |
5 | | inactive status and shall, subject to rules of the Department, |
6 | | be excused from payment of renewal fees until he or she |
7 | | notifies the Department in writing of his or her intention to |
8 | | restore the license. Any person who holds an active license or |
9 | | permit issued under the Medical Practice Act of 1987 shall |
10 | | have that license or permit automatically placed into inactive |
11 | | status upon issuance of a physician assistant license. Any |
12 | | person who holds an active license as a physician assistant |
13 | | who is issued a license or permit under the Medical Practice |
14 | | Act of 1987 shall have the physician assistant license |
15 | | automatically placed into inactive status. |
16 | | Any physician assistant requesting restoration from |
17 | | inactive status shall be required to pay the current renewal |
18 | | fee and shall be required to restore his or her license, as |
19 | | provided in Section 16 of this Act. |
20 | | Any physician assistant whose license is in an inactive |
21 | | status shall not practice in the State of Illinois. |
22 | | Any licensee who shall engage in practice while his or her |
23 | | license is lapsed or on inactive status shall be considered to |
24 | | be practicing without a license, which shall be grounds for |
25 | | discipline under Section 21 of this Act. |
26 | | (Source: P.A. 90-61, eff. 12-30-97 .) |
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1 | | (225 ILCS 95/20) (from Ch. 111, par. 4620) |
2 | | (Section scheduled to be repealed on January 1, 2028) |
3 | | Sec. 20. Limitations. |
4 | | (a) No corporation, which stated purpose includes, or |
5 | | which practices, or which holds itself out as available to |
6 | | practice as a physician assistant or to practice any of the |
7 | | functions described in Section 4 of this Act, shall be issued a |
8 | | license by the Department, nor shall the Secretary of State |
9 | | approve or accept articles of incorporation for such a |
10 | | corporation. |
11 | | (b) Pursuant to subparagraph (a) of paragraph (2) of |
12 | | Section 3.6 of the Professional Service Corporation Act and |
13 | | Section 2 of the Medical Corporation Act, a person licensed |
14 | | under this Act may not own a corporation for the purposes of |
15 | | practicing medicine. |
16 | | (c) Pursuant to paragraph (2) of subsection (a) of Section |
17 | | 13 of the Professional Limited Liability Company Act, a person |
18 | | licensed under this Act may not own a professional limited |
19 | | liability company for the purposes of practicing medicine. |
20 | | (Source: P.A. 85-981 .) |
21 | | (225 ILCS 95/21) (from Ch. 111, par. 4621) |
22 | | (Section scheduled to be repealed on January 1, 2028) |
23 | | Sec. 21. Grounds for disciplinary action. |
24 | | (a) The Department may refuse to issue or to renew, or may |
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1 | | revoke, suspend, place on probation, reprimand, or take other |
2 | | disciplinary or non-disciplinary action with regard to any |
3 | | license issued under this Act as the Department may deem |
4 | | proper, including the issuance of fines not to exceed $10,000 |
5 | | for each violation, for any one or combination of the |
6 | | following causes: |
7 | | (1) Material misstatement in furnishing information to |
8 | | the Department. |
9 | | (2) Violations of this Act, or the rules adopted under |
10 | | this Act. |
11 | | (3) Conviction by plea of guilty or nolo contendere, |
12 | | finding of guilt, jury verdict, or entry of judgment or |
13 | | sentencing, including, but not limited to, convictions, |
14 | | preceding sentences of supervision, conditional discharge, |
15 | | or first offender probation, under the laws of any |
16 | | jurisdiction of the United States that is: (i) a felony; |
17 | | or (ii) a misdemeanor, an essential element of which is |
18 | | dishonesty, or that is directly related to the practice of |
19 | | the profession. |
20 | | (4) Making any misrepresentation for the purpose of |
21 | | obtaining licenses. |
22 | | (5) Professional incompetence. |
23 | | (6) Aiding or assisting another person in violating |
24 | | any provision of this Act or its rules. |
25 | | (7) Failing, within 60 days, to provide information in |
26 | | response to a written request made by the Department. |
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1 | | (8) Engaging in dishonorable, unethical, or |
2 | | unprofessional conduct, as defined by rule, of a character |
3 | | likely to deceive, defraud, or harm the public. |
4 | | (9) Habitual or excessive use or addiction to alcohol, |
5 | | narcotics, stimulants, or any other chemical agent or drug |
6 | | that results in a physician assistant's inability to |
7 | | practice with reasonable judgment, skill, or safety. |
8 | | (10) Discipline by another U.S. jurisdiction or |
9 | | foreign nation, if at least one of the grounds for |
10 | | discipline is the same or substantially equivalent to |
11 | | those set forth in this Section. |
12 | | (11) Directly or indirectly giving to or receiving |
13 | | from any person, firm, corporation, partnership, or |
14 | | association any fee, commission, rebate or other form of |
15 | | compensation for any professional services not actually or |
16 | | personally rendered. Nothing in this paragraph (11) |
17 | | affects any bona fide independent contractor or employment |
18 | | arrangements, which may include provisions for |
19 | | compensation, health insurance, pension, or other |
20 | | employment benefits, with persons or entities authorized |
21 | | under this Act for the provision of services within the |
22 | | scope of the licensee's practice under this Act. |
23 | | (12) A finding by the Board that the licensee, after |
24 | | having his or her license placed on probationary status, |
25 | | has violated the terms of probation. |
26 | | (13) Abandonment of a patient. |
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1 | | (14) Willfully making or filing false records or |
2 | | reports in his or her practice, including , but not limited |
3 | | to , false records filed with State agencies or |
4 | | departments. |
5 | | (15) Willfully failing to report an instance of |
6 | | suspected child abuse or neglect as required by the Abused |
7 | | and Neglected Child Reporting Act. |
8 | | (16) Physical illness, or mental illness or impairment |
9 | | that results in the inability to practice the profession |
10 | | with reasonable judgment, skill, or safety, including, but |
11 | | not limited to, deterioration through the aging process or |
12 | | loss of motor skill. |
13 | | (17) Being named as a perpetrator in an indicated |
14 | | report by the Department of Children and Family Services |
15 | | under the Abused and Neglected Child Reporting Act, and |
16 | | upon proof by clear and convincing evidence that the |
17 | | licensee has caused a child to be an abused child or |
18 | | neglected child as defined in the Abused and Neglected |
19 | | Child Reporting Act. |
20 | | (18) (Blank). |
21 | | (19) Gross negligence resulting in permanent injury or |
22 | | death of a patient. |
23 | | (20) Employment of fraud, deception or any unlawful |
24 | | means in applying for or securing a license as a physician |
25 | | assistant. |
26 | | (21) Exceeding the authority delegated to him or her |
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1 | | by his or her collaborating physician in a written |
2 | | collaborative agreement , when the agreement is required |
3 | | under this Act . |
4 | | (22) Immoral conduct in the commission of any act, |
5 | | such as sexual abuse, sexual misconduct, or sexual |
6 | | exploitation related to the licensee's practice. |
7 | | (23) Violation of the Health Care Worker Self-Referral |
8 | | Act. |
9 | | (24) Practicing under a false or assumed name, except |
10 | | as provided by law. |
11 | | (25) Making a false or misleading statement regarding |
12 | | his or her skill or the efficacy or value of the medicine, |
13 | | treatment, or remedy prescribed by him or her in the |
14 | | course of treatment. |
15 | | (26) Allowing another person to use his or her license |
16 | | to practice. |
17 | | (27) Prescribing, selling, administering, |
18 | | distributing, giving, or self-administering a drug |
19 | | classified as a controlled substance for other than |
20 | | medically accepted therapeutic purposes. |
21 | | (28) Promotion of the sale of drugs, devices, |
22 | | appliances, or goods provided for a patient in a manner to |
23 | | exploit the patient for financial gain. |
24 | | (29) A pattern of practice or other behavior that |
25 | | demonstrates incapacity or incompetence to practice under |
26 | | this Act. |
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1 | | (30) Violating State or federal laws or regulations |
2 | | relating to controlled substances or other legend drugs or |
3 | | ephedra as defined in the Ephedra Prohibition Act. |
4 | | (31) (Blank). Exceeding the prescriptive authority |
5 | | delegated by the collaborating physician or violating the |
6 | | written collaborative agreement delegating that authority. |
7 | | (32) (Blank). Practicing without providing to the |
8 | | Department a notice of collaboration or delegation of |
9 | | prescriptive authority. |
10 | | (33) Failure to establish and maintain records of |
11 | | patient care and treatment as required by law. |
12 | | (34) Attempting to subvert or cheat on the examination |
13 | | of the National Commission on Certification of Physician |
14 | | Assistants or its successor agency. |
15 | | (35) Willfully or negligently violating the |
16 | | confidentiality between physician assistant and patient, |
17 | | except as required by law. |
18 | | (36) Willfully failing to report an instance of |
19 | | suspected abuse, neglect, financial exploitation, or |
20 | | self-neglect of an eligible adult as defined in and |
21 | | required by the Adult Protective Services Act. |
22 | | (37) Being named as an abuser in a verified report by |
23 | | the Department on Aging under the Adult Protective |
24 | | Services Act and upon proof by clear and convincing |
25 | | evidence that the licensee abused, neglected, or |
26 | | financially exploited an eligible adult as defined in the |
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1 | | Adult Protective Services Act. |
2 | | (38) Failure to report to the Department an adverse |
3 | | final action taken against him or her by another licensing |
4 | | jurisdiction of the United States or a foreign state or |
5 | | country, a peer review body, a health care institution, a |
6 | | professional society or association, a governmental |
7 | | agency, a law enforcement agency, or a court acts or |
8 | | conduct similar to acts or conduct that would constitute |
9 | | grounds for action under this Section. |
10 | | (39) Failure to provide copies of records of patient |
11 | | care or treatment, except as required by law. |
12 | | (40) (Blank). Entering into an excessive number of |
13 | | written collaborative agreements with licensed physicians |
14 | | resulting in an inability to adequately collaborate. |
15 | | (41) (Blank). Repeated failure to adequately |
16 | | collaborate with a collaborating physician. |
17 | | (42) Violating the Compassionate Use of Medical |
18 | | Cannabis Program Act. |
19 | | (b) The Department may, without a hearing, refuse to issue |
20 | | or renew or may suspend the license of any person who fails to |
21 | | file a return, or to pay the tax, penalty or interest shown in |
22 | | a filed return, or to pay any final assessment of the tax, |
23 | | penalty, or interest as required by any tax Act administered |
24 | | by the Illinois Department of Revenue, until such time as the |
25 | | requirements of any such tax Act are satisfied. |
26 | | (b-5) The Department shall not revoke, suspend, summarily |
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1 | | suspend, place on prohibition, reprimand, refuse to issue or |
2 | | renew, or take any other disciplinary or non-disciplinary |
3 | | action against the license or permit issued under this Act to |
4 | | practice as a physician assistant based solely upon the |
5 | | physician assistant providing, authorizing, recommending, |
6 | | aiding, assisting, referring for, or otherwise participating |
7 | | in any health care service, so long as the care was not |
8 | | unlawful under the laws of this State, regardless of whether |
9 | | the patient was a resident of this State or another state. |
10 | | (b-10) The Department shall not revoke, suspend, summarily |
11 | | suspend, place on prohibition, reprimand, refuse to issue or |
12 | | renew, or take any other disciplinary or non-disciplinary |
13 | | action against the license or permit issued under this Act to |
14 | | practice as a physician assistant based upon the physician |
15 | | assistant's license being revoked or suspended, or the |
16 | | physician assistant being otherwise disciplined by any other |
17 | | state, if that revocation, suspension, or other form of |
18 | | discipline was based solely on the physician assistant |
19 | | violating another state's laws prohibiting the provision of, |
20 | | authorization of, recommendation of, aiding or assisting in, |
21 | | referring for, or participation in any health care service if |
22 | | that health care service as provided would not have been |
23 | | unlawful under the laws of this State and is consistent with |
24 | | the standards of conduct for a physician assistant practicing |
25 | | in Illinois. |
26 | | (b-15) The conduct specified in subsections (b-5) and |
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1 | | (b-10) shall not constitute grounds for suspension under |
2 | | Section 22.13. |
3 | | (b-20) An applicant seeking licensure, certification, or |
4 | | authorization pursuant to this Act who has been subject to |
5 | | disciplinary action by a duly authorized professional |
6 | | disciplinary agency of another jurisdiction solely on the |
7 | | basis of having provided, authorized, recommended, aided, |
8 | | assisted, referred for, or otherwise participated in health |
9 | | care shall not be denied such licensure, certification, or |
10 | | authorization, unless the Department determines that such |
11 | | action would have constituted professional misconduct in this |
12 | | State; however, nothing in this Section shall be construed as |
13 | | prohibiting the Department from evaluating the conduct of such |
14 | | applicant and making a determination regarding the licensure, |
15 | | certification, or authorization to practice a profession under |
16 | | this Act. |
17 | | (c) The determination by a circuit court that a licensee |
18 | | is subject to involuntary admission or judicial admission as |
19 | | provided in the Mental Health and Developmental Disabilities |
20 | | Code operates as an automatic suspension. The suspension will |
21 | | end only upon a finding by a court that the patient is no |
22 | | longer subject to involuntary admission or judicial admission |
23 | | and issues an order so finding and discharging the patient, |
24 | | and upon the recommendation of the Board to the Secretary that |
25 | | the licensee be allowed to resume his or her practice. |
26 | | (d) In enforcing this Section, the Department upon a |
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1 | | showing of a possible violation may compel an individual |
2 | | licensed to practice under this Act, or who has applied for |
3 | | licensure under this Act, to submit to a mental or physical |
4 | | examination, or both, which may include a substance abuse or |
5 | | sexual offender evaluation, as required by and at the expense |
6 | | of the Department. |
7 | | The Department shall specifically designate the examining |
8 | | physician licensed to practice medicine in all of its branches |
9 | | or, if applicable, the multidisciplinary team involved in |
10 | | providing the mental or physical examination or both. The |
11 | | multidisciplinary team shall be led by a physician licensed to |
12 | | practice medicine in all of its branches and may consist of one |
13 | | or more or a combination of physicians licensed to practice |
14 | | medicine in all of its branches, licensed clinical |
15 | | psychologists, licensed clinical social workers, licensed |
16 | | clinical professional counselors, and other professional and |
17 | | administrative staff. Any examining physician or member of the |
18 | | multidisciplinary team may require any person ordered to |
19 | | submit to an examination pursuant to this Section to submit to |
20 | | any additional supplemental testing deemed necessary to |
21 | | complete any examination or evaluation process, including, but |
22 | | not limited to, blood testing, urinalysis, psychological |
23 | | testing, or neuropsychological testing. |
24 | | The Department may order the examining physician or any |
25 | | member of the multidisciplinary team to provide to the |
26 | | Department any and all records, including business records, |
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1 | | that relate to the examination and evaluation, including any |
2 | | supplemental testing performed. |
3 | | The Department may order the examining physician or any |
4 | | member of the multidisciplinary team to present testimony |
5 | | concerning the mental or physical examination of the licensee |
6 | | or applicant. No information, report, record, or other |
7 | | documents in any way related to the examination shall be |
8 | | excluded by reason of any common law or statutory privilege |
9 | | relating to communications between the licensee or applicant |
10 | | and the examining physician or any member of the |
11 | | multidisciplinary team. No authorization is necessary from the |
12 | | licensee or applicant ordered to undergo an examination for |
13 | | the examining physician or any member of the multidisciplinary |
14 | | team to provide information, reports, records, or other |
15 | | documents or to provide any testimony regarding the |
16 | | examination and evaluation. |
17 | | The individual to be examined may have, at his or her own |
18 | | expense, another physician of his or her choice present during |
19 | | all aspects of this examination. However, that physician shall |
20 | | be present only to observe and may not interfere in any way |
21 | | with the examination. |
22 | | Failure of an individual to submit to a mental or physical |
23 | | examination, when ordered, shall result in an automatic |
24 | | suspension of his or her license until the individual submits |
25 | | to the examination. |
26 | | If the Department finds an individual unable to practice |
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1 | | because of the reasons set forth in this Section, the |
2 | | Department may require that individual to submit to care, |
3 | | counseling, or treatment by physicians approved or designated |
4 | | by the Department, as a condition, term, or restriction for |
5 | | continued, reinstated, or renewed licensure to practice; or, |
6 | | in lieu of care, counseling, or treatment, the Department may |
7 | | file a complaint to immediately suspend, revoke, or otherwise |
8 | | discipline the license of the individual. An individual whose |
9 | | license was granted, continued, reinstated, renewed, |
10 | | disciplined, or supervised subject to such terms, conditions, |
11 | | or restrictions, and who fails to comply with such terms, |
12 | | conditions, or restrictions, shall be referred to the |
13 | | Secretary for a determination as to whether the individual |
14 | | shall have his or her license suspended immediately, pending a |
15 | | hearing by the Department. |
16 | | In instances in which the Secretary immediately suspends a |
17 | | person's license under this Section, a hearing on that |
18 | | person's license must be convened by the Department within 30 |
19 | | days after the suspension and completed without appreciable |
20 | | delay. The Department shall have the authority to review the |
21 | | subject individual's record of treatment and counseling |
22 | | regarding the impairment to the extent permitted by applicable |
23 | | federal statutes and regulations safeguarding the |
24 | | confidentiality of medical records. |
25 | | An individual licensed under this Act and affected under |
26 | | this Section shall be afforded an opportunity to demonstrate |
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1 | | to the Department that he or she can resume practice in |
2 | | compliance with acceptable and prevailing standards under the |
3 | | provisions of his or her license. |
4 | | (e) An individual or organization acting in good faith, |
5 | | and not in a willful and wanton manner, in complying with this |
6 | | Section by providing a report or other information to the |
7 | | Board, by assisting in the investigation or preparation of a |
8 | | report or information, by participating in proceedings of the |
9 | | Board, or by serving as a member of the Board, shall not be |
10 | | subject to criminal prosecution or civil damages as a result |
11 | | of such actions. |
12 | | (f) Members of the Board shall be indemnified by the State |
13 | | for any actions occurring within the scope of services on the |
14 | | Board, done in good faith and not willful and wanton in nature. |
15 | | The Attorney General shall defend all such actions unless he |
16 | | or she determines either that there would be a conflict of |
17 | | interest in such representation or that the actions complained |
18 | | of were not in good faith or were willful and wanton. |
19 | | If the Attorney General declines representation, the |
20 | | member has the right to employ counsel of his or her choice, |
21 | | whose fees shall be provided by the State, after approval by |
22 | | the Attorney General, unless there is a determination by a |
23 | | court that the member's actions were not in good faith or were |
24 | | willful and wanton. |
25 | | The member must notify the Attorney General within 7 days |
26 | | after receipt of notice of the initiation of any action |
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1 | | involving services of the Board. Failure to so notify the |
2 | | Attorney General constitutes an absolute waiver of the right |
3 | | to a defense and indemnification. |
4 | | The Attorney General shall determine, within 7 days after |
5 | | receiving such notice, whether he or she will undertake to |
6 | | represent the member. |
7 | | (g) The Department may adopt rules to implement the |
8 | | changes made by this amendatory Act of the 102nd General |
9 | | Assembly. |
10 | | (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21; |
11 | | 102-1117, eff. 1-13-23.) |
12 | | Section 10. The Illinois Controlled Substances Act is |
13 | | amended by changing Sections 102 and 303.05 as follows: |
14 | | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) |
15 | | Sec. 102. Definitions. As used in this Act, unless the |
16 | | context otherwise requires: |
17 | | (a) "Addict" means any person who habitually uses any |
18 | | drug, chemical, substance or dangerous drug other than alcohol |
19 | | so as to endanger the public morals, health, safety or welfare |
20 | | or who is so far addicted to the use of a dangerous drug or |
21 | | controlled substance other than alcohol as to have lost the |
22 | | power of self control with reference to his or her addiction. |
23 | | (b) "Administer" means the direct application of a |
24 | | controlled substance, whether by injection, inhalation, |
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1 | | ingestion, or any other means, to the body of a patient, |
2 | | research subject, or animal (as defined by the Humane |
3 | | Euthanasia in Animal Shelters Act) by: |
4 | | (1) a practitioner (or, in his or her presence, by his |
5 | | or her authorized agent), |
6 | | (2) the patient or research subject pursuant to an |
7 | | order, or |
8 | | (3) a euthanasia technician as defined by the Humane |
9 | | Euthanasia in Animal Shelters Act. |
10 | | (c) "Agent" means an authorized person who acts on behalf |
11 | | of or at the direction of a manufacturer, distributor, |
12 | | dispenser, prescriber, or practitioner. It does not include a |
13 | | common or contract carrier, public warehouseman or employee of |
14 | | the carrier or warehouseman. |
15 | | (c-1) "Anabolic Steroids" means any drug or hormonal |
16 | | substance, chemically and pharmacologically related to |
17 | | testosterone (other than estrogens, progestins, |
18 | | corticosteroids, and dehydroepiandrosterone), and includes: |
19 | | (i) 3[beta],17-dihydroxy-5a-androstane, |
20 | | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, |
21 | | (iii) 5[alpha]-androstan-3,17-dione, |
22 | | (iv) 1-androstenediol (3[beta], |
23 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), |
24 | | (v) 1-androstenediol (3[alpha], |
25 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), |
26 | | (vi) 4-androstenediol |
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1 | | (3[beta],17[beta]-dihydroxy-androst-4-ene), |
2 | | (vii) 5-androstenediol |
3 | | (3[beta],17[beta]-dihydroxy-androst-5-ene), |
4 | | (viii) 1-androstenedione |
5 | | ([5alpha]-androst-1-en-3,17-dione), |
6 | | (ix) 4-androstenedione |
7 | | (androst-4-en-3,17-dione), |
8 | | (x) 5-androstenedione |
9 | | (androst-5-en-3,17-dione), |
10 | | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- |
11 | | hydroxyandrost-4-en-3-one), |
12 | | (xii) boldenone (17[beta]-hydroxyandrost- |
13 | | 1,4,-diene-3-one), |
14 | | (xiii) boldione (androsta-1,4- |
15 | | diene-3,17-dione), |
16 | | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 |
17 | | [beta]-hydroxyandrost-4-en-3-one), |
18 | | (xv) clostebol (4-chloro-17[beta]- |
19 | | hydroxyandrost-4-en-3-one), |
20 | | (xvi) dehydrochloromethyltestosterone (4-chloro- |
21 | | 17[beta]-hydroxy-17[alpha]-methyl- |
22 | | androst-1,4-dien-3-one), |
23 | | (xvii) desoxymethyltestosterone |
24 | | (17[alpha]-methyl-5[alpha] |
25 | | -androst-2-en-17[beta]-ol)(a.k.a., madol), |
26 | | (xviii) [delta]1-dihydrotestosterone (a.k.a. |
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1 | | '1-testosterone') (17[beta]-hydroxy- |
2 | | 5[alpha]-androst-1-en-3-one), |
3 | | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- |
4 | | androstan-3-one), |
5 | | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- |
6 | | 5[alpha]-androstan-3-one), |
7 | | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- |
8 | | hydroxyestr-4-ene), |
9 | | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- |
10 | | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), |
11 | | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], |
12 | | 17[beta]-dihydroxyandrost-1,4-dien-3-one), |
13 | | (xxiv) furazabol (17[alpha]-methyl-17[beta]- |
14 | | hydroxyandrostano[2,3-c]-furazan), |
15 | | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, |
16 | | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- |
17 | | androst-4-en-3-one), |
18 | | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- |
19 | | dihydroxy-estr-4-en-3-one), |
20 | | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- |
21 | | hydroxy-5-androstan-3-one), |
22 | | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- |
23 | | [5a]-androstan-3-one), |
24 | | (xxx) methandienone (17[alpha]-methyl-17[beta]- |
25 | | hydroxyandrost-1,4-dien-3-one), |
26 | | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- |
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1 | | dihydroxyandrost-5-ene), |
2 | | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- |
3 | | 5[alpha]-androst-1-en-3-one), |
4 | | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- |
5 | | dihydroxy-5a-androstane, |
6 | | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy |
7 | | -5a-androstane, |
8 | | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- |
9 | | dihydroxyandrost-4-ene), |
10 | | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- |
11 | | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), |
12 | | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- |
13 | | hydroxyestra-4,9(10)-dien-3-one), |
14 | | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- |
15 | | hydroxyestra-4,9-11-trien-3-one), |
16 | | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- |
17 | | hydroxyandrost-4-en-3-one), |
18 | | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- |
19 | | hydroxyestr-4-en-3-one), |
20 | | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone |
21 | | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- |
22 | | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- |
23 | | 1-testosterone'), |
24 | | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), |
25 | | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- |
26 | | dihydroxyestr-4-ene), |
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1 | | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- |
2 | | dihydroxyestr-4-ene), |
3 | | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- |
4 | | dihydroxyestr-5-ene), |
5 | | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- |
6 | | dihydroxyestr-5-ene), |
7 | | (xlvii) 19-nor-4,9(10)-androstadienedione |
8 | | (estra-4,9(10)-diene-3,17-dione), |
9 | | (xlviii) 19-nor-4-androstenedione (estr-4- |
10 | | en-3,17-dione), |
11 | | (xlix) 19-nor-5-androstenedione (estr-5- |
12 | | en-3,17-dione), |
13 | | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- |
14 | | hydroxygon-4-en-3-one), |
15 | | (li) norclostebol (4-chloro-17[beta]- |
16 | | hydroxyestr-4-en-3-one), |
17 | | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- |
18 | | hydroxyestr-4-en-3-one), |
19 | | (liii) normethandrolone (17[alpha]-methyl-17[beta]- |
20 | | hydroxyestr-4-en-3-one), |
21 | | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- |
22 | | 2-oxa-5[alpha]-androstan-3-one), |
23 | | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- |
24 | | dihydroxyandrost-4-en-3-one), |
25 | | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- |
26 | | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), |
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1 | | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- |
2 | | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), |
3 | | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- |
4 | | (5[alpha]-androst-1-en-3-one), |
5 | | (lix) testolactone (13-hydroxy-3-oxo-13,17- |
6 | | secoandrosta-1,4-dien-17-oic |
7 | | acid lactone), |
8 | | (lx) testosterone (17[beta]-hydroxyandrost- |
9 | | 4-en-3-one), |
10 | | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- |
11 | | diethyl-17[beta]-hydroxygon- |
12 | | 4,9,11-trien-3-one), |
13 | | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, |
14 | | 11-trien-3-one). |
15 | | Any person who is otherwise lawfully in possession of an |
16 | | anabolic steroid, or who otherwise lawfully manufactures, |
17 | | distributes, dispenses, delivers, or possesses with intent to |
18 | | deliver an anabolic steroid, which anabolic steroid is |
19 | | expressly intended for and lawfully allowed to be administered |
20 | | through implants to livestock or other nonhuman species, and |
21 | | which is approved by the Secretary of Health and Human |
22 | | Services for such administration, and which the person intends |
23 | | to administer or have administered through such implants, |
24 | | shall not be considered to be in unauthorized possession or to |
25 | | unlawfully manufacture, distribute, dispense, deliver, or |
26 | | possess with intent to deliver such anabolic steroid for |
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1 | | purposes of this Act. |
2 | | (d) "Administration" means the Drug Enforcement |
3 | | Administration, United States Department of Justice, or its |
4 | | successor agency. |
5 | | (d-5) "Clinical Director, Prescription Monitoring Program" |
6 | | means a Department of Human Services administrative employee |
7 | | licensed to either prescribe or dispense controlled substances |
8 | | who shall run the clinical aspects of the Department of Human |
9 | | Services Prescription Monitoring Program and its Prescription |
10 | | Information Library. |
11 | | (d-10) "Compounding" means the preparation and mixing of |
12 | | components, excluding flavorings, (1) as the result of a |
13 | | prescriber's prescription drug order or initiative based on |
14 | | the prescriber-patient-pharmacist relationship in the course |
15 | | of professional practice or (2) for the purpose of, or |
16 | | incident to, research, teaching, or chemical analysis and not |
17 | | for sale or dispensing. "Compounding" includes the preparation |
18 | | of drugs or devices in anticipation of receiving prescription |
19 | | drug orders based on routine, regularly observed dispensing |
20 | | patterns. Commercially available products may be compounded |
21 | | for dispensing to individual patients only if both of the |
22 | | following conditions are met: (i) the commercial product is |
23 | | not reasonably available from normal distribution channels in |
24 | | a timely manner to meet the patient's needs and (ii) the |
25 | | prescribing practitioner has requested that the drug be |
26 | | compounded. |
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1 | | (e) "Control" means to add a drug or other substance, or |
2 | | immediate precursor, to a Schedule whether by transfer from |
3 | | another Schedule or otherwise. |
4 | | (f) "Controlled Substance" means (i) a drug, substance, |
5 | | immediate precursor, or synthetic drug in the Schedules of |
6 | | Article II of this Act or (ii) a drug or other substance, or |
7 | | immediate precursor, designated as a controlled substance by |
8 | | the Department through administrative rule. The term does not |
9 | | include distilled spirits, wine, malt beverages, or tobacco, |
10 | | as those terms are defined or used in the Liquor Control Act of |
11 | | 1934 and the Tobacco Products Tax Act of 1995. |
12 | | (f-5) "Controlled substance analog" means a substance: |
13 | | (1) the chemical structure of which is substantially |
14 | | similar to the chemical structure of a controlled |
15 | | substance in Schedule I or II; |
16 | | (2) which has a stimulant, depressant, or |
17 | | hallucinogenic effect on the central nervous system that |
18 | | is substantially similar to or greater than the stimulant, |
19 | | depressant, or hallucinogenic effect on the central |
20 | | nervous system of a controlled substance in Schedule I or |
21 | | II; or |
22 | | (3) with respect to a particular person, which such |
23 | | person represents or intends to have a stimulant, |
24 | | depressant, or hallucinogenic effect on the central |
25 | | nervous system that is substantially similar to or greater |
26 | | than the stimulant, depressant, or hallucinogenic effect |
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1 | | on the central nervous system of a controlled substance in |
2 | | Schedule I or II. |
3 | | (g) "Counterfeit substance" means a controlled substance, |
4 | | which, or the container or labeling of which, without |
5 | | authorization bears the trademark, trade name, or other |
6 | | identifying mark, imprint, number or device, or any likeness |
7 | | thereof, of a manufacturer, distributor, or dispenser other |
8 | | than the person who in fact manufactured, distributed, or |
9 | | dispensed the substance. |
10 | | (h) "Deliver" or "delivery" means the actual, constructive |
11 | | or attempted transfer of possession of a controlled substance, |
12 | | with or without consideration, whether or not there is an |
13 | | agency relationship. "Deliver" or "delivery" does not include |
14 | | the donation of drugs to the extent permitted under the |
15 | | Illinois Drug Reuse Opportunity Program Act. |
16 | | (i) "Department" means the Illinois Department of Human |
17 | | Services (as successor to the Department of Alcoholism and |
18 | | Substance Abuse) or its successor agency. |
19 | | (j) (Blank). |
20 | | (k) "Department of Corrections" means the Department of |
21 | | Corrections of the State of Illinois or its successor agency. |
22 | | (l) "Department of Financial and Professional Regulation" |
23 | | means the Department of Financial and Professional Regulation |
24 | | of the State of Illinois or its successor agency. |
25 | | (m) "Depressant" means any drug that (i) causes an overall |
26 | | depression of central nervous system functions, (ii) causes |
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1 | | impaired consciousness and awareness, and (iii) can be |
2 | | habit-forming or lead to a substance abuse problem, including, |
3 | | but not limited to, alcohol, cannabis and its active |
4 | | principles and their analogs, benzodiazepines and their |
5 | | analogs, barbiturates and their analogs, opioids (natural and |
6 | | synthetic) and their analogs, and chloral hydrate and similar |
7 | | sedative hypnotics. |
8 | | (n) (Blank). |
9 | | (o) "Director" means the Director of the Illinois State |
10 | | Police or his or her designated agents. |
11 | | (p) "Dispense" means to deliver a controlled substance to |
12 | | an ultimate user or research subject by or pursuant to the |
13 | | lawful order of a prescriber, including the prescribing, |
14 | | administering, packaging, labeling, or compounding necessary |
15 | | to prepare the substance for that delivery. |
16 | | (q) "Dispenser" means a practitioner who dispenses. |
17 | | (r) "Distribute" means to deliver, other than by |
18 | | administering or dispensing, a controlled substance. |
19 | | (s) "Distributor" means a person who distributes. |
20 | | (t) "Drug" means (1) substances recognized as drugs in the |
21 | | official United States Pharmacopoeia, Official Homeopathic |
22 | | Pharmacopoeia of the United States, or official National |
23 | | Formulary, or any supplement to any of them; (2) substances |
24 | | intended for use in diagnosis, cure, mitigation, treatment, or |
25 | | prevention of disease in man or animals; (3) substances (other |
26 | | than food) intended to affect the structure of any function of |
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1 | | the body of man or animals and (4) substances intended for use |
2 | | as a component of any article specified in clause (1), (2), or |
3 | | (3) of this subsection. It does not include devices or their |
4 | | components, parts, or accessories. |
5 | | (t-3) "Electronic health record" or "EHR" means an |
6 | | electronic record of health-related information on an |
7 | | individual that is created, gathered, managed, and consulted |
8 | | by authorized health care clinicians and staff. |
9 | | (t-3.5) "Electronic health record system" or "EHR system" |
10 | | means any computer-based system or combination of federally |
11 | | certified Health IT Modules (defined at 42 CFR 170.102 or its |
12 | | successor) used as a repository for electronic health records |
13 | | and accessed or updated by a prescriber or authorized |
14 | | surrogate in the ordinary course of his or her medical |
15 | | practice. For purposes of connecting to the Prescription |
16 | | Information Library maintained by the Bureau of Pharmacy and |
17 | | Clinical Support Systems or its successor, an EHR system may |
18 | | connect to the Prescription Information Library directly or |
19 | | through all or part of a computer program or system that is a |
20 | | federally certified Health IT Module maintained by a third |
21 | | party and used by the EHR system to secure access to the |
22 | | database. |
23 | | (t-4) "Emergency medical services personnel" has the |
24 | | meaning ascribed to it in the Emergency Medical Services (EMS) |
25 | | Systems Act. |
26 | | (t-5) "Euthanasia agency" means an entity certified by the |
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1 | | Department of Financial and Professional Regulation for the |
2 | | purpose of animal euthanasia that holds an animal control |
3 | | facility license or animal shelter license under the Animal |
4 | | Welfare Act. A euthanasia agency is authorized to purchase, |
5 | | store, possess, and utilize Schedule II nonnarcotic and |
6 | | Schedule III nonnarcotic drugs for the sole purpose of animal |
7 | | euthanasia. |
8 | | (t-10) "Euthanasia drugs" means Schedule II or Schedule |
9 | | III substances (nonnarcotic controlled substances) that are |
10 | | used by a euthanasia agency for the purpose of animal |
11 | | euthanasia. |
12 | | (u) "Good faith" means the prescribing or dispensing of a |
13 | | controlled substance by a practitioner in the regular course |
14 | | of professional treatment to or for any person who is under his |
15 | | or her treatment for a pathology or condition other than that |
16 | | individual's physical or psychological dependence upon or |
17 | | addiction to a controlled substance, except as provided |
18 | | herein: and application of the term to a pharmacist shall mean |
19 | | the dispensing of a controlled substance pursuant to the |
20 | | prescriber's order which in the professional judgment of the |
21 | | pharmacist is lawful. The pharmacist shall be guided by |
22 | | accepted professional standards, including, but not limited |
23 | | to, the following, in making the judgment: |
24 | | (1) lack of consistency of prescriber-patient |
25 | | relationship, |
26 | | (2) frequency of prescriptions for same drug by one |
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1 | | prescriber for large numbers of patients, |
2 | | (3) quantities beyond those normally prescribed, |
3 | | (4) unusual dosages (recognizing that there may be |
4 | | clinical circumstances where more or less than the usual |
5 | | dose may be used legitimately), |
6 | | (5) unusual geographic distances between patient, |
7 | | pharmacist and prescriber, |
8 | | (6) consistent prescribing of habit-forming drugs. |
9 | | (u-0.5) "Hallucinogen" means a drug that causes markedly |
10 | | altered sensory perception leading to hallucinations of any |
11 | | type. |
12 | | (u-1) "Home infusion services" means services provided by |
13 | | a pharmacy in compounding solutions for direct administration |
14 | | to a patient in a private residence, long-term care facility, |
15 | | or hospice setting by means of parenteral, intravenous, |
16 | | intramuscular, subcutaneous, or intraspinal infusion. |
17 | | (u-5) "Illinois State Police" means the Illinois State |
18 | | Police or its successor agency. |
19 | | (v) "Immediate precursor" means a substance: |
20 | | (1) which the Department has found to be and by rule |
21 | | designated as being a principal compound used, or produced |
22 | | primarily for use, in the manufacture of a controlled |
23 | | substance; |
24 | | (2) which is an immediate chemical intermediary used |
25 | | or likely to be used in the manufacture of such controlled |
26 | | substance; and |
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1 | | (3) the control of which is necessary to prevent, |
2 | | curtail or limit the manufacture of such controlled |
3 | | substance. |
4 | | (w) "Instructional activities" means the acts of teaching, |
5 | | educating or instructing by practitioners using controlled |
6 | | substances within educational facilities approved by the State |
7 | | Board of Education or its successor agency. |
8 | | (x) "Local authorities" means a duly organized State, |
9 | | County or Municipal peace unit or police force. |
10 | | (y) "Look-alike substance" means a substance, other than a |
11 | | controlled substance which (1) by overall dosage unit |
12 | | appearance, including shape, color, size, markings or lack |
13 | | thereof, taste, consistency, or any other identifying physical |
14 | | characteristic of the substance, would lead a reasonable |
15 | | person to believe that the substance is a controlled |
16 | | substance, or (2) is expressly or impliedly represented to be |
17 | | a controlled substance or is distributed under circumstances |
18 | | which would lead a reasonable person to believe that the |
19 | | substance is a controlled substance. For the purpose of |
20 | | determining whether the representations made or the |
21 | | circumstances of the distribution would lead a reasonable |
22 | | person to believe the substance to be a controlled substance |
23 | | under this clause (2) of subsection (y), the court or other |
24 | | authority may consider the following factors in addition to |
25 | | any other factor that may be relevant: |
26 | | (a) statements made by the owner or person in control |
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1 | | of the substance concerning its nature, use or effect; |
2 | | (b) statements made to the buyer or recipient that the |
3 | | substance may be resold for profit; |
4 | | (c) whether the substance is packaged in a manner |
5 | | normally used for the illegal distribution of controlled |
6 | | substances; |
7 | | (d) whether the distribution or attempted distribution |
8 | | included an exchange of or demand for money or other |
9 | | property as consideration, and whether the amount of the |
10 | | consideration was substantially greater than the |
11 | | reasonable retail market value of the substance. |
12 | | Clause (1) of this subsection (y) shall not apply to a |
13 | | noncontrolled substance in its finished dosage form that was |
14 | | initially introduced into commerce prior to the initial |
15 | | introduction into commerce of a controlled substance in its |
16 | | finished dosage form which it may substantially resemble. |
17 | | Nothing in this subsection (y) prohibits the dispensing or |
18 | | distributing of noncontrolled substances by persons authorized |
19 | | to dispense and distribute controlled substances under this |
20 | | Act, provided that such action would be deemed to be carried |
21 | | out in good faith under subsection (u) if the substances |
22 | | involved were controlled substances. |
23 | | Nothing in this subsection (y) or in this Act prohibits |
24 | | the manufacture, preparation, propagation, compounding, |
25 | | processing, packaging, advertising or distribution of a drug |
26 | | or drugs by any person registered pursuant to Section 510 of |
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1 | | the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). |
2 | | (y-1) "Mail-order pharmacy" means a pharmacy that is |
3 | | located in a state of the United States that delivers, |
4 | | dispenses or distributes, through the United States Postal |
5 | | Service or other common carrier, to Illinois residents, any |
6 | | substance which requires a prescription. |
7 | | (z) "Manufacture" means the production, preparation, |
8 | | propagation, compounding, conversion or processing of a |
9 | | controlled substance other than methamphetamine, either |
10 | | directly or indirectly, by extraction from substances of |
11 | | natural origin, or independently by means of chemical |
12 | | synthesis, or by a combination of extraction and chemical |
13 | | synthesis, and includes any packaging or repackaging of the |
14 | | substance or labeling of its container, except that this term |
15 | | does not include: |
16 | | (1) by an ultimate user, the preparation or |
17 | | compounding of a controlled substance for his or her own |
18 | | use; |
19 | | (2) by a practitioner, or his or her authorized agent |
20 | | under his or her supervision, the preparation, |
21 | | compounding, packaging, or labeling of a controlled |
22 | | substance: |
23 | | (a) as an incident to his or her administering or |
24 | | dispensing of a controlled substance in the course of |
25 | | his or her professional practice; or |
26 | | (b) as an incident to lawful research, teaching or |
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1 | | chemical analysis and not for sale; or |
2 | | (3) the packaging, repackaging, or labeling of drugs |
3 | | only to the extent permitted under the Illinois Drug Reuse |
4 | | Opportunity Program Act. |
5 | | (z-1) (Blank). |
6 | | (z-5) "Medication shopping" means the conduct prohibited |
7 | | under subsection (a) of Section 314.5 of this Act. |
8 | | (z-10) "Mid-level practitioner" means (i) a physician |
9 | | assistant who has been delegated authority to prescribe |
10 | | through a written delegation of authority by a physician |
11 | | licensed to practice medicine in all of its branches, in |
12 | | accordance with Section 7.5 of the Physician Assistant |
13 | | Practice Act of 1987 , (ii) an advanced practice registered |
14 | | nurse who has been delegated authority to prescribe through a |
15 | | written delegation of authority by a physician licensed to |
16 | | practice medicine in all of its branches or by a podiatric |
17 | | physician, in accordance with Section 65-40 of the Nurse |
18 | | Practice Act, (iii) an advanced practice registered nurse |
19 | | certified as a nurse practitioner, nurse midwife, or clinical |
20 | | nurse specialist who has been granted authority to prescribe |
21 | | by a hospital affiliate in accordance with Section 65-45 of |
22 | | the Nurse Practice Act, (iv) an animal euthanasia agency, or |
23 | | (v) a prescribing psychologist. |
24 | | (aa) "Narcotic drug" means any of the following, whether |
25 | | produced directly or indirectly by extraction from substances |
26 | | of vegetable origin, or independently by means of chemical |
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1 | | synthesis, or by a combination of extraction and chemical |
2 | | synthesis: |
3 | | (1) opium, opiates, derivatives of opium and opiates, |
4 | | including their isomers, esters, ethers, salts, and salts |
5 | | of isomers, esters, and ethers, whenever the existence of |
6 | | such isomers, esters, ethers, and salts is possible within |
7 | | the specific chemical designation; however the term |
8 | | "narcotic drug" does not include the isoquinoline |
9 | | alkaloids of opium; |
10 | | (2) (blank); |
11 | | (3) opium poppy and poppy straw; |
12 | | (4) coca leaves, except coca leaves and extracts of |
13 | | coca leaves from which substantially all of the cocaine |
14 | | and ecgonine, and their isomers, derivatives and salts, |
15 | | have been removed; |
16 | | (5) cocaine, its salts, optical and geometric isomers, |
17 | | and salts of isomers; |
18 | | (6) ecgonine, its derivatives, their salts, isomers, |
19 | | and salts of isomers; |
20 | | (7) any compound, mixture, or preparation which |
21 | | contains any quantity of any of the substances referred to |
22 | | in subparagraphs (1) through (6). |
23 | | (bb) "Nurse" means a registered nurse licensed under the |
24 | | Nurse Practice Act. |
25 | | (cc) (Blank). |
26 | | (dd) "Opiate" means any substance having an addiction |
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1 | | forming or addiction sustaining liability similar to morphine |
2 | | or being capable of conversion into a drug having addiction |
3 | | forming or addiction sustaining liability. |
4 | | (ee) "Opium poppy" means the plant of the species Papaver |
5 | | somniferum L., except its seeds. |
6 | | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or |
7 | | solution or other liquid form of medication intended for |
8 | | administration by mouth, but the term does not include a form |
9 | | of medication intended for buccal, sublingual, or transmucosal |
10 | | administration. |
11 | | (ff) "Parole and Pardon Board" means the Parole and Pardon |
12 | | Board of the State of Illinois or its successor agency. |
13 | | (gg) "Person" means any individual, corporation, |
14 | | mail-order pharmacy, government or governmental subdivision or |
15 | | agency, business trust, estate, trust, partnership or |
16 | | association, or any other entity. |
17 | | (hh) "Pharmacist" means any person who holds a license or |
18 | | certificate of registration as a registered pharmacist, a |
19 | | local registered pharmacist or a registered assistant |
20 | | pharmacist under the Pharmacy Practice Act. |
21 | | (ii) "Pharmacy" means any store, ship or other place in |
22 | | which pharmacy is authorized to be practiced under the |
23 | | Pharmacy Practice Act. |
24 | | (ii-5) "Pharmacy shopping" means the conduct prohibited |
25 | | under subsection (b) of Section 314.5 of this Act. |
26 | | (ii-10) "Physician" (except when the context otherwise |
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1 | | requires) means a person licensed to practice medicine in all |
2 | | of its branches. |
3 | | (jj) "Poppy straw" means all parts, except the seeds, of |
4 | | the opium poppy, after mowing. |
5 | | (kk) "Practitioner" means a physician licensed to practice |
6 | | medicine in all its branches, dentist, optometrist, podiatric |
7 | | physician, veterinarian, scientific investigator, pharmacist, |
8 | | physician assistant, advanced practice registered nurse, |
9 | | licensed practical nurse, registered nurse, emergency medical |
10 | | services personnel, hospital, laboratory, or pharmacy, or |
11 | | other person licensed, registered, or otherwise lawfully |
12 | | permitted by the United States or this State to distribute, |
13 | | dispense, conduct research with respect to, administer or use |
14 | | in teaching or chemical analysis, a controlled substance in |
15 | | the course of professional practice or research. |
16 | | (ll) "Pre-printed prescription" means a written |
17 | | prescription upon which the designated drug has been indicated |
18 | | prior to the time of issuance; the term does not mean a written |
19 | | prescription that is individually generated by machine or |
20 | | computer in the prescriber's office. |
21 | | (mm) "Prescriber" means a physician licensed to practice |
22 | | medicine in all its branches, dentist, optometrist, |
23 | | prescribing psychologist licensed under Section 4.2 of the |
24 | | Clinical Psychologist Licensing Act with prescriptive |
25 | | authority delegated under Section 4.3 of the Clinical |
26 | | Psychologist Licensing Act, podiatric physician, or |
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1 | | veterinarian who issues a prescription, a physician assistant |
2 | | who issues a prescription for a controlled substance in |
3 | | accordance with Section 303.05, a written delegation, and a |
4 | | written collaborative agreement required under Section 7.5 of |
5 | | the Physician Assistant Practice Act of 1987, an advanced |
6 | | practice registered nurse with prescriptive authority |
7 | | delegated under Section 65-40 of the Nurse Practice Act and in |
8 | | accordance with Section 303.05, a written delegation, and a |
9 | | written collaborative agreement under Section 65-35 of the |
10 | | Nurse Practice Act, an advanced practice registered nurse |
11 | | certified as a nurse practitioner, nurse midwife, or clinical |
12 | | nurse specialist who has been granted authority to prescribe |
13 | | by a hospital affiliate in accordance with Section 65-45 of |
14 | | the Nurse Practice Act and in accordance with Section 303.05, |
15 | | or an advanced practice registered nurse certified as a nurse |
16 | | practitioner, nurse midwife, or clinical nurse specialist who |
17 | | has full practice authority pursuant to Section 65-43 of the |
18 | | Nurse Practice Act. |
19 | | (nn) "Prescription" means a written, facsimile, or oral |
20 | | order, or an electronic order that complies with applicable |
21 | | federal requirements, of a physician licensed to practice |
22 | | medicine in all its branches, dentist, podiatric physician or |
23 | | veterinarian for any controlled substance, of an optometrist |
24 | | in accordance with Section 15.1 of the Illinois Optometric |
25 | | Practice Act of 1987, of a prescribing psychologist licensed |
26 | | under Section 4.2 of the Clinical Psychologist Licensing Act |
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1 | | with prescriptive authority delegated under Section 4.3 of the |
2 | | Clinical Psychologist Licensing Act, of a physician assistant |
3 | | for a controlled substance in accordance with Section 303.05, |
4 | | a written delegation, and a written collaborative agreement |
5 | | required under Section 7.5 of the Physician Assistant Practice |
6 | | Act of 1987, of an advanced practice registered nurse with |
7 | | prescriptive authority delegated under Section 65-40 of the |
8 | | Nurse Practice Act who issues a prescription for a controlled |
9 | | substance in accordance with Section 303.05, a written |
10 | | delegation, and a written collaborative agreement under |
11 | | Section 65-35 of the Nurse Practice Act, of an advanced |
12 | | practice registered nurse certified as a nurse practitioner, |
13 | | nurse midwife, or clinical nurse specialist who has been |
14 | | granted authority to prescribe by a hospital affiliate in |
15 | | accordance with Section 65-45 of the Nurse Practice Act and in |
16 | | accordance with Section 303.05 when required by law, or of an |
17 | | advanced practice registered nurse certified as a nurse |
18 | | practitioner, nurse midwife, or clinical nurse specialist who |
19 | | has full practice authority pursuant to Section 65-43 of the |
20 | | Nurse Practice Act. |
21 | | (nn-5) "Prescription Information Library" (PIL) means an |
22 | | electronic library that contains reported controlled substance |
23 | | data. |
24 | | (nn-10) "Prescription Monitoring Program" (PMP) means the |
25 | | entity that collects, tracks, and stores reported data on |
26 | | controlled substances and select drugs pursuant to Section |
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1 | | 316. |
2 | | (oo) "Production" or "produce" means manufacture, |
3 | | planting, cultivating, growing, or harvesting of a controlled |
4 | | substance other than methamphetamine. |
5 | | (pp) "Registrant" means every person who is required to |
6 | | register under Section 302 of this Act. |
7 | | (qq) "Registry number" means the number assigned to each |
8 | | person authorized to handle controlled substances under the |
9 | | laws of the United States and of this State. |
10 | | (qq-5) "Secretary" means, as the context requires, either |
11 | | the Secretary of the Department or the Secretary of the |
12 | | Department of Financial and Professional Regulation, and the |
13 | | Secretary's designated agents. |
14 | | (rr) "State" includes the State of Illinois and any state, |
15 | | district, commonwealth, territory, insular possession thereof, |
16 | | and any area subject to the legal authority of the United |
17 | | States of America. |
18 | | (rr-5) "Stimulant" means any drug that (i) causes an |
19 | | overall excitation of central nervous system functions, (ii) |
20 | | causes impaired consciousness and awareness, and (iii) can be |
21 | | habit-forming or lead to a substance abuse problem, including, |
22 | | but not limited to, amphetamines and their analogs, |
23 | | methylphenidate and its analogs, cocaine, and phencyclidine |
24 | | and its analogs. |
25 | | (rr-10) "Synthetic drug" includes, but is not limited to, |
26 | | any synthetic cannabinoids or piperazines or any synthetic |
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1 | | cathinones as provided for in Schedule I. |
2 | | (ss) "Ultimate user" means a person who lawfully possesses |
3 | | a controlled substance for his or her own use or for the use of |
4 | | a member of his or her household or for administering to an |
5 | | animal owned by him or her or by a member of his or her |
6 | | household. |
7 | | (Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22; |
8 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
9 | | (720 ILCS 570/303.05) |
10 | | Sec. 303.05. Mid-level practitioner registration. |
11 | | (a) The Department of Financial and Professional |
12 | | Regulation shall register licensed physician assistants, |
13 | | licensed advanced practice registered nurses, and prescribing |
14 | | psychologists licensed under Section 4.2 of the Clinical |
15 | | Psychologist Licensing Act to prescribe and dispense |
16 | | controlled substances under Section 303 and euthanasia |
17 | | agencies to purchase, store, or administer animal euthanasia |
18 | | drugs under the following circumstances: |
19 | | (1) with respect to physician assistants, |
20 | | (A) the physician assistant has been delegated |
21 | | written authority to prescribe any Schedule III |
22 | | through V controlled substances by a physician |
23 | | licensed to practice medicine in all its branches in |
24 | | accordance with Section 7.5 of the Physician Assistant |
25 | | Practice Act of 1987; and the physician assistant has |
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1 | | completed the appropriate application forms and has |
2 | | paid the required fees as set by rule; or |
3 | | (B) the physician assistant has been delegated |
4 | | authority by a collaborating physician licensed to |
5 | | practice medicine in all its branches to prescribe or |
6 | | dispense Schedule II controlled substances through a |
7 | | written delegation of authority and under the |
8 | | following conditions: |
9 | | (i) Specific Schedule II controlled substances |
10 | | by oral dosage or topical or transdermal |
11 | | application may be delegated, provided that the |
12 | | delegated Schedule II controlled substances are |
13 | | routinely prescribed by the collaborating |
14 | | physician. This delegation must identify the |
15 | | specific Schedule II controlled substances by |
16 | | either brand name or generic name. Schedule II |
17 | | controlled substances to be delivered by injection |
18 | | or other route of administration may not be |
19 | | delegated; |
20 | | (ii) any delegation must be of controlled |
21 | | substances prescribed by the collaborating |
22 | | physician; |
23 | | (iii) all prescriptions must be limited to no |
24 | | more than a 30-day supply, with any continuation |
25 | | authorized only after prior approval of the |
26 | | collaborating physician; |
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1 | | (iv) the physician assistant must discuss the |
2 | | condition of any patients for whom a controlled |
3 | | substance is prescribed monthly with the |
4 | | delegating physician; |
5 | | (A) (v) the physician assistant must have |
6 | | completed the appropriate application forms and paid |
7 | | the required fees as set by rule; |
8 | | (B) (vi) the physician assistant must provide |
9 | | evidence of satisfactory completion of 45 contact |
10 | | hours in pharmacology from any physician assistant |
11 | | program accredited by the Accreditation Review |
12 | | Commission on Education for the Physician Assistant |
13 | | (ARC-PA), or its predecessor agency, for any new |
14 | | license issued with Schedule II authority after the |
15 | | effective date of this amendatory Act of the 97th |
16 | | General Assembly; and |
17 | | (C) (vii) the physician assistant must annually |
18 | | complete at least 5 hours of continuing education in |
19 | | pharmacology; |
20 | | (2) with respect to advanced practice registered |
21 | | nurses who do not meet the requirements of Section 65-43 |
22 | | of the Nurse Practice Act, |
23 | | (A) the advanced practice registered nurse has |
24 | | been delegated authority to prescribe any Schedule III |
25 | | through V controlled substances by a collaborating |
26 | | physician licensed to practice medicine in all its |
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1 | | branches or a collaborating podiatric physician in |
2 | | accordance with Section 65-40 of the Nurse Practice |
3 | | Act. The advanced practice registered nurse has |
4 | | completed the appropriate application forms and has |
5 | | paid the required fees as set by rule; or |
6 | | (B) the advanced practice registered nurse has |
7 | | been delegated authority by a collaborating physician |
8 | | licensed to practice medicine in all its branches to |
9 | | prescribe or dispense Schedule II controlled |
10 | | substances through a written delegation of authority |
11 | | and under the following conditions: |
12 | | (i) specific Schedule II controlled substances |
13 | | by oral dosage or topical or transdermal |
14 | | application may be delegated, provided that the |
15 | | delegated Schedule II controlled substances are |
16 | | routinely prescribed by the collaborating |
17 | | physician. This delegation must identify the |
18 | | specific Schedule II controlled substances by |
19 | | either brand name or generic name. Schedule II |
20 | | controlled substances to be delivered by injection |
21 | | or other route of administration may not be |
22 | | delegated; |
23 | | (ii) any delegation must be of controlled |
24 | | substances prescribed by the collaborating |
25 | | physician; |
26 | | (iii) all prescriptions must be limited to no |
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1 | | more than a 30-day supply, with any continuation |
2 | | authorized only after prior approval of the |
3 | | collaborating physician; |
4 | | (iv) the advanced practice registered nurse |
5 | | must discuss the condition of any patients for |
6 | | whom a controlled substance is prescribed monthly |
7 | | with the delegating physician or in the course of |
8 | | review as required by Section 65-40 of the Nurse |
9 | | Practice Act; |
10 | | (v) the advanced practice registered nurse |
11 | | must have completed the appropriate application |
12 | | forms and paid the required fees as set by rule; |
13 | | (vi) the advanced practice registered nurse |
14 | | must provide evidence of satisfactory completion |
15 | | of at least 45 graduate contact hours in |
16 | | pharmacology for any new license issued with |
17 | | Schedule II authority after the effective date of |
18 | | this amendatory Act of the 97th General Assembly; |
19 | | and |
20 | | (vii) the advanced practice registered nurse |
21 | | must annually complete 5 hours of continuing |
22 | | education in pharmacology; |
23 | | (2.5) with respect to advanced practice registered |
24 | | nurses certified as nurse practitioners, nurse midwives, |
25 | | or clinical nurse specialists who do not meet the |
26 | | requirements of Section 65-43 of the Nurse Practice Act |
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1 | | practicing in a hospital affiliate, |
2 | | (A) the advanced practice registered nurse |
3 | | certified as a nurse practitioner, nurse midwife, or |
4 | | clinical nurse specialist has been privileged to |
5 | | prescribe any Schedule II through V controlled |
6 | | substances by the hospital affiliate upon the |
7 | | recommendation of the appropriate physician committee |
8 | | of the hospital affiliate in accordance with Section |
9 | | 65-45 of the Nurse Practice Act, has completed the |
10 | | appropriate application forms, and has paid the |
11 | | required fees as set by rule; and |
12 | | (B) an advanced practice registered nurse |
13 | | certified as a nurse practitioner, nurse midwife, or |
14 | | clinical nurse specialist has been privileged to |
15 | | prescribe any Schedule II controlled substances by the |
16 | | hospital affiliate upon the recommendation of the |
17 | | appropriate physician committee of the hospital |
18 | | affiliate, then the following conditions must be met: |
19 | | (i) specific Schedule II controlled substances |
20 | | by oral dosage or topical or transdermal |
21 | | application may be designated, provided that the |
22 | | designated Schedule II controlled substances are |
23 | | routinely prescribed by advanced practice |
24 | | registered nurses in their area of certification; |
25 | | the privileging documents must identify the |
26 | | specific Schedule II controlled substances by |
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1 | | either brand name or generic name; privileges to |
2 | | prescribe or dispense Schedule II controlled |
3 | | substances to be delivered by injection or other |
4 | | route of administration may not be granted; |
5 | | (ii) any privileges must be controlled |
6 | | substances limited to the practice of the advanced |
7 | | practice registered nurse; |
8 | | (iii) any prescription must be limited to no |
9 | | more than a 30-day supply; |
10 | | (iv) the advanced practice registered nurse |
11 | | must discuss the condition of any patients for |
12 | | whom a controlled substance is prescribed monthly |
13 | | with the appropriate physician committee of the |
14 | | hospital affiliate or its physician designee; and |
15 | | (v) the advanced practice registered nurse |
16 | | must meet the education requirements of this |
17 | | Section; |
18 | | (3) with respect to animal euthanasia agencies, the |
19 | | euthanasia agency has obtained a license from the |
20 | | Department of Financial and Professional Regulation and |
21 | | obtained a registration number from the Department; or |
22 | | (4) with respect to prescribing psychologists, the |
23 | | prescribing psychologist has been delegated authority to |
24 | | prescribe any nonnarcotic Schedule III through V |
25 | | controlled substances by a collaborating physician |
26 | | licensed to practice medicine in all its branches in |
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1 | | accordance with Section 4.3 of the Clinical Psychologist |
2 | | Licensing Act, and the prescribing psychologist has |
3 | | completed the appropriate application forms and has paid |
4 | | the required fees as set by rule. |
5 | | (b) The mid-level practitioner shall only be licensed to |
6 | | prescribe those schedules of controlled substances for which a |
7 | | licensed physician has delegated prescriptive authority, |
8 | | except that an animal euthanasia agency does not have any |
9 | | prescriptive authority and a physician assistant shall have |
10 | | prescriptive authority in accordance with the Physician |
11 | | Assistant Practice Act of 1987 without delegation by a |
12 | | physician . An A physician assistant and an advanced practice |
13 | | registered nurse is are prohibited from prescribing |
14 | | medications and controlled substances not set forth in the |
15 | | required written delegation of authority or as authorized by |
16 | | their practice Act. |
17 | | (c) Upon completion of all registration requirements, |
18 | | physician assistants, advanced practice registered nurses, and |
19 | | animal euthanasia agencies may be issued a mid-level |
20 | | practitioner controlled substances license for Illinois. |
21 | | (d) A collaborating physician may, but is not required to, |
22 | | delegate prescriptive authority to an advanced practice |
23 | | registered nurse as part of a written collaborative agreement, |
24 | | and the delegation of prescriptive authority shall conform to |
25 | | the requirements of Section 65-40 of the Nurse Practice Act. |
26 | | (e) (Blank). A collaborating physician may, but is not |
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1 | | required to, delegate prescriptive authority to a physician |
2 | | assistant as part of a written collaborative agreement, and |
3 | | the delegation of prescriptive authority shall conform to the |
4 | | requirements of Section 7.5 of the Physician Assistant |
5 | | Practice Act of 1987. |
6 | | (f) Nothing in this Section shall be construed to prohibit |
7 | | generic substitution. |
8 | | (Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17; |
9 | | 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.) |
10 | | Section 95. No acceleration or delay. Where this Act makes |
11 | | changes in a statute that is represented in this Act by text |
12 | | that is not yet or no longer in effect (for example, a Section |
13 | | represented by multiple versions), the use of that text does |
14 | | not accelerate or delay the taking effect of (i) the changes |
15 | | made by this Act or (ii) provisions derived from any other |
16 | | Public Act. |