093_SB0308

 
                                     LRB093 06607 LRD 06737 b

 1        AN ACT concerning psychologists.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Clinical Psychologist  Licensing  Act  is
 5    amended  by changing Sections 2 and 15 and by adding Sections
 6    5.1, 5.2, 5.3, 5.4, 5.5, and 5.6 as follows:

 7        (225 ILCS 15/2) (from Ch. 111, par. 5352)
 8        Sec. 2.  Definitions.  As used in this Act:
 9             (1)  "Department"   means    the    Department    of
10        Professional Regulation.
11             (2)  "Director"  means  the Director of Professional
12        Regulation.
13             (3)  "Board"  means   the   Clinical   Psychologists
14        Licensing   and   Disciplinary  Board  appointed  by  the
15        Director.
16             (4)  "Person"  means  an  individual,   association,
17        partnership or corporation.
18             (5)  "Clinical  psychology"  means  the  independent
19        evaluation,   classification  and  treatment  of  mental,
20        emotional, behavioral or nervous disorders or conditions,
21        developmental  disabilities,  alcoholism  and   substance
22        abuse,  disorders  of habit or conduct, the psychological
23        aspects of physical illness.  The  practice  of  clinical
24        psychology    includes    psychoeducational   evaluation,
25        therapy,  remediation  and  consultation,  the   use   of
26        psychological and neuropsychological testing, assessment,
27        psychotherapy, psychoanalysis, hypnosis, biofeedback, and
28        behavioral  modification  when  any of these are used for
29        the purpose of preventing or eliminating psychopathology,
30        or for the amelioration  of  psychological  disorders  of
31        individuals  or  groups.   "Clinical psychology" does not
 
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 1        include  the  use  of  hypnosis  by  unlicensed   persons
 2        pursuant to Section 3.
 3             (6)  A  person  represents himself to be a "clinical
 4        psychologist" within the meaning of this Act when  he  or
 5        she  holds  himself  out  to  the  public by any title or
 6        description   of   services   incorporating   the   words
 7        "psychological",      "psychologic",      "psychologist",
 8        "psychology", or "clinical psychologist"  or  under  such
 9        title or description offers to render or renders clinical
10        psychological  services  as  defined  in paragraph (7) of
11        this Section to individuals, corporations, or the  public
12        for remuneration.
13             (7)  "Clinical psychological services" refers to any
14        services under paragraph (5) of this Section if the words
15        "psychological",      "psychologic",      "psychologist",
16        "psychology"  or  "clinical  psychologist"  are  used  to
17        describe  such  services  by  the  person or organization
18        offering to render or rendering them.
19             (8)  "Drugs" shall have the  same  meaning  as  that
20        term is given in the Pharmacy Practice Act of 1987.
21             (9)  "Medicines" shall have the same meaning as that
22        term is given in the Pharmacy Practice Act of 1987.
23             (10)  "Prescription"  means  an  order  for  a drug,
24        laboratory  test,   or   any   medicines,   devices,   or
25        treatments,  including  controlled substances, as defined
26        by State law.
27             (11)  "Prescriptive authority" means  the  authority
28        to  prescribe  and  dispense  drugs,  medicines, or other
29        treatment procedures.
30             (12)  "Psychologist certified to prescribe" means  a
31        licensed,  doctoral-level  psychologist who has undergone
32        specialized training, has passed an examination  accepted
33        by  the  Illinois  Clinical  Psychologist  Licensing  and
34        Disciplinary   Board,   and   has   received   a  current
 
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 1        certificate granting prescriptive authority that has  not
 2        been  revoked  or  suspended  from  the Illinois Clinical
 3        Psychologist Licensing and Disciplinary Board.
 4        This Act shall not apply to persons lawfully carrying  on
 5    their  particular  profession  or  business  under  any valid
 6    existing regulatory Act of the State.
 7    (Source: P.A. 89-702, eff. 7-1-97; 90-473, eff. 1-1-98.)

 8        (225 ILCS 15/5.1 new)
 9        Sec.  5.1.   Certification  to  prescribe   drugs.    The
10    Illinois  Clinical  Psychologist  Licensing  and Disciplinary
11    Board shall certify licensed, doctoral-level psychologists to
12    prescribe and dispense drugs in  accordance  with  applicable
13    State and federal laws. The Board shall develop and implement
14    procedures for reviewing educational and training credentials
15    for  that  certification  process  in accordance with current
16    standards of professional practice.   The  Illinois  Clinical
17    Psychologist  Licensing  and  Disciplinary Board may seek the
18    advice of other State agencies with  relevant  experience  in
19    devising the certification procedures and criteria.

20        (225 ILCS 15/5.2 new)
21        Sec.   5.2.  Application  requirements  for  prescriptive
22    authority.
23        (a)  The  Department  shall  grant  certification  to   a
24    psychologist  who  applies  for  prescriptive  authority  and
25    demonstrates   by   official  transcript  or  other  official
26    evidence satisfactory to the Illinois  Clinical  Psychologist
27    Licensing and Disciplinary Board all of the following:
28             (1)  completion  of a doctoral program in psychology
29        from a regionally-accredited university  or  professional
30        school  or,  if the program is not accredited at the time
31        of  graduation,  completion  of  a  doctoral  program  in
32        psychology that meets recognized acceptable  professional
 
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 1        standards   as   determined   by  the  Illinois  Clinical
 2        Psychologist Licensing and Disciplinary Board;
 3             (2)  that he or  she  holds  a  current  license  to
 4        practice psychology in Illinois;
 5             (3)  completion of an organized program of intensive
 6        didactic  instruction as defined by the Illinois Clinical
 7        Psychologist Licensing and Disciplinary Board within  the
 8        5-year period immediately before the date of application,
 9        consisting   of  a  minimum  of  300  contact  hours  and
10        consisting of the following core  areas  of  instruction:
11        neuroscience,      pharmacology,      psychopharmacology,
12        physiology,  pathophysiology,  appropriate  and  relevant
13        physical   and   laboratory   assessment,   and  clinical
14        pharmacotherapeutics;
15             (4)  that he or  she  has  obtained  supervised  and
16        relevant   clinical   experience  sufficient  to  achieve
17        competency  in  the  treatment  of  a   diverse   patient
18        population    under    the    direction    of   qualified
19        practitioners, as determined  by  the  Illinois  Clinical
20        Psychologist Licensing and Disciplinary Board, within the
21        5-year   period   immediately   preceding   the  date  of
22        application  that includes the pharmacological  treatment
23        of  a  minimum of 100 patients under the full supervision
24        and control of a designated qualified  practitioner,  who
25        will   then   certify  the  clinical  competency  of  the
26        candidate for certification; and
27             (5)  that  he  or  she  has  passed   a   certifying
28        examination   administered   by   the  Illinois  Clinical
29        Psychologist Licensing and Disciplinary Board.
30        (b)  The  Department  shall  grant  certification  to   a
31    psychologist  who  applies  for  prescriptive  authority, has
32    completed  the  requirements  specified  in  subsection  (a),
33    except that the academic requirements  in  paragraph  (3)  of
34    subsection  (a)  have been met more than 5 years prior to the
 
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 1    application for prescriptive authority, and has completed  24
 2    hours  of  continuing  education  in  the 2 years immediately
 3    prior to application as specified in Section 5.3.

 4        (225 ILCS 15/5.3 new)
 5        Sec. 5.3.  Renewal of prescriptive authority.
 6        (a) The  Illinois  Clinical  Psychologist  Licensing  and
 7    Disciplinary  Board  shall establish by rule a method for the
 8    annual renewal of prescriptive authority at the time of or in
 9    conjunction with the renewal of clinical psychology licenses.
10        (b) Each applicant for renewal of prescriptive  authority
11    shall  present satisfactory evidence to the Illinois Clinical
12    Psychologist Licensing and Disciplinary  Board  demonstrating
13    the  completion  of 24 required hours of instruction relevant
14    to prescriptive authority  during  the  24  months  prior  to
15    application for renewal.

16        (225 ILCS 15/5.4 new)
17        Sec. 5.4.  Prescribing practices.
18        (a)  Every  prescription  by  a psychologist certified to
19    prescribe shall comply with all applicable State and  federal
20    laws,  be  identified  as  issued  by  the  psychologist as a
21    "psychologist certified to prescribe", and shall include  the
22    prescriber's  identification  number assigned by the Illinois
23    Clinical Psychologist Licensing and Disciplinary Board.
24        (b) Records of all prescriptions shall be  maintained  in
25    patient records.
26        (c)  A psychologist shall not delegate the prescribing of
27    drugs to any other person.

28        (225 ILCS 15/5.5 new)
29        Sec. 5.5.  Controlled substance prescriptive authority.
30        (a) When authorized to prescribe  controlled  substances,
31    each  psychologist  certified  to  prescribe  shall file in a
 
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 1    timely manner any and all individual Drug Enforcement  Agency
 2    (DEA)  registrations  and  numbers with the Illinois Clinical
 3    Psychologist Licensing and Disciplinary Board.
 4        (b) The  Illinois  Clinical  Psychologist  Licensing  and
 5    Disciplinary  Board  shall  maintain current records of every
 6    psychologist   certified   to   prescribe,   including    DEA
 7    registration and numbers.

 8        (225 ILCS 15/5.6 new)
 9        Sec.  5.6.   Interaction with the Illinois State Board of
10    Pharmacy.
11        (a) The  Illinois  Clinical  Psychologist  Licensing  and
12    Disciplinary Board shall transmit to the Illinois State Board
13    of  Pharmacy  an  annual  list  of psychologists certified to
14    prescribe containing the following information:
15             (1) the name of the psychologist;
16             (2)   the   psychologist's   identification   number
17        assigned by the Illinois Clinical Psychologist  Licensing
18        and Disciplinary Board; and
19             (3) the effective date of prescriptive authority.
20        (b)  The  Illinois  Clinical  Psychologist  Licensing and
21    Disciplinary Board shall promptly  forward  to  the  Illinois
22    State Board of Pharmacy the names and titles of psychologists
23    added  to  or  deleted  from the annual list of psychologists
24    certified to prescribe.
25        (c) The  Illinois  Clinical  Psychologist  Licensing  and
26    Disciplinary  Board  shall notify the Illinois State Board of
27    Pharmacy in a timely manner upon termination, suspension,  or
28    reinstatement of a psychologist's prescriptive authority.

29        (225 ILCS 15/15) (from Ch. 111, par. 5365)
30        Sec. 15.  Disciplinary action; grounds.
31        (a)  The Department may refuse to issue, refuse to renew,
32    suspend, or revoke any license, or may  place  on  probation,
 
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 1    censure,  reprimand, or take other disciplinary action deemed
 2    appropriate by the Department, including  the  imposition  of
 3    fines  not to exceed $5000 for each violation, with regard to
 4    any license issued under the provisions of this Act  for  any
 5    one or a combination of the following reasons:
 6        (1)  Conviction  of  any crime that is a felony under the
 7    laws of the United States or any state or  territory  thereof
 8    or  that  is  a  misdemeanor of which an essential element is
 9    dishonesty, or any crime that  is  directly  related  to  the
10    practice of the profession.
11        (2)  Gross   negligence  in  the  rendering  of  clinical
12    psychological services.
13        (3)  Using  fraud  or  making  any  misrepresentation  in
14    applying for a license or in passing the examination provided
15    for in this Act.
16        (4)  Aiding or abetting or conspiring to aid  or  abet  a
17    person,  not a clinical psychologist licensed under this Act,
18    in representing himself or  herself  as  so  licensed  or  in
19    applying for a license under this Act.
20        (5)  Violation  of any provision of this Act or the rules
21    promulgated thereunder.
22        (6)  Professional  connection  or  association  with  any
23    person, firm, association, partnership or corporation holding
24    himself, herself, themselves, or itself  out  in  any  manner
25    contrary to this Act.
26        (7)  Unethical, unauthorized or unprofessional conduct as
27    defined  by rule. In establishing those rules, the Department
28    shall consider, though is not bound by, the ethical standards
29    for  psychologists   promulgated   by   recognized   national
30    psychology associations.
31        (8)  Aiding  or assisting another person in violating any
32    provisions of this Act or the rules promulgated thereunder.
33        (9)  Failing to provide, within 60 days,  information  in
34    response to a written request made by the Department.
 
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 1        (10)  Habitual  or excessive use or addiction to alcohol,
 2    narcotics, stimulants, or any other chemical  agent  or  drug
 3    that  results  in  a  clinical  psychologist's  inability  to
 4    practice with reasonable judgment, skill or safety.
 5        (11)  Discipline   by   another   state,  territory,  the
 6    District of Columbia or foreign country, if at least  one  of
 7    the  grounds  for the discipline is the same or substantially
 8    equivalent to those set forth herein.
 9        (12)  Directly or indirectly giving or receiving from any
10    person, firm, corporation,  association  or  partnership  any
11    fee, commission, rebate or other form of compensation for any
12    professional service not actually or personally rendered.
13        (13)  A  finding  by  the  Board that the licensee, after
14    having his or her license placed on probationary  status  has
15    violated the terms of probation.
16        (14)  Willfully   making   or  filing  false  records  or
17    reports, including but  not  limited  to,  false  records  or
18    reports filed with State agencies or departments.
19        (15)  Physical  illness,  including  but  not limited to,
20    deterioration through the aging process,  mental  illness  or
21    disability  that  results  in  the  inability to practice the
22    profession with reasonable judgment, skill and safety.
23        (16)  Willfully  failing  to  report   an   instance   of
24    suspected  child  abuse  or neglect as required by the Abused
25    and Neglected Child Reporting Act.
26        (17)  Being named as a perpetrator in an indicated report
27    by the Department of Children and Family Services pursuant to
28    the Abused and Neglected Child Reporting Act, and upon  proof
29    by clear and convincing evidence that the licensee has caused
30    a  child  to be an abused child or neglected child as defined
31    in the Abused and Neglected Child Reporting Act.
32        (18)  Violation of the Health Care  Worker  Self-Referral
33    Act.
34        (19)  Making   a   material  misstatement  in  furnishing
 
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 1    information to the Department, any  other  State  or  federal
 2    agency, or any other entity.
 3        The  entry  of an order by any circuit court establishing
 4    that any person holding a license under this Act  is  subject
 5    to  involuntary  admission  or judicial admission as provided
 6    for in the Mental Health and Developmental Disabilities Code,
 7    operates as an automatic suspension of  that  license.   That
 8    person  may  have  his  or her license restored only upon the
 9    determination by a circuit  court  that  the  patient  is  no
10    longer subject to involuntary admission or judicial admission
11    and  the  issuance of an order so finding and discharging the
12    patient and upon the Board's recommendation to the Department
13    that the license be restored.   Where  the  circumstances  so
14    indicate,  the Board  may recommend to the Department that it
15    require an examination prior  to  restoring  any  license  so
16    automatically suspended.
17        The  Department  may  refuse  to issue or may suspend the
18    license of any person who fails to file a return, or  to  pay
19    the  tax,  penalty or interest shown in a filed return, or to
20    pay any final assessment of the tax penalty or  interest,  as
21    required   by  any  tax  Act  administered  by  the  Illinois
22    Department of Revenue, until such time as the requirements of
23    any such tax Act are satisfied.
24        In enforcing this Section, the Board upon a showing of  a
25    possible violation may compel any person licensed to practice
26    under   this  Act,  or  who  has  applied  for  licensure  or
27    certification pursuant to this Act, to submit to a mental  or
28    physical  examination,  or  both,  as  required by and at the
29    expense of  the  Department.   The  examining  physicians  or
30    clinical psychologists shall be those specifically designated
31    by  the  Board.    The  Board or the Department may order the
32    examining  physician  or  clinical  psychologist  to  present
33    testimony concerning this mental or physical  examination  of
34    the  licensee or applicant.  No information shall be excluded
 
                            -10-     LRB093 06607 LRD 06737 b
 1    by reason of any common law or statutory  privilege  relating
 2    to  communications  between the licensee or applicant and the
 3    examining physician or clinical psychologist.  The person  to
 4    be  examined  may  have,  at  his or her own expense, another
 5    physician or clinical  psychologist  of  his  or  her  choice
 6    present  during  all  aspects of the examination.  Failure of
 7    any person to submit to a  mental  or  physical  examination,
 8    when  directed,  shall be grounds for suspension of a license
 9    until the person submits to  the  examination  if  the  Board
10    finds,  after  notice and hearing, that the refusal to submit
11    to the examination was without reasonable cause.
12        If the Board finds a person unable to practice because of
13    the reasons set forth in this Section, the Board may  require
14    that  person  to  submit  to care, counseling or treatment by
15    physicians or clinical psychologists approved  or  designated
16    by  the  Board,  as  a  condition,  term,  or restriction for
17    continued, reinstated, or renewed licensure to practice;  or,
18    in  lieu  of  care,  counseling  or  treatment, the Board may
19    recommend  to  the  Department  to  file   a   complaint   to
20    immediately  suspend,  revoke  or  otherwise  discipline  the
21    license  of the person. Any person whose license was granted,
22    continued, reinstated,  renewed,  disciplined  or  supervised
23    subject  to  such  terms, conditions or restrictions, and who
24    fails to comply with such terms, conditions or  restrictions,
25    shall  be  referred to the Director for a determination as to
26    whether the person shall have his or  her  license  suspended
27    immediately, pending a hearing by the Board.
28        In instances in which the Director immediately suspends a
29    person's  license  under  this  Section,  a  hearing  on that
30    person's license must be convened by the Board within 15 days
31    after the suspension and completed without appreciable delay.
32    The Board shall have the  authority  to  review  the  subject
33    person's  record  of  treatment  and counseling regarding the
34    impairment, to the extent  permitted  by  applicable  federal
 
                            -11-     LRB093 06607 LRD 06737 b
 1    statutes  and regulations safeguarding the confidentiality of
 2    medical records.
 3        A person licensed under this Act and affected under  this
 4    Section  shall  be  afforded an opportunity to demonstrate to
 5    the Board that he or she can resume  practice  in  compliance
 6    with acceptable and prevailing standards under the provisions
 7    of his or her license.
 8        (b)  The  Illinois  Clinical  Psychologist  Licensing and
 9    Disciplinary Board  shall  prescribe  by  rule  criteria  for
10    disciplining,   suspending,   or  revoking  the  prescriptive
11    authority of a  psychologist  certified  to  prescribe.   The
12    Illinois  Clinical  Psychologist  Licensing  and Disciplinary
13    Board shall have the power and duty to  require  remediation,
14    suspension,  or  revocation  of a psychologist's prescriptive
15    authority for a specified period of time to be determined  at
16    the   discretion   of   the  Illinois  Clinical  Psychologist
17    Licensing and Disciplinary Board  in  accordance  with  State
18    law.
19    (Source: P.A. 89-702, eff. 7-1-97.)

20        Section  10.   The  Nursing and Advanced Practice Nursing
21    Act is amended by changing Section 5-10 as follows:

22        (225 ILCS 65/5-10)
23        Sec. 5-10.  Definitions.  Each of  the  following  terms,
24    when  used in this Act, shall have the meaning ascribed to it
25    in this Section, except where the context  clearly  indicates
26    otherwise:
27        (a)  "Department"  means  the  Department of Professional
28    Regulation.
29        (b)  "Director"  means  the  Director   of   Professional
30    Regulation.
31        (c)  "Board"  means the Board of Nursing appointed by the
32    Director.
 
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 1        (d)  "Academic year" means the customary annual  schedule
 2    of  courses  at  a  college,  university, or approved school,
 3    customarily regarded as the school year as distinguished from
 4    the calendar year.
 5        (e)  "Approved program of professional nursing education"
 6    and "approved program of  practical  nursing  education"  are
 7    programs  of professional or practical nursing, respectively,
 8    approved by the Department under the provisions of this Act.
 9        (f)  "Nursing  Act  Coordinator"   means   a   registered
10    professional nurse appointed by the Director to carry out the
11    administrative policies of the Department.
12        (g)  "Assistant   Nursing   Act   Coordinator"   means  a
13    registered professional nurse appointed by  the  Director  to
14    assist  in  carrying  out  the administrative policies of the
15    Department.
16        (h)  "Registered" is the equivalent of "licensed".
17        (i)  "Practical  nurse"  or  "licensed  practical  nurse"
18    means a person who is licensed as  a  practical  nurse  under
19    this  Act  and  practices  practical  nursing  as  defined in
20    paragraph (j)  of  this  Section.   Only  a  practical  nurse
21    licensed  under  this  Act  is  entitled  to  use  the  title
22    "licensed practical nurse" and the abbreviation "L.P.N.".
23        (j)  "Practical nursing" means the performance of nursing
24    acts  requiring  the  basic nursing knowledge, judgement, and
25    skill  acquired  by  means  of  completion  of  an   approved
26    practical   nursing  education  program.   Practical  nursing
27    includes assisting in the nursing process as delegated by and
28    under the direction of a registered professional nurse.   The
29    practical  nurse  may  work under the direction of a licensed
30    physician,  dentist,  podiatrist,  or   other   health   care
31    professional determined by the Department.
32        (k)  "Registered   Nurse"   or  "Registered  Professional
33    Nurse" means a person who is licensed as a professional nurse
34    under this Act and practices nursing as defined in  paragraph
 
                            -13-     LRB093 06607 LRD 06737 b
 1    (l)  of this Section.  Only a registered nurse licensed under
 2    this Act is entitled to use the titles "registered nurse" and
 3    "registered professional nurse" and the abbreviation, "R.N.".
 4        (l)  "Registered professional nursing practice"  includes
 5    all  nursing  specialities  and  means the performance of any
 6    nursing act based upon professional knowledge, judgment,  and
 7    skills  acquired  by  means  of  completion  of  an  approved
 8    registered   professional   nursing   education  program.   A
 9    registered   professional   nurse   provides   nursing   care
10    emphasizing   the   importance   of   the   whole   and   the
11    interdependence of its parts through the nursing  process  to
12    individuals,  groups, families, or communities, that includes
13    but is not limited  to:  (1)  the  assessment  of  healthcare
14    needs,   nursing  diagnosis,  planning,  implementation,  and
15    nursing  evaluation;  (2)  the  promotion,  maintenance,  and
16    restoration of health;  (3)  counseling,  patient  education,
17    health    education,    and   patient   advocacy;   (4)   the
18    administration of medications and treatments as prescribed by
19    a physician licensed to  practice  medicine  in  all  of  its
20    branches,  a  licensed  dentist,  a  licensed  podiatrist,  a
21    psychologist   certified   to   prescribe,   or   a  licensed
22    optometrist or as prescribed  by  a  physician  assistant  in
23    accordance   with   written  guidelines  required  under  the
24    Physician Assistant Practice Act of 1987 or  by  an  advanced
25    practice  nurse  in  accordance  with a written collaborative
26    agreement required under the Nursing  and  Advanced  Practice
27    Nursing  Act;  (5)  the  coordination  and  management of the
28    nursing plan of care; (6) the delegation to  and  supervision
29    of  individuals  who assist the registered professional nurse
30    implementing  the  plan  of  care;  and  (7)   teaching   and
31    supervision  of nursing students.  The foregoing shall not be
32    deemed  to  include  those  acts  of  medical  diagnosis   or
33    prescription  of  therapeutic or corrective measures that are
34    properly performed only by physicians licensed in  the  State
 
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 1    of Illinois.
 2        (m)  "Current  nursing  practice  update  course" means a
 3    planned  nursing  education  curriculum   approved   by   the
 4    Department  consisting  of  activities  that have educational
 5    objectives, instructional methods, content or subject matter,
 6    clinical practice, and evaluation methods, related  to  basic
 7    review  and  updating  content  and  specifically planned for
 8    those nurses previously licensed in the United States or  its
 9    territories and preparing for reentry into nursing practice.
10        (n)  "Professional assistance program for nurses" means a
11    professional   assistance   program   that   meets   criteria
12    established  by  the  Board  of  Nursing  and approved by the
13    Director,  which  provides   a   non-disciplinary   treatment
14    approach  for nurses licensed under this Act whose ability to
15    practice is compromised  by  alcohol  or  chemical  substance
16    addiction.
17    (Source:  P.A.  90-61,  eff.  12-30-97;  90-248, eff. 1-1-98;
18    90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)

19        Section 15.  The Pharmacy Practice Act of 1987 is amended
20    by changing Sections 3 and 4 as follows:

21        (225 ILCS 85/3) (from Ch. 111, par. 4123)
22        (Section scheduled to be repealed on January 1, 2008)
23        (Text of Section before amendment by P.A. 92-880)
24        Sec. 3. Definitions.  For the purpose of this Act, except
25    where otherwise limited therein:
26        (a)  "Pharmacy" or "drugstore" means and  includes  every
27    store,  shop,  pharmacy  department,  or  other  place  where
28    pharmaceutical  care  is  provided  by a pharmacist (1) where
29    drugs, medicines, or poisons are dispensed, sold  or  offered
30    for  sale  at retail, or displayed for sale at retail; or (2)
31    where prescriptions of physicians,  dentists,  veterinarians,
32    podiatrists,   psychologists   certified   to  prescribe,  or
 
                            -15-     LRB093 06607 LRD 06737 b
 1    therapeutically certified optometrists, within the limits  of
 2    their  licenses, are compounded, filled, or dispensed; or (3)
 3    which has upon it or displayed within it, or  affixed  to  or
 4    used  in connection with it, a sign bearing the word or words
 5    "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical  Care",
 6    "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
 7    "Drugs", "Medicines", or any word or words of similar or like
 8    import, either in the English language or any other language;
 9    or  (4)  where  the  characteristic prescription sign (Rx) or
10    similar design is exhibited; or (5) any store,  or  shop,  or
11    other  place  with  respect  to which any of the above words,
12    objects, signs or designs are used in any advertisement.
13        (b)  "Drugs" means and includes (l)  articles  recognized
14    in   the   official   United   States  Pharmacopoeia/National
15    Formulary (USP/NF),  or  any  supplement  thereto  and  being
16    intended  for  and  having  for their main use the diagnosis,
17    cure, mitigation, treatment or prevention of disease  in  man
18    or  other  animals, as approved by the United States Food and
19    Drug Administration, but does not include  devices  or  their
20    components, parts, or accessories; and (2) all other articles
21    intended  for  and  having  for their main use the diagnosis,
22    cure, mitigation, treatment or prevention of disease  in  man
23    or  other  animals, as approved by the United States Food and
24    Drug Administration, but does not include  devices  or  their
25    components,  parts,  or  accessories; and (3) articles (other
26    than food) having for their main use and intended  to  affect
27    the  structure  or  any  function of the body of man or other
28    animals; and (4) articles  having  for  their  main  use  and
29    intended  for use as a component or any articles specified in
30    clause (l), (2) or (3); but does not include devices or their
31    components, parts or accessories.
32        (c)  "Medicines" means and includes  all  drugs  intended
33    for  human  or  veterinary  use approved by the United States
34    Food and Drug Administration.
 
                            -16-     LRB093 06607 LRD 06737 b
 1        (d)  "Practice  of  pharmacy"  means  the  provision   of
 2    pharmaceutical   care   to  patients  as  determined  by  the
 3    pharmacist's professional judgment in  the  following  areas,
 4    which  may  include  but  are  not  limited  to  (1)  patient
 5    counseling,   (2)   interpretation   and   assisting  in  the
 6    monitoring of  appropriate  drug  use  and  prospective  drug
 7    utilization   review,   (3)   providing  information  on  the
 8    therapeutic  values,  reactions,  drug   interactions,   side
 9    effects,  uses, selection of medications and medical devices,
10    and outcome  of  drug  therapy,  (4)  participation  in  drug
11    selection,   drug   monitoring,   drug   utilization  review,
12    evaluation, administration,  interpretation,  application  of
13    pharmacokinetic  and  laboratory  data  to  design  safe  and
14    effective  drug  regimens,  (5)  drug  research (clinical and
15    scientific), and (6) compounding and dispensing of drugs  and
16    medical devices.
17        (e)  "Prescription" means and includes any written, oral,
18    facsimile,  or  electronically transmitted order for drugs or
19    medical devices, issued by a physician licensed  to  practice
20    medicine  in  all  its  branches,  dentist,  veterinarian, or
21    podiatrist,  or therapeutically certified optometrist, within
22    the limits of their licenses, by  a  physician  assistant  in
23    accordance  with  subsection  (f)  of  Section  4,  or  by an
24    advanced practice nurse in accordance with subsection (g)  of
25    Section 4, containing the following: (l) name of the patient;
26    (2)  date when prescription was issued; (3) name and strength
27    of drug or description of the medical device prescribed;  and
28    (4)  quantity, (5) directions for use, (6) prescriber's name,
29    address and signature, and (7) DEA number where required, for
30    controlled substances. DEA numbers shall not be  required  on
31    inpatient drug orders.
32        (f)  "Person"   means  and  includes  a  natural  person,
33    copartnership, association, corporation,  government  entity,
34    or any other legal entity.
 
                            -17-     LRB093 06607 LRD 06737 b
 1        (g)  "Department"  means  the  Department of Professional
 2    Regulation.
 3        (h)  "Board of Pharmacy" or "Board" means the State Board
 4    of Pharmacy of the Department of Professional Regulation.
 5        (i)  "Director"  means  the  Director   of   Professional
 6    Regulation.
 7        (j)  "Drug product selection" means the interchange for a
 8    prescribed  pharmaceutical product in accordance with Section
 9    25 of this Act and Section 3.14 of the  Illinois  Food,  Drug
10    and Cosmetic Act.
11        (k)  "Inpatient  drug  order" means an order issued by an
12    authorized prescriber for a resident or patient of a facility
13    licensed under the Nursing Home  Care  Act  or  the  Hospital
14    Licensing  Act,  or  "An  Act in relation to the founding and
15    operation of the University  of  Illinois  Hospital  and  the
16    conduct  of  University  of  Illinois  health care programs",
17    approved July 3, 1931, as amended, or  a  facility  which  is
18    operated by the Department of Human Services (as successor to
19    the   Department   of   Mental   Health   and   Developmental
20    Disabilities) or the Department of Corrections.
21        (k-5)  "Pharmacist"   means   an   individual   currently
22    licensed by this State to engage in the practice of pharmacy.
23        (l)  "Pharmacist in charge" means the licensed pharmacist
24    whose  name  appears on a pharmacy license who is responsible
25    for all aspects of the operation related to the  practice  of
26    pharmacy.
27        (m)  "Dispense"  means  the delivery of drugs and medical
28    devices, in accordance with applicable State and federal laws
29    and  regulations,   to   the   patient   or   the   patient's
30    representative   authorized   to   receive   these  products,
31    including the compounding, packaging, and labeling  necessary
32    for delivery, and any recommending or advising concerning the
33    contents  and therapeutic values and uses thereof. "Dispense"
34    does not mean  the  physical  delivery  to  a  patient  or  a
 
                            -18-     LRB093 06607 LRD 06737 b
 1    patient's  representative  in  a  home  or  institution  by a
 2    designee of a pharmacist or by  common  carrier.   "Dispense"
 3    also does not mean the physical delivery of a drug or medical
 4    device   to  a  patient  or  patient's  representative  by  a
 5    pharmacist's designee within a pharmacy  or  drugstore  while
 6    the pharmacist is on duty and the pharmacy is open.
 7        (n)  "Mail-order  pharmacy"  means  a  pharmacy  that  is
 8    located in a state of the United States, other than Illinois,
 9    that  delivers,  dispenses or distributes, through the United
10    States Postal Service or other common  carrier,  to  Illinois
11    residents, any substance which requires a prescription.
12        (o)  "Compounding"   means   the   preparation,   mixing,
13    assembling,  packaging,  or  labeling  of  a  drug or medical
14    device: (1) as the result of  a  practitioner's  prescription
15    drug  order  or  initiative  that  is dispensed pursuant to a
16    prescription in the course of professional practice;  or  (2)
17    for  the  purpose  of, or incident to, research, teaching, or
18    chemical analysis; or (3)  in  anticipation  of  prescription
19    drug  orders based on routine, regularly observed prescribing
20    patterns.
21        (p)  "Confidential   information"   means    information,
22    maintained  by  the  pharmacist  in  the  patient's  records,
23    released  only (i) to the patient or, as the patient directs,
24    to other practitioners and other pharmacists or (ii)  to  any
25    other person authorized by law to receive the information.
26        (q)  "Prospective   drug  review"  or  "drug  utilization
27    evaluation" means a  screening  for  potential  drug  therapy
28    problems   due   to   therapeutic  duplication,  drug-disease
29    contraindications, drug-drug interactions (including  serious
30    interactions with nonprescription or over-the-counter drugs),
31    drug-food  interactions, incorrect drug dosage or duration of
32    drug treatment, drug-allergy interactions, and clinical abuse
33    or misuse.
34        (r)  "Patient counseling" means the communication between
 
                            -19-     LRB093 06607 LRD 06737 b
 1    a  pharmacist  or  a  student  pharmacist  under  the  direct
 2    supervision of a pharmacist and a patient  or  the  patient's
 3    representative  about  the patient's medication or device for
 4    the  purpose  of  optimizing  proper  use   of   prescription
 5    medications   or  devices.   The  offer  to  counsel  by  the
 6    pharmacist  or  the  pharmacist's  designee,  and  subsequent
 7    patient counseling by the pharmacist or  student  pharmacist,
 8    shall  be  made  in  a  face-to-face  communication  with the
 9    patient  or   patient's   representative   unless,   in   the
10    professional  judgment  of  the  pharmacist,  a  face-to-face
11    communication  is  deemed  inappropriate  or unnecessary.  In
12    that instance, the offer to counsel or patient counseling may
13    be made in a written communication, by  telephone,  or  in  a
14    manner determined by the pharmacist to be appropriate.
15        (s)  "Patient  profiles" or "patient drug therapy record"
16    means the obtaining, recording, and  maintenance  of  patient
17    prescription and personal information.
18        (t)  "Pharmaceutical  care"  includes, but is not limited
19    to, the act of monitoring drug use  and  other  patient  care
20    services  intended  to  achieve  outcomes  that  improve  the
21    patient's  quality  of life but shall not include the sale of
22    over-the-counter drugs by a seller of goods and services  who
23    does not dispense prescription drugs.
24        (u)  "Medical  device"  means  an  instrument, apparatus,
25    implement, machine, contrivance, implant, in  vitro  reagent,
26    or  other similar or related article, including any component
27    part or accessory, required under federal  law  to  bear  the
28    label  "Caution: Federal law requires dispensing by or on the
29    order of a physician". A seller of goods  and  services  who,
30    only  for  the  purpose  of  retail  sales, compounds, sells,
31    rents, or  leases  medical  devices  shall  not,  by  reasons
32    thereof, be required to be a licensed pharmacy.
33    (Source: P.A.  89-202,  eff.  7-21-95;  89-507,  eff. 7-1-97;
34    90-116, eff. 7-14-97;  90-253,  eff.  7-29-97;  90-655,  eff.
 
                            -20-     LRB093 06607 LRD 06737 b
 1    7-30-98; 90-742, eff. 8-13-98.)

 2        (Text of Section after amendment by P.A. 92-880)
 3        Sec. 3. Definitions.  For the purpose of this Act, except
 4    where otherwise limited therein:
 5        (a)  "Pharmacy"  or  "drugstore" means and includes every
 6    store,  shop,  pharmacy  department,  or  other  place  where
 7    pharmaceutical care is provided by  a  pharmacist  (1)  where
 8    drugs,  medicines,  or poisons are dispensed, sold or offered
 9    for sale at retail, or displayed for sale at retail;  or  (2)
10    where  prescriptions  of physicians, dentists, veterinarians,
11    podiatrists,  psychologists  certified   to   prescribe,   or
12    therapeutically  certified optometrists, within the limits of
13    their licenses, are compounded, filled, or dispensed; or  (3)
14    which  has  upon  it or displayed within it, or affixed to or
15    used in connection with it, a sign bearing the word or  words
16    "Pharmacist",  "Druggist", "Pharmacy", "Pharmaceutical Care",
17    "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
18    "Drugs", "Medicines", or any word or words of similar or like
19    import, either in the English language or any other language;
20    or (4) where the characteristic  prescription  sign  (Rx)  or
21    similar  design  is  exhibited; or (5) any store, or shop, or
22    other place with respect to which any  of  the  above  words,
23    objects, signs or designs are used in any advertisement.
24        (b)  "Drugs"  means  and includes (l) articles recognized
25    in  the   official   United   States   Pharmacopoeia/National
26    Formulary  (USP/NF),  or  any  supplement  thereto  and being
27    intended for and having for their  main  use  the  diagnosis,
28    cure,  mitigation,  treatment or prevention of disease in man
29    or other animals, as approved by the United States  Food  and
30    Drug  Administration,  but  does not include devices or their
31    components, parts, or accessories; and (2) all other articles
32    intended for and having for their  main  use  the  diagnosis,
33    cure,  mitigation,  treatment or prevention of disease in man
34    or other animals, as approved by the United States  Food  and
 
                            -21-     LRB093 06607 LRD 06737 b
 1    Drug  Administration,  but  does not include devices or their
 2    components, parts, or accessories; and  (3)  articles  (other
 3    than  food)  having for their main use and intended to affect
 4    the structure or any function of the body  of  man  or  other
 5    animals;  and  (4)  articles  having  for  their main use and
 6    intended for use as a component or any articles specified  in
 7    clause (l), (2) or (3); but does not include devices or their
 8    components, parts or accessories.
 9        (c)  "Medicines"  means  and  includes all drugs intended
10    for human or veterinary use approved  by  the  United  States
11    Food and Drug Administration.
12        (d)  "Practice   of  pharmacy"  means  the  provision  of
13    pharmaceutical  care  to  patients  as  determined   by   the
14    pharmacist's  professional  judgment  in the following areas,
15    which  may  include  but  are  not  limited  to  (1)  patient
16    counseling,  (2)  interpretation   and   assisting   in   the
17    monitoring  of  appropriate  drug  use  and  prospective drug
18    utilization  review,  (3)  providing   information   on   the
19    therapeutic   values,   reactions,  drug  interactions,  side
20    effects, uses, selection of medications and medical  devices,
21    and  outcome  of  drug  therapy,  (4)  participation  in drug
22    selection,  drug   monitoring,   drug   utilization   review,
23    evaluation,  administration,  interpretation,  application of
24    pharmacokinetic  and  laboratory  data  to  design  safe  and
25    effective drug regimens,  (5)  drug  research  (clinical  and
26    scientific),  and (6) compounding and dispensing of drugs and
27    medical devices.
28        (e)  "Prescription" means and includes any written, oral,
29    facsimile, or electronically transmitted order for  drugs  or
30    medical  devices,  issued by a physician licensed to practice
31    medicine in  all  its  branches,  dentist,  veterinarian,  or
32    podiatrist,  or therapeutically certified optometrist, within
33    the  limits  of  their  licenses, by a physician assistant in
34    accordance with  subsection  (f)  of  Section  4,  or  by  an
 
                            -22-     LRB093 06607 LRD 06737 b
 1    advanced  practice nurse in accordance with subsection (g) of
 2    Section 4, containing the following: (l) name of the patient;
 3    (2) date when prescription was issued; (3) name and  strength
 4    of  drug or description of the medical device prescribed; and
 5    (4) quantity, (5) directions for use, (6) prescriber's  name,
 6    address and signature, and (7) DEA number where required, for
 7    controlled  substances.  DEA numbers shall not be required on
 8    inpatient drug orders.
 9        (f)  "Person"  means  and  includes  a  natural   person,
10    copartnership,  association,  corporation, government entity,
11    or any other legal entity.
12        (g)  "Department" means the  Department  of  Professional
13    Regulation.
14        (h)  "Board of Pharmacy" or "Board" means the State Board
15    of Pharmacy of the Department of Professional Regulation.
16        (i)  "Director"   means   the  Director  of  Professional
17    Regulation.
18        (j)  "Drug product selection" means the interchange for a
19    prescribed pharmaceutical product in accordance with  Section
20    25  of  this  Act and Section 3.14 of the Illinois Food, Drug
21    and Cosmetic Act.
22        (k)  "Inpatient drug order" means an order issued  by  an
23    authorized prescriber for a resident or patient of a facility
24    licensed  under  the  Nursing  Home  Care Act or the Hospital
25    Licensing Act, or "An Act in relation  to  the  founding  and
26    operation  of  the  University  of  Illinois Hospital and the
27    conduct of University  of  Illinois  health  care  programs",
28    approved  July  3,  1931,  as amended, or a facility which is
29    operated by the Department of Human Services (as successor to
30    the   Department   of   Mental   Health   and   Developmental
31    Disabilities) or the Department of Corrections.
32        (k-5)  "Pharmacist"   means   an   individual   currently
33    licensed by this State to engage in the practice of pharmacy.
34        (l)  "Pharmacist in charge" means the licensed pharmacist
 
                            -23-     LRB093 06607 LRD 06737 b
 1    whose  name  appears  on  a  pharmacy  license  and  who   is
 2    responsible  for  all aspects of the operation related to the
 3    practice of pharmacy.
 4        (m)  "Dispense" means the delivery of drugs  and  medical
 5    devices, in accordance with applicable State and federal laws
 6    and   regulations,   to   the   patient   or   the  patient's
 7    representative  authorized   to   receive   these   products,
 8    including  the compounding, packaging, and labeling necessary
 9    for delivery, and any recommending or advising concerning the
10    contents and therapeutic values and uses thereof.  "Dispense"
11    does not mean  the  physical  delivery  to  a  patient  or  a
12    patient's  representative  in  a  home  or  institution  by a
13    designee of a pharmacist or by  common  carrier.   "Dispense"
14    also does not mean the physical delivery of a drug or medical
15    device   to  a  patient  or  patient's  representative  by  a
16    pharmacist's designee within a pharmacy  or  drugstore  while
17    the pharmacist is on duty and the pharmacy is open.
18        (n)  "Mail-order  pharmacy"  means  a  pharmacy  that  is
19    located in a state of the United States, other than Illinois,
20    that  delivers,  dispenses or distributes, through the United
21    States Postal Service or other common  carrier,  to  Illinois
22    residents, any substance which requires a prescription.
23        (o)  "Compounding"   means   the   preparation,   mixing,
24    assembling,  packaging,  or  labeling  of  a  drug or medical
25    device: (1) as the result of  a  practitioner's  prescription
26    drug  order  or  initiative  that  is dispensed pursuant to a
27    prescription in the course of professional practice;  or  (2)
28    for  the  purpose  of, or incident to, research, teaching, or
29    chemical analysis; or (3)  in  anticipation  of  prescription
30    drug  orders based on routine, regularly observed prescribing
31    patterns.
32        (p)  "Confidential   information"   means    information,
33    maintained  by  the  pharmacist  in  the  patient's  records,
34    released  only (i) to the patient or, as the patient directs,
 
                            -24-     LRB093 06607 LRD 06737 b
 1    to other practitioners and other pharmacists or (ii)  to  any
 2    other person authorized by law to receive the information.
 3        (q)  "Prospective   drug  review"  or  "drug  utilization
 4    evaluation" means a  screening  for  potential  drug  therapy
 5    problems   due   to   therapeutic  duplication,  drug-disease
 6    contraindications, drug-drug interactions (including  serious
 7    interactions with nonprescription or over-the-counter drugs),
 8    drug-food  interactions, incorrect drug dosage or duration of
 9    drug treatment, drug-allergy interactions, and clinical abuse
10    or misuse.
11        (r)  "Patient counseling" means the communication between
12    a  pharmacist  or  a  student  pharmacist  under  the  direct
13    supervision of a pharmacist and a patient  or  the  patient's
14    representative  about  the patient's medication or device for
15    the  purpose  of  optimizing  proper  use   of   prescription
16    medications   or  devices.   The  offer  to  counsel  by  the
17    pharmacist  or  the  pharmacist's  designee,  and  subsequent
18    patient counseling by the pharmacist or  student  pharmacist,
19    shall  be  made  in  a  face-to-face  communication  with the
20    patient  or   patient's   representative   unless,   in   the
21    professional  judgment  of  the  pharmacist,  a  face-to-face
22    communication  is  deemed  inappropriate  or unnecessary.  In
23    that instance, the offer to counsel or patient counseling may
24    be made in a written communication, by  telephone,  or  in  a
25    manner determined by the pharmacist to be appropriate.
26        (s)  "Patient  profiles" or "patient drug therapy record"
27    means the obtaining, recording, and  maintenance  of  patient
28    prescription and personal information.
29        (t)  "Pharmaceutical  care"  includes, but is not limited
30    to, the act of monitoring drug use  and  other  patient  care
31    services  intended  to  achieve  outcomes  that  improve  the
32    patient's  quality  of life but shall not include the sale of
33    over-the-counter drugs by a seller of goods and services  who
34    does not dispense prescription drugs.
 
                            -25-     LRB093 06607 LRD 06737 b
 1        (u)  "Medical  device"  means  an  instrument, apparatus,
 2    implement, machine, contrivance, implant, in  vitro  reagent,
 3    or  other similar or related article, including any component
 4    part or accessory, required under federal  law  to  bear  the
 5    label  "Caution: Federal law requires dispensing by or on the
 6    order of a physician". A seller of goods  and  services  who,
 7    only  for  the  purpose  of  retail  sales, compounds, sells,
 8    rents, or  leases  medical  devices  shall  not,  by  reasons
 9    thereof, be required to be a licensed pharmacy.
10        (v)  "Unique  identifier"  means an electronic signature,
11    handwritten signature or  initials,  thumb  print,  or  other
12    acceptable  individual biometric or electronic identification
13    process as approved by the Department.
14    (Source: P.A. 92-880, eff. 1-1-04.)

15        (225 ILCS 85/4) (from Ch. 111, par. 4124)
16        Sec. 4. Exemptions. Nothing contained in any  Section  of
17    this Act shall apply to, or in any manner interfere with:
18        (a)  the  lawful  practice  of  any physician licensed to
19    practice  medicine  in  all   of   its   branches,   dentist,
20    podiatrist,    veterinarian,    psychologist   certified   to
21    prescribe, or  therapeutically  or  diagnostically  certified
22    optometrist  within  the  limits  of  his  or her license, or
23    prevent him or her from supplying to his  or  her  bona  fide
24    patients such drugs, medicines, or poisons as may seem to him
25    appropriate;
26        (b)  the sale of compressed gases;
27        (c)  the  sale  of  patent  or  proprietary medicines and
28    household  remedies  when  sold  in  original  and   unbroken
29    packages  only,  if  such patent or proprietary medicines and
30    household remedies be properly and adequately labeled  as  to
31    content  and  usage  and generally considered and accepted as
32    harmless  and  nonpoisonous  when  used  according   to   the
33    directions  on  the  label,  and also do not contain opium or
 
                            -26-     LRB093 06607 LRD 06737 b
 1    coca leaves, or any compound, salt or derivative thereof,  or
 2    any  drug  which,  according  to  the  latest editions of the
 3    following   authoritative   pharmaceutical   treatises    and
 4    standards,  namely,  The United States Pharmacopoeia/National
 5    Formulary (USP/NF), the United States Dispensatory,  and  the
 6    Accepted   Dental   Remedies   of   the   Council  of  Dental
 7    Therapeutics of the American Dental  Association  or  any  or
 8    either  of them, in use on the effective date of this Act, or
 9    according to the existing provisions  of  the  Federal  Food,
10    Drug,  and  Cosmetic Act and Regulations of the Department of
11    Health and Human  Services,  Food  and  Drug  Administration,
12    promulgated   thereunder   now   in  effect,  is  designated,
13    described  or  considered  as  a  narcotic,  hypnotic,  habit
14    forming, dangerous, or poisonous drug;
15        (d)  the  sale  of  poultry  and  livestock  remedies  in
16    original and unbroken packages only, labeled for poultry  and
17    livestock medication;
18        (e)  the  sale  of  poisonous  substances  or  mixture of
19    poisonous substances, in unbroken packages, for  nonmedicinal
20    use  in  the  arts or industries or for insecticide purposes;
21    provided, they are properly  and  adequately  labeled  as  to
22    content  and  such nonmedicinal usage, in conformity with the
23    provisions of all applicable federal, state  and  local  laws
24    and regulations promulgated thereunder now in effect relating
25    thereto  and governing the same, and those which are required
26    under such applicable laws and regulations to be labeled with
27    the word "Poison", are also labeled with  the  word  "Poison"
28    printed  thereon  in prominent type and the name of a readily
29    obtainable antidote with directions for its administration;
30        (f)  the delegation of limited prescriptive authority  by
31    a physician licensed to practice medicine in all its branches
32    to  a  physician assistant under Section 7.5 of the Physician
33    Assistant Practice Act of 1987. This delegated authority  may
34    but  is not required to include prescription of Schedule III,
 
                            -27-     LRB093 06607 LRD 06737 b
 1    IV, or V controlled substances, as defined in Article  II  of
 2    the  Illinois  Controlled  Substances Act, in accordance with
 3    written  guidelines  under  Section  7.5  of  the   Physician
 4    Assistant Practice Act of 1987; and
 5        (g)  The  delegation of limited prescriptive authority by
 6    a physician licensed to practice medicine in all its branches
 7    to an advanced practice nurse in accordance  with  a  written
 8    collaborative agreement under Sections 15-15 and 15-20 of the
 9    Nursing  and  Advanced  Practice Nursing Act.  This delegated
10    authority may but is not required to include the prescription
11    of Schedule III, IV, or V controlled substances as defined in
12    Article II of the Illinois Controlled Substances Act.
13    (Source: P.A. 90-116, eff.  7-14-97;  90-253,  eff.  7-29-97;
14    90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)

15        Section  20.   The  Illinois Controlled Substances Act is
16    amended by changing Section 102 as follows:

17        (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
18        Sec. 102.  Definitions.  As used in this Act, unless  the
19    context otherwise requires:
20        (a)  "Addict"  means  any  person who habitually uses any
21    drug,  chemical,  substance  or  dangerous  drug  other  than
22    alcohol so as to endanger the public morals,  health,  safety
23    or  welfare  or  who  is  so  far  addicted  to  the use of a
24    dangerous drug or controlled substance other than alcohol  as
25    to  have lost the power of self control with reference to his
26    addiction.
27        (b)  "Administer"  means  the  direct  application  of  a
28    controlled  substance,  whether  by  injection,   inhalation,
29    ingestion,  or  any  other means, to the body of a patient or
30    research subject by:
31             (1)  a practitioner (or, in  his  presence,  by  his
32        authorized agent), or
 
                            -28-     LRB093 06607 LRD 06737 b
 1             (2)  the  patient  or research subject at the lawful
 2        direction of the practitioner.
 3        (c)  "Agent" means  an  authorized  person  who  acts  on
 4    behalf of or at the direction of a manufacturer, distributor,
 5    or  dispenser.   It  does  not  include  a common or contract
 6    carrier, public warehouseman or employee of  the  carrier  or
 7    warehouseman.
 8        (c-1)  "Anabolic  Steroids"  means  any  drug or hormonal
 9    substance,  chemically  and  pharmacologically   related   to
10    testosterone   (other   than   estrogens,   progestins,   and
11    corticosteroids) that promotes muscle growth, and includes:
12                  (i)  boldenone,
13                  (ii)  chlorotestosterone,
14                  (iii)  chostebol,
15                  (iv)  dehydrochlormethyltestosterone,
16                  (v)  dihydrotestosterone,
17                  (vi)  drostanolone,
18                  (vii)  ethylestrenol,
19                  (viii)  fluoxymesterone,
20                  (ix)  formebulone,
21                  (x)  mesterolone,
22                  (xi)  methandienone,
23                  (xii)  methandranone,
24                  (xiii)  methandriol,
25                  (xiv)  methandrostenolone,
26                  (xv)  methenolone,
27                  (xvi)  methyltestosterone,
28                  (xvii)  mibolerone,
29                  (xviii)  nandrolone,
30                  (xix)  norethandrolone,
31                  (xx)  oxandrolone,
32                  (xxi)  oxymesterone,
33                  (xxii)  oxymetholone,
34                  (xxiii)  stanolone,
 
                            -29-     LRB093 06607 LRD 06737 b
 1                  (xxiv)  stanozolol,
 2                  (xxv)  testolactone,
 3                  (xxvi)  testosterone,
 4                  (xxvii)  trenbolone, and
 5                  (xxviii)  any  salt, ester, or isomer of a drug
 6             or substance described or listed in this  paragraph,
 7             if  that  salt,  ester,  or  isomer  promotes muscle
 8             growth.
 9        Any person who is otherwise lawfully in possession of  an
10    anabolic  steroid,  or  who  otherwise lawfully manufactures,
11    distributes, dispenses, delivers, or possesses with intent to
12    deliver  an  anabolic  steroid,  which  anabolic  steroid  is
13    expressly  intended  for   and   lawfully   allowed   to   be
14    administered  through implants to livestock or other nonhuman
15    species, and which is approved by the Secretary of Health and
16    Human Services for such administration, and which the  person
17    intends  to  administer  or  have  administered  through such
18    implants, shall not  be  considered  to  be  in  unauthorized
19    possession   or   to   unlawfully   manufacture,  distribute,
20    dispense, deliver, or possess with  intent  to  deliver  such
21    anabolic steroid for purposes of this Act.
22        (d)  "Administration"    means   the   Drug   Enforcement
23    Administration, United States Department of Justice,  or  its
24    successor agency.
25        (e)  "Control" means to add a drug or other substance, or
26    immediate  precursor,  to a Schedule under Article II of this
27    Act whether by transfer from another Schedule or otherwise.
28        (f)  "Controlled Substance" means a drug,  substance,  or
29    immediate  precursor  in  the Schedules of Article II of this
30    Act.
31        (g)  "Counterfeit   substance"   means    a    controlled
32    substance,  which,  or  the  container  or labeling of which,
33    without authorization bears the  trademark,  trade  name,  or
34    other  identifying  mark,  imprint,  number or device, or any
 
                            -30-     LRB093 06607 LRD 06737 b
 1    likeness  thereof,  of  a   manufacturer,   distributor,   or
 2    dispenser  other  than  the  person who in fact manufactured,
 3    distributed, or dispensed the substance.
 4        (h)  "Deliver"   or   "delivery"   means   the    actual,
 5    constructive   or  attempted  transfer  of  possession  of  a
 6    controlled substance, with or without consideration,  whether
 7    or not there is an agency relationship.
 8        (i)  "Department"  means the Illinois Department of Human
 9    Services (as successor to the Department  of  Alcoholism  and
10    Substance Abuse) or its successor agency.
11        (j)  "Department of State Police" means the Department of
12    State  Police  of  the  State  of  Illinois  or its successor
13    agency.
14        (k)  "Department of Corrections" means the Department  of
15    Corrections of the State of Illinois or its successor agency.
16        (l)  "Department  of  Professional  Regulation" means the
17    Department  of  Professional  Regulation  of  the  State   of
18    Illinois or its successor agency.
19        (m)  "Depressant" or "stimulant substance" means:
20             (1)  a  drug  which  contains  any  quantity  of (i)
21        barbituric acid or any of the salts  of  barbituric  acid
22        which  has been designated as habit forming under section
23        502 (d) of the Federal Food, Drug, and Cosmetic  Act  (21
24        U.S.C. 352 (d)); or
25             (2)  a  drug  which  contains  any  quantity  of (i)
26        amphetamine or methamphetamine and any of  their  optical
27        isomers;  (ii) any salt of amphetamine or methamphetamine
28        or any salt of an optical isomer of amphetamine; or (iii)
29        any substance which the Department, after  investigation,
30        has found to be, and by rule designated as, habit forming
31        because  of  its  depressant  or  stimulant effect on the
32        central nervous system; or
33             (3)  lysergic acid diethylamide; or
34             (4)  any drug  which  contains  any  quantity  of  a
 
                            -31-     LRB093 06607 LRD 06737 b
 1        substance  which the Department, after investigation, has
 2        found to have,  and  by  rule  designated  as  having,  a
 3        potential   for   abuse  because  of  its  depressant  or
 4        stimulant effect on the central  nervous  system  or  its
 5        hallucinogenic effect.
 6        (n)  (Blank).
 7        (o)  "Director"  means  the Director of the Department of
 8    State Police or the Department of Professional Regulation  or
 9    his designated agents.
10        (p)  "Dispense"  means  to deliver a controlled substance
11    to an ultimate user or research subject by or pursuant to the
12    lawful order of  a  prescriber,  including  the  prescribing,
13    administering,  packaging, labeling, or compounding necessary
14    to prepare the substance for that delivery.
15        (q)  "Dispenser" means a practitioner who dispenses.
16        (r)  "Distribute"  means  to  deliver,  other   than   by
17    administering or dispensing, a controlled substance.
18        (s)  "Distributor" means a person who distributes.
19        (t)  "Drug"  means  (1) substances recognized as drugs in
20    the   official   United   States   Pharmacopoeia,    Official
21    Homeopathic  Pharmacopoeia  of the United States, or official
22    National Formulary, or any supplement to  any  of  them;  (2)
23    substances  intended  for use in diagnosis, cure, mitigation,
24    treatment, or prevention of disease in man  or  animals;  (3)
25    substances (other than food) intended to affect the structure
26    of  any  function  of  the  body  of  man  or animals and (4)
27    substances intended for use as a  component  of  any  article
28    specified  in clause (1), (2), or (3) of this subsection.  It
29    does not include  devices  or  their  components,  parts,  or
30    accessories.
31        (t-5)  "Euthanasia  agency"  means an entity certified by
32    the Department of Professional Regulation for the purpose  of
33    animal  euthanasia  that  holds  an  animal  control facility
34    license or animal shelter license under  the  Animal  Welfare
 
                            -32-     LRB093 06607 LRD 06737 b
 1    Act.   A  euthanasia agency is authorized to purchase, store,
 2    possess, and utilize Schedule II nonnarcotic and Schedule III
 3    nonnarcotic drugs for the sole purpose of animal euthanasia.
 4        (u)  "Good faith" means the prescribing or dispensing  of
 5    a  controlled  substance  by  a  practitioner  in the regular
 6    course of professional treatment to or for any person who  is
 7    under  his  treatment for a pathology or condition other than
 8    that individual's physical or psychological  dependence  upon
 9    or  addiction  to  a controlled substance, except as provided
10    herein:  and application of the term to  a  pharmacist  shall
11    mean the dispensing of a controlled substance pursuant to the
12    prescriber's  order which in the professional judgment of the
13    pharmacist is lawful.  The  pharmacist  shall  be  guided  by
14    accepted professional standards including, but not limited to
15    the following, in making the judgment:
16             (1)  lack    of    consistency   of   doctor-patient
17        relationship,
18             (2)  frequency of prescriptions for same drug by one
19        prescriber for large numbers of patients,
20             (3)  quantities beyond those normally prescribed,
21             (4)  unusual dosages,
22             (5)  unusual geographic distances  between  patient,
23        pharmacist and prescriber,
24             (6)  consistent prescribing of habit-forming drugs.
25        (u-1)  "Home  infusion  services" means services provided
26    by  a  pharmacy   in   compounding   solutions   for   direct
27    administration to a patient in a private residence, long-term
28    care  facility,  or  hospice  setting by means of parenteral,
29    intravenous,  intramuscular,  subcutaneous,  or   intraspinal
30    infusion.
31        (v)  "Immediate precursor" means a substance:
32             (1)  which  the  Department  has  found to be and by
33        rule designated as being a principal  compound  used,  or
34        produced  primarily  for  use,  in  the  manufacture of a
 
                            -33-     LRB093 06607 LRD 06737 b
 1        controlled substance;
 2             (2)  which is  an  immediate  chemical  intermediary
 3        used  or  likely  to  be  used in the manufacture of such
 4        controlled substance; and
 5             (3)  the control of which is necessary  to  prevent,
 6        curtail  or  limit  the  manufacture  of  such controlled
 7        substance.
 8        (w)  "Instructional  activities"  means   the   acts   of
 9    teaching,  educating  or  instructing  by practitioners using
10    controlled substances within educational facilities  approved
11    by the State Board of Education or its successor agency.
12        (x)  "Local  authorities"  means  a duly organized State,
13    County or Municipal peace unit or police force.
14        (y)  "Look-alike substance" means a substance, other than
15    a controlled substance  which  (1)  by  overall  dosage  unit
16    appearance,  including  shape,  color, size, markings or lack
17    thereof,  taste,  consistency,  or  any   other   identifying
18    physical  characteristic  of  the  substance,  would  lead  a
19    reasonable   person  to  believe  that  the  substance  is  a
20    controlled  substance,  or  (2)  is  expressly  or  impliedly
21    represented to be a controlled substance  or  is  distributed
22    under  circumstances  which would lead a reasonable person to
23    believe that the substance is a controlled substance. For the
24    purpose of determining whether the  representations  made  or
25    the circumstances of the distribution would lead a reasonable
26    person  to believe the substance to be a controlled substance
27    under this clause (2) of subsection (y), the court  or  other
28    authority  may  consider the following factors in addition to
29    any other factor that may be relevant:
30             (a)  statements made  by  the  owner  or  person  in
31        control  of  the  substance concerning its nature, use or
32        effect;
33             (b)  statements made to the buyer or recipient  that
34        the substance may be resold for profit;
 
                            -34-     LRB093 06607 LRD 06737 b
 1             (c)  whether  the  substance is packaged in a manner
 2        normally used for the illegal distribution of  controlled
 3        substances;
 4             (d)  whether    the    distribution   or   attempted
 5        distribution included an exchange of or demand for  money
 6        or  other  property  as  consideration,  and  whether the
 7        amount of the  consideration  was  substantially  greater
 8        than the reasonable retail market value of the substance.
 9        Clause  (1)  of  this subsection (y) shall not apply to a
10    noncontrolled substance in its finished dosage form that  was
11    initially  introduced  into  commerce  prior  to  the initial
12    introduction into commerce of a controlled substance  in  its
13    finished dosage form which it may substantially resemble.
14        Nothing  in  this subsection (y) prohibits the dispensing
15    or  distributing  of  noncontrolled  substances  by   persons
16    authorized  to  dispense and distribute controlled substances
17    under this Act, provided that such action would be deemed  to
18    be  carried  out  in  good  faith under subsection (u) if the
19    substances involved were controlled substances.
20        Nothing in this subsection (y) or in this  Act  prohibits
21    the   manufacture,   preparation,  propagation,  compounding,
22    processing, packaging, advertising or distribution of a  drug
23    or  drugs by any person registered pursuant to Section 510 of
24    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
25        (y-1)  "Mail-order pharmacy" means  a  pharmacy  that  is
26    located in a state of the United States, other than Illinois,
27    that  delivers,  dispenses or distributes, through the United
28    States Postal Service or other common  carrier,  to  Illinois
29    residents, any substance which requires a prescription.
30        (z)  "Manufacture"  means  the  production,  preparation,
31    propagation,  compounding,  conversion  or  processing  of  a
32    controlled  substance,  either  directly  or  indirectly,  by
33    extraction    from   substances   of   natural   origin,   or
34    independently  by  means  of  chemical  synthesis,  or  by  a
 
                            -35-     LRB093 06607 LRD 06737 b
 1    combination  of  extraction  and  chemical   synthesis,   and
 2    includes  any  packaging  or  repackaging of the substance or
 3    labeling of its container, except that  this  term  does  not
 4    include:
 5             (1)  by   an   ultimate  user,  the  preparation  or
 6        compounding of a controlled substance for his own use; or
 7             (2)  by a  practitioner,  or  his  authorized  agent
 8        under  his  supervision,  the  preparation,  compounding,
 9        packaging, or labeling of a controlled substance:
10                  (a)  as  an  incident  to  his administering or
11             dispensing of a controlled substance in  the  course
12             of his professional practice; or
13                  (b)  as   an   incident   to  lawful  research,
14             teaching or chemical analysis and not for sale.
15        (z-1)  "Methamphetamine manufacturing chemical" means any
16    of the following chemicals or substances  containing  any  of
17    the  following  chemicals:  benzyl  methyl ketone, ephedrine,
18    methyl benzyl ketone, phenylacetone,  phenyl-2-propanone,  or
19    pseudoephedrine  or  any  of  the  salts, optical isomers, or
20    salts of optical isomers of the above-listed chemicals.
21        (aa)  "Narcotic drug" means any of the following, whether
22    produced directly or indirectly by extraction from substances
23    of natural origin, or  independently  by  means  of  chemical
24    synthesis,  or  by  a  combination of extraction and chemical
25    synthesis:
26             (1)  opium  and  opiate,  and  any  salt,  compound,
27        derivative, or preparation of opium or opiate;
28             (2)  any  salt,  compound,  isomer,  derivative,  or
29        preparation thereof which  is  chemically  equivalent  or
30        identical  with  any  of  the  substances  referred to in
31        clause (1), but not including the isoquinoline  alkaloids
32        of opium;
33             (3)  opium poppy and poppy straw;
34             (4)  coca  leaves  and  any salts, compound, isomer,
 
                            -36-     LRB093 06607 LRD 06737 b
 1        salt of an isomer, derivative,  or  preparation  of  coca
 2        leaves  including  cocaine  or  ecgonine,  and  any salt,
 3        compound,  isomer,  derivative,  or  preparation  thereof
 4        which is chemically equivalent or identical with  any  of
 5        these  substances,  but  not  including decocainized coca
 6        leaves or extractions of coca leaves which do not contain
 7        cocaine or ecgonine (for the purpose of  this  paragraph,
 8        the   term  "isomer"  includes  optical,  positional  and
 9        geometric isomers).
10        (bb)  "Nurse" means a registered nurse licensed under the
11    Nursing and Advanced Practice Nursing Act.
12        (cc)  (Blank).
13        (dd)  "Opiate" means any substance  having  an  addiction
14    forming or addiction sustaining liability similar to morphine
15    or  being  capable of conversion into a drug having addiction
16    forming or addiction sustaining liability.
17        (ee)  "Opium  poppy"  means  the  plant  of  the  species
18    Papaver somniferum L., except its seeds.
19        (ff)  "Parole and Pardon  Board"  means  the  Parole  and
20    Pardon  Board  of  the  State  of  Illinois  or its successor
21    agency.
22        (gg)  "Person"   means   any   individual,   corporation,
23    mail-order pharmacy, government or  governmental  subdivision
24    or  agency,  business  trust,  estate,  trust, partnership or
25    association, or any other entity.
26        (hh)  "Pharmacist"  means  any   person   who   holds   a
27    certificate  of  registration  as  a registered pharmacist, a
28    local  registered  pharmacist  or  a   registered   assistant
29    pharmacist under the Pharmacy Practice Act of 1987.
30        (ii)  "Pharmacy"  means any store, ship or other place in
31    which pharmacy  is  authorized  to  be  practiced  under  the
32    Pharmacy Practice Act of 1987.
33        (jj)  "Poppy straw" means all parts, except the seeds, of
34    the opium poppy, after mowing.
 
                            -37-     LRB093 06607 LRD 06737 b
 1        (kk)  "Practitioner"   means   a  physician  licensed  to
 2    practice medicine in all its branches,  dentist,  podiatrist,
 3    veterinarian,    psychologist,    scientific    investigator,
 4    pharmacist,  physician  assistant,  advanced  practice nurse,
 5    licensed  practical  nurse,   registered   nurse,   hospital,
 6    laboratory,   or   pharmacy,   or   other   person  licensed,
 7    registered, or otherwise lawfully  permitted  by  the  United
 8    States   or  this  State  to  distribute,  dispense,  conduct
 9    research with respect to, administer or use  in  teaching  or
10    chemical  analysis,  a  controlled substance in the course of
11    professional practice or research.
12        (ll)  "Pre-printed   prescription"   means   a    written
13    prescription   upon   which  the  designated  drug  has  been
14    indicated prior to the time of issuance.
15        (mm)  "Prescriber" means a physician licensed to practice
16    medicine  in   all   its   branches,   dentist,   podiatrist,
17    psychologist  certified  to  prescribe  or  veterinarian  who
18    issues  a  prescription,  a  physician assistant who issues a
19    prescription  for  a  Schedule  III,  IV,  or  V   controlled
20    substance  in  accordance with Section 303.05 and the written
21    guidelines  required  under  Section  7.5  of  the  Physician
22    Assistant Practice Act of 1987, or an advanced practice nurse
23    with prescriptive authority in accordance with Section 303.05
24    and a written collaborative agreement  under  Sections  15-15
25    and 15-20 of the Nursing and Advanced Practice Nursing Act.
26        (nn)  "Prescription"  means  a lawful written, facsimile,
27    or verbal order of a physician licensed to practice  medicine
28    in  all its branches, dentist, podiatrist or veterinarian for
29    any controlled substance, of  a  physician  assistant  for  a
30    Schedule  III,  IV,  or  V controlled substance in accordance
31    with Section 303.05 and the written guidelines required under
32    Section 7.5 of the Physician Assistant Practice Act of  1987,
33    or  of  an  advanced practice nurse who issues a prescription
34    for  a  Schedule  III,  IV,  or  V  controlled  substance  in
 
                            -38-     LRB093 06607 LRD 06737 b
 1    accordance with Section 303.05 and  a  written  collaborative
 2    agreement  under  Sections 15-15 and 15-20 of the Nursing and
 3    Advanced Practice Nursing Act.
 4        (oo)  "Production"  or   "produce"   means   manufacture,
 5    planting, cultivating, growing, or harvesting of a controlled
 6    substance.
 7        (pp)  "Registrant"  means every person who is required to
 8    register under Section 302 of this Act.
 9        (qq)  "Registry number" means the number assigned to each
10    person authorized to handle controlled substances  under  the
11    laws of the United States and of this State.
12        (rr)  "State"  includes  the  State  of  Illinois and any
13    state, district, commonwealth, territory, insular  possession
14    thereof,  and  any area subject to the legal authority of the
15    United States of America.
16        (ss)  "Ultimate  user"  means  a  person   who   lawfully
17    possesses  a  controlled substance for his own use or for the
18    use of a member of his household or for administering  to  an
19    animal owned by him or by a member of his household.
20    (Source:  P.A.  91-403,  eff.  1-1-00;  91-714,  eff. 6-2-00;
21    92-449, eff. 1-1-02.)

22        Section 95.  No acceleration or delay.   Where  this  Act
23    makes changes in a statute that is represented in this Act by
24    text  that  is not yet or no longer in effect (for example, a
25    Section represented by multiple versions), the  use  of  that
26    text  does  not  accelerate or delay the taking effect of (i)
27    the changes made by this Act or (ii) provisions derived  from
28    any other Public Act.